WSR 09-22-066

EXPEDITED RULES

DEPARTMENT OF COMMERCE


[ Filed November 2, 2009, 9:21 a.m. ]

Title of Rule and Other Identifying Information: Chapter 365-120 WAC, State funding of local emergency shelter and transitional housing, operating and rent programs, details the conditions for state funding of emergency shelter and transitional housing, operating and rent programs. WAC 365-120-080 Eligibility for operating assistance for transitional housing, specifies that to be eligible for operating assistance, THOR projects must provide transitional housing to homeless families with children whose incomes are at or below fifty percent of the area median income. These operating subsidies are not to exceed thirty percent of the project's budget, and rents are not to exceed fifty percent of the income of the targeted population.

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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Heather Matthews, Washington State Department of Commerce, P.O. Box 48350, Olympia, WA 98501 , AND RECEIVED BY January 4, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 365-120-080 limits operating subsidies to fifty percent or less of the project's core operating budget, and limits rents to thirty percent or less of the income of the targeted population.

This proposal will change the language in WAC 365-120-080 to limit operating subsidies to not exceed fifty percent of the project's core operating budget, and to limit rents to not exceed thirty percent of the income of the targeted population. This will not adversely affect stakeholders because it reflects actual practice and the original intent of the rule.

In addition, the entirety of chapter 365-120 WAC had to be updated to comply with statutory changes to RCW 43.185C.210 that made certain homeless individuals and families without children eligible to be served by the transitional housing operating and rent program. WAC 365-120-010 had to be updated to reflect statutory authority under current RCWs.

Reasons Supporting Proposal: In 2001, several changes to the WAC were proposed by the homeless families advisory committee and approved by the department of community, trade, and economic development (CTED) (now commerce). The permanent rule that was filed with the CR-103 in WSR 02-05-012 inadvertently included typographical errors, resulting in the following language: "(2) Operating subsidies shall not exceed thirty percent of the project's core operating budget for the year. (3) Rents shall not exceed fifty percent of the income of the targeted population." The transcript from the hearing held on January 8, 2002, confirms that the intent was to limit operating subsidies to not exceed fifty percent of the project's core operating budget, and to limit rents to not exceed thirty percent of the income of the targeted population. This proposal will correct that mistake. The other changes to this rule are being made to comply with statutory changes to RCW 43.185C.210 and to bring the statutory authority up to date.

Statutory Authority for Adoption: RCW 43.185C.210(6).

Statute Being Implemented: RCW 43.185C.210.

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

Name of Proponent: Washington state department of commerce, governmental.

Name of Agency Personnel Responsible for Drafting: Heather Matthews, 906 Columbia Street S.W., Olympia, WA 98501, (360) 725-5002; Implementation and Enforcement: Annie Conant, 906 Columbia Street S.W., Olympia, WA 98501, (360) 725-2919.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This has no fiscal impact and will not create additional implementation or enforcement barriers, since statutory changes have already been incorporated into contracts. It will not adversely affect stakeholders because it reflects actual practice and intent of the rule.

November 2, 2009

Marie Sullivan

Director of Government Relations

OTS-2733.3


AMENDATORY SECTION(Amending WSR 00-05-020, filed 2/8/00, effective 3/10/00)

WAC 365-120-010   Authority.   These rules are adopted under the authority of RCW ((43.63A.060)) 43.185C.210(6), which provides that the ((director shall make such rules and regulations and do all other things necessary and proper to carry out the purposes of chapter 43.63A RCW. RCW 43.63A.065(2) provides that among its functions and responsibilities the department shall administer state and federal grants and programs which are assigned to the department by the governor or the legislature)) department may develop rules, requirements, procedures, and guidelines as necessary to implement and operate the transitional housing operating and rent program. RCW 43.63A.650 provides that the department shall be the principal state department responsible for providing shelter and housing services to homeless families with children.

[Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999 c 267. 00-05-020, 365-120-010, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 43.63A.060. 87-19-112 (Order 87-12), 365-120-010, filed 9/18/87; 86-03-008 (Order 85-19), 365-120-010, filed 1/6/86.]


AMENDATORY SECTION(Amending WSR 00-05-020, filed 2/8/00, effective 3/10/00)

WAC 365-120-030   Definitions.   (1) "Applicant" means a public or private nonprofit organization or agency, including local government entities, or a combination thereof, which applies for state emergency shelter or transitional housing program funds.

(2) "Congregate care facility" means a licensed boarding home or a licensed private establishment which has entered into a congregate care contract with the department of social and health services.

(3) "Contractor" means an applicant who has been awarded state funds under the emergency shelter or transitional housing, operating and rent program and which has entered into a contract with the department to provide emergency shelter or transitional housing services.

(4) "Crisis residential center" means an agency operated under contract with the department of social and health services to provide temporary protective care to children in a semi-secure residential facility in the performance of duties specified and in a manner provided in RCW 13.32A.010 through 13.32A.200 and 74.13.032 through 74.13.036.

