Preproposal statement of inquiry was filed as WSR 98-06-008.

Title of Rule: Chapter 180-33 WAC, State assistance in providing school plant facilities--Modernization.

Purpose: To do one or more of the following, as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary wording, repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.

Statutory Authority for Adoption: RCW 28A.525.020.

Summary: See Purpose above.

Reasons Supporting Proposal: Amend to provide clarity and rewrite outdated wording; repeal sections that are no longer applicable.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: Technical corrections - 2; repeals - 1; paperwork reductions - 0; clarifications - 1; authority transfers (local control) - 0; new sections - 0; and additional requirements - 0.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: Center for Education Leadership, 2921 Falk Road, Vancouver, WA 98661, on August 19, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by August 5, 1998, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by August 12, 1998.

Date of Intended Adoption: August 20, 1998.

July 1, 1998

Larry Davis

Executive Director

AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-33-005  Authority. This chapter is adopted pursuant to RCW ((28A.525.200)) 28A.525.020 which authorizes the state board of education to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of moneys to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state assistance for school facilities are RCW 28A.525.030, 28A.525.040, and 28A.525.162 through 28A.525.178.

[Statutory Authority: 1990 c 33. 90-17-009, § 180-33-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-005, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-005, filed 12/1/81.]

AMENDATORY SECTION (Amending Order 16-83, filed 10/17/83)

WAC 180-33-040  Maximum costs eligible for state matching purposes--Eighty percent of replacement cost. ((The cost of an approved modernization project in excess of eighty percent of the estimated cost of replacement with a comparable school facility computed on the basis of the prevailing square foot cost level of state support as in chapter 180-27 WAC set forth shall be paid from school district local funds in excess of such local funds applied toward the modernization cost in accordance with the statutory formula and state board of education regulations governing basic support level as in chapter 180-27 WAC set forth.)) State assistance for modernization projects shall not exceed eighty percent of the cost of new construction of a comparable school facility based on the prevailing level of state support as defined in chapter 180-27 WAC. Costs exceeding eighty percent shall be paid by the local district.

[Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-040, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-040, filed 12/1/81.]

AMENDATORY SECTION (Amending WSR 93-20-066, filed 10/1/93, effective 11/1/93)

WAC 180-33-042  Replacement option. A district with space eligible for modernization pursuant to WAC 180-33-015 and 180-33-025 may elect to replace such space through new construction in lieu of modernization. In such case, the district shall apply for a new school facility in accordance with applicable rules and regulations pertaining to new school plant facilities and the local board shall certify that after the new construction is finally completed:

(1) The existing building or space to be replaced will not be used for district instructional purposes; and

(2) The existing building or space will be ineligible for any future state financial assistance.

Further, if the existing building or space is subsequently returned by the district to instructional purposes in whole or in part, the district shall become ineligible for any state construction financial assistance for a period of ten years from the date that the executive director or the chief executive officer of the state board notifies the board during the course of an open public meeting or sends written notice to members of the board of the return of the building in whole or in part to instructional purposes. ((Except as otherwise provided in WAC 180-33-043,)) Districts exercising this election shall be limited in state assistance to the provision of WAC 180-33-040. In the event the district elects to replace a facility and construct a new facility with more space than the facility being replaced, the additional space, in order to be eligible for state assistance shall meet the eligibility requirements for new construction or the new construction component requirement of WAC 180-33-015 (1)(c): Provided, That no new construction in lieu of modernization project may qualify for additional state assistance pursuant to WAC 180-27-115 unless the facility being replaced would have qualified pursuant to such section for additional state assistance as a modernization project.

[Statutory Authority: RCW 28A.525.020 and 1993 sp.s. c 22 § 708(5). 93-20-066, § 180-33-042, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 28A.47.830. 85-09-060 (Order 8-85), § 180-33-042, filed 4/17/85.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 180-33-043 Exceptions to prospective application of WAC 180-33-040.