Date of Adoption: September 3, 1999.

Purpose: The emergency rules shown below are being revised to update current language and provide needed language to reflect the current procedures of the TIB programs. Changes were also made due to the passage of SHB 1588, which consolidated several TIB accounts.

Citation of Existing Rules Affected by this Order: Repealing WAC 479-02-020, 479-02-030, 479-12-020, 479-13-010, 479-13-011, 479-13-025, 479-13-070, 479-16-010, 479-16-015, 479-16-016, 479-16-020, 479-16-030, 479-16-035, 479-16-040, 479-16-045, 479-16-050, 479-16-060, 479-16-080, 479-16-085, 479-16-098, 479-20-007, 479-20-010, 479-20-011, 479-20-013, 479-20-016, 479-20-025, 479-20-027, 479-20-031, 479-20-037, 479-20-086, 479-20-089, 479-20-095, 479-112-001, 479-112-003, 479-112-0055, 479-112-007, 479-112-008, 479-112-009, 479-112-010, 479-112-017, 479-112-018, 479-112-020, 479-310-010, 479-310-050, 479-310-100, 479-310-150, 479-310-200, 479-312-010, 479-312-050, 479-312-100, 479-312-150, 479-312-200, 479-312-250, 479-312-300, 479-316-010, 479-316-050, 479-316-100, 479-316-200, 479-316-250, 479-316-300, 479-320-050, 479-320-100, 479-320-150, 479-320-200, 479-410-010, 479-410-020, 479-410-100, 479-410-150, 479-410-160, 479-410-170, 479-410-180, 479-410-200, 479-412-020, 479-412-100, 479-412-150, 479-412-200, 479-412-250, 479-412-300, 479-412-310, 479-416-010, 479-416-015, 479-416-016, 479-416-018, 479-416-020, 479-416-030, 479-416-035, 479-416-040, 479-416-045, and 479-416-050; and amending WAC 479-01-010, 479-01-040, 479-02-010, 479-02-050, 479-02-060, 479-02-110, 479-12-005, 479-12-008, and 479-12-010.

Statutory Authority for Adoption: Chapters 47.26 and 47.66 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: These emergency rules are necessary in order to allow agencies to submit project applications for fiscal year 2000, which are due September 30, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 78, Amended 9, Repealed 112.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 78, Amended 9, Repealed 112.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 78, Amended 9, Repealed 112.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

September 3, 1999

Jerry M. Fay

Executive Director

DESCRIPTION OF ORGANIZATION
AMENDATORY SECTION(Amending WSR 95-22-056, filed 10/30/95, effective 11/30/95)

WAC 479-01-010
Organization of transportation improvement board.

The transportation improvement board is a twenty-one member board, organized under the provisions of chapter 269, Laws of 1995.  The board administers the urban arterial trust account ((program)), the transportation improvement account ((program, small city account program, city hardship assistance program, central Puget Sound public transportation account)), and public transportation systems account((,)). ((Intermodal Surface Transportation and Efficiency Act of 1991, surface transportation program state-wide competitive,)). ((and)) The board evaluates petitions requesting any additions or deletions from the state highway system ((created and financed under the provisions contained herein.))  and forwards recommendations to the legislature ((created and financed under the provisions contained therein)). (((Nineteen members of the board are appointed by the secretary of transportation, with six being city officials, six being county officials, two representatives of public transit systems, a private sector member, a member representing the ports, a member representing nonmotorized transportation, a member representing special needs transportation and two representatives from the department of transportation.  One member shall be appointed by the governor.  The county road administration engineer, created by RCW 36.78.060 is an ex officio member of the board.)) The board selects projects for the STP Statewide Competitive program and the Enhancement program and forwards the recommended list to the legislature. Board membership is defined in RCW 47.26.121.

[Statutory Authority: 1995 c 269 § 2601.  95-22-056, § 479-01-010, filed 10/30/95, effective 11/30/95.  Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-01-010, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-01-010, filed 5/10/90, effective 6/10/90; 83-22-021 (Order 83-01, Resolution Nos. 770, 771 and 772), § 479-01-010, filed 10/26/83; Order 31 (part), § 479-01-010, filed 11/8/67.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-01-040
Definitions.

For purposes of implementing the requirements of RCW 47.26.160 relative to the transportation improvement board, the following definitions shall apply:

(1) Board - the transportation improvement board.

(2) TIB - the transportation improvement board.

((2)) (3) Director - the executive director of the transportation improvement board.

(4) Agency - all cities, towns, counties, and public transit agencies eligible to receive board funding.

(5) Urban area - the term "urban area" as used for the arterial improvement program and the transportation partnership program refers to the portion of a county within the federal urea boundary as designated by FHWA and/or Washington state's Growth Management Act.

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-01-040, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-01-040, filed 5/10/90, effective 6/10/90.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 95-22-056, filed 10/30/95, effective 11/30/95)

WAC 479-01-050
Administration costs.

The board costs for necessary staff services and facilities that are attributable to the urban arterial trust account, ((small city account, city hardship assistance account,)) transportation improvement account, ((central Puget Sound public transportation account)) and public transportation systems account shall be paid in proportion to the anticipated expenditures of the ((programs)) accounts as determined by the biennial appropriation.

[Statutory Authority: 1995 c 269 § 2601.  95-22-056, § 479-01-050, filed 10/30/95, effective 11/30/95.]

PUBLIC ACCESS TO INFORMATION AND RECORDS
AMENDATORY SECTION(Amending WSR 91-13-056, filed 6/17/91, effective 7/18/91)

WAC 479-02-010
Purpose.

The purpose of this chapter shall be to ensure compliance by the Washington transportation improvement board with the provisions of RCW 42.17.250 through ((42.17.340)) 42.17.348 dealing with public records.

[Statutory Authority: Chapter 47.26 RCW.  91-13-056, § 479-02-010, filed 6/17/91, effective 7/18/91.]

The transportation improvement board public records shall be in the charge of the ((confidential secretary)) executive director who shall be the public records officer for the board.  The person so designated shall be located in the transportation improvement boards office in Olympia, Washington.  The public records officer shall be responsible for implementation of the board's rules and regulations regarding release of public records, coordinating staff efforts of the board in this regard and generally ensuring compliance of the staff with the public records disclosure requirements of chapter 1, Laws of 1973.

[Statutory Authority: Chapter 47.26 RCW.  91-13-056, § 479-02-050, filed 6/17/91, effective 7/18/91.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 91-13-056, filed 6/17/91, effective 7/18/91)

WAC 479-02-060
Public records available.

All public records of the board as defined in ((WAC 479-02-020)) chapter 42.17 RCW are deemed available for public inspection and copying pursuant to these rules, ((except as provided in WAC 479-02-030)) unless the record falls within the specific exemptions of RCW 42.17.310 or other statute that exempts or prohibits disclosure of specific information or records.

[Statutory Authority: Chapter 47.26 RCW.  91-13-056, § 479-02-060, filed 6/17/91, effective 7/18/91.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-02-110
Denial of request.

(1) The executive director shall determine which public records requested in accordance with these rules are exempt under the provisions of RCW 42.17.310 or other statute.

2) Each denial of a request for a public record shall be accompanied by a written statement to the person requesting the record clearly specifying the reasons for denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.  

