WSR 17-07-090
(Economic Services Administration)
[Filed March 20, 2017, 2:03 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-04-018.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-450-0195 Does the department use my utility costs when calculating my basic food or WASHCAP benefits?
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on April 25, 2017, at 10:00 a.m.
Date of Intended Adoption: Not earlier than April 26, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax (360) 664-6185, by 5:00 p.m., April 25, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by April 11, 2017, phone (360) 664-6092, TTY (360) 664-6178, or email
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-450-0195 in order to provide a standard utility allowance for basic food households that do not qualify for low-income home energy assistance solely due to immigration status.
Reasons Supporting Proposal: The proposed amendment will provide consistency between the basic food programs.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120, 7 C.F.R. 273.9 (d)(6)(iii)(B).
Rule is necessary because of federal law, 7 C.F.R. 273.9 (d)(6)(iii)(B).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4895.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses. It only impacts DSHS clients.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this section does not apply to rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
March 17, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-24-051, filed 12/1/16, effective 1/1/17)
WAC 388-450-0195 Does the department use my utility costs when calculating my basic food or WASHCAP benefits?
(1) The department uses utility allowances instead of the actual utility costs your assistance unit (AU) pays when we determine your:
(a) Monthly benefits under WAC 388-492-0070 if you receive Washington state combined application project (WASHCAP); or
(b) Shelter cost income deduction under WAC 388-450-0190 for basic food.
(2) We use the amounts in this subsection if you have utility costs separate from your rent or mortgage payment:
(a) If your AU has heating or cooling costs ((or)) or receives more than twenty dollars in low income home energy assistance program (LIHEAP) benefits each year, you get a standard utility allowance (SUA) of four hundred eleven dollars.
(b) If your household does not receive a LIHEAP payment and the reason is solely because of your immigration status, you get a SUA of four hundred eleven dollars.
(c) If your AU does not qualify for the SUA and you have any two utility costs listed in subsection (3) of this section, you get a limited utility allowance (LUA) of three hundred nineteen dollars.
(((c))) (d) If your AU has only telephone costs and no other utility costs, you get a telephone utility allowance (TUA) of fifty-seven dollars.
(3) "Utility costs" include the following:
(a) Heating or cooling fuel;
(b) Electricity or gas;
(c) Water;
(d) Sewer;
(e) Well installation/maintenance;
(f) Septic tank installation/maintenance;
(g) Garbage/trash collection; and
(h) Telephone service.
(4) If you do not have a utility cost separate from your rent or mortgage payment and do not receive low income energy assistance program (LIHEAP), you do not receive a utility allowance.