WSR 05-15-138

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT
(Energy Policy Division)

[ Filed July 19, 2005, 11:52 a.m. ]

Subject of Possible Rule Making: Establish rules for the identification, certification (of compliance with the statute), and packaging of products listed in ESHB 1062 (enacted in 2005). ESHB [1062] establishes state minimum energy efficiency standards for twelve types of products for which the rules are required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.330.040 Director powers and duties (CTED authorizing legislation).

RCW 43.330.904 Transfer of certain state energy office powers, duties, and functions -- References to director -- Appointment of assistant director (transfer of State Energy Office powers to CTED).

RCW 43.21F.045 Duties of department -- Transfer of powers and duties relating to energy education, applied research, technology transfer, and energy efficiency in public buildings (transfer of State Energy Office powers to CTED).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: A rule-making requirement has been mandated in ESHB 1062. Section 7(2), indicates "The department shall establish rules governing the certification of these products and may coordinate with the certification programs of other states and federal agencies with similar standards." Section 7(3) indicates, "The department shall establish rules governing the identification of these products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards."

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are neither federal agencies nor other Washington state agencies that regulate this subject. There are agencies in other states that regulate this subject and a process to voluntarily coordinate regulations across these multiple states has been initiated.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. CTED will establish a formal rule-making process through which interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule. Initial contact should be made with CTED by letter, fax, voice mail or e-mail to CTED Energy Policy, P.O. Box 43173, Olympia, WA 98504-3173; or Carolee Sharp, (360) 956-2096, carolees@ep.cted.wa.gov, fax (360) 956-2180; or Cory Plantenberg, (360) 956-2101, coryp@ep.cted.wa.gov, fax (360) 956-2180.

The CTED rule-making process will be conducted in accordance with chapter 34.05 RCW, Administrative Procedure Act, and will include efforts to identify and contact a broad range of possible interested parties and offer a number of easy ways to participate, including internet web communications and at least one public meeting.

July 18, 2005

Sue Mauermann

Deputy Director

Washington State Code Reviser's Office