Adoptions

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this rule is to adjust toll rates for the SR 167 high occupancy toll (HOT) lanes and I-405 express toll lanes (ETLs) in order to meet performance and financial needs for the facilities. The effects of this change are as follows: • The minimum toll rate on the SR 167 HOT lanes will increase from $0.50 to $1. • The maximum toll rate on the SR 167 HOT lanes will increase from $9 to $15. • The minimum toll rate on the I-40

Effective Date of Rule: Thirty-one days after filing. Purpose: Chapter 365-240 WAC, Affordable and supportive housing — Local sales and use tax. In response to SB [SSB] 5604 (Laws of 2023), the department of commerce is amending WAC 365-240-020 and 365-240-030 to align with changes made to RCW 82.14.540 . Citation of Rules Affected by this Order: Amending WAC 365-240-020 and 365-240-030. Statutory Authority for Adoption: RCW 82.14.540 . Adopted under notice filed as WSR 23-23-174 on November 22,

Effective Date of Rule: Thirty-one days after filing. Purpose: The amendments to WAC 220-440-210 Black bear timber damage depredation permits, fully replace the existing rule's text. A new rule provides a permitting process, issuing permits to persons to lethally remove black bears for the purpose of reducing damage to commercial timber. Peeling and consuming tree parts by black bears often results in permanent damage or death to the tree. This damage results in a financial loss to the tree owne

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule is being updated to comply with SHB [HB] 1742 (2023), which authorizes the department of revenue to waive a late fee assessed on a business for not renewing its business license timely. A business is eligible for the waiver if the business has timely renewed all business licenses and paid the applicable business license fees for 24 months immediately prior to the period covered by the renewal application for which the waive

Effective Date of Rule: Thirty-one days after filing. Purpose: These amendments update WAC 458-20-210 and 458-20-176 to reflect 2023 legislation, HB 1573, including updates to expiration dates for RCW 82.04.4266 and 82.04.4268 . Additionally, out-of-date provisions have been struck and updated. Citation of Rules Affected by this Order: Amending WAC 458-20-210 Sales of tangible personal property for farming — Sales of agricultural products by farmers and 458-20-176 Commercial deep sea fishing — C

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of revenue is updating WAC 458-20-24001 due to changes from recent legislation, SSB 5565 (2023). The changes include updates to RCW 82.60.020 . Citation of Rules Affected by this Order: Amending WAC 458-20-24001 Sales and use tax deferral — Manufacturing and research/development activities in high unemployment counties — Applications filed after June 30, 2010. Statutory Authority for Adoption: RCW 82.32.300 , 82.01.060

Effective Date of Rule: Thirty-one days after filing. Purpose: To update the rule to incorporate changes enacted in 2023 legislation, chapter 374, Laws of 2023 (SHB [SSB] 5565) and 2019 legislation, chapter 63, Laws of 2019 (2SHB 1059). In addition, the department of revenue updated references to our online filing and payment system, rule names, and statute section numbers. Citation of Rules Affected by this Order: Amending WAC 458-20-228 Returns, payments, penalties, extensions, interest, stays

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of revenue amended WAC 458-20-265 to incorporate the changes made to RCW 82.08.025661 and 82.12.025661 made by the Washington legislature in SHB 1318. Citation of Rules Affected by this Order: Amending WAC 458-20-265 Sales and use tax exemption — Airplane maintenance repair stations. Statutory Authority for Adoption: RCW 82.32.300 , 82.01.060 . Adopted under notice filed as WSR 23-23-127 on November 16, 2023. Number of

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of revenue is updating WAC 458-20-134 and 458-20-178 due to changes from recent legislation, SHB 1764 (2023). The legislation amended RCW 82.04.450 to provide a valuation method for asphalt and aggregate used in public road construction. Additionally, the update includes several grammar and punctation changes to enhance clarity and readability. Citation of Rules Affected by this Order: Amending WAC 458-20-134 Commercia

