WSR 19-20-003
PERMANENT RULES
DEPARTMENT OF LICENSING
[Filed September 18, 2019, 2:02 p.m., effective October 19, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Adding a new section to chapter 308-96A WAC will allow the department to create definitions for the types of electric, hybrid and alternative fuel vehicles for the purposes of implementing EHB [E2SHB] 2042 passed during the 2019 legislative session.
Citation of Rules Affected by this Order: New WAC 308-96A-138.
Statutory Authority for Adoption: RCW 46.01.110, 46.16A.220.
Adopted under notice filed as WSR 19-15-132 on July 23, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 18, 2019.
Damon Monroe
Rules Coordinator
NEW SECTION
WAC 308-96A-138Electric, hybrid and clean alternative fuel vehicles—Definitions and fees.
(1) The definitions in this section are created for the purposes of assessing licensing fees in section 23, chapter 287, Laws of 2019.
(a) "Clean alternative fuel" means electricity, dimethyl ether, hydrogen, methane, natural gas, liquefied natural gas, compressed natural gas, or propane.
(b) "Electric" means at least one method of propulsion that is capable of being reenergized by an external source of electricity and capable of traveling at least thirty miles using only battery power and can reach a speed of at least thirty-five miles per hour.
(c) "Hybrid" means two or more power sources or fuel types and has the capability to drive at a speed of more than thirty-five miles per hour. This definition excludes vehicles that are considered electric or plug-in hybrid.
(2) Will an electric vehicle be assessed the fee in section 23(1), chapter 287, Laws of 2019 in addition to the fees described in RCW 46.17.323? Yes.
(3) Will an electric vehicle be assessed the fee in section 23(2), chapter 287, Laws of 2019 in addition to the fees described in RCW 46.17.323? No.
(4) Will a hybrid or clean alternative fuel vehicle be assessed the fee in RCW 46.17.323 in addition to the fees described in section 23, chapter 287, Laws of 2019? No. These vehicles are only subject to the electrification fee in section 23(2), chapter 287, Laws of 2019.