Rulemaking

Commerce is considering version updates to any existing appliances that use an adopted reference standard or test method under WAC 194-24. Commerce is not considering any new products or standards.

A CR-101 preproposal statement of inquiry was filed on Sept. 22, 2021. Commerce is soliciting written comments on the scope of this rulemaking by Oct. 13, 2021.

Interested parties may add their names to the email distribution list at Commerce.wa.gov/Appliances. Questions or comments may be submitted to Liz Reichart, at Appliances@Commerce.wa.gov.

• WAC 194-24 CR-101 (PDF)

Commerce is updating WAC 365-230, to align Commerce with the EPA’s newly lowered clearance standards for lead-based paint on floors and windows and existing definitions for “landlord” and “property manager.” The proposed rules also amend certain training and certification requirements to reflect programmatic updates and to clarify language for firms and employees.

A CR-101 was filed on March 9, 2021. A CR-102 was filed on July 7, 2021. The CR-103 with the final adopted language was filed on Oct. 29, 2021.

• WAC 365-230 CR-101 (PDF)
• WAC 365-230 CR-102 (PDF)
• WAC 365-230 Proposed Revisions (PDF)
• WAC 365-230 CR-103 (PDF)
• WAC 365-230 Final Adopted Language (PDF)

The Washington State Department of Commerce is updating administrative rules for the Growth Management Act (GMA). A CR-101, intent for rulemaking (PDF), was filed on January 17, 2024.

The rulemaking effort responds to Chapter 228, Laws of 2023 (HB1181) (PDF) which calls for the addition of a new climate element in comprehensive plans. Rulemaking will address requirements for the climate element, including:

1. Climate resilience sub-element; and
2. Greenhouse gas (GHG) reduction sub-element (required of a smaller subset of jurisdictions).  

Rulemaking will also address Commerce’s new regulatory authority to review and approve GHG sub-elements voluntarily submitted by cities and counties.

What’s next?

Commerce expects to share an initial draft of the WAC revisions with stakeholders and members of the public by spring 2025. We plan to hold a formal public hearing in summer 2025, and hope to adopt the rules by the end of 2025.

In addition, Commerce may also amend related chapters of the Washington Administrative Code (WAC) to address the requirements of Chapter 228, Laws of 2023 (HB 1181). Refer to the tentative rulemaking schedule for specific dates.

The subject of possible rulemaking includes:

• Chapter 365-196 WAC: Procedural Criteria for Adopting Comprehensive Plans and Development Regulations.
• Chapter 365-199 WAC: Procedures for Determination of Compliance for Jurisdictions Seeking Voluntary Reversion to Partial Planning Status.
• Chapter 365-195 WAC: Growth Management Act – Best Available Science.
• Chapter 365-190 WAC: Minimum Guideline to Classify Agriculture, Forest, Mineral Lands and Critical Areas.

The Washington departments of Health and Ecology will conduct aligned rulemaking to address Chapter 228, Laws of 2023 (HB 1181).

Feedback is welcome

We welcome your feedback throughout the rulemaking process and encourage you to submit comments via the online Climate Rulemaking Feedback form. You may also sign up to receive updates as the rulemaking process moves forward.

More information

This notification is intended to provide initial information about the rulemaking process and where you can find additional information. Commerce’s Growth Management Climate team will seek public input in early 2024 to continue this rulemaking process.

Additional materials will be posted on this page as they become available.

Contacts

Please contact GMARulemaking@Commerce.wa.gov if you have questions, comments, or want to learn more about this rulemaking effort.

The Washington State Department of Commerce is preparing to update administrative rules for the Growth Management Act (GMA) and filed a CR101, intent for rulemaking on June 21, 2023. We will work with local governments to ensure comprehensive plans and development regulations include efforts to accommodate housing affordable to all economic segments of the population in Washington. Planning for housing now requires an inclusive and equity-driven approach to meet the housing needs for all residents at all income levels.

