Preproposals

Subject of Possible Rule Making: Chapter 16-160 WAC, Registration of materials for organic food production. The Washington state department of agriculture (WSDA) is considering changes to the registration fee schedules and changes to the registered material logo. Minor updates to definitions, application process, or other sections may also be identified and considered, if necessary, to ensure consistency with current federal rules or to ensure the proper administration of services. The registrat

Subject of Possible Rule Making: Ecology is making two clarifications to the rules governing the cap-and-invest program under chapter 70A.65 RCW (chapter 173-446 WAC). These rule clarifications concern the operation of the allowance price containment reserve (APCR). Ecology will make two rule changes to clarify: 1. That the existing holding limits specified in WAC 173-446-150 (2)(a) that apply to allowances with a "vintage" also apply to the "vintage less" allowances that are acquired through AP

Subject of Possible Rule Making: WAC 308-96A-560 Special license plates — Criteria for creation or continued issuance. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.18.200 Department-approved plate types and 46.01.110 Rule-making authority. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments to WAC 308-96A-560 will clarify standard specialty plate design guidelines to have the jurisdiction at the top of plate. Other Federal and Stat

Subject of Possible Rule Making: Chapter 246-562 WAC, Physician visa waivers. The department of health (department) is considering amending rules regarding J-1 physician visa waivers and establishing an application fee for the J-1 visa waiver applications. The department is considering changing these rules to help meet the greatest needs across Washington state. The department is considering amending the application, requirements for letters of support, and establishing an application fee for J-

Subject of Possible Rule Making: WAC 468-38-435 Federal weight increases on the interstate system. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.44.093 , 46.44.0941 , and 46.44.090 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposal for this rule change is to align Washington with the Fixing America's Surface Transportation Act (FAST Act). The FAST Act allows 2,000 lbs. for electric battery vehicles not to exceed 82,000 lbs. Add

Subject of Possible Rule Making: Chapter 82.87 RCW, Excise tax on capital gains. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.01.060 (2) and 82.32.300 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Effective January 1, 2022, chapter 82.87 RCW imposes an excise tax on sales or exchanges of long-term capital assets. This rule making will seek to provide clarifying information, such as definitions, and additional information on exemptions

Subject of Possible Rule Making: WAC 458-20-23801 Watercraft excise tax — Watercraft depreciation schedule. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.01.060 (2) and 82.32.300 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 82.49.040 requires the department of revenue (department) to prepare a depreciation schedule (at minimum annually) for use in the determination of fair market value for watercrafts, which is the basis for measu

Subject of Possible Rule Making: Factory assembled structures (FAS) rules: WAC 296-150C-3000 Commercial coach fees, 296-150F-3000 Factory-built housing and commercial structure fees, 296-150I-3000 Penalties, fees, and refunds, 296-150M-3000 Manufactured/mobile home fees, 296-150P-3000 Recreational park trailer fees, 296-150R-3000 Recreational vehicle fees, 296-150T-3000 Factory-built temporary worker housing fees, and 296-150V-3000 Conversion vendor units and medical units — Fees. Statutes Autho

Subject of Possible Rule Making: New chapter 446-09 WAC, Firearms background check. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.43.580 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Under the Brady Handgun Violence Prevention Act of 1993 and RCW 43.43.580 (5), any person denied the transfer of a firearm based on the results of a firearms background check has the right to appeal that denial. This request for rule-making authority is to

Subject of Possible Rule Making: Chapter 16-750 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.10.010 , 17.10.070 , 17.10.080 , and 17.10.350 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The state noxious weed control board (NWCB) is charged with updating the state noxious weed list on an annual basis to ensure it accurately reflects the noxious weed control priorities and noxious weed distribution, as well as updating its bylaws

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-436-0050 Determining financial need and benefit amount for CEAP, 388-478-0020 Payment standards for TANF, SFA and RCA, 388-478-0027 What is the payment standard for pregnant women assistance (PWA)?, 388-478-0033 What are the payment standards for aged, blind, or disabled (ABD) cash assistance?, 388-478-0035 What are the maximum earned income limits for TANF, SFA, PWA, and RCA?, and o