(5) "Current or continuous provider" means an agency or organization that currently provides or has provided emergency shelter assistance for some period during the most recent fiscal year.

(6) "Department" means the department of ((community, trade, and economic development)) commerce.

(7) "Detoxification center" means a public or private agency or program of an agency that is operated for the purpose of providing residential detoxification services for those suffering from acute alcoholism.

(8) "Director" means the director of the department of ((community, trade, and economic development)) commerce.

(9) "Emergency shelter assistance program" means the statewide administrative activities carried out within the department of ((community, trade, and economic development)) commerce to allocate, award, and monitor state funds appropriated to assist local emergency shelter and homelessness prevention programs.

(10) "Emergency shelter program" means a program within a local agency or organization that provides emergency shelter assistance.

(11) "Families with children" means pregnant women or one or more adults with dependent children under eighteen, including pregnant and parenting teens.

(12) "Group care facility" means an agency maintained and operated for the care of a group of children on a twenty-four-hour basis.

(13) "Homeless" means persons, including families, who, on one particular day or night, do not have a decent and safe shelter or sufficient funds to purchase a place to stay.

(14) "Homelessness prevention" means the following activities or programs designed to prevent the incidence of homelessness:

(a) Subsidies to help defray rent or mortgage arrearages for individuals or families faced with eviction or foreclosure.

(b) Security and damage deposits to enable a homeless individual or family to move into their own housing.

(c) Initial rent costs to enable a homeless individual or family to move into his or her own housing.

(d) Case management to assist individuals and families to remain in their housing or to look for permanent housing.

(e) Landlord-tenant mediation, conciliation or other forms of dispute resolution or negotiation which will keep people in housing or help people with housing barriers to obtain a lease.

(15) "Housing stability plan" means a set of goals and course of action set by the assisted family or individual and housing support staff, to aid the family or individual in transitioning to stable housing and the highest attainable level of self-sufficiency.

(16) "Participating agency" means a local public or private nonprofit organization, which enters into a subcontract with a lead agency contractor to provide emergency shelter assistance.

(17) "Religious service" means any sectarian or nondenominational service, rite, or meeting that involves worship of a higher being.

(18) "Rental assistance" means no less than ninety-one days and no more than twenty-four months of assistance to help homeless families with children and other populations described in RCW 43.185C.210(1) pay the cost of rent and utilities for amounts that are consistent with local practices.

(19) "Safe home" means a private home where short-term emergency shelter is provided primarily to victims of domestic violence.

(20) "Short-term" means one to ninety days.

(21) "Transitional housing" means housing provided for no less than ninety-one days and no more than twenty-four months.

(22) "Transitional housing, operating and rent program" or "transitional housing program" means the statewide administrative activities carried out within the department to allocate, award and monitor state funds appropriated to local communities to provide operating assistance for transitional housing units and partial rental assistance to homeless families with children and other populations described in RCW 43.185C.210(1).

(23) "Voucher system" means a method of purchasing emergency shelter assistance by the night using a notification coupon.

[Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999 c 267. 00-05-020, 365-120-030, filed 2/8/00, effective 3/10/00. Statutory Authority: RCW 43.63A.060. 87-19-112 (Order 87-12), 365-120-030, filed 9/18/87; 86-20-011 (Order 86-15), 365-120-030, filed 9/22/86; 86-03-008 (Order 85-19), 365-120-030, filed 1/6/86.]


AMENDATORY SECTION(Amending WSR 02-05-012, filed 2/8/02, effective 3/11/02)

WAC 365-120-080   Eligibility for operating assistance for transitional housing.   (1) Projects must provide transitional housing in a structure designed for the targeted population of homeless families with children whose incomes are at or below fifty percent of the area median income.

(2) Operating subsidies shall not exceed ((thirty)) fifty percent of the project's core operating budget for the year.

(3) Rents shall not exceed ((fifty)) thirty percent of the income of the targeted population.

[Statutory Authority: Chapter 43.63A RCW, RCW 43.63A.650, 1999 c 267. 02-05-012, 365-120-080, filed 2/8/02, effective 3/11/02; 00-05-020, 365-120-080, filed 2/8/00, effective 3/10/00.]


AMENDATORY SECTION(Amending WSR 00-05-020, filed 2/8/00, effective 3/10/00)

WAC 365-120-090   Eligibility for rental assistance.   (1) Programs must provide rental assistance to ((homeless families with children whose incomes are at or below fifty percent of the area median)) populations described in RCW 43.185C.210(1).

(2) Assistance must be provided for no less than ninety-one days and no more than twenty-four months to help pay the cost of rent and utilities.

(3) Households must sign a written agreement to participate in a housing stability plan.

(4) Rent subsidies must be appropriate to ((individual family)) the incomes of the families or individuals.

(5) Local program administrators must have written program policies and procedures describing tenant selection, assistance denial or termination, housing safety standards, and a minimum tenant rent payment.

[Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999 c 267. 00-05-020, 365-120-090, filed 2/8/00, effective 3/10/00.]

Washington State Code Reviser's Office