Effective Date of Rule: Immediately.
Purpose: To reserve Chapter 12 of the Washington State Energy Code, WAC 51-11-1200, to suspend requirements for energy metering. This is an extension of the emergency rule filed under WSR 11-15-031 on July 12, 2011.
Citation of Existing Rules Affected by this Order: Suspending WAC 51-11-1200.
Statutory Authority for Adoption: RCW 19.27A.020, 19.27A.025, and 19.27A.045.
Other Authority: Chapters 19.27 and 34.05 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The council finds that the rule causes potential economic hardship on building owners. Further, the rule has unintended and unanticipated consequences on the required installation of standby power for emergency systems. To preserve safety and public health in newly constructed and renovated buildings, the rule must be suspended to assure properly installed standby power for emergency systems, and to allow the council to examine the costs of installing the energy metering systems. The council is currently in the process of developing the proposed permanent rule, along with the necessary cost-benefit analysis and small business economic impact statement.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 14, 2011.