Effective Date of Rule: July 1, 2015.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The state board of health anticipates restrictions imposed by the 2009 legislature on the implementation of new or amended school facility rules will continue through June 2015.

     Purpose: This filing delays the effective date of new sections of chapter 246-366 WAC, Primary and secondary schools, and chapter 246-366A WAC, Environmental health and safety standards for primary and secondary schools, two years because of anticipated state budget shortfalls in the 2013-2015 biennium and previous legislative direction. These rules provide minimum environmental health and safety standards for schools.

     NOTE: New sections of chapter 246-366 WAC, Primary and secondary schools, and new chapter 246-366A WAC, Environmental health and safety standards for primary and secondary schools, were adopted by the state board of health on August 12, 2009. The board filed a rule-making order, WSR 10-01-174, on December 22, 2009, setting the effective date for the new rules as July 1, 2010. On March 10, 2010, the board voted to file an amended rule-making order (WSR 10-12-018) to change the effective date of these new rules to July 1, 2011. On April 13, 2011, the board again considered the need to match resources and capacity to be able to implement the rules as intended and voted another rule-making order (WSR 11-10-080) to delay the effective date of the new rules another two years to July 1, 2013. Because the state budget situation still was looking bad and the bill submitted for Governor Gregoire's budget proposal for the 2013-2015 biennium still contained restrictions on implementing new school facility rules, the board again voted on March 13, 2013, to delay the effective date of the new rules another two years, until July 1, 2015.

     Statutory Authority for Adoption: RCW 43.20.050.

      Adopted under notice filed as WSR 09-14-136 on July 1, 2009.

     Changes Other than Editing from Proposed to Adopted Version: See WSR 10-01-174.

     A final cost-benefit analysis is available by contacting Vicki Bouvier, P.O. Box 47821, Olympia, WA 98504-7821, phone (360) 236-3011, fax (360) 236-2250, e-mail vicki.bouvier@doh.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: March 13, 2013.

Michelle A. Davis

Executive Director