WSR 04-16-103

PROPOSED RULES

DEPARTMENT OF CORRECTIONS


[ Filed August 3, 2004, 3:10 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-16-071.

Title of Rule and Other Identifying Information: Chapter 137-59 WAC, Facility siting.

Hearing Location(s): At the Everett Community Justice Center, 8625 Evergreen Way, Suite 100, Everett, WA 98208, on September 21, 2004, at 11 a.m.; at the Pierce County Community Justice Center, 1016 South 28th Street, Room 244, Tacoma, WA 98409, on October 1, 2004, at 11 a.m.; at the Spokane Community Justice Center, 715 East Sprague, Suite 107, Spokane, WA 99202, on September 30, 2004, at 9 a.m.; and at the Yakima Community Justice Center, 202 West Yakima Avenue, Suite 200, Yakima, WA 98902, on September 29, 2004, at 1 p.m.

Date of Intended Adoption: October 11, 2004.

Submit Written Comments to: John R. Nispel, 410 West 5th Avenue, Mailstop 41114, Olympia, WA 98504-1114, e-mail JRNISPEL@DOC1.WA.GOV, fax (360) 664-2009, by September 20, 2004.

Assistance for Persons with Disabilities: Contact David Smith by September 20, 2004, (360) 753-5770.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this chapter is to establish rules pertaining to the integration of the policies and procedures of the State Environmental Policy Act (SEPA) chapter 43.21C RCW, into the activities and actions of the Department of Corrections in siting new prisons.

Reasons Supporting Proposal: The department needs to standardize the facility siting process to ensure environmental and community concerns are addressed in the siting process.

Statutory Authority for Adoption: RCW 72.01.090.

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

Name of Proponent: Department of Corrections, Office of Administrative Services, Capital Planning and Development, governmental.

Name of Agency Personnel Responsible for Drafting: Barbara L. Parry, 410 West 5th Avenue, Mailstop 41114, Olympia, WA 98504-1114, (360) 664-0867; Implementation and Enforcement: Bill E. Phillips, 410 West 5th Avenue, Mailstop 41112, Olympia, WA 98504-1112, (360) 586-3907.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Siting of a prison facility will not impact small business.

A cost-benefit analysis is not required under RCW 34.05.328. Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party.

August 3, 2004

Patria N. Robinson-Martin

for Joseph D. Lehman

Secretary

OTS-7412.2

Chapter 137-59 WAC

FACILITY SITING


NEW SECTION
WAC 137-59-010   Definitions.   As used in this chapter, the following terms shall have the following meanings:

(1) "Secretary" means the secretary of the department of corrections or his/her designee.

(2) "Department" means the department of corrections.

(3) "Prisons" shall mean and include all Washington state adult correctional facilities established pursuant to law under the jurisdiction of the department of corrections for the incarceration of felons sentenced to a term of total confinement of more than one year. This definition specifically excludes facilities of partial confinement, as defined by RCW 9.94A.030(31).

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NEW SECTION
WAC 137-59-020   Purpose.   The purpose of this chapter is to establish rules pertaining to the integration of the policies and procedures of the State Environmental Policy Act (SEPA) chapter 43.21C RCW, into the activities and actions of the department of corrections in siting new prisons. The location of a prison is an important consideration for the department, the public, local government, and other interested parties. Community acceptance and support of a prison by community members and by local government is important to the success of its operation and in the reintegration of offenders. Environmental review throughout the site identification and site selection process is an important element in community acceptance and support. This chapter prescribes the procedures for public involvement in the selection of new prison sites to insure due diligence on environmental matters from the earliest stages of the site selection process through the integration of the policies and procedures of the SEPA, and the regulations promulgated under chapter 197-11 WAC; and to set forth department procedures in regard to SEPA requirements for siting of new correctional facilities.

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NEW SECTION
WAC 137-59-030   Siting forms.   (1) Official forms will be utilized to gather and evaluate proposed site information. The department will consider factors dealing with physical attributes of the proposed site, land use attributes, environmental characteristics, community acceptance, and community infrastructure and regional support in making its siting decision. Copies of all official forms are available at the office of administrative services, capital planning and development (CPD), 410 West 5th Street, P.O. Box 41112, Olympia, Washington 98504-1112.

(2) Local jurisdictions shall use the forms "Confirmation of Intent to Respond" and "Preliminary Questionnaire" to notify capital planning and development (CPD) of any proposed sites for further consideration. The official forms request information about prospective site suggestions such as land use attributes, environmental characteristics, and community support.

