General Notices

INTERPRETIVE STATEMENT ISSUED The department of revenue has issued the following excise tax advisory (ETA): ETA 3076.2023 Deductibility of Interest Received on Investments or Loans Primarily Secured by First Mortgages or Trust Deeds on Nontransient Residential Properties. This ETA provides guidance on the B&O tax deductions available under RCW 82.04.4292 . It is being updated to reflect the loan servicing fee deduction available under RCW 82.04.4292 (4), explain the limitation placed on the dedu

NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION WASHINGTON ATTORNEY GENERAL The Washington attorney general routinely publishes notice of an opportunity to comment for opinion requests that we receive from the heads of state agencies, state legislators, and county prosecuting attorneys if we anticipate publishing a formal opinion in response to the request. We do so in order to provide members of the public with a chance to provide any legal analysis that they would like us to consider as we de

Notice of Interpretive or Policy Statement In accordance with RCW 34.05.230 (12), following is a list of policy and interpretive statements issued by the department of social and health services. Economic Services Administration Division of Child Support (DCS) Document Title: DCS Administrative Policy (AP) 1.13 - How DCS Develops Policies. Subject: AP 1.13. Effective Date: June 8, 2023. Document description: This DCS administrative policy explains procedures for how DCS develops policies. To rec

Significant Agency Action Determination On July 1, 2023, the Washington state department of agriculture (department) will begin conducting environmental justice (EJ) assessments when considering significant agency actions in accordance with RCW 70A.02.060 in order to (1) inform and support the department's consideration of overburdened communities and vulnerable populations when making decisions, and (2) assist the department with the equitable distribution of environmental benefits, the reducti

PUBLIC COMMENT PERIOD ON TYPES OF SIGNIFICANT AGENCY ACTIONS FOR ENVIRONMENTAL JUSTICE ASSESSMENTS COMMENTS ACCEPTED UNTIL 11:59 P.M., DECEMBER 31, 2023 Washington state's first statewide environmental justice law, the Healthy Environmental for All (HEAL) Act instructs the department of agriculture (WSDA) to conduct environmental justice assessments when considering significant agency actions. Starting July 1, 2023, WSDA is required to complete an environmental justice assessment for the followi

PUBLIC NOTICE The department of ecology has determined the types of significant agency actions that will require an environmental justice assessment pursuant to RCW 70A.02.060 . Those actions include: (a) The development and adoption of significant legislative rules as defined in RCW 34.05.328 ; (b) The development and adoption of any new grant or loan program that a covered agency is explicitly authorized or required by statute to carry out; (c) A capital project, grant, or loan award by a cove

PUBLIC NOTICE Reissuance of the Wastewater Operator Certification Program Fee Schedule The Washington state department of ecology (ecology) certifies wastewater treatment plant operators to ensure they are knowledgeable to properly operate and maintain wastewater treatment plants. By law, ecology must fund the wastewater operator certification (OpCert) program with application and renewal fees for individual wastewater treatment plant operators. These fees are subject to change, dependent upon a

DETERMINATION OF TYPES OF SIGNIFICANT AGENCY ACTIONS Pursuant to RCW 70A.02.060 , Washington state department of natural resources (DNR) and covered agencies will conduct environmental justice assessments for significant agency actions identified in RCW 70A.02.010 (12)(a) through (d): • Agency rule making (also known as significant legislative rule, as defined in RCW 34.05.328 ). • Adopting or developing new grant or loan programs initiated after July 1, 2023. • Designing or awarding capital pro

NOTICE OF PUBLIC HEARING SCHOOL DISTRICT ACCOUNTING MANUAL (WAC 392-123-010) EDUCATIONAL SERVICE DISTRICT ACCOUNTING MANUAL (WAC 392-125-010) Public Hearing: A public hearing will be held concerning revisions to the Accounting Manual for School Districts and the Educational Service District Accounting Manual; in accordance with WAC 392-123-010 and 392-125-010, respectively. The hearing will be held on Tuesday, July 25, 2023, at 1:00 p.m., via Zoom. For information on participating via Zoom [cont

