Title 479 WAC — Transportation Improvement Board

title-479Title 479 WACRegulation

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Chapter 479-01 Description of organization.

Wash. Admin. Code § 479-01-010 Organization of the transportation improvement board.

The transportation improvement board is a twenty-one member board, organized under the provisions of RCW 47.26.121. The board administers the transportation improvement account and the small city pavement and sidewalk account.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-01-010, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-01-010, filed 8/30/07, effective 9/30/07
  • WSR 03-16-077, § 479-01-010, filed 8/4/03, effective 9/4/03. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-01-010, filed 11/23/99, effective 12/24/99. Statutory Authority: 1995 c 269 § 2601. WSR 95-22-056, § 479-01-010, filed 10/30/95, effective 11/30/95. Statutory Authority: Chapter 47.26 RCW. WSR 95-04-072, § 479-01-010, filed 1/30/95, effective 3/2/95
  • WSR 90-11-035, § 479-01-010, filed 5/10/90, effective 6/10/90
  • WSR 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.
Wash. Admin. Code § 479-01-020 The time and place of board meetings.

Regular public meetings of the board are held at least quarterly or more frequently as decided by a majority vote of the board. Regular meetings are held on the fourth Friday of the month, unless the week of the fourth Friday includes a holiday, wherein the board will determine the date of the meeting. Each regular meeting is held at the time and place as designated by the board. The meeting schedule, for the following calendar year, will be approved at least three months before the beginning of the year.

A special meeting of the board may be called by the chairperson or by a majority of the members of the board. A written notice to all other board members is required at least twenty-four hours before the time of the meeting. The notice calling a special meeting will include:

• The purpose for the meeting;

• The date;

• The time;

• The place;

All provisions of RCW 47.26.150 transportation improvement board meetings, and chapter 42.30 RCW otherwise known as the Open Public Meetings Act will apply.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-01-020, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-01-020, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. WSR 95-04-072, § 479-01-020, filed 1/30/95, effective 3/2/95
  • WSR 92-12-014, § 479-01-020, filed 5/26/92, effective 6/26/92
  • WSR 90-11-035, § 479-01-020, filed 5/10/90, effective 6/10/90
  • WSR 83-22-021 (Order 83-01, Resolution Nos. 770, 771 and 772), § 479-01-020, filed 10/26/83
  • Order 279, § 479-01-020, filed 4/17/73
  • Order 31 (part), § 479-01-020, filed 11/8/67.
Wash. Admin. Code § 479-01-030 The address of the board.

The official mailing address of the board is:

Transportation Improvement Board

Post Office Box 40901

Olympia, Washington 98504-0901.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-01-030, filed 8/30/07, effective 9/30/07
  • WSR 95-04-072, § 479-01-030, filed 1/30/95, effective 3/2/95
  • WSR 90-11-035, § 479-01-030, filed 5/10/90, effective 6/10/90
  • WSR 83-22-021 (Order 83-01, Resolution Nos. 770, 771 and 772), § 479-01-030, filed 10/26/83
  • Order 281, § 479-01-030, filed 5/21/73
  • Order 31 (part), § 479-01-030, filed 11/8/67.
Wash. Admin. Code § 479-01-040 Definitions and acronyms.

The following definitions and acronyms apply:

(1) TIB - The transportation improvement board.

(2) Board - The transportation improvement board refers to the group of board members defined in RCW 47.26.121 and does not include the executive director or staff.

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

(4) Staff - Refers to the employees of the transportation improvement board excluding the executive director.

(5) Agency - All cities, towns, counties, and transportation benefit districts eligible to receive board funding.

(6) Local agency official - Refers to a local agency elected official or staff who is authorized to sign contracts on the city, town, county, or transportation benefit district's behalf.

(7) Urban area - Refers to the portion of a county within the federal urban area boundary as designated by the Federal Highway Administration and/or Washington state's Growth Management Act.

(8) Six-year transportation plan - Refers to the city or county six-year transportation plan for coordinated transportation program expenditures per RCW 35.77.010 and 36.81.121.

(9) Small city - Refers to an incorporated city or town with a population of less than 5,000.

(10) Active transportation program - Refers to both the urban and small city active transportation programs.

(11) Population - Is defined as office of financial management official published population at the time of application.

(12) Highway urban area population - As published by the office of financial management.

(13) Scope change - Refers to a change in the physical characteristics and/or dimensions of a project.

(14) CHAP - City Hardship Assistance Program.

(15) TIA - Transportation improvement account.

(16) Matching funds - All funds contributed to a project other than TIB funds.

(17) Construction ready - Is defined as a project that has design, plans specifications and estimates, right of way, permits, and all sources of match funding to enable advertisement for bids.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 22-07-023, § 479-01-040, filed 3/9/22, effective 4/9/22
  • WSR 12-08-060, § 479-01-040, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-01-040, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-01-040, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. WSR 95-04-072, § 479-01-040, filed 1/30/95, effective 3/2/95
  • WSR 90-11-035, § 479-01-040, filed 5/10/90, effective 6/10/90.
Wash. Admin. Code § 479-01-050 Administrative costs.

The costs for board activities, staff services, and facilities will be paid out of the transportation improvement account as determined by the biennial appropriation.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-01-050, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-01-050, filed 8/30/07, effective 9/30/07
  • WSR 03-16-077, § 479-01-050, filed 8/4/03, effective 9/4/03. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-01-050, filed 11/23/99, effective 12/24/99. Statutory Authority: 1995 c 269 § 2601. WSR 95-22-056, § 479-01-050, filed 10/30/95, effective 11/30/95.
Wash. Admin. Code § 479-01-060 Executive director—Powers and duties.

The board appoints an executive director who will serve at its pleasure to carry out the board priorities and the mission of the agency including the following administrative duties:

(1) The executive director will direct and supervise all day-to-day activities of the staff.

(2) The executive director is the appointing authority of the staff and may authorize subordinates to act in the executive director's place to carry out administrative duties.

(3) The executive director has sidewalk deviation authority as described in WAC 479-14-200.

(4) The executive director has administrative increase authority for projects up to the following levels:

(a) Urban program - Fifteen percent of project costs or $750,000 whichever is less.

(b) Small city arterial program - Fifteen percent of project costs or $125,000, whichever is greater.

(c) City hardship assistance program - Up to $75,000.

(d) Active transportation program - Fifteen percent of project costs or $50,000, whichever is greater.

(e) Small city preservation program - Up to $200,000 within available funding limitations.

(f) Arterial preservation program – Up to 15 percent of original TIB grant.

(g) Small city federal match within the limits set by the board in accordance with WAC 479-14-215.

(5) The director may authorize small city preservation projects between regularly scheduled call for projects up to $200,000 within available funding limits.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-01-060, filed 3/28/23, effective 4/28/23
  • WSR 13-20-087, § 479-01-060, filed 9/30/13, effective 10/31/13
  • WSR 12-08-060, § 479-01-060, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-01-060, filed 8/30/07, effective 9/30/07.

Chapter 479-02 Public access to information and records.

Wash. Admin. Code § 479-02-010 Purpose.

The purpose of this chapter shall be to ensure compliance by the transportation improvement board with the provisions of chapter 42.56 RCW dealing with public records.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-02-010, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-02-010, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. WSR 91-13-056, § 479-02-010, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-050 Public records officer.

The executive secretary is the public records officer for the transportation improvement board. The public records officer is responsible for implementation of the board's rules and regulations regarding release of public records and ensuring compliance with the public records disclosure requirements of chapter 42.56 RCW.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-02-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-02-050, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. WSR 91-13-056, § 479-02-050, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-060 Public records available.

All public records defined in RCW 42.17.020 are available for public inspection and copying unless the record falls within the specific exemptions of chapter 42.56 RCW or other specific statute.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-02-060, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-02-060, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. WSR 91-13-056, § 479-02-060, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-070 Requests for public records.

Public records requests should be sent to the public records officer at the office location using the following procedures:

(1) To ensure accuracy, any requests for public records should be made in writing and may be mailed or emailed.

(2) For prompt response, the following information should be provided in the request:

(a) The name of the person requesting the record;

(b) The date on which the request is made;

(c) A specific description of the material requested;

(d) A verification that the records requested will not be used to compile a sales list or used for commercial gain;

(e) Instructions as to whether the requestor wants to view the document at the TIB offices, receive a copy by mail, or receive an electronic copy if available.

(3) TIB's public records request form is available on the website.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-02-070, filed 3/28/23, effective 4/28/23
  • WSR 07-18-050, § 479-02-070, filed 8/30/07, effective 9/30/07
  • WSR 95-04-072, § 479-02-070, filed 1/30/95, effective 3/2/95
  • WSR 91-13-056, § 479-02-070, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-075 Response to requests.

Upon receiving a request, the public records officer will respond within five business days in writing or by email acknowledging receipt of the request and with one or more of the following:

(1) The requested record;

(2) An estimate of the time it will take to provide the record or a schedule for providing the records in installments, including:

(a) An estimate of the copying and shipping costs of the record; and

(b) A request for advanced partial payment of the copy and shipping costs;

(3) A request for further information or identification of the desired public records;

(4) A request for verification that the records requested will not be used to compile a sales list, or that the records will not be sold for commercial gain; or

(5) A denial of the request pursuant to WAC 479-02-110.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-02-075, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-02-080 Availability.

