PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: This rule making will amend chapter 173-322 WAC, Remedial action grants and loans. The rule making will propose amendments to:
| • | Create provisions for an extraordinary financial hardship loan program with deferred terms and conditions that may not be indefinite; |
| • | Address that extraordinary financial hardship loans must be approved by the director; |
| • | Address "general housekeeping" issues such as providing definition and reference clarifications. |
Statutes Authorizing the Agency to Adopt Rules on this Subject: The Model Toxics Control Act (MTCA), chapter 70.105D RCW, provides the statutory authority for this rule. Specifically, RCW 70.105D.070(7) provides ecology authority to adopt rules for grant or loan issuance and performance for grant and loan programs.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rule revisions are necessary to create provisions for an extraordinary financial hardship loan program with deferred terms and conditions that may not be indefinite. Extraordinary financial hardship loans must be approved by the director. This rule making would allow small governmental entities with limited finances more loan options. The difference between the regular loans and the hardship loans is the complete inability to repay the loan under present circumstances (from any source of finding, whether insurance, bonds, taxes, etc.) and the director approval to grant deferred terms and conditions. Other changes envisioned are minor and involve definition and reference clarifications.
Process for Developing New Rule: This rule making is to amend an existing rule. The public will be provided the opportunity to comment on the proposed rule. A minimum of one public hearing will be conducted. Additionally, the proposed amendments will be posted on the department web site and will be provided to parties that have identified themselves as interested parties.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kathi Scanlan, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98605-7600 [98506-7600], phone (360) 407-6559, e-mail ksca461@ecy.wa.gov.
August 29, 2006
Cullen D. Stephenson, Program Manager
Solid Waste and Financial Assistance Program