WSR 17-16-147

EXPEDITED RULES

[Filed August 1, 2017, 12:55 p.m.]

Title of Rule and Other Identifying Information: The pollution liability insurance agency (PLIA) proposes to repeal chapter 374-60 WAC, the underground storage tank community assistance program, to correspond with the repeal of the statutes upon which it was based.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Cassandra Garcia, PLIA, P.O. Box 40930, Olympia, WA 98504, AND RECEIVED BY October 2, 2017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: PLIA intends to repeal chapter 374-60 WAC to be consistent with the 2016 legislation (SHB 2357, section 24, chapter 161, Laws of 2016) which repealed PLIA's statutory authority in chapter 70.148 RCW. PLIA's proposed rule making will align the agency's rule with the change in state law. SHB 2357 became effective on June 9, 2016, at which time chapter 374-60 WAC also became ineffective.

Chapter 374-60 WAC established the underground storage tank community assistance program, which awarded grants to qualifying privately owned and operated sources of petroleum products, local government entities, and rural hospitals which met vital government, public health, education, recreation, or safety needs. The grants were used for replacement or upgrading and, if required, cleanup of underground petroleum storage tank sites.

In 2016, the legislature repealed the statute which authorized the program: RCW 70.148.120 Financial assistance for corrective actions in small communities—Intent, 70.148.130 Financial assistance—Criteria, 70.148.140 Financial assistance—Private owner or operator, 70.148.150 Financial assistance—Public owner or operator, 70.148.160 Financial assistance—Rural hospitals, and 70.158.170 [70.148.170] Certification.

Reasons Supporting Proposal: Expedited repeal of rules is authorized by RCW 34.05.353 (2)(a), as the statue [statute] on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule. The statutory authority for the underground storage tank community assistance program was established in chapter 70.148 RCW. This authority was repealed by section 24, chapter 161, Laws of 2016. As PLIA no longer has statutory authority to implement the program, the rule should be repealed.

Statutory Authority for Adoption: RCW 70.148.120, 70.148.130, 70.148.140, 70.148.150, 70.148.160, 70.148.170, section 24, chapter 161, Laws of 2016.

Statute Being Implemented: RCW 70.148.120, 70.148.130, 70.148.140, 70.148.150, 70.148.160, 70.148.170, section 24, chapter 161, Laws of 2016.

Name of Proponent: PLIA, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Cassandra Garcia, Lacey, Washington, (360) 407-0512.

August 1, 2017

Cassandra Garcia

Deputy Director