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-02-110, filed 1/30/95, effective 3/2/95; 91-13-056, § 479-02-110, filed 6/17/91, effective 7/18/91.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

The following sections of the Washington State Administrative Code are repealed:

WAC 479-02-020	Definitions.
WAC 479-02-030	Exempted records.

Chapter 479-05 WAC

PROGRAM REQUIREMENTS
NEW SECTION
WAC 479-05-010
Time and place for submission of proposed transportation improvement board projects.

Prospectuses for predesign or design phase shall be requested by the board after:

(1) Submitted project applications have been evaluated as to priority;

(2) The obligation status of the urban arterial trust account and. The legislative appropriation authority have been reviewed and capacity to authorize additional projects determined.

Prospectuses for predesign phase or design phase shall be received by the board by the first day of the month preceding the month in which project authorization is proposed unless a later receipt is approved by the director.

Prospectuses for the construction phase shall be received by the twentieth day of the month preceding the month in which construction project authorization is proposed unless a later receipt date is approved by the director.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 479-05-020
Six-year transportation programs for urban areas.

The six-year transportation programs of urban area cities and counties required, respectively, by RCW 35.77.010, 36.81.121 and 35.588.2795 must have proposed transportation improvement board projects included prior to board approval projects of funds.

A copy of the six-year transportation program including the proposed projects to be approved shall be submitted to the board along with a copy of the resolution of the city or county adopting such program.

[]

At the beginning of each fiscal year the board shall update its six-year financial plan to determine the amount of estimated revenue to be available for new project starts in the ensuing biennium. The estimate of funds for new project starts shall take into consideration projects approved by the board for the design phase where construction funding approval is pending.

[]

Value engineering studies shall be required in accordance with the policy adopted by the board.

[]

Predesign, design proposals and related construction projects authorized by the board for financial assistance shall be selected for authorization based upon the following factors:

The proposed project scope shall include improvements that will address or mitigate the items for which the project was selected.

The board shall evaluate the project scope and may reduce the project scope if the scope exceeds that which is necessary to address or mitigate the item in the selection process.

The following factors relative to each project, in addition to other factors required by law, shall be evaluated:

(1) Each project shall be evaluated on the availability and source of matching funds.

(2) Construction prospectuses for projects previously approved for design and right of way funding by the board shall be required to be accompanied by the following information demonstrating the readiness of the project to be placed under contract for construction.

(a) A certification from the legislative body or other designated responsible official, of the administering agency, that an environmental impact analysis has been conducted and an environmental impact statement including the conformity with the state and Federal Clean Air Acts or negative declaration of environmental impact, as appropriate, has been circulated pursuant to chapter 43.21C RCW, and that the results have been utilized in arriving at the decisions reflected in the prospectus for the construction project.

(b) A certification that all right of way required for the project is available or if right of way remains to be acquired that the agency has obtained a possession and use agreement on the parcels in question.

(c) A certification from the legislative body that the project is completely designed and ready to be advertised for bids.

(d) The date the project will be advertised for bids.

(e) Each construction project prospectus shall identify changes between the scope of work of the proposed construction project and the construction work contemplated in the current six-year transportation program or the project design prospectus. An explanation and justification for such changes shall also be included.

(f) The board shall consider adjustments to the amount previously requested in accordance with the board's rule on increases in transportation improvement board funds.

[]

All construction by agencies using transportation improvement board funds shall be advertised, competitively bid and contracted, except:.

(1) Utility and railroad relocations and adjustments, and

(2) Installation of traffic control devices, if accomplished by the personnel of the agency.

A competitive bid is not required for projects which meet the requirements of RCW 36.77, 35.22, 35.23, and 35.27.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 479-05-070
Registered engineer in charge.

All projects using transportation improvement board funds shall be planned, designed, and constructed under the supervision of a professional engineer registered in the state of Washington.

[]

The current edition of the Standard Specifications for Road, Bridge, and Municipal Construction or equivalent, shall be included in any contract entered into by an agency using board funds.

[]

All transportation improvement board funded projects shall be prepared using currently applicable design standards.

[]

Utility and railroad adjustments and relocations may be performed by negotiated contract with the owner of those facilities. The administering agency shall review and approve a written statement that includes the items of work and an estimate of cost prepared by the utility or railroad for the work required as a result of the arterial improvement. Updated statements of items of work and estimates of cost may be reviewed and approved by the administering agency. All costs of utility and railroad adjustments, as finally approved by the administering agency, shall be subject to audit. If federal aid highway funds are included in the project, the negotiated contract shall include the applicable provisions of federal highway administration policies and procedures prescribed in 23 CFR 140, 23 CFR 645 and 23 CFR 646, Federal Aid Policy Guide.

[]

Board funds may be used in the actual, necessary costs of relocating utility or other service facilities resulting from an approved urban arterial project when:

(1) The local agency administering the project directly incurs such costs; or

(2) The local agency administering the project is obligated by law or by previously established and documented policies and practices for such costs.

Board funds may be used in the costs costs to underground service connections for street illumination and traffic signal services within the prescribed limits of the approved project.

The board funds used in the costs of relocating utility or other service facilities, other than service connections for street illumination and traffic signal services within the prescribed limits of the approved project, shall be further limited as follows:

(a) Where a local agency requires that existing overhead facilities be placed underground, board funds shall be limited to the agency's actual cost thereof. The board considers this type of improvements to be aesthetic in nature as is landscaping, therefore, the cost involved in undergrounding the utility facilities, in excess of the estimated cost to relocate them overhead, will be included within the three percent allowance for landscaping costs.

(b) If utility lines or other service facilities are already underground, board funds may be used in the costs of replacing such facilities on an underground basis.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 479-05-120
Traffic control devices.

Traffic control devices included in a participating project may be installed by the employees and with the equipment and materials of the local governmental units subject to the limits of RCW 35.22.620 (3), 35.23.352 (1), and 36.77.065 (3): Provided, That the basis for payment of board funds is reimbursement of the appropriate portion of actual cost of such work, subject to audit.

[]

Board funds may be used at the appropriate matching ratio in the cost of landscaping and the use of other plantings and supporting materials within the project right of way to a maximum of three percent of the total authorized project costs: Provided, That requests for increases in the authorized amount of board funds to cover landscaping and related costs shall be considered jointly with other cost increases and approval of all such requests shall be limited to the amount authorized by WAC 479-05-250 to be approved by the director. Erosion control treatment shall not be considered a part of landscaping costs.

The three percent limitation for landscaping and related costs shall not affect the agency's authority to include landscaping and the use of other plantings or supporting materials in the project in amounts that exceed the three percent limit provided they are paid for solely with funds other than board supplied funds.

[]

Right of way for board funded projects shall be acquired in accordance with chapter 468-100 WAC.

[]

If an eligible agency has a project funded by transportation improvement board funds that includes the construction of bicycle facilities, the agency shall submit their bikeway plan to the board in map form along with the agency's verification that the plan has been reviewed with, and approved by, the agency's legislative body.

The proposed bicycle facility shall be in accordance with definitions, criteria, and design standards shown in Chapter 1020 of the Washington Department of Transportation Design Manual.

[]

Project costs eligible for reimbursement from the account shall be those proper and allowable costs incurred on a project after the project is authorized by the board except as provided by the following:

Reimbursement of right of way acquisition costs are eligible within the design phase of the project. In the event the project is not built, those funds expended for right of way shall be refunded to the board.

