Title 226 WAC — Freight Mobility Strategic Investment Board

Chapter 226-01 Description of organization.

Wash. Admin. Code § 226-01-010 Purpose and authority.

Chapter 47.06A RCW requires that the freight mobility strategic investment board provides strategic guidance to the governor and the legislature regarding the highest priority freight mobility needs in the state and identifies and recommends a program of the highest priority freight investments. The board shall adopt reasonable rules and procedures necessary to implement the freight mobility program.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-010, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-01-010, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-01-020 Freight mobility program intent.

It is the policy of the state of Washington that limited public transportation funding and competition between freight and general mobility improvements for the same fund sources require strategic, prioritized freight investments that reduce barriers to freight movement, maximize cost-effectiveness, yield a return on the state's investment, require complementary investments by public and private interests, and solve regional freight mobility problems. State financial assistance for freight mobility projects must leverage other funds from all potential partners and sources, including federal, county, city, port district, and private capital.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 99-18-048, § 226-01-020, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-01-040 Time and place of meetings.

By December of each year, the board shall adopt a calendar showing the date and location of board meetings for the following year.

A special meeting of the board may be called by the chairperson or by a majority of the members of the board, by written electronic notice to all other members of the board at least 24 hours before the time of such meeting as specified in the notice. The notice calling a special meeting shall state the purpose for which the meeting is called and the date, hour, and place of such meeting, and all provisions of chapter 42.30 RCW shall apply.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-040, filed 11/17/25, effective 12/18/25
• WSR 02-08-076, § 226-01-040, filed 4/3/02, effective 5/4/02
• WSR 99-18-048, § 226-01-040, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-01-050 Address of board.

The official address of the freight mobility strategic investment board is:

1111 Washington Street S.E.

P.O. Box 40965

Olympia, WA 98504-0965

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-050, filed 11/17/25, effective 12/18/25
• WSR 16-01-190, § 226-01-050, filed 12/23/15, effective 1/23/16
• WSR 02-08-076, § 226-01-050, filed 4/3/02, effective 5/4/02
• WSR 99-18-048, § 226-01-050, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-01-070 Administration costs.

The board costs for necessary services and facilities that are attributable to the freight mobility strategic investment program shall be paid from the biennial appropriation.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 99-18-048, § 226-01-070, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-01-080 Applications for freight mobility projects.

When requested by the board, applications for proposed projects shall be submitted to the board by public entities seeking recommendation from FMSIB to the legislature. The application form will be provided by the board.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-080, filed 11/17/25, effective 12/18/25.

Wash. Admin. Code § 226-01-090 Selection process for freight mobility projects.

The board shall use a multicriteria analysis and scoring framework, which may be periodically refined, for evaluating and ranking eligible freight mobility and freight mitigation projects. The prioritization process shall measure the degree to which projects address important program objectives and shall generate a project score that reflects a project's recommendation compared to other projects. In addition to assigning scoring points to each criterion that indicate the relative importance of the criterion, the board may also consider other elements in the overall determination of project recommendation.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-090, filed 11/17/25, effective 12/18/25.

Wash. Admin. Code § 226-01-110 Methods of construction.

All construction by a public entity shall comply with the local agency guidelines (LAG) as described in the award letter issued by the board and WSDOT local programs.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-110, filed 11/17/25, effective 12/18/25.

Wash. Admin. Code § 226-01-111 Project modification and scope change.

When necessary, the board, in consultation with WSDOT local programs, may issue concurrence on a project phase modification or scope change. Projects seeking phase modifications or scope change must provide in-writing justification, including cost and delivery date adjustments. Scope or phase modifications shall not be considered beyond the biennium for which the project was appropriated.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-111, filed 11/17/25, effective 12/18/25.

Wash. Admin. Code § 226-01-112 Lack of performance on freight mobility projects.

To ensure that freight mobility projects remain on schedule, the board, in consultation with WSDOT local programs, will monitor the project progress based on at least semi-annual local project reports and reimbursement payments on the project.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-112, filed 11/17/25, effective 12/18/25.