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency revised this rule in accordance with the settlement agreement in the case of National Association of Chain Drug Stores, et al., v. Washington State Health Care Authority, et al. (Case No. 51489-3-II) and for the purpose of ensuring the continuation of federal medicaid funding. The agency also filed an emergency rule-making order under WSR 23-22-074, while the permanent rule-making process was being completed. The emergency

Effective Date of Rule: Thirty-one days after filing. Purpose: Establishing a new retired active license fee in WAC 246-843-990 Nursing home administrator fees and renewal cycle. The department of health (department) is establishing a retired active fee for the nursing home administrator license. The board of nursing home administrators (board) is concurrently adopting a retired active status as allowed by RCW 18.130.250 to allow an individual to practice in emergent or intermittent circumstance

Effective Date of Rule: Thirty-one days after filing. Purpose: Nursing home administrator licensing requirements and retired-active license. The board of nursing home administrators (board) is adopting rule amendments to WAC 246-843-071 Application, 246-843-090 Administrator-in-training program, 246-843-130 Continuing education requirements, 246-843-180 Expired license and 246-843-231 Temporary practice permits; and adopting new WAC 246-843-335 Retired active credential. The board adopted rule a

Effective Date of Rule: Thirty-one days after filing. Purpose: Safe medication return — Multiple program operators. The department of health (department) is adopting amendments to rules regarding safe medication return to update rules about multiple program operators. The amendments to WAC 246-480-050, 246-480-070, and 246-480-080 ensure a consistent statewide safe medication return system and allow the department to accurately analyze data. Amendments to WAC 246-480-990 set a fee for proposal r

Effective Date of Rule: Thirty-one days after filing. Purpose: Substance use disorder professional certification, reducing barriers for pharmacists and applicants with a national certification. The department of health (department) is adopting amendments to WAC 246-811-070, 246-811-076, and 246-811-300 in chapter 246-811 WAC, Substance use disorder professionals and substance use disorder professional trainees, to reduce barriers to certification. Changes include: (1) Removing the requirement to

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of revenue is updating WAC 458-20-15503 to recognize 2023 legislation to repeal former RCW 82.12.02088 , which was superseded by RCW 82.12.0208 (7). This update amends the rule to incorporate reference to current definitions and citations. Citation of Rules Affected by this Order: Amending WAC 458-20-15503 Digital products. Statutory Authority for Adoption: RCW 82.02.060 and 82.12.0208 . Adopted under notice filed as W

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of revenue is updating WAC 458-20-18801 to recognize 2023 legislation to include the new RCW 82.08.814 and 82.12.814 to provide a new retail sales and use tax exemption for mobility enhancing equipment for complex needs patients. Citation of Rules Affected by this Order: Amending WAC 458-20-18801 Medical substances, devices, and supplies for humans — Drugs prescribed for human use — Medically prescribed oxygen — Prosth

Effective Date of Rule: Thirty-one days after filing. Purpose: To update the rules to incorporate SHB 1431's retail sales tax exemption for food, drink, or meals provided by senior living communities. Citation of Rules Affected by this Order: Amending WAC 458-20-119 Sales by caterers and food service contractors and 458-20-124 Restaurants, cocktail bars, taverns and similar businesses. Statutory Authority for Adoption: RCW 82.01.060 , 82.32.300 . Adopted under notice filed as WSR 23-22-013 on Oc

Effective Date of Rule: March 1, 2024. Purpose: Creating new chapters in WAC to address criteria for issuance of motorcycle instructional permits and endorsements, for both 2-wheel and 3-wheel motorcycles. These new chapters will address the length of validity for motorcycle permit and endorsement tests. Citation of Rules Affected by this Order: New WAC 308-109-040 Outlining requirements for 2-wheel motorcycle instruction permit and endorsement, 308-109-050 Outlining requirements for 3-wheel mot

Effective Date of Rule: Thirty-one days after filing. Purpose: In preparation for the 2024 Washington state marine pilot exam, the board of pilotage commissioners is reviewing and updating these two WAC as needed for continued psychometric validation, diversity, equity, and inclusion, and clarity for applicants, as well as other housekeeping items. The proposed changes to WAC 363-116-076 will update the psychometric validation requirement of the written exam process to better reflect current ind

