Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-13-076.

     Title of Rule and Other Identifying Information: Update to WAC 365-180-030 Definitions and 365-180-070 Sponsor requirements.

     Hearing Location(s): GA Auditorium, 210 11th Avenue S.W., Olympia, WA 98501, on October 6, 2009, at 10:00 a.m.

     Date of Intended Adoption: October 28, 2009.

     Submit Written Comments to: Heather Matthews, P.O. Box 42525, e-mail heather.matthews@commerce.wa.gov, fax (360) 586-5880, by October 22, 2009.

     Assistance for Persons with Disabilities: Contact Heather Matthews by October 5, 2009, TTY (360) 725-5002.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In the 2009 legislative session, Governor Gregoire signed E2SSB 5649 into law. The effect of this proposal is to clarify that new requirements for employment related to section 202 (3)(e) in E2SSB 5649 relate only to employees who conduct weatherization activities, including any sponsor employees or local agency staff and contractors. In addition, the proposal defines terms in E2SSB 5649 to assist with smooth program implementation.

     Reasons Supporting Proposal: Enhance efficiency of program by providing additional clarity to E2SSB 5649.

     Statutory Authority for Adoption: RCW 70.164.040.

     Statute Being Implemented: RCW 70.164.040.

     Name of Proponent: Department of commerce, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Steve Payne, 906 Columbia Street S.W., Olympia, WA 98504-2525, (360) 725-2950.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. According to the Washington state attorney general's office, any economic impact to small businesses is due to E2SSB 5649, not this rule. If anything, the rule would operate to reduce impact, since it interprets the applicability of the statute as limited to direct weatherization hires.

     A cost-benefit analysis is not required under RCW 34.05.328. The department of commerce is not included in the list of departments in RCW 34.05.328 (5)(a) required to conduct a cost-benefit analysis.

September 1, 2009

Marie Sullivan

Director of Government Relations

OTS-2488.2

AMENDATORY SECTION(Amending Order 92-01, filed 1/7/92, effective 2/7/92)

WAC 365-180-030   Definitions.   (1) "Community" means the local program area served by the weatherizing agency.

     (2) "Department" means the department of community development.

     (((2))) (3) "Energy matchmakers local coordinated plan" means a proposal(s) for use of funding for local low-income weatherization programs in a specific geographical area.

     (((3))) (4) "Family wage job" is defined as a job that pays, as a minimum, prevailing wage.

     (5) "Low-income" means ((household income that is at or below one hundred twenty-five percent of the federally established poverty level)) households at or below eighty percent of the state area median income. However, priority will be given to households at or below one hundred twenty-five percent of the federally established poverty level.

     (((4))) (6) "Nonutility sponsor" means an organization that is not an energy supplier and that submits a local coordinated plan.

     (((5))) (7) "Residence" means a house, including a stationary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters; but excluding institutional buildings such as: A university, group care facility, nursing home, half-way residence, hospital, hotel, motel, etc.

     (((6))) (8) "Sponsor" means an organization that submits a match proposal as part of the energy matchmakers local coordinated plan.

     (((7))) (9) "Sponsor match" means the share, if any, of the cost of weatherization to be paid by the sponsor.

     (((8))) (10) "Weatherization" means materials or measures, including the education of the low-income household about energy saving behaviors in the home, and their installation or application, that are used to improve the thermal efficiency of a residence.

     (((9))) (11) "Weatherizing agency" means a public or nonprofit private organization, approved by the department, responsible for doing all aspects of the weatherization work.

[Statutory Authority: Chapter 70.164 RCW. 92-03-019 (Order 92-01), § 365-180-030, filed 1/7/92, effective 2/7/92. Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), § 365-180-030, filed 1/4/88.]

     (2) The employment requirements of RCW 70.164.040 (3)(e), apply only to individuals hired specifically to repair homes prior to weatherization, and to construct or install weatherization materials in low-income residences.

     (3) A review team will evaluate the energy matchmakers local coordinated plans, and will be composed of persons with knowledge of energy conservation and of community-based public and private service organizations.

     (((3))) (4) Plans which include a commitment of matching resources will be given priority for funding.

     (((4))) (5) The department shall have the final discretion to award funds.

     (((5))) (6) The department will enter into a contract with weatherizing agencies identified in successful local coordinated plans. This contract shall be signed by an official with authority to bind the weatherizing agency and returned to the department prior to the release of any funds under this program.

[Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), § 365-180-070, filed 1/4/88.]

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