Public records will be available for inspection and copying by appointment during the normal business hours of TIB. Normal office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except state holidays.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-02-080, filed 3/28/23, effective 4/28/23
  • WSR 07-18-050, § 479-02-080, filed 8/30/07, effective 9/30/07
  • WSR 91-13-056, § 479-02-080, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-090 Inspection and copying cost.

(l) No fee is charged for inspection of public records.

(2) The board will charge a reasonable fee for providing copies of public records as provided in RCW 42.56.120.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-02-090, filed 8/30/07, effective 9/30/07
  • WSR 91-13-056, § 479-02-090, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-100 Protection of public records.

To protect public records, the following rules have been adopted:

(l) Copying of public documents will be done by staff or under their supervision.

(2) Public documents will not be removed by the requestor.

(3) Inspection of documents will be monitored by staff.

(4) If a request is submitted to examine or copy an entire file or group of documents, the public records officer will review the file and identify any protected records under RCW 42.17.310. A reasonable time to do the review will be given to the public records officer without being in violation of the obligation to reply promptly.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-02-100, filed 8/30/07, effective 9/30/07
  • WSR 95-04-072, § 479-02-100, filed 1/30/95, effective 3/2/95
  • WSR 91-13-056, § 479-02-100, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-110 Denial of request.

Whenever the record requested clearly falls within the statutory exemptions of chapter 42.56 RCW, or when the exempt status of the record is unclear:

(1) The public records officer will consult with the assistant attorney general to determine if a requested public record is exempt; and

(2) Any denial of a request based upon an exemption will be made by a written statement to the requestor together with specific explanation of the reasons for and how to request a review of the exemption.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-02-110, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-02-110, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. WSR 95-04-072, § 479-02-110, filed 1/30/95, effective 3/2/95
  • WSR 91-13-056, § 479-02-110, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-120 Review of agency denial.

Denial of a public records request will be in accordance with RCW 42.56.530.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-02-120, filed 8/30/07, effective 9/30/07
  • WSR 95-04-072, § 479-02-120, filed 1/30/95, effective 3/2/95
  • WSR 91-13-056, § 479-02-120, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-130 Records index.

The public records officer will maintain a current index of board records.

(1) The following list of records is included in the index:

(a) Legislation, rules, and regulations of the board;

(b) Bylaws adopted by the board;

(c) Minutes of board meetings;

(d) Resolutions approved by the board;

(e) Program guidelines;

(f) Program reports and publications.

(2) The public records officer will update the index at least once a year or when deemed necessary by the executive director.

(3) The index will be available for inspection and copying as other public records.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-02-130, filed 8/30/07, effective 9/30/07
  • WSR 95-04-072, § 479-02-130, filed 1/30/95, effective 3/2/95
  • WSR 91-13-056, § 479-02-130, filed 6/17/91, effective 7/18/91.
Wash. Admin. Code § 479-02-140 Availability.

The current index promulgated by the board shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 91-13-056, § 479-02-140, filed 6/17/91, effective 7/18/91.

Chapter 479-05 Program requirements.

Wash. Admin. Code § 479-05-011 Submission of proposed projects.

A call for projects may be made as the board deems appropriate. Subsequent to a call, a priority array may be adopted. The array will be published and will list all approved applications.

Special funding programs or a special call for projects may be made by the board as funds allow.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-011, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-012 Out of call projects submission and limitations.

An eligible agency may request the transportation improvement board to consider a project for funding outside of the normal call for projects. To be considered as emergent nature, a project must demonstrate one or more of the following:

(1) There has been a significant change in the location or development of traffic generators in the area of the project.

(2) The work proposed is necessary to avoid or reduce serious traffic congestion in the area of the project in the near future.

(3) A partially funded project that, if completed, would enable a community to secure an unanticipated economic development opportunity.

(4) Other funding sources the local agency has applied for or secured for the project.

(5) The project request is a result of a federal, state, or locally declared emergency and must be funded prior to the normal call for projects.

(6) A project that is cost-effective and must be funded prior to the scheduled call for projects.

In meeting one or more of the criteria, the project request may not adversely impact currently funded projects. The agency may be asked to make a presentation to the board on the project.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-012, filed 3/28/23, effective 4/28/23
  • WSR 18-08-068, § 479-05-012, filed 4/2/18, effective 5/3/18
  • WSR 07-18-050, § 479-05-012, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-020 Six-year transportation plan.

Projects selected in the priority array must be included in the local agency's six-year transportation plan prior to receiving authorization to proceed on the project.

Preservation projects identified through pavement condition ratings are not required to appear in the local agency's six-year transportation plan.

Complete streets projects that are operational in nature are not required to appear in the local agency's six-year transportation plan.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-020, filed 3/28/23, effective 4/28/23
  • WSR 15-22-052, § 479-05-020, filed 10/29/15, effective 11/29/15
  • WSR 12-08-060, § 479-05-020, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-020, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-020, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-030 A registered professional engineer must be in charge.

(1) All projects using transportation improvement board funds will be supervised by a professional engineer registered in the state of Washington.

(2) The executive director may waive a supervised professional engineer requirement for low-cost preventative preservation and maintenance projects and complete streets transportation projects.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-030, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-030, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-030, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-030, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-035 Qualifications for small city projects administered by another agency.

A local agency that has a small city arterial program project, small city preservation project, complete streets project, or active transportation project, may elect to have, or the executive director may require, the project to be administered by another city, a county, state department of transportation, or state transportation improvement board when:

(1) The local agency does not have certification acceptance from the state department of transportation per the Washington state department of transportation local agency guidelines manual, chapter 13; or

(2) The executive director determines that the local agency has insufficient capacity to directly administer transportation projects.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-035, filed 3/28/23, effective 4/28/23
  • WSR 22-07-023, § 479-05-035, filed 3/9/22, effective 4/9/22
  • WSR 15-22-052, § 479-05-035, filed 10/29/15, effective 11/29/15
  • WSR 12-08-060, § 479-05-035, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-05-040 Value engineering study requirements.

The executive director may determine whether a value engineering study is required based on project risk factors summarized below. The agency will be notified if a value engineering study is required during the design process and must complete the study prior to authorization to bid.

(1) Significant project complexity;

(2) Significant structures;

(3) Significant right of way;

(4) Multiple alignment options;

(5) Environmentally sensitive areas;

(6) Complex interagency involvement.

The value engineering study is completed when the local agency submits the recommendation report to TIB. TIB may consider what recommendations are accepted or rejected when evaluating any funding increase or scope change request.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-040, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-040, filed 4/3/12, effective 5/4/12. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 08-10-012, § 479-05-040, filed 4/24/08, effective 5/25/08. Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-040, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-040, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-051 Project phases.

Projects authorized by the board are divided into the following phases:

(1) Design phase – Documents that must be received prior to phase approval include:

(a) Signed funding status form confirming that the funding partners are fully committed;

(b) Page from the adopted six-year transportation plan which lists the project;

(c) Signed fuel tax agreement;

(d) Consultant agreement when a small city contracts with an engineering firm or consultant to administer a transportation improvement board project on behalf of the small city.

(2) Bid advertisement phase – Documents that must be received prior to phase approval include:

(a) Signed bid authorization form that contains:

(i) Plans and specification package;

(ii) Written confirmation of funding partners; and

(iii) Confirmation that full funding is available for the project;

(b) Signed confirmation that right of way is acquired or possession and use agreement is in place;

(c) Engineer's estimate is in final format;

(d) Consultant agreement when a small city contracts with an engineering firm or consultant to administer a transportation improvement board project on behalf of the small city;

(e) Certification that a cultural resource assessment was completed;

(f) Traffic signal warrants.

(3) Construction phase – Documents that must be received prior to phase approval include:

(a) Updated cost estimate form signed by a local agency official and the project engineer;

(b) Bid tabulations; and

(c) Description of cost changes.

(4) Project closeout phase – Documents that must be received prior to phase approval include:

(a) Updated cost estimate form signed by a local agency official and the project engineer;

(b) Final summary of quantities; and

(c) Accounting history signed by a local agency official or the financial manager.

(5) A manually signed copy of a contract or any amendments, statement of work or other transaction documents delivered by email shall be deemed to have the same legal effect as delivery of an original signed copy.

(6) An electronic signature shall have the same force and effect as a manual signature on all agreements, forms, and other documents submitted in support of a project under this chapter. For purposes of this section, an "electronic signature" has the same meaning as in RCW 1.80.010(10).

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-051, filed 3/28/23, effective 4/28/23
  • WSR 22-07-023, § 479-05-051, filed 3/9/22, effective 4/9/22
  • WSR 12-08-060, § 479-05-051, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-051, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-052 Project modification and scope change.

The executive director may approve scope changes except the following which require the board's approval:

(1) A change in the project limits with a request for an increase in funding beyond the executive director's administrative authority in WAC 479-01-060;

(2) Adding or decreasing through lanes;

(3) Adding or eliminating grade separations;

(4) Reducing limits greater than one hundred lineal feet;

(5) Inclusion or exclusion of major project element that may be considered a scope change by the executive director; or

(6) Changes to project components that were used to rate the project.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-052, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-060 Methods of construction.

