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.

What's a significant agency action?

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.

What's an environmental justice assessment?

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.

What agencies are covered by the HEAL Act?

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. For a dashboard summarizing the assessments received to date, see the HEAL Act dashboards.

Agency

Date submitted	Date initiated	Date completed	Agency	Type	Agency action	Description	Methods for providing public comment	Status
04/11/2024	04/11/2024	02/19/2025	Commerce, Department of	New grant or loan program	40101(d) Grid Resilience Grant Program	The EPIC Unit in the Energy Division is developing a new grant program for electric grid resilience projects across the state. This will be a competitive solicitation using funding awarded to Washington State by the Department of Energy (DOE) from DOE's 40101(d) Grid Resilience State/Tribal Formula Grant Program. The program intends to strengthen grid resilience through funding projects that reduce the frequency, duration, and/or impact of power outages.	The methods for which public comment can be provided for state agency consideration are still being determined. In a recent EJ Assessment, a written public comment period was opened, alongside a survey and a virtual feedback session. These options will be considered for this EJA. DRAFT EJA LINKED FOR PUBLIC COMMENT	Completed Washington’s 40101(d) Grid Resilience Funding
08/15/2024	08/15/2024	09/06/2024	Commerce, Department of	Agency-request legislation	Unlocking the Clean Building Incentive Program	The Clean Buildings Performance standard, passed in 2019 (HB 1257) and expanded in 2022 (SB 5722), sets first-in-nation energy efficiency standards for large buildings in the state. In the 2023 capital budget, the legislature directed Commerce to convene a workgroup to study the financial impacts for the standard’s largest buildings (also called Tier 1 buildings) to comply with the law. The workgroup, composed of representatives from across the Washington buildings sector, has convened for more than a year to identify barriers and opportunities for the Clean Buildings performance standard. The workgroup is developing a list of recommendations to help building owners be able to comply more easily with the statewide standard. This ARL will bring forward several of those legislatively-focused recommendations on increasing the options buildings can use to comply with the standard.	Public comments for this EJA can be submitted to buildings@commerce.wa.gov.	Completed Unlocking the Clean Building Incentive Program
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.	Ongoing
11/20/2023	09/26/2023	07/22/2024	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.	Completed Grants to Community-Based Organizations to Support Participation in Local Planning
07/25/2024	07/25/2024	09/25/2024	Commerce, Department of	Agency-request legislation	Change to Reentry Council Statute	ARL to request changes to the Washington State Reentry Council RCW to 1) allow for compensation for community members participating on the council for their lived experience, and 2) to expand the Council to include 2 additional representatives of people who are currently incarcerated.	Advisory Groups	Completed Reentry Council Changes - Agency Request Legislation
08/21/2024	08/21/2024	08/27/2024	Commerce, Department of	Agency-request legislation	Public Disclosure Protections for Energy Critical Infrastructure Information	Proposing a change to RCW 42.56 which would exclude critical infrastructure information (as defined by Federal law) from public disclosure. This would encourage utilities to report physical and cybersecurity threats and damage with the Energy Resilience & Emergency Management Office for coordination on response and restoration activities.	Stakeholder interviews Email comments submitted to eli.king@commerce.wa.gov	Completed Public Disclosure Protections for Energy Critical Infrastructure Information
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.	Completed Buy Clean and Buy Fair Legislation
06/24/2025	06/19/2025	Ongoing	Commerce, Department of	Agency-request legislation	Update Homeless Program Statutes	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	Ongoing
06/14/2024	06/14/2024	06/04/2025	Commerce, Department of	New grant or loan program	Home Rehabilitation Grant Program	Department of Commerce administered the Home Rehabilitation Loan Program (HRLP). In 2023 the Legislature passed substitute HB 1250, mandating Commerce to go through the rule process and convert HRLP from a loan program to a grant program.	Public comments may be sent to Commerce about the draft EJA: https://deptofcommerce.box.com/s/3zwj7r91bnhye0uqfnrvw42sei18k05b. Commerce will participate in a Tribal briefing, release a Request for Information and hold virtual stakeholder input meetings.	Completed Low-Income Home Rehabilitation Program
