WSR 16-16-122
[Filed August 3, 2016, 10:57 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Amend Regulation I, Section 14.05 (Processing of Public Records Requests – Electronic Public Records).
Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on September 22, 2016, at 8:45 a.m.
Date of Intended Adoption: September 22, 2016.
Submit Written Comments to: Rob Switalski, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail, fax (206) 343-7522, by September 21, 2016.
Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by September 15, 2016, TTY (800) 833-6388 or (800) 833-6385 (Braille).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This is a technical amendment to remove subsection (c) of Regulation I, Section 14.05 in its entirety. This subsection was based upon RCW 43.105.280 which allowed the agency, if needed, to charge a fee to provide customized access to an electronic record to a requester. In 2015, the Washington state legislature deleted RCW 43.105.280, including the provision allowing the agency to charge a fee for customized access. Thus, the amendment would remove subsection (c), referring to RCW 43.105.280, in full from Section 14.05. In addition, to date the agency has not been in the position of needing to charge a fee for customized access in providing electronic records and the agency has been able to work with requesters to provide electronic records in formats that are easily or reasonably accessible to the agency and the requester.
Reasons Supporting Proposal: The benefit of the amendment is to make the agency's rules consistent with state law.
There are no costs associated with the proposed amendments.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Puget Sound Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jennifer Dold, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4015.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act, and the agency is not a school district.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.
August 3, 2016
Craig Kenworthy
Executive Director
(a) Requesting electronic public records. The process for requesting electronic public records is the same as for requesting paper public records.
(b) Providing electronic public records. When a requester requests public records in an electronic format, the public records officer will provide the nonexempt public records or portions of such records that are reasonably locatable in an electronic format that is used by the Agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the Agency keeps the public records.
(((c) Customized access to data bases. With the consent of the requester, the Agency may provide customized access under RCW 43.105.280 if the public record is not reasonably locatable or not reasonably translatable into the format requested. The Agency may charge a fee consistent with RCW 43.105.280 for such customized access.))