Rules filed October 22, 2024

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The Department of Labor & Industries (L&I) updated its rulemaking website

Rules filed October 22, 2024

For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar.

Division: Field Services and Public Safety (Factory Assembled Structures)

Topic: Adoption (CR-103) – Factory Assembled Structures (FAS) Fees Increase (FY25)

Brief Description: The purpose of this rulemaking is to amend the Factory Assembled Structures (FAS) rules to increase fees by the fiscal growth factor rate of 6.40%. The fee increase is the maximum allowed by the state Office of Financial Management for fiscal year 2025. A fee increase is needed to cover the operating expenses of the FAS Program. The FAS Program’s current fee levels are insufficient to cover current expenses. The increase will ensure that revenues match expenditures.

Effective date: January 1, 2025

Additional information about this rulemaking:
CR-103 Adoption
Adoption Language
Concise Explanatory Statement (CES)

Division: Field Services and Public Safety (Boiler Program)

Topic: Preproposal (CR-101) – Boiler Rule: Pool Heater Definition & Fee Increases (FY26)

Brief Description: The purpose of this rulemaking is to consider amendments to the boiler rule under chapter 296-104 WAC, Board of Boiler Rules – Substantive. The amendments would affect the fees and definitions for boilers and pressure vessels. The amendments under consideration would increase fees by the fiscal growth factor for boiler and pressure vessel inspections and other Boiler Program services. The fee increases are needed to cover increased operating expenses and ensure the Programs’ revenues cover expenditures. The amendments would also modify the definition of pool heaters to clarify the inspection requirements.

Additional information about this rulemaking:
CR-101 Preproposal

Division: Field Services and Public Safety (Contractor Registration Program)

Topic: Preproposal (CR-101) – Contractor Registration Fees Increase (FY26)

Brief Description: The purpose of this rulemaking is to consider amendments to the Contractor Registration fees under WAC 296-200A-900. The changes under consideration would increase fees by the fiscal growth factor to cover operating expenses for L&I’s Contractor Registration Program. The current fee levels are insufficient to cover current Program expenses. The fee increase is necessary to ensure that revenues match expenditures.

Additional information about this rulemaking:
CR-101 Preproposal

Division: Insurance Services (Health Services Analysis)

Topic: Proposal (CR-102) – Physician Assistant Billing Procedure (repeal)

Brief Description: The purpose of this rulemaking is to repeal WAC 296-20-12501 under Chapter 296-20 WAC. WAC 296-20-12501 requires physician assistants to be paid at 90% of the value listed in the fee schedule for services they perform. This change will allow L&I to pay physician assistants at parity with other providers. The pay differential in rule was put in place when physician assistants were exclusively supervised by other providers. Due to the passage of Engrossed Substitute House Bill 2041 (ESHB 2041), Chapter 62, Laws of 2024, physician assistants may now practice autonomously in collaborative agreements. Therefore, it no longer makes sense to pay them less than other providers who practice independently.

Public hearing date: December 4, 2024 (Virtual/Telephonic)
Written comments due by: December 4, 2024, 5:00 p.m.
Intended adoption date: January 21, 2025

Additional information about this rulemaking:
CR-102 Proposal
Proposal Language
Preliminary Cost Benefit Analysis (CBA)

Division: Insurance Services (Legal Services)

Topic: Proposal (CR-102) – Pension Discount Rate 2025

Brief Description: The purpose of this rulemaking is to lower the pension discount rate (PDR) under WAC 296-14-8810 to better align with the rate of return for long-term treasuries for self-insured pensions. The PDR is the interest rate used to account for the time value money when evaluating the present value of future pension payments. This rule proposes to lower the PDR for self-insured employers from 5.5% to 5.4% effective April 1, 2025. These reductions allow our financial statements to more accurately reflect our liabilities and overall financial position, and are consistent with recommendations from our annual independent actuarial review of our rate making.

Public hearing date: December 5, 2024 (Virtual/Telephonic)
Written comments due by: December 5, 2024, 5:00 p.m.
Intended adoption date: January 21, 2025

Additional information about this rulemaking:
CR-102 Proposal
Proposal Language


Washington State Department of Labor & Industries · 7273 Linderson Way SW · Tumwater WA 98501