WSR 11-03-021

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed January 7, 2011, 3:37 p.m. ]

Subject of Possible Rule Making: Chapter 246-296 WAC, Drinking water state revolving fund loan program (DWSRF).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.119A.170.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 2010 federal appropriations bill under section 1452 of the Safe Drinking Water Act includes new criteria for water systems to obtain a DWSRF loan. To maintain primacy with the Environmental Protection Agency and continue the DWSRF loan program, these changes are necessary to establish eligibility requirements for water systems for funding infrastructure improvements in the form of principal forgiveness, criteria for green projects, and for water systems that are restructuring which may include ownership and management changes, and consolidation of water systems. In addition, updates will also reflect current program practices.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Safe Drinking Water Act authorizes the United States Environmental Protection Agency to award capitalization grants to states, which in turn can provide low-cost loans and assistance to eligible water systems. RCW 70.119A.170 mandates the department of health (department) to work in cooperation with the public works board, department of commerce, to establish and maintain a program to use DWSRF funding. Both agencies are responsible for administering the DWSRF program under a memorandum of understanding between the agencies.

Process for Developing New Rule: The department will work collaboratively with the public works board and interested parties to develop a draft rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The draft rule will be available for comment upon request and made available through the office of drinking water's web page at http://www.doh.wa.gov/ehp/dw/default.htm, the rules listserv at http://listserv.wa.gov/cgi-bin/wa?SUBED1=WA-DRINKINGWATERRULES&A=1, and the quarterly newsletter "Water Tap." For more information, contact Theresa Phillips, Office of Drinking Water, P.O. Box 47822, Olympia, WA 98504-7822, call (360) 236-3147, or e-mail theresa.phillips@doh.wa.gov.

January 7, 2011

Mary C. Selecky

Secretary

Washington State Code Reviser's Office