WSR 17-16-140 PROPOSED RULES BOARD OF PILOTAGE COMMISSIONERS [Filed August 1, 2017, 10:37 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-11-125.
Title of Rule and Other Identifying Information: WAC 363-116-301 New revenue collection.
Hearing Location(s): 2901 Third Avenue, 1st Floor, Agate Conference Room, Seattle, WA 98121, on September 21, 2017, at 10:00 a.m.
Date of Intended Adoption: September 21, 2017.
Submit Written Comments to: Sheri J. Tonn, Chair, 2901 Third Avenue, Suite 500, Seattle, WA 98121, email BeverJ@wsdot.wa.gov, fax (206) 515-3906, by September 18, 2017.
Assistance for Persons with Disabilities: Contact Shawna Erickson by September 18, 2017, (206) 515-3647.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this filing is to comply with legislative intent, through the passage of ESB 5096, by establishing new WAC 363-116-301 New revenue collection. ESB 5096 stipulates certain conditions in order for the board to receive a transfer of funds from the state multimodal transportation account solely for self-insurance liability premium expenditures. The new WAC outlines those conditions and directives.
Reasons Supporting Proposal: Putting the mechanisms in place to collect the revenue needed to pay the self-insurance liability premium expenditures is necessary in order for the board to show compliance with legislative intent thus prompting the state to transfer the funds from the multimodal transportation account. Without the fund sources allocated by ESB 5069, the agency would be in financial crisis, putting the board's mission to ensure against the loss of lives, loss of or damage to property and vessels, and to protect the marine environment by maintaining efficient and competent pilotage services in jeopardy.
Statutory Authority for Adoption: Chapter 88.16 RCW.
Rule is necessary because of state court decision, Katharine Sweeney vs. Board of Pilotage Commissioners Cause Number 11-2-36792-4SEA in King County Superior Court and Joint Motion to Dismiss the Appeal in Cause No. 72664-1 in the Washington County of Appeals.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The board's self-insurance liability premium is comprised of monetary contributions from the Board of Pilotage Commissioners (BPC), Puget Sound Pilots and those vessels taking pilots in the Puget Sound pilotage district. This new rule enforces the collection of revenue from all participants.
Name of Proponent: BPC, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Jaimie C. Bever, Seattle, Washington, (206) 515-3887; and Enforcement: BPC, Seattle, Washington, (206) 515-3904.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This was a legislative mandate. The application of the proposed language is clear in the description of the proposal and its anticipated effects and as well as the WAC language shown below.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to the adoption of these rules. The Washington state BPC is not a listed agency in RCW 34.05.328 (5)(a)(i).
August 1, 2017
Jaimie C. Bever
Executive Director (Interim)
NEW SECTION
WAC 363-116-301 New revenue collection.
With respect to the passage of Engrossed Senate Bill No. 5096 Section 108, the board of pilotage commissioners is appropriated one million one hundred thousand dollars from the multimodal transportation account solely for self-insurance liability premium expenditures. This appropriation is contingent upon three stipulated conditions:
(1) The Puget Sound pilots shall pay to the board, from its tariffs, one hundred fifty thousand dollars annually on July 1, 2017, and July 1, 2018. These amounts shall be deposited by the board into the pilotage account and used solely for the expenditure of self-insurance premiums;
(2) The board shall maintain the Puget Sound pilotage district pilotage tariff at the rate which became effective on January 1, 2017; and
(3) A self-insurance premium surcharge of sixteen dollars shall be added to each Puget Sound pilotage assignment on all vessels requiring pilotage in the Puget Sound pilotage district. The Puget Sound pilots shall remit the total amount of such surcharges generated to the board by the tenth of each month. The surcharge shall be in effect from July 1, 2017, through June 30, 2019. These amounts shall be in addition to those fees to be paid to the board pursuant to subsection (1) of this section and shall be deposited by the board into the pilotage account solely for the expenditure of self-insurance premiums.
These three directives are in effect beginning May 18, 2017, through June 30, 2019.
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