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

(1) Utility and railroad relocations and adjustments;

(2) Government force work;

(3) Work eligible from the small works roster; and

(4) Local agencies may be otherwise exempt from bidding requirements if so authorized by an applicable statute contained in chapter 36.77, 35.22, 35.23, or 35.27 RCW.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-060, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-060, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-060, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-060, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-065 Small agency retainage requirement.

(1) In addition to small agency match requirements for transportation board programs, a small agency receiving transportation improvement board funds shall be required to retain $5,000 in local agency funds as contingency funding.

(2) The executive director may require the small agency to use contingency funding before authorizing an increase in TIB funds established in WAC 479-05-202 and 479-01-060.

(3) A small agency may be asked to prepare and make a presentation to the board justifying an exemption on the use of small agency contingency funding.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 26-09-006, s 479-05-065, filed 4/2/26, effective 5/3/26.
Wash. Admin. Code § 479-05-080 Standard specifications.

The current edition of the Standard Specifications for Road, Bridge,and Municipal Construction will be used as the standard for design and construction of board funded projects.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-080, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-080, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-080, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-080, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-100 Utility adjustments or relocations.

Utility adjustments or relocations may be reimbursed using the following criteria:

(1) If it is a direct cost for utility adjustments that are owned by the local government;

(2) If the utility provider owns the property in fee title; or

(3) If the utility franchise agreement requires the local agency to pay for those utility adjustments or relocations required by state or local government.

Upgrading of utilities is not eligible for reimbursement by transportation improvement board funds.

If the proposed work will cause a significant change in scope, the agency must seek board approval.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-100, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-100, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-100, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-100, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-101 Railroad adjustments or relocation.

Railroad adjustments or relocations may be reimbursed using the following criteria:

(1) TIB will reimburse the local agency for reasonable and necessary costs.

(2) There is a direct impact within the project limits.

Improvements beyond the necessary replacement costs to mitigate the impacts of the project will not be reimbursed.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-101, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-120 Street illumination and traffic control devices.

Traffic control devices for an approved project may be purchased and installed under RCW 35.22.620(3), 35.23.352(1), and 36.77.065(3) by:

(1) The contractor for the construction phase of the project; or

(2) Local agency employees.

Transportation improvement board funds may be used in the costs to underground service connections for street illumination and traffic signal services within the approved project scope.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-120, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-120, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-120, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-120, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-130 Project landscaping and aesthetic improvements.

Cost of landscaping and aesthetic improvements is limited to five percent of the total eligible construction contract amount.

(1) Landscaping includes:

(a) Cost of trees, shrubs, sod, and other plant material.

(b) Top soil and bark.

(c) Irrigation and tree grates.

(d) Labor for installation.

(2) Aesthetic improvement includes:

(a) Ornamental lighting.

(b) The local agency share of the cost of undergrounding of utilities.

(c) Public art.

(d) Special surfacing treatments (stamped concrete, pavers).

(e) Labor for installation.

(3) Items not considered landscaping or aesthetic improvements are:

(a) Erosion control treatments.

(b) Wetland mitigation (plantings) required by federal or state regulations.

(c) Property restoration.

(d) Landscaping integral to safety performance of active transportation separation/buffers.

(e) Landscaping and aesthetic improvements (except cost of undergrounding utilities) when the project is located within zoned or planned central business center/district.

(f) Landscaping contributing to speed management treatments (such as, but not limited to: Traffic circles, chicanes, lane shifts, median refuge areas, or added vertical friction to induce slower speed selection, etc.).

Requests for increases in landscaping and related costs are subject to WAC 479-05-201, 479-05-202, and 479-05-203. Landscaping costs in excess of the five percent limit may be paid for by funding sources other than TIB funds.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-130, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-130, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-130, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-130, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-131 Mitigation costs and limitations.

Mitigation costs may include:

(1) Sound walls/berms: Unless required by specific regulations, TIB will not participate in this cost.

(2) Superfund sites: TIB funds will not participate in the cost of cleanup.

(3) Bridges: Bridge designs exceeding the most cost effective are not eligible for participation.

(4) Wetlands: Mitigation in excess of what is required by federal or state requirements is not eligible to be reimbursed.

(5) Stormwater treatment: Treatment in excess of what is required by federal or state requirements is not eligible to be reimbursed.

Transportation improvement board funds may not be used for excessive design, mitigation beyond federal or state requirements, or other unusual project features.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-131, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-131, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-131, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-140 Acquisition of rights of way.

Right of way for board funded projects shall be acquired in accordance with chapters 8.26 RCW and 468-100 WAC. Reimbursement of right of way acquisition costs are eligible within the design phase of the project.

At bid advertisement phase, right of way acquisitions should be completed and certified. If all right of way cannot be certified, the local agency must have possession and use agreements for the remaining parcels.

If under any circumstances right of way purchased with board funds is subsequently sold or transferred to a nontransportation purpose, the proceeds of the sale or equivalent value shall be placed in the local agency's appropriate transportation fund and expended solely for street or road improvement purposes.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-140, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-140, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-140, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-140, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-141 What is eligible for reimbursement of right of way costs.

Only the square footage needed for the roadway is eligible to be reimbursed, unless:

(1) It is deemed by TIB to be in the best interest of the project to purchase the entire parcel;

(2) An entire parcel take is required by local resolution; or

(3) An uneconomic remnant will remain.

If after the completion of the project, the uneconomic remnant is sold, transferred, or rezoned to make it an economic remnant, the proceeds of any sale will be placed back in the local agency's appropriate transportation fund to be used for street or road improvement purposes only.

In the event the project is not built, TIB funds expended for right of way may be requested to be refunded to the board.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-141, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-141, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-170 Reimbursement of engineering costs.

Projects selected by the board before June 1, 2026.

Design and construction engineering costs eligible for reimbursement are limited to 30 percent, or 20 percent if funded as construction ready, of the approved contract bid amount.

Surveying and materials testing costs, even if they are part of the contract costs, are considered part of construction engineering and are subject to the 30 percent limit or 20 percent limit if funded as construction ready. Exceptions to the 30 percent engineering limit, or 20 percent engineering limit if funded as construction ready, may be considered for small city projects when an unforeseen issue arises that is beyond the control of the local agency. The local agency may request an increase through WAC 479-05-202 processes.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 26-09-006, s 479-05-170, filed 4/2/26, effective 5/3/26
  • WSR 23-08-032, § 479-05-170, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-05-170, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-170, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-170, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-05-175 Reimbursement of project management, local agency administration, and engineering costs.

Effective June 1, 2026, project management, local agency administration, and engineering costs eligible for reimbursement are determined by the board.

Effective June 1, 2026, the board will publish a reimbursable table for project management, local agency administration, and engineering costs of the approved eligible contract cost(s).

The board will review and consider the reimbursable table at least every two years.

Surveying and materials testing costs, even if they are part of the contract costs, are considered part of engineering.

Exceptions to the published costs limits may be considered for small agency projects when an unforeseen issue arises that is beyond the control of the small agency. The small agency may request an increase through WAC 479-05-202 processes.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 26-09-006, s 479-05-175, filed 4/2/26, effective 5/3/26.
Wash. Admin. Code § 479-05-201 When an agency may request an increase in TIB funds.

Local agencies may request an increase in funds at or during the construction phase, and project closeout.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-201, filed 3/28/23, effective 4/28/23
  • WSR 07-18-050, § 479-05-201, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-202 How an agency requests an increase in TIB funds.

Increases in TIB funds may be requested by the lead local agency and submitted to TIB staff through the updated cost estimate form or change order form.

The executive director will consider increase requests up to the levels in WAC 479-01-060.

Increase requests above the executive director administrative authority require board action. The local agency may be asked to prepare and make a presentation to the board justifying the increase.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-202, filed 3/28/23, effective 4/28/23
  • WSR 07-18-050, § 479-05-202, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-203 Criteria the board and the executive director use when reviewing increase requests.

The board and executive director will consider the following when reviewing increase requests:

(1) Whether the granting of the request will obligate funding beyond an acceptable level or will adversely affect authorized funds previously approved by the board.

(2) Whether the request would fund expansion of the scope of work beyond that approved at design phase.

(3) Whether the local agency should have anticipated an increase would be necessary at the outset of the project.

(4) Requests for increases at construction approval phase will take priority over other phase requests.

(5) Local agency funding partner ability to contribute to the increased costs.

(6) Other criteria on a case-by-case basis.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-05-203, filed 3/28/23, effective 4/28/23
  • WSR 07-18-050, § 479-05-203, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-204 If an increase is not approved.

An agency request for an increase in funds may go to either the executive director or the board, as described in WAC 479-05-202, depending on the size of the request:

(1) If the executive director hears the request and does not approve it, the local agency may:

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

(b) Withdraw the request for participation;

(c) Request a formal review of the executive director's decision by the board; or

(d) Submit a request to the executive director to reduce the scope of the project as provided in WAC 479-05-052.

(2) If the board hears the request and does not approve it, the local agency may:

(a) Proceed with the project, paying for additional costs;

(b) Withdraw the request for participation; or

(c) Request a scope modification or reduction as provided in WAC 479-05-052.

