On October 1, 2009, the Committee found that the Small Business Economic Impact Statement (SBEIS) for the proposed changes filed with the Code Reviser failed to comply with all requirements of law. The Committee requested that the Council conduct a cost-benefit analysis pursuant to RCW 34.05.328 and amend the SBEIS to provide additional economic impact information, including an estimate of the number of jobs that would be created or lost as a result of compliance with all the proposed rules, as required by RCW 19.85.040 (2)(d).

     The Council provided the Committee with information and data on November 18, 2009. On December 2, 2009, the Committee found that the Council failed to adequately respond to the Committee's request for additional data. Specifically, the Committee found that the Council failed to amend the SBEIS to (a) estimate the number of jobs that would be created or lost as a result of compliance with the proposed changes; and (b) support the SBEIS with a detailed and rigorous costs analysis of the cumulative impact of all the changes. In addition, the Committee found that the Council failed to provide the Committee with a cost-benefit analysis of the proposed changes and pursuant to the requirements of RCW 34.05.328.

     The Committee strongly supports a process that makes thoughtful and informed progress towards changes that result in improved energy efficiency in our buildings, wherever practicable. While the Council worked diligently, it is the opinion of the Committee that the Council did not fully develop and consider the economic impacts and costs versus benefits of these significant changes to our Energy Code. Furthermore, it is the opinion of the Committee that the Council and the Legislature need this information to fully evaluate the value, impacts, and consequences of the proposed codes, with due diligence to their respective fiduciary responsibilities, in order to create the best informed public policy.

     As a result, the Committee recommends that the Governor suspend the adoption and implementation of the changes to the Energy Code, Chapter 51-11 WAC, adopted by the Council on November 20, 2009, until such time as a more adequate analysis has been completed and considered by the appropriate bodies.

     For all of the above stated reasons, the Committee objects to the changes to the State Energy Code, Chapter 51-11 WAC, that were adopted by the Council on November 20, 2009, and hereby directs the Code Reviser, pursuant to RCW 34.05.640(4), to publish this Notice of Objection in the Washington State Register and along with any publication in the Washington Administrative Code of changes to Chapter 51-11 WAC that were adopted by the Council in 2009 and filed with the Code Reviser.

     Thank you for your assistance.

Sincerely,

Bob Hasegawa

Chair

Joel Kretz

Vice-Chair

© Washington State Code Reviser's Office