Environmental justice assessment notices

The purpose of this rulemaking effort is to implement new program requirements established under chapter 70A.555 RCW Batteries—Environmental Stewardship, which was passed by the state legislature in April 2023. The new law creates an extended producer responsibility program for recycling most types of batteries. Beginning January 1, 2027, battery producers are required to pay into a program that establishes a statewide network of battery collection sites that will provide opportunities for people to drop off batteries at no cost. These collection sites are to be accessible and convenient to overburdened communities identified by the department.
This program will increase opportunities for battery recycling throughout the state and will improve consistency of existing battery recycling programs in Washington. Ecology intends to provide battery stewardship organizations regulatory clarity so that the program is implemented equitably across Washington.

Ecology will develop and follow a formal communication plan focused on connecting with overburdened communities and vulnerable populations in Washington. The department recognizes that all residents of Washington State, regardless of socio-economic factors, should have a say in the rules and regulations that affect them. Ecology will allow for all communities and individuals to provide valuable insights, feedback, and ideas regarding implementation of the law but will focus engagement efforts particularly on identified overburdened communities. Once Ecology has identified an overburdened community or vulnerable population, staff will connect with existing community groups wherever possible to utilize connections already established within that community. Staff also plan to use varied communications channels including virtual meetings, public hearings, and other targeted education and outreach to inform communities about the issues and impacts of the Battery Stewardship Program. Ecology will accept public comments during a formal comment period and multiple public hearings, the details of which will be shared on the rulemaking website and distributed to the email list for the rule in mid-2025.

To provide grants to non-profit organizations including, but not limited to, religious nonprofits, “by and for” organizations, or cultural community centers, to fund the physical security or repair of such institutions.

Advisory Groups, Email comments, Listening Sessions (as host), Social Media, Stakeholder Interviews and Surveys

The Department wants to add Cottage Food Operations into the public health system. This will help us direct our food safety and community engagement efforts with those who want to sell food prepared in home kitchens.

food.safety@doh.wa.gov

The proposed action is to provide the City of Lynden with $18,394,140 of loan funding to improve the municipal wastewater treatment plant, including upgrading the oxidation ditches to a Modified Ludzack-Ettinger (MLE) biological treatment system, constructing a new blower building, and modifying a suite of other systems within the plant.
These retrofits will improve nutrient removal to meet new water quality permit requirements and increase treatment capacity to accommodate anticipated economic growth in the area.
The project location is the Lynden Wastewater Treatment Plant at 800 South 6th Street, Lynden, Washington.
Anticipated benefits from this loan offer include:
• Improved water quality in the Nooksack River and continued benefits to communities that use the Nooksack River, a tributary of Bellingham Bay, part of the Puget Sound.
• Reduced nutrient pollution discharging from wastewater into the Nooksack River.
• Increased treatment capacity for anticipated population growth over the next 20 years.
• Greater energy efficiency in the wastewater systems.

Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, beginning in April 2024 to assess the environmental justice of this loan offer. Ecology conducted public engagement in February and March of 2024, with an online webinar and public comment period. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Ecology will identify additional opportunities to engage overburdened communities in Whatcom County and provide opportunities for their meaningful involvement in this funding decision. Ecology will invite Tribal consultation with impacted tribes, including but not limited to Nooksack, Lummi, Swinomish, Upper Skagit, and Tulalip Tribes. Ecology will engage in consultation in formats that are requested by the tribes and which create opportunities for their meaningful involvement in this funding decision. Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov with any comments or questions.

