WSR 10-09-004


[ Filed April 8, 2010, 9:29 a.m. ]

April 1, 2010

Rogers Weed, Director

Department of Commerce

PO Box 42525

Olympia, WA 98504-2525

Dear Rogers:

As you know, today I signed Engrossed Second Substitute House Bill 2658 into law, with the exception of Section 404 of the bill. This section, among other things, required the legislature to approve or recommend changes to the state energy strategy and updates via concurrent resolution. I believe this subsection would have created ambiguities that would impede the Department of Commerce in the performance of its duties. The language could be read to require legislative approval before the Department undertakes any actions contained in the strategy, including executive actions authorized by existing law.

Unfortunately, section 404 of the bill also defined the process by which the department would update and revise the state energy strategy. I acknowledge the process outlined in the bill reflected significant negotiation throughout the legislative process and agreement among stakeholders.

Therefore, I direct the Department of Commerce to following the process and schedule outlined in the bill by conducting the update and revision under the Department's existing statutory authority.

Specifically, I direct the Department to:

Update the strategy by December 1, 2010;
Fully revise the strategy by December 1, 2011;
Convene a technical experts panel to provide unbiased information that supports high quality decision making;
Engage a broad advisory committee with membership that represents a balance of interests;
Deliver the update and full revision reports, including implementation actions to the Legislature and to me; and
Seek in-kind and financial support for this process from non state sources.

I further direct you to work closely with legislators during development of, and in crafting the recommendations for, the updated state energy strategy. Many of the needed actions will require the support and affirmative action of the state Legislature.


Christine O. Gregoire


Washington State Code Reviser's Office