In either case, the project will need to retain a usable and functional improvement to be granted a scope reduction.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-204, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-211 When a project is considered delayed.

Projects are considered delayed when one of the following occurs:

(1) Urban program projects do not reach construction phase within four years and six months.

(2) Projects awarded funding as "construction ready" will be considered delayed if construction does not begin within one year of funding becoming available.

(3) All other programs must reach construction phase within two years and six months.

The award date or date funding is made available to the local agency by TIB, whichever is earlier, is the starting point in calculating the delay date.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-211, filed 4/3/12, effective 5/4/12
  • WSR 09-09-002, § 479-05-211, filed 4/1/09, effective 5/2/09
  • WSR 07-18-050, § 479-05-211, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-212 The stages of delayed projects.

For TIB funded projects, there are two stages of delay:

(1) Stage 1 delay - If the project does not meet the project target date per WAC 479-05-211.

(2) Stage 2 delay - If the project does not meet the revised bid date as agreed to under Stage 1 delay under WAC 479-05-213(1), or one year after being designated as a Stage 1 delayed project.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-212, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-212, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-05-213 Review and consequences of delay.

Delayed projects will be reviewed as follows:

(1) Stage 1 - Delayed project. The TIB staff report the delayed project to the board at a regularly scheduled board meeting. The executive director requests a letter from the local agency explaining why the project continues to be delayed and a commitment date which is acceptable to the executive director or board.

(2) Stage 2 - Contingency project. If the agency misses the agreed upon date(s) or deadlines set in the Stage 1 review, the project will be designated a contingency project. The board must restore a contingency project to active status before the executive director authorizes the next project phase.

A project remaining on the contingency list for twelve months will have the grant funds terminated. The agency may reapply for funding in a later grant application cycle.

The executive director has discretion when moving projects from one stage of delay to the next and may consider pending bid dates or other indications of impending progress.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-213, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-05-213, filed 8/30/07, effective 9/30/07.

Chapter 479-06 Financial requirements.

Wash. Admin. Code § 479-06-010 Transportation improvement board 10-year financial plan.

The board will update its 10-year financial plan at the beginning of each fiscal year. The financial plan will include estimated revenue to be available for new project starts in the ensuing biennium based on forecast council's revenue forecast. Other factors included are fund balance, bond debt, interest revenue, legislative appropriation, projected expenditures by program, and any other issues that may impact new project starts.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-06-010, filed 3/28/23, effective 4/28/23
  • WSR 07-18-050, § 479-06-010, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-06-020 Reimbursable costs.

Costs must be reasonable and chargeable to the project to be eligible for reimbursement. Project costs eligible for reimbursement are defined as direct and indirect.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-06-020, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-06-030 Direct costs.

Direct costs eligible for reimbursement are costs that are directly charged to the project and may include:

(1) Agency direct labor and employee benefits:

(a) Salaries and wages of agency nonadministrative employees working directly on the project as documented by payroll records.

(b) Employee benefits are calculated as a percentage of direct labor dollars as set by the board and include:

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

(ii) Retirement benefits (employer's share of actual cost);

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

(iv) Life insurance;

(v) Industrial and medical insurance.

(c) Employee leave:

(i) Vacation;

(ii) Sick leave;

(iii) Holiday pay;

(iv) Civil leave.

(2) Contract engineering services as specified by a consultant agreement.

(3) Permit fees.

(4) Right of way acquired for the project includes the following costs:

(a) Purchase cost of all property and property rights needed for specific projects in accordance with chapter 8.26 RCW including access rights, easements, losses in property value or damages (if any);

(b) Salaries, expenses, or fees of appraisers, negotiators and attorneys.

(5) Contract construction work.

(6) Project specific capital equipment acquisition approved by the board.

(7) Project specific vehicle and equipment charges will be reimbursed based on the actual rental cost paid for the equipment. If agency owned equipment is used, rental rates established by the agency's "equipment rental and revolving fund" will be reimbursed. All vehicle and equipment costs will be charged the agency standard rate for all projects regardless of the source of funding. Agencies without an equipment revolving fund will be reimbursed based on rates published by department of transportation for similar equipment.

(8) Project specific direct materials, supplies, and services used for projects will be reimbursed based on actual cost.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-06-030, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-06-040 Indirect/overhead costs.

Indirect or overhead costs are common administrative cost objectives that cannot be easily charged to the project. Indirect costs incurred by an agency for administrative costs will be reimbursed up to a maximum of ten percent of the direct labor costs.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-06-040, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-06-050 Progress payments.

Payments of funds are governed by the following:

(1) Incurred costs must be in conformity with all applicable federal and state laws, rules, regulations, and procedures.

(2) Agencies will submit requests for payment on forms prescribed by the board. Requests for payment will be submitted as the project progresses.

(3) The director may require a payment to be divided into installments if one of the following criteria is met:

(a) The agency has not billed for six months or longer;

(b) The agency has billed for an amount over the director determined level; or

(c) Cash balance of the account is below fifty percent of the minimum operating reserve.

(4) Costs incurred prior to phase approval are not eligible for reimbursement.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-06-050, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-06-060 Financial records requirement.

(1) Agencies must maintain documents that support project costs incurred. The supporting documentation may be required by the board for first project payment and at other times during the project life.

(2) Records must be maintained in accordance with the Records Retention Schedule as published by the secretary of state's office.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-06-060, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-06-070 Project record review.

Project records may be reviewed by the board to ensure that project costs are eligible for reimbursement. The records may be requested at any time during the project.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-06-070, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-06-080 Final settlement.

Up to five percent of total transportation improvement board funds may be retained until the agency submits final, complete, and accurate closeout documentation for a project.

A unilateral closeout of a project may be initiated by the board or executive director when an agency has not responded to requests for final documentation.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 18-08-068, § 479-06-080, filed 4/2/18, effective 5/3/18
  • WSR 07-18-050, § 479-06-080, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-06-090 Recovery of board funds on canceled projects.

If the grant award was made as a result of falsification, negligence, or deliberate misrepresentation on the part of the agency, the board may require repayment of funds. An agency is not responsible to repay transportation improvement board funds if the effort was made in good faith and circumstances are beyond the agency's control.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-06-090, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-06-095 Ineligibility of an agency.

(1) The board may determine an agency is ineligible to apply for future project applications if there is a finding an agency has withdrawn or canceled a grant award and has spent transportation improvement board funds.

(2) The board may determine the number of grant award cycles before reinstating agency eligibility.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-06-095, filed 3/28/23, effective 4/28/23.
Wash. Admin. Code § 479-06-100 Programming of funds.

The transportation improvement board selects projects based on an estimate of fund balance, projected revenues, current project expenditures, and future program obligations. The amount allocated per program will not exceed projected cash needs for a six-year period.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-06-100, filed 8/30/07, effective 9/30/07.

Chapter 479-10 Preservation programs, streetlight program, and complete streets grant program.

Wash. Admin. Code § 479-10-011 Small city pavement preservation and sidewalk account additional uses.

If available, funds from the small city pavement preservation and sidewalk account may be provided to small cities to match federal funding provided for local government federal aid of transportation.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-10-011, filed 3/28/23, effective 4/28/23
  • WSR 13-20-087, § 479-10-011, filed 9/30/13, effective 10/31/13
  • WSR 10-14-027, § 479-10-011, filed 6/28/10, effective 7/29/10
  • WSR 08-21-005, § 479-10-011, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-100 Intent of the small city preservation program.

The intent of the small city preservation program is to provide funding for small cities to provide proper pavement management and extend infrastructure longevity.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-100, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-110 Who is eligible for small city preservation program funds.

Agencies eligible to receive small city pavement program funding are incorporated cities with a population less than five thousand. For the purposes of determining population, cities may exclude the population of any state correctional facility located within the city.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-10-110, filed 4/3/12, effective 5/4/12
  • WSR 08-21-005, § 479-10-110, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-120 Projects that are eligible for small city preservation program funds.

Eligible roadway and sidewalk projects, including active transportation projects, are those that maintain, repair, and/or resurface the existing infrastructure that is municipally owned and appropriate under Article II Section 40, 18th Amendment of the Washington state Constitution.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 22-07-023, § 479-10-120, filed 3/9/22, effective 4/9/22
  • WSR 08-21-005, § 479-10-120, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-121 Types of street system treatments allowed under small city preservation program.

The type of treatment will be based on the pavement condition rating, treatment types available in the area, and concurrence by the local agency. Treatments may include crack sealing, patching, ditching, chip sealing, overlay, cold in place recycling of roadway, or other treatment as deemed cost effective and/or necessary by TIB staff.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-121, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-122 Qualification for the small city preservation program—Pavement condition ratings.

To qualify for funding in the current program year, a city's pavement condition rating must be less than four years old on or by the application date.

For the cities' convenience, TIB staff will conduct all pavement condition ratings on a rotational basis every four years.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-10-122, filed 3/28/23, effective 4/28/23
  • WSR 08-21-005, § 479-10-122, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-130 Identification of funding requests for the small city preservation program.