The purpose of this action is to provide the City of Washougal with $22,564,700 in loan funding to construct infrastructure updates at the municipality’s wastewater treatment plant including a new biological selector, new biosolids management facilities, and odor control facilities.
These upgrades are needed to increase the facility’s capacity to process wastewater and address operational issues that have impeded the plant’s ability to meet permit requirements and respond to odor nuisances.
The loan project is located at the City of Washougal Wastewater Treatment Plant, 3900 SE Lewis and Clark Hwy, Washougal, WA.
Anticipated benefits from the improvements made with this loan include:
• Meeting many permit provisions and regulatory requirements.
• Implementing operations and maintenance best management practices outlined in engineering reports and permits to avoid future environmental and water quality impacts.
• Replacing the existing lagoons with a mechanical thickening and dewatering process to achieve groundwater and wetland protections.
• Future decommissioning of the existing lagoons to open several acres of publicly owned land for reuse.
• Lowering biosolids treatment and disposal costs.
• Resolving odor issues.
• Increasing wastewater treatment capacity, allowing for continued growth in the City.

Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, for the purpose of the environmental justice assessment of this loan offer beginning in April 2024. Ecology conducted public engagement in February and March of 2024, with an online webinar and public comment period. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Ecology will identify additional opportunities to engage overburdened communities in Clark County and provide opportunities for their meaningful involvement in this funding decision. Ecology will also invite tribal consultation with impacted tribes which includes but may not be limited to the Yakama Nation and Cowlitz Indian Tribe. Ecology will engage in consultation in formats that are requested by the tribes and that create opportunities for their meaningful involvement in this funding decision.

This Agency Request Legislation would direct the Department of Enterprise Services to establish a new memorial for fallen firefighters on the Capitol Campus.

DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives.

Agency Request Legislation to amend RCW 4.24.210, the Recreational Immunity Statute, to give DNR the authority to charge fees for recreation permits, issued for organized recreation or educational activities. If successful, this statutory authority will provide DNR the ability to develop a fee structure for recreation permits, which will allow the program to pursue administrative cost recovery and will provide the certainty needed for the future development of an agency Commercial Recreation Policy.

DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. If we are successful in getting this agency request legislation passed, we will complete a thorough outreach process with community members as we develop a fee structure and commercial recreation policy. We will look to our internal Environmental Justice Office for guidance on this work.

This Agency Request Legislation would establish a Smokey Bear license plate that would be available for purchase in October 2024. Revenue from Smokey Bear License plates would be devoted to wildfire prevention programs administered by the Department of Natural Resources (DNR). This would be the agency’s first license plate, the state’s only license plate for wildfire prevention, and is the symbol of support for wildland fire fighters.

DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives.

This Agency Request Legislation expands the definition of “Common School”, currently limited to K-12, to include early care and education. This allows for the construction and maintenance of early care and education facilities at public schools with revenue from DNR’s Common School Construction Fund. The Office of Superintendent of Public Instruction (OSPI) will have the authority and discretion to allocate the proceeds received by the sale of timber or otherwise generated by state lands. A separate new capital gains tax now provides enough funding for K-12 school construction; this is proposed legislation is complementary and addresses an unfunded need.

DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. OSPI will also convene a committee of early learning facilities experts to advise the prioritization methodology of applications for projects; members will include representatives from the Department of Children, Youth, and Families, Department of Commerce, one of the State’s educational Service Districts, the Washington State Housing Finance Commission, and the early learner facilities stakeholder group.

This Agency Request Legislation adds a new section to RCW 82.29A to create a leasehold excise tax (LET) exemption for leases on public land used for the placement of newly constructed affordable housing. Currently, the LET fee is 12.84% of the lease rate. This exemption is intended to incentivize developers to build affordable housing on leased DNR land. The exemption applies to the land and the length of exemption depends on the following conditions: A 12-year LET exemption if the lessee commits to renting or selling at least 20% of units as affordable to low and moderate-income households; A 20-year LET exemption if the lessee commits to renting or selling at least 25% of units as affordable to low and moderate-income households.

The purpose of this tax exemption is to provide housing for low-and-moderate income households, many of which include people from overburdened communities and vulnerable populations. Any formal contract for housing development would include agencies that represent these communities and support inclusion of their voices and lived experience in the creation of the housing units.

Revising RCW 79.13 to allow for DNR to lease assets as well as land and modernize publication/advertisement language.

No plan has been made at this time.