[]

Design and construction engineering costs eligible for reimbursement shall be limited to twenty-five percent of the approved contract bid amount including adjustments for change orders and actual quantity amounts during construction and agency force construction. Exceptions to the twenty-five percent engineering limit may be considered by the board. Agency costs for value engineering and other special studies and right of way appraisals and acquisition costs will not be used to determine the amount subject to the limit.

[]

Direct costs eligible for board participation are those costs which are directly attributable to a specific project and shall include:

(1) Direct labor (engineering and/or construction) including related employee benefits:

(a) Salaries and wages (at actual or average rates) covering productive labor hours of city and county employees (excluding the administrative organization of the operating unit involved) for periods of time, actively or incidentally engaged in (i) predesign engineering, (ii) design engineering, (iii) construction engineering, (iv) acquisition of rights of way, and (v) actual construction activities are considered a direct cost of construction projects. The cost of services rendered by employees generally classified as administrative are considered a direct cost only when such employees are assigned for short periods of time to perform on a full time basis the types of services described above and when similar procedures are followed for nonboard projects.

(b) Employee benefits relating to direct labor are considered a direct cost of construction projects. The following items may be included as employee benefits:

(i) F.I.C.A. (Social Security) - employer's share

(ii) Retirement benefits

(iii) Hospital, health, dental and other welfare insurance

(iv) Life insurance

(v) Industrial and medical insurance

(vi) Vacation

(vii) Holiday

(viii) Sick leave

(ix) Military leave and jury duty

Employee benefits shall be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs shall be based upon the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations.

(2) Contract engineering services

(3) Right of way acquisition costs including:

(a) Purchase of land and easements acquired for and devoted to the project;

(b) Purchase of improvements;

(c) Adjustment or reestablishment of improvements;

(d) Salaries, expenses or fees of appraisers, negotiators or attorneys;

(e) Removal or demolition of improvement;

(f) Other direct costs in connection with the acquisition. Amounts received from the sale of excess real property or improvements and from any rentals shall be a reduction of the direct cost.

(4) Contract construction work, and/or capital equipment acquisition approved by the board.

(5) Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county owned equipment, at the rental rates established by the city's or county's "equipment rental and revolving fund" following the methods prescribed by the division of audit: Provided, That such costs shall be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities which may not use this type of fund shall be allowed the same rates as used by the department of transportation.

(6) Direct materials and supplies. The cost of materials used in projects shall be based upon methods prescribed for the "equipment rental and revolving fund" by the division of audit.

(a) An overhead rate or "loading factor" shall not be considered an appropriate additive to the actual cost of materials and supplies used on construction projects unless the factor is readily and properly supportable by the governmental unit's accounting records.

(b) The cost, or reasonable estimate thereof, of materials paid for as contract estimate items, but not used, shall be considered a reduction of direct costs.

(7) Interdepartmental charges for work performed by county or city departments, other than the road or street department, for the benefit of specific construction projects shall be limited to direct costs plus an allocation of indirect costs based upon 10% of direct labor dollars, excluding employee benefits. Such indirect costs shall be determined by a rate which is readily and properly supportable by the governmental unit's accounting records and shall be the same rate as applied to nonboard projects; however, this rate shall not exceed the indirect cost allocation rate established by the board. If individual units of government do not have such an internal indirect cost allocation rate, the rate predetermined by the board shall be used in determining the amount of indirect costs includable in the total interdepartmental charges.

(8) Other direct costs incurred for materials or services acquired for a specific project shall be eligible for participation by board funds and may include, but shall not be limited to, such items as:

(a) Telephone charges

(b) Reproduction and photogrammetry costs

(c) Computer usage

(d) Printing and advertising.

[]

Indirect costs incurred by a local government for common or joint objectives which include an authorized board funded project, and which are not included in those direct costs set forth and defined in WAC 479-05-190, shall be eligible for board fund participation on a particular project at a rate not to exceed ten percent of direct labor costs.

[]

Participation and payment of board funds to counties and cities shall be governed by the following:

(1) Board participation. Board funds shall not participate in any cost which is not incurred in conformity with all applicable federal and state law and the rules, regulations and procedures as may be prescribed by the board promulgated in conformity with the statutes.

(2) Project acceptance. Projects for which board funds are requested by the eligible agencies and for which the board has allocated funds will be the subject of a project approval process. The agencies participation in this process demonstrates acceptance of the conditions to payment of funds, as prescribed by laws and regulations, and the amount of funds to be obligated.

(3) Changes in project work and cost. No material change in the termini, character, or scope of the work on an approved project shall be made without prior concurrence in such changes by the board.

(4) Payments. Eligible agencies are to submit requests for payment of funds claimed to be due on approved projects. Such requests are to be on forms prescribed by the board. Requests for payment may be submitted from time to time as the work progresses and final requests shall be signed and submitted within six months of contract completion. Payment of TIB funds shall at no time exceed the approved amount of the project costs incurred to the date of the payment request.

(5) Compliance with laws and regulations. If an eligible agency has failed to comply with laws and regulations with respect to a project, payment of funds may be withheld on such projects, or approval of additional projects may be withheld until compliance or remedial action has been accomplished by the eligible agency to the satisfaction of the board.

(6) Costs incurred prior to phase approval shall be considered ineligible.

[]

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 479-05-210
Record requirements.

All eligible agencies requesting payment of board funds on authorized projects shall have procedures in effect that will provide adequate assurance that payments requested are proper and accurate:

(1) Quantities of complete construction contract work shall be supported by all related source documents upon which payment to the contractor is based. These source documents shall include, but shall not be limited to, tickets for items measured on a weight or volume basis, cross section notes, inspector's diaries, engineering calculations for items measured in place, material tests, shipping invoices for steel, and all other field records normally developed by field engineers to support final quantities paid to contractors. The quantity field record should be summarized so that final pay estimates would lend themselves to comparison with supporting records.

(2) All appraisal reports, record of negotiations with grantors including a negotiator's diary indicating dates of contracts, offers made, and final acceptance by grantor, title insurance documents, transfer documents such as warranty deeds, quit claim deeds, easements, contract and sale documents, shall be maintained.

(3) Daily labor time records, equipment use records, requisitions for materials used, invoices for goods and services, and other invoices shall be maintained. Records shall also be maintained which support employee benefit percentages which are used in calculating amounts charged to construction projects.

(4) All records shall be retained until notification from the board that a project audit is complete or is not required.

[]

Projects shall be audited in accordance with the policy adopted by the board. Project records for each project developed through the use of board funds may be audited to determine that funds paid can be attributed to the project and supported by project records. The audit will determine if there has been compliance with the rules of the board. Projects may be audited by the board at the time of the project completion or at such additional times as may be directed by the director.

The director may, where the cumulative amount of audit exceptions is less than five hundred dollars in board funds, advise the agency that no recovery of funds is requested.

Audit exceptions which the director considers to be significant in relation to board rules or significant in amount to warrant potential recovery of funds, shall be furnished to the administering agency to allow an opportunity to respond in writing to the audit report.

After reviewing the written response, the director, shall advise the agency whether any recovery of funds is indicated.

If recovery of board funds is indicated, as determined by the director, or by the board, the agency shall be provided ninety days from the date of the notice from the board to make repayment.

If repayment of funds by the agency is not made within ninety days from the date of the notice from the board, the subject shall be placed before the board for review and action.

