WSR 97-15-107




[Filed July 21, 1997, 4:43 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-12-073.

Title of Rule: Repealing WACs regarding border area funding allocation that conflict with statutes.

Purpose: To eliminate conflict between WACs and RCWs.

Statutory Authority for Adoption: RCW 43.330.040 (2)(g).

Statute Being Implemented: RCW 66.08.190, 66.08.195, 66.08.196, 66.08.198, 43.634.190 [43.63A.190].

Summary: Eliminate WAC 365-90-010, 365-90-020, 365-90-040, 365-90-080, and 365-90-090.

Reasons Supporting Proposal: Conflict between WACs and RCWs, meets legislative intent, and does not change actual funding distribution.

Name of Agency Personnel Responsible for Drafting: Erika Lim, Olympia, (360) 753-2227; Implementation and Enforcement: Tedd Kelleher, Olympia, (360) 664-0696.

Name of Proponent: Department of Community, Trade and Economic Development, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This change in no way impacts funding to local governments.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Would repeal old WACs that conflict with current RCWs. Repealing the WACs will in no way change the functioning of the program, or change the amount of funding local governments receive.

Proposal Changes the Following Existing Rules: Proposal repeals existing rules. Eliminates conflicts concerning what agency distributes the funds and the process used to review the funding distribution. Proposal eliminates redundant definitions of eligible jurisdictions, and unnecessary language regarding unspent funds.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule will not impact businesses.

RCW 34.05.328 does not apply to this rule adoption. Department of Community, Trade and Economic Development is not a listed agency in RCW 34.05.328.

Hearing Location: Skagit Valley Downtown Center, 204 West Montgomery, Mt. Vernon, WA, on August 29, 1997, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Tedd Kelleher by August 29, 1997, TDD Relay (800) 833-6384, or (360) 664-0696.

Submit Written Comments to: Tedd Kelleher, Department of Community, Trade and Economic Development, P.O. Box 48300, Olympia, WA 98504-8300, e-mail TEDDK@CTED.WA.GOV, FAX (360) 586-4506, by August 29, 1997.

Date of Intended Adoption: October 1, 1997.

July 21, 1997

Ann Bariekman

Rules Coordinator


The following sections of the Washington Administrative Code are repealed:

WAC 365-90-010 Declaration of public policy.

WAC 365-90-020 Definitions.

WAC 365-90-040 Allocation of funds.

WAC 365-90-080 Unexpended funds.

WAC 365-90-090 Annual review.

Legislature Code Reviser


Washington State Code Reviser's Office