Recent Regulations of Interest to City, Town, and County Officials From the Washington State Register
Recent Regulations of Interest to City, Town, and County Officials from the Washington State Register
The following items from recent issues of the state register may be of interest to you. (This is not a complete list of all new regulations that affect cities, towns, and counties in Washington State, but a selection of highlights.) You may also search the complete text of recent issues of the Washington State Register (1997 - present) or use the index to the Register.
- WSR 13-07-031 (WAC 314-02-1071): the Liquor Control Board proposes a rule to clarify the definition of "trade area" for those applicants wanting to open a spirits retail licensed location under 10,000 square feet. RCW 66.24.630, created with the passing of Initiative 1183, requires clarification on the definition of "trade area" to determine if a location for a spirits retail license in a location less than 10,000 square feet of retail space meets the requirements for the license.
- WSR 13-08-004 (Ch. 468-601 WAC): the Department of Transportation proposes rules to govern leases between the department and private entities for retail services at park and ride lots.
- WSR 13-08-029 (Ch. 458-16A WAC): the Department of Revenue proposes to amend rules to incorporate recent legislation, including legislation dealing with property tax exemptions for senior citizens, disabled persons, and one hundred percent disabled veterans.
- WSR 13-09-066 (Ch. 458-20 WAC): the Department of Revenue proposes a general update and reorganization of the information provided in the rules addressing the public utility tax.
Regulations Proposed for Expedited Adoption
- WAC 12-23-009 (Ch. 173-351 WAC): the Department of Ecology adopts rules to amend the criteria for municipal solid waste landfills, and to establish minimum statewide standards for such landfills.
- WSR 12-24-070 (Ch. 246-291 WAC): the Department of Health adopts amendments to Group B public water systems regulations that strengthen requirements for new and expanding water system design and construction, strengthen new source water approval requirements, set more stringent water quality and quantity standards, improve public notification requirements, eliminate ongoing monitoring requirements, and allow local governments to set more stringent standards and waive certain requirements under specific conditions.
- WSR 13-01-007 (Chs. 222-08, 222-12, 222-16, 222-20 WAC): the Forest Practices Board adopts amendments to the the forest practices rules to eliminate inconsistencies with chapter 76.09 RCW that occurred as a result of legislative changes in 2007, 2011, and 2012, and to make minor corrections and clarifications.
- WSR 13-02-034 (WAC 458-40-540): the Department of Revenue adjusts the forest land values, which must be adjusted annually by a statutory formula contained in RCW 84.33.140(3). This rule has been amended to provide county assessors with forest land values for the 2013 assessment year.
- WSR 13-02-053 (Chs. 458-18, 458-30 WAC): the Department of Revenue adopts rule amendments to: provide the rate of interest for treasury bill auction year 2012, which is to be used when refunding property taxes paid in 2013, as required by RCW 84.69.100; provide the interest rate and property tax component to be used when valuing classified farm and agricultural land during the 2013 assessment year, as required by RCW 84.34.065; and provide the rate of inflation used in calculating interest for deferred special benefit assessments of land removed or withdrawn during 2013, as required by RCW 84.34.310.
- WSR 13-02-060 (Ch. 139-07 WAC): the Washington State Criminal Justice Training Commission (WSCJTC) adopts rules to implement SHB 1567 (2011), which authorizes the WSCJTC to establish standards for conditions of employment by requiring county, city, or state law enforcement agencies, that make a conditional offer of employment to an applicant as a fully commissioned peace officer or a reserve officer, to administer a background investigation including a check of criminal history, a psychological examination, and a polygraph test or similar assessment to each applicant in compliance with the standards established by the WSCJTC.
- WSR 13-02-065 (Ch. 197-11 WAC): the Department of Ecology adopts amendments to the SEPA rules to increase the flexible thresholds that local governments may adopt to exempt minor new construction projects from SEPA review. The amendments establish separate flexible exemption thresholds for local governments in counties fully planning under RCW 36.70A.040 and local governments in other counties; revise the process that local governments follow in adopting flexible SEPA exemption thresholds; and revise and clarify language related to the "residential," "parking lot" and "landfill and excavation" categories of minor new construction.
- WSR 13-03-043 (Ch. 210-10 WAC): the Office of the State Treasurer amends and updates existing rules dealing with the operation of the local government investment pool to: (1) introduce the concept and use of a prospectus, (2) introduce the ability of the state treasurer to offer different subpools with different investment strategies, (3) modernize and update the provisions of the WACs to account for legislative changes, and (4) provide for more clarity and more precision with respect to the terminology used in the WACs.
