WSR 98-06-073

PROPOSED RULES

STATE BOARD FOR

COMMUNITY AND TECHNICAL COLLEGES

[Filed March 3, 1998, 8:36 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-012.

Title of Rule: Pertaining to prior approval by the state board by college districts for capital projects and acquisition of real property.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Statute Being Implemented: Rules review in compliance with Governor's Executive Order 97-02.

Summary: See Title of Rule above.

Reasons Supporting Proposal: Updating rules in compliance with Governor's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting and Implementation: Scott Morgan/Tom Henderson, 319 7th Avenue, Olympia, (360) 753-0880; and Enforcement: Howard Fischer, Senior Assistant Attorney General, Education Division, (360) 586-2789.

Name of Proponent: State Board for Community and Technical Colleges, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule and Summary above.

Proposal Changes the Following Existing Rules: Minor changes in compliance with updating agency rules in accordance with Governor's Executive Order 97-02.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: State Board for Community and Technical Colleges, 319 Seventh Avenue, Olympia, WA 98504, on April 9, 1998, at 3 p.m.

Assistance for Persons with Disabilities: Contact Claire Krueger, (360) 753-7413, by March 31, 1998, (360) 586-6440.

Submit Written Comments to: Tom Henderson, State Board for Community and Technical Colleges, P.O. Box 42495, Olympia, WA 98504, FAX (360) 586-6440, by March 31, 1998.

Date of Intended Adoption: April 9, 1998.

March 31 [3], 1998

Claire C. Krueger

Executive Assistant

Agency Rules Coordinator

AMENDATORY SECTION (Amending Order 3, filed 6/19/69)

WAC 131-24-010 Districts shall obtain prior approval of state board for capital projects and acquisition of realty. ((Community)) College districts that wish to contract for or otherwise cause the construction, reconstruction, erection, equipping, disposal, demolition, or alteration of buildings, facilities, or other capital assets; or to acquire, by purchase or lease, sites, right of way, easements, improvements, or appurtenances to real property and shall first obtain the approval of the state board for community and technical colleges ((education)) pursuant to the procedures established for such approval and action.

[Order 3, 131-24-010, filed 6/19/69.]

AMENDATORY SECTION (Amending Order 56, filed 4/2/76)

WAC 131-24-020 College district revenue bond issues--Approval required. (1) ((Community)) College districts that wish to issue revenue bonds pursuant to RCW 28B.50.140(6) must receive the prior approval of the state board and the state finance committee, as required by RCW 28B.50.409.

(a) District requests for state board approval shall consist of a written presentation describing the proposed use of the bond revenue, the need for the facility, cost projections, source and anticipated annual revenue pledged to debt service, and the characteristics of the bond issue proposed.

(b) After receiving state board approval, the requesting district and the state director or his designee will jointly prepare a request to the state finance committee for approval of the proposed issue.

(2) Following approval of a revenue bond issue, the district shall establish a bond retirement fund as required by RCW 28B.50.330. Subject to the provisions of RCW 28B.50.320, the district shall select a local depository into which it shall place all revenue pledged to debt service for such revenue bond issue. Any federal or state funds or other grants, bequests, gifts, or income therefrom pledged to the retirement of such revenue bond issue shall be deposited as herein provided; except, that if such funds could not be obtained if so deposited, they shall be deposited according to the applicable law or term of the trust, bequest, or gift.

(3) Nothing in this section shall be construed to change the current status of any revenue bond issues approved prior to the effective date of this rule and pursuant to WAC 131-04-010, which section is hereby repealed.

[Order 56, 131-24-020, filed 4/2/76. Formerly WAC 131-04-010.]

AMENDATORY SECTION (Amending Order 58, filed 5/10/76)

WAC 131-24-030 Capital construction projects--SEPA policies and procedures. (1) It shall be the policy of the state board for community and technical colleges ((education)) that capital projects proposed by ((community)) college districts shall be developed in a manner consistent with the provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA), and chapter 197-10 WAC, guidelines for SEPA implementation.

(2) A ((community)) college district initiating a request for approval of any capital construction expenditure shall be considered the "lead agency" for the purpose of carrying out the provisions of chapter 43.21C RCW and chapter 197-10 WAC.

(((3) Community college districts seeking state board approval of capital project construction expenditures pursuant to WAC 131-24-010 shall provide as part of such requests a draft "declaration of significance/nonsignificance" regarding the potential adverse effects the proposed project would have on the environment.

(4) The draft "declaration of significance/nonsignificance" shall conform in both form and supporting documentation, if such is required, to the provisions of WAC 197-10-355.

(5) When the declaration required by subsection (3) of this section indicates a finding that there exists a reasonable belief by the lead agency that the proposed project could have a significant adverse effect on the environment, the request for state board approval of capital project construction funds shall be construed to be an affirmation that the district has complied with the provisions for preparation and circulation of draft and final environmental impact statements in WAC 197-10-410 through 197-10-695.))

[Order 58, 131-24-030, filed 5/10/76.]

REPEALER

The following section of the Washington Administrative Code is repealed: