PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 18-05—Filed August 15, 2018, 10:41 a.m.]
Subject of Possible Rule Making: Chapter 173-566 WAC, Streamflow restoration funding, is a new rule for the implementation of chapter 1, Laws of 2018 (ESSB 6091) and chapter 90.94
RCW. The streamflow restoration funding program will finance watershed planning projects under RCW 90.94.020
, watershed restoration and enhancement projects under RCW 90.94.030
, and the collection of data and completion of studies necessary to develop, implement, and evaluate watershed restoration and enhancement projects under chapter 1, Laws of 2018, statewide.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.54.040
Water Resources Act of 1971, RCW 43.21A.080
Department of ecology, and chapter 90.94
RCW, Streamflow Restoration Act.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In addition to fees collected from applicants for building permits and divisions of land where the development would rely on permit-exempt wells, the legislature authorized $300,000,000 to be appropriated over fifteen years. The rule will establish process and criteria for prioritizing and approving funding applications, and developing and implementing funding contracts with recipients. This will make funding decisions and contracting more transparent, consistent, and defensible.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter 34.05
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Rebecca Inman, Department of Ecology, Water Resources Program, P.O. Box 47600, Olympia, WA 98407-6000 [98504-7600], phone 360-407-6450, TTY people with speech disability may call TTY 877-833-6341. People with impaired hearing may call Washington relay service 711, email Rebecca.Inman@ecy.wa.gov, web site http://www.ecy.wa.gov/programs/wr/rules/wac173556.html, sign up for the WRP listserv https[:]//listserv.ecology.wa.gov/scripts/wa-ECOLOGY.exe?A)=WATER-RESOURCES, six public workshops are scheduled at Ecology's Central Regional Office, 1250 West Alder Street, Union Gap, 98903, at 1:00 p.m., on Tuesday, October 2, 2018; at Omak Public Library, 30 South Ash Street, Omak, 98841, at 1:00 p.m., on Wednesday, October 3, 2018; at Spokane Library, Shadle Branch, 2111 West Wellesley Avenue, Spokane, 99205, at 1:00 p.m., on Thursday, October 4, 2018; at Ecology Headquarters, 300 Desmond Drive, Lacey, 98503, at 1:00 p.m., on Monday, October 8, 2018; at Kitsap Regional Library, 1301 Sylvan Way, Bremerton, 98310, at 2:00 p.m., on Monday, October 15, 2018; and at Everett Public Library, 2702 Hoyt Avenue, Everett, 98201, at 1:00 p.m., on Tuesday, October 23, 2018.
Additional comments: Interested parties can stay informed about the rule making and public involvement opportunities as described above. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.
August 15, 2018
Water Resources Program Manager