WSR 12-18-060



[ Filed August 30, 2012, 3:44 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-19-067.

     Title of Rule and Other Identifying Information: Implementing section 3 of the Accessible Communities Act. Enacted as chapter 215, Laws of 2010, (RCW 50.40.073) on the use of funds available from the accessible communities account.

     Hearing Location(s): 670 Woodland Square Loop, San Juan Room, Lacey, WA 98503, on October 10, 2012, at 1:00 p.m.

     Date of Intended Adoption: October 17, 2012.

     Submit Written Comments to: Toby Olson, P.O. Box 9046, Olympia, WA 98507-9046, e-mail, fax (360) 407-2647, by October 8, 2012.

     Assistance for Persons with Disabilities: Contact Amanda Collins by September 25, 2012, relay 711 or (360) 486-5892.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules are needed to establish the criteria and procedures applicable to the following: Submission and review of assurances by counties establishing accessible community advisory committees; reimbursement of travel and per diem expenses incurred by accessible community advisory committee members; solicitation, selection, oversight and evaluation of grants for locally initiated projects to improve awareness, inclusion and access for people who have disabilities.

     Reasons Supporting Proposal: The proposal offers the minimum administrative process for counties that elect to form and maintain accessible community advisory committees, while still allowing the department the ability to manage the demands placed on the small and unpredictable accessible communities fund.

     Statutory Authority for Adoption: Section 3, chapter 215, Laws of 2010, "(2) The commissioner shall adopt rules to administer this section."

     Statute Being Implemented: RCW 50.40.073.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent:

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Toby Olson, 670 Woodland Square Loop, Lacey, WA 98503, (360) 468-5891.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Neither this rule nor the statute it implements place any obligations upon businesses of any size or upon school districts.

     A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempted under RCW 34.05.328 (5)(b)(ii). "(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party."

August 28, 2012

Paul Trause



Chapter 192-50 WAC


WAC 192-50-010   Who qualifies to apply for the accessible communities grants and for reimbursement of travel, per diem and reasonable accommodation for county accessible community advisory committee meetings and committee sponsored activities? (RCW 50.40.073)   (1) For purposes of RCW 50.40.073, a county establishes that it has an active accessible community advisory committee by submitting a letter of assurance to the governor's committee on disability issues and employment containing the following:

     (a) Submittal by the county legislative authority or an agent or officer acting under that authority;

     (b) For a voting access advisory committee expansion, signature of the county auditor, or proof of approval by the county auditor;

     (c) Description of how the county will ensure that the membership of the committee includes individuals with a diverse range of disabilities, and who are knowledgable in identifying and eliminating attitudinal, programmatic, communication, and physical barriers encountered by persons with disabilities;

     (d) Description of how the county will ensure that the committee is actively involved in the following activities: Advising on addressing the needs of persons with disabilities in emergency plans; advising the county and other local governments within the county on access to programs, services, and activities, new construction or renovation projects, sidewalks, other pedestrian routes of travel, and disability parking enforcement; and developing local initiatives and activities to promote greater awareness of disability issues, and acceptance, and involvement, and access for persons with disabilities within the community; and

     (e) If the committee will serve more than one county, proof of approval by the authorities for each participating county and a recent population count for each participating county including the source of the data. Counties may form joint accessible community advisory committees, as long as no more than one of the participating counties has a population greater than seventy thousand.

     (2) The letter of assurance must be renewed at two-year intervals.


WAC 192-50-020   What are the criteria for an accessible community advisory committee to be reimbursed for travel, per diem and accommodation expenses for committee members?   (1) For travel, per diem, and accommodation expenses to be eligible for reimbursement from this fund, the accessible community advisory committee meeting or sponsored activity must be approved in advance by the governor's committee on disability issues and employment. A form will be available on the accessible communities web site for this purpose, and will require an estimate of the projected travel, per diem, and accommodation expenses for that advisory committee meeting or sponsored activity. Prior approval of an accessible community advisory committee meeting or sponsored activity as eligible for reimbursement of travel, per diem, and accommodation expenses for the participation of committee members will be based on the following:

     (a) Availability of funds;

     (b) Active committee status;

     (c) Elimination of the more significant travel, communication, or physical barriers to participation by people with disabilities in committee meetings or committee sponsored activities; and

     (d) Support of opportunities for diverse participation on accessible community advisory committees.

     (2) Travel and per diem for preapproved meetings and activities will be reimbursed following receipt, review, and approval of completed travel vouchers. The reimbursement will be at the same rates as those adopted for state employees by the office of financial management.


WAC 192-50-030   How does an accessible communities advisory committee apply for a grant under the accessible communities act?   (1) To the extent money is available, the governor's committee on disability issues and employment will publish on the accessible communities web site any grant opportunities and forms for applying for accessible community grants.

     (2) The grant opportunities will be based on emerging issues and opportunities within the state. All evaluation and selection criteria will be included in the opportunity notification. Grant proposals will be required to include a plan for tracking, reporting and evaluating outcomes.