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this rule making is to update the pilotage exemption fee schedule to better align with administrative costs of exemption processing and to conduct minor housekeeping of the language for clarity. Citation of Rules Affected by this Order: Amending WAC 363-116-360 Exempt vessels. Statutory Authority for Adoption: Chapter 88.16 RCW, Pilotage Act. Adopted under notice filed as WSR 23-22-088 on October 30, 2023. Number of Se

Effective Date of Rule: July 1, 2024. Purpose: Chiropractic X-ray technician course requirements, continuing education (CE), and expired status. The chiropractic quality assurance commission (commission) is adopting changes to chapter 246-808 WAC pertaining to chiropractic X-ray technicians. The adopted changes amend WAC 246-808-201; create new WAC 246-808-203, 246-808-205, 246-808-207, 246-808-209 and 246-808-211; and repeal WAC 246-808-215. The adopted rules concerning chiropractic X-ray techn

Effective Date of Rule: March 15, 2024. Purpose: To modify sections in the commercial energy code (chapter 51-11C WAC) to address legal uncertainty stemming from the decision in California Restaurant Association v. City of Berkeley recently issued by the Ninth Circuit Court of Appeals. While the requirements in the 2021 Washington State Energy Code are not exactly analogous to the Berkeley prohibition on gas infrastructure, the council moved forward to address the ruling expanding the scope of t

Effective Date of Rule: March 15, 2024. Purpose: To modify sections in the commercial and residential energy codes to address legal uncertainty stemming from the decision in California Restaurant Association v. City of Berkeley recently issued by the Ninth Circuit Court of Appeals. While the requirements in the 2021 Washington State Energy Code are not exactly analogous to the Berkeley prohibition on gas infrastructure, the council moved forward to address the ruling expanding the scope of the E

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending WAC 458-20-168 and 458-20-244 due to changes from recent legislation, SB [SHB] 1431 (2023). Citation of Rules Affected by this Order: Amending WAC 458-20-168 Hospitals, nursing homes, assisted living facilities, adult family homes, and similar health care facilities and 458-20-244 Food and food ingredients. Statutory Authority for Adoption: RCW 82.01.060 , 82.32.300 . Adopted under notice filed as WSR 23-22

Effective Date of Rule: Thirty-one days after filing. Purpose: The gambling commission (commission) will repeal WAC 230-03-155 Submitting a proposed plan of operations for charitable and nonprofit organizations, because the commission has not received an application for large bingo operations in 20 years, and other rules exist imposing additional reporting requirements on charitable and nonprofit organizations with gross gambling receipts of $3 million or more, making this rule redundant. Citati

Effective Date of Rule: Thirty-one days after filing. Purpose: Temporary practice permit effective dates for licensed practical nurses and registered nurses. The Washington state board of nursing (board) is adopting amendments to WAC 246-840-095, reducing the length of time a temporary practice permit is effective and updating criteria to issue a temporary practice permit in order to align the internal board process with rule language and implement 2SHB 1009 (chapter 165, Laws of 2023). The boar

Effective Date of Rule: Thirty-one days after filing. Purpose: These proposed rules are meant to update election administration processes in accordance with legislative amendments and ensure consistency in operations in all county elections offices. Citation of Rules Affected by this Order: Amending WAC 434-208-060, 434-215-040, 434-215-065, 434-230-025, 434-230-040, 434-261-005, 434-324-090, and 434-381-120. Statutory Authority for Adoption: RCW 29A.04.611 . Adopted under notice filed as WSR 23

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (agency) is amending WAC 182-509-0220 to specify that medicare savings programs do not have a resource limit, which is consistent with section 211(40), chapter 475, Laws of 2023, and WAC 182-517-0100 as amended under WSR 22-21-043. The agency is amending WAC 182-519-0050 to correct a website address for the Washington apple health income and resource standards chart and update the medically needy income leve

