Current Rulemaking Activity
Energy Independence Act – Incremental Biomass Generation
Commerce is conducting a rule update to implement recent legislation changing the eligibility of renewable energy from biomass generating facilities. The new law, Engrossed Senate Bill 5128, expands biomass eligibility under the state’s renewable energy law, the Energy Independence Act (EIA). Eligible renewable energy will include incremental generation that results from capital investment projects at older biomass generating facilities. The law has specific eligibility requirements, and it requires that Commerce adopt rules on how the baseline level of generation should be calculated. To stay informed of the rule development process and to get more information please visit the Energy Independence Act rulemaking webpage.
Chapter 365-65 WAC
Small Business Retirement Marketplace
Commerce is conducting a rule update following the passage of SSB 5675 amending elements of the minimum operating requirements of the Small Business Retirement Marketplace during the 2017 regular legislative session. Commerce is responsible for managing the Washington Small Business Retirement Marketplace in consultation with the state Office of the Insurance Commissioner and Department of Financial Institutions. The retirement plans to be offered on the Marketplace are regulated by the US Department of Treasury, Internal Revenue Service and US Department of Labor; this rulemaking will not impact how retirement plans are regulated by these federal entities. The affected Washington regulatory and administrative agencies will coordinate to implement the updates to the Washington Small Business Retirement Marketplace. Commerce will amend its rules in consultation with the Department of Financial Institutions, Office of the Insurance Commissioner and organizations representing eligible employers, qualified employees, private and nonprofit sector retirement plan administrators and providers and another other interested individuals or entities. To stay informed of the rule development process and to get more information please visit the Small Business Retirement Marketplace website
Chapters 365-190, 365-196, and 365-191 WAC
Land use planning | Critical areas | Agriculture
Commerce is conducting a rule update following the addition of the Voluntary Stewardship Program to the Growth Management Act in 2011. Rules may be updated to adequately reflect the new requirements and to provide clear guidance to regulate and protect critical areas on land used for agricultural activities. The rulemaking effort includes a review of court cases and best practices in regulating existing and new agricultural activities. An advisory committee will be formed to aide in the rulemaking effort. Stakeholders will have an opportunity to review the draft rule and provide comment and input in the Spring of 2017. To stay informed of the rule development process and to get more information please visit the project website.
Chapter 130-10 WAC and Title 365 WAC
Commerce is conducting an update to its Public Records Act rules. This update is needed to reflect changes to the statute, court decisions, and Commerce’s organizational structure and record disclosure practices. A public hearing on the proposed rules will take place at 11 a.m. on Thursday May 25, 2017 at 1011 Plum St. SE, Olympia. To comment on the proposed rules, or for more information, please contact Commerce’s Public Records Officer Shannon Goudy at (360) 725-2706 or firstname.lastname@example.org. Public comments will be accepted until May 26, 2017.
Upcoming Rulemaking Activity
Commerce publishes its rulemaking agenda in the Washington State Register twice per year. There may be additional rule-making activity not on the agenda as conditions warrant.
Recently completed Rulemaking
Chapter 194-37 WAC
Energy Independence Act (I-937) rule update
Commerce updated rules governing energy conservation goals for electric utilities.
CONCISE EXPLANATORY STATEMENT (PDF)
FINAL RULES (PDF)
Chapter 194-29 WAC
Practicable use of electricity and biofuels to fuel local government vehicles
Commerce adopted final rules for how local governments are to meet the requirements set forth in RCW 43.19.648 regarding procurement of alternative fuels and vehicles
Chapter 365-65 WAC
Small business retirement marketplace
Commerce adopted final rules for the operation of the Small Business Retirement Marketplace in May 2016:
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Other Rulemaking Activity