01/11/2024	05/01/2023	08/22/2024	Commerce, Department of	Significant legislative rules	Updates to Growth Management Administrative Rules for Housing	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.	Completed Updates to Growth Management Administrative Rules for Housing
07/25/2024	07/25/2024	09/23/2024	Commerce, Department of	Agency-request legislation	Victims of Crime Act Stabilization	OCVA’s most significant resources for crime victims in Washington is tied to federal funding associated with the Victims of Crime Victim’s Act (VOCA). Federal VOCA Assistance funds have been declining and, in response, the state has provided supplemental funds that will expire on June 30, 2025. We are anticipating a very severe “funding cliff” for WA state if both state supplemental funds go away and federal VOCA funds are reduced as projected. Washington state needs a sustainable solution to maintain VOCA infrastructure and ensure access to services for victims/survivors.	Advisory Groups Email comments Listening Sessions (as host) Surveys Draft EJA posted for public comment at the link below	Action did not move forward Victims of Crime Act (VOCA) Stabilization - Agency Request Legislation (ARL) N/A
04/30/2025	04/30/2025	Ongoing	Commerce, Department of	Significant legislative rules	Office of Behavioral Health Advocacy Program Rulemaking	RCW 71.40 Office of Behavioral Health Consumer Advocacy requires Commerce to conduct rulemaking activities for this chapter, including: (a) Establishing standards for the contracting advocacy organization to use when certifying behavioral health consumer advocates; (b) Establishing procedures consistent with chapter 202, Laws of 2021 for appropriate access by behavioral health consumer advocates to behavioral health providers or facilities; and (c) Establishing procedures consistent with RCW 71.40.140 to protect the confidentiality of the records of patients, residents, clients, providers, and complainants.	Rulemaking includes public meetings and hearings. Advisory groups; email comments; GovDelivery emails; Web-based comment form	Ongoing
03/19/2024	03/19/2024	08/01/2024	Commerce, Department of	New grant or loan program	Nonprofit and Religious Nonprofit Security Grant	To provide grants to non-profit organizations including, but not limited to, religious nonprofits, "by and for" organizations, or cultural community centers, to fund the physical security or repair of such institutions.	Advisory Groups, Email comments, Listening Sessions (as host), Social Media, Stakeholder Interviews and Surveys	Completed Nonprofit and Religious Nonprofit Security Grant
06/24/2025	06/19/2025	Ongoing	Commerce, Department of	Agency-request legislation	Affordable Housing Property Tax Excemption	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	Ongoing
08/26/2024	03/01/2024	10/02/2024	Commerce, Department of	Agency-request legislation	Establish a Clean Energy Development Office within Commerce	The Clean Energy Development Office would promote and support statewide clean energy planning (i.e., identify preferred areas for clean energy development and transmission corridors); develop incentives and other mechanisms to guide clean energy development to appropriate areas (tax policy, community benefits, zoning, workforce development, etc.); support transmission planning and interconnection to the grid; and manage a dashboard to track clean energy development and progress toward meeting clean energy goals. It would also lead Build- Ready development (modeled on a NY Program) that pre-permits sites and then auctions them to developers to reduce time and risk for clean energy projects.	The CEDO concept is an outgrowth of previous engagement work conducted for the Low Carbon Siting Study (2022) and an independent assessment required by HB 1216 (Beveridge & Diamond, 2024). The concept is also reflected in letters sent by a coalition of environmental organizations including TNC, Audubon and others. In addition, the concept is reflected in recommendations from the Clean Energy Siting Council, established under HB 1216, which includes representatives from the Governor’s Office of Indian Affairs and the Environmental Justice Council. Additional feedback will be sought from tribes and members of overburdened communities and vulnerable populations as this concept is developed. Commerce has been reaching out directly to stakeholders and fielding public comments.	Completed Establish a Clean Energy Development Office within Commerce
10/03/2024	04/01/2024	Ongoing	Commerce, Department of	New grant or loan program	Consolidated Permit Grant	Commerce was tasked by the Legislature with implementing a new grant program to cities and counties through the provisions of RCW 36.70B.240. An appropriation of $1.5 million dollars was designated for this grant program. This grant is intended to help jurisdictions consolidate various permit approval processes for individual projects into a unified and streamlined approach. This way a new development that needs perhaps a building permit, plumbing permit, grading permit, demolition permit, etc. can make one application for the project and all approvals will be processed concurrently reducing the approval time for new development.	Public comments were taken by the Legislature during adoption of SB 5290 which was codified as RCW 36.70B.240. A public meeting was held on May 1, 2024 for prospective applicants to review grant application requirements and answer questions.	Ongoing
