reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the definitions
				in this section apply throughout this chapter.
(1) "Board" means the public works
			 board.
(2) "Capital facility plan"
			 means a capital facility plan required by the Growth Management Act under
			 chapter 36.70A RCW or, for local governments not fully planning under the
			 Growth Management Act, a plan required by the public works board.
(3) "Department" means the department of
			 commerce.
(4) "Financing
			 guarantees" means the pledge of money in the public works assistance account,
			 or money to be received by the public works assistance account, to the
			 repayment of all or a portion of the principal of or interest on obligations
			 issued by local governments to finance public works projects.
(5) "Local governments" means cities, towns,
			 counties, special purpose districts, and any other municipal corporations or
			 quasi-municipal corporations in the state excluding school districts and port
			 districts.
(6) "Public works
			 project" means a project of a local government for the planning, acquisition,
			 construction, repair, reconstruction, replacement, rehabilitation, or
			 improvement of streets and roads, bridges, water systems, storm or sanitary
			 sewer systems, lead remediation of drinking water systems, and solid
			 waste/recycling systems. A planning project may include the compilation of
			 biological, hydrological, or other data on a county, drainage basin, or region
			 necessary to develop a base of information for a capital facility
			 plan.
(7) "Solid waste or recycling
			 project" means remedial actions necessary to bring abandoned or closed
			 landfills into compliance with regulatory requirements and the repair,
			 restoration, and replacement of existing solid waste transfer, recycling
			 facilities, and landfill projects limited to the opening of landfill cells that
			 are in existing and permitted landfills.
(8) "Emergency public works project" means a
			 public works project made necessary by a natural disaster, or an immediate and
			 emergent threat to the public health and safety due to unforeseen or
			 unavoidable circumstances.
(9)
			 "Value planning" means a uniform approach to assist in decision making through
			 systematic evaluation of potential alternatives to solving an identified
			 problem.
Statutory Authority:
				  RCW
				   43.155.040(4) and (5).
				  98-24-010, §
										399-30-020, filed 11/19/98,
				  effective 12/20/98. Statutory Authority:
				  RCW
				   43.155.040. 89-10-041 (Order 89-01), §
										399-30-020, filed 4/28/89.
				  Statutory Authority: 1985 c 446 § 10. 85-24-072 (Order 85-17), §
										399-30-020, filed
				  12/4/85.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-024 - Maximum award

Current through Register Vol. 24-14, July 15, 2024
This section implements
				RCW
				 43.155.070. The maximum amount of funding
				that the board may provide for any jurisdiction is ten million dollars per
				biennium. This includes all three funding types (construction, emergency and
				preconstruction) combined.
(1)
			 Construction, the maximum is a ten million dollar award per jurisdiction per
			 biennium limit.
(2)
			 Preconstruction, the maximum is one million dollars per project.
(3) Emergency, the maximum is one million
			 dollars per project.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-025 - Public works financing powers- Establishment of interest rates-Competitive bids on projects

Current through Register Vol. 24-14, July 15, 2024
(1) In order to aid the financing of public
			 works projects, the board may:
(a) Make loans
			 or grants to local governments from the public works assistance account or
			 other funds and accounts for the purpose of assisting local governments in
			 financing public works projects. Money received from local governments in
			 repayment of loans made under this section shall be paid into the public works
			 assistance account for uses consistent with this chapter.
(b) Pledge money in the public works
			 assistance account, or money to be received by the public works assistance
			 account, to the repayment of all or a portion of the principal of or interest
			 on obligations issued by local governments to finance public works projects.
			 The board shall not pledge any amount greater than the sum of money in the
			 public works assistance account plus money to be received from the payment of
			 the debt service on loans made from that account, nor shall the board pledge
			 the faith and credit or the taxing power of the state or any agency or
			 subdivision thereof to the repayment of obligations issued by any local
			 government.
(c) Create such
			 subaccounts in the public works assistance account as the board deems necessary
			 to carry out the purposes of this chapter.
(d) Provide a method for the allocation of
			 loans, grants, and financing guarantees and the provision of technical
			 assistance under this chapter.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-030 - Applications for construction and preconstruction financial assistance

