You are here

Home » Budget » Budget-related information » Agency activities » Environmental justice assessment notices

Environmental justice assessment notices

The Healthy Environment for All Act (HEAL Act) requires specific state agencies to conduct an environmental justice assessment for significant agency actions.

  • The development and adoption of significant legislative rules as defined in RCW 34.05.328.
  • The development and adoption of any new grant or loan program that the agency is explicitly authorized or required by statute to implement.
  • A capital project, grant, or loan award costing at least $12,000,000.
  • A transportation project, grant, or loan costing at least $15,000,000.
  • The submission of agency request legislation to the Office of the Governor or OFM for approval.

An environmental justice assessment is a process to:

  • identify and assess the impacts of a significant agency action on overburdened communities, vulnerable populations, and Tribes;
  • solicit community and tribal input in the development of the action and on options to mitigate, reduce or eliminate harms and equitably distribute benefits associated with the action;
  • report on how the agency did or did not modify the action based upon community and tribal input.

The goal of an EJ assessment is to help a state agency make decisions and to assist with:

  • equitably distributing environmental benefits;
  • reducing environmental harms;
  • identifying and reducing environmental and health disparities through the implementation of the action.

Agencies covered by the HEAL Act or who have opted in to the HEAL Act requirements include these departments:

  • Agriculture (WSDA)
  • Commerce
  • Ecology
  • Health (DOH)
  • Natural Resources (DNR)
  • Transportation (WSDOT)
  • Office of the Attorney General
  • Puget Sound Partnership (PSP)

Under RCW 70A.02.090 each covered agency must file a notice with us of significant agency actions for which the agency is initiating an environmental justice assessment. We prepare a list of all filings received from covered agencies each week to post here every Friday.

Below is list of state agency environmental justice assessments that you can filter by agency or type of action, or use the search bar to find certains terms. Select the "+" symbol for desciptions of the action, how the public can provide input, and a link to the EJ assessment when completed.

