EXPEDITED RULES
Title of Rule: Chapter 118-33 WAC, Disaster recovery program.
Purpose: Expedited repeal of chapter 118-33 WAC for compliance with Title 44 C.F.R., Part 206 §206.10 and §206.120.
Other Identifying Information: Disaster Mitigation Act of 2000, Public Law 106-390, the Stafford Act.
Statute Being Implemented: Title 44 C.F.R.
Summary: The Disaster Mitigation Act of 2000 amended the Stafford Act and eliminated the individual and family grant program as described in chapter 118-33 WAC. Two separate provisions of the Stafford Act were combined into one section, titled federal assistance to individuals and households, or the individual and households program (IHP).
Reasons Supporting Proposal: The federal rules to manage the new IHP are delineated in Title 44 C.F.R., Part 206 §206.10 and in a state administrative plan as may be required by §206.120. As a result, additional program guidance, clarification, and instructions are no longer required in the form of a WAC. Current 44 C.F.R. rules and the state administrative plan address the current components of the program and represent the sections of the IHP that the state may administer. The disaster recovery program described in chapter 118-33 WAC no longer exists and an expedited repeal is required for full compliance with Title 44 C.F.R. A complete revision of chapter 118-33 WAC would be required to address the changes in the federal law and would be redundant to the rules in place for program administration.
Name of Agency Personnel Responsible for Drafting: Dianna Staley, Mailstop TA-20, Camp Murray, WA 98430-5122, (253) 512-7462; Implementation and Enforcement: John Vollmer, Mailstop TA-20, Camp Murray, WA 98430-5122, (253) 512-7076.
Name of Proponent: Federal Emergency Management Agency (FEMA), governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No change in fiscal impact. Immediate implementation is required for federal compliance.
Rule is necessary because of federal law, [Title 44 C.F.R., Part 206, §206.10 and §206.120.]
Explanation of Rule, its Purpose, and Anticipated Effects: The current rule delineates the now obsolete individual and family grant program, a disaster recovery program that provided emergency assistance to eligible individuals and families for losses incurred as the result of a presidentially declared disaster. A new federal program, the individual and households program, is now in effect to provide assistance to eligible individuals and households. Repeal of the existing WAC will not affect potential recipients of disaster assistance.
Proposal Changes the Following Existing Rules: The proposed change repeals chapter 118-33 WAC. This action is necessary due to amendments in Title 44 C.F.R., the Stafford Act, and brings the state into compliance with the existing C.F.R.
Chapter 118-33 WAC addresses an obsolete federal disaster assistance program, the individual and family grant program (IFG). When the Disaster Mitigation Act of 2000, Public Law 106-390, subsection 206(a) was enacted, two separate provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) were combined into one section. This eliminated the IFG program as it is described in chapter 118-33 WAC. The new program title for the combined sections is federal assistance to individuals and households, or the individual and households program (IHP).
The federal rules to manage the new IHP are delineated in Title 44 C.F.R., Part 206, §206.10 and in a state administrative plan as may be required by §206.120. As a result, additional program guidance, clarification, and instructions are no longer required in the form of a WAC. Current 44 C.F.R. rules and the state administrative plan address components of the program that were previously addressed in chapter 118-33 WAC. These C.F.R. rules and the state administrative plan represent the sections of the IHP that the state may administer.
An expedited repeal of chapter 118-33 WAC for the
disaster recovery program that no longer exists as a federal
program is required for compliance with Title 44 C.F.R. A
complete revision of chapter 118-33 WAC would be required to
address the changes in the federal law and would be redundant
to the rules in place for program administration.
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 THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Maillian Uphaus, Military Department, Building 20, Mailstop TA-20, Camp Murray, WA 98430-5122 , AND RECEIVED BY January 19, 2004.
October 21, 2003
Timothy J. Lowenberg
Major General
The Adjutant General