Current through Register Vol. 24-14, July 15, 2024
(1) Any local
			 government in the state of Washington may apply for financial assistance to
			 assist in financing critical public works projects.
(2) All applicants must meet the following
			 conditions:
(a) Applicant cities and counties
			 must be imposing a real estate excise tax under
			 RCW
			  82.46.010(2) at a rate of at
			 least one-quarter of one percent;
(b) Applicant local governments must have
			 developed a long-term plan for financing public works needs as further
			 described in the loan application package under "capital facilities
			 planning."
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-031 - Applications for drinking water state revolving funds and water system acquisition and rehabilitation program financial assistance

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   43.155.040(4). 09-04-100,
				  §
										399-30-031, filed 2/4/09,
				  effective 3/7/09; 07-05-029, §
										399-30-031, filed 2/13/07,
				  effective 3/16/07.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-032 - What are the requirements for meeting the Growth Management Act under RCW 43155070?

Current through Register Vol. 24-14, July 15, 2024
(1) "Compliance with the Growth Management
			 Act" means that at the time of application for financial assistance:
(a) A local government that is required to or
			 chooses to plan under
			 RCW
			  36.70A.040 has adopted a comprehensive plan
			 and development regulations in conformance with the requirements of chapter
			 36.70A RCW, after it is required that the comprehensive plan and development
			 regulations be adopted; and
(b) The
			 local government has not been found out of compliance by a growth management
			 hearings board; or
(c) A growth
			 management hearings board has found a local government in compliance with the
			 requirements of chapter 36.70A RCW, after previously finding the local
			 government was not in compliance.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-040 - Application evaluation procedure and board deliberations-Construction and preconstruction loan or grant programs

Current through Register Vol. 24-14, July 15, 2024
(1) The board will
			 consider and prioritize, or disapprove, all applications for financial
			 assistance at regular or special meetings of the board. The applicant will be
			 notified of meetings at which its application will be considered.
(2) Applications will be evaluated and
			 prioritized in accordance with the following procedures:
(a) Staff will log in all applications as
			 received.
(b) Staff will review all
			 applications for compliance with the minimum qualification requirements of WAC
			 399-30-030(2).
			 Jurisdictions whose applications do not meet the minimum qualification
			 requirements will be notified in writing of the disqualification.
(c) Staff will perform an evaluation of all
			 applications which meet the requirements of WAC
			 399-30-030(2).
			 Applications will be scored according to responses in the application developed
			 and approved by the board.
(d)
			 Staff will provide the board with evaluation and scoring of the applications.
			 All application materials will be available to the board for their
			 deliberations. The board will approve a ranked list of projects based on the
			 information provided to them by the staff and the applications.
(e) The board may adjust the ranked list in
			 consideration of the following factors:
(i)
			 Geographical balance;
(ii) Economic
			 distress;
(iii) Type of
			 projects;
(iv) Type of
			 jurisdiction;
(v) Past management
			 practices of the applicant, including, but not limited to, late loan payments,
			 loan defaults, audit findings, or inability to complete projects within the
			 time allowed by loan agreement;
(vi) Other criteria that the board considers
			 advisable.
(f) Staff
			 will verify critical information on each project as required by the
			 board.
(g) In order to ensure
			 fairness to all jurisdictions with applications pending before the board, the
			 board will not accept oral or written testimony from any applicant while
			 deliberating loan priorities, other than specific responses to information
			 requests initiated by the board as provided in (h) of this
			 subsection.
(h) The board may
			 consult with officials of jurisdictions having projects submitted for funding
			 on any issue it wishes to address.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-042 - Application evaluation procedure and board deliberations - Capital planning support

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   43.155.040(4). 09-04-100,
				  §
										399-30-042, filed 2/4/09,
				  effective 3/7/09; 07-05-029, §
										399-30-042, filed 2/13/07,
				  effective 3/16/07. Statutory Authority:
				  RCW
				   43.155.040(5). 01-09-014,
				  §
										399-30-042, filed 4/6/01,
				  effective 5/7/01. Statutory Authority:
				  RCW
				   43.155.040(4) and (5).
				  98-24-010, §
										399-30-042, filed 11/19/98,
				  effective 12/20/98. Statutory Authority:
				  RCW
				   43.155.040(4). 92-03-052,
				  §
										399-30-042, filed 1/13/92,
				  effective 2/13/92. Statutory Authority:
				  RCW
				   43.155.040. 88-17-080 (Order 88-03), §
										399-30-042, filed
				  8/22/88.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-045 - Application evaluation procedure and board deliberations-Emergency loan program

Current through Register Vol. 24-14, July 15, 2024
This section implements
				RCW
				 43.155.060 and
				43.155.065. The board may make
				low-interest or interest free loans or grants to local governments for
				emergency public works projects. The emergency loan program is to financially
				assist eligible communities experiencing the loss of critical public works
				services or facilities due to an emergency, and that can demonstrate a
				substantial fiscal need.
(1) Eligible
			 local governments. Applicants must meet the conditions as identified under WAC
			 399-30-030(2).
(2) Eligible uses of funds. Financial
			 assistance received shall be used for the purpose of restoring the services
			 and/or repair of the public works facilities involved in the emergency.
			 Assistance provided may be used to help fund all or part of an emergency public
			 works project less any reimbursement from any of the following:
(a) Federal disaster or emergency funds,
			 including funds from the Federal Emergency Management Agency;
(b) State disaster or emergency
			 funds;
(c) Insurance settlements;
			 or
(d) Litigation.
Assisted local governments must reimburse the department any
				moneys received from the sources listed above. The local government is
				obligated to make reimbursement for four years after formal project closeout.
				Local governments eligible to receive moneys must use their best efforts to
				seek reimbursement in a timely manner.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-050 - Recommendations to the legislature for construction loans

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   43.155.040(4). 07-05-029,
				  §
										399-30-050, filed 2/13/07,
				  effective 3/16/07. Statutory Authority:
				  RCW
				   43.155.040(4) and (5).
				  98-24-010, §
										399-30-050, filed 11/19/98,
				  effective 12/20/98. Statutory Authority:
				  RCW
				   43.155.040(4). 92-03-052,
				  §
										399-30-050, filed 1/13/92,
				  effective 2/13/92. Statutory Authority:
				  RCW
				   43.155.040. 89-10-041 (Order 89-01), §
										399-30-050, filed 4/28/89.
				  Statutory Authority: 1985 c 446 § 10. 85-24-072 (Order 85-17), §
										399-30-050, filed
				  12/4/85.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-060 - Loan and financing guarantee loan agreements for the construction loan program

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 board will only execute loan/grant agreements or otherwise financially obligate
			 funds from the public works assistance account appropriated funds to the board
			 for construction, preconstruction, planning, and emergency loans.
(2) After the legislature has appropriated
			 funds from the public works assistance account for a specific list of public
			 works projects or budget allocation, the construction loan/grant funds will be
			 disbursed to the applicant local government through a loan/grant agreement. The
			 loan/grant agreement will offer terms and conditions as the board determines
			 are reasonable, based on the following standards:
(a) The local government's financial
			 participation funds must be from locally generated funding or federal or state
			 shared revenues that can be allocated at the discretion of the local
			 government.
(b) The interest rates,
			 local share requirements and loan limits will be determined annually by the
			 board.
(c) Loans must not exceed
			 thirty years, or the useful life of the improvements, whichever is
			 shorter.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-065 - Emergency loan and financing guarantee loan agreements

Current through Register Vol. 24-14, July 15, 2024
(1) After the legislature has appropriated
			 funds from the public works assistance account for emergency loans, the loan
			 funds will be disbursed to the applicant local government pursuant to a loan
			 agreement. The loan agreement will offer terms and conditions the board
			 determines are reasonable, based on the following standards:
(a) The local government's financial
			 participation funds must be from locally generated revenues or federal or state
			 shared revenues that can be allocated at the discretion of the local
			 government.
(b) Loans must not
			 exceed twenty years, or the useful life of the improvements, whichever is
			 shorter.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-070 - Loans or grants for preconstruc-tion activities

Current through Register Vol. 24-14, July 15, 2024
This section implements
				RCW
				 43.155.068.
(1) The board may make loans or grants to
			 local governments for preconstruction activities on public works projects
			 before the legislature approves the construction phase of the project.
			 Preconstruction activities include design, engineering, bid-document
			 preparation, environmental studies, right-of-way acquisition, value planning,
			 and other preliminary phases of public works projects as determined by the
			 board. The purpose of the loans and grants authorized in this section is to
			 accelerate the completion of public works projects by allowing preconstruction
			 activities to be performed before the appropriation for the construction phase
			 of the project by the legislature.
(2) Projects receiving loans or grants for
			 preconstruction activities under this section must be evaluated using the
			 priority process and factors in
			 RCW
			  43.155.070. The receipt of a loan or grant
			 for preconstruction activities does not ensure the receipt of a construction
			 loan or grant for the project under this chapter. Construction loans or grants
			 for projects receiving a loan or grant for preconstruction activities under
			 this section are subject to legislative appropriation under
			 RCW
			  43.155.070(7). The board
			 shall adopt a single application process for local governments seeking both a
			 loan or grant for preconstruction activities under this section and a
			 construction loan for the project.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-080 - Reporting

