WSR 14-11-074
[Filed May 20, 2014, 8:25 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-08-078.
Title of Rule and Other Identifying Information: WAC 262-01-100 Financing energy efficiency improvements.
Hearing Location(s): Washington State Housing Finance Commission (WSHFC), 28th Floor Board Room, 1000 Second Avenue, Seattle, WA 98104-3601, on June 26, 2014, at 1:00 p.m.
Date of Intended Adoption: July 24, 2014.
Submit Written Comments to: David Clifton, WSHFC, Multifamily Housing and Community Facilities (MHCF) Division, 1000 Second Avenue, Suite 2700, Seattle, WA 98104-3601, e-mail, fax (206) 587-5113, by 5 p.m. on Wednesday, June 25, 2014.
Assistance for Persons with Disabilities: Contact the MHCF division by 1:00 p.m. on Tuesday, June 24, 2014, at (206) 464-7139.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amends WAC 262-01-100 Financing energy efficiency improvements, to provide greater clarity to sustainable energy trust program participants regarding the operation of the program.
Reasons Supporting Proposal: The proposed rule provides greater clarity to sustainable energy trust program participants regarding the operation of the program.
Statutory Authority for Adoption: RCW 43.180.140, 43.180.260.
Statute Being Implemented: RCW 43.180.260.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: As noted above, the rules govern the financing of energy efficiency improvements. The proposed rule change is intended to make the applicable rule clearer for program participants.
Name of Proponent: WSHFC, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David Clifton, 1000 Second Avenue, Suite 2700, Seattle, WA 98104-3601, (206) 287-4407.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Statement not required under RCW 19.85.030(1) because the proposed rule will not impose "more than minor costs on businesses in an industry."
A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.05.328(5), the statute does not apply to this rule adoption because the WSHFC is not an agency listed in subsection (5)(a)(i) nor has it voluntarily made the statute applicable to the agency as listed in subsection (5)(a)(ii).
May 19, 2014
Paul R. Edwards
Deputy Director
AMENDATORY SECTION (Amending WSR 83-24-001 (Resolution No. 83-12), filed 11/28/83)
WAC 262-01-100 (Financing energy efficiency improvements) as follows:
(1) The commission, in developing its plan of housing finance, shall consider energy efficiency improvements that may reasonably be achieved through the housing finance programs of the commission.
(2) The commission may, as part of a particular single family mortgage purchase bond issue, require minimum energy efficiency standards as a condition of eligibility for housing finance assistance or the commission may make bond proceeds available for rehabilitation or home improvement loans for energy efficiency enhancement.
(3) The commission ((shall)) may require applicants for multifamily housing financing to specify what steps will be taken to insure energy efficiency in the project to be financed. The commission ((shall)) may consider such plans in determining whether or not bond proceeds may be used for such purposes.
(4) In administering a sustainable energy trust program pursuant to RCW 43.180.260, the commission may (a) provide loan financing for qualified energy efficiency and renewable energy improvements by making loans or by buying or investing in loans or participations therein, and (b) establish eligibility criteria for projects and borrowers.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.