WSR 20-20-102
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed October 5, 2020, 2:37 p.m.]
Subject of Possible Rule Making: The department is planning to amend WAC 388-450-0185 What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?, 388-450-0190 How does the department figure my shelter cost income deduction for basic food?, 388-450-0195 Does the department use my utility costs when calculating my basic food or WASHCAP benefits?, 388-478-0060 What are the income limits and maximum benefit amounts for basic food?, and other related rules as may be required.
Statutes Authorizing the Agency to Adopt Rules on this Subject: 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.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Under federal Supplemental Nutrition Assistance Program (SNAP) law (7 C.F.R. §§ 273.9), the department is required to use federally prescribed income eligibility standards, as revised October 1st of each year; and make annual adjustments to standard utility allowances reflecting changes in costs.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Food and Nutrition Service (FNS) enforces the provisions of the federal SNAP as enacted in the 2008 Food and Nutrition Act. The department will amend rules that are consistent with federal statutes, regulations, and guidance. Where appropriate, the department may seek waivers of federal requirements.
The state legislature authorizes the department to administer SNAP and [the] food assistance program for legal immigrants under RCW 74.04.500, 74.04.510, and 74.08A.120.
The department of social and health services (DSHS) incorporates regulations from the federal agencies, exercises state options, and implements approved waivers of federal regulatory requirements by adopting administrative rules for food assistance programs administered under the Washington basic food program.
Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Christina Barras, Economic Services Administration, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone 360-725-4640, fax 360-725-4905, email BarraCM@dshs.wa.gov; or Carolyn Horlor, Economic Services Administration, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone 360-725-4610, fax 360-725-4905, email HorloCB@dshs.wa.gov.
October 5, 2020
Katherine I. Vasquez
Rules Coordinator