Subject of Possible Rule Making: Public records procedures. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.56.100 , 50.13.030 , 50A.25.030 , and 50B.04.170 provide authority for the agency to adopt rules regarding access to agency records. RCW 50.12.010 , 50.12.040 , and 50.13.030 provide the agency's general rule-making authority. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making will review, and if appropriate, update the r

Subject of Possible Rule Making: WAC 182-504-0035 Washington apple health — Renewals; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is amending WAC 182-504-0035 to allow for telephonic eligibility renewals. During this review, the agency may identify additional related changes that are required to impr

Subject of Possible Rule Making: Updates to procedures for filing records with the office, found in chapter 434-120 WAC. Including, but not limited to, WAC 434-120-307. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 11.110 , 19.09, 43.07 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Update rules to reflect changes in filing processes. Process for Developing New Rule: Negotiated rule making. Interested parties can participate in the

Subject of Possible Rule Making: WAC 4-30-010 Definitions, 4-30-020 What are the authority for and the purpose of the Board's rules?, 4-30-028 Rules governing the formal adjudicative proceedings and the brief adjudicative proceedings before the board, 4-30-030 What are the requirements for communicating with the board and staff?, 4-30-032 Do I need to notify the board if I change my address?, 4-30-034 Must I respond to inquiries from the board?, 4-30-036 What enforcement actions must be reported

Subject of Possible Rule Making: Chapter 51-11R WAC, Washington State Energy Code, Commercial Provisions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.27A.020 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The council is considering changes to the energy code to address possible federal preemption issues regarding appliance regulation. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule wit

Subject of Possible Rule Making: Chapter 51-11C WAC, Washington State Energy Code, Commercial Provisions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.27A.025 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The council is considering changes to the energy code to address possible federal preemption issues regarding appliance regulation. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule wit

Subject of Possible Rule Making: The department of children, youth, and families (DCYF) will be making changes to the foster care rate assessment (FCRA) WAC in chapter 110-50 WAC and other related rules. The WAC revisions will allow DCYF to revise the foster care maintenance levels and rates and the standardized process that will be used to determine the level and rate paid to licensed foster parents. The standardized process will determine the child's or youth's level and rate based on their ph

Subject of Possible Rule Making: Chapter 392-170 WAC, Special service program — Highly capable students. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.185.010 and 28A.185.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The office of superintendent of public instruction (OSPI) is considering rule making, based on SB [SSB] 5072 passed by the Washington state legislature in 2023, concerning universal screening to identify students need

Subject of Possible Rule Making: Expanding good cause for voluntarily quitting employment. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040 provide general rule-making authority to the employment security department (department). The department has authority to adopt rules to implement HB [ESHB] 1106 (2023), which amended RCW 50.20.050 and 50.29.021 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making is nee

Subject of Possible Rule Making: WAC 132D-150-050(9), hazing. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.10.901 and 28B.10.902 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 2SHB 1751 Sam's Law is the name of new antihazing legislation recently adopted in Washington state. It's named after Sam Martinez, a freshman at Washington State University who died of alcohol poisoning at a fraternity party in November 2019. The new law updates

Subject of Possible Rule Making: The rule making will adopt new chapter 173-446B WAC, Climate Commitment Act funds reporting. The rule will establish reporting requirements for recipients of cap-and-invest auction revenue so that ecology can complete annual reports to the state legislature, as required by the Climate Commitment Act (RCW 70A.65.300 ). It will define what, when, and how recipients must report their expenditures to ecology. Additionally, the rule will outline the process to determi

Subject of Possible Rule Making: Standard occupational classification reporting for federally-recognized tribes. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040 provide general rule-making authority to the employment security department (ESD). RCW 50.12.070 , as amended by HB 1684 (2023), provides authority for ESD to adopt rules implementing HB 1684. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making will

