WSR 08-16-049

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket TN-080875 -- Filed July 30, 2008, 8:16 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-12-085.

Title of Rule and Other Identifying Information: WAC 480-31-080 Private, nonprofit transportation providers--Fees and annual report.

Hearing Location(s): Commission Hearing Room 206, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on October 1, 2008, at 1:30 p.m.

Date of Intended Adoption: October 1, 2008.

Submit Written Comments to: Washington Utilities and Transportation Commission, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, e-mail records@utc.wa.gov, fax (360) 586-1150, by September 8, 2008. Please include "Docket TN-080875" in your comments.

Assistance for Persons with Disabilities: Contact Mary De Young by September 29, 2008, TTY (360) 586-8203 or (360) 664-1133.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington utilities and transportation commission (commission) proposes to remove the annual vehicle fee for nonprofit transportation providers from rule and to set the fee by order each year. This allows the commission more flexibility in adjusting the fee, either up or down, to meet the intent of RCW 81.66.030, which requires the commission to charge fees that approximate the cost of regulation.

Reasons Supporting Proposal: The proposed rule eliminates prescriptive language to allow more flexibility.

Statutory Authority for Adoption: RCW 80.01.040, 81.04.160, 81.66.030.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Washington utilities and transportation commission, governmental.

Name of Agency Personnel Responsible for Drafting: Betty Young, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1202; Implementation and Enforcement: David W. Danner, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1208.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will not result in or impose more than minor costs as defined in RCW 19.85.020(2). Because there will not be more than minor increase in costs resulting from the proposed rule changes, a small business economic impact statement is not required under RCW 19.85.030(1).

A cost-benefit analysis is not required under RCW 34.05.328. The commission is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules of the sort referenced in RCW 34.05.328(5).

July 30, 2008

David W. Danner

Executive Director

and Secretary

OTS-1783.1


AMENDATORY SECTION(Amending Docket No. T-051359, General Order No. R-529, filed 3/15/06, effective 4/15/06)

WAC 480-31-080   Fees and annual report.   (1) A private, nonprofit transportation provider must pay to the commission ((the sum of ten dollars annually)) an annual fee for each vehicle operated. The fee is established by commission order. The provider must pay the annual fee with the filing of the annual report.

(2) At the close of each calendar year, every provider must secure from the commission the proper forms and file with the commission its annual report as soon as possible after the close of the calendar year, but no later than May 1st of the succeeding year.

[Statutory Authority: RCW 80.01.040(4), 81.04.160. 06-07-100 (Docket No. T-051359, General Order No. R-529), 480-31-080, filed 3/15/06, effective 4/15/06. Statutory Authority: RCW 80.01.040 and chapter 80.01 RCW. 97-08-037 (Order R-440, Docket No. TC 961102), 480-31-080, filed 3/27/97, effective 4/27/97.]

Washington State Code Reviser's Office