WSR 25-23-112
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 25-10—Filed November 19, 2025, 8:20 a.m.]
Subject of Possible Rule Making: Chapter 173-316 WAC, Food center grant programs. The department of ecology (ecology) is conducting rule making to establish new grant programs under the Washington Center for Sustainable Food Management (food center). The rule will establish participant and project eligibility, additional grant eligibility, and reporting criteria. Ecology will also establish specific criteria to ensure grant recipients will help implement use food well Washington plan recommendations, such as funding staff and infrastructure to improve the donated food supply cold chain.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW
70A.207.040 Grant programs—Diversion of organic materials, and
70A.207.050 Grant programs—Eligible recipients.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2024 the state legislature passed HB [E2SHB] 2301, which requires ecology to develop and administer new grant programs through the food center. These grant programs will support activities that reduce emissions from landfills and waste-to-energy facilities through organic material diversion and food waste prevention, rescue, and recovery.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Ecology is coordinating with several state agencies to ensure alignment with existing programs and regulations. The Washington state department of agriculture regulates food safety and administers hunger relief and food infrastructure programs, helping ensure safe handling and storage of donated food. The office of superintendent of public instruction oversees school nutrition programs and food distribution, ensuring donated food initiatives align with school food service rules. The Washington state department of commerce supports infrastructure development and has evaluated food waste systems, providing input on funding priorities. The Washington state department of health regulates food safety and public health standards, particularly for donated and perishable foods. The Washington state department of social and health services manages nutrition assistance programs and helps ensure that food recovery efforts reach vulnerable populations. Ecology is also considering guidance from federal agencies such as the United States Department of Agriculture, Food Drug Administration, and Environmental Protection Agency to align with national food safety, donation, and waste reduction standards.
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter
34.05 RCW).
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Chris Fredley, Department of Ecology, Solid Waste Management Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 564-233-1615, Washington relay service or TTY call 711 or 877-833-6341, email FCGrantRules@ecy.wa.gov, website https://ecology.wa.gov/regulations-permits/laws-rules-rulemaking/rulemaking/wac-173-316 or subscribe to receive email updates on this rule making at https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WAECY_134.
Additional comments: Interested parties can stay informed about the rule making and public involvement opportunities as described above. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.
Ecology will conduct an environmental justice assessment in accordance with RCW
70A.02.060 as a part of this rule making.
November 5, 2025
Peter Lyon, Program Manager
Solid Waste Management