06/24/2025	06/19/2025	Ongoing	Commerce, Department of	Agency-request legislation	Clarifying Exemption for emergency shelter in RTLA	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	Ongoing
09/10/2024	09/10/2024	Action did not move forward	Commerce, Department of	Agency-request legislation	Advance Payment for Small Organizations and Tribes	Proposing a new section in Chapter 43.330 RCW that allows Commerce to provide advance payment with small organizations and tribes. Payments would be no more than 25% of contract, or three months of projected contractual expenses, whichever is smaller. Commerce shall have risk mitigation strategy to ensure clarity and efficiency of fund disbursement. This ARL benefits communities by decreasing barriers to access funding which may improve health and wellbeing.	This ARL came from communities' and tribes' input over the course of several years. Reimbursement-based funding has continued to be a barrier for smaller entities to contract with Commerce. Once the EJA is posted, public comment can be sent via email to Kyle.Glitchell@commerce.wa.gov. Other methods are TBD.	Action did not move forward ARL did not move forward
10/03/2024	09/09/2024	04/28/2025	Commerce, Department of	New grant or loan program	Washington Federal Funding Grant Writing Technical Assistance Program	The $4.5M FFGWAP is designed for Washington community-based organizations, local government agencies, ports, housing authorities, tribes, businesses, and others eligible to receive Federal funds to prepare and submit grant applications, and to help Washington meet its clean electricity and greenhouse gas reduction goals using approaches that enhance equity, innovation, economic growth, and job creation.	Program information has been made public on the program web page, through a variety of webinars and presentations in the Fall of 2024, and through the HEAL dashboards here and on the Commerce website. Public comments were provided through surveys and webinar feedback. No comments were received during the EJA public comment period.	Completed Federal Fund Grant Writing Assistance Program (FFGWAP)
06/24/2025	06/19/2025	Ongoing	Commerce, Department of	Agency-request legislation	Residential Weatherization RCW Update	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.	Advisory Groups	Ongoing
08/29/2024	08/29/2024	Ongoing	Commerce, Department of	Agency-request legislation	Cannabis Technical Fix	The RCW 43.330.540 Section 1(ii) states “Cannabis licensees holding a license issued after April 1, 2023, and before July 1, 2024, who meet the social equity applicant criteria under RCW 69.50.335” we are expanding this to match the Bill 5080 to extend the timeline to 2032. In addition, we are expanding grantee recipients to include Research Stipends and Renewal Energy construction.	The program is based on the Social Equity Task Force. This Task Force will make recommendations to promote business ownership among individuals who have been disproportionately impacted by the war on drugs, in order to remedy the harms resulting from the enforcement of cannabis-related laws. The Task Force will work to center the voices of Black, Indigenous, and People of Color communities that have been most impacted by enforcement of cannabis-related laws.	Ongoing
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.	Completed Repealing the greenhouse gas content calculation requirement in RCW 19.405.070
06/24/2025	06/19/2025	Ongoing	Commerce, Department of	Agency-request legislation	Update youth homelessness program statutes	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	Ongoing
11/28/2023	09/01/2023	12/05/2023	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.	Completed Solar Consumer Protections
06/27/2024	05/30/2024	10/25/2024	Commerce, Department of	New grant or loan program	Washington Families Clean Energy Credits Grant Program	The Washington Families Clean Energy Credits Grant Program dedicates $150 million to assist low- and moderate-income households with the clean energy transition. This initiative will offer bill credits of $200 per income qualified household to eligible residential customers through their electric utility provider.The Department of Commerce will distribute grants to all utility companies in Washington, enabling them to pass on $200 bill credits to customer accounts by September 15, 2024.	March - September 2024: Community Meetings (as guest) Email comments OTHER Print Media Web-based comment form A call center may be supported and furnished with Commerce's administrative funding. However, this has not yet established in contract.	Completed WA Families Clean Energy Credits Grant Program
