WSR 05-15-061

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed July 12, 2005, 9:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-12-111.

Title of Rule and Other Identifying Information: WAC 180-33-035 Minimum project -- Forty percent of replacement costs.

Hearing Location(s): Educational Service District 123, 3918 West Court Street, Pasco, WA 98301, on August 25, 2005, at 8:30 a.m.

Date of Intended Adoption: August 26, 2005.

Submit Written Comments to: Larry Davis, Executive Director, P.O. Box 47206, Olympia, WA 98504-7206, e-mail ldavis@ospi.wednet.edu, fax (360) 586-2357, by August 10, 2005.

Assistance for Persons with Disabilities: Contact Laura Moore, Executive Assistant, by August 10, 2005, TTY (360) 664-3631 or (360) 725-6025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes set the area cost allowance (ACA) for school construction projects for the 2005 and 2006 release of state funds.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: RCW 28A.525.200 and 28A.525.020.

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

Name of Proponent: State Board of Education, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, Washington, (360) 725-6025.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

July 8, 2005

Larry Davis

Executive Director

OTS-8197.1


AMENDATORY SECTION(Amending WSR 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-33-035   Minimum project -- Forty percent of replacement costs.   (1) State assistance in modernization of school facilities shall be limited to projects which may include an entire facility or one or more complete buildings within a facility for which the estimated cost of major structural change is not less than forty percent of the estimated cost of replacement. The estimated cost of major structural change shall not include the estimated capital costs associated with restoring building systems or subsystems due to deterioration as determined in the study and survey to be caused by deferred maintenance. The estimated cost of replacement shall be derived from multiplication of the total square foot area of the facility or facilities proposed for modernization by the area cost allowance for the fiscal year funded as in WAC 180-27-045 set forth.

(2) The state board of education may grant a waiver from subsection (1) of this section in the event of an unanticipated increase in the area cost allowance that might cause prior approved projects expecting state assistance to become disqualified for such assistance.

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, 180-33-035, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] 91-12-058, 180-33-035, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), 180-33-035, filed 11/27/85; 83-21-071 (Order 16-83), 180-33-035, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-035, filed 12/1/81.]

Washington State Code Reviser's Office