Over the next few months, Commerce will consider amendments to Chapter 365-196 and 365-199 WAC, which may also include new sections. These possible amendments will reflect new legislation on housing, urban growth areas, and rural planning. This includes changes in how local governments plan for affordable housing, increases in residential density, accessory dwelling units, tiny houses, design review, local project review, urban growth area swaps, and infill development in limited areas of more intensive rural development.

• WAC 365-196 CR-101 (PDF)
• WAC 365-196 & 199 CR-102 (PDF) Draft rules WAC 365-196
• Draft rules WAC 365-199
• GMA Housing Rulemaking Scope (PDF)
• Registration for January 6, 2025 public hearing at 11 a.m. (Zoom)

Commerce concluded phase three of its Clean Energy Transformation Act (CETA) rulemaking on renewable resource eligibility and the social cost of green house gas emissions. The department filed a CR-103 for final rule adoption on May 24, 2021, to align Commerce with the Utilities and Transportation Commission’s CETA definitions for “energy assistance need” and “low income.” A virtual public hearing was held on April 28, 2021 (recording available on YouTube). For more information about CETA, visit the Clean Energy Transformation Act (CETA) webpage.

• WAC 194-40 CR-102 (PDF)
• WAC 194-40 CR-103 (PDF)
• WAC 194-40 Concise Explanatory Statement (PDF)

This rulemaking aligns state rules with federal requirements, to include an opportunity for reconsideration of any decision of the state long-term care ombudsman to grant, refuse, suspend, or remove the designation and certification of an individual long-term care ombudsman or a regional long-term care ombudsman program. A CR-101 was filed on Feb. 19, 2020. A CR-102 was filed on Aug. 18, 2020. The department filed the final rule adoption package on Dec. 29, 2020. The new rule language is effective Jan. 30, 2021.

• WAC 365-18 CR 101 (PDF)
• WAC 365-18 CR 102 Filing Package
• WAC 365-18 CR 102 Comment Period Extension (PDF)
• WAC 365-18 CR 103 Filing Package (PDF)
• WAC 365-18 Final Adopted Language (PDF)

Commerce concluded phase three of its Clean Commercial Building Standard rulemaking (see Chapter 285, Laws of 2019). The department filed a CR-103 for final rule adoption on Oct. 30, 2020.

• WAC 194-50 CR-102 (PDF) – WSR 20-17-129 Proposed Rules
• WAC 194-50 CR-103 (PDF) – WSR 20-22-059 Permanent Rules

Commerce concluded phase two of its Appliance Efficiency Standards rulemaking (see Chapter 286, Laws of 2019). The department filed a CR-103 for final rule adoption on Oct. 2, 2020. The effective date for the standards is Jan. 1, 2021. For more information about the standards, see our Appliance Standards webpage. 

• WAC 194-24 CR-102 (PDF)
• WAC 194-24 CR-103 and Concise Explanatory Statement (PDF) 

Commerce conducted a rulemaking to support The Encouraging Investments in Affordable and Supportive Housing Act. The department filed a CR-103 final rule on April 13, 2020.

For more information about the reporting requirements please contact Emily Grossman at 360-764-0262 or Emily.Grossman@Commerce.wa.gov.

• WAC 365-240 CR-101 (PDF)
• WAC 365-240 CR-102 (PDF)
• WAC 365-240 CR-102 Draft Language – December 17, 2019 (PDF)
• WAC 365-240 CR-103 (PDF)
• WAC 365-240 Final Language (PDF)
• WAC 365-240 Concise Explanatory Statement – April 13, 2020 (PDF)

This rulemaking provides conformance with the provisions of RCW 39.86, which were amended in 2010, to alter release/allocation dates for initial bond cap set-asides from Sept. 1 to July 1. This affects the timing of certain release/reallocation provisions but does not change the overall amount of private activity volume cap. It may assist in maximizing use of volume cap within a specific calendar year.

A CR-105 was filed on May 19, 2021, with proposed revisions to six references in WAC 365-135. No written objections were received and a CR-103 was filed on July 20, 2021, adopting the rule changes. The changes will take effect on Aug. 20, 2021.

