Environmental justice assessment notices

Three changes to bring RCW language in line with implementation needs, including coordinated updates to statutes to improve clarity and consistency:

1. Clarify the definition of Permanent Supportive Housing (PSH)

2. Align definitions of “shelter” across RCWs

3. Add a definition of “imminently homeless” to RCW 43.185C

Advisory groups, focus groups, and surveys

Amend RCW 59.18.040 to include emergency shelters (including non-congregate emergency shelter) from the exempted living arrangements of the Residential Landlord-Tenant Act

Advisory groups, web-based comment form, surveys

In order to ensure there is consistency with best practices in serving homeless youth and efficiency in delivering OHY programming, Commerce proposes amending the following statutes:

RCW 43.63A.305 to include transitional housing as an eligible activity for the Independent Youth Housing Program and eliminate the 12% cap on administrative cost.

RCW 43.185C.315 and RCW 43.185C.010 to replace the derogatory term “Street Youth” in statute and replace it with the term “unaccompanied homeless youth” which has the same functional definition.

RCW 43.330.710 to clarify that OHY programs for young adults may provide services to emancipated minors who otherwise meet program eligibility criteria.

The definition of HOPE Centers in RCW 74.15.020 to align with the definition of HOPE Centers outlined in RCW 43.185C.010 clarifying that youth remain for 90 days.

RCW 74.15.020 to require Host Homes to notify OHY upon registering with the secretary of state.

RCW 43.330.726 to clarify that eligibility for Community Support Teams services extends to youth seeking shelter, as well as the roles and responsibilities of CST convening entities when a parent, guardian, or legal custodian objects to the support or assistance of the CST;

RCW 43.185C.280 and RCW 43.185C.285 to clarify that Crisis Residential Center administrators should notify parents unless a compelling reason exists not to, as defined in RCW 13.32A.082.

RCW 43.330.710 to add flexible financial assistance as an allowable cost of all OHY programs where a youth or young adult may need discrete support or funding to secure safe housing and such flexible funding may be paid directly to youth OR third-party vendors, such as landlords, in order to secure safe and stable housing.

RCW 43.330.702 to expand the definition of “child,” “juvenile,” “youth,” and “minor” to include homeless young adults under age 21 who are in transitional living programs at the time they reach the age of 18 for the purposes of licensing requirements for group care facilities under 74.15 RCW and not under any other statute or for any other purpose.

RCW 43.330.702 to clarify that emancipated minors are considered young adults for the purposes of eligibility for OHY programs which serve young adults.

RCW 43.330.724 to reauthorize the Housing Stability for Youth in Courts Program

Advisory groups, committee meetings, web-based comment form, surveys

Commerce complies with dozens of legislative reporting requirements every year. Many of the reports: have due dates that don’t align with the availability of the information needed for the report; were the priority of a previous Governor but not the current Governor; or would better serve communities as updates on the Commerce website rather than as a legislative report. Commerce staff can strengthen communities by spending less time on reporting requirements and more time doing the work to implement programs in the communities.

This ARL will help us address this by streamlining the reporting workload for program staff, freeing them up to do more impactful work in and with communities. As part of the ARL process, we will review our current list of statutorily-required legislative reports and create a list of see which reports can be eliminated or changed to the more efficient website publication process. That list will be the focus of this ARL and will lead to changes in the relevant reporting statutes. The changes will free up program staff to do more programmatic work. It will save money from reducing the need to hire third-party contractors to write the report for us, when we don’t have staff available to write them. It also lessens the amount of time and money that usually goes into editing those third-party reports.

We will be having conversations with the Gov’s office, OFM, other state agencies, local governments, and the legislature to best determine which reports make sense to repeal or amend. Once the list is complete, we will present it at a HEAL Community Involvement Session for review and comments by interested community members. We will also accept emailed comments.

Amend RCW 43.185C to modernize and streamline the statute. The key changes include:

– Replacing outdated terminology to ensure language reflects current understanding and values around homelessness and equity.

– Aligning timelines for the State Homeless Housing Strategic Plan and the Annual Report to reduce redundancy and improve strategic coherence.

– Removing obsolete statutory requirements that are no longer operational or relevant to current systems or funding streams

Surveys, web-based comments form

Port Electrification Competitive Grant program for the 2023-2025 biennium, in the amount of $26,500,000. This grant funding was appropriated from the carbon emissions reduction account (established in the Climate Commitment Act) in the biennium transportation budget (“Rail – Program Y – Capital”). See ESHB 1125.SL and ESHB 2134.SL for details. Eligibility includes all public ports.

Because the grant program’s catchment area includes public port districts across the state, public comment is not limited to a specific geographic area. A public-facing website was developed to describe the grant program and provide an email address for the public to submit comments. This website was made public on January 30, 2024. It was updated on April 4, 2024 to include information for ports to submit their applications. We also met with the Washington Public Ports Association to inform ports about the program and encourage potential applicants to conduct local community engagement activities as they develop their projects. Community engagement is included in the scoring criteria that will be used to evaluate applications.

