Environmental justice assessment notices

Legislation to exempt affordable housing units (those affordable to households at 60% of the Area Median Income or lower) from property taxes. This would include a simple, fair calculation to help exempt units in buildings that have mixed affordability limits.

Advisory groups, web-based comments, surveys

RCW 70A.35 (Low-Income Residential Weatherization Program) is outdated and restrictive.

As of 2016, the state weatherization program is no longer a matchmaker program, where state funds are matched dollar-for-dollar based on utility contributions. The state weatherization program is now Weatherization Plus Health, which is funded out of the capital budget. The state and utilities now fund weatherization separately via local agencies (Community Action Partnership agencies, municipalities, tribes).

Currently, the state weatherization program can only serve projects that involve whole-home weatherization and is limited to serving low-income households. Updating this policy and increasing its flexibility support Commerce and the ED’s goals to serve more overburdened communities (from a community approach) with less friction and more efficiencies.

We first recommend updating the outdated matchmaker program language to the current Residential Weatherization program language. This will increase compliance as the RCW has not been updated in years, and the program has evolved significantly.

Low-income verification is required for local agencies to use federal dollars. Local agencies typically use federal and state dollars together on projects. As such, we recommend maintaining this low-income verification process, but also recommend adding categorical eligibility (e.g., OFM Overburdened Communities Map). Additionally, we propose allowing both partial (some measures) and whole-home weatherization (all cost-effective measures that apply). This will allow us to serve more communities (e.g., weatherizing homes in an at-risk neighborhood with scalable measures and without having to income qualify all residents). This also may make it easier for agencies to work with utilities and the state, as if the state reduces barriers, the utilities will likely follow suit.

These updates will benefit Washington residents, weatherization providers (local agencies), utilities, other state agencies, and other Commerce programs.

With new staff across Commerce, the current federal and state landscape, increased state investment in weatherization, and the fact that this policy has been outdated for many years, it is pertinent to accurately reflect this legacy program to grow it.

As we encounter new programs and pilots from other state agencies, utilities, and Commerce, and increased community need, there is a greater opportunity to run new, more flexible, innovative, and scalable weatherization programs.

Public comment open for draft EJA: https://deptofcommerce.box.com/shared/static/ddst08sww7mtxc5fx47mpublklbeguio.pdf.

Advisory Groups

Expand RCW 36.22.250 Section 5 to include up to 50% AMI for Permanent Supportive Housing in rural areas.

Advisory groups, surveys

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

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