To be considered for a project under the small city preservation program, an eligible agency may submit a funding application in response to either a standard TIB call for projects or identification and notification by TIB staff based on other opportunities available in the area to decrease material or labor costs associated with project delivery.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-130, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-140 Project selection for the small city preservation program.

Projects may be selected by the board or the executive director based on need, economy of scale opportunities, and criteria listed in RCW 47.26.345.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-140, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-150 Project phases for the small city preservation program.

Small city preservation program projects will have three phases. Each phase will require specific documentation as described below and each phase must be approved before the applicant agency is eligible to receive the related funding:

(1) Application phase - The city shall submit an application form as well as documentation showing route and treatment plan.

(2) Design and construction phase - TIB will provide documents for the city to sign and return. The city must submit the following agreements where utilized:

(a) Fuel tax agreement.

(b) Rights of entry agreement (if applicable).

(c) Consultant agreement (if applicable).

(3) Project closeout phase - All necessary project cost documentation must be received prior to final payment.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-10-150, filed 3/28/23, effective 4/28/23
  • WSR 08-21-005, § 479-10-150, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-160 City matching funds or services for small city preservation program.

The board will consider a city's ability to provide matching funds or in-kind services when allocating funds under this program. Cash or in-kind match may be provided by the local agency in the form of:

(1) Cash match based on ability to contribute:

(a) If the city assessed valuation is greater than 500,000,000, a match of 10 percent will be contributed.

(b) If the city assessed valuation is from 100,000,000 to 500,000,000, a five percent match will be contributed.

(2) If the city assessed valuation is under 100,000,000, no cash match is necessary.

(3) Match is not expected or accepted if the construction services will be provided to the city by WSDOT or a county.

(4) All in-kind contributions must relate directly to the project and are limited to time, material, or real property donated to the agency to fulfill project requirements. In-kind match may include:

(a) Community involvement including volunteer participation.

(b) City force labor, materials, and/or equipment (excluding costs incurred for qualification in WAC 479-10-122 or application for funds).

(c) Other street beautification.

(d) In-kind match must be documented with labor reports, equipment reports, receipts, and/or citizen volunteer time with hourly rate not to exceed the greater of 200 percent of either the state or local minimum wage.

(e) Contributions of overhead, per diem, travel expenses, time spent at advisory groups or meetings, or time from individuals receiving compensation through the grant will not be accepted as in-kind match.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 22-07-023, § 479-10-160, filed 3/9/22, effective 4/9/22
  • WSR 08-21-005, § 479-10-160, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-170 Small city federal match funding eligibility and application.

Cities may request federal matching funds for projects that meet TIB eligibility requirements for small city preservation program funding as described in WAC 479-10-120 and 479-10-121. A TIB funding application form must be submitted to apply for match funding.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-10-170, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-10-170, filed 4/3/12, effective 5/4/12
  • WSR 10-14-027, § 479-10-170, filed 6/28/10, effective 7/29/10.
Wash. Admin. Code § 479-10-171 Restriction on use of small city match funding.

Match funds are only for transportation projects funded through federal transportation grants. All other local sources must be sought before applying for match funds from TIB.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 10-14-027, § 479-10-171, filed 6/28/10, effective 7/29/10.
Wash. Admin. Code § 479-10-172 Small city match funding priority.

If funds remain after small city preservation program projects are funded, match funds may be committed to eligible projects. The priority for funding is in the order in which the applications are received until the available funds are fully allocated.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 10-14-027, § 479-10-172, filed 6/28/10, effective 7/29/10.
Wash. Admin. Code § 479-10-173 If small city match funding is fully allocated.

If an eligible application is received after all of the funding is allocated, the local agency may seek board approval for funding at the next scheduled board meeting from the notice of denial from TIB staff. The notice of denial may be in the form of an email or letter.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 10-14-027, § 479-10-173, filed 6/28/10, effective 7/29/10.
Wash. Admin. Code § 479-10-174 Small city match funding increases.

Increases in match funding for chosen projects may be made within the executive director's authority in accordance with WAC 479-01-060.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 10-14-027, § 479-10-174, filed 6/28/10, effective 7/29/10.
Wash. Admin. Code § 479-10-200 Intent of the city hardship assistance program.

The city hardship assistance program provides rehabilitation and maintenance funds for eligible routes pursuant to RCW 47.26.164.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-200, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-210 Who is eligible for city hardship assistance program funds.

Eligible cities are those with a population of twenty thousand or less with a net gain in cost responsibility due to a road jurisdictional transfer.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-210, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-220 What routes are eligible for city hardship assistance program funds.

The following routes are eligible to receive city hardship assistance funds for maintenance:

(1) Clarkston, Old SR 128, 0.13 Miles, SR 12 to Poplar Street;

(2) Kelso, Old SR 431, 0.90 Miles, SR 5 to Cowlitz Way; 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 turn back, approximately 2.7 miles;

(3) Leavenworth, Old SR 209, 0.11 Miles, SR 2 to 260 feet north of Fir Street;

(4) Milton, Old SR 514, 2.46 Miles, Junction SR 99 to 50 feet west of SR 161;

(5) Napavine, Old SR 603, 0.79 Miles, 810 feet southwest of Lincoln Street to 8th Avenue West;

(6) Pomeroy, Old SR 128, 0.72 Miles, SR 12 to 2,690 feet south of Arlington Avenue;

(7) Sequim, Washington Avenue - Simdars Road to Sunnyside Avenue and 3rd Avenue to 9th Avenue;

(8) Skykomish, Old SR 2 Spur, 0.16 Miles, SR 2 to Railroad Avenue;

(9) Stanwood, Old SR 530, 1.59 Miles, 790 feet north of 86th Drive NW to 740 feet northwest of 72nd Avenue NW;

(10) Toledo, Old SR 505, 0.12 Miles, Fifth Street to 210 feet northwest of Sixth Street;

(11) Toppenish, Old SR 220, 0.27 Miles, Junction SR 22 to 630 feet east of Linden Road;

(12) Vader, Old SR 411, 0.25 Miles, 520 feet south of SR 506 to 1,840 feet south of SR 506;

(13) Washougal, Old SR 140, 0.70 Miles, SR 14 to west end of Washougal River Bridge;

(14) Winlock, Old SR 603, 0.61 Miles, Walnut Street to 160 feet south of Olequa Creek Bridge.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-220, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-230 How to request city hardship assistance program funds.

To request funding for eligible routes, the city should submit a letter of application including a treatment plan and cost estimate for the project. The request will be due by August 31st of the year prior to treatment, unless otherwise authorized by the executive director.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-230, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-240 Phases for city hardship assistance program.

City hardship assistance program projects will have the following phases:

(1) Application phase - Letter of application including the treatment plan and cost estimate submitted under WAC 479-10-230.

(2) Design and construction phase - Documents that must be received prior to phase approval:

(a) Fuel tax agreement or WSDOT task order agreement.

(b) Consultant agreement (if applicable).

(3) Project closeout phase - Project cost documentation must be received prior to final payment.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-240, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-250 Funding limitations for city hardship assistance program projects.

Funding is to be used for maintenance and rehabilitation of existing facilities and not for adding additional capacity or facilities.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-250, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-260 No match is required for city hardship assistance program projects.

There is no local agency matching funds requirement for city hardship assistance program projects.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-260, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-270 Spending any residual amount of city hardship assistance program funds.

Any residual funds remaining at the end of the biennium will be spent on small city preservation program projects.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 08-21-005, § 479-10-270, filed 10/2/08, effective 11/2/08.
Wash. Admin. Code § 479-10-300 Intent of the arterial preservation program.

The intent of the arterial preservation program is to aid urban cities with low assessed property valuation to preserve arterial pavement.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-10-300, filed 3/28/23, effective 4/28/23
  • WSR 13-20-087, § 479-10-300, filed 9/30/13, effective 10/31/13.
Wash. Admin. Code § 479-10-310 Who is eligible for arterial preservation program funds.

Incorporated cities with a population of five thousand or more and an assessed property valuation below a maximum valuation established annually by the board are eligible to receive arterial preservation program funding.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-10-310, filed 10/29/15, effective 11/29/15
  • WSR 13-20-087, § 479-10-310, filed 9/30/13, effective 10/31/13.
Wash. Admin. Code § 479-10-320 Projects eligible for arterial preservation program funds.

Eligible roadway projects are:

(1) Preservation on city-owned federally classified routes; or

(2) City-owned federal arterial functional classification projects within cities qualifying for urban designation upon the next federal census.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-10-320, filed 3/28/23, effective 4/28/23
  • WSR 13-20-087, § 479-10-320, filed 9/30/13, effective 10/31/13.
Wash. Admin. Code § 479-10-323 Arterial preservation program allowable street system treatments and funding uses.

The type of treatment allowed will be based on the pavement condition rating, treatment types available in the area, and concurrence by the local agency. Funding can be used for resurfacing of existing streets, required ADA ramp upgrades, and minor associated sidewalk repairs.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 13-20-087, § 479-10-323, filed 9/30/13, effective 10/31/13.
Wash. Admin. Code § 479-10-330 Consideration of arterial preservation program funding requests.