[]

Each eligible agency having an approved project shall, when requested by the director, submit an updated schedule of its estimated demand for board funds to the board. This schedule shall be on forms provided by the board and shall include the estimated demand for board funds at least biannually until project completion.

Such estimates shall be differentiated between the design engineering, right of way and construction stages of project development.

Additional information pertaining to estimated demands for board funds by eligible agencies may be requested by the director as required to permit adequate funding of the programs.

[]

The amount of funds approved will be based upon the amount requested in the design prospectus. This amount may be adjusted from the amount shown in the project application with adequate justification. Board fund increases are not approved at predesign phase.

Local agencies may request an increase in funds over the amount set forth in the design phase, at the construction phase, bid opening or contract completion of a project in accordance with the following procedures:

(1) At the construction phase all requests shall be reviewed by the director. The director shall report the findings to the board for its review, consideration and final action. The board shall not grant a request for increase at this phase if:

(a) The requested increase is to pay for an expansion of the scope of the work that is beyond the work required to accomplish the intent of the project as approved at the design phase.

(b) The granting of the request will obligate funding beyond the level acceptable to the board or will in any way adversely affect authorized funds previously approved by the board.

(2) Request for increases at bid opening shall not exceed ten percent of the engineers estimate submitted to the board at the time the construction phase was approved multiplied by the account matching ratio. Requests for increases at this phase will take priority over design and construction phase approvals. Such requests shall be reviewed by the director and will not be approved if:

(a) The requested increase is to pay for an expansion of the authorized scope of the work; or

(b) If the request is not substantiated and the director determines that the increased funds should have been anticipated by the local agency at the construction phase of the project.

(3) Requests for increases in funds submitted to the board at contract completion shall not exceed the account matching ratio multiplied by the sum of ten percent of the original contract amount up to one million dollars and five percent of the amount in excess of one million dollars. Requests for increases at this phase will take priority over design and construction phase approvals. Such requests shall be reviewed by the director and will not be approved if:

(a) The requested increase is to pay for an expansion of the authorized scope of the work; or

(b) If the request is not substantiated and the director determines that the increased funds should have been anticipated by the local agency at the construction approval phase of the project.

(4) If the director or the board, as the case may be, does not approve the request of a local agency for an increase, the administering agency may:

(a) Proceed with the project, paying for any additional costs with local or other funds; or

(b) Withdraw the request for participation; or, if applicable

(c) Within the authorized amount, and subject to approval by the director, reduce the scope of the project while retaining a usable and functional improvement.

[]

The director may contact, in writing, each local agency administering a transportation improvement board-funded project that appears to be delayed when evaluated in relation to the proposed schedule for project development. If the agency does not respond to the inquiry of the director within twenty days explaining whether the project is delayed it shall be placed before the board as a candidate for cancellation as a delayed project.

The written response from the administering agency shall be reviewed to determine if the reason or reasons for the project delay is acceptable. The administrative agency will be advised by certified mail by the director if the delay is for an unacceptable reason. The letter from the director shall advise the local agency that:

(1) The project is delayed for an unacceptable reason;

(2) The local agency has a period of three months from the date of the director's letter to resolve the reason or reasons for delay and to provide evidence to the board that the problems have been resolved. Such evidence shall, if requested by the director, include a time schedule for project development which sets forth project development dates in sufficient detail to permit monthly monitoring of project progress.

(3) If the reason or reasons for delay are not resolved within the specified time period, the project may be placed before the board as a candidate for cancellation.

The administering agency for any project placed before the board as a candidate for cancellation shall be requested to appear before the board to explain the status of the project.

[]

Project development costs incurred by an agency on behalf of an authorized project that is subsequently canceled at the request of the agency, or by the board, shall be eligible for participation by board funds if, in the opinion of the board, the agency has pursued the project's development in good faith with a reasonable expectation of completing the project: Provided, That in all projects where the total project cost exceeds the amount of authorized board funds plus local matching funds, board funds shall be recovered in sufficient amount that the percentage of nonrecovered payments in relation to total project costs to the date of cancellation or withdrawal shall not exceed the percentage determined by dividing the total authorized amount of board funds by the most recently determined total project cost.

All board funds previously paid to an agency on behalf of an authorized project as a result of falsification, negligence, chicanery or deliberate misrepresentation on the part of the agency, in the opinion of the board, shall be repaid to the appropriate account, or a repayment agreement that is acceptable to the board shall be executed between the local agency and the board, within 90 days following cancellation of the specified project by request of the agency or by the board.

[]

When requested by the director, by certified mail, each project authorized for financial assistance from the local agency shall review their project to identify probable reductions in project cost in relation to the previously authorized amount of funds. The agency shall review the project to:

(1) Close the project by submitting a final request for payment and summary cost documents if all work has been completed; or

(2) Advise the board of total costs to date, remaining costs necessary to complete the project, and the amount of estimated surplus funds, if any, on the project.

Each response shall be reviewed by the director to determine whether the explanations appear reasonable and whether the agency appears to be pursuing the completion of the project at a reasonable rate. Any project where the administering agency does not appear to be pursuing the project to completion at a reasonable rate, or fails to submit a final request for payment within six months from the date that all work appears to be complete, shall be referred by the director to the board for appropriate action.

Each agency administering a project that is not considered to be developing to completion at a reasonable rate, or fails to submit a final request for payment within six months when all physical work appears to be completed, shall be notified by the director by certified mail that the project is being scheduled for a hearing before the board at a specified time and place. The agency shall be requested to provide suitable representation to such board meeting to explain the status of the authorized project, the reasons why the project has not been completed and finaled out, the amount of board funds estimated to be required to complete the project, and the resulting surplus in relation to previously authorized board funds.

[]

If it is determined by the transportation improvement board that the funding in any of the accounts will be insufficient to meet the obligations identified for the selected projects, the transportation improvement board shall have discretion as to the remedial action it will take.

[]

The transportation improvement board shall select projects based on its estimate of revenues and expenditures. The transportation improvement board may utilize the principle of over-programming when selecting projects, the degree of such over-programming to be at the discretion of the transportation improvement board for each account and application period.

[]

SUBMISSION OF PROPOSED URBAN ARTERIAL TRUST ACCOUNT PROJECTS TO TRANSPORTATION IMPROVEMENT BOARD
AMENDATORY SECTION(Amending WSR 95-04-005 [95-04-072], filed 1/30/95, effective 3/2/95)

WAC 479-12-005
Purpose and authority.

RCW 47.26.160 provides that the transportation improvement board shall adopt reasonable rules necessary to implement the urban arterial trust account. ((program.  The intent of the urban arterial trust account program is to improve mobility and safety while supporting an environment essential to the quality of life of the citizens of Washington state)).

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-12-005, filed 1/30/95, effective 3/2/95.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 96-04-015, filed 1/29/96, effective 2/29/96)

WAC 479-12-008
Definitions.

For purposes of implementing the requirements of RCW 47.26.185 relative to the urban arterial trust account, the following definitions shall apply:

(1) UATA - this is the abbreviation for the urban arterial trust account.

(2) AIP - Arterial improvement program.

(3) SCP - Small city program.

(4) CHAP - City hardship assistance program.

(5) PSMP - Pedestrian safety and mobility program.