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0039 Ambulance Transportation Rates. Effective Date: July 1, 2023. Description: The health care authority (HCA) intends to submit SPA 23-0039 to update the fee schedule as directed by legislature in the 2023 session 5187 (budget), sections 211(48) and 211(59). SPA 23-0039 is expected to increase the annual aggregate payment for the below listed service codes: Description Code Current Rate Increase New Rate Fixed Wing Base A0430 $910

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0040 Add Voice Signatures to the Community First Choice Program. Effective Date: April 1, 2023. Description: The health care authority (HCA) and the department of social and health services (DSHS) intend to submit SPA 23-0040 to add the ability to use "voice signatures" when completing assessments for the community first choice program. SPA 23-0040 is expected to have no effect on the annual aggregate expenditures/reimbursement/paym

Washington lawmakers passed the Healthy Environment for All Act (also known as the HEAL Act, chapter 70A.02 RCW). This law initiates a historical step in centering environmental justice to reduce health disparities in Washington state and improve the safety of all its residents. The Washington state department of transportation (WSDOT) is requesting public input regarding the types of agency actions that require an environmental justice assessment under RCW 70A.02.060 . In addition to the four t

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-2014 Oral Health Connections Pilot Extension. Effective Date: April 1, 2023. Description: The health care authority (HCA) previously filed notice under WSR 23-06-013 of the intent to submit SPA 23-0014 to make the following changes to the oral health connections pilot project. This SPA is renumbered as 23-2014 to be effective April 1, 2023. The changes are: • This SPA will extend the three-year pilot that began January 1, 2019, thro

Pursuant to RCW 34.05.312 , the rules coordinator for the Employment Security Department is Janette Benham, 212 Maple Park Avenue S.E., Olympia, WA 98501, phone 360-790-6583, fax 844-652-7096, email rules@esd.wa.gov . Dan Zeitlin, Director Employment System Policy and Integrity

INTERPRETIVE STATEMENT ISSUED The department of revenue (department) has issued the following excise tax advisory (ETA): ETA 3128.2023 Repair Work on Goods Damaged in Transit – Purchased by the Shipper, the Carrier, or the Owner. This ETA explains when retail sales tax applies to charges for the repair of goods damaged while in transit to a Washington customer. This ETA further clarifies the retail sales tax and business and occupation tax consequences in cases where the purchaser of the repair

This memo serves as notice that the board of optometry (board) is rescinding policy statement OB 20-01.1 Continuing Education Requirements During the COVID-19 Response. The statement was originally filed on May 20, 2020, as WSR 20-11-068 and amended February 23, 2023, as WSR 23-06-036. During the declared COVID-19 emergency, the policy statement allowed licensees unrestricted use of remote study or self-directed study methods to accrue up to the required total 50 hours of continuing education ev

Notice of Interpretive Statement In compliance with RCW 34.05.230 , the public disclosure commission (commission) is filing this notice that PDC Interpretation 23-01 was adopted by the commission on May 25, 2023. The interpretation involves RCW 42.17A.490 and the use of a candidate's surplus contributions for the same person's campaign for a different office. The interpretation is available on the PDC website at https://www.pdc.wa.gov/rules-enforcement/guidelines-restrictions/transfer-surplus-co

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0035 Enhanced Rate for Government-Owned Providers of Mental Health Services. Effective Date: January 1, 2024. Description: The health care authority (HCA) intends to submit medicaid SPA 23-0035 in order to provide cost-based reimbursement for evaluation and treatment services provided by government-owned facilities that provide mental health services. This is a new service. Therefore, SPA 23-0035 is expected to add $8,792,500 to ann

Notice of Substantial Development Dollar Threshold Adjustment In accordance with RCW 90.58.030 (3)(e)(vii), the office of financial management (OFM) shall adjust the "substantial development" dollar threshold defined in the Shoreline Management Act every five years beginning July 1, 2018. The new dollar threshold shall be transmitted to the office of the code reviser for publication in the Washington State Register at least one month before the new threshold takes effect. RCW 90.58.030 (3)(e)(vi

