WSR 01-12-051

PROPOSED RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed June 1, 2001, 10:02 a.m. ]

Original Notice.

Title of Rule: Title 136 WAC.

Purpose: Amends WAC 136-210-020 Applicable design standards, 136-150-020 Implementing the eligibility requirement, 136-150-022 Ascertaining the expenditures for traffic law enforcement, 136-150-023 Identifying eligible counties, 136-150-030 Certification required, and 136-150-040 Post audit penalty.

Statutory Authority for Adoption: Chapter 36.79 RCW.

Name of Agency Personnel Responsible for Drafting and Implementation: Karen Pendleton, Olympia, (360) 753-5989; and Enforcement: Jay P. Weber, Olympia, (360) 753-5989.

Name of Proponent: County Road Administration Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Amendments are grammatical and clean up.

Proposal Changes the Following Existing Rules: Amends WAC 136-210-020, 136-150-020, 136-150-022, 136-150-023, 136-150-024, 136-150-030, and 136-150-040, the rural arterial program.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, on July 19, 2001, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Karen Pendleton by July 13, 2001, TDD (800) 833-6384, or (360) 753-5989.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, fax (360) 586-0386, by July 13, 2001.

Date of Intended Adoption: July 19, 2001.

May 31, 2001

Jay P. Weber

Executive Director

OTS-4914.1


AMENDATORY SECTION(Amending WSR 96-17-013, filed 8/12/96, effective 9/12/96)

WAC 136-210-020   Applicable design standards.   Geometric design of all RAP projects including all bridges shall, unless otherwise approved by the CRABoard, be in accordance with the city and county design standards for the construction of urban and rural arterials and collectors as ((adopted November 30, 1994,)) they may be revised from time to time in accordance with RCW 35.78.030 and 43.32.020.

[Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-210-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), 136-210-020, filed 7/30/84.]

OTS-4915.1


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-150-020   Implementing the eligibility requirement.   The county road administration board will ascertain the amount of the total road levy fixed in each county and the amount diverted, if any, for any services to be provided in the unincorporated area of the county in accordance with RCW 36.33.220. ((The amount actually spent each year for traffic law enforcement will be compared with the amount diverted to determine whether or not the county is eligible to receive RATA funds.))

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-150-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-150-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 87-21-046 (Order 66), 136-150-020, filed 10/15/87; 86-06-005 (Order 61), 136-150-020, filed 2/20/86; 84-16-065 (Order 56), 136-150-020, filed 7/30/84.]


AMENDATORY SECTION(Amending WSR 00-18-021, filed 8/28/00, effective 9/28/00)

WAC 136-150-022   Ascertaining the expenditures for traffic law enforcement.   In those counties in which ((road fund dollars or)) diverted road levy or transfer of road funds has been budgeted for traffic law enforcement, the county sheriff shall submit a certification showing the actual expenditure for traffic law enforcement in the previous budget year, provided that counties with a population of less than eight thousand shall be exempt from this requirement. Such certification shall be submitted to the county road administration board no later than March 15 of each year.

[Statutory Authority: Chapter 36.79 RCW. 00-18-021, 136-150-022, filed 8/28/00, effective 9/28/00; 99-01-021, 136-150-022, filed 12/7/98, effective 1/7/99; 97-24-069, 136-150-022, filed 12/2/97, effective 1/2/98. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-150-022, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 87-21-046 (Order 66), 136-150-022, filed 10/15/87.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-150-023   Identifying eligible counties.   Counties eligible to receive RATA funds shall be:

(1) Those in which there has been no diversion of the county road levy;

(2) Those in which the actual expenditures for traffic law enforcement have been equal to((,)) or greater than((,)) either the amount of diverted road levy budgeted for traffic law enforcement or the amount of road funds transferred to current expense to fund traffic law enforcement;

(3) Those in which road funds being transferred to other funds are being used for legitimate road purposes;

(4) Those with a population of less than eight thousand; and

(((4))) (5) Those expending revenues collected for road purposes only on other governmental services after authorization from the voters of that county under RCW 84.55.050.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-150-023, filed 12/7/98, effective 1/7/99; 97-24-069, 136-150-023, filed 12/2/97, effective 1/2/98. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-150-023, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 87-21-046 (Order 66), 136-150-023, filed 10/15/87.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-150-024   Constraint of contract execution.   The county road administration board shall not execute a contract with any county for any RAP project unless the appropriate certifications have been submitted and unless the county has been identified as being eligible to receive RATA funds.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-150-024, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. 87-21-046 (Order 66), 136-150-024, filed 10/15/87; 86-06-005 (Order 61), 136-150-024, filed 2/20/86.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-150-030   Certification required.   The contract between the county road administration board and a county relative to a RAP project shall contain a certification, signed by the county executive or chair of the board of county commissioners, as appropriate, that the county is in compliance with the provisions of this chapter.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-150-030, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), 136-150-030, filed 7/30/84.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-150-040   Post audit penalty.   Every RAP project shall be subject to final examination and audit by the state auditor. In the event such an examination reveals an improper certification on the part of a county relative to compliance with provisions of this chapter, the matter shall be placed on the agenda of the next meeting of the county road administration board ((meeting)) and may be cause for the ((county road administration)) board to withdraw or deny the certificate of good practice of that county((; and/or to)). The board may also require that all((,)) or part of((,)) the RATA funds received by the county be returned to the county road administration board.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-150-040, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. 86-06-005 (Order 61), 136-150-040, filed 2/20/86; 84-16-065 (Order 56), 136-150-040, filed 7/30/84.]

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