[Statutory Authority: RCW 4.26.086, 47.26.080 and 82.44.180.  96-04-015, § 479-12-008, filed 1/29/96, effective 2/29/96.  Statutory Authority: 1995 c 269 § 2601.  95-22-056, § 479-12-008, filed 10/30/95, effective 11/30/95.  Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-12-008, filed 1/30/95, effective 3/2/95.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-12-010
((Data to be submitted on proposed projects)). Programs funded from the urban arterial trust account.

((When requested by the board, applications for proposed projects shall be submitted to the board by eligible cities and counties seeking allocation of funds.  The application form will be provided by the board)) Funds from the urban arterial trust account shall fund the arterial improvement program, the small city program, the city hardship assistance programs, and the pedestrian safety and mobility program.

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-12-010, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-12-010, filed 5/10/90, effective 6/10/90; Order 458, § 479-12-010, filed 9/16/77; Order 290, § 479-12-010, filed 7/23/73; Order 170, § 479-12-010, filed 3/19/71; Order 63, § 479-12-010, filed 9/10/68; Resolution No. 14, filed 10/11/67.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 479-12-100
Intent of the arterial improvement program.

The intent of the arterial improvement program is to improve mobility and safety while supporting an environment essential to the quality of life of the citizens of Washington state. Eligible agencies are counties with urban areas, cities and towns within an urban area, and cities with a population of five thousand or greater.

[]

The agencies transportation improvement board shall evaluate their the proposed urban arterial trust account arterial improvement projects by utilizing the following criteria to prioritize projects.

(1) Safety, improvements to reduce accidents;

(2) Mobility, improvements to increase mobility;

(3) Structural condition of the roadway, improvements to the roadway surface;

(4) Roadway widths, improvements to widen substandard lanes and shoulders and adding sidewalks;

(5) Multimodal, improvements for a variety of transportation modes such as transit, bicycle, trucks, etc;

(6) Project cost, improvements with lower cost in relationship to traffic and length;

(7) Other, consideration given to agencies that show initiative to improve their local transportation system in various ways.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 479-12-120
Establishing regions for arterial improvement program.

For the purpose of apportioning arterial improvement program funds, the counties of the state are grouped within five regions of the state as follows:

(1) Northeast region shall include eligible agencies within the counties of Adams, Chelan, Douglas, Ferry, Grant, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman.

(2) Southeast region shall include eligible agencies within the counties of Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Klickitat, Walla Walla, and Yakima.

(3) Puget Sound region shall include eligible agencies within the counties of King, Pierce, and Snohomish.

(4) Northwest region shall include eligible agencies within the counties of Clallam, Island, Jefferson, Kitsap, San Juan, Skagit, and Whatcom.

(5) Southwest shall include eligible agencies within the counties of Clark, Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Skamania, Thurston, and Wahkiakum.

[]

Beginning 1995, every four years, the board shall determine the distribution formula to apportion unobligated arterial trust account funds to each urban region. The distribution formula shall be defined in the following manner:

(1) One-third of the ratio shall be the population the urban areas of each region bears to the total population of all urban areas of the state as last determined by the office of financial management;

(2) One-third of the ratio shall be the vehicle to mile ratio traveled on the classified arterial system within the urban areas of each region, compared to the total vehicle to mile ratio traveled on all classified urban arterial systems;

(3) One-third of the ratio shall be an actual or historical indicator of needs within the region as determined by the Board.

The distribution of funds within each region shall be administered so as to permit complete arterial improvement program projects in each arterial classification to be authorized and funded.

[]

Eligible projects are:

(1) Improvements on federally classified arterials,

(a) Improvement involving state highway and transit when they are part of a joint project with eligible agencies,

(b) Within the Urban Growth Area in counties which are in full compliance with Washington State's Growth Management Act,

(c) Within the Federal Aid Urban Boundary for those counties that are in the process, but have not formally adopted Urban Growth Areas, or

(d) Projects which have definite urban characteristics as defined by local comprehensive plans.

[]

Urban arterial trust account funds for local agency arterial projects shall be matched in accordance with the following scheduled percentage of the total project cost.

City with a population less than 10,000 or a county with a population less than 70,000 - 10% match

City with a population from 10,000 to 14,999 or county with a population from 70,000 to 210,000 - 15% match

City with a population from 15,000 and up or a county with a population over 210,000 - 20% match.

[]

The intent of the small city program is to preserve and improve the roadway system in a manner that is consistent with local needs. An eligible agency is a city or town that has a population less than 5,000.

[]

The board will use the following criteria to prioritize proposed small city account projects:

(1) Structural ability to carry loads (pavement condition);

(2) Roadway width;

(3) Safety; and

(4) Other factors: Criteria deemed appropriate by the board on a case-by-case basis.

[]

For the purpose of apportioning urban arterial trust account funds to the small city program, the counties of the state are grouped within three regions as follows:

(1) East region shall include eligible agencies within the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima.

(2) Puget Sound region shall include eligible agencies within the counties of King, Pierce, and Snohomish.

(3) West region shall include eligible agencies within the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom.

[]

Of the funds obligated to the small city program, the amount apportioned to projects in a region will be within plus or minus five percent of the ratio which the population of cities under five thousand in a region bears to the state-wide population for cities under five thousand as last determined by the office of financial management.

[]

Incorporated areas outside federal designated urban areas shall be required to identify their streets as either arterials or local access. An arterial shall be defined by at least one of the following standards:

(1) Serves as the logical extension of a county arterial into the corporate boundary; or

(2) Serves as a route connecting local (traffic) generators such as schools, medical facilities, social centers, recreational areas, commercial centers, or industrial sites within the corporate boundary; or

(3) Acts as a bypass or truck route to relieve the central core area.

Streets failing to qualify under these standards for arterials are not eligible for small city account funds.

[]

There will be no local agency matching requirements for cities with a population of five hundred or less. Those agencies with a population over five hundred must provide a minimum local match of five percent.

[]

An increase in the amount of small city program funds for a project may be requested in accordance with the provisions of WAC 479-05-250, except, where in the board's judgment at project completion, ten percent of unexpected project costs would create an undue financial burden on the agency, the board may elect to fund all or a portion of the unexpected cost.

[]

RCW 47.26.164, provides that the transportation improvement board shall adopt reasonable rules necessary to implement the city hardship assistance program as recommended by the road jurisdiction study. An eligible project is an improvement on a section of roadway that meets the requirements of RCW 47.26.164 and the requirements specified in this chapter. A listing of the roadways eligible for city hardship assistance program funding is included in WAC 479-12-440.

[]

The board will use the following criteria to prioritize proposed city hardship assistance program projects:

(1) Structural ability to carry loads (pavement condition),

(2) Deterioration rate for the roadway,

(3) Safety, and

(4) Other factors:

(a) Relationship to other local agency projects,

(b) Extent of previous participation in the program, and

(c) Other criteria deemed appropriate by the board on a case-by-case basis.

[]

Agencies eligible for city hardship assistance program funds are::

(1) Only those cities with a net gain in cost responsibility due to jurisdictional transfers in RCW 47.26.164, which have a population of fifteen thousand or less may participate;

(2) The board is authorized to allocate funds from the city hardship assistance program to cities with a population under twenty thousand to offset extraordinary costs associated with the transfer of roadways other than pursuant to RCW 47.26.164, that occur after January 1, 1991.