07/30/2024	05/10/2024	10/02/2024	Commerce, Department of	Agency-request legislation	Direct Cash Transfer for Youth Pilot Program	Agency Request Legislation with funds appropriated to implement a pilot program during 2025-2027 to give direct cash transfers to youth experiencing homelessness or housing instability	Currently, the funds passed during the 2023-2024 legislative session to contract and design a direct cash transfer program are being utilized to host a team of individuals with lived experience to host focus groups and decide how to design the pilot program. OHY has agreed that we can utilize the existing planned focus groups which will occur in late August to specifically ask about environmental justice and health in relation to the proposed program to utilize for the final EJA.	Completed Direct Cash Transfer for Youth Program ARL
08/30/2024	08/30/2024	10/25/2024	Commerce, Department of	Agency-request legislation	ARL - Increase ADO Funding & Update Governing Statute	Proposed bill addresses inequitable reporting requirements, provides equitable funding floors and ceilings, and addresses ADO match requirements that provide greater discretion to the agency to define.	Open meeting, written comment, and solicitation through ADO association.	Completed ARL - Increase ADO Funding & Update Governing Statute
10/10/2024	07/01/2024	Action did not move forward	Commerce, Department of	New grant or loan program	Clean Energy Ambassadors Program	Commerce is exploring a potential Clean Energy Ambassadors program that would offer education, planning, technical assistance, and community engagement across the state. If enacted, this program would offer funding for education, planning, technical assistance, and community engagement across the state to increase clean energy access for all and a just transition to a net-zero economy. Commerce is pursuing multiple funding sources that could enable the program to move forward in early 2025. Discussions at these community workshops will inform the future program.	Commerce seeks to listen and learn from communities and tribes about their visions for a clean energy future. This fall, we invite you to participate in regional workshops to share your ideas and learn about upcoming opportunities like Clean Energy Ambassadors. There are factsheets uploaded here (https://deptofcommerce.app.box.com/s/d6y2jd3wf0b1ghr6z4vjz9lxd2uag54a - soon to be available in multiple languages), and there is a registration form available here (https://app.smartsheet.com/b/form/54e49f8a01034da4967c3a169aee030d). Both have more information on dates, times, and locations. Commerce will also distribute this information via email to the update list that you can sign up for on this webpage: https://www.commerce.wa.gov/epic/, to organizations that have expressed interest in the program, and through other networks and modes of communication. DRAFT EJA VIEWABLE FOR PUBLIC COMMENT HERE: https://deptofcommerce.box.com/s/vopxz1cxl72rfl3hj64fovjiob3rd7rq,	Action did not move forward Program not moving forward due to budget
06/24/2025	06/19/2025	Ongoing	Commerce, Department of	Agency-request legislation	Increasing AMI for Rural PSH	Expand RCW 36.22.250 Section 5 to include up to 50% AMI for Permanent Supportive Housing in rural areas.	Advisory groups, surveys	Ongoing
06/24/2025	06/17/2025	Ongoing	Commerce, Department of	Agency-request legislation	Legislative Reports Repeal ARL	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.	Ongoing
11/28/2023	09/01/2023	12/05/2023	Commerce, Department of	Agency-request legislation	Codifying 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.	Completed Codifying the Clean Energy Fund
07/11/2024	06/25/2024	09/12/2024	Commerce, Department of	Agency-request legislation	WSBO Program Update, including SBO Goals Update and Transfer of the administrative duties for the Digital Equity Forum to the Office of Equity	This Agency Request Legislation will accomplish two things. First, to formally move the administration of the Digital Equity Forum to the Office of Equity. Second, we also plan to update WSBO goals in RCW 43.330.536 to better align with the current work in PWB, CERB and the SBO.	Input for this ARL can be provided using our public comment form. https://app.smartsheet.com/b/form/78649f9ca0b74d35854a7e817bd0e349	Completed State Broadband Office Program Update ARL
02/18/2025	02/13/2025	Ongoing	Commerce, Department of	New grant or loan program	Circular Economy Development Program	Proviso funding will help establish a circular economy market development initiative and expand industrial symbiosis projects across Washington. By combining these funds ($390k) with the existing Industrial Symbiosis Grant Program administered for Fiscal Year 2025, two additional circular market projects are supported. The awarded funds help divert industrial waste for reuse through innovation into valuable new products. A strong circular market reduces environmental impacts, builds a resilient supply chain, and creates jobs	Public comments period on the draft EJA has opened 4/29/25: https://deptofcommerce.box.com/s/ra3ya1aram86p19q7qtnb9yugj7r3nc2. Past opportunities included the Community Involvement Listening Session on March 18 and March 20 as well as the Tribal Briefing in April 2025.	Ongoing