PUBLIC NOTICE Announcing the Issuance of the Aquatic and Invasive Species Control General Permit The Washington state department of ecology (ecology) is issuing the aquatic and invasive species control national pollutant discharge elimination system (NPDES) and state waste discharge general permit (permit) on June 28, 2023. The permit becomes effective on July 28, 2023, and expires on July 27, 2028. Purpose of the Permit: The permit addresses various legal requirements and responsibilities, and

Significant Agency Action Statement The Healthy Environment for All (HEAL) Act, codified at chapter 70A.02 RCW, requires implementing agencies to designate certain agency activities as significant agency actions to receive environmental justice assessments. RCW 70A.02.010 (12) defines significant agency actions as: a. The development and adoption of significant legislative rules as defined in RCW 34.05.328 ; b. The development and adoption of any new grant or loan program that a covered agency i

NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION WASHINGTON ATTORNEY GENERAL The Washington attorney general routinely publishes notice of an opportunity to comment for opinion requests that we receive from the heads of state agencies, state legislators, and county prosecuting attorneys if we anticipate publishing a formal opinion in response to the request. We do so in order to provide members of the public with a chance to provide any legal analysis that they would like us to consider as we de

Pursuant to RCW 34.05.312 , the rules coordinator for the Washington State Charter School Commission is Charmaine McCladdie, 1068 Washington Street S.E., Olympia, WA 98501, phone 360-725-5511, email Charmaine.mccladdie@k12.wa.us . Charmaine McCladdie Executive Assistant

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0020 Guarding Against Unnecessary Utilization of Care and Services. Effective Date: July 1, 2023. Description: The health care authority (HCA) intends to submit SPA 23-0020 to address information that was identified by state auditors during HCA's state fiscal year (SFY) 2021 single audit as missing from the medicaid state plan. During the SFY 22 single audit, the agency sought clarification from the Centers for Medicare and Medicaid

Pursuant to RCW 42.56.580 , the public records officer for the Washington Apple Commission is Eric Clark, 2900 Euclid Avenue, Wenatchee, WA 98801, phone 509-663-9600, fax 509-662-5824, email eric.clark@waapple.org . Megan Finkenbinder Commodity Commissions Administrator

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0034 Transportation Quality Assurance Fee Expiration Date Update. Effective Date: July 1, 2023. Description: The health care authority (HCA) intends to submit SPA 23-0034 in order to update the ambulance transportation quality assurance fee expiration date from June 30, 2024, to June 30, 2028. SPA 23-0034 is expected to have no effect [on] the annual aggregate expenditures/reimbursement/payment for this program. SPA 23-0034 is in th

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0029 Administrative Day Rate Update. Effective Date: January 1, 2024. Description: The health care authority (HCA) intends to submit SPA 23-0029 in order to update the services payable in addition to the Administrative Day rate. Hospital providers will be able to be paid for certain covered services in addition to the administrative day rate. Services may include hemodialysis, laboratory, and X-rays. The final decisions on which ser

NOTICE Subject: COPES (WA.0049) and Residential Support (WA.1086) Waiver Renewals. Effective Date: January 1, 2024. Description: The aging and long-term support administration (ALTSA) intends to submit applications for renewal of the community options program entry system (COPES) waiver, WA.0049, and residential support waiver (RSW), WA.1086. The renewal application, once approved, will allow the state to continue to provide COPES waiver and RSW services to eligible persons. COPES: The COPES wai

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0030 Effective Date for Inpatient Sole Community Hospital Rates. Effective Date: January 1, 2024. Description: The health care authority (HCA) intends to submit SPA 23-0030 in order to update the effective date of inpatient sole community hospital rates. SPA 23-0030 is expected to have no effect on the annual aggregate expenditures/reimbursement/payment for inpatient services at sole community hospitals as defined in RCW 74.09.5225