The following cities or towns are eligible for city hardship assistance program funding: Clarkston, Old SR 128, 0.13 Miles, SR 12 to Poplar Street; Kelso, Old SR 431, 0.90 Miles, SR 5 to Cowlitz Way; Kelso, Old I-5, 1.20 Miles, north end of Coweeman River Bridge to 2,480 feet south of Haussler Road and those sections of Kelso Drive, Minor Road, Grade Street and Kelso Avenue referred to in the memorandum of understanding for this turnback, approximately 2.7 miles; Leavenworth, Old SR 209, 0.11 Miles, SR 2 to 260 feet north of Fir Street; Milton, Old SR 514, 2.46 Miles, Junction SR 99 to 50 feet west of SR 161; Napavine, Old SR 603, 0.79 Miles, 810 feet southwest of Lincoln Street to 8th Avenue West; Pomeroy, Old SR 128, 0.72 Miles, SR 12 to 2,690 feet south of Arlington Avenue; Skykomish, Old SR 2 Spur, 0.16 Miles, SR 2 to Railroad Avenue; Stanwood, Old SR 530, 1.59 Miles, 790 feet north of 86th Drive NW to 740 feet northwest of 72nd Avenue NW; Toledo, Old SR 505, 0.12 Miles, Fifth Street to 210 feet northwest of Sixth Street; Toppenish, Old SR 220, 0.27 Miles, Junction SR 22 to 630 feet east of Linden Road; Vader, Old SR 411, 0.25 Miles, 520 feet south of SR 506 to 1,840 feet south of SR 506; Washougal, Old SR 140, 0.70 Miles, SR 14 to west end of Washougal River Bridge; Winlock, Old SR 603, 0.61 Miles, Walnut Street to 160 feet south of Olequa Creek Bridge; and other cities under 20,000 population could become eligible for turnbacks approved after January 1, 1991.

[]

There will be no local agency matching requirements for city hardship assistance program funded projects.

[]

Unless otherwise approved by the board, city hardship assistance program funding shall be limited to the direct and attributable indirect costs associated with rehabilitation activities on the eligible project. City hardship assistance program funds can not be used for landscaping. City hardship assistance program funds will not participate in the cost involved with adding lanes or turn lanes.

[]

City hardship assistance program funds may be used to fund rehabilitation work associated with the widening of the section of roadway but participation will be limited to the minimum standard or existing lane and shoulder widths. City hardship assistance program funds will be considered local agency funds if they are used in other board funded projects.

[]

The intent of this program is to enhance and promote pedestrian safety and mobility as a viable transportation choice by providing funding for pedestrian projects that provide access and address system continuity and connectivity of pedestrian facilities.

[]

The board will use the following criteria to prioritize proposed urban pedestrian safety and mobility projects:

(1) Pedestrian safety,

(2) Pedestrian movements,

(3) Pedestrian convenience,

(4) Neighborhood impact, and

(5) Project cost.

The board will use the following criteria to prioritize proposed small city pedestrian safety and mobility projects:

(1) Pedestrian safety,

(2) Pedestrian movements,

(3) Economic development, and

(4) Funding partners.

[]

For the purpose of apportioning urban arterial trust account funds to the pedestrian safety and mobility program, the counties of the state are grouped within three regions as follows:

(1) East region shall include eligible agencies within the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima.

(2) Puget Sound region shall include eligible agencies within the counties of King, Pierce, and Snohomish.

(3) West region shall include eligible agencies within the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom.

[]

Of the funds obligated to pedestrian safety and mobility projects within urban areas, forty percent will be allocated to projects on a state-wide basis and then, at least fifteen percent will be allocated to projects in the East region, at least fifteen percent to projects in the West region, and approximately thirty percent to projects in the Puget Sound region.

Of the funds obligated to pedestrian safety and mobility projects within small cities, the amount apportioned to projects in a region will be within plus or minus five percent of the ratio which the population of cities under five thousand in a region bears to the state-wide population for cities under five thousand as last determined by the office of financial management.

[]

Minimum project requirements are:

(1) An urban pedestrian safety and mobility project must be on a pedestrian route with linkages to a functionally classified route. Small city pedestrian safety and mobility projects must be on or related to a street on the board approved arterial system.

(2) Primary purpose of the project is transportation.

(3) Urban agency matching funds cannot be less than twenty-percent.

(4) For small city pedestrian safety and mobility project there will be no local agency matching requirements for cities with a population of five hundred or less. For those agencies with a population over five hundred, but less than five thousand, there will be a minimum local match requirement of five-percent.

(5) This program will not participate in the cost of right-of-way acquisition.

(6) Maximum board participation for a project is specified by the board.

(7) No increases are given on urban projects, and

(8) All projects must be completed within two years of board selection.

[]

The following section of the Washington Administrative Code have been repealed:

479-12-020

Time and place for submission of proposed urban arterial trust account projects.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.Chapter 479-13 WAC

SUBMISSION OF SIX-YEAR PLANS TO TRANSPORTATION IMPROVEMENT BOARD
REPEALER

The following sections of the Washington State Administrative Code are repealed:

479-13-010	Six-year transportation programs for urban areas.
479-13-011	Priority criteria for urban arterial trust account projects.
479-13-025	Six-year financial plan.
479-13-035	Value engineering study requirements.
479-13-070	Procedures for project approval.

Chapter 479-14 WAC

SUBMISSION OF PROPOSED TRANSPORTATION IMPROVEMENT ACCOUNT PROJECTS TO TRANSPORTATION IMPROVEMENT BOARD
NEW SECTION
WAC 479-14-005
Purpose and authority.

RCW 47.26.084 and 47.26.086 provides that the transportation improvement board shall adopt reasonable rules necessary to implement the transportation improvement account.

[]

For purposes of implementing the requirements of RCW 47.26.185 relative to the transportation improvement account, the following definitions shall apply:

(1) TIA - Transportation Improvement Account.

(2) TPP - Transportation Partnership Program

[]

Funds from the transportation improvement account shall fund the transportation partnership program.

[]

The intent of the program is to improve mobility of people and goods in Washington state by supporting economic development and environmentally responsive solutions to our state-wide transportation system needs. Eligible agencies are counties that have an urban area, all cities with a population of five thousand or more, and transportation benefit districts.

[]

The following criteria shall be utilized by the transportation improvement board to prioritize projects:

(1) The percentage of agency(ies) and private matching funds.

(2) Multimodal solutions for projects including but not limited to transit, high occupancy vehicle (HOV) lanes, ferry, high capacity transit/rail, or intermodal facility.

(3) Economic development is encouraged.

(4) Multiagency involvement in projects.

(5) Mobility enhancement by betterment of service level.

(6) Improvements necessitated by existing or foreseeable congestion or safety problems due to economic development or growth.

(7) Other considerations demonstrating improvement of the local transportation system such as traffic demand management or local transportation funding.

[]

For the purpose of apportioning TIA funds to the transportation partnership program, the counties of the state are grouped within three regions of the state as follows:

(1) East region shall include eligible agencies within the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima.

(2) Puget Sound region shall include eligible agencies within the counties of King, Pierce, and Snohomish.

(3) West region shall include eligible agencies within the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom.

[]

Of the funds in the program, forty percent will be allocated to projects on a state-wide basis and then, at least fifteen percent will be allocated to projects in the East region, at least fifteen percent to projects in the West region, and approximately thirty percent to projects in the Puget Sound region.

