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SUBJECTS › LEGAL › Recent Regulations of Interest to City, Town, and County Officials From the Washington State Register
Updated 10/29/09

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.

| Proposed Regulations | Regulations Proposed for Expedited Adoption | Permanent Regulations |
| Emergency Regulations | Miscellaneous |

Proposed Regulations    

  1. WSR 09-09-011 (GR 34): the state Supreme Court proposes adoption of a new GR 34 (Waiver of Court's and Clerk's Fees and Charges in Civil Matters).
  2. WSR 09-10-041 (Ch. 458-18A WAC): the Department of Revenue proposes a new chapter 458-18A WAC implementing the limited income deferral program in chapter 84.37 RCW. Chapter 84.37 RCW was enacted in a 2007 special session of the legislature.
  3. WSR 09-15-173 (Chs. 365-190, 365-195, 365-196 WAC): the Department of Commerce (formerly Community, Trade and Economic Development) proposes amendments to chapter 365-190 WAC (Minimum guidelines to classify agricultural, forest and mineral lands and critical areas), and to chapter 365-195 WAC (Procedural criteria for adopting comprehensive plans and development regulations). The proposed rule replaces WAC 365-195-010 through 365-195-865 with a new chapter 365-196 WAC for improved organization and clarity.  
  4. WSR 09-17-136 (Ch. 51-11 WAC): the Building Code Council proposes amendment of chapter 51-11 WAC, the Washington State Energy Code (WSEC).
  5. WSR 09-17-137 (Ch. 51-13 WAC): the Building Code Council proposes amendment of chapter 51-13 WAC, the Washington State Ventilation and Indoor Air Quality Code.
  6. WSR 09-17-139 (Ch. 51-50 WAC): the Building Code Council proposes adoption and amendment of the 2009 edition of the International Building Code (IBC) and standards.
  7. WSR 09-17-140 (Ch. 51-51 WAC): the Building Code Council proposes adoption and amendment of the 2009 edition of the International Residential Code (IRC) and standards.
  8. WSR 09-17-141 (Ch. 51-52 WAC): the Building Code Council proposes adoption and amendment of the 2009 edition of the International Mechanical Code (IMC) and International Fuel Gas Code (IFGC); the 2009 edition of the National Fuel Gas Code (NFPA 54); and the 2008 edition of the Liquefied Petroleum Gas Code (NFPA 58). 
  9. WSR 09-17-142 (Ch. 51-54 WAC): the Building Code Council proposes adoption and amendment of the 2009 edition of the International Fire Code (IFC) and standards.
  10. WSR 09-17-143 (Chs. 51-56, 51-57 WAC): the Building Code Council proposes adoption and amendment of the 2009 edition of the Uniform Plumbing Code and standards.
  11. WSR 09-18-027 (Ch. 139-07 WAC): the Criminal Justice Training Commission proposes a rule that is the result of 2009 legislation (HB 1324, Ch. 139, Laws of 2009 ) that requires the commission to set the standard for conducting preemployment psychological examinations for peace officers and reserve law enforcement officers. Setting this standard in WAC will provide a minimum standard for psychological examinations.
  12. WSR 09-18-050 (Chs. 136-16, 136-18, 136-12, 136-165, 136-167136-170 WAC): the County Road Administration Board proposes amendments to its rules regarding road construction using county forces, to be consistent with ESSB 5228 adopted by the state legislature during the 2009 legislative session.  
  13. WSR 09-19-005 (Ch. 308-59 WAC): the Department of Licensing proposes rules addressing transportation benefit district administration, and assessing transportation benefit district fees.