Date submittedsort descending Date initiated Date completed Agency Type Agency action Description Methods for providing public comment Published EJ assessment
07/21/2023 07/18/2023 Ongoing Puget Sound Partnership Capital project, grant, or loan award of at least $12 million PSAR Large Capital Grant Round Request for Proposals The Puget Sound Acquisition and Restoration large capital grant round is requesting 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. Community engagement will follow our agency's draft community engagement and tribal engagement policies. The Salmon Team with guidance from our Environmental Justice Team plans to schedule outreach opportunities, offer tribal consultation, and provide an online public comment form to collect responses.
08/01/2023 08/01/2023 05/20/2024 Health, Department of Significant legislative rules Drinking Water State Revolving Fund Program Rulemaking 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...) 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). EJ Assessment Report: Chapter 246-296 WAC a Rule Concerning Drinking Water State Revolving Fund Loan Program
08/25/2023 08/01/2023 03/04/2024 Agriculture, Department of Agency-request legislation Agricultural Pest and Disease Revolving Funds 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. An Environmental Justice Assessment of the Establishment of an Agricultural Pest & Disease Revolving Fund
08/25/2023 08/01/2023 09/13/2023 Agriculture, Department of Agency-request legislation Private Cannabis Lab Accreditation Transition from Ecology to WSDA 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. An Environmental Justice Assessment of Transferring the Authority to Accredit Cannabis Labs from ECY to WSDAs
09/08/2023 08/31/2023 11/28/2023 Commerce, Department of Agency-request legislation Buy Clean and Buy Fair 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. Buy Clean and Buy Fair Legislation
09/12/2023 09/12/2023 Ongoing Ecology, Department of Significant legislative rules Cap-and-Invest Offsets Rulemaking (Chapter 173-446 WAC) 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=WA... . Please contact Nikki Harris at nikki.harris@ecy.wa.gov for comments or questions.
09/13/2023 09/13/2023 11/28/2023 Commerce, Department of Agency-request legislation Repealing the greenhouse gas content calculation requirement in RCW 19.405.070 This bill repeals a statute enacted in 2019 that requires that electric utilities submit to Commerce a calculation of the greenhouse gas content of the electricity they supply to their customers. This report is unnecessary because more complete and stringent reporting requirements were enacted by the Legislature in 2021. This bill would not result in any positive or negative environmental or health outcomes for communities in Washington and is therefore found to not be SAA. The public may provide comments during committee public hearings in the legislative session, but Commerce does not plan to conduct additional outreach. Repealing the greenhouse gas content calculation requirement in RCW 19.405.070
09/13/2023 08/31/2023 Ongoing Ecology, Department of Agency-request legislation Dredge-and-fill permit program Ecology is proposing legislation that would direct the agency to establish a permit program and grant authorization to consider a fee for a “dredge-and-fill” permit that is being developed in response to the recent Supreme Court decision in Sackett v. Environmental Protection Agency The public may comment at any time by visiting the agency webpage below. The Department will also host two public listening sessions on this agency request legislation on October 5, 2023, at 3:00 pm and 5:30 pm. More information on the listening session is located on the agency webpage.
09/14/2023 09/14/2023 Ongoing Ecology, Department of New grant or loan program Water Security Drought Grant Initiative Ecology is developing a new pilot grant initiative focused on local water security preparedness and planning in the context of drought. In 2024, Ecology will make $1.8 million available statewide via competitive grants for Tribes and local applicants to plan for future water security. These plans will identify the specific actions, and associated costs and timeframes, a local community intends to take to increase its water supply security as it faces the burden of intensifying severity and expanding drought conditions as our climate continues to change. While designed to benefit all members of a given local community, this water security grant program will prioritize the water security for Federally recognized Tribal governments, overburdened communities, and vulnerable populations. Ecology invites comments and questions from people in overburdened communities and vulnerable populations, including water systems that include overburdened and vulnerable members of that community. Information about the EJ Assessment and the grant program are available on the program website. Members of the public can direct their comments to Caroline Mellor, Water Resources HEAL ACT lead at Caroline.Mellor@ecy.wa.gov.
10/18/2023 09/26/2023 Ongoing Commerce, Department of New grant or loan program WA Electric Vehicle Charging Program Given the mission is simple: to reduce emissions, improve air quality and promote equitable access to electric vehicle charging infrastructure. The program offers $64 million in awards for organizations installing EV chargers at certain sites, with a focus on multifamily housing, publicly available charging and tribal locations. The Washington Electric Vehicle Charging Program helps fund infrastructure that supports clean transportation in communities across Washington. We're reducing transportation emissions, improving air quality, and ensuring EV charging access for all. This new grant program includes program design, project initiation, outreach and technical assistance to the community, award selection, and project implementation to reach the goal of facilitating the installation of at least 200 direct current fast charging (DCFC) ports and 2,000 Level 2 (L2) charging ports across Washington. Throughout the community engagement, outreach, and technical assistance process, public comment and feedback is being collected with a focus on assessing opportunities, barriers, and mitigation suggestions by participants and the community. EJA OPEN FOR PUBLIC COMMENT AT LINK BELOW Electric Vehicle Infrastructure Grant Program
10/19/2023 09/19/2023 Ongoing Commerce, Department of New grant or loan program Transit Oriented Development of Affordable Housing - Match Program Grant program to provide funding for housing projects with a minimum affordable component. Project eligibility is heavily prescribed in terms of size (minimum 100 units) and location (maximum distances from "rapid transit corridors"). The location element effectively restricts potential project sites to a very limited number of locations - almost exclusively in the Seattle-to-Tacoma region. The form of assistance to be provided is also dictated. Projects must include private funding - though no match level (e.g. 1:1, 1:4) is specified. Notification of SAA, with a draft implementation plan, was provided via GovDelivery. A specific email address has been established for stakeholder comment; this email address was provided in the GovDelivery message. A brief survey covering major points of the draft plan was created; a link to this was also included in the GovDelivery message. A public webinar describing the draft plan and providing an opportunity for public comment to be recorded has been scheduled for 10/23; this was announced via the GovDelivery message and posted to the Commerce website. Moving forward, Commerce will act through its Outreach unit to engage potentially affected communities directly.
