WSR 10-19-108

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF TRANSPORTATION


[ Filed September 21, 2010, 10:58 a.m. ]

Subject of Possible Rule Making: WAC 468-34-320 Conversion to underground or relocation of overhead lines -- Responsibility.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 47.24.020, 47.52.210, 36.75.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The need to remove language in the WAC that is in direct conflict with the Washington State Constitution (18th amendment) that currently allows for the expenditure of motor vehicle funds (MVF) for nonhighway purposes, specifically visual quality. To eliminate the possibility of misuse of MVF or the interpretation that the department of transportaion [transportation] has the authority to spend MVF in this manner.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Rhonda Wiest, P.O. Box 47329, Olympia, WA 98504-7329, (360) 705-7318.

September 21, 2010

Stephen T. Reinmuth

Chief of Staff

Washington State Code Reviser's Office