NOTICE OF APPEAL RCW 34.05.330 (3) Pursuant to RCW 34.05.330 (3), you are hereby notified for publication in the Washington State Register that: On May 11, 2023, the Governor's Office received an appeal from William Stehl, relating to the Office of Superintendent of Public Instruction's denial of a petition to amend or repeal WAC 392-144-103 (Disqualifying Conditions for Authorized School Bus Drivers) . The Governor's Office denied this appeal on May 24, 2023. date : May 24, 2023 Taylor K. Wonho

NOTICE OF APPEAL RCW 34.05.330 (3) Pursuant to RCW 34.05.330 (3), you are hereby notified for publication in the Washington State Register that: On April 26, 2023, the Governor's Office received an appeal from Jerry Dierker and Esther Kronenberg, relating to the Department of Ecology's denial of a petition to amend or repeal WAC 197-11-350 (Mitigated DNS (Determination of Nonsignificance)) . The Governor's Office denied the appeal on May 24, 2023. date : May 24, 2023 Taylor K. Wonhoff Deputy Gen

NOTICE OF ADOPTION OF AN INTERPRETIVE STATEMENT Title of Interpretive Statement: Application Requirements for Moderate Sedation with Parenteral Agents Permits. Interpretive Statement Dental-03. Issuing Entity: Dental quality assurance commission. Subject Matter: This statement clarifies the requirements stated in WAC 246-817-760 for obtaining a moderate sedation with parenteral agents permit (permit). Clarification is needed to assist dentists and training programs in meeting the requirements fo

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0028 Update Terminology from Chemically-Dependent Pregnant Women to Substance Using Pregnant People. Effective Date: July 1, 2023. Description: The health care authority (HCA) intends to submit medicaid SPA 23-0028 in order to update the language "Chemically-Dependent Pregnant Women" to "Substance Using Pregnant People" for consistency with current program terms. SPA 23-0028 is an administrative action and is expected to have no imp

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0031 Inpatient Hospital Supplemental Payments (Safety Net Program). Effective Date: January 1, 2024. Description: The health care authority (HCA) intends to submit medicaid SPA 23-0031 in order to update inpatient hospital supplemental payment amounts for the new safety net program. Prospective payment system hospitals total supplemental payment pool will be reduced to $43,600,000. SPA 23-0031 will also change "state fiscal year" to

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0032 Civil Commitment Enhancement. Effective Date: July 1, 2023. Description: The health care authority (HCA) intends to submit medicaid SPA 23-0032 in order to provide for a rate enhancement to providers that serve apple health clients who are committed to a psychiatric hospital pursuant to the dismissal of criminal charges. The rate will not apply to hospitals that receive a long-term civil commitment rate that is 100 percent of t

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0036 Consumer-Directed Employer Rates. Effective Date: June 1, 2023. Description: The health care authority (HCA) and the aging and long-term support administration (ALTSA) of the department of social and health services (DSHS) intend to submit medicaid SPA 23-0036 in order to increase daily rates for consumer-directed employer (CDE) rates. SPA 23-0036 is expected to: • Increase the hourly rate for CDE from the current rate of $30.3

Notice of Public Input Period The Washington state department of ecology (ecology) wants your input on the draft 6PPD alternatives assessment hazard criteria. Ecology has developed draft 6PPD alternatives assessment hazard criteria. These criteria will set a transparent standard for identifying safer alternatives to 6PPD for use in motor vehicle tires. We will use these hazard criteria when conducting a 6PPD alternatives assessment. Ecology invites you to review the draft 6PPD alternatives asses

Prevailing Rate of Wage Publication - Rate Corrections Pursuant to RCW 39.12.015 , 39.12.020 , and WAC 296-127-011, on April 12, 2023, the industrial statistician determined and published on the internet corrections to prevailing wage rates. These corrections will impact two trades, shipbuilding and flaggers. The corrections will take effect 30 days after publication on June 11, 2023. • Shipbuilding: Several new construction shipbuilding rates are impacted in Puget Sound counties, including Clal

