WSR 04-01-097

EXPEDITED RULES

ENERGY FACILITY

SITE EVALUATION COUNCIL

[ Filed December 16, 2003, 2:15 p.m. ]

Title of Rule: WAC 463-06-040 Meetings [Monthly meetings], this rule identifies the schedule for regular meetings of the Energy Facility Site Evaluation Council and its executive committee.

Purpose: Repeal of WAC 463-06-040 Monthly meetings.

Statutory Authority for Adoption: RCW 80.50.040.

Summary: The council has determined that WAC 463-06-040 is not necessary due to legislative changes to its membership, its variability in workload year-to-year, and the requirements of the Open Public Meetings Act (chapter 42.30 RCW) that require yearly publication of the council's meeting schedule in the state register as well as other meeting notification requirements.

Reasons Supporting Proposal: See above and Explanation of Rule below.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Allen J. Fiksdal, 925 Plum Street, Olympia, WA 98504-3172, (360) 956-2152.

Name of Proponent: Energy Facility Site Evaluation Council, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Legislative changes in 2001 reduced the number of agencies represented on the council. As a result the council has changed internal operational circumstances and has eliminated the need of an executive committee. Over the past few years the council has needed to vary the frequency of meetings to match its workload as a result of a quickly changing energy market. The repeal of WAC 463-06-040 is intended to give the council more flexibility regarding its regularly scheduled meetings due to changing circumstances that it expects in the future regarding siting and monitoring of energy facilities.

Under chapter 42.30 RCW boards and commissions like the Energy Facility Site Evaluation Council must publish their regular meeting schedule at the beginning of each year in the state register. The council also sends its meeting agendas to a mail list prior to each meeting. The publication of a meeting schedule in the state register and issuance of agendas informs the public of the council meetings. If workload requires changes to regular meeting schedules, then notification in the state register is more timely and efficient than changes to a rule.

Because of the meeting notification procedures in chapter 42.30 RCW repeal of WAC 463-06-040 will not cause any reduction in public notification or awareness of the council's meeting schedule.

Proposal Changes the Following Existing Rules: Repeal of WAC 463-06-040 Monthly meetings.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Allen J. Fiksdal, Energy Facility Site Evaluation Council, P.O. Box 43172, Olympia, WA 98504-3172 , AND RECEIVED BY February 24, 2004.


December 16, 2003

Allen J. Fiksdal

EFSEC Manager


REPEALER

Repeal Section: WAC 463-06-040 Monthly meetings.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office