Drinking Water State Revolving Fund (SRF) Loan Program

What's Happening?

We are considering permanent changes to Chapter 246-296 WAC to implement RCW 70A.125.160, the Federal Safe Drinking Water Act, and to conform to the federal Bipartisan Infrastructure Law (BIL). These changes would:

• Amend definition of “disadvantaged community,"
• Amend loan terms to allow for partial or full loan forgiveness,
• Remove the requirement for a current department-approved water system plan or small water system management plan to apply for lead service line identification or replacement, and,
• Amend or remove project requirements and priority rating and ranking criteria.

To date we have:

• Filed a CR-101: Proposal Statement of Inquiry on May 3, 2023, to consider permanent rule changes to chapter 246-296 WAC;
• Published an environmental justice notice;
• Held three public listening sessions on the rulemaking;
• Held one listening session with tribal leaders and partners about the rulemaking;
• Held workshops during water industry conferences;
• Filed a CR-102: Proposed Rule Making on May 17, 2024, to propose rule amendments to incorporate federal requirements of BIL; and
• Completed an Environmental Justice Assessment.

Why?

The rulemaking is necessary to allow additional disadvantaged and non-disadvantaged communities to qualify for principal forgiveness of an SRF loan in conformance with the requirements under BIL. The intent of the rulemaking is to protect public health by broadening the types of infrastructure improvements that would qualify for SRF loans, in addition to traditional funding uses such as replacing aging infrastructure, installing treatment to remove regulated contaminants, restructuring failing water systems, and responding to public health emergency events.

Public Hearing

The department has scheduled a public hearing to receive public testimony on June 25, 2024, at 1:00PM. The hearing will be hybrid so individuals may participate in person or virtually.

The in-person hearing will be held at:

Department of Health
Town Center 2, Rooms 166/167
111 Israel Road SE
Tumwater, WA. 98501

Virtual participation requires registration. After registering, you will receive a confirmation email containing information about joining the webinar.

If you wish to submit written formal comments about this rulemaking you may submit them by close of business on June 25, 2024, to:

U.S. Postal Service
Washington State Department of Health
C/O Nina Helpling- EPH OAS
PO Box 47820
Olympia, WA 98504-7824

E-Mail
drinkingwaterrule@doh.wa.gov

Agency Rules Comment Page

Please note that all comments received, whether by email or online, virtually, or in-person will be given the same consideration. We encourage you to comment in a manner that is most convenient for you.

Rules Documents (in PDF format)

• CR-102: Proposed Rule Making
• Bipartisan Infrastructure Law
• DWSRF Rule Language
• Significant Analysis
• Environmental Justice Assessment

More information about Environmental Justice Assessments can be found on the department’s Environmental Justice website.

Rulemaking Files

To ensure that the department remains in conformance with the requirements of BIL while the permanent rule is being considered, emergency rules will need to be adopted for the 2022 and 2023 SRF loan cycles. Emergency rules remain in effect until the awarded construction loans are funded by the department.

Get Involved

Sign up for updates.

Contacts

• Nina Helpling, Rules Coordinator
• Chris Pettit, Drinking Water State Revolving Fund Manager