Current through Register Vol. 24-14, July 15, 2024
Before September 1, 2018, and each year thereafter, the board
				must develop and submit a report regarding the construction loans and grants to
				the office of financial management and appropriate fiscal committees of the
				senate and house of representatives. The report must include:
(1) The total number of applications and
			 amount of funding requested for public works projects;
(2) A list and description of projects
			 approved in the preceding fiscal year with project scores against the board's
			 prioritization criteria;
(3) The
			 total amount of loan and grants disbursements made from the public works
			 assistance account in the preceding fiscal year;
(4) The total amount of loan repayments in
			 the preceding fiscal year for outstanding loans from the public works
			 assistance account;
(5) The total
			 amount of loan repayments due for outstanding loans for each fiscal year over
			 the following ten-year period; and
(6) The total amount of funds obligated and
			 timing of when the funds were obligated in the preceding fiscal year.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-30 - Public works loans and pledges › Section 399-30-085 - Loans and grants for public works projects-Statement of environmental benefits-Sustainable asset management best practices-Development of outcome-focused performance measures

Current through Register Vol. 24-14, July 15, 2024
(1) This section implements
			 RCW
			  43.155.075. In providing loans and grants for
			 public works projects, the board shall require recipients to incorporate the
			 environmental benefits of the project into their applications, and the board
			 shall utilize the statement of environmental benefits in its prioritization and
			 selection process, when applicable. For projects funded under this chapter, the
			 board may require a local government to:
(a)
			 Have sustainable asset management best practices in place;
(b) Provide a long-term financial plan to
			 demonstrate a sound maintenance program;
(c) Have a long-term financial plan for loan
			 repayments in place; and
(d)
			 Undergo value planning at the predesign project stage, where the greatest
			 productivity gains and cost savings can be found.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-40 - Compliance with State Environmental Policy Act › Section 399-40-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to comply with
				RCW
				 43.21C.120, which requires all agencies of
				government in the state of Washington, consistent with the rules and guidelines
				adopted under
				RCW
				 43.21C.110, to adopt rules pertaining to the
				integration of policies and procedures of the State Environmental Policy Act of
				1971, into the various programs under their jurisdiction for
				implementation.
Statutory Authority: 1985 c 446 § 10. 85-24-072 (Order
				  85-17), §
										399-40-010, filed
				  12/4/85.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-40 - Compliance with State Environmental Policy Act › Section 399-40-020 - Statement

Current through Register Vol. 24-14, July 15, 2024
Pursuant to WAC
				197-11-800(14),
				the public works board has reviewed its authorized activities and has found
				them all to be exempt under the provisions of chapter 197-11
				WAC.
Statutory Authority:
				  RCW
				  43.155.040(4). 07-05-029,
				  §
										399-40-020, filed 2/13/07,
				  effective 3/16/07; 92-03-051, §
										399-40-020, filed 1/13/92,
				  effective 2/13/92. Statutory Authority: 1985 c 446 § 10. 85-24-072 (Order
				  85-17), §
										399-40-020, filed
				  12/4/85.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-50 - Ethics in public service › Section 399-50-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) Unless another
			 definition is given, words used in this chapter have the same meaning as in
			 chapter 42.52 RCW, Ethics in public service.
(2) "Annual construction roster" means the
			 prioritized list of projects recommended for funding, which is developed and
			 submitted to the legislature before November 1 of each year under
			 RCW
			  43.155.070(4).
(3) "Beneficial interest" means the right to
			 enjoy profit, benefit, or advantage from a contract or loan agreement or other
			 property and also has the meaning given to it in Washington case law. Ownership
			 interest in a mutual fund or similar investment pooling fund in which the owner
			 has no management powers does not constitute a beneficial interest in the
			 entities in which the fund or pool invests.
(4) "Project" means public works project as
			 defined in
			 RCW
			  43.155.020(6).
Statutory Authority:
				  RCW
				  43.155.040(4). 09-04-100,
				  §
										399-50-010, filed 2/4/09,
				  effective 3/7/09; 07-05-029, §
										399-50-010, filed 2/13/07,
				  effective 3/16/07. Statutory Authority: Chapter 42.52 RCW and
				  RCW
				  43.155.040(4). 00-11-021,
				  §
										399-50-010, filed 5/9/00,
				  effective 6/9/00.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-50 - Ethics in public service › Section 399-50-020 - Interest in contracts or loan agreements, projects, or loans

