Environmental justice assessment notices

Ecology is considering amendments to Chapter 173-446 WAC to address new and revised cap and invest offset protocols. Offsets are projects or programs designed to reduce the amount of greenhouse gases (GHGs) in the atmosphere. In Washington’s cap-and-invest program, offset projects must also provide direct environmental benefits to our state. Offsets allow businesses to balance out the negative impacts of their emissions by funding a project that benefits the environment such as capturing methane on dairy farms or planting trees in urban areas. The scope of this rulemaking will include consideration of protocol updates or addition of new protocols to increase the potential variety of offset projects that can be developed within the cap-and-invest program, as directed by RCW 70A.65.170(4)(b). This statute directs Ecology to conduct rulemaking that ensures that any updates or additions to the offset program are both based in the best available science, and support the needs of landowners and communities in Washington state.

Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WAECY_301. Please contact Nikki Harris at nikki.harris@ecy.wa.gov for comments or questions.

This bill would address embodied carbon by requiring reporting on environmental and workforce impacts associated with the production of building materials used in state building construction projects. The key provisions in this bill include reporting on three categories of building materials (concrete, steel, and wood) used in covered projects, development of a database to track data, manage compliance, and promote transparency, and convening a technical work group to provide recommendations on future policy and program development.

Public comments for Buy Clean and Buy Fair can be directed to seep@commerce.wa.gov. The State Efficiency and Environmental Performance Office (SEEP) will work with the Community Engagement and Tribal Relations teams at Commerce to schedule virtual and in-person outreach and engagement opportunities. Additional details on outreach strategies are included in the environmental justice assessment for Buy Clean and Buy Fair.

This significant agency action establishes permanent funding to prepare for, prevent, detect, contain, and eradicate identified agricultural pest and disease threats before they become established and authorizes funding for WSDA to take immediate actions to build capacity, execute rapid response, and maintain trade resiliency.

Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly in communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment.

This significant agency action moves the authority to conduct lab accreditation of private cannabis laboratories from the Dept. of Ecology to WSDA.

Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly in any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment.

The Department of Health (DOH) is conducting an environmental justice assessment for rulemaking under the Drinking Water State Revolving Fund (DWSRF) program (Chapter 246-296 WAC). Through this rulemaking, we will determine qualifications for “disadvantaged community” status within this program. The DWSRF program supports safe and reliable drinking water by providing infrastructure loans, grants, and loan principal forgiveness for public water systems across Washington.

The DWSRF team has shared draft criteria and tools for identifying “disadvantaged communities” on the DWSRF website (https://doh.wa.gov/community-and-environment/drinking-water/water-system-assistance/drinking-water-state-revolving-fund-dwsrf) and comments can be sent to DWSRF@doh.wa.gov. We are also planning virtual and in-person community engagement events to take place from August 2023 – January 2024. After draft rule language is posted (anticipated April 2024), we will hold a 60-day formal public comment period (anticipated April – May 2024).

The Puget Sound Acquisition and Restoration large capital grant round requested proposals for projects that recover salmon and protect and recover salmon habitat in Puget Sound. The state legislature appropriates money for PSAR every 2 years in the Capital Budget. The projects selected and ranked on a Capital Projects list will be part of the Capital Budget request submitted for the 2025 Legislative session.

Community engagement followed our agency’s draft community engagement and tribal engagement policies. The Salmon Team with guidance from our Environmental Justice Team scheduled outreach opportunities, offered tribal consultation, and provided an online public comment form to collect responses.

The FFGWAP is designed for Washington community-based organizations, local government agencies, ports, housing authorities, tribes, businesses, and others eligible to receive Federal funds to prepare and submit grant applications, and to help Washington meet its clean electricity and greenhouse gas reduction goals using approaches that enhance equity, innovation, economic growth, and job creation.

This Agency Request Legislation will accomplish two things. First, to formally move the administration of the Digital Equity Forum to the Office of Equity. Second, we also plan to update WSBO goals in RCW 43.330.536 to better align with the current work in PWB, CERB and the SBO.

Ecology is leading an expedited rulemaking to reflect a 2024 amendment to the state’s floodplain management law (RCW 86.16) that occurred with the passage of Senate Bill 5649. Through this rulemaking, Ecology will make minor changes to Chapter 173-158 WAC. The new rule will make it possible for Ecology to issue a waiver that would allow some lower-risk homes located in FEMA-designated “floodways” to be structurally altered (for example, through home elevation) to make the homes safer from future flood events, as long as other requirements of the local land use authority (county, city, or town) are met. The current rules only allow Ecology to issue such a waiver to make these structural changes after a home has been damaged by flooding, not beforehand.

Under the state floodplain management law, owners of homes that are located fully or partially in a floodway are allowed to make structural changes to their home without seeking permission from Ecology, as long as the cost of those changes does not equal 50% or more of the home’s value. This impacts homes with different values in different ways. For example, if the average cost to elevate a home is $110,000, the owner of a $500,000 home would be able to elevate their home without triggering the 50% threshold; but the owner of a $200,000 home would have to seek a waiver from Ecology to take the exact same action. The change made to the law in 2024 was intended to address this, and the new rule is expected to make it more likely that lower value homes would be eligible for the waiver. The current rule applies statewide but only affects areas that currently have mapped FEMA floodways, and/or any future FEMA-mapped floodway. The new rule would apply to the same areas.

Rolling resistance of tires has a significant effect on the fuel efficiency of motor vehicles, and the sales of high rolling resistance replacement tires when low rolling resistance tire technology is in use by new vehicles costs the average gasoline vehicle driver the equivalent of approximately 50% of the state gas tax. Commerce is proposing new agency request legislation and related funding in the 25-27 Operating budget to create and implement energy efficiency standards for replacement tires.

Ecology is leading an expedited rulemaking to reflect a 2024 amendment to the state’s floodplain management law (RCW 86.16) that occurred with the passage of Senate Bill 5649. Through this rulemaking, Ecology will make minor changes to Chapter 173-158 WAC. The new rule will make it possible for Ecology to issue a waiver that would allow some lower-risk homes located in FEMA-designated “floodways” to be structurally altered (for example, through home elevation) to make the homes safer from future flood events, as long as other requirements of the local land use authority (county, city, or town) are met. The current rules only allow Ecology to issue such a waiver to make these structural changes after a home has been damaged by flooding, not beforehand.
The new rule is also expected to make it more likely that lower value homes would be eligible for the waiver. The current rule applies statewide, but only affects areas that currently have mapped FEMA floodways, and/or any future FEMA-mapped floodway. The new rule would apply to the same areas.