This rulemaking is authorized under RCW 34.05.353(1)(b) and (1)(d), which allows for an expedited process to rule changes that bring WAC provisions into conformance with dates identified in statute. Any questions can be directed to Allan Johnson at Allan.Johnson@Commerce.wa.gov.

• WAC 365-135-070 CR-105 (PDF)
• WAC 365-135-070 CR-103 (PDF)
• WAC 365-135 Revisions (PDF)
• WAC 365-135 Public Inquiries (PDF)

The Public Works Board (PWB) concluded rulemaking to update WAC 399-080-010 to align with legislation enacted in the 2022 legislative session (see Chapter 201, Laws of 2022). This rulemaking clarifies the requirements and timeline for both the broadband program’s application and challenge processes, as well as outlines an emergency broadband program.

Two workshops to discuss draft rules were held on Nov. 9, 2022 and Nov. 22, 2022, and the PWB held a public hearing for the draft rule on Feb. 7, 2023. The CR-103 for final rule adoption was filed Feb. 15, 2023 and will become effective March 18, 2023.

For more information, please visit the Public Works Board’s Broadband Financing page.

• WAC 399-80-010 CR-101 (PDF)
• WAC 399-80-010 CR-102 (PDF)
• WAC 399-80-010 CR-103 (PDF)
• WAC 399-80-010 Concise Explanatory Statement (PDF)
• WAC 399-80-010 Proposed Revisions (PDF)
• WAC 399-80-010 Supplemental Documents

Growth Management Services (GMS) concluded a comprehensive update to the administrative rules that implement the Growth Management Act (GMA). GMS initiated rulemaking on Dec. 29, 2020 and worked with state agencies, local governments, tribal governments, and other stakeholders to develop a project scope and consider proposed changes to the Washington Administrative Code (WAC). The update included revisions to the following chapters:

• WAC 365-190: Minimum Guidelines to Classify Agriculture, Forest, Mineral Lands, and Critical Areas
• WAC 365-195: Best Available Science
• WAC 365-196: Procedural Criteria for Adopting Comprehensive Plans and Development Regulations

GMS hosted listening sessions in 2021 to discuss the project scope on June 30, July 19, July 26 and July 28. GMS hosted public meetings in 2021 with local governments and other interested stakeholders to review preliminary changes to the WAC on Dec. 1, Dec. 8, Dec. 9 and Dec. 13. After making changes based on public feedback, GMS held two public hearings in 2022 on July 26 and July 27.

Commerce filed the final amendments to the GMA administrative rules on March 29, 2023.

Relevant documents:

• GMA 2022 WAC Update – Project Scope (PDF)
• GMA 2022 WAC Update – CR 101 (PDF)
• GMA 2022 WAC Update – CR 102 (PDF)
• GMA 2022 WAC Update – CR 103 (PDF)
• GMA 2022 WAC Update – Concise Explanatory Statement and Response to Comments (PDF)
• GMA 2022 WAC Update – Revisions to Chapter 365-190 (PDF)
• GMA 2022 WAC Update – Revisions to Chapter 365-195 (PDF)
• GMA 2022 WAC Update – Revisions to Chapter 365-196 (PDF)

Commerce concluded phase three of its rule making on updating Chapter 365-240 WAC, to align with Chapter 101, Laws of 2023, which amended the allowable uses of the Affordable and Supportive Housing Sales and Use Tax.  The department filed a CR-103 for final rule adoption on Jan. 26, 2024.  A virtual public hearing was held on Jan. 4, 2024 (recording available on Box).

This rule change will go into effect on Feb. 27, 2024.

For more information about the Affordable and Supportive Housing Sales and Use Tax, visit Affordable and Supportive Housing Sales and Use Tax – Washington State Department of Commerce. 

• WAC 365-240 CR-101 (PDF)
• WAC 365-240 CR-102 (PDF)
• WAC 365-240 CR-103 (PDF)
• WAC 365-240 Concise Explanatory Statement (PDF)