WSR 06-03-067




[ Filed January 12, 2006, 11:34 a.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: Columbia River gorge commission rules 350-11, Open meetings; 350-12, Public records; 350-13, Financial disclosure; 350-16, Administrative procedure; and 350-50, Plan amendments.

     Hearing Location(s): Hood River County Administration Building, 601 State Street, Hood River, Oregon, on March 14, 2006, at 9:00 a.m. (note this is the beginning of the commission's regular meeting. The actual hearing time may be later).

     Date of Intended Adoption: March 14, 2006.

     Submit Written Comments to: Martha J. Bennett, Executive Director, P.O. Box 730, White Salmon, WA 98672, e-mail, fax (509) 493-2229 by March 3, 2006.

     Assistance for Persons with Disabilities: Contact Nancy Andring by March 3, 2006, (509) 493-3323.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed amendments to commission rules 350-11, 350-12, and 350-16, is to conform these rules to the more restrictive of Oregon's and Washington's statutes as required by the Scenic Area Act. These proposed amendments are necessary due to changes made during the 2005 legislative session. There is no anticipated effect for 350-11; two anticipated effects for 350-12 are that the commission may choose to charge for copies of public records on an installment basis rather than as a lump sum and to exempt communications made during mediation from public disclosure. There is no anticipated effect for 350-16.

     The purpose of the proposed amendment to commission rule 350-13 is to ease the burden on gorge commissioners filing financial disclosure forms, while still complying [with] the Scenic Area Act's requirement for filing. The proposed amendment would require gorge commissioners to file in their respective states only.

     The purpose of the proposed amendments to commission rule 350-50 is to improve the commission's process for reviewing plan amendments.

     The proposed amendments would allow a finding that conditions in the scenic area have changed if there is a demonstrable mistake in the management plan; allows typographical and other similar changes without formal amendment of the management plan; requires a preapplication conference for every plan amendment, increases by two weeks the time the commission's executive director has to review an application before submitting a recommendation to the commission, and clarifies what actions the commission may take on the application.

     Reasons Supporting Proposal: The proposed amendments would bring the commission's rules into compliance with the more restrictive of the states' statutes; would ease an internal regulatory burden; and improve the commission's plan amendment review procedure.

     Statutory Authority for Adoption: 16 U.S.C. 544c(b), RCW 43.97.015, ORS 196.150.

     Statute Being Implemented: 16 U.S.C. 544b(c), 544d(h), RCW 43.97.015, ORS 196.150.

     Rule is necessary because of federal law, 16 U.S.C. 544c(b).

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The commission is especially interested in comments on the proposed amendments to the plan amendment rule concerning the preapplication conference, whether the commission can apply conditions of approval to an application.

     Name of Proponent: Columbia River gorge commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Martha J. Bennett, White Salmon, WA, (509) 493-3323.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed amendments do not add substantive regulations. Commission rules 350-11, 350-12, 350-13, and 350-16, govern internal commission procedures; commission rule 350-50 adds a preapplication conference step to the commission's review conference - the purpose of the conference is to streamline the review process - any cost of preparing for or attending the preapplication conference would be minor.

     A cost-benefit analysis is not required under RCW 34.05.328. These proposed amendments are exempt pursuant to RCW 34.05.328 [(5)(b)] (ii), (iii), and (v).

January 9, 2006

Nancy A. Andring

Rules Coordinator

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 06-04 issue of the Register.