WSR 03-14-116



[ Filed June 30, 2003, 4:39 p.m. ]

Date of Adoption: June 20, 2003.

Purpose: To amend State Board of Education policy, WAC 180-33-035.

Citation of Existing Rules Affected by this Order: Amending WAC 180-33-035.

Statutory Authority for Adoption: Chapter 28A.900 RCW.

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: WAC 180-33-035 limits state assistance for modernization projects to no less than 40% of the ACA. A project fails to qualify for funding and forfeits state assistance when construction costs established at the time of bid are below 40% of the ACA. As a result of the amended language, the State Board of Education will be able to waive the 40% minimum requirement for certain projects that had previously qualified, but may fail to qualify due to the unusually significant increase to the ACA for the July 2003 release.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

June 30, 2003

Larry Davis

Executive Director


AMENDATORY SECTION(Amending WSR 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-33-035   Minimum project -- Forty percent of replacement costs.   (1) State assistance in modernization of school facilities shall be limited to projects which may include an entire facility or one or more complete buildings within a facility for which the estimated cost of major structural change is not less than forty percent of the estimated cost of replacement. The estimated cost of major structural change shall not include the estimated capital costs associated with restoring building systems or subsystems due to deterioration as determined in the study and survey to be caused by deferred maintenance. The estimated cost of replacement shall be derived from multiplication of the total square foot area of the facility or facilities proposed for modernization by the area cost allowance for the fiscal year funded as in WAC 180-27-045 set forth.

(2) The state board of education may grant a waiver from subsection (1) of this section in the event of an unanticipated increase in the area cost allowance that might cause prior approved projects expecting state assistance to become disqualified for such assistance.

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, 180-33-035, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] 91-12-058, 180-33-035, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), 180-33-035, filed 11/27/85; 83-21-071 (Order 16-83), 180-33-035, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-035, filed 12/1/81.]

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Washington State Code Reviser's Office