PREPROPOSAL STATEMENT OF INQUIRY
ADMINISTRATION BOARD
Subject of Possible Rule Making: Chapters 136-16 and 136-18 WAC, WAC 136-12-060, 136-165-020, 136-167-040, 136-170-040, 136-170-050, and 136-170-060.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 36.78 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESSB 5228 adopted by the state legislature during the 2009 legislative session will become effective July 26, 2009.
The term "day labor" is removed from the language and replaced with "county forces" as adopted by the state legislature and signed into law.
For the purpose of calculating the amount of road construction that a county may do using county forces, counties are separated into four groups based on population and provided with a formula to determine the maximum amount (Note: These dollar amounts change in 2012 as stated in RCW 36.77.065):
• Counties with less than 30,000 people may have no more than $700,000, plus $700,000 multiplied by the previous year's motor vehicle fuel tax distribution factor in construction programs completed by county forces.
• Counties with between 30,000 and 150,000 people may have no more than $1.15 million, plus $1.15 million multiplied by the previous year's motor vehicle fuel tax distribution factor in construction programs completed by county forces.
• Counties with between 150,000 and 400,000 people may have no more than $1.75 million, plus $1.75 million multiplied by the previous year's motor vehicle fuel tax distribution factor in construction programs completed by county forces.
• Counties with more than 400,000 people may have no more than $3.25 million, plus $3.25 million multiplied by the previous year's motor vehicle fuel tax distribution factor in construction programs completed using county forces.
Process for Developing New Rule: Adoption of ESSS [ESSB] 5228.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. E-mail comments to Bob Moorhead at bobm@crab.wa.gov.
May 26, 2009
Jay P. Weber
Executive Director