To be considered for funding a project under the arterial preservation program, an eligible agency must submit a funding application in response to a TIB call for projects.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 13-20-087, § 479-10-330, filed 9/30/13, effective 10/31/13.
Wash. Admin. Code § 479-10-370 Arterial preservation program city matching funds.

The arterial preservation program provides funding when program funds are matched by any other non-TIB funds as follows:

(1) If the city assessed valuation is less than one billion dollars, the matching rate is ten percent of the total project costs;

(2) If the city valuation is one billion dollars to two and one-half billion dollars, the matching rate is fifteen percent of the total project costs;

(3) If the city valuation is over two and one-half billion dollars, the matching rate is twenty percent of the total project costs.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 13-20-087, § 479-10-370, filed 9/30/13, effective 10/31/13.
Wash. Admin. Code § 479-10-400 Intent of the streetlight program.

The intent of the streetlight program is to provide funding for cities to modernize their street lights to current technology.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-10-400, filed 10/29/15, effective 11/29/15.
Wash. Admin. Code § 479-10-410 Who is eligible for streetlight program funds.

Agencies eligible to receive streetlight program funding are:

(1) Incorporated cities with a population less than five thousand; and

(2) Incorporated cities with a population of five thousand or more with an assessed property valuation below a maximum valuation established by the board based on available funding.

For the purposes of determining population, cities may exclude the population of any state correctional facility located within the city.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-10-410, filed 10/29/15, effective 11/29/15.
Wash. Admin. Code § 479-10-420 Work eligible for streetlight program funds.

Eligible projects include:

(1) Replacement of existing luminaires;

(2) Replacement of existing streetlight infrastructure may be included when:

(a) The infrastructure is required for installation of new luminaires; and

(b) The cost is determined by TIB to be appropriately borne by the city.

(3) Placement of new lights when necessary as determined by the executive director or board.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-10-420, filed 10/29/15, effective 11/29/15.
Wash. Admin. Code § 479-10-422 When streetlights are on state routes facilities.

WSDOT approval is required in advance of award of TIB funding.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-10-422, filed 10/29/15, effective 11/29/15.
Wash. Admin. Code § 479-10-430 Project types for the streetlight program.

To be considered for a project under the streetlight program, a streetlight program project may be identified through the following ways:

(1) An eligible agency may submit a funding application in response to a TIB call for projects;

(2) TIB may select eligible agencies based on opportunities provided by an electrical service provider; or

(3) TIB may select eligible agencies based on other board established criteria.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-10-430, filed 10/29/15, effective 11/29/15.
Wash. Admin. Code § 479-10-440 Project award criteria for the streetlight program.

When funds are available projects may be awarded by the board based on cost savings for the city, installation efficiency, or energy savings. Availability of other funding sources or rebates may also be considered.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-10-440, filed 10/29/15, effective 11/29/15.
Wash. Admin. Code § 479-10-450 Project phases for the streetlight program.

Streetlight program projects will have three phases. Each phase will require specific documentation as described below and each phase must be approved before the applicant agency is eligible to receive the related funding:

(1) Application phase - The city shall submit an application form as well as documentation showing scope, schedule, and budget.

(2) Design and construction phase - TIB will provide documents for the city to sign and return. The city must submit the following agreements where utilized:

(a) Grant agreement;

(b) Rights of entry agreement (if applicable);

(c) Consultant agreement (if applicable).

(3) Project closeout phase - All necessary project cost documentation must be received prior to final payment.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-10-450, filed 10/29/15, effective 11/29/15.
Wash. Admin. Code § 479-10-500 Purpose and authority for the complete streets grant program.

The transportation improvement board (TIB) adopts reasonable rules necessary to implement the complete streets grant program authorized in RCW 47.04.320. The purpose of the program is to encourage local agencies to adopt ordinances for street and road designs that incorporate access to all users including bicyclists, pedestrians, motorists, and public transportation riders.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-500, filed 12/14/23, effective 1/14/24
  • WSR 17-09-018, § 479-10-500, filed 4/10/17, effective 5/11/17.
Wash. Admin. Code § 479-10-510 Who is eligible for complete streets grant program funding.

A city or county is eligible to receive complete streets grant program funding when it has a jurisdiction-wide complete streets ordinance adopted by its council or commission.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-510, filed 12/14/23, effective 1/14/24
  • WSR 17-09-018, § 479-10-510, filed 4/10/17, effective 5/11/17.
Wash. Admin. Code § 479-10-515 Projects eligible for complete streets funding.

The following types of improvements are permitted uses:

(1) Pedestrian infrastructure;

(2) Bicycle infrastructure;

(3) Street or road modifications that provide or improve access to public transit;

(4) Aesthetic improvements to the streetscape associated with the street or road system; and

(5) Other activities consistent with RCW 47.04.320 may be authorized by the board on a case-by-case basis.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-515, filed 12/14/23, effective 1/14/24.
Wash. Admin. Code § 479-10-525 Project selection for the complete streets program.

Projects may be selected by the board or executive director based on need, economy of scale, opportunities, and criteria listed in RCW 47.04.320.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-525, filed 12/14/23, effective 1/14/24.
Wash. Admin. Code § 479-10-535 Award criteria for the complete streets program.

The board establishes the following criteria for use in evaluating complete streets grant applications:

(1) Purpose and need of proposed complete streets elements; and

(2) Constructibility - Demonstrates a strong likelihood to achieve full funding, obtain permits, acquire right of way, and reach construction within the timelines established in WAC 479-05-211.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-535, filed 12/14/23, effective 1/14/24.
Wash. Admin. Code § 479-10-545 Acquisition of rights of way.

Complete streets program projects are eligible for the acquisition of right of way in accordance with WAC 479-05-140.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-545, filed 12/14/23, effective 1/14/24.
Wash. Admin. Code § 479-10-555 Identification of funding requests for the complete streets program.

To be considered for a project under the complete streets program, an eligible agency may submit a funding application in response to either a standard TIB call for projects or identification and notification by TIB staff based on other opportunities available to the area to decrease material or labor costs associated with project delivery.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-555, filed 12/14/23, effective 1/14/24.
Wash. Admin. Code § 479-10-565 Project phases for the complete streets program.

(1) Complete streets program projects will have five phases. Each phase will require specific documentation as described below and each phase must be approved before the applicant agency is eligible to receive the related funding:

(a) Application phase;

(b) Design phase;

(c) Bid authorization phase;

(d) Bid award phase; and

(e) Project closeout phase.

(2) A manually signed copy of a contract or any amendments, statement of work, or other transaction documents delivered by email shall be deemed to have the same legal effect as delivery of an original signed copy.

(3) An electronic signature shall have the same force and effect as a manual signature on all agreements, forms, and other documents submitted in support of a project under this chapter. For purposes of this section, an "electronic signature" has the same meaning as in RCW 1.80.010(10).

TIB will provide documents for the city or county to sign and return.

All necessary project cost documentation must be received prior to final payment.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-565, filed 12/14/23, effective 1/14/24.
Wash. Admin. Code § 479-10-575 Executive director administrative increase authority for the complete streets program.

The executive director has administrative increase authority of 15 percent of project costs or $150,000, whichever is greater.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-575, filed 12/14/23, effective 1/14/24.
Wash. Admin. Code § 479-10-585 Matching requirements for the complete streets program.

The complete streets program provides funding for the agencies which will be matched by other funds as follows:

(1) For an incorporated city or town that has a population of less than 5,000:

(a) If the city assessed valuation is under $100,000,000, no cash match is necessary.

(b) If the city assessed valuation is from $100,000,000 to $500,000,000, the matching rate is five percent of total project costs.

(c) If the city assessed valuation is greater than $500,000,000, the matching rate is 10 percent of total project costs.

(2) For incorporated cities or towns with a population of 5,000 or more:

(a) If the city assessed valuation is under $1,000,000,000, the matching rate is 10 percent of total project costs.

(b) If the city assessed valuation is between $1,000,000,000 and $2,500,000,000, the matching rate is 15 percent of total project costs.

(c) If the city assessed valuation is over $2,500,000,000, the matching rate is 20 percent of total project costs.

(3) For counties:

(a) If the road levy valuation is under $3,000,000,000, the matching rate is 10 percent of total project costs.

(b) If the road levy valuation is between $3,000,000,000 to $10,000,000,000, the matching rate is 15 percent of total project costs.

(c) If the road levy valuation is over $10,000,000,000, the matching rate is 20 percent of total project costs.

The board uses the current published valuation from the department of revenue.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 24-01-071, § 479-10-585, filed 12/14/23, effective 1/14/24.

Chapter 479-14 Transportation improvement account projects.

Wash. Admin. Code § 479-14-005 Purpose and authority.

The transportation improvement board adopts reasonable rules necessary to implement the transportation improvement account.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-14-005, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-14-005, filed 11/23/99, effective 12/24/99.
Wash. Admin. Code § 479-14-006 Previously funded projects.

Projects are not eligible to compete for funding within the termini limits of a previously funded project for a period of ten years from contract completion.

Exceptions: The executive director may consider project applications during the normal call for projects that meet one or more of the following criteria:

(1) Installation of traffic demand or system management improvements based on updated warrants;

(2) New technology, standards, or FHWA approvals (such as LED technology) that was not available when the project was previously funded;

(3) Have previously received preservation program funding.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 18-08-068, § 479-14-006, filed 4/2/18, effective 5/3/18
  • WSR 07-18-050, § 479-14-006, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-14-011 Programs funded from the transportation improvement account.