Current through Register Vol. 24-14, July 15, 2024
(1) When a member of
			 the public works board is beneficially interested, directly or indirectly, in a
			 loan agreement, project, or loan that may be made by, through, or under the
			 supervision of the board, in whole or in part, or when the member accepts,
			 directly or indirectly, any compensation, gratuity, or reward from any other
			 person beneficially interested in such loan agreement, project, or loan, the
			 member shall:
(a) Recuse him or herself from
			 board discussion regarding the specific loan agreement, project, or
			 loan;
(b) Recuse him or herself
			 from the board vote on the specific loan agreement, project, or loan;
			 and
(c) Refrain from attempting to
			 influence the remaining board members in their discussion and vote regarding
			 the specific loan agreement, project, or loan.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-50 - Ethics in public service › Section 399-50-030 - Interest in transactions

Current through Register Vol. 24-14, July 15, 2024
(1) When
			 a member of the public works board either owns a beneficial interest in or is
			 an officer, agent, employee or member of an entity or individual engaged in a
			 transaction involving the board, the member shall:
(a) Recuse him or herself from board
			 discussion regarding the specific transaction;
(b) Recuse him or herself from the board vote
			 on the specific transaction; and
(c) Refrain from attempting to influence the
			 remaining board members in their discussion and vote regarding the specific
			 transaction.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-80 - Public works board broadband › Section 399-80-010 - Broadband service expansion grant and loan program

Current through Register Vol. 24-14, July 15, 2024
(1) The board, in collaboration with the
			 office, shall establish a competitive grant and loan program to award funding
			 to eligible applicants in order to promote the expansion of access to broadband
			 service in unserved areas of the state.
(2)
(a)
			 Grants and loans may be awarded under this section to assist in funding
			 acquisition, installation, and construction of middle mile and last mile
			 infrastructure that supports broadband services and to assist in funding
			 strategic planning for deploying broadband service in unserved areas.
(b) The board may choose to fund all or part
			 of an application for funding, provided that the application meets the
			 requirements of subsection (11) of this section.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-80 - Public works board broadband › Section 399-80-020 - Statewide broadband account

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 statewide broadband account is created in the state treasury. Moneys received
			 from appropriations by the legislature, the proceeds of bond sales when
			 authorized by the legislature, repayment of loans, or any other lawful source
			 must be deposited into the account for uses consistent with this section.
			 Moneys in the account may be spent only after appropriation.
(2) Expenditures from the account may be used
			 only:
(a) For grant and loan awards made under
			 RCW  43.155.-160, including costs incurred by the board to administer RCW
			   43.155.160;
(b) To contract for
			 data acquisition, a statewide broadband demand assessment, or gap
			 analysis;
(c) To supplement
			 revenues raised by bonds sold by local governments for broadband infrastructure
			 development; or
(d) To provide for
			 state match requirements under federal law.
Washington Administrative Code › Title 399 - Commerce, Department of (Public Works Board) › Chapter 399-80 - Public works board broadband › Section 399-80-030 - Public works board other rules

Current through Register Vol. 24-14, July 15, 2024
All other public works board rules set forth in Title 399 WAC
				shall apply to applications for broadband funding and to broadband projects
				funded by public works board, except to the extent the other rules set forth in
				Title 399 WAC conflict with the express language of this chapter 399-80 WAC. In
				the event of such conflict, the provisions of chapter 399-80 WAC shall
				control.
Broadband rules as defined in WAC 399-80-010 and
				399-80-020.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-04 - Puget Sound partnership - State Environmental Policy Act procedures › Section 400-04-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
The Puget Sound partnership adopts these procedures under the State Environmental Policy Act (SEPA), RCW  43.21C.120 and the SEPA rules, WAC 197-11-904.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-04-010, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), §
										400-04-010, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-04 - Puget Sound partnership - State Environmental Policy Act procedures › Section 400-04-040 - Additional definitions