10/19/2023 10/19/2023 01/14/2024 Ecology, Department of Agency-request legislation Carbon market linkage changes The Department of Ecology is considering proposing legislation that would modify the Cap-and-Invest Program to allow linking the Washington’s carbon market with the joint California-Quebec market, creating a single shared market. A legislative proposal will only be put forward for consideration if Ecology’s Director decides to pursue linkage. Parts of the law that might be proposed to be amended include, but are not limited to, changes to purchase limits, auction application timelines, and other provisions The public may comment at any time by visiting the agency webpage below. The Department will also host two public listening sessions on this agency request legislation on Wednesday, Oct. 25, at 5 p.m and Thursday, Oct. 26, at 9 a.m. More information on the listening session is located on the agency webpage. Cap-and-Invest Program Agency Request Legislation
11/01/2023 11/01/2023 Ongoing Ecology, Department of Significant legislative rules Rulemaking announcement: Amending Emergency Drought Relief, 173-166 WAC Ecology is beginning a rulemaking to amend Chapter 173-166 WAC to streamline administration of emergency drought funding when a drought is declared. As droughts become more common with a changing climate, an updated drought rule will provide increased efficiency and transparency of emergency drought relief when a drought is declared. With the establishment of a permanent source of funding, an update to the rule will help streamline the process to distribute funding upon a drought declaration. This statewide rule amendment is also intended to consider options to integrate equity strategies into emergency drought funding distribution procedures, including considerations identified under the Healthy Environment for All Act. Eligible entities for emergency drought funding are (according to law, RCW 43.83B). • Federally recognized Tribes • Counties, cities, and towns • Water and sewer districts • Public utility districts • Port districts • Conservation districts • Irrigation districts • Watershed management partnerships Ecology plans to conduct engagement for this assessment in late winter and early spring 2024 that focuses on assessing impacts to overburdened communities and vulnerable populations, alongside the rulemaking engagement. This will likely include virtual meetings, online public comments, and outreach with community-based organizations, including agricultural related. As Ecology plans out engagement opportunities for this assessment, they will be posted at the link below at the water resources program email list (https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA...).
11/09/2023 11/09/2023 Ongoing Puget Sound Partnership Other Science Work Plan for 2025-2029 The Puget Sound Partnership is developing the Science Work Plan (SWP) for 2025-2029. In this plan the Partnership’s Science Panel will identify and prioritize science work actions and make broader recommendations to improve science in support of Puget Sound recovery. The SWP for 2025-2029 should be adopted by the Leadership Council no later than December 2024 so that it can be used to guide the solicitation of Puget Sound Scientific Research projects for the 2025-2027 biennium. The public may comment at any time by sending a message to the staff contact identified on the agency webpage below. The Partnership will discuss this project at Science Panel meetings in December 2023 and throughout 2024. During early phases of plan development, January through March 2024, the Partnership will engage with Tribes and community-based organizations to hear their perspectives on science (information) needs and ways to improve science support of Puget Sound recovery. The Partnership anticipates inviting formal Tribal government to government consultations prior to formal adoption of the final Plan.
11/16/2023 11/16/2023 Ongoing Health, Department of Significant legislative rules Private Detention Facilities Rule Making The Department of Health (DOH) is conducting an environmental justice assessment for rulemaking related to Chapter 70.395 RCW, which allows DOH to investigate complaints and perform health and safety inspections in private detention facilities. This is to ensure facilities meet safety and hygiene standards and provide safe conditions for people being detained. The Office of the Assistant Secretary (OAS) has participated in listening sessions with several advocacy groups and shared information regarding private detention facility rulemaking activities. OAS has created a program webpage (https://doh.wa.gov/about-us/executive-offices/prevention-safety-and-heal...) where the public can learn about rulemaking steps including upcoming listening sessions, anticipated time frames when the public can participate in multiple workgroup sessions to draft rule language, and timeframes for the informal proposed rule public comment period. Interested parties can e-mail comments directly to: privatedetentionfacilites@doh.wa.gov.
11/20/2023 09/26/2023 Ongoing Commerce, Department of New grant or loan program Grants to Community-Based Organizations to Support Participation in Local Planning The department shall establish funding levels for grants to community-based organizations for the specific purpose of advancing participation of vulnerable populations and overburdened communities in the planning process during the GMA periodic update cycle. Commerce will send out a GovDelivery email to elicit comments via email and a web-based comment form.
11/20/2023 11/20/2023 Ongoing Natural Resources, Department of Agency-request legislation Tribal Interlocal Agreements This Significant Agency Action is Agency Request Legislation (ARL). This ARL amends RCWs 7.84.140 and 43.12.065 to authorize the Commissioner of Public Lands to enter into collaborative law enforcement agreements with federally recognized Tribes. This ARL does not require DNR or any federally recognized Tribe to enter into such an agreement. Comments may be submitted to DNR's Legislative Affairs team (legsession@dnr.wa.gov). Technical questions may be directed to the DNR Deputy Chief Operating Officer (leonard.young@dnr.wa.gov, 360-628-4200).