The transportation improvement account funds the following programs:

(1) The urban program;

(2) The small city arterial program:

(a) Grants; and

(b) Federal match funding.

(3) The active transportation programs:

(a) Urban active transportation program; and

(b) Small city active transportation program.

(4) The arterial preservation program.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 22-07-023, § 479-14-011, filed 3/9/22, effective 4/9/22
  • WSR 13-20-087, § 479-14-011, filed 9/30/13, effective 10/31/13
  • WSR 12-08-060, § 479-14-011, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-14-011, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-14-111 Who is eligible to receive urban program funding.

Eligible agencies are:

(1) Counties that have an urban area; and

(2) Incorporated cities with a population of 5,000 or more. For the purposes of determining population, cities may include the population of any state correctional facility located within the city. Agencies exceeding population of 5,000 are eligible pending designation as a federal urban area following the next federal census.

Generally, the eligible agency will be designated as the project lead. However, the executive director may designate another agency as lead in the best interest of project completion or for convenience to both parties.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-14-111, filed 3/28/23, effective 4/28/23
  • WSR 12-08-060, § 479-14-111, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-14-111, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-14-121 What projects are eligible for urban program funding.

Eligible projects are:

(1) Improvements on federally classified routes;

(2) Within a city qualifying for urban designation upon the next federal census; or

(3) Within the urban area in counties.

Sidewalks with five feet minimum clear width are required on both sides of the arterial unless a deviation is granted under WAC 479-14-200.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-14-121, filed 3/28/23, effective 4/28/23
  • WSR 18-08-068, § 479-14-121, filed 4/2/18, effective 5/3/18
  • WSR 12-08-060, § 479-14-121, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-14-121, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-14-131 Award criteria for the urban program.

The board establishes the following criteria for use in evaluating urban program grant applications:

(1) Mobility improvements - Includes system connectivity, improves flow of vehicles and freight, and extends or completes corridor for network connections.

(2) Physical condition - Includes pavement, structural, and geometric design features of the arterial.

(3) Growth and development improvements - Provides or improves access to urban centers, economic development, supports annexation agreements, and increases residential density.

(4) Safety improvements - Addresses crash or severity reduction, reduction of roadway hazards, reduction of roadway deficiencies, and eliminates or reduces railroad at-grade crossing hazards.

(5) Sustainability - Improves mode accessibility, reduces or eliminates water detention, supports native vegetation, and encourages energy reduction technology and use of recycled materials, or increases the lifecycle of the facility.

(6) Constructability - Demonstrates a strong likelihood to achieve full funding, obtain permits, acquire right of way, and reach construction within the timelines established in WAC 479-05-211.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-14-131, filed 3/28/23, effective 4/28/23
  • WSR 22-07-023, § 479-14-131, filed 3/9/22, effective 4/9/22
  • WSR 12-08-060, § 479-14-131, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-14-131, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-14-141 Regions of the urban program.

The board allocates urban program funding across five regions to ensure statewide distribution of funds. The five regions are as follows:

(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.

(2) Northwest region includes eligible agencies within Clallam, Island, Jefferson, Kitsap, San Juan, Skagit, and Whatcom counties.

(3) Northeast region includes eligible agencies within Adams, Chelan, Douglas, Ferry, Grant, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.

(4) Southeast region includes eligible agencies within Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Klickitat, Walla Walla, and Yakima counties.

(5) Southwest region includes eligible agencies within Clark, Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Skamania, Thurston, and Wahkiakum counties.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-14-141, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-14-141, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-14-151 Funding distribution formula for the urban program.

The statewide distribution of urban program funds is allocated between regions according to the following formula:

The average of the ratios of region urban area population (RUP) divided by the statewide urban population (SUP) plus region functionally classified lane miles within the urban area (RFC) divided by statewide functionally classified lane miles within urban areas (SFC).

(RUP/SUP) + (RFC/SFC)
2

The board may adjust the regional allocation by plus or minus five percent of the total annual allocation to fully fund the approved list of regional projects. When requested by the board, TIB staff will update the regional allocation to ensure equitable distribution of funds.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-14-151, filed 10/29/15, effective 11/29/15
  • WSR 12-08-060, § 479-14-151, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-14-151, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-14-161 Matching requirement for the urban program.

The urban program provides funding which will be matched by other funds as follows:

(1) For cities:

(a) If the city valuation is under $1.0 billion, the matching rate is ten percent of total project costs.

(b) If the city valuation is $1.0 billion to $2.5 billion, the rate is fifteen percent of total project costs.

(c) If the city valuation is over $2.5 billion, the rate is twenty percent of total project costs.

(2) For counties:

(a) If the road levy valuation is under $3.0 billion, the rate is ten percent of total project costs.

(b) If the road levy valuation is between $3.0 billion to $10.0 billion, the rate is fifteen percent of total project costs.

(c) If the road levy valuation is over $10.0 billion, the rate is twenty percent of total project costs.

The board uses the current published valuation from the department of revenue.

(3) For transportation benefit districts, the match is based on the valuation of the city or county in which it is located. If the project lies within more than one city or county, the match is determined by the city or county that has the greatest valuation.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-14-161, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-14-161, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-14-200 Sidewalk deviation authorities for the urban and small city arterial programs.

The board recognizes the need for pedestrian facilities on arterial roadways and has required that sidewalks be provided under the urban program. A sidewalk deviation may be requested by the lead agency and may be granted under the following authorities:

(1) The executive director has administrative authority to grant sidewalk deviations as follows:

(a) On both sides if the roadway is a ramp providing access to a limited access route;

(b) On both sides of a designated limited access facility if:

(i) Route is signed to prohibit pedestrians; or

(ii) Pedestrian facilities are provided on an adjacent parallel route;

(c) On one side if the roadway is a frontage road immediately adjacent to a limited access route; or

(d) On one side if the roadway is immediately adjacent to a railroad or other facility considered dangerous to pedestrians.

(2) All other sidewalk deviation requests require board action.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-14-200, filed 10/29/15, effective 11/29/15
  • WSR 12-08-060, § 479-14-200, filed 4/3/12, effective 5/4/12
  • WSR 07-18-050, § 479-14-200, filed 8/30/07, effective 9/30/07.
Wash. Admin. Code § 479-14-211 Who is eligible to receive small city arterial program funding.

An eligible agency is an incorporated city or town that has a population of less than five thousand. For the purposes of determining population, cities may exclude the population of any state correctional facility located within the city.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-14-211, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-215 Small city match funding allocation.

Within the small city arterial program, up to ten percent of the annual allocation may be portioned as an amount available for small cities to match the minimum federal funding match required for local government federal aid transportation projects.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 18-08-068, § 479-14-215, filed 4/2/18, effective 5/3/18
  • WSR 12-08-060, § 479-14-215, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-221 What projects are eligible for small city arterial program funding.

To be eligible for funding from the transportation improvement account a small city street must be classified as an arterial by the board.

Arterials are paved streets connecting to other paved streets on both ends that are publicly owned by the city or a state route. Arterials must provide circulation within the network or provide access to at least twenty residential units, or equivalent trip generation, per point of access.

Alleys are not considered arterials.

Dead end paved streets may be determined by the board to be arterials if they serve significant generators of traffic or at least twenty residential units or equivalent trip generation.

New streets may be determined by the board to be arterials if they would meet the description of an arterial in this section after they are completed.

Gravel streets may be determined by the board to be arterials if they should be paved based on serving significant traffic generators only if the funded project results in a paved street.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-14-221, filed 10/29/15, effective 11/29/15
  • WSR 12-08-060, § 479-14-221, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-223 When is a sidewalk required for the small city arterial program.

A sidewalk is required on at least one side of the street when project scope includes full depth reconstruction or new construction on an arterial that:

(1) Is in a business district; or

(2) Connects significant pedestrian generators to a business district.

Unless a deviation is granted under WAC 479-14-200.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-14-223, filed 10/29/15, effective 11/29/15.
Wash. Admin. Code § 479-14-225 What is not eligible on state highways under the small city preservation program?

State highways in small cities are not eligible for preservation projects inside the curb face.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-14-225, filed 3/28/23, effective 4/28/23
  • WSR 15-22-052, § 479-14-225, filed 10/29/15, effective 11/29/15.
Wash. Admin. Code § 479-14-231 Award criteria for the small city arterial program.

The board establishes the following criteria for use in evaluating small city arterial program grant applications:

(1) Economic vitality – Improves central business district, considering all users.

(2) Physical condition - Includes pavement, structural, and geometric design features of the arterial.

(3) Safety improvements - Addresses crash or severity reduction, reduction of roadway hazards, reduction of roadway deficiencies, and eliminates or reduces railroad at-grade crossing hazards.

(4) Sustainability - Improves mode accessibility, reduces or eliminates water detention, supports native vegetation, and encourages energy reduction technology and use of recycled materials or increases the lifecycle of the facility.