Current through Register Vol. 24-14, July 15, 2024
"Director" means the executive director of the partnership as established in RCW  90.71.240.
"Ecosystem coordination board" or "ECB" means the representative group that advises and assists the leadership council as established in RCW  90.71.250.
"Leadership council" means the seven-member group appointed by the governor as established in RCW  90.71.220.
"Partnership" means the agency of the Puget Sound partnership consisting of the seven-member leadership council, an executive director, an ecosystem coordination board, and a Puget Sound science panel and/or agency staff.
"Science panel" means the group that advises and assists the leadership council as established in RCW  90.71.270.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-04-040, filed 5/20/10, effective 6/20/10. Statutory Authority: Chapter 90.70 RCW and RCW  43.21C.120. 90-17-063, §
										400-04-040, filed 8/15/90, effective 9/15/90. Statutory Authority: RCW  43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), §
										400-04-040, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-04 - Puget Sound partnership - State Environmental Policy Act procedures › Section 400-04-504 - Availability of environmental documents

Current through Register Vol. 24-14, July 15, 2024
There shall be established at the offices of the partnership a file containing all official partnership SEPA documents. Agencies and the public shall have access to this file.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-04-504, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), §
										400-04-504, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-04 - Puget Sound partnership - State Environmental Policy Act procedures › Section 400-04-510 - Public notice

Current through Register Vol. 24-14, July 15, 2024
When these rules require notice to be given under this section, the partnership shall inform the public and other agencies that an environmental document is being prepared or is available, and public hearing(s), if any, will be held by the following notice procedures:
(1) Publish notice in at least one newspaper of general circulation in each county, city, or general area in which the proposal is located or which the proposal affects;
(2) Notifying the news media via news releases, public service announcements and personal contact; and
(3) Sending notice to the official partnership mailing list. The official partnership list shall be kept on file and be available for inspection by the public. Individual members of the partnership's advisory bodies shall receive notice.
(4) Any other of the notice procedures listed in WAC 197-11-510, as appropriate.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-04-510, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), §
										400-04-510, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-04 - Puget Sound partnership - State Environmental Policy Act procedures › Section 400-04-680 - Appeals

Current through Register Vol. 24-14, July 15, 2024
There shall be no administrative appeals of partnership SEPA determinations. Any person may informally request, either orally or in writing, the responsible official to reconsider a determination. The official shall reconsider the determination and provide a response, but as this is not a formal appeal as described by RCW  43.21C.075 and WAC 197-11-680, the official is not required to make a record or furnish reasons for the decision. Any informal request to reconsider a partnership SEPA determination shall be made within thirty days of the determination.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-04-680, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), §
										400-04-680, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-04 - Puget Sound partnership - State Environmental Policy Act procedures › Section 400-04-902 - Partnership SEPA policies

Current through Register Vol. 24-14, July 15, 2024
The partnership adopts by reference the state environmental policy as set forth in SEPA, RCW  43.21C.020. To carry out this policy, the partnership will use all practicable means consistent with other essential considerations of state policy to improve and coordinate plans, functions, and resources, and to mitigate adverse impacts resulting from proposals to the end that the state and its citizens may:
(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable or unintended consequences;
(4) Preserve important historic, cultural, and natural aspects of our national heritage;
(5) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(6) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities;
(7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-04-902, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), §
										400-04-902, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-04 - Puget Sound partnership - State Environmental Policy Act procedures › Section 400-04-910 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
The partnership's director, or the director's designee, shall serve as the responsible official.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-04-910, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), §
										400-04-910, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-04 - Puget Sound partnership - State Environmental Policy Act procedures › Section 400-04-995 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provisions of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other person or circumstances, shall not be affected.
Statutory Authority: RCW 43.21C.120. 86-04-054 (Order 86-01, Resolution No. 4), §
										400-04-995, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to describe the partnership's communications to ensure compliance by the partnership with the provisions of chapter 42.56 RCW dealing with public records.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-06-010, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-010, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The terms "agency," "public record," and "writing" shall have the meaning as stated in RCW  42.56.010.
(2) "Partnership" means the Puget Sound partnership.
(3) "Director" means the executive director of the partnership as established in RCW  90.71.240.
(4) "Public records officer" means the partnership staff member so designated by the director.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-06-020, filed 5/20/10, effective 6/20/10. Statutory Authority: Chapter 90.70 RCW and RCW  43.21C.120. 90-17-063, §
										400-06-020, filed 8/15/90, effective 9/15/90. Statutory Authority: RCW  42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-020, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-090 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the agency, as defined in WAC 400-06-020, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW  42.56.210.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-06-090, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-090, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-100 - Office hours

Current through Register Vol. 24-14, July 15, 2024
Public records shall be available for inspection and copying during the customary office hours of the agency. For the purposes of this chapter, the customary office hours shall be from 8 a.m. to noon and from 1 p.m. to 5 p.m., Monday through Friday, excluding legal holidays.
Statutory Authority: RCW 42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-100, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-110 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
In accordance with requirements of chapter 42.56 RCW that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:
(1) A request shall be made in writing (or by fax or electronic mail if desired) upon a form prescribed by the partnership, which shall be available at its office. A request that is made other than upon the form prescribed by the office is permissible, but must provide the information listed in (a) through (e) of this subsection. The form shall be presented to the public records officer; or to any member of the partnership's staff, if the public records officer is not available, at the office of the agency during customary office hours. The request shall include the following information:
(a) The name, address, telephone numbers, and organization represented, if any, of the person requesting the record;
(b) The time of day and calendar date on which the request was made;
(c) The nature of the request;
(d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested record as it is described in such current index; and
(e) If the requested matter is not identifiable by reference to the partnership's current index, an appropriate description of the record requested.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-120 - Copying

Current through Register Vol. 24-14, July 15, 2024
No fee shall be charged for the inspection of public records. The partnership shall charge a reasonable fee in the amount necessary to reimburse the partnership for its actual costs incident to copying, including staff time directly related to copying and mailing.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-06-120, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-120, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-130 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The partnership reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 400-06-110 is exempt under any provision of chapter 42.56 RCW.
(2) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the records withheld.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-06-130, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-130, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-140 - Review of denials of public records request

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the denial of a request for public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member, which constituted or accompanied the denial.
(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall refer it to the director who shall consider the matter and either affirm or reverse such denial. The request shall be returned with a final decision, within two business days following the original denial.
(3) Administrative remedies shall not be considered exhausted until the partnership has returned the petition with a decision, or until the close of the second business day following denial of inspection, whichever occurs first.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-06-140, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-140, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-150 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
(1) No person shall knowingly alter, deface, or destroy public records of the partnership.
(2) Original copies of public records of the partnership shall not be removed from the offices of the partnership.
(3) Care and safekeeping of public records of the partnership, furnished pursuant to a request for inspection or copying, shall be the sole responsibility of the requestor.
(4) Records furnished for public inspection or copying shall be returned in good condition and in the same file sequence or organization as when furnished.
(5) Boisterous or otherwise disruptive conduct by those requesting public records of the partnership shall not be permitted.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-06-150, filed 5/20/10, effective 6/20/10. Statutory Authority: RCW  42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-150, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-160 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) A chronological index is maintained providing identifying information as to all governmental records issued, adopted, or promulgated on or after August 21, 1985, which are deemed by the partnership to fall within the purview of RCW  42.56.070 and which are not exempted under any provision of chapter 42.56 RCW.
(2) The current index promulgated by the partnership shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection. The records index shall be updated at least annually.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-06-160, filed 5/20/10, effective 6/20/10. Statutory Authority: Chapter 90.70 RCW and RCW  43.21C.120. 90-17-063, §
										400-06-160, filed 8/15/90, effective 9/15/90. Statutory Authority: RCW  42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-160, filed 2/3/86.
Washington Administrative Code › Title 400 - Puget Sound Partnership › Chapter 400-06 - Communications - Public records › Section 400-06-170 - Communications

Current through Register Vol. 24-14, July 15, 2024
All communications regarding the actions or decisions of the partnership, including activities pertaining to the administration or enforcement of chapter 42.56 RCW or these rules, shall be addressed to the Public Records Officer, Puget Sound Partnership, P.O. Box 40900, Olympia, Washington 98504-0900.
Statutory Authority: Chapter 90.71 RCW. 10-12-009, §
										400-06-170, filed 5/20/10, effective 6/20/10. Statutory Authority: Chapter 90.70 RCW. 91-20-076, §
										400-06-170, filed 9/27/91, effective 10/28/91. Statutory Authority: RCW  42.17.250 through 42.17.320, 1985 c 451 and chapter 90.70 RCW. 86-04-055 (Order 86-02, Resolution No. 5), §
										400-06-170, filed 2/3/86.