PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-06-075.
Title of Rule: WAC 180-33-023 State assistance in providing school plant facilities -- Modernization state assistance in post 1992 facilities.
Purpose: Establishes criteria that must be met for schools facilities built after January 1, 1993, to be eligible for state assistance.
Statutory Authority for Adoption: RCW 28A.525.020.
Summary: Clarifies language to ensure provisions of section apply only to facilities that meet such provisions. Defines accounting codes for general and capital funds that must be charged to post 1992 buildings to qualify for state assistance for modernization.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.
Name of Proponent: State Board of Education, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Current language related to state assistance for post-1992 facilities does not adequately define the expenditures that would be allowed for these facilities for maintenance. This rule, also known as "The 2% Rule," requires that districts spend at least 2% of the replacement cost of the building for the last fifteen years of its thirty year life in order to receive full state assistance. Two accounting activities in the general fund would be allowed along with expenditures from two capital fund accounts. Although the first year that districts would need to begin tracking these expenditures is not until 2008, it is important that the ground rules be established early so that districts may begin setting budgets that will provide the required expenditures.
Proposal Changes the Following Existing Rules: 1. Provides clarifying language to ensure that the provisions of the section apply only to facilities that meet the provisions of the section.
2. Provides specific information that defines the accounting codes for general and capital funds that must be charged to post-1992 buildings in order to qualify for state assistance for modernization.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption. Not applicable.
Hearing Location: Board Room, North Thurston School District, 305 College Street N.E., Lacey, WA 98516, on March 28, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Patty Martin by March 14, 2001, TDD (360) 664-3631, or (360) 753-6715.
Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by March 14, 2001.
Date of Intended Adoption: March 30, 2001.
February 16, 2001
Larry Davis
Executive Director
OTS-4653.1
AMENDATORY SECTION(Amending WSR 91-12-058, filed 6/5/91,
effective 7/6/91)
WAC 180-33-023
State assistance in post 1992 facilities.
State assistance for modernization of school facilities accepted
by the school district board of directors after January 1, 1993,
shall be limited according to the following conditions:
(1) A school facility shall be ineligible for state assistance if the total expenditures for maintenance of plant and equipment for that facility during the fifteen-year period immediately preceding the project application was below one-half of one percent of the total of the annually determined building replacement values during the same period;
(2) The allowable cost per square foot used to determine the amount of state assistance in any modernization project where the total expenditures for maintenance of plant and equipment for that facility during the fifteen-year period immediately preceding the project application was at least one-half but less than two percent of the total of the annually determined building replacement values during the same period shall be reduced as follows:
(a) The allowable cost per square foot shall be reduced by twenty-two and one-half percent where the above expenditure is at least one-half but less than one percent;
(b) The allowable cost per square foot shall be reduced by fifteen percent where the above expenditure is at least one but less than one and one-half percent;
(c) The allowable cost per square foot shall be reduced by seven and one-half percent where the above expenditure is at least one and one-half but less than two percent;
(3) No reduction in the allowable cost per square foot shall be applied to any modernization project where the total expenditures for maintenance of plant and equipment for that facility during the fifteen-year period immediately preceding the project application was two percent, or greater, of the total of the annually determined building replacement values during the same period;
(4) A district shall not be allowed to replace a school facility through new construction in lieu of modernization under WAC 180-33-042 where the total expenditures for maintenance of plant and equipment for that facility during the fifteen-year period immediately preceding the project application was below two percent of the total of the annually determined building replacement values during the same period.
(5) For the purpose of this section "maintenance of plant and equipment" shall be general fund expenditures charged to maintenance and operations activities 61-supervision and 64-maintenance and capital projects fund expenditures charged to type code 22-remodeling and 42-capital improvements as defined in the Accounting Manual for Public School Districts.
[Statutory Authority: [RCW 28A.525.020.] 91-12-058, 180-33-023, filed 6/5/91, effective 7/6/91.]