(5) Constructability - Demonstrates a strong likelihood to achieve full funding, obtain permits, acquire right of way, and reach construction within the timelines established in WAC 479-05-211.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-14-231, filed 3/28/23, effective 4/28/23
  • WSR 15-22-052, § 479-14-231, filed 10/29/15, effective 11/29/15
  • WSR 12-08-060, § 479-14-231, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-241 Regions of the small city arterial program.

The board allocates small city arterial program funding across three regions to ensure statewide distribution of funds. The three regions are as follows:

(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.

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

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

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-14-241, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-251 Funding distribution formula for the small city arterial program.

The statewide distribution of small city arterial program funds is allocated between regions according to the following formula:

Region small city population divided by statewide small city population.

The board may adjust the regional allocation by plus or minus five percent of the total annual allocation to fully fund the approved list of regional projects. When requested by the board, staff will update the regional allocations to ensure equitable distribution of funds.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-14-251, filed 10/29/15, effective 11/29/15
  • WSR 12-08-060, § 479-14-251, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-261 Matching requirement for the small city arterial program.

The small city arterial program provides funding which will be matched by other funds as follows:

(1) If the city assessed valuation is greater than five hundred million, a match of ten percent will be contributed.

(2) If the city assessed valuation is from one hundred million to five hundred million, a five percent match will be contributed.

(3) If the city assessed valuation is under one hundred million, no cash match is necessary.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-14-261, filed 10/29/15, effective 11/29/15
  • WSR 12-08-060, § 479-14-261, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-270 Small city federal match funding eligibility and application.

(1) Cities with a population under five thousand may request grant funds to match a federal grant as part of the normal call for projects. The project must:

(a) Meet TIB eligibility requirements for the small city arterial program described under WAC 479-14-221; and

(b) Submit a TIB funding small city arterial program application form to apply for federal match funding.

(2) Cities with a population under five thousand may request grant funds to match federal transportation funding for emergent federal match projects. The project must:

(a) Meet TIB eligibility requirements for the small city arterial program described under WAC 479-14-221; and

(b) Submit a TIB funding small city arterial program application form.

Projects may be selected until the funding allocation is expended.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 18-08-068, § 479-14-270, filed 4/2/18, effective 5/3/18
  • WSR 12-08-060, § 479-14-270, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-271 Restriction on use of small city federal match funding.

Federal match funds are only for transportation projects funded through federal transportation grants.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 18-08-068, § 479-14-271, filed 4/2/18, effective 5/3/18
  • WSR 12-08-060, § 479-14-271, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-273 If small city federal match funding is fully allocated.

If an eligible application is received after all of the apportioned funding is committed, TIB may use small city preservation program funds as described in WAC 479-10-011 and 479-10-174. If all SCAP and SCPP funds are committed, the local agency may present their project to the board at the next scheduled board meeting after receiving the notice of denial from TIB staff. The notice of denial may be in the form of an email or letter.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-14-273, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-274 Small city match funding increases.

Increases in federal match funding for chosen projects may be made within the executive director's authority in accordance with WAC 479-01-060.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-14-274, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-402 Active transportation program subprograms.

In order to provide equity for project grant funding, the active transportation program is divided into the urban active transportation program and the small city active transportation program.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 22-07-023, § 479-14-402, filed 3/9/22, effective 4/9/22
  • WSR 12-08-060, § 479-14-402, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-411 Who is eligible to receive active transportation program funding.

Each of the subprograms has separate criteria for agency eligibility as follows:

(1) Urban active transportation program agency eligibility:

(a) Incorporated cities with a population of 5,000 and over.

(b) Counties with a federally designated urban area.

(2) Small city active transportation program agency eligibility: Incorporated cities with a population under 5,000.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-14-411, filed 3/28/23, effective 4/28/23
  • WSR 22-07-023, § 479-14-411, filed 3/9/22, effective 4/9/22
  • WSR 12-08-060, § 479-14-411, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-421 What projects are eligible for active transportation program funding.

Minimum project requirements for each subprogram are as follows:

(1) Urban active transportation program project eligibility:

(a) Must be on or related to a federally classified route; and

(b) Primary purpose of the project is transportation and not recreation.

(2) Small city active transportation program project eligibility:

(a) The project must be located on or related to a street within the TIB designated arterial system; and

(b) Primary purpose of the project is transportation and not recreation.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 26-09-006, s 479-14-421, filed 4/2/26, effective 5/3/26
  • WSR 23-08-032, § 479-14-421, filed 3/28/23, effective 4/28/23
  • WSR 22-07-023, § 479-14-421, filed 3/9/22, effective 4/9/22
  • WSR 13-24-092, § 479-14-421, filed 12/3/13, effective 1/3/14
  • WSR 12-08-060, § 479-14-421, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-431 Award criteria for the active transportation program.

The board establishes the following criteria for use in evaluating active transportation program grant applications for both urban and small city active transportation projects:

(1) Safety improvement - Projects that address hazard mitigation and crash reduction.

(2) Mobility access - Projects that improve or provide access to facilities including, but not limited to:

(a) Schools;

(b) Public buildings;

(c) Central business districts;

(d) Medical facilities;

(e) Activity centers;

(f) High density housing (including senior housing);

(g) Transit facilities;

(3) Completes or extends existing active transportation facilities.

(4) Completes or extends sidewalks to facilities listed in subsection (2) of this section that are identified in local agency latecomer agreements. The local agency must agree to collect the latecomer fee at the time of development and place the fee in its transportation improvement program.

(5) Local support - Addresses local needs and is supported by the local community.

(6) Constructability - Demonstrates a strong likelihood to reach construction within the timelines established in WAC 479-05-211.

(7) Sustainability - Right sizing sidewalk or shared use path width and material type, provides hardscaping and native plantings, addresses low impact development or natural drainage practices.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 23-08-032, § 479-14-431, filed 3/28/23, effective 4/28/23
  • WSR 22-07-023, § 479-14-431, filed 3/9/22, effective 4/9/22
  • WSR 18-08-068, § 479-14-431, filed 4/2/18, effective 5/3/18
  • WSR 12-08-060, § 479-14-431, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-441 Regions of the active transportation program.

The board allocates active transportation program funding across three regions to ensure statewide distribution of funds. The three regions are as follows:

(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.

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

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

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 22-07-023, § 479-14-441, filed 3/9/22, effective 4/9/22
  • WSR 12-08-060, § 479-14-441, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-451 Distribution formula for the active transportation program.

For the purpose of allocating funds, the active transportation program is divided into two subprograms, the urban active transportation program and the small city active transportation program. The distribution formulas are as follows:

(1) Urban active transportation program - The average of the ratios of region urban area population (RUP) divided by statewide urban population (SUP) plus region functionally classified lane miles within the urban area (RFC) divided by statewide functionally classified lane miles within urban areas (SFC).

The equation is as follows:

(RUP/SUP) + (RFC/SFC)
2

(2) Small city active transportation program - Region small city population divided by statewide small city population.

For either program, the board may adjust regional allocations by plus or minus five percent of the total annual allocation to fully fund the approved list of regional projects. When requested by the board, staff will update the regional allocations to ensure equitable distribution of funds.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 22-07-023, § 479-14-451, filed 3/9/22, effective 4/9/22
  • WSR 15-22-052, § 479-14-451, filed 10/29/15, effective 11/29/15
  • WSR 12-08-060, § 479-14-451, filed 4/3/12, effective 5/4/12.
Wash. Admin. Code § 479-14-461 Matching requirement for the active transportation program.

The active transportation program provides funding which will be matched by other funds as follows:

(1) The urban active transportation program provides funding which will be matched by other funds as follows:

(a) For cities:

(i) If the city valuation is under 1,000,000,000 dollars, the matching rate is 10 percent of total project costs.

(ii) If the city valuation is 1,000,000,000 dollars to 2,500,000,000 dollars, the rate is 15 percent of total project costs.

(iii) If the city valuation is over 2,500,000,000 dollars, the rate is 20 percent of total project costs.

(b) For counties:

(i) If the road levy valuation is under 3,000,000,000 dollars, the rate is 10 percent of total project costs.

(ii) If the road levy valuation is between 3,000,000,000 dollars to 10,000,000,000 dollars, the rate is 15 percent of total project costs.

(iii) If the road levy valuation is over 10,000,000,000 dollars, the rate is 20 percent of total project costs.

(c) For transportation benefit districts, the match is based on the valuation of the city or county in which the project is located. If the project lies within more than one city or county, the match is determined by the city or county that has the greatest valuation.

(2) The small city active transportation program provides funding which will be matched by other funds as follows:

(a) If the city assessed valuation is under 100,000,000 dollars, no cash match is necessary.

(b) If the city assessed valuation is from 100,000,000 dollars to 500,000,000 dollars, a 5 percent match will be contributed.

(c) If the city assessed valuation is greater than 500,000,000 dollars, a match of 10 percent will be contributed.

The board uses the current published valuation from the department of revenue.

History

  • Statutory Authority: Chapter 47.26 RCW. WSR 22-07-023, § 479-14-461, filed 3/9/22, effective 4/9/22
  • WSR 18-08-068, § 479-14-461, filed 4/2/18, effective 5/3/18
  • WSR 12-08-060, § 479-14-461, filed 4/3/12, effective 5/4/12.

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