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Subjects › Legal › Recent Regulations of Interest to City, Town, and County Officials From the Washington State Register
Updated 01/30/2011

Recent Regulations of Interest to City, Town, and County Officials from the Washington State Register

Contents

Introduction

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.

Proposed Regulations

  • WSR 11-15-011 (WAC 415-02-250): the Department of Retirement Systems proposes a rule to implement LEOFF retiree medical accounts established under Internal Revenue Code Section 401(h). (The state legislature has enacted legislation providing for the payment of medical benefits for retirees of LEOFF Plan 2 who are totally disabled in the line of duty and survivors of LEOFF Plan 2 and the Washington State Patrol Retirement System Plans 1 and 2 who are killed in the line of duty.)
  • WSR 11-21-023 (WAC 139-05-100): the Criminal Justice Training Commission proposes rules to establish a basic law enforcement training program for first term sheriffs.
  • WSR 11-21-027 (Ch. 139-07 WAC): the Criminal Justice Training Commission proposes rules to implement SHB 1567 (2011), which authorizes the commission 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 commission.

Regulations Proposed for Expedited Adoption

  • WSR 11-24-072 (WAC 51-11-1200): the Building Code Council proposes repeal of requirements in WAC 51-11-1200, part of the 2009 Washington State Energy Code, Chapter 12, dealing with energy metering. This rule is no longer necessary due to changed circumstances. New information has come forward to indicate that the cost of compliance with this rule far exceeds that which was originally estimated. As such, the rule as adopted is not feasible as originally intended. In the current economic climate, the costs associated with compliance outweigh any benefits received.
  • WSR 12-01-046 (WAC 458-30-200): the Department of Revenue proposes changes to the definitions for the terms used in conjunction with land classified under the Open Space Taxation Act, codified as chapter 84.34 RCW.

Permanent Regulations

  • WSR 11-13-048 (Ch. 173-441 WAC): the Energy Facility Site Evaluation Council (EFSEC) adopts, as directed in chapter 70.94 RCW, a mandatory greenhouse gas reporting rule for facilities licensed and regulated by EFSEC.
  • WSR 11-17-037 (Chs. 173-400, 173-401 WAC): the Department of Ecology adopts amendments to the general regulations for air pollution sources and the operating permit regulations. The purpose of the amendments is to assure the consistency between the provisions that implement the federal and state clean air acts. These rule amendments will impact greenhouse gas permitting under the prevention to significant deterioration (PSD) and Title V operating permit programs.
  • WSR 11-17-062 (Ch. 246-290 WAC): the Department of Health adopts the federal Lead and Copper Rule - Short-term Revisions into chapter 246-290 WAC, Group A public water supplies. The rule provides more effective public health protection by reducing exposure to lead in drinking water. The rule revisions clarify monitoring requirements, improve consumer awareness, as well as provide editorial changes to improve overall clarity and consistency with federal requirements.
  • WSR 11-20-035 (Ch. 173-224 WAC): the Department of Ecology adopts fee increases for some wastewater and stormwater permit fee categories by the following: 4.34 percent for state fiscal year 2012 and 4.62 percent for state fiscal year 2013 as authorized in the department's budget passed by the 2011 legislature.
  • WSR 11-20-036 (Chs. 173-95A, 173-98 WAC): the Department of Ecology adopts amendments to the uses and limitations of the water pollution control revolving fund, chapter 173-98 WAC, and to the uses and limitations of centennial clean water fund, chapter 173-95A WAC.
  • WSR 11-20-041 (Ch. 308-330 WAC): the Department of Licensing amends the model traffic ordinance to include violations enacted by the legislature in the 2011 legislative session, and to update section citations to sections of law recodified or replaced during the 2010 and 2011 legislative sessions.
  • WSR 11-23-101 (Ch. 468-95 WAC): the Department of Transportation adopts the 2009 Edition of the Federal Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), with modifications to reflect Washington state law and practices, into chapter 468-95 WAC. This action assures that traffic control device applications are current with the national practices mandated by the MUTCD.
  • WSR 11-24-064 (Chs. 434-208, 434-215, 434-219, 434-230, 434-235, 434-250, 434-260, 434-261, 434-262, 434-264, 434-324, 434-335, 434-381 WC): the Secretary of State adopts rules to implement ESSB 5124, HB 1000, 2ESSB 5171, RCW 42.17A.005 (6)(a), and the federal district court decision, Washington State Republican Party v. State of Washington, case no. C05-0927-JCC (January 11, 2011). The rules also update the timing of county reviews, requirements for certification of election administrators, and deadlines for submissions to the state voters' pamphlet.
  • WSR 12-01-031 (WAC 390-20-120): the Public Disclosure Commission amends the form for reporting legislative activity by public agencies to include new services attachment and travel attachment pages and to correct statutory references to reflect the recodification of chapter 42.17 RCW to chapter 42.17A RCW.
  • WSR 12-01-040 (Chs. 458-18, 458-30 WAC): the Department of Revenue amends rules to provide the rate of interest to be used when refunding property taxes paid in 2012, to provide the interest rate and property tax component to be used when valuing classified farm and agricultural land during the 2012 assessment year, and to provide the rate of inflation used in calculating interest for deferred special benefit assessments of land removed or withdrawn during 2012.
  • WSR 12-01-077 (Ch. 246-296 WAC): the Department of Health adopts changes to the Drinking Water State Revolving Fund (DWSRF) loan program. The changes include new federal requirements for water systems to obtain a DWSRF loan. The changes are necessary to establish eligibility requirements for public water systems to receive a loan for funding infrastructure improvements. The changes also include establishing criteria for principal forgiveness; green projects; and restructuring, which may include ownership and management changes, and consolidation of water systems.
  • WSR 12-01-099 (Chs. 51-50, 51-51, 51-54 WAC): the Building Code Council amends the rules regarding the requirements for installation of carbon monoxide (CO) alarms in residential settings.
  • WSR 12-02-040 (WAC 458-40-540): the Deparment of Revenue amends WAC 458-40-540, which contains the forest land values that 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 2012 assessment year.