Wash. Admin. Code § 226-01-113 Work progress on freight mobility projects.

The lead agency must begin work on a project within 12 months of the date the project has been appropriated unless otherwise stipulated in joint communications issued by the board and WSDOT local programs. To determine if work has begun, the board will assess the project progress as compared to the information provided to the board when the project was authorized for funding.

If project activity has not started and it appears the project is falling behind the proposed schedule, the board may review the project status to determine if the board should make a recommendation to the legislature to withdraw funding from the project and reallocate to another proposed project.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-113, filed 11/17/25, effective 12/18/25.

Wash. Admin. Code § 226-01-114 Cost increases on freight mobility projects.

Unless authorized by the legislature, increases in freight mobility funds will not be available.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-01-114, filed 11/17/25, effective 12/18/25.

Chapter 226-02 Public access to information and records.

Wash. Admin. Code § 226-02-010 Purpose.

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

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-02-010, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-02-010, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-02-020 Public records officer.

The freight mobility strategic investment board public records shall be in the charge of the executive director, who shall be the public records officer for the board. The public records officer shall be responsible for implementation of the board's rules and regulations regarding release of public records, coordinating staff efforts of the board in this regard, and generally ensuring compliance of the staff with the public records disclosure requirements of chapter 42.56 RCW.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-02-020, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-02-020, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-02-030 Public records available.

Public records shall be available for inspection and copying from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-02-030, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-02-030, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-02-040 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 FMSIB offices, receive a copy by mail, or receive an electronic copy if available.

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

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-02-040, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-02-040, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-02-060 Inspection and copying cost.

(l) No fee shall be 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 47.06A RCW. WSR 25-23-057, s 226-02-060, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-02-060, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-02-070 Protection of public records.

In order to implement the provisions of chapter 42.56 RCW, requiring agencies to enact reasonable rules to protect public records from damage or disorganization, the following rules have been adopted.

(1) Copying of public documents shall be done by board personnel and under the supervision of said personnel, upon the request of members of the public under the procedures specified in WAC 226-02-040.

(2) No document shall be physically removed by a member of the public from the area designated by the board for the public inspection of documents for any reason whatsoever.

(3) When a member of the public requests to examine an entire file or group of documents, as distinguished from a request to examine certain individual documents which can be identified and supplied by themselves, the board shall be allowed a reasonable time to inspect the file to determine whether information protected from disclosure by RCW 42.56.040 is contained therein, and the board shall not be deemed in violation of its obligation to reply promptly to requests for public documents by reason of causing such an inspection to be performed.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-02-070, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-02-070, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-02-080 Denial of request.

(1) The board shall determine which public records requested in accordance with these rules are exempt under the provisions of RCW 42.56.040 or other statute.

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

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-02-080, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-02-080, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-02-090 Review of agency denial.

Whenever a person objects to a conclusion that a public record is exempt from disclosure, the person may request the attorney general to review the matter in accordance with RCW 42.56.530.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-02-090, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-02-090, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-02-100 Records index.

(1) The board has available for public inspection and copying at its offices in Olympia a current index of the following records:

(a) State legislation and proposed rules and regulations pertaining to board standards.

(b) Those statements of policy and interpretations of policy, statute and bylaws which have been adopted by the board;

(c) Minutes of board meetings;

(d) Resolutions approved by the board;

(e) FMSIB program guidelines;

(f) Budgets and expenditures.

(2) A system of indexing shall be as follows:

(a) The indexing system will be administered by the board's public records officer.

(b) Copies of the index shall be available for public inspection and copying in the manner provided in this chapter.

History

• Statutory Authority: Chapter 47.06A RCW. WSR 25-23-057, s 226-02-100, filed 11/17/25, effective 12/18/25
• WSR 99-18-048, § 226-02-100, filed 8/27/99, effective 9/27/99.

Wash. Admin. Code § 226-02-110 Availability.

The board's current index 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 47.06A RCW. WSR 99-18-048, § 226-02-110, filed 8/27/99, effective 9/27/99.