Preproposal statement of inquiry was filed as WSR 03-16-071.
Title of Rule and Other Identifying Information: Chapter 137-59 WAC, Facility siting.
Hearing Location(s): At the Everett Community Justice Center, 8625 Evergreen Way, Suite 100, Everett, WA 98208, on September 21, 2004, at 11 a.m.; at the Pierce County Community Justice Center, 1016 South 28th Street, Room 244, Tacoma, WA 98409, on October 1, 2004, at 11 a.m.; at the Spokane Community Justice Center, 715 East Sprague, Suite 107, Spokane, WA 99202, on September 30, 2004, at 9 a.m.; and at the Yakima Community Justice Center, 202 West Yakima Avenue, Suite 200, Yakima, WA 98902, on September 29, 2004, at 1 p.m.
Date of Intended Adoption: October 11, 2004.
Submit Written Comments to: John R. Nispel, 410 West 5th Avenue, Mailstop 41114, Olympia, WA 98504-1114, e-mail JRNISPEL@DOC1.WA.GOV, fax (360) 664-2009, by September 20, 2004.
Assistance for Persons with Disabilities: Contact David Smith by September 20, 2004, (360) 753-5770.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this chapter is to establish rules pertaining to the integration of the policies and procedures of the State Environmental Policy Act (SEPA) chapter 43.21C RCW, into the activities and actions of the Department of Corrections in siting new prisons.
Reasons Supporting Proposal: The department needs to standardize the facility siting process to ensure environmental and community concerns are addressed in the siting process.
Statutory Authority for Adoption: RCW 72.01.090.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Corrections, Office of Administrative Services, Capital Planning and Development, governmental.
Name of Agency Personnel Responsible for Drafting: Barbara L. Parry, 410 West 5th Avenue, Mailstop 41114, Olympia, WA 98504-1114, (360) 664-0867; Implementation and Enforcement: Bill E. Phillips, 410 West 5th Avenue, Mailstop 41112, Olympia, WA 98504-1112, (360) 586-3907.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Siting of a prison facility will not impact small business.
A cost-benefit analysis is not required under RCW 34.05.328. Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party.
August 3, 2004
Patria N. Robinson-Martin
for Joseph D. Lehman
(1) "Secretary" means the secretary of the department of corrections or his/her designee.
(2) "Department" means the department of corrections.
(3) "Prisons" shall mean and include all Washington state adult correctional facilities established pursuant to law under the jurisdiction of the department of corrections for the incarceration of felons sentenced to a term of total confinement of more than one year. This definition specifically excludes facilities of partial confinement, as defined by RCW 9.94A.030(31).
(2) Local jurisdictions shall use the forms "Confirmation of Intent to Respond" and "Preliminary Questionnaire" to notify capital planning and development (CPD) of any proposed sites for further consideration. The official forms request information about prospective site suggestions such as land use attributes, environmental characteristics, and community support.
(3) The department will review all proposed sites submitted by local jurisdictions.
(4) Local jurisdictions whose sites have been selected shall be so notified and asked to complete the "Site Information Questionnaire" form within sixty days of said notification.
(5) The department shall evaluate all "Site Information Questionnaire" forms returned by local jurisdictions. The evaluation criteria used for evaluation purposes is provided in the "evaluation criteria" section of the "Site Information Questionnaire" form.
The department's office of administrative services, CPD, shall be responsible for complying with the threshold determination procedures of WAC 197-11-300 through 197-11-390; and shall be responsible for the supervision, or actual preparation of draft and final SEPA documents pursuant to WAC 197-11-400 through 197-11-460, including the circulation of such statements for comment pursuant to WAC 197-11-502, and conducting public hearings that may be required by chapter 197-11 WAC.
(2) The department shall provide notice to the media regarding the process and the sites selected for study including, but not limited to, publication in a newspaper of general circulation in the county or counties where the sites are located.
(3) The department shall hold public meeting(s) in the counties for an unincorporated area or in the cities or towns in which the sites selected for study are located. The department shall publish a notice of the public meeting(s) in a newspaper of general circulation in each area at least ten days prior to the public meeting(s). The purpose of the public meeting(s) is to announce the potential sites for which the department shall prepare environmental studies in accordance with chapter 197-11 WAC.
(4) After the meeting(s), the secretary shall make a final determination of the site selected for the new prison.
(2) The department, office of CPD, shall be responsible for submitting the necessary data set forth in WAC 137-59-040 to the secretary for his/her decision.
(1) The state senator and the state representatives whose legislative district includes the final site.
(2) Any state senator and state representative whose legislative district is located within five miles of the final site.
(3) Each member of the governing body of the city or town in which the final site is located, or if final site is in an unincorporated area, each member of the county board.
(4) Each member of the governing board of the local school district on which the final site is located.
(5) The state of Washington department of ecology.
(6) The head of each local law enforcement agency in the county and/or city where the final site is located.
(7) The designated point of contact of any organization that has previously requested in writing with the department to receive notice of final site selection.
(8) The local fire and utility districts where the final site is located.