WSR 23-15-020
EXPEDITED RULES
OFFICE OF MINORITY AND
WOMEN'S BUSINESS ENTERPRISES
[Filed July 7, 2023, 2:11 p.m.]
Title of Rule and Other Identifying Information: WAC 326-20-087 Public works small business enterprise.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends RCW
39.19.030(7) to adopt rules under chapter
34.05 RCW, Administrative Procedure Act, governing a public works small business certification program.
Reasons Supporting Proposal: Passing of SB [2SSB] 5268.
Statutory Authority for Adoption: SB [2SSB] 5268 amends RCW
39.19.030(7).
Statute Being Implemented: WAC 326-20-087 [appears as filed by agency].
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of minority and women's business enterprises, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Sharon Harvey, 1110 Capitol Way South, Suite 150, Olympia, 360-704-8437.
This notice meets the following criteria to use the expedited adoption process for these rules:
Content is explicitly and specifically dictated by statute.
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 Julie Bracken, Washington State Office of Minority and Women's Business Enterprises, 1110 Capitol Way South, Suite 150, Olympia, WA 98504, phone 360-664-9750, fax 360-586-7079, email rules@omwbe.wa.gov, AND RECEIVED BY October 3, 2023.
July 7, 2023
Julie Bracken
Public Records Officer
Rules Coordinator
Records Manager
OTS-4747.1
NEW SECTION
WAC 326-20-087Public works small business enterprise.
(1) To foster small business participation, a race and gender-neutral certification program is created to eliminate obstacles to small business participation.
(2) Public works small business is a race and gender-neutral certification program that does not require social disadvantage under WAC 326-20-046. Other certification criteria, such as proof of economic disadvantage, ownership, business size, and control are required to be eligible for this program.
(3) Whenever issues arise regarding eligibility based on personal net worth, business size, ownership, and control which cannot be resolved by reference to these regulations, 49 C.F.R. Part 26 shall provide guidance to resolve such issues.