INTERPRETIVE STATEMENT ISSUED The department of revenue (department) has issued the following excise tax advisory (ETA): ETA 3238.2023 Interest Received on Direct Obligations of the Federal Government . This ETA provides information about the B&O tax deduction under RCW 82.04.4286 for interest received on direct obligations of the federal government. The ETA includes examples of what the department has concluded are direct obligations of the federal government. A copy of this document is availab

INTERPRETIVE STATEMENT ISSUED The department of revenue has issued the following excise tax advisory (ETA): ETA 3237.2023 Prosthetic Devices Sold by Chiropractors. This ETA addresses the application of retail sales tax, and the sales tax exemption in RCW 82.08.0283 (1)(a), on prosthetic devices sold by licensed chiropractors. A copy of this document is available via the internet at Excise Tax Advisories. Atif Aziz Tax Policy Manager Rules Coordinator

INTERPRETIVE STATEMENT ISSUED The department of revenue has issued the following excise tax advisory (ETA): ETA 3213.2023 Data Center Exemption Durations. This ETA explains the various durations and expirations of the data center exemption available under RCW 82.08.986 and 82.12.986 . It is being updated to reflect changes arising from 2022 legislation. The changes include information on durations and expirations of a new exemption in RCW 82.08.9861 and 82.12.9861 for data centers located in urb

CANCELLATION OF INTERPRETIVE STATEMENT The department of revenue has cancelled the following excise tax advisory (ETA): ETA 3072.2009 ( Rentals of Tangible Personal Property Used Both Within and Without Washington ). This ETA addresses the sourcing of rentals of property used in more than one jurisdiction prior to June 30, 2008. This ETA is being cancelled because it is outdated and the subject matter it addresses is now covered by RCW 82.32.730 and WAC 458-20-145. A copy of this document is ava

Notice of Interpretive or Policy Statement In accordance with RCW 34.05.230 (12), following is a list of policy and interpretive statements issued by the department of social and health services. Economic Services Administration Division of Child Support (DCS) Document Title: DCS administrative policy 8.01: Travel Receipt Retention. Subject: Travel receipt retention. Effective Date: May 17, 2023. Document description: This DCS administrative policy standardizes the process for retaining and arch

Notice of Interpretive or Policy Statement In accordance with RCW 34.05.230 (12), following is a list of policy and interpretive statements issued by the department of social and health services (DSHS). Economic Services Administration Division of Child Support (DCS) Document title: DCS AP 1.27. Subject: Instant messaging. Effective Date: May 17, 2023. Document description: This DCS administrative policy explains the procedures and requirements for all DCS staff using instant messaging software

NOTICE Title or Subject: Medicaid State Plan Amendment (SPA) 23-0033 Outpatient Sole Community Hospital Rate Update. Effective Date: January 1, 2024. Description: The health care authority (HCA) intends to submit SPA 23-0033 in order to update the rates for outpatient sole community hospital rates. SPA 23-0033 is expected to have no effect on the annual aggregate expenditures/reimbursement/payment for outpatient hospital services. A copy of SPA 23-0033 is available for review. HCA would apprecia

Pursuant to RCW 34.05.312 , the rules coordinator for the Indeterminate Sentence Review Board is Corey McNally, Executive Director, P.O. Box 40907, Olympia, WA 98504-1114, 360-407-5773, email cmmcnally@doc1.wa.gov . Corey McNally Executive Director

This memo serves as notice that the department of health (department) is rescinding the following policy and interpretive statements: Policy Statement CHS-09-13-22, "Face-to-face" and "In person" Services or Assessments Provided by Behavioral Health Agencies. Filed as WSR 22-21-065 on October 12, 2022. Policy Statement CHS-07-20-22, DC:0-5 Assessment Tool for Behavioral Health Agencies Licensed Under chapter 246-341 WAC. Filed as WSR 22-17-164 on August 24, 2022. Interpretive Statement CHS-04-23