WSR 99-06-025

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT

[ Filed February 23, 1999, 11:29 a.m. ]

Subject of Possible Rule Making: Changes in some of the rules affecting the emergency food assistance program (EFAP), chapter 365-140 WAC. Those changes are: Simplifying the pass-through allocation formulas, tightening eligibility requirements of food banks, changes in tribal participation rules to allow more flexibility in how they spend their EFAP dollars, and changes in the match requirements for food banks to allow more "soft" money match.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.330.040 (2)(g) and 43.330.130.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Allocation formulas for food banks and tribes: Language would be less specific so that every time the formula is adjusted we would not have to change the WAC. Food bank eligibility requirements: To clarify what the state's expectations are of food banks so that they can provide better service to clients and meet the Internal Revenue Service standards. Tribal participation: To allow tribes to participate in either the food bank or voucher program or both, which would give them the flexibility to use their funds in the most efficient manner to serve their hungry. Match requirements: Would allow food banks to mach EFAP dollars with a greater percentage of "soft" money so as not to eliminate food banks with little cash resources.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are no other agencies involved in this program.

Process for Developing New Rule: The Department of Community, Trade and Economic Development (CTED) has been meeting with its EFAP work group over the past 1 1/2 years to review the WACs. Changes, most of which had been initiated by the work group, have all been endorsed by the work group. CTED sent all contractors the suggested changes prior to work group meetings with invitations to send comments or attend the meetings. Some have done so. (The work group is comprised of food bank and tribal contractors selected by those two groups.) We will have one more work group meeting prior to the hearing to review the final draft of changes. Prior to the next work group meeting, CTED will send all contractors copies of the final draft of the WAC changes. CTED will also mail the proposed WAC changes to all EFAP contractors and other interested advocacy groups prior to the WAC hearing with an invitation for comments.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Department of Community, Trade and Economic Development, Attn: Susan Eichrodt, Program Manager, P.O. Box 48300, Olympia, WA 98504-8300, phone (360) 586-4921, fax (360) 586-0489, e-mail susane@cted.wa.gov.

February 17, 1999

Jean L. Ameluxen

Director of Intergovernmental Relations

Washington State Code Reviser's Office