WSR 99-24-120

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed December 1, 1999, 10:58 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-079.

Title of Rule: WAC 180-27-032 Growth impact fees and mitigation payments.

Purpose: To allow mitigation payments as local share for state assisted projects.

Statutory Authority for Adoption: RCW 28A.525.020.

Summary: To allow mitigation payments as local share for state assisted projects.

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: Allows mitigation payments as local share for state assisted projects.

Proposal Changes the Following Existing Rules: Allows mitigation payments as local share for state assisted projects.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: The Evergreen State College, The Long House, 2700 Evergreen Parkway N.W., Olympia, WA 98505, on January 10, 2000, at 8 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by January 3, 2000, 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 January 3, 2000.

Date of Intended Adoption: January 12, 2000.

December 1, 1999

Larry Davis

Executive Director

OTS-3434.1


AMENDATORY SECTION(Amending WSR 94-01-030, filed 12/6/93, effective 1/6/94)

WAC 180-27-032
Growth impact fees and mitigation payments.

Notwithstanding the financial requirements of WAC 180-27-030, districts may use growth impact fees as provided for in RCW 82.02.020, 82.02.050 through 82.02.100, 58.17.060 and 58.17.110 to assist in capital construction projects.  The impact fees collected pursuant to the above cited statutes, may be used by the district as local match funding for state assisted capital projects and may not be substituted for the amount of state assistance that would otherwise be provided for school capital projects.  Mitigation payments as provided for in RCW 43.21C.060 of the State Environmental Policy Act may ((not)) be used by the district as local match funding ((nor)) and may not be substituted for the amount of state assistance that would otherwise be provided for school capital projects.

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e).  94-01-030, § 180-27-032, filed 12/6/93, effective 1/6/94.  Statutory Authority: RCW 28A.525.020 and 28A.525.164.  91-12-056, § 180-27-032, filed 6/5/91, effective 7/6/91.]

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