(3) The department will review all proposed sites submitted by local jurisdictions.

(4) Local jurisdictions whose sites have been selected shall be so notified and asked to complete the "Site Information Questionnaire" form within sixty days of said notification.

(5) The department shall evaluate all "Site Information Questionnaire" forms returned by local jurisdictions. The evaluation criteria used for evaluation purposes is provided in the "evaluation criteria" section of the "Site Information Questionnaire" form.

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NEW SECTION
WAC 137-59-040   SEPA.   The definitions set forth in chapter 197-11 WAC are hereby incorporated by reference into this chapter and should be referred to if necessary. These rules are supplemental to chapter 43.21C RCW and chapter 197-11 WAC and are not intended to provide a comprehensive description of the SEPA requirements listed therein.

The department's office of administrative services, CPD, shall be responsible for complying with the threshold determination procedures of WAC 197-11-300 through 197-11-390; and shall be responsible for the supervision, or actual preparation of draft and final SEPA documents pursuant to WAC 197-11-400 through 197-11-460, including the circulation of such statements for comment pursuant to WAC 197-11-502, and conducting public hearings that may be required by chapter 197-11 WAC.

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NEW SECTION
WAC 137-59-050   Preliminary identification of sites.   (1) When directed by the secretary to initiate the siting process for a new prison, the administrator of the CPD shall provide to all interested local jurisdictions an information packet identifying the site selection standards. Local jurisdictions shall complete the "Confirmation of Intent to Respond" form and the "Preliminary Questionnaire" form provided by the department. The sites proposed by jurisdictions, and chosen for further consideration by the secretary, will receive the appropriate "Site Selection Questionnaire" form for completion. Based on the information provided by the jurisdictions, the department shall use the siting selection evaluation criteria to rank the proposed sites. The secretary shall announce through publication in the Washington State Register the potential sites for which the department shall prepare environmental studies in accordance with chapter 197-11 WAC.

(2) The department shall provide notice to the media regarding the process and the sites selected for study including, but not limited to, publication in a newspaper of general circulation in the county or counties where the sites are located.

(3) The department shall hold public meeting(s) in the counties for an unincorporated area or in the cities or towns in which the sites selected for study are located. The department shall publish a notice of the public meeting(s) in a newspaper of general circulation in each area at least ten days prior to the public meeting(s). The purpose of the public meeting(s) is to announce the potential sites for which the department shall prepare environmental studies in accordance with chapter 197-11 WAC.

(4) After the meeting(s), the secretary shall make a final determination of the site selected for the new prison.

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NEW SECTION
WAC 137-59-060   Consideration of environmental impact in siting.   (1) Evaluation of sites selected for study from the preliminary identification process shall include compliance with chapter 197-11 WAC. The department shall cause to be prepared draft and final SEPA documents as may be required under chapter 197-11 WAC. Important consideration shall be given to the impacts and mitigations identified by the environmental impact statement prepared for each finalist site. The secretary or his/her designee shall be responsible for making final decisions regarding threshold determinations, adequacy of draft SEPA documents and adequacy of final SEPA documents where the department is the lead agency.

(2) The department, office of CPD, shall be responsible for submitting the necessary data set forth in WAC 137-59-040 to the secretary for his/her decision.

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NEW SECTION
WAC 137-59-070   Final site selection.   When a final site for a new prison has been selected, the secretary shall cause written notice to be given to all of the following:

(1) The state senator and the state representatives whose legislative district includes the final site.

(2) Any state senator and state representative whose legislative district is located within five miles of the final site.

(3) Each member of the governing body of the city or town in which the final site is located, or if final site is in an unincorporated area, each member of the county board.

(4) Each member of the governing board of the local school district on which the final site is located.

(5) The state of Washington department of ecology.

(6) The head of each local law enforcement agency in the county and/or city where the final site is located.

(7) The designated point of contact of any organization that has previously requested in writing with the department to receive notice of final site selection.

(8) The local fire and utility districts where the final site is located.

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NEW SECTION
WAC 137-59-080   One-time impact fees.   In addition to mitigation of environmental impacts identified through the SEPA documentation process, the department may pay a one-time impact fee to the municipality selected as the site of the new prison. The one-time impact fee shall be identified in the final SEPA documents and shall be the sole source of reimbursement by the department to the municipality selected for one-time impacts. The one-time impact fee shall be paid upon the opening of the new prison and is subject to appropriation of funding by the state legislature specifically for this purpose.

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