PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: WAC 458-20-273 Renewable energy system cost recovery (Rule 273), this rule explains the cost-recovery incentive program for renewable energy systems.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.32.300 and 82.01.060.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of revenue is considering an amendment to Rule 273 to identify the Administrative Procedure Act appeals rights to a determination by the department regarding a revocation or denial of approval to:
(1) Certify a renewable energy system for eligibility in the incentive payment program; or
(2) Certify a module, inverter, or blade as manufactured in Washington for purposes of increased factors in calculating the amount of incentive payments.
The department is also considering:
| • | Incorporating additional updates and clarifications in the rule; and |
| • | Recognizing SB 5526 (chapter 179, Laws of 2011), which amended RCW 82.16.110 through 82.16.120 to add solar stirling converters manufactured in Washington to the list of qualified renewable energy devices or components that receive enhance[d] incentive payments for a system's production of "customer-generated electricity." |
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Parties interested in this rule making may contact the individual listed below. The public may also participate by providing written comments throughout this rule making or giving oral testimony at the public meeting or public hearing.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Written comments may be submitted by mail, fax, or at the public meeting. Oral comments will be accepted at the public meeting. A preliminary draft of possible rule changes is expected to be available by July 27 for viewing and printing on our web site http://dor.wa.gov/content/FindALawOrRule/RuleMaking/agenda.aspx. Written comments on and/or requests for copies of the rule may be directed to Mark E. Bohe, Interpretations and Technical Advice Division, P.O. Box 47453, Olympia, WA 98504-7453, e-mail markbohe@dor.wa.gov, phone (360) 534-1574.
Public Meeting Location: Capital Plaza Building, Fourth Floor, Executive Conference Room, 1025 Union Avenue S.E., Olympia, WA 98501, on August 30, 2012, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Martha Thomas, no later than ten days before the meeting date, TTY 1-800-451-7985 or (360) 725-7497.
July 19, 2012
Alan R. Lynn
Rules Coordinator