- WSR 13-03-070 (Ch. 434-661 WAC): the Secretary of State adopts rules to implement the Uniform Real Property Electronic Records Act (chapter 65.24 RCW). The rules prescribe standards for electronic recording of real property documents in those counties in which the county recording officer elects to accept electronic real property documents for recordation.
- WSR 13-03-098 (WAC 480-93-200): the Utilities and Transportation Commission adopts amendments to WAC 480-93-200 to provide supplemental reporting and evidentiary records and documentation needed by the commission to assist the commission in implementing recent amendments to the underground utilities law, chapter 19.122 RCW. This new law, enacted as chapter 263, Laws of 2011, authorizes the commission to enforce the underground utilities law as it relates to pipelines. Changes to this law took effect on January 1, 2013. The new rule adds new reporting and records retention requirements for gas pipeline companies in the event of damage to a gas pipeline and also requires additional reporting of excavations within thirty-five feet of a transmission pipeline if there has been no facilities locate and when a person intentionally damages or removes marks indicating the location of pipelines.
- WSR 13-03-099 (WAC 480-75-630): the Utilities and Transportation Commission adopts amendments to the rule regarding incident reporting, to provide supplemental reporting and evidentiary records and documentation needed by the commission to assist the commission in implementing recent amendments to the underground utilities law, chapter 19.122 RCW. This new law, enacted as chapter 263, Laws of 2011, authorizes the commission to enforce the underground utilities law as it relates to pipelines. Changes to this law took effect on January 1, 2013. The new rule adds new reporting and records retention requirements for hazardous liquid pipeline companies in the event of damage to a hazardous liquid pipeline and also requires additional reporting of excavations within 35 feet of a transmission pipeline if there has been no facilities locate completed and when a person intentionally damages or removes marks indicating the location of pipelines.
- WSR 13-04-053 (Ch. 51-52 WAC): the Building Code Council adopts, with amendments, the 2012 International Mechanical Code.
- WSR 13-04-054 (Chs. 51-56, 51-57 WAC): the Building Code Council adopts, with amendments, the 2012 Uniform Plumbing Code, chapter 51-56 WAC, and repeals chapter 51-57 WAC, 2009 Uniform Plumbing Code Standards (now included in the amendment of chapter 51-56 WAC).
- WSR 13-04-055 (Ch. 51-11 WAC): the Building Code Council adopts, with amendments, the 2012 International Energy Conservation Code (Residential).
- WSR 13-04-056 (Ch. 51-11C WAC): the Building Code Council adopts, with amendments, the 2012 International Energy Conservation Code (Commercial).
- WSR 13-04-063 (Chs. 51-54, 51-54A WAC): the Building Code Council adopts, with amendments, the 2012 International Fire Code, and repeals chapter 51-54 WAC, 2009 IFC, and all related amendments.
- WSR 13-04-067 (Ch. 51-50 WAC): the Building Code Council adopts, with amendments, the 2012 International Building Code.
- WSR 13-04-068 (Ch. 51-51 WAC): the Building Code Council adopts, with amendments, the 2012 International Residential Code.
- WSR 13-05-070 (Ch. 296-305 WAC): the Department of Labor and Industries adopts, effective January1, 2014, amendments to firefighter standards to bring them up-to-date with current consensus standards and practices and to make them as effective as the federal rules.
- WSR 13-08-016 (Ch. 173-350 WAC): the Department of Ecology adopts new solid waste handling standards pertaining to composting and digestion of organic wastes.
- WSR 13-08-030 (Ch. 458-18A WAC): the Department of Revenue adopts amendments to the rules regarding deferral of special assessments and/or property taxes on residential housing created by chapter 84.37 RCW.
- WSR 13-08-031 (Ch. 458-18 WAC): the Department of Revenue adopts amendments to the rules regarding deferral of special assessments and/or property taxes.
- WSR 12-17-055: the Washington Supreme Court issues an order stating "That the previously ordered effective date for the Standards for Indigent Defense and Certification of Compliance of September 1, 2012, is suspended until October 1, 2012, except Standard 3.4 which will become effective September 1, 2013."
- WSR 13-09-018: the Washington Supreme Court issues an order directing the Washington State Office of Public Defense to conduct a statewide attorney time study and to develop a model misdemeanor case-weighting policy consistent with CrRLJ 3.1 and the Standards for Indigent Defense adopted by the court. The order also delays the implementation of the misdemeanor case load limits set forth in Standard 3.4 of the Standards for Indigent Defense until January 1, 2015.
- WSR 13-09-020: the Washington Supreme Cour publishes for comment proposed changes to the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) dealing with monetary penalties, GR 31(1) dealing with Access to Court Records and, rescission of CrRLJ 8.10 - Closure of Proceedings and Sealing of Records, and CrRLJ 8.11 - Disclosure of Records and ARLJ 9 - Disclosure of Records.