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is revising these rules to include coverage for adult cochlear implants for apple health (medicaid) clients, update cochlear implant device coverage criteria, and revise the expedited prior authorization explanation. This permanent rule adoption supersedes the emergency rules filed under WSR 24-02-047 on December 28, 2023. Citation of Rules Affected by this Order: Amending WAC 182-531-0200 and 182-531-0375. Statutory Autho

Effective Date of Rule: Thirty-one days after filing. Purpose: Aligning state rule with recognized natural industry guidance for real estate appraiser qualifications, allowing an alternative pathway to appraiser licensure. Citation of Rules Affected by this Order: Amending WAC 308-125-030 Examination prerequisite general classification, 308-125-040 Examination prerequisite state-certified residential classification, 308-125-045 Examination prerequisite state-licensed classification, and 308-125-

Effective Date of Rule: Thirty-one days after filing. Purpose: Implementation of 2022 legislation (SSB 5722, chapter 177, Laws of 2022) concerning energy management and benchmarking in buildings requires the state to adopt an energy management and benchmarking requirement for a new category of buildings ("Tier 2" buildings include buildings where the sum of multifamily residential, nonresidential, hotel, motel, and dormitory floor areas exceeds 20,000 gross square feet, but does not exceed 50,00

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this rule making is to update the mailing and physical address of the department of children, youth, and families board of appeals in WAC 110-03-0585 Index of significant decisions. Citation of Rules Affected by this Order: Amending WAC 110-03-0585. Statutory Authority for Adoption: RCW 34.05.220 , 43.216.020 , and 43.216.065 . Adopted under notice filed as WSR 23-23-163 on November 21, 2023. Number of Sections Adopted

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule-making order amends chapter 16-240 WAC, WSDA grain inspection program — Definitions, standards and fees, by adding clarifying language to WAC 16-240-069 which identifies commodity cooperative service agreement fees and Agricultural Marketing Act (AMA), rice cooperative service agreement fees as separate line items from the unit fees charged for each service in compliance with a requirement set by the United States Departmen

Effective Date of Rule: Thirty-one days after filing. Purpose: Authorizing licensed vehicle dealers to file reports of sale on behalf of customers who sell, trade in, or otherwise transfer ownership to the dealer. Citation of Rules Affected by this Order: Amending WAC 308-56A-525 Vehicle seller's report of sale. Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority and 46.12.650 Releasing interest — Reports of sale — Transfer of ownership — Requirements — Penalty, exceptions. Ado

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending this rule to incorporate the language in SHB 1355 (2023), which updates the income thresholds used in determining deferment eligibility. Updating this rule will provide accurate deferment requirements for applicants and individuals currently receiving the deferment. Citation of Rules Affected by this Order: Amending WAC 458-18-010 Deferral of special assessments and/or property taxes — Definitions. Statutor

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending these rules to incorporate SHB 1438 (2021), which allows certain common health care-related expenses to be deducted in determining exemption eligibility, and SHB 1355 (2023), which updates the income thresholds used in determining exemption eligibility. This rule is also being updated to remove outdated information regarding federal income tax filing forms. Updating these rules will provide accurate exempti

Effective Date of Rule: Thirty-one days after filing. Purpose: This is to correct an administrative error in the original filing to match the intended changes, as seen in WAC 139-27-050, that was also reduced from 45 hours to 30 hours in relation to the reduced time frame requiring recertification. Citation of Rules Affected by this Order: Amending WAC 139-27-060. Statutory Authority for Adoption: RCW 43.101.080 . Adopted under notice filed as WSR 23-22-044 on October 24, 2023. Number of Section

Effective Date of Rule: January 3, 2024. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The department is adopting these rules with an effective date of January 1st because, per statute, these rules provide rates used for refunds and property valuations during 2024. Purpose: The department is amending: • WAC 458-18-220 to provide the rate of interest for treasury bill auction year 2023, which is used when refunding property taxes paid in

