WSR 16-24-086
[Filed December 7, 2016, 9:12 a.m.]
Subject of Possible Rule Making: Environmental safety requirements for premises on which early learning programs are located. Specific subjects may include testing drinking water for lead and other hazards, evaluating facilities for paint and soil hazards, and requirements for outdoor gardens. Rule making will also establish remediation requirements a licensor must comply with when unsafe levels of hazards are confirmed.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.215.020 and 43.215.201.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In response to Governor Inslee's Directive 16-06, the department of health (DOH) issued recommendations for the department of early learning (DEL) and other agencies that are intended to reduce exposure to lead and other environmental hazards where children live, learn, and play. DEL is engaging in rule making as recommended by DOH to reduce children's exposure to lead and other environmental hazards for all premises on which early learning programs operate. This rule making is also part of a larger effort to develop rules to implement a single set of licensing standards for child care and the early childhood education and assistance program as directed by section 3, chapter 7, Laws of 2015 3rd sp. sess. (see WSR 16-15-082). This rule making is proceeding separately because DEL believes that rules related to lead and environmental safety requirements are critical to the safety of children and need to be enacted before the rule making to align standards is expected to be completed.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DEL collaborated with DOH and the office of financial management to assess the need for, and viability of, policy changes necessary to comply with Governor Inslee's Directive 16-06. As appropriate, DEL will coordinate development of these rules with DOH and the department of ecology as well as the superintendent of public instruction.
Process for Developing New Rule: Negotiated rule making; and to the extent practicable, DEL intends to seek stakeholder and public input during the rule drafting and development process. At a later date, DEL will file proposed rules, hold a public hearing(s), and accept written comments before adopting permanent rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Individuals and organizations wishing to receive draft and proposed materials may join a DEL rules mailing list by contacting the DEL rules coordinator at, fax (360) 725-4925, or by writing to the DEL Rules Coordinator, Department of Early Learning, P.O. Box 49070 [40970], Olympia, WA 98504-0970.
December 7, 2016
Lori Anderson
Rules Coordinator