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

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

(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.

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

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.

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

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.

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.

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.

For both of the subprograms, TIB does not participate in the cost for right of way acquisitions.

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.

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.

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:

(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.

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.