Regulations Proposed for Expedited Adoption 

  1. WSR 09-09-117 (Ch. 210-01 WAC): the State Treasurer proposes amendments to the procedures for the local government investment pool to allow the office of the state treasurer the flexibility to better accommodate pool participants' deposit and withdrawal requests.
  2. WSR 09-14-137 (Ch. 458-30 WAC)): the Department of Revenue proposes for expedited adoption amendments to WAC 458-30-230 and WAC 458-30-232 because there is a new procedure that may be used when classifying land as open space land under RCW 84.34.037 and timber land under RCW 84.34.041, and amendments to WAC 458-30-295 and WAC 458-30-300 because of recent legislative changes to RCW 84.34.108, regarding the removal of land from classification under chapter 84.34 RCW, and to RCW 84.33.140 and 84.33.145, regarding the removal of land from designation under chapter 84.33 RCW.
  3. WSR 09-21-029 (WAC 458-30-590): the Department of Revenue proposes a rule amendment to provide information about the rate of inflation that is used by county officials to calculate interest on deferred special benefit assessments when farm and agricultural or timber land is removed or withdrawn from classification under chapter 84.34 RCW, the open space program.
  4. WSR 09-21-030 (WAC 458-30-262): the Department of Revenue proposes a rule amendment to provide county assessors with the rate of interest and property tax component used in valuing farm and agricultural land classified under chapter 84.34 RCW (the open space program) during assessment year 2010.

Permanent Regulations 

  1. WSR 09-04-027 (Ch. 51-54 WAC): the Building Code Council amends portions of chapter 51-54 WAC, the 2006 International Fire Code.
  2. WSR 09-04-023 (Ch. 51-51 WAC): the Building Code Council amends portions of chapter 51-51 WAC, the state amendments to the International Residential Code.
  3. WSR 09-04-033 (WAC 458-12-140): the Department of Revenue adopts amendments that explain when the boundaries of a taxing district must be established for the purpose of levying property taxes, that explain the requirement that county assessors must transmit taxing district boundary information to the property tax division of the department when there is a change in taxing district boundaries or when a new taxing district is established, and provides guidance to assessors in designating tax code areas to be used in the listing of real and personal property.
  4. WSR 09-04-035 (WAC 458-07-030): the Department of Revenue amends WAC 458-07-030, which defines the phrase "true and fair value," and explains how an assessor should determine true and fair value when valuing property. This rule is revised to conform to HB 1450 (chapter 301, Laws of 2007). HB 1450 exempts rental properties for very low-income households owned or used by nonprofit entities if the households have received financial assistance from: a federal program administered by a city or county government; or surcharges authorized by RCW 36.22.178 and 36.22.179 and any of the surcharges authorized in chapter 43.185C RCW.
  5. WSR 09-05-067 (Chs. 463-10, 463-43, 463-58, 463-60, 463-62 WAC ): the Energy Facility Site Evaluation Council adopts amendments: to reflect statute changes; to clarify fee language; to include required monetary charges for electrical transmission facilities; to clarify responsibility for financial services; and to add existing requirements for carbon dioxide plan submittal, meeting greenhouse gas performance standards, and meeting electrical transmission facilities rules.
  6. WSR 09-05-071 (Chs. 296-32, 296-45, 296-54, 296-56, 296-59, 296-78, 296-155, 296-800, 296-809, 296-818, 296-824, 296-826, 296-843, 296-848 WAC): the Department of Labor and Industries adopts amendments to clarify the fact that personal protective equipment (PPE) for employees is to be paid for by the employer.
  7. WSR 09-06-060 (Ch. 491-03 WAC): the Board for Volunteer Firefighters and Reserve Officers adopts rules addressing membership and participation requirements in the the board for volunteer fire fighters' and reserve officers' relief and pension principal fund and in the volunteer fire fighters' and reserve officers' pension.
  8. WSR 09-08-121 (WAC 468-60-010): the Department of Transportation adopts amendments to the trip reduction performance program.
  9. WSR 09-09-068 (WAC 468-18-040; Ch. 468-30 WAC): the Department of Transportation adopts amendments to the rules addressing: design standards for rearranged county roads, access roads, intersections, ramps, and crossings: and the procedure for transfer of abandoned state highways to counties and for transfer of abandoned state highways to cities and towns.
  10. WSR 09-09-091 (Ch. 204-36 WAC): the State Patrol adopts amendments to its standards for authorized emergency vehicle permits to add definitions and to include new standards for background checks and restrictions on signs, shield markings, accessories and insignia used on uniforms, clothing or equipment that may imply that the operator is a law enforcement officer.
  11. WSR 09-12-078 (Chs. 434-215, 434-230, 434-261, 434-262, 434-262, 434-324, 434-335 WAC): the Secretary of State adopts amendments to election-related procedures, including voter registration, voting systems, jurisdiction questionnaires, sample ballots, recounts, and candidate filing.
  12. WSR 09-14-105 (Ch. 173-303 WAC): the Department of Ecology adopts, effective July 31, amendments to the dangerous waste regulations, chapter 173-303 WAC, that will bring the state regulations into conformance with current federal requirements, and will update other requirements, including biological and chemical testing methods.
  13. WSR 09-18-098 (Chs. 434-215, 434-219, 434-230, 434-235, 434-260, 434-261, 434-264, 434-324 WAC): the Secreatary of State adopts rules regarding a number of issues needed for preparation and implementation of upcoming elections. Topics include declaration of candidacy, presidential primary, ballots, service and overseas voters, election reviews and the certification and training program, counting center procedures, recounts, and the statewide voter registration database. These rules implement 2009 legislation (ESHB 1018, SSB 5270, SSB 5271, HB 1517, SB 5359, and SSB 6122) and repeal outdated language regarding appointment of clerks.
  14. WSR 09-19-010 (Chs. 458-16, 458-19, 458-30 WAC): the Department of Revenue amends various rules to reflect the current content of the underlying statutes and that address: property tax exemptions for art, scientific, and historical collections and for musical, dance, artistic, dramatic and literary associations; the process used in prorationing property tax levies under RCW 84.52.043 and 84.52.010; a new procedure that may be used when classifying land as open space land under RCW 84.34.037 and timber land under RCW 84.34.041; and regarding the removal of land from classification under chapters 84.33 RCW and chapter 84.33 RCW.
  15. WSR 09-19-013 (Ch. 173-700 WAC): the Department of Ecology adopts rules to provide a predictable, efficient, regulatory framework for the review of wetland mitigation bank proposals and the certification of environmentally responsible wetland mitigation banks consistent with existing federal guidance on compensatory wetland mitigation banks.
  16. WSR 09-19-032 (WAC 139-05-825): the Criminal Justice Training Commission adopts a rule to establish a process to grant a basic reserve law enforcement officer certificate of equivalency to persons who have incurred a break in service as a Washington reserve law enforcement officer and desire to return to service as a reserve law enforcement officer.