11/22/2023 11/22/2023 Ongoing Ecology, Department of Significant legislative rules Rulemaking to amend chapter 173-305 WAC Hazardous Waste Fee Regulation The Washington State Department of Ecology (Ecology) plans to amend chapter 173-305 WAC, Hazardous Waste Fee Regulation. This rulemaking will focus on clarifying how we implement the Hazardous Waste Fee Regulation, including the Hazardous Waste Planning Fee (planning fee). We will also make updates throughout the chapter to reflect new statutory references and improve clarity. The planning fee does not clarify how we calculate the fee for an individual waste stream that designates as both dangerous waste (DW) and extremely hazardous waste (EHW). This rulemaking will clarify how we calculate the planning fee for this type of waste stream. It will also better explain how we implement chapter 173-305 WAC by making the current language concise and easier to understand. Improved clarity in this rule may help communities and individuals navigate complex administrative processes. In addition, clear and concise rules facilitate better compliance, streamline efficiency to government services, and enhance trust in the fairness of the regulations. Before we adopt the new rule, we plan to offer our stakeholders and the public at large an opportunity to participate in the rulemaking process by holding a formal public comment period. For the purposes of this assessment, we plan to follow a strategic outreach plan specifically directed at engaging communities located in areas characterized as overburdened using existing data and resources. The rulemaking webpage will be updated to incorporate upcoming opportunities and methods to communicate with us before the rule is formally adopted. The public may also email us directly by sending comments to the resource mailbox, hwfeerule@ecy.wa.gov. In May 2023, we held two informational webinars during which we described the purpose of this rulemaking and asked for initial feedback on this rule amendment.
11/28/2023 09/01/2023 Ongoing Commerce, Department of Agency-request legislation Solar Consumer Protections This legislative proposal would establish solar consumer protections in statute. Commerce has developed this proposal after hearing about an increase in problematic sales and installation practices of distributed solar energy systems. The proposal focuses on contracts between solar energy contractors and residential or commercial property owners. The language would establish required contract provisions to make customers aware of what services they will and will not receive. The contract provisions would be enforceable in a legal proceeding or under RCW 19.86 (the Consumer Protection Act). Commerce held a public workshop on the proposal on September 27, 2023 to share information and collect input. This fall, Commerce's Energy Division has been hosting meetings around the state on a potential statewide energy bill assistance program. At those meetings, we are sharing a fact sheet on the solar consumer protections legislative proposal and information on how to provide input. Commerce is continuing to accept public input through this smartsheet form: https://tinyurl.com/solarleg.
11/28/2023 09/01/2023 Ongoing Commerce, Department of Agency-request legislation Promoting equitable economic and technological advancement through the Clean Energy Fund This legislative proposal would codify the Clean Energy Fund as a permanent program at the Department of Commerce and establish the central principles and rules of the program. The Clean Energy Fund (CEF) was established as a Governor Inslee initiative in 2013 and has been championed by his administration. It is critical to establish permanence for this program so that it can continue to provide the investments needed to accelerate Washington’s transition to clean energy and ensure that all communities are able to participate in and benefit from this transition. CEF not only catalyzes the development of new technologies needed to reduce greenhouse gas emissions but it also enables adaptation of these technologies to suit the different needs and conditions of communities throughout the state. The Legislature has provided biennial funding for investments through the CEF which has resulted in a reincarnation of the program every two years. Establishing the CEF program in statute creates continuity, establishes clear objectives for a permanent program, and enables the program to be responsive to policy, market transformation and local needs. It also signals the Legislature's enduring commitment to partner with communities to achieve a clean, affordable, resilient and just energy future. The Department of Commerce seeks regular feedback and community input on how we design and implement Clean Energy Fund (CEF) grant opportunities. This includes workshops on funding opportunities and regular engagement with entities participating in and interested in applying to CEF. In 2020, an Energy and Climate Advisory Committee was convened to evaluate how CEF could be improved and made more accessible. Many of the recommendations of the Committee's report have been incorporated into this proposal. Most recently, the Department of Commerce issued a Request for Information this fall on how to implement the latest round of funding under the Clean Energy Fund. Commerce's overarching goal is to ensure that access to CEF funds is equitable and that implementation of CEF reduces burdens that can prevent communities from participating in clean energy innovation. Notably, the proposed legislative language would require Commerce to give priority to applications for projects that benefit vulnerable populations and overburdened communities.
11/28/2023 10/23/2023 Ongoing Commerce, Department of New grant or loan program Electric Vehicle Incentive Program (Phase 1 – Design) Design multi-phase incentives program mechanisms to increase EV adoption. Early phases of the program will be focused on point-of-sale rebates. Community Meetings, email comments, stakeholder Interviews, web-based comment form.
11/29/2023 09/15/2023 Ongoing Commerce, Department of New grant or loan program Grant: Coordinating Low-Income Housing Planning Commerce is initiating a new grant program ($500,000) to support t coordination of land use planning and homeless service planning to better plan for our state’s housing needs as both disciplines update their planning documents for the future over the next two years. Given the planning focus of the grant and the statewide reach of the grant, our outreach involved contacting key representatives in each county (land use planners and homeless service entities) to get feedback on the grant through an online survey (https://app.smartsheet.com/b/form/80941850449144d491d23ee70281ca9b). The survey opened on 11/13/23 and will be open through 12/1/23. In addition to the survey, we conducted a listening session on Nov. 20th advertised to all those who received the survey. With this feedback, we will tailor both the grant parameters and the award prioritization criteria.
12/04/2023 09/19/2023 Ongoing Commerce, Department of Agency-request legislation Clarifying, updating and modifying office of homeless youth prevention and protection statutes This is Department of Commerce, Housing Division, agency request legislation related to several technical clarifications that are needed in RCWs to improve the administration of Office of Homeless Youth (OHY) grant programs. The current RCW language presents barriers to the successful implementation of OHY programs or contributes to a lack of clarity about OHY's roles and responsibilities. The requested changes originated from requests from community providers and lived experts. Community engagement on these technical fixes already took place, with the changes being developed in consultation with Office of Homeless Youth advisory groups and stakeholders. Since these are small technical fixes, we don't anticipate future concerns from stakeholders. We don't anticipate any impacts on Tribal Nations or lands.
