PREPROPOSAL STATEMENT OF INQUIRY

PILOTAGE COMMISSIONERS

[Filed May 22, 2019, 7:32 a.m.]

Subject of Possible Rule Making: WAC 363-116-301 New revenue collection.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Title 88 RCW, Pilotage Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The board of pilotage commissioners (BPC) is complying with the legislative intent through the passage of ESHB 1160, which stipulates certain conditions in order for BPC to receive state appropriation from the pilotage account solely for self-insurance liability premium expenditures. This revised rule defines these two stipulated conditions.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: BPC adopted this new rule under emergency provisions in order to promptly comply with the provisos described in ESHB 1160, section 108, effective May 16, 2019. A public hearing will be held at a future date in order to adopt the rule permanently.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jaimie C. Bever, 2901 Third Avenue, Suite 500, Seattle, WA 98121, phone 206-515-3887, fax 206-515-3906, email BeverJ@wsdot.wa.gov, web site www.pilotage.wa.gov.

AMENDATORY SECTION(Amending WSR 17-20-009, filed 9/22/17, effective 10/23/17)

WAC 363-116-301New revenue collection.

With respect to the passage of Engrossed ((Senate Bill No. 5096))Substitute House Bill No. 1160, Section 108, the board of pilotage commissioners is appropriated ((one million one hundred thousand))three million one hundred twenty-five thousand dollars from the ((multimodal transportation))pilotage account state appropriation solely for self-insurance liability premium expenditures. This appropriation is contingent upon ((three))two stipulated conditions:

(1) The Puget Sound pilots shall pay to the board, from its tariffs, one hundred fifty thousand dollars annually on July 1, ((2017))2019, and July 1, ((2018))2020. These amounts shall be deposited by the board into the pilotage account and used solely for the expenditure of self-insurance premiums; and

(2) ((The board shall maintain the Puget Sound pilotage district pilotage tariff at the rate which became effective on January 1, 2017; and

(3))) A self-insurance premium surcharge of sixteen dollars shall be added to each Puget Sound pilotage assignment on all vessels requiring pilotage in the Puget Sound pilotage district. The Puget Sound pilots shall remit the total amount of such surcharges generated to the board by the tenth of each month. The surcharge shall be in effect from July 1, ((2017))2019, through June 30, ((2019))2021. These amounts shall be in addition to those fees to be paid to the board pursuant to subsection (1) of this section and shall be deposited by the board into the pilotage account solely for the expenditure of self-insurance premiums.

These ((three))two directives are in effect beginning May ((18, 2017))16, 2019, through June 30, ((2019))2021.