Emergency Regulations

  • WSR 11-23-049 (WAC 51-11-1200): the Building Code Council, effective July 12, reserves Chapter 12 of the Washington State Energy Code, WAC 51-11-1200, to suspend requirements for energy metering.
  • WSR 11-24-101 (Ch. 314-28 WAC): the Liquor Control Board adopts, effective December 8, 2011, rules needed to implement Initiative 1183 that passed on November 8, 2011. Parts of the initiative become effective on December 8, 2011. New license types were created and the state changed from a controlled liquor system to a privatized liquor system. Emergency rules are needed to clarify the language in the new laws created in Initiative 1183.
  • WSR 11-24-036 (Chs. 51-50, 51-51, 51-54 WAC): the Building Code Council further extends the emergency declaration that eliminates the current implementation date requirements contained in the permanent rules for installation of carbon monoxide alarms, and also modifies which dwellings must have the alarms.

Miscellaneous

  • WSR 11-13-063: the State Supreme Court adopts amendments to IRLJ 2.1(b) - Notice of Infraction, regarding the time within which the defendant must respond to the notice of infraction.
  • WSR 11-20-086: the Department of Ecology announces the proposed draft Phase I and Phase II Western Washington national pollutant discharge elimination system (NPDES) municipal stormwater general permits.
  • WSR 11-20-087: the Department of Ecology announces the proposed draft Phase I and Phase II Eastern Washington national pollutant discharge elimination system (NPDES) municipal stormwater general permits.
  • WSR 11-20-076: The Department of Revenue has issued the excise tax advisory, ETA 3024.2011 Public Works Contracts, which provides guidance regarding retail sales tax and retainages for public works. The department has updated the ETA to recognize provisions of HB 1384. This legislation excludes from retainage requirements those public road improvement contracts funded in whole or in part by federal transportation funds.
  • WSR 11-22-084: the Department of Ecology issues a public notice "Announcing a Draft Modification of the Washington State Department of Transportation Municipal Stormwater Permit for Review and Comment." The department issued a permit to the Washington State Department of Transportation on January 21, 2009. The permit covers discharges from its municipal separate storm sewer system (MS4). MS4s are conveyances or a system of conveyances including roads with drainage systems, streets, catch basins, ditches, man-made channels, and storm drains.