12/05/2023 12/05/2023 Ongoing Commerce, Department of Agency-request legislation Changing the incentive structure for tier 1 buildings This proposed Agency Request Legislation would change the authorizing language for the Clean Buildings Early Adopter Incentive Program. This incentive program, authorized in 2019, offers $75M in incentives to Tier 1 buildings owners who bring their buildings into compliance. This ARL would remove the 85 cent cap per square foot and allow Commerce to have more flexibility in establishing an appropriate incentive. This would allow Commerce to offer an incentive greater than 85 cents per square foot and offer enhanced incentives for buildings which meet a number of important criteria (ex. The building meets an equity criteria). This represents a small change in the authorizing language for the program, which has now been active for four years. Public comment will be accepted at buildings@commerce.wa.gov
12/07/2023 08/25/2023 Ongoing Commerce, Department of New grant or loan program Grants to Community Based Organizations to Support Participation in Local Planning The Department of Commerce shall establish a grant program for community-based organizations for the specific purpose of advancing participation of vulnerable populations and overburdened communities in the planning process during the GMA periodic update cycle. The department will send GovDelivery emails and create a web-based comment form and accept comments via email or phone.
12/08/2023 12/08/2023 Ongoing Ecology, Department of Significant legislative rules Safer Products for Washington Cycle 1.5 Rulemaking The Washington State Department of Ecology (Ecology) is starting a rulemaking to revise the Safer Products Restrictions and Reporting rule—Chapter 173-337 WAC—aiming to reduce PFAS in consumer products. Ecology plans to conduct this rulemaking to: • Reduce the use of priority chemicals in priority consumer products. • Revise Chapter 173-337 WAC in accordance with the regulatory actions outlined in the Regulatory Determinations Report to the Legislature that Ecology will submit by June 1, 2024. Under the authority of Chapter 70A.350 RCW, Ecology may restrict the manufacture, sale, and distribution of a chemical in a product, or require manufacturers to report the use of a chemical in a product. In this rulemaking, Ecology may create reporting requirements or restrictions that apply to the use of PFAS in product categories such as: • Apparel and gear. o Apparel examples include athleticwear, rainwear, school uniforms, clothing for everyday use, undergarments (reusable baby diapers and period underwear), hats, scarves, gloves, shoes, outerwear for mountaineering, outerwear for whitewater kayaking, and commercial fishing bibs for offshore fishing. o Gear examples include backpacks, sleeping bags, umbrellas, camping furniture, and climbing rope. • Cleaning products, including products to wash automobiles and boats. • Cookware and kitchen supplies. o Examples include frying pans, cooking pots, rice cookers, waffle makers, griddles, bakeware, and reusable baking liners. • Firefighting PPE (personal protective equipment). • Hard surface sealants. o Examples include sealants applied to hard porous surfaces like stone, unglazed tile, concrete, and wood. They can be used for interior and exterior applications. • Waxes and polishes, including products for floors, automobiles, skis, and snowboards. PFAS are a group of toxic chemicals that are very persistent in the environment. Most people living in the United States have PFAS in their blood. People are exposed through food, drinking water, and products with PFAS. As products are created, used, and disposed, exposure can occur: • Directly from items such as apparel, cleaning products, and cookware. • Indirectly from the environment—through the air we breathe, water we drink, and food we eat. Ecology plans to develop rules that could: • Reduce the use of PFAS in products by restricting PFAS when Ecology identifies safer, feasible, and available alternatives. This will help: o Reduce consumers’ and workers’ exposure to PFAS. o Reduce the amount of PFAS entering the environment. • Increase product ingredient transparency. Get involved in this rulemaking by: • Sharing feedback on the Cycle 1.5 Draft Regulatory Determinations Report. The comment period is open now and closes at 11:59 p.m. PST on January 12, 2024. • Signing up for email announcements. • Attending webinars. Our next webinars will occur on December 13 and 14, 2023. See our interested parties webpage for more information. • Contacting Stacey Callaway at stacey.callaway@ecy.wa.gov or 360-584-5661. As we schedule additional opportunities to provide feedback and participate in workshops, we will share details on our webpages and via our email list. We anticipate: • Developing draft rule requirements in the summer of 2024. • Sharing a preliminary draft rule, providing a public comment period, and hosting webinars in the fall of 2024. • Proposing a formal draft rule, providing a public comment period, and hosting hearings, in the summer of 2025. • Adopting the revised rule by December 1, 2025.
12/18/2023 12/18/2023 Ongoing Ecology, Department of Significant legislative rules Clean Fuels Program Rulemaking (Amendments to 173-424 WAC) Ecology is considering amendments to Chapter 173-424 WAC, Clean Fuels Program Rule. The rule aims to reduce the life-cycle greenhouse gas emissions per unit energy, or carbon intensity (CI), of transportation fuels used in Washington. This rulemaking is to align the Clean Fuel Standard (CFS) with Engrossed Substitute Senate Bill 5447 (ESSB 5447), which was signed into law on May 3, 2023. The law promotes the production and use of low-carbon alternative jet fuels, which are more commonly referred to as sustainable aviation fuels (SAF), in Washington. Ecology’s rulemaking will comply with ESSB 5447 by updating the date at which SAF pathway applications can be submitted for CFS credit generation. SAF reduces emissions from aviation, which has been identified as one of the most difficult transportation sectors to decarbonize. Lowering aviation emissions will also improve air quality and reduce health burdens on people living near airports and airport workers. Additionally, the rulemaking may consider the following changes to strengthen/streamline the CFS program: • Establishing requirements for a third-party verification program for fuel pathways and data reports submitted by program participants. • Establishing standards to encourage the production of low carbon intensity sustainable aviation fuels (SAF) production. • Amending/refining the compliance and enforcement process for the CFS program. • Updating the rule language to improve clarity and readability, align the rule with guidance documents, correct errors, and make miscellaneous improvements to program implementation. • Updating book-and-claim accounting requirements for electricity and biomethane. • Harmonizing the rule with Oregon and/or California low carbon or clean fuel program requirements. Ecology is not considering amending the other main components of the program, including annual carbon intensity standards, the Tier 2 WA-GREET model, and land use change factors. Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, for the purpose of the environmental justice assessment of this rule. Engagement will begin in early 2024 and will include virtual public meetings, comment periods, and other targeted outreach, details of which will be shared on our rulemaking website and email distribution list. Please contact Adam Saul at adam.saul@ecy.wa.gov with any comments or questions.
