WSR 26-13-109

PREPROPOSAL STATEMENT OF INQUIRY

UTILITIES AND TRANSPORTATION

COMMISSION

[Filed June 17, 2026, 9:19 a.m.]

Subject of Possible Rule Making: The rule making will deal with the implementation of RCW 81.77.040, and WAC 480-70-011 and 480-70-016, as to whether the collection and transportation of residual waste from a material recovery facility (MRF) for disposal is subject to economic regulation by the utilities and transportation commission (commission).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040 and 81.04.160.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To resolve disagreement among regulated solid waste collection companies, commercial recycling companies, and waste/recycling generators, such as MRFs. The rules are needed to provide clarity pertaining to what activities the commission should regulate as solid waste collection under chapter 81.77 RCW and what the commission should regulate as common carriage of property under chapter 81.80 RCW.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Environmental Protection Agency and the Washington state department of ecology. The commission will provide each agency an opportunity to participate in the rule making.

Process for Developing New Rule: Agency study; and the utilities and transportation commission will ask for initial written comments on the CR-101 by July 31, 2026, and will conduct a stakeholder workshop on October 20, 2026.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeff Killip, Executive Director and Secretary, P.O. Box 47250, Olympia, WA 98504-7250, phone 360-664-1173, fax 360-586-1150, email records@utc.wa.gov, website www.utc.wa.gov/e-filing.

June 17, 2026

Jeff Killip

Executive Director and Secretary