Emergency Regulations 

  1. WSR 09-07-024 (Ch. 246-296 WAC): the Department of Health amends, effective March 6, 2009, the drinking water state revolving fund loan program to include criteria for water systems to obtain a loan as provided in the federal American Recovery and Reinvestment Act of 2009.
  2. WSR 09-09-078 (Ch. 173-98 WAC): the Department of Ecology amends, effective April 15, 2009, chapter 173-98 WAC (Uses and limitations of the water pollution control revolving fund) in order for the department to receive and disburse federal stimulus money to public bodies to fund high priority water quality projects.
  3. WSR 09-09-116 (Ch. 210-01 WAC): the State Treasurer adopts, effective April 21, 2009, amendments to the procedures for the local government investment pool to allow the office of the state treasurer the flexibility to better accommodate pool participants' deposit and withdrawal requests.
  4. WSR 09-10-033 (WAC 458-30-200): the Department of Revenue amends, effective April 29, the definitions for the terms used in conjunction with land classified under the Open Space Taxation Act, codified as chapter 84.34 RCW.
  5. WSR 09-17-001 (Chs. 434-324, 434-230, 434-235, 434-261 WAC): the Secretary of State adopts, effective August 5, 2009, rules regarding ballot format, voter registration, absentee ballots, counting center procedures, and recounts, to implement legislation passed by the 2009 legislature that is already in effect.

Miscellaneous 

  1. WSR 09-13-011: the Department of Ecology has issued the 2003 Municipal Water Law Interim Guidance and Interpretive and Policy Statement, which is to serve as guidance for water resources program staff and policy direction to the public during the interim between the June 11, 2008, King County Superior Court decision that struck three sections of the 2003 municipal water law, and the resolution of appeals of that decision.
  2. WSR 09-14-113: the Department of Ecology has, effective July 15, 2009, reissued with minor changes the water treatment plant (WTP) general permit, first issued by the department on June 16, 2004.