09/17/2024	09/17/2024	11/27/2024	Ecology, Department of	Significant legislative rules	Human Health Criteria rulemaking	Ecology is conducting this rulemaking to provide clarity on the water pollution limits that protect human health and are used in clean water programs in Washington state. This action would transfer the existing federal limits into state rules and would not change any of the existing human health criteria for Washington. The human health criteria protect people, particularly those who eat fish and shellfish and drink untreated water, from experiencing long-term health effects from pollution in rivers, lakes and marine water in Washington. This is a unique rulemaking as it does not change the pollution limits that are already in place for Washington. In 2016 and 2022, the U.S. Environmental Protection Agency (EPA) set some of the human health criteria for Washington, so those limits are in federal rule, instead of state rule like the rest of Washington’s pollution limits. Ecology aims to provide clarity on the regulations by adopting the federal human health criteria. Ecology received feedback from the public and Tribes during prior rulemakings that making this change should be a priority for the state. This rulemaking is a shorter process than most. Because this rulemaking will adopt federal regulations without changing them, this rulemaking is exempt from the usual requirements to complete a pre-proposal statement of inquiry (CR-101) and will instead move starting to the rule proposal (CR-102).	For this rulemaking action, Ecology will open a public comment period and hold a public hearing to receive public input on the rule proposal, offer Tribal consultation, meet with Tribal water quality staff and offer to connect with other fishers and vulnerable populations. We will accept comments from 12 a.m. on Sept. 17, 2024, until 11:59 p.m. on Oct. 25, 2024. Submit comments online or at the public hearing on Oct. 22, 2024, 5:30 p.m. Details on how to access both the public comment submission form and the public hearing are on the webpage below. To discuss this rulemaking outside of the above noted opportunities, contact Faith Wimberley, Environmental Justice Planner at faith.wimberley@ecy.wa.gov or (425)275-7285.	Completed WAC 173-201A-240, Toxic Substances Human Health Criteria Rulemaking
03/29/2024	02/02/2024	05/16/2025	Ecology, Department of	Capital project, grant, or loan award of at least $12 million	Loan offer to King County for the Duwamish Combined Sewer Overflow project	The purpose of the proposed action is to provide King County with $70 million of loan funding to construct a storage facility and conveyance so that partially and untreated sewage mixed with rainwater (combined sewer overflow) can be routed for treatment before release into the Duwamish River through outfalls. The increased storage capacity will reduce the number of combined sewer overflows at two sites along the Duwamish River. Currently, based on a 20-year average, pollution overflows into the river 4.4 times per year at one site and 1.9 times per year at the other. The loan project locations are West Michigan Street Regulator Station (W Michigan St. RS) Overflow and Terminal 115 (T115) Overflow. These sites are part of the Environmental Protection Agency’s Superfund National Priorities List and the Washington Hazardous Sites List. Anticipated benefits from the investments made with this loan include: • The Lower Duwamish River will receive less pollution during severe rains because large volumes of sewage and rain runoff will be treated before discharge into the river. • Reducing the overflows to one per year at each site. Federal and state regulations require communities to reduce the frequency of untreated combined sewer overflows, on average, allowing no more than one overflow event per year. Reducing overflows benefits people, wildlife, and water quality because CSOs can carry contaminants such as pathogens, oxygen-consuming pollutants, solids, nutrients, and toxics.	Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the environmental justice assessment of this loan offer beginning in April 2024. 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. Through methods yet to be determined, Ecology will identify additional opportunities to engage overburdened communities in King County and provide opportunities for their meaningful involvement in this funding decision. Ecology will also invite tribal consultation and staff discussions with impacted Tribes, which include but may not be limited to the Muckleshoot Indian Tribe, Port Gamble S’Klallam Tribe, Puyallup Tribe, Snoqualmie Indian Tribe, Stillaguamish Tribe of Indians, Suquamish Tribe, and Tulalip Tribes. Ecology will engage in consultation in formats that are requested by the Tribes and that 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.	Completed Loan offer to King County for the Duwamish Combined Sewer Overflow Project, Environmental Justice Assessment
