DEPARTMENT OF COMMERCE

[Filed December 2, 2025, 9:03 a.m.]

Preproposal statement of inquiry was filed as WSR 25-19-087.

Title of Rule and Other Identifying Information: Electric storage water heaters rule making; the department of commerce (commerce) is proposing to update the communication interface technical specification for electric storage water heaters to reflect more recent versions of the ANSI/CTA-2045-A standards listed in WAC 194-24-180 in order to maintain and improve consistency with the most up-to-date version of the standard and with comparable standards in other states.

Hearing Location(s): On January 7, 2026, at 3:00 - 5:00 p.m., via Zoom at https://wastatecommerce.zoom.us/meeting/register/J_HQ-_D0S2qHx3axV4z_SQ.

Date of Intended Adoption: January 14, 2026.

Submit Written Comments to: Nick Manning, 1011 Plum Street S.E., email nick.manning@commerce.wa.gov, beginning December 3, 2025, by January 7, 2026.

Assistance for Persons with Disabilities: Contact Nick Manning, phone 564-200-4324, email nick.manning@commerce.wa.gov, by January 6, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 19.260.080 (1)(b) maintains that commerce may adopt by rule a more recent version of the interface standard and application layer requirements for electric storage water heaters. Commerce is proposing to update state standards for electric storage water heaters to reflect more recent versions of the ANSI/CTA-2045-A standards listed in WAC 194-24-180 in order to maintain and improve consistency with the most up-to-date version of the standard and with comparable standards in other states.

Reasons Supporting Proposal: Current rules include an out-of-date standard which has since been iterated on. Newer versions include all the requirements of the old one, but add increased specificity. Commerce needs to update rules now to avoid being out of step with other states and industry expectations.

Statutory Authority for Adoption: RCW 19.260.080.

Statute Being Implemented: RCW 19.260.080.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state department of commerce, governmental.

Name of Agency Personnel Responsible for Drafting: Nick Manning, 1011 Plum Street S.E., P.O. Box 42525, Olympia, WA 98504-2525, 564-200-4324; Implementation and Enforcement: Brittany Wagner, 1011 Plum Street S.E., P.O. Box 42525, Olympia, WA 98504-2525, 360-764-0225.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. Commerce is not a listed agency in RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Is exempt under 19.85.025(4).

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 22-20-025, filed 9/23/22, effective 10/24/22)

WAC 194-24-180Electric storage water heaters.

(1) Scope. This rule applies to new electric storage water heaters manufactured on or after January 1, 2023.

(2) Standard. Electric storage water heaters must have a modular demand response communications port compliant with:

(a) The March 2018 version of the ANSI/CTA–2045-A communication interface standard, the February 2021 version of the ANSI/CTA-2045-B application layer requirements, or a standard determined by the department to be equivalent; and

(b) The March 2018 version of the ANSI/CTA-2045-A application layer requirements, or the February 2021 version of the ANSI/CTA-2045-B communication interface standard.

The interface standard and application layer requirements required in this subsection are the versions established in March 2018 and February 2021.

(3) Upon written request by a manufacturer, the department will determine whether an alternative communications port and communication interface standard are equivalent for the purposes of subsection (2) of this section.

(a) Any requested alternative must use a standard that is open and widely available and must provide the demand response functions provided using the standards identified in subsection (2) of this section.

(b) A request for designation of a standard must provide technical documentation demonstrating that the standard satisfies the requirements in (a) of this subsection and must describe any industry or stakeholder process used in developing the standard. The department will provide reasonable opportunity for input by utilities, manufacturers, technical experts and other interested stakeholders prior to determining whether the proposed standard is equivalent. The department will make available on a publicly accessible website any standard that it determines to be equivalent.

(4) Testing. There is no test method required for this product.

(5) Listing. There is no listing requirement for this product.

(6) Marking. Every unit of every electric storage water heater must have a label or marking indicating compliance with the standard in this section. The format and content of the label or marking must be approved in advance by the department.