Current Rulemaking Activity
Amending WAC 133 – Community Economic Revitalization Board Technical Fixes
The Community Economic Revitalization Board (CERB) may conduct rulemaking to bring CERB’s existing rules up to date. A CR-101 was filed on December 17, 2019.
CR 101 (PDF)
Amending WAC 365-240 – 1406 Annual Reporting
Commerce is conducting a rulemaking to support The Encouraging Investments in Affordable and Supportive Housing Act. The department filed a CR-102 and draft rule language on Dec. 17, 2019. The public comment deadline is Feb. 7, 2020.
Public comments can be submitted here.
A public hearing is set for 1 p.m. Feb. 5, 2020 at the Commerce headquarters building. Assistance for persons with disabilities is available by contacting Devin Proctor at 360-725-2999 or firstname.lastname@example.org by Jan. 27, 2020.
(PDF) and draft language (PDF) filed on December 17, 2019
Amending WAC 365-220
Commerce is conducting rulemaking to amend WAC 365-220 to align Developmental Disability Endowment Trust Fund rules with current program practices. The department filed a CR-103 on Dec. 18, 2019 to adopt the final language.
Amending WAC 194-24
Commerce may conduct rulemaking to amend WAC 194-24 to reflect recent appliance efficiency legislation. A CR-101 was filed on July 19, 2019.
Amending WAC 399
Commerce and the Public Works Board may conduct rulemaking to bring the Public Works Board’s existing rules up to date. A CR-101 was filed on July 19, 2019.
New Chapter in WAC 399
Commerce and the Public Works Board may conduct rulemaking to support 2019 Broadband legislation. A CR-101 was filed on July 19, 2019.
New Chapter in WAC 194
Commerce has concluded phase one of its Clean Energy Transformation Act (CETA) rulemaking on renewable resource eligibility and the social cost of green house gas emissions. For more information about CETA rulemaking, please see our CETA webpage.
Upcoming Rulemaking Activity
Recently Completed Rulemaking
Chapter 365-220 WAC
Developmental Disabilities Endowment Trust FundCommerce, on behalf of the Developmental Disabilities Endowment Trust Fund Governing Board, adopted rules amending 365-220 WAC to better conform such chapter to: (1) recent changes in RCW citation for the program’s authority and (2) current program practices. The rule was adopted on April 13, 2019.
Proposed Rules (PDF)
CR 103 (PDF)
Final Rules (PDF)
Commerce recently completed rulemaking pursuant to RCW 43.330.482 for the Low-Income Home Rehabilitation Revolving Loan Program. The rule was adopted September 21, 2018.
Final Rules (PDF)
Greenhouse Gas Emissions Performance Standard
Commerce recently completed 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. Commerce’s rule is referred to in Ecology rules which establish the state greenhouse gas emission performance standard for utility baseload electric generation, which is the lower of 1,100 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 filed a draft rule and supplemental CR-102 on May 2 for publication on May 16.A public hearing on the proposed rule was held on June 11, and written comments were accepted through June 14. Based on comments received, Commerce filed a revised version of the proposed rule and a second supplemental CR-102 on July 18 for publication on Aug. 1.A public hearing on the revised version of the proposed rule was held at Commerce’s Olympia Office, 1011 Plum St. SE, Olympia, WA, 98504 on Aug. 23 at 10 a.m. Commerce adopted the proposed rule, establishing the new average greenhouse gas emission rate as 925 lbs/mWh, on Sept. 19, 2018.
Documentation of renewable resource financial path for no-load growth utilities
Commerce received a request from the State Auditor for an interpretation of the “no-growth” provision in WAC 194-37- 140(2) and the associated statute, RCW 19.285.040(2)(d)(i) of determining whether a utility’s weather-adjusted load is growing. The rule was adopted on June 5th, 2018.
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. The rules were adopted on September 13, 2017. For more information please visit the Energy Independence Act rulemaking webpage.
Public Records – Disclosure
Commerce conducted a rulemaking to update its Public Records disclosure rules to reflect changes to the Public Records Act made during the 2017 legislative session. The updated rule was adopted on November 11, 2017.
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. The rules were adopted on October 2, 2017. For more information please visit the project website.
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. The rules were adopted on September 12, 2017. For more information please visit the Small Business Retirement Marketplace website
CR-102 ( PDF)
Final Rules (PDF)
Concise Explanatory Statement of Changes to Draft Rules (PDF)