WSR 25-09-121

PROPOSED RULES

STATE BOARD OF HEALTH

[Filed April 21, 2025, 3:42 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 24-13-117.

Title of Rule and Other Identifying Information: Primary and secondary school environmental health and safety regulations. The state board of health (board) is proposing to amend WAC 246-366-005 and repeal WAC 246-366-160 and chapter 236-366A WAC.

Hearing Location(s): On June 4, 2025, at 2:30 p.m., at the Washington State Department of Health, Town Center 2, Room 166/167, 111 Israel Road S.E., Tumwater, WA 98501; or virtually at https://us02web.zoom.us/webinar/register/WN_DiQ17FVFSSutIhHIzCvdRw.

Date of Intended Adoption: June 4, 2025.

Submit Written Comments to: Andrew Kamali, P.O. Box 47990, Olympia, WA 98504-7990, email andrew.kamali@sboh.wa.gov, https://airtable.com/appJiTDL3Ie6UZnqt/pagTJ82PAzuV6pThL/form, beginning the date and time of filing, by May 21, 2025, at 11:59 p.m.

Assistance for Persons with Disabilities: Contact Melanie Hisaw, phone 360-236-4104, TTY 711, email Melanie.Hisaw@sboh.wa.go [Melanie.Hisaw@sboh.wa.gov], by May 23, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board is proposing to amend WAC 246-366-005 and repeal WAC 246-366-160 and chapter 246-366A WAC. By amending and repealing these sections of rule and chapter, the board will prevent the implementation of rules that are out-of-date and obsolete. Current requirements in chapter 246-366 WAC will remain in effect.

Reasons Supporting Proposal: The purpose of adopting chapter 246-366A WAC was to modernize the standards in chapter 246-366 WAC to include provisions for water quality sampling, indoor air quality, and safety in areas such as playgrounds, labs, and shops. Chapter 246-366A WAC was organized to provide clarity for those provisions related to construction and those related to operation and maintenance. Chapter 246-366A WAC was adopted 15 years ago but never implemented due to lack of funding. The requirements in chapter 246-366A WAC have now become outdated.

During the 2024 legislative session, the legislature directed the board to develop new rules for minimum health and safety standards for K-12 schools. The board and a school technical advisory committee have developed proposed chapter 246-370 WAC as a new draft rule to align with modern science and best practices. At the legislature's direction, chapter 246-370 WAC will not be proposed under this rule making, but may be considered for adoption under a future rule making. In the meantime, the board is proposing to amend WAC 246-366-005 to remove references to chapter 246-366A WAC and repeal WAC 246-366-160 and chapter 246-366A WAC. The remaining requirements in chapter 246-366 WAC will remain in effect and will not change the existing requirements for schools. Repealing chapter 246-366A WAC alleviates adopting outdated and unfunded rules that would ultimately be replaced by proposed rule chapter 246-370 WAC.  

Statutory Authority for Adoption: RCW 43.20.050 (2)(d).

Statute Being Implemented: RCW 43.20.050 (2)(d).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: State board of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Andrew Kamali, 101 Israel Road S.E., Tumwater, WA 98501, 360-584-6737.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule changes, by definition, are not considered a "significant legislative rule" under RCW 34.06.328 (c)(iii) [ 34.05.328 (5)(c)(iii)]. The proposed rule amendments will repeal rules that were adopted, yet never implemented, which will retain the existing rules currently in effect.

Scope of exemption for rule proposal from Regulatory Fairness Act requirements:

Is not exempt.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rule repeals rules that were adopted and never implemented. Eliminating rules that were never implemented will not impose any costs to those entities that would be subject to the rules.

A copy of the detailed cost calculations may be obtained by contacting Andrew Kamali, P.O. Box 47990, Olympia, WA 98504-7990, phone 360-584-6737, TTY 711, email andrew.kamali@sboh.wa.gov.

April 21, 2025

Michelle A. Davis

Executive Director

RDS-6273.3

The following sections of the Washington Administrative Code are repealed:

RDS-6274.1

The following chapter of the Washington Administrative Code is repealed: