Regulatory Analysis: Hydraulic Code Rules Chapter 220-660 WAC - 2019 HPA Suction Dredge Rule Making

This report presents Washington Department of Fish and Wildlife (WDFW) analyses and determinations pursuant to the Administrative Procedure Act (APA), chapter 34.05 Revised Code of Washington (RCW), for proposed amendments to Hydraulic Code Rules in 220-660-030, 220- 660-300, and new section 220-660-305 of the Washington Administrative Code (WAC). Analyses pursuant to the Regulatory Fairness Act, chapter 19.85 RCW, are provided in a separate document entitled 2019 HPA Suction Dredge Rule Making Small Business Economic Impact Statement.

WDFW writes and adopts Hydraulic Code Rules to implement Chapter 77.55 RCW titled Construction Projects in State Waters and also known as the Hydraulic Code.

This document is organized in relation to the APA determinations listed under RCW 34.05.328 for significant legislative rules, as follows:

• Section 1 Describes the rule and explains why it’s needed.
• Section 2 Contains a notification that a significant legislative rule analysis is required.
• Section 3 Provides goals and objectives for the statute governing the rule, for the rule, and for this specific rule making activity.
• Section 4 Discusses how the proposed rule meets the goals and objectives discussed in section 3.
• Section 5 Presents information on outreach during the preproposal period.
• Section 6 Provides a cost-benefit analysis.
• Section 7 Provides a discussion and determination of the least burdensome alternative.
• Section 8 Explores the relationship of the proposal to other state and federal laws, includes a determination that the proposal applies equally to public and private entities, describes coordination with state and federal agencies, and explains the difference between the proposal and other state or federal laws.
• Section 9 Provides a list of sources of information as required by RCW 34.05.271(1)(a).