01/10/2024 12/04/2023 Ongoing Agriculture, Department of Significant legislative rules Aligning general pesticide rules with federal certification and training standards Amends chapter 16-228 WAC, General Pesticide Rules, to align with SB 5330 (Chapter 186, Laws of 2023), the federal certification and training standards in 40 CFR 171 passed in 2017, and the Washington Plan for Certification of Pesticide Applicators approved by the Environmental Protection Agency in December 2022. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment.
01/11/2024 05/01/2023 Ongoing Commerce, Department of Significant legislative rules Updating Housing WACs This project involves updating the Washington Administrative Codes to implement 17 pieces of legislation recently adopted that change portions of the Growth Management Act with many actions intended to make housing more affordable and accessible to people of all income levels. The burden of complying with these rules falls upon municipalities and the changes will be directly relevant to individuals in cities and counties required to implement new housing policies. These rule changes do not apply to Native American Tribes. We have an email list of interested parties numbering almost 200. We update and communicate through this list, as well as through our online portal. We intend to have two virtual public listening sessions once a full draft is available. We will accept public feedback at these listening sessions and online and will have a 30-to-60-day comment period. A public hearing is also required as part of the Rulemaking process.
01/12/2024 01/08/2024 Ongoing Agriculture, Department of Significant legislative rules Aligning electric vehicle supply equipment rules with federal technical requirements Amends chapter 16-662 WAC, Weights and Measures, to align with the Federal Highway Administration's National Electric Vehicle Infrastructure program's technical requirements for electric vehicle supply equipment payment methods. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment.
01/18/2024 01/18/2024 Ongoing Ecology, Department of Significant legislative rules Chapters 173-400 and 173-401 WAC, General Regulations for Air Pollution Sources Chapter 173-400 WAC (General Regulations for Air Pollution Sources). This chapter establishes standards and rules to control and prevent pollution from air contaminant sources. The rulemaking will involve updating references to an Ecology technical manual used in source testing and certification. Chapter 173-401 WAC (Operating Permit Regulation). This chapter establishes Washington’s air operating permit program to comply with Title V of the Clean Air Act (CAA). Rule amendments to this chapter are needed to remain in alignment with federal regulations and fix an incorrect reference. Ecology plans to conduct public engagement, with outreach focused on people from overburdened communities and vulnerable populations, for the purpose of developing the environmental justice assessment for this rule. We plan to hold informal stakeholder meetings during the rule development period where members of the public are invited to ask questions and provide comment. Meeting information will be provided via Ecology’s website and “Air Quality Rule and SIP Updates” email distribution list. We will hold also public hearing and comment period following rule proposal, which is expected in September 2024. Please contact Adam Saul at adam.saul@ecy.wa.gov with any comments or questions.
01/19/2024 12/26/2023 06/03/2024 Commerce, Department of New grant or loan program Grant funding to protect and improve water quality and salmon recovery through smart growth planning Provide funding to local governments and tribes to revise their comprehensive plans and development regulations to better integrate stormwater and salmon recovery work in local jurisdiction's plans and programs. Email comments, GovDelivery emails, listening sessions Grants to local governments and tribes to incorporate salmon recovery into local planning efforts
01/22/2024 12/29/2023 Ongoing Commerce, Department of Significant legislative rules Updates to Growth Management Administrative Rules for Climate Change Planning Growth Management Services is updating Washington Administrative Codes to reflect recent legislation (HB 1181 - 2023 legislative session) regarding requirements for cities and counties to develop a climate change element within their comprehensive plans. A CR 101 has been submitted and was noticed January 19, 2024 to launch these efforts. Commerce conducts a monthly state agency advisory group and is forming city/county planner and other stakeholder input groups with special emphasis on overburdened communities and vulnerable populations. Commerce will host community 'listening sessions' to review drafts and also welcomes email comments and phone calls. Commerce communicates with stakeholders via GovDelivery emails, planner newsletters, conferences and tribal meetings.
01/25/2024 01/22/2024 Ongoing Commerce, Department of New grant or loan program 23-25 Combined Renewable Energy Programming Energy Programs in Communities (EPIC) (Energy Division) will be running a combined, single application RFA for multiple programs in January 2024, five of which are brand new programs requiring an EJA: Hard to Decarbonize Sectors Grants, Clean Energy Siting and Permitting Grants, Large Scale Solar Innovation, Dual Use Solar Pilot Grants, Solar + Storage for Community Facilities, Community Solar + Storage for Low Income Grants. This combined EJA will focus on these provisos and their respective EJ concerns. A 30 day public comment period as well as a virtual public listening session for further comment.
01/30/2024 01/30/2024 Ongoing Commerce, Department of New grant or loan program State Home Electrification and Appliance Rebates Program Commerce will provide grants to eligible third-party administrators to administer rebate programs for high-efficiency electric equipment and appliances, with a focus on rebate programs for low- and moderate-income households, small businesses, and adult family homes. The HEAR Program is providing grants in four tracks of funding: Local Government Programs, Tribal Electrification, Adult Family Homes, and LMI Residential Programs. A survey for households and small businesses is posted and open on the program website. Tribal listening sessions will be held in February - April 2024 time frame. When the Request for Applications is developed, Commerce will post the draft to the website for a public comment period.
02/01/2024 02/01/2024 Ongoing Health, Department of Agency-request legislation Potential Legislative Changes- Chapter 70.90 RCW The Washington State Department of Health (department) is conducting an Environmental Justice Assessment on potential agency legislative action for 2025. The department is considering a bill to amend chapter 70.90 RCW which regulates water recreation facilities. The proposed amendments would align state law with the federal Centers for Disease Control and Prevention (CDC)’s Model Aquatic Health Code (MAHC) standards. The MAHC is based on the latest science and water recreation best practices. Proposed amendments to chapter 70.90 RCW will be posted on our webpage below and sent out via email to interested parties for their review. Comments on proposed amendments can be sent to waterrecreation@doh.wa.gov. Visit our website for more information on how to get involved.