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is adopting this rule making to resolve misalignment identified between authorities in the insurance code. The rules in chapter 284-23 WAC do not align with the laws in chapter 48.83 RCW, as applied to life insurance policy riders with accelerated benefits for long-term care insurance (LTCi). The rules currently prohibit life insurers from offering life insurance policies with riders that have accelerated benefits for LTCi

Effective Date of Rule: June 10, 2024. Purpose: To implement the prescription drug affordability board as required in SSSB [2SSB] 5532, chapter 153, Laws of 2022; chapter 70.405 RCW. Citation of Rules Affected by this Order: New WAC 182-52-0005, 182-52-0010, 182-52-0015, 182-52-0020, 182-52-0025, 182-52-0030, 182-52-0035, 182-52-0040, 182-52-0045, 182-52-0050, 182-52-0055, 182-52-0060, 182-52-0065, 182-52-0070, 182-52-0075, 182-52-0080, 182-52-0085, and 182-52-0090. Statutory Authority for Adopt

Effective Date of Rule: Thirty-one days after filing. Purpose: To improve clarity and readability of WAC 10-16-010 by adding "OAH" definition of "Office" to mean the office of administrative hearings, to identify the agency's physical locations, and to establish that the agency procedures are in Title 10 WAC. Citation of Rules Affected by this Order: Amending WAC 10-16-010. Statutory Authority for Adoption: RCW 34.12.080 . Adopted under notice filed as WSR 23-21-081 on October 16, 2023. Changes

Effective Date of Rule: April 1, 2024. Purpose: The purpose of this rule making is to lower the pension discount rate (PDR) to better align with the rate of return for long-term treasuries for self-insured pensions. PDR is the interest rate used to account for the time value of money when evaluating the present value of future pension payments. This rule lowers PDR for self-insured employers from 5.6 percent to 5.5 percent, effective April 1, 2024. Citation of Rules Affected by this Order: Amend

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of the proposal is to implement recent legislation regarding the high school and beyond plan (SB [E2SSB] 5243, chapter 271, Laws of 2023) and graduation pathway options (HB 1308, chapter 349, Laws of 2023). The rules implement an additional graduation pathway option, a performance-based pathway. The rules also add additional advanced courses to the list of courses that meet the graduation pathway requirement. In addition,

Effective Date of Rule: Thirty-one days after filing. Purpose: Continuing competency for naturopathic physicians. The board of naturopathy (board) has adopted amendments to WAC 246-836-080 Continuing competency program, to clarify continuing education (CE) requirements pertaining to pharmacology CE and to implement health equity CE requirements mandated by ESSB 5229 (chapter 276, Laws of 2021), codified as RCW 43.70.613 . The adopted amendments clarify acceptable forms of documentation to verify

Effective Date of Rule: January 31, 2024. Purpose: Multistate nursing license fee (new) and increase to nursing center surcharge fee. The department of health (department), in consultation with the Washington state board of nursing (board), is adopting amendments to WAC 246-840-990 to establish the multistate nursing license fee and increase the nursing center surcharge fee as directed by SSB 5499 (chapter 123, Laws of 2023). Citation of Rules Affected by this Order: Amending WAC 246-840-990. St

Effective Date of Rule: Thirty-one days after filing. Purpose: Dental provider health equity continuing education (CE) requirements. WAC 246-817-440 Dental continuing education requirements and 246-817-445 Dental anesthesia assistant continuing education requirements. ESSB 5229 (chapter 276, Laws of 2021), codified as RCW 43.70.613 directed the rule-making authority for each health profession licensed under Title 18 RCW that is subject to continuing competency to adopt rules requiring a licensee

Effective Date of Rule: Thirty-one days after filing. Purpose: The developmental disabilities administration (DDA) amended rules and added new rules within chapter 388-101D WAC to establish procedures for addressing a client's unmet support needs, suspending or terminating a client's services, and to codify procedures for the client critical case protocol. Citation of Rules Affected by this Order: New WAC 388-101D-0196, 388-101D-0197, 388-101D-0198 and 388-101D-0201; and amending WAC 388-101D-01