[]

Eligible projects are:

(1) Improvements on federally classified arterials,

(a) Improvement involving state highway and transit when they are part of a joint project with eligible agencies,

(b) Within the Urban Growth Area in counties which are in full compliance with Washington State's Growth Management Act,

(c) Within the Federal Aid Urban Boundary for those counties that are in the process, but have not formally adopted Urban Growth Areas, or

(d) Projects which have definite urban characteristics as defined by local comprehensive plans.

[]

The agencies involved in a multi-agency transportation partnership program project shall designate one agency as the lead agency. The lead agency must be a city, county, or transportation benefit district.

[]

All applications for transportation partnership program funding shall be consistent with the regional transportation plan. In areas of the state where there is no regional transportation planning authority, a letter of verification shall be signed by the chair of the lead agency legislative authority.

[]

The board requires joint planning for all transportation partnership program funded multi-agency projects. The lead agency shall submit documentation to the board stating that the approving authority of each agency involved in the project has indicated support for the project. In the case of projects that stop at or near a corporate boundary or could affect other transportation agencies facilities or programs, a copy of a letter requesting review by other affected agencies shall accompany the project application.

[]

Transportation partnership program funds for urban program projects authorized by the board shall be matched by an amount not less than twenty percent of the total cost of the transportation project. Matching funds will be considered to be all contributions other than those provided by the board.

[]

Within one year after board approval of a prospectus for funding and before any transportation partnership program funds are committed to the project, each agency with an interest in the transportation partnership program project shall provide written certification to the board of the pledged percentage of local and/or private funding. Funds allocated to an applicant that does not certify funding within one year after approval may be reallocated by the board.

[]

SUBMISSION OF PROPOSED PUBLIC TRANSPORTATION SYSTEMS ACCOUNT PROJECTS TO TRANSPORTATION IMPROVEMENT BOARD
NEW SECTION
WAC 479-15-005
Purpose and authority.

RCW 47.66.010 provides that the transportation improvement board shall adopt reasonable rules necessary to implement the public transportation systems account.

[]

For purposes of implementing the requirements of RCW 47.66.010 relative to the public transportation systems account, the following definitions shall apply:

(1) PTSA - Public Transportation Systems Account.

(2) PTSP - Public Transportation Systems Program.

[]

Funds from the public transportation systems account shall fund the public transportation systems program.

[]

The intent of the program is to ensure that viable multimodal programs are available throughout Washington State. All public transit agencies are eligible to apply for public transportation systems program funds.

[]

The following criteria shall be utilized by the transportation improvement board to prioritize projects:

(1) Multimodal solutions,

(2) Mobility enhancements,

(3) Customer satisfaction/safety/security,

(4) Financial,

(5) Economic development,

(6) Environmental responsive solutions, and

(7) Innovative solutions.

[]

For the purpose of apportioning Public Transportation Systems funds to the public transportation systems program, the counties of the state are grouped within two regions of the state as follows:

The Central Puget Sound region shall include eligible agencies within the counties of King, Kitsap, Pierce, and Snohomish.

The remaining region shall include eligible agencies within the counties of Adams, Asotin, Benton, Chelan, Clallam, Clark, Columbia, Cowlitz, Douglas, Ferry, Franklin, Garfield, Grant, Grays Harbor, Island, Jefferson, Kittitas, Klickitat, Lewis, Lincoln, Mason, Okanogan, Pacific, Pend Oreille, San Juan, Skagit, Skamania, Spokane, Stevens, Thurston, Walla Walla, Wahkiakum, Whatcom, Whitman, and Yakima,

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 479-15-130
Apportionment of funds to public transportation systems program regions.

Of the funds obligated to the Public Transportation Systems program, the amount apportioned to projects in a region will be based on the revenue provided by RCW 82.44.150.

[]

Projects eligible for funding from the public transportation systems program shall be limited to public transportation projects for:

(1) Planning,

(2) Development of capital projects,

(3) Development of high capacity transportation systems as defined in RCW 81.104.015,

(4) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020,

(5) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board, and

(6) Commute Trip Reduction tax credits.

[]

REQUIREMENTS FOR URBAN ARTERIAL PROJECT DEVELOPMENT
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-16-010	Methods of construction.
479-16-015	Registered engineer in charge.
479-16-016	Certification of completed work.
479-16-020	Standard specifications.
479-16-030	Utility and railroad adjustment and relocations.
479-16-035	Undergrounding utilities.
479-16-040	Traffic control devices.
479-16-045	Project plantings.
479-16-050	Acquisition of rights of way.
479-16-060	Design standards for transportation improvement board projects.
479-16-080	Apportionment of urban arterial trust account fund to regions.
479-16-085	Funding for pedestrian facilities.
479-16-098	Inclusion of bicycle facilities in transportation improvement board projects.

Chapter 479-17 WAC

STATEWIDE COMPETITIVE AND ENHANCEMENT PROGRAMS
NEW SECTION
WAC 479-17-100
Transportation Equity Act for the 21st Century or its successor acts, surface transportation program, state-wide competitive program account--Eligibility.

(1) Eligibility to apply shall be limited to public agencies.

(2) Programs and projects eligible for funding shall be limited to the following purposes:

(a) Planning;

(b) Preliminary engineering;

(c) Right of way acquisition;

(d) Construction; and

(e) Capital equipment acquisition.

(3) Projects eligible for funding under the account shall be limited to applications that directly benefit Washington state.

(4) All Projects must be regionally significant.

[]

(1) Projects selected for funding from the state-wide competitive program account shall be consistent with the following criteria without regard to geographic distribution:

(a) Local, regional, and state transportation plans;

(b) Local transit development plans; and

(c) Local comprehensive land use plans.

(2) The following criteria shall be considered:

(a) Objectives of the Growth Management Act, the High Capacity Transportation Act, the Commute Trip Reduction Act, transportation demand management programs, federal and state air quality requirements, and federal Americans with Disabilities Act and related state accessibility requirements; and

(b) Energy efficiency issues, freight and goods movement, economic development, rural isolation, fish passage, flood mitigation, the leveraging of other funds including funds administered by the transportation improvement board, and safety and security issues.

(3) In addition to the criteria identified in subsections (1) and (2) of this section, the transportation improvement board may choose to identify additional criteria for program and project selection for the state-wide competitive program. Such criteria shall be subject to public meetings as required by federal law, and shall be identified in the application guidelines.

(4) The transportation improvement board shall prepare application forms and guidelines to assist eligible applicants and ensure their distribution to all eligible applicants no later than thirty days prior to the date on which the applications must be submitted.

(5) The Transportation Improvement Board shall select projects for the statewide competitive program and forward the recommended list to the legislature, Governor's Office, and Washington state department of transportation by February 1st of each year.

[]

(1) Eligibility to apply shall be limited to public agencies.

(2) Programs and projects eligible for funding shall be limited to the following purposes:

(a) Provision of bicycle and pedestrian facilities;

(b) Acquisition of scenic easement;

(c) Scenic or historic highway programs (including tourist and welcome center facilities);

(d) Landscaping and other scenic beautification;

(e) Historic preservation;

(f) Rehabilitation and operation of historic transportation buildings, structures or facilities;

(g) Preservation of abandoned railway corridors;

(h) Control and removal of outdoor advertising;

(i) Archaeological planning and research;

(j) Mitigation of water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;

(k) Establishment of transportation museums.

(3) Projects eligible for funding under the account shall be limited to applications that directly benefit Washington State.

[]

(1) Projects selected for funding from the enhancement program account shall be consistent with the following criteria:

(a) Local, regional and state transportation plans;

(b) Local comprehensive land use plans.