02/06/2024 01/08/2024 Ongoing Commerce, Department of New grant or loan program State Home Energy Assistance Program State appropriation provided solely for the department to administer grant funding through the existing network of federal low-income home energy assistance program grantees to provide low-income households with energy utility bill assistance. Under the grant program, each household accessing energy bill assistance must be offered an energy assessment that includes determining the household's need for clean cooling and heating system upgrades that improve safety and efficiency while meeting Washington's climate goals. Virtual meetings and post plan to website for review
02/06/2024 01/01/2024 07/19/2024 Agriculture, Department of Significant legislative rules Japanese Beetle Quarantine Expansion Amends and expands the Japanese beetle quarantine to include additional portions of Yakima and Benton Counties, as well as a portion within the city Pasco. Soil samples will be added to the list of regulated articles, and a clarification will be made that cut flowers exposed to open air environments are a regulated article. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. An Environmental Justice Assessment Of the 2024 Japanese Beetle Quarantine Expansion
02/08/2024 01/01/2024 Ongoing Puget Sound Partnership Other 2026-2030 Action Agenda for Puget Sound The Puget Sound Partnership is required to regularly develop and update an Action Agenda for Puget Sound. The Action Agenda outlines our region’s collective vision for a healthy and resilient Puget Sound and describes what we must achieve, how we will achieve it, and how we will hold ourselves accountable to ensure we make progress. The Action Agenda fulfills the Partnership's statutory mandate and purpose of the Clean Water Act's National Estuary Program (NEP), which guides millions of dollars of federal funding to the most beneficial projects and programs. The Action Agenda outlines strategies and actions that describe the work we must do to make progress toward our desired outcomes for Puget Sound recovery: Protect and restore habitat and habitat-forming processes; Protect and improve water quality; Protect the food web and imperiled species; Prevent the worst effects of climate change; and ensure human wellbeing. The Action Agenda provides opportunities for federal, tribal, state, local, and private partners to better invest resources and coordinate action. Partnership staff plan to engage overburdened communities and vulnerable populations around the content in the Action Agenda through direct, community-based communication and outreach. Feedback from these communities will be reviewed and considered as much as is practicable as the Partnership refines and updates the 2026-2030 Action Agenda. Recognizing some community members may not be familiar with the Action Agenda, Partnership staff will provide an overview of the Partnership and Action Agenda, outline clear expectations of how feedback will be used, and ask high-level and open-ended questions about Puget Sound recovery. Staff will provide various ways for community members to provide feedback, including surveys, interactive co-creation activities, one-on-one conversations at community events and neighborhood meetings, agency-hosted workshops and symposia, and meetings with our Community Advisory Council. The Partnership will assess language, cultural, and accessibility needs when engaging with community members. The Partnership will also report back to community members about how and why their feedback was or was not used.
02/08/2024 10/02/2023 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million SR 525 Mukilteo Bridge over Railroad – Bridge Replacement The existing SR 525 bridge overcrossing the railroad in the city of Mukilteo is functionally obsolete and does not meet the multimodal traffic and active transportation needs for accessing the new ferry terminal. The intended Significant Agency Action includes constructing a new bridge and updating channelization of the roadway to improve bridge integrity, roadway continuity, and roadway capacity. Online open house, listening sessions, workshops
02/08/2024 07/27/2023 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million I-90 Judkins Park Station – Reconnecting Communities The goal of the I-90/Judkins Park Station – Reconnecting Communities Study is to recommend changes to the WSDOT I-90 ramps at Rainier Avenue South to improve the safe travel of all modes, especially safe access to the JPS Link station via transit transfer, walk and roll. Online open house, listening sessions, workshops
03/04/2024 07/01/2023 Ongoing Commerce, Department of New grant or loan program Transit Oriented Development of Affordable Housing - Match Program Competitively awarded funding, managed by Commerce's Multifamily Housing Unit (MHU), for Transit Oriented Affordable Housing development. The language of the budget (ESSB 5200, Section 1022) laid out very specific parameters regarding both size and location of projects. As written, projects must be no smaller than 100 units in size, and must be located within 1/2 mile of light or commuter rail, or within 1/4 mile of bus rapid transit. this creates a very limited area in which projects can be sited (principally along the I-5 or I-405 corridors in King County), and effectively requires a high level of development experience from any interested organization, or partnership with a consultant that brings such experience. An SAA was published to Commerce's webpage on 9/13/2023, and a public forum was held via Zoom in October of 2023. while the public forum's primary concern was to confirm Commerce's understanding of the budget language and articulate its plans for implementation, space was held for discussion concerning Environmental Justice considerations. MHU is working with Commerce's internal Environmental Justice workgroup to explore additional pathways to involve communities.
03/05/2024 03/05/2024 Ongoing Ecology, Department of New grant or loan program Landfill Methane Emission Reduction Grant Owners and operators of Municipal Solid Waste (MSW) Landfills in Washington must meet new requirements (RCW 70A.540) to reduce emission of methane gas, a potent greenhouse gas emitted by landfills. Under the new law, MSW owners and operators may be required to improve technology and performance of current systems in place, such as installing gas collection and control equipment or upgrading current equipment, increase monitoring requirements as well as record keeping and reporting. The 2023-25 Washington State Budget includes $15 million to establish a grant program and help offset the cost for landfill owners and operators to meet the new requirements. Landfills are a significant source of methane emissions in Washington. Ecology’s most recent Greenhouse Gas inventory reported approximately 1.5 million tons of carbon dioxide equivalent emissions from landfills, which was approximately 2% of the state’s total GHG emissions in 2018. Additionally, methane has underlying cardiovascular, respiratory, and neurological implications. Communities adjacent to MSW landfills, especially those considered “overburdened,” may be concerned about the potential public health and additional downstream effects of uncontrolled methane emissions. While communities are not eligible entities, they Beginning in 2024, Ecology will conduct community engagement with overburdened communities on related air quality programs and funding opportunities. We are hoping to reduce redundancy for communities by trying to collaborate across teams for shared engagement activities for grants of similar kinds in the same program. Although specific events are yet to be planned, we are hoping to hear from communities through interviews, questionnaires, and community meetings to inform this grant program.