09/14/2023	09/14/2023	07/21/2023	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.	Completed Chapter 173-167 WAC Emergency Drought Funding: An Environmental Justice Assessment
10/10/2024	10/10/2024	Ongoing	Ecology, Department of	Significant legislative rules	Rulemaking to add Chapter 173-448 WAC, Air Quality in Overburdened Communities	Ecology is beginning rulemaking to add a new rule – Chapter 173-448, Air Quality in Overburdened Communities – to implement parts of Chapter 70A.65.020 RCW, Environmental justice review. This law passed in 2021 as part of the Climate Commitment Act and directs Ecology to reduce criteria air pollution in overburdened communities (OBCs) highly impacted by air pollution. The law requires Ecology to take certain actions, like adopt stricter emission standards in communities identified as overburdened and highly impacted by air pollution. The processes and details for these actions are not included in the law. As a result, this rulemaking is needed to specify the process and procedure that Ecology will follow to reduce criteria air pollution as instructed in the law. Intended environmental benefits include: • Reducing criteria air pollution will improve air quality in overburdened communities Intended health benefits include: • Reducing negative health effects associated with exposure to criteria air pollution Populations expected to be impacted • People who live, work, and spend time in overburdened communities • Businesses whose operations may be impacted	Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations. Engagement is anticipated to begin early in 2025 and will include virtual public meetings, comment periods, and other targeted outreach, additional details of which will be shared on our rulemaking website and email distribution list.	Ongoing
03/29/2024	02/02/2024	01/21/2025	Ecology, Department of	Capital project, grant, or loan award of at least $12 million	Loan offer to Snoqualmie Pass Utility District for wastewater treatment plant membrane bioreactor improvements	The purpose of this action is to provide the Snoqualmie Pass Utility District with $18 million in loan funding to construct updates to the wastewater treatment infrastructure to meet surface water quality standards and phase out the current land treatment system. Infrastructure upgrades include a membrane bioreactor, solids handling facilities, aerobic digestion, sludge dewatering, drying beds, and associated instrumentation and controls. Currently, wastewater is land applied to 45 acres of Forest Service property. After completing these improvements, the Snoqualmie Pass Utility District will treat wastewater and discharge it to Coal Creek, which drains to Lake Keechelus. The project location includes the treatment plant at 370 Treatment Plant Road, Snoqualmie Pass, WA 98068. The project also impacts Coal Creek, a tributary of Lake Keechelus. Anticipated benefits from the investments made with this loan include: • The treated wastewater from the new membrane bioreactor system will have a higher water quality than the treated wastewater from the existing lagoon system. These improvements mean the facility will no longer release treated wastewater to land, which will prevent runoff to a nearby lake during part of the year. • The new treatment technology will discharge cleaner wastewater to Coal Creek. • The Forest Service will recover the land application site and allow it to return to natural habitat conditions.	Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the environmental justice assessment of this loan offer beginning in April 2024 . Ecology conducted public engagement in February and March of 2024, with an online webinar and public comment period. We will respond to comments regarding environmental justice, overburdened communities, or vulnerable populations with vulnerabilities impacted by the action and seek further involvement to address concerns. Through methods yet to be determined, Ecology will identify additional opportunities to engage overburdened communities in Kittitas County and provide opportunities for their meaningful involvement in this funding decision. Ecology will also invite Tribal consultation with impacted Tribes, which includes but may not be limited to the Muckleshoot Indian Tribe, Snoqualmie Indian Tribe, and Confederated Tribes and Bands of the Yakama Nation. Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov with any comments or questions, or visit the webpage below to stay informed.	Completed Water Quality Program Loan Offer to the Snoqualmie Pass Utility District Environmental Justice Assessment
06/27/2025	06/27/2025	Ongoing	Ecology