Current Rulemaking Activity

WAC 194-37-135
Energy Independence Act – Incremental Biomass Generation
Commerce updated rules to implement recent legislation changing the eligibility of renewable energy from biomass generating facilities. The new law, Engrossed Senate Bill 5128, expanded biomass eligibility under the state’s renewable energy law, the Energy Independence Act (EIA). Eligible renewable energy includes incremental generation that results from capital investment projects at older biomass generating facilities. The law has specific eligibility requirements, and it required that Commerce adopt rules on how the baseline level of generation should be calculated.
A public hearing was  held on the draft rules at 1011 Plum St. SE, Olympia, at 10 a.m. on September 6, and the rules were adopted on September 13. For more information please visit the Energy Independence Act rulemaking webpage.
CR-101 (PDF)
CR-102 (PDF)
CR-103 (PDF)
Final Rules (PDF)

WAC 194-26
Greenhouse Gas Emissions Performance Standard
Commerce is conducting a rulemaking to update the average greenhouse gas emission rate from new, commercially available combined cycle combustion turbines which is referenced in RCW 80.80.040 Greenhouse gas emission performance standard – Rules. This section establishes the state greenhouse gas emission performance standard for utility baseload electric generation which becomes the lower of one thousand one hundred pounds per megawatt-hour; or the average greenhouse gas emission rate as determined under RCW 80.80.050. The determination is to be updated every five years after July 22, 2007. Commerce will host stakeholder meetings seeking input during Summer 2017.
CR-101 (PDF)

WAC 365-10
Public Records – Disclosure
Commerce is conducting a rulemaking to update its Public Records disclosure rules to reflect changes to the Public Records Act made during the 2017 legislative session. Commerce’s Public Records Office will coordinate development of the permanent rule. An emergency rule establishing a new fee structure was filed on July 20, effective July 23. Proposed permanent rule updates were filed on September 11.
A public hearing will be held on the proposed rules at 1011 Plum St. SE, Olympia, at 10 a.m. on October 30, 2017. Written comments may be submitted by email to no later than October 30, 2017.
CR-101 (PDF)
Proposed Rules(PDF)
CR-103E (PDF)

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.

Current: July-December 2017
Previous: January-June 2017

Recently Completed Rulemaking

Chapters 365-190, 365-196, and 365-191 WAC
Land use planning | Critical areas | Agriculture
Commerce conducted a rule update following the addition of the Voluntary Stewardship Program to the Growth Management Act. Rules were updated to reflect the new requirements and to provide clear guidance to regulate and protect critical areas on land used for agricultural activities. The rulemaking effort included a review of court cases and best practices in regulating existing and new agricultural activities, and formation of an advisory committee.
A public hearing was held on the draft rules at 1011 Plum St. SE, Olympia, at 10 a.m. on August 23, and the rules were adopted on October 2. For more information please visit the project website.
CR-101 (PDF)
CR-102 (PDF)
CR-103 (PDF) [WSR 17-20-100]
Final Rules (PDF)

Chapter 365-65 WAC
Small Business Retirement Marketplace
Commerce conducted 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 did not impact how retirement plans are regulated by these federal entities. The affected Washington regulatory and administrative agencies coordinated to implement the updates to the Washington Small Business Retirement Marketplace. Commerce amended 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.
A public hearing was  held on the draft rules at 1011 Plum St. SE, Olympia, at 1:30 p.m. on August 22, and the rules were adopted on September 12.  For more information please visit the Small Business Retirement Marketplace website
CR-101 (PDF)
CR-102 ( PDF)
CR-103 (PDF)
Final Rules (PDF)
Concise Explanatory Statement of Changes to Draft Rules (PDF)

Chapter 130-10 WAC and Title 365 WAC
Public Records
Commerce updated its Public Records Disclosure rules to reflect changes to the Public Records Act, court decisions, and Commerce’s organizational structure and record disclosure practices
CR-103 (PDF)

Chapter 194-37 WAC
Energy Independence Act (I-937) rule update
Commerce updated rules governing energy conservation goals for electric utilities.
CR-103 (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
CR-103 (PDF)

More about Commerce

Other Rulemaking Activity

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Jaime Rossman
Rules Coordinator

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