Purpose: The proposed changes increase the state match for eligible costs from 80 to 100%.

     Citation of Existing Rules Affected by this Order: Amending WAC 180-33-040 Maximum costs eligible for state matching purposes.

     Statutory Authority for Adoption: RCW 28A.525.200 and 28A.525.020.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: The proposed changes have an effect on the school construction projects which will have funds released this biennium.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: June 17, 2005.

July 8, 2005

Larry Davis

Executive Director

OTS-8204.1

AMENDATORY SECTION(Amending WSR 98-19-138, filed 9/23/98, effective 10/24/98)

WAC 180-33-040   Maximum costs eligible for state matching purposes -- ((Eighty)) One hundred percent of replacement cost.   State assistance for modernization projects shall not exceed ((eighty)) one hundred 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)) one hundred percent shall be paid by the local district.

[Statutory Authority: RCW 28A.525.020. 98-19-138, § 180-33-040, filed 9/23/98, effective 10/24/98. 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.]

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