(2) The following procedure shall be considered:

(a) Project applications shall be reviewed and regionally prioritized by the regional transportation planning organizations or metropolitan planning organizations and shall be forwarded to the transportation improvement board for selection.

(b) The Washington state department of transportation shall prepare application forms and guidelines to assist eligible applicants and ensure their distribution to all eligible applicants no later than thirty days prior to the date on which the applications must be submitted.

(c) The transportation improvement board shall establish priorities to fund regionally significant projects by allocating 25% of the funds to projects on a statewide basis and the remaining funds based on population distribution to the regional transportation planning organizations or metropolitan planning organizations.

(d) The transportation improvement board shall select projects for the enhancement program and forward the recommended list to the legislature, governor's office and Washington state department of transportation by February 1st of each year.

[]

FINANCIAL AND PAYMENT REQUIREMENTS
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-20-007	Matching ratios for urban arterial trust account funds.
479-20-010	Reimbursable costs.
479-20-011	Reimbursable costs for engineering.
479-20-013	Direct costs.
479-20-016	Indirect costs.
479-20-020	Partial or progress payments for project costs.
479-20-025	Record requirements.
479-20-027	Audits of urban arterial project records.
479-20-031	Expenditure schedule of urban arterial trust account funds.
479-20-037	Procedure to request increase in board funds.
479-20-086	Review of delayed projects.
479-20-089	Recovery of urban arterial trust funds on canceled projects.
479-20-095	Identification and consideration of surplus funds on authorized urban arterial trust account projects.

Chapter 479-112 WAC

SUBMISSION OF PROPOSED TRANSPORTATION IMPROVEMENT ACCOUNT (TIA) PROJECTS TO TRANSPORTATION IMPROVEMENT BOARD
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-112-001	Purpose and authority.
479-112-003	Transportation improvement account program intent.
479-112-0055	Definitions.
479-112-007	Designation of lead agency for transportation improvement account projects.
479-112-008	Verification of coordination with planning authority for transportation improvement account projects.
479-112-009	Planning requirements for multiagency transportation improvement account projects.
479-112-010	Application for transportation improvement account projects.
479-112-017	Local/private matching funds on transportation improvement account projects.
479-112-018	Certification of local/private matching funds for transportation improvement account projects.
479-112-020	Time and place for submission of proposed TIA projects.

Chapter 479-310 WAC

CITY HARDSHIP ASSISTANCE PROGRAM RULES AND REGULATIONS
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-310-010	Purpose and authority.
479-310-050	Adoption of rules.
479-310-100	Funds for the city hardship assistance program.
479-310-150	Definitions.
479-310-200	Administration costs.

Chapter 479-312 WAC

SUBMISSION OF CITY HARDSHIP ASSISTANCE PROGRAM PROJECTS
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-312-010	Eligible agencies and streets.
479-312-050	Population requirement for eligible agencies.
479-312-100	Data to be submitted for CHAP project application.
479-312-150	Six-year transportation plan requirements.
479-312-200	Other applicable federal, state and local regulations.
479-312-250	Process and selection criteria for priority array.
479-312-300	Matching requirements for city hardship assistance program projects.

Chapter 479-316 WAC

ALLOWABLE ACTIVITIES FOR CHAP PROJECTS
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-316-010	Allowable activities.
479-316-050	Minimum roadway widths.
479-316-100	Participation with other funds.
479-316-200	Record requirements.
479-316-250	Audits of CHAP projects.
479-316-300	Project plantings on CHAP projects.

Chapter 479-320 WAC

FINANCIAL AND PAYMENT REQUIREMENTS FOR CITY HARDSHIP ASSISTANCE PROGRAM PROJECTS
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-320-050	Eligible project costs.
479-320-100	Eligible costs for engineering.
479-320-150	Procedure for requesting an increase in authorized amount of city hardship assistance program funds.
479-320-200	Partial or progress payments for city hardship assistance program costs.

Chapter 479-410 WAC

SMALL CITY ACCOUNT PROGRAM RULES AND REGULATIONS
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-410-010	Purpose and authority.
479-410-020	Small city account program intent.
479-410-100	Funds for the small city account program.
479-410-150	Definitions.
479-410-160	Classification standards for arterials in small cities.
479-410-170	Establishing regions for small city account program.
479-410-180	Allocation of small city account funds to regions.
479-410-200	Administration costs.

Chapter 479-412 WAC

SUBMISSION OF SMALL CITY ACCOUNT PROJECTS
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-412-020	Time and place for submission of proposed small city account projects.
479-412-100	Application for small city account projects.
479-412-150	Six-year transportation plan requirements for small city account projects.
479-412-200	Other applicable federal, state and local regulations.
479-412-250	Priority criteria for small city account projects.
479-412-300	Matching requirements for small city account projects.
479-412-310	Order of construction funding of small city account projects.

Chapter 479-416

WAC REQUIREMENTS FOR SMALL CITY PROJECT DEVELOPMENT
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-416-010	Methods of construction for small city account projects.
479-416-015	Registered engineer in charge for small city account projects.
479-416-016	Certification of completed work for small city account projects.
479-416-018	Design standards for small city account program projects.
479-416-020	Standard specifications for small city account projects.
479-416-030	Utility and railroad adjustments and relocations for small city account projects.
479-416-035	Undergrounding utilities on small city account projects.
479-416-040	Traffic control devices on small city account projects.
479-416-045	Project plantings on small city account projects.
479-416-050	Acquisition of right of way for small city account program projects.

Chapter 479-420 WAC

FINANCIAL AND PAYMENT REQUIREMENTS FOR SMALL CITY ACCOUNT PROJECTS
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-420-010	Eligible project costs for small city account projects.
479-420-011	Eligible costs for engineering for small city account projects.
479-420-013	Direct costs for small city account projects.
479-420-016	Indirect costs for small city account projects.
479-420-020	Partial or progress payments for small city account project costs.
479-420-025	Record requirements for small city account projects.
479-420-027	Audits of small city account project records.
479-420-031	Expenditure schedule of small city account funds.
479-420-037	Procedure for requesting an increase in authorized amount of transportation improvement account funds.
479-420-086	Review of delayed projects for the small city account program.
479-420-089	Recovery of small city account funds on canceled projects.
479-420-095	Identification and consideration of surplus funds on authorized small city account projects.

Chapter 479-510 WAC

CENTRAL PUGET SOUND PUBLIC TRANSPORTATION ACCOUNT, PUBLIC TRANSPORTATION SYSTEMS ACCOUNT, AND SURFACE TRANSPORTATION PROGRAMS
REPEALER

     The following sections of the Washington Administrative Code are repealed:

479-510-060	Application guidelines.
479-510-076	Funding shortfall.
479-510-080	Over-programming of funds.
479-510-110	Central Puget Sound public transportation account--Eligibility.
479-510-120	Central Puget Sound public transportation account--Criteria.
479-510-210	Public transportation systems account--Eligibility.
479-510-220	Public transportation systems account--Criteria.
479-510-410	Intermodal Surface Transportation Efficiency Act, surface transportation program, state-wide competitive program account--Eligibility.
479-510-420	Intermodal Surface Transportation Efficiency Act, surface transportation program, state-wide competitive program account--Criteria.
479-510-500	Financial and payment requirements.

© Washington State Code Reviser's Office