Tag Archives: rule suspension

Governor’s rule-suspension order raises questions

Business and environmental groups have been waiting for the other shoe to drop since Gov. Chris Gregoire announced that she was suspending state rule-making activities. Her declared motive was to provide small businesses “stability and predictability they need to help with our state’s recovery.”

At the time of the announcement on Nov. 17, the governor indicated that her executive order (PDF 14 kb) would not apply across the board. Some regulations would continue to move through the rule-making process. Criteria for exempting rules (PDF 20 kb) from the moratorium were wide enough to slide through nearly any regulation that the governor wishes to pursue.

Regulations may continue through the rule-making process if they are:

  • Required by federal or state law or required to maintain federally delegated or authorized programs;
  • Required by court order;
  • Necessary to manage budget shortfalls, maintain fund solvency, or for revenue generating activities;
  • Necessary to protect public health, safety, and welfare or necessary to avoid an immediate threat to the state’s natural resources;
  • Beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects;
  • The subject of negotiated rule-making or pilot rule-making that involved substantial participation by interested parties before the development of the proposed rule;
  • A permanent rule previously covered by emergency rules; or
  • An expedited rule under RCW 34.05.353 where the proposed rules relate only to internal governmental operations.

Let’s face it. To really understand what this means, we must wait for the list of regulations that will actually be placed on hold for the next year or more. On environmental issues, both business leaders and environmental activists have interpreted Gregoire’s move as a relaxation of her aggressive environmental policies. But how far that will go is yet to be seen. Remember, she said recently that we cannot take a time-out on saving Puget Sound, recession or not. (See Water Ways, Oct. 21)

Each agency must report by the end of January which rules they want to suspend and which they want to keep moving through the process, along with justifications for their decisions.

Almost immediately after Gregoire’s executive order was announced, Washington Department of Ecology posted a list of six rules that will proceed. They are related to greenhouse gas reporting, air pollution sources, Water Pollution Control Revolving Fund, Upper Kittitas groundwater management, and chemicals of concern in children’s toys.

At the end of this blog entry, I’ve listed all the Ecology regulations now moving through the pipeline.

Washington House Republicans credited Rep. Ed Orcutt, R-Kalama, with coming up with the idea of suspending state regulations. In August, Orcutt sent a letter asking Gregoire to suspend all regulations except for those related to health emergencies and fishing and hunting seasons.
Continue reading