Ecology is beginning a rulemaking to amend five Instream Flow Rules in Water Resource Inventory Areas (WRIAs) 7 (Snohomish), 8 (Cedar-Sammamish), 13 (Deschutes), 14 (Kennedy-Goldsborough), and 15 (Kitsap), as required by law (RCW 90.94.030(3)(h)). The law requires Ecology to initiate rulemaking within 6 months of Ecology adopting the Watershed Restoration plans developed under chapter 90.94 RCW, which were adopted December 17, 2024.

Ecology’s intent is to start rulemaking in June 2025, and the goal of this amendment is to incorporate recommendations from the Watershed Restoration Plans, incorporate statutory requirements from RCW 90.94.030(4) into rule, harmonize the rule language, and make minor technical corrections.

When the rule announcement is filed (that same day), GovDelivery e-mails will be sent to our email lists with information about the rule, and a prompt for a future public meeting and listening session to be expected this summer. Feedback received from the public may influence draft rule language. Ecology will conduct public outreach with a focus on people from overburdened communities and vulnerable populations in the watersheds impacted by this rule amendment. Outreach will include information about the rule, opportunities to provide comment, and invitation to reach out directly to the rule lead for information and/or questions. Ecology will share this rulemaking information and links to webpages and resources at Washington Resources Advisory Committee (WRAC) meetings shortly after filing the CR-101. Additionally, cities and counties within WRIAs 7, 8, 13, 14 and 15 will be informed of the rulemaking via email once the CR-101 is filed. Ecology will also reach out to Washington Association of Cities and Counties with information and resources to email to their constituents. Ecology will reach out individually to Tribes with reservations or usual and accustomed areas within the impacted watersheds in advance of the rule announcement. When the rule announcement is filed, a notice will be sent to Statewide Tribal chairs and natural resource directors with an invitation for government-to-government consultation. After the rule language is announced (CR-102), Ecology will host a public hearing and formal comment period.

This project will build a stormwater treatment facility beneath the north end of the I-5 Ship Canal Bridge. Stormwater runoff is the leading source of pollution in the Puget Sound and nearby waterways, impacting the health of communities, ecosystems, and wildlife. This facility will capture, carry, and clean stormwater runoff from I-5 by removing harmful pollutants, including 6PPD, a chemical used in tires that is toxic to salmon, before the water flows into the ship canal.

To be determined.

Ecology has initiated state rulemaking to establish a new permitting program for projects that could alter or impact state waters. We are responsible for protecting Washington waters, including wetlands and streams, under the 1945 state Water Pollution Control Act, the 1972 state Shoreline Management Act, and 1990 state Growth Management Act. We are using our long-standing authority under the state Water Pollution Control Act to add a new chapter, 173-217, to the Washington Administrative Code to establish a formal “State Waters Alteration Permit” program within Ecology. To protect state waters and process authorizations more effectively, permits issued through the new program will also outline the measures proponents must take to avoid, minimize and offset the adverse environmental impacts their projects pose to water quality and aquatic habitats.

Currently, we issue administrative orders under the Water Pollution Contract Act to authorize projects seeking to alter or impact state waters. While administrative orders protect the environment, the process lacks public notice opportunities and timeline obligations for issuing decisions. A new state permitting program would replace the current administrative order process and provide positive customer service benefits by:

– Providing better clarity and predictability about our actions and requirements.
– Creating general permits to streamline approvals for projects with minor impacts.
– Establishing opportunities for public review.
– Setting mitigation requirements for projects.

Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the purpose of the environmental justice assessment of this rulemaking. In doing so, we will focus on engaging with the communities and populations most likely to be impacted by projects or permit requirements. Broader public engagement for this rulemaking is anticipated throughout 2025 with a formal comment period in Summer 2026. Public meetings will be held virtually, in person, or both (depending on the need), during which time we will open the floor for Q&A and informal comments from the public. Ecology welcomes oral comments during public hearings(s), electronically submitted comments, and comments submitted by mail related to the Environmental Justice Assessment for this rulemaking. We will share details about engagement opportunities and resources on our website and through our email distribution list. More information will be provided on our webpage as the rulemaking further develops.

Install subterranean and submarine power cable from Seattle City Light vault 5 at Pier 48 to Colman Dock slips 1 and 3. Complete construction of the trestle SW corner, install shoreside battery energy storage system and vessel charging system.

WSFelectrification@WSDOT.WA.GOV

Install underground power cable from the Bainbridge Island Murden Cove Puget Sound Energy (PSE) substation approximately 2.5 miles within State Route (SR) 305 right of way to metering and distribution equipment at the holding lanes, and then to a vessel charging system at terminal trestle slip 1.

WSFelectrification@WSDOT.WA.GOV