03/07/2024 12/18/2023 Ongoing Natural Resources, Department of Agency-request legislation Fallen Firefighters Memorial This Agency Request Legislation would direct the Department of Enterprise Services to establish a new memorial for fallen firefighters on the Capitol Campus. DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives.
03/07/2024 12/08/2023 Ongoing Natural Resources, Department of Agency-request legislation Commercial Use Fees Agency Request Legislation to amend RCW 4.24.210, the Recreational Immunity Statute, to give DNR the authority to charge fees for recreation permits, issued for organized recreation or educational activities. If successful, this statutory authority will provide DNR the ability to develop a fee structure for recreation permits, which will allow the program to pursue administrative cost recovery and will provide the certainty needed for the future development of an agency Commercial Recreation Policy. DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. If we are successful in getting this agency request legislation passed, we will complete a thorough outreach process with community members as we develop a fee structure and commercial recreation policy. We will look to our internal Environmental Justice Office for guidance on this work.
03/07/2024 12/08/2023 Ongoing Natural Resources, Department of Agency-request legislation Smokey Bear License Plate This Agency Request Legislation would establish a Smokey Bear license plate that would be available for purchase in October 2024. Revenue from Smokey Bear License plates would be devoted to wildfire prevention programs administered by the Department of Natural Resources (DNR). This would be the agency’s first license plate, the state’s only license plate for wildfire prevention, and is the symbol of support for wildland fire fighters. DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives.
03/07/2024 12/15/2023 Ongoing Natural Resources, Department of Agency-request legislation Early Learning Facilities This Agency Request Legislation expands the definition of “Common School”, currently limited to K-12, to include early care and education. This allows for the construction and maintenance of early care and education facilities at public schools with revenue from DNR’s Common School Construction Fund. The Office of Superintendent of Public Instruction (OSPI) will have the authority and discretion to allocate the proceeds received by the sale of timber or otherwise generated by state lands. A separate new capital gains tax now provides enough funding for K-12 school construction; this is proposed legislation is complementary and addresses an unfunded need. DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. OSPI will also convene a committee of early learning facilities experts to advise the prioritization methodology of applications for projects; members will include representatives from the Department of Children, Youth, and Families, Department of Commerce, one of the State’s educational Service Districts, the Washington State Housing Finance Commission, and the early learner facilities stakeholder group.
03/07/2024 12/18/2023 Ongoing Natural Resources, Department of Agency-request legislation Housing on Public Land This Agency Request Legislation adds a new section to RCW 82.29A to create a leasehold excise tax (LET) exemption for leases on public land used for the placement of newly constructed affordable housing. Currently, the LET fee is 12.84% of the lease rate. This exemption is intended to incentivize developers to build affordable housing on leased DNR land. The exemption applies to the land and the length of exemption depends on the following conditions: A 12-year LET exemption if the lessee commits to renting or selling at least 20% of units as affordable to low and moderate-income households; A 20-year LET exemption if the lessee commits to renting or selling at least 25% of units as affordable to low and moderate-income households. The purpose of this tax exemption is to provide housing for low-and-moderate income households, many of which include people from overburdened communities and vulnerable populations. Any formal contract for housing development would include agencies that represent these communities and support inclusion of their voices and lived experience in the creation of the housing units.
03/07/2024 12/18/2023 Ongoing Natural Resources, Department of Agency-request legislation Drought Mitigation Revising RCW 79.13 to allow for DNR to lease assets as well as land and modernize publication/advertisement language. No plan has been made at this time.
03/15/2024 02/02/2024 Ongoing Ecology, Department of Capital project, grant, or loan award of at least $12 million Water Quality Program draft loan offer to the City of Lynden for updated infrastructure at the municipality’s wastewater treatment plant. The proposed action is to provide the City of Lynden with $18,394,140 of loan funding to improve the municipal wastewater treatment plant, including upgrading the oxidation ditches to a Modified Ludzack-Ettinger (MLE) biological treatment system, constructing a new blower building, and modifying a suite of other systems within the plant. These retrofits will improve nutrient removal to meet new water quality permit requirements and increase treatment capacity to accommodate anticipated economic growth in the area. The project location is the Lynden Wastewater Treatment Plant at 800 South 6th Street, Lynden, Washington. Anticipated benefits from this loan offer include: • Improved water quality in the Nooksack River and continued benefits to communities that use the Nooksack River, a tributary of Bellingham Bay, part of the Puget Sound. • Reduced nutrient pollution discharging from wastewater into the Nooksack River. • Increased treatment capacity for anticipated population growth over the next 20 years. • Greater energy efficiency in the wastewater systems. Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, beginning in April 2024 to assess the environmental justice of this loan offer. Ecology conducted public engagement in February and March of 2024, with an online webinar and public comment period. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Ecology will identify additional opportunities to engage overburdened communities in Whatcom County and provide opportunities for their meaningful involvement in this funding decision. Ecology will invite Tribal consultation with impacted tribes, including but not limited to Nooksack, Lummi, Swinomish, Upper Skagit, and Tulalip Tribes. Ecology will engage in consultation in formats that are requested by the tribes and which create opportunities for their meaningful involvement in this funding decision. Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov with any comments or questions.

Pages

CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.