Subject of Possible Rule Making: WAC 246-830-430 Education and training; the board of massage (board), in coordination with the department of health (department), is considering amendments to the education and training rule to include parameters on online and virtual education and adding health equity awareness training to initial licensure requirements for new massage licensees. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.108.025 and 18.108.085 . Reasons Why Rules on

Subject of Possible Rule Making: The public disclosure commission (commission) will consider making revisions to the lobbying reporting requirements, including direct and indirect (grassroots) lobbying activity. The commission also will consider making inflationary adjustments to the contribution limits and reporting values in the Fair Campaign Practices Act, with particular emphasis on the reporting values for lobbying activity, but other subject areas will be under consideration as well. Statu

Subject of Possible Rule Making: Small public works procurements. Statutes Authorizing the Agency to Adopt Rules on this Subject: SSSB [2SSB] 5268, chapter 395, Laws of 2023. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SSSB [2SSB] 5268 updates small works procurement rules to enhance administrative efficiency, promote the utilization and growth of small business, and maintain protections to the labor work force. The department of enterprise services (DES) rule

Subject of Possible Rule Making: Chapter 180-19 WAC, Charter schools. Rule making is required to implement changes associated with the passage of ESHB 1744 during the 2023 legislative session (chapter 356, Laws of 2023). In addition, the board will review and streamline timelines set in rule, correct references, and make other changes as needed to improve readability and ensure effective implementation of the law. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.710.090 ,

Subject of Possible Rule Making: Amending WAC 332-130-080(3) to revise the requirement for reporting relative accuracy on the land survey map being recorded. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 58.24.030 and 58.24.040 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The wording in the current version of WAC 332-130-080(3) is permissive about having a statement about relative accuracy on the survey map. This revision will make a rel

Subject of Possible Rule Making: WAC 314-02-1071 What is "trade area"? The Washington state liquor and cannabis board (WSLCB) is considering amending, adding new sections, or repealing existing rule related to trade area exceptions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 66.08.030 , 66.24.630 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In November 2011, Initiative Measure No. 1183 created a statutory framework privatizing liquor

Subject of Possible Rule Making: Title 314 WAC; the Washington state liquor and cannabis board (WSLCB) is considering repealing, amending, and creating rule sections as necessary to implement alcohol- and cannabis-related legislation enacted during the 2023 legislative session, including HB 1730 (chapter 158, Laws of 2023), ESHB 1731 (chapter 257, Laws of 2023), and HB 1772 (chapter 217, Laws of 2023). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 66.08.030 (liquor), 66.20.

Subject of Possible Rule Making: Creation of a new WAC to address criteria for issuance of motorcycle instructional permits and endorsements, for both two-wheel and three-wheel motorcycles. This new WAC will address the length of validity for motorcycle permit and endorsement tests. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.20.510 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently, issuance criteria are only written in the dep

Subject of Possible Rule Making: Update chapter 308-101 WAC to clarify business practices, procedures, and guidelines as it pertains to CDLs and hearing requests under RCW 46.20.308 , requests for interpreters, defining good cause, and defining the requirements to request a hearing as a habitual traffic offender. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.030 (2)(b) and 46.01.110 rule-making authority. RCW 46.01.040 (10) Powers, duties, and functions relating to mo

Subject of Possible Rule Making: Create a new chapter in Title 308 WAC to define business rules, guidelines, and the process for conducting administrative reviews. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.20.245 , 46.20.289 , 46.20.291 , 46.20.2892 ; WAC 308-104-025 and 308-104-160. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Administrative reviews and interviews occur when individuals contest actions made by the department that i

Subject of Possible Rule Making: Initial licensure via an out-of-state traditional nursing education program approved by another United States Nursing Board, applicants applying via interstate endorsement, and other related licensure requirements. The nursing care quality assurance commission (commission) is considering amending WAC 246-840-030, 246-840-090, and other rule sections related to licensure requirements for registered nurses (RN) and licensed practical nurses (LPN). Statutes Authoriz

Subject of Possible Rule Making: Implementing public safety employees' retirement plan membership for public safety telecommunicators (HB 1055). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 ; and chapter 199, Laws of 2023. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To implement a bill regarding public safety employees' retirement plan membership for public safety telecommunicators (HB 1055), which passed during the 2023 legisl

Subject of Possible Rule Making: Implementing retiree return to work bills from the 2023 legislative session. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 ; and chapters 99 and 410, Laws of 2023. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To implement the retiree return to work bills that passed during the 2023 legislative session: Repealing some postretirement employment restrictions (SHB 1056) and postretirement employment i

Subject of Possible Rule Making: Judicial retirement benefit multiplier rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Clarifying the requirements of the judicial benefit multiplier program including, but not limited to, membership, contribution rates, and benefits calculation. Process for Developing New Rule: Agency study. Interested parties can participate in the decision to

Subject of Possible Rule Making: Interruptive military service credit for members of the state retirement systems. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 ; and chapter 18, Laws of 2023. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To implement the interruptive military service credit bill (SHB 1007), which passed during the 2023 legislative session. Process for Developing New Rule: Agency study. Interested parties can part

Subject of Possible Rule Making: Chapter 137-56 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 72.01.090 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Establish current and relevant rule violations with progressive discipline for partial confinement settings under the jurisdiction of the department. This process includes adding graduated reentry – electronic home monitoring, work/training release facilities, and the community parentin

Subject of Possible Rule Making: WAC 446-65-010 Transportation requirements. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.32.020 and 46.48.170 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 446-65-010(1) needs to be amended to bring all the Code of Federal Regulations adopted by reference current to October 1, 2023. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies

Subject of Possible Rule Making: Reporting and classification amendments; chapter 296-17 WAC, General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance; and chapter 296-17A WAC, Classifications for Washington workers' compensation insurance. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.16.035 and 51.04.020 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 2024 Reporting and cl

Subject of Possible Rule Making: Elevator fee corrections; WAC 296-96-00922, 296-96-01005, 296-96-01010, 296-96-01025, 296-96-01027, 296-96-01030, 296-96-01035, 296-96-01040, 296-96-01045, 296-96-01055, 296-96-01057, 296-96-01060, and 296-96-01065. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.87 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to consider corrections to the elevator fees under ch

Subject of Possible Rule Making: The gambling commission is considering a petition to expand the definition of "qualified sports team" as defined in WAC 230-03-138. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 9.46.070 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission received a petition to expand the definition of "qualified sports team" in WAC 230-03-138 to include the four teams of the affiliated professional minor league b

Subject of Possible Rule Making: WAC 230-10-460, regarding shared bingo facilities, needs to be amended to bring it into line with amendments made to RCW 9.46.0205 in the most recent legislative session. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 9.46.070 and 9.46.0205 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: With the passage of HB 1707, an act relating to bingo conducted by bona fide charitable and nonprofit organizations, WAC 23

Subject of Possible Rule Making: The Washington department of fish and wildlife (WDFW) is considering rule making for Lake Roosevelt white sturgeon fishery. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.055 , 77.12.047 , and 77.60.070 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Weak year-classes of wild-caught-larval (WCL) white sturgeon produced between 2011-2016 (year-classes of concern), which were reared and releas

Subject of Possible Rule Making: Revising the WAC for the emerging commercial fishery in the lower Columbia River. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.65.400 , 77.70.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The agency designated an emerging commercial fishery in the lower Columbia River in November of 2022 to test the commercial viability of seines and pound nets, which are currently prohibited gear types in the Wash

Subject of Possible Rule Making: Chapter 51-54A WAC, Amendments to the 2021 International Fire Code to modify Chapter 12 Energy Storage Systems and Chapter 80 Referenced Standards. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.27.031 , 19.27.074 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The technology of energy storage systems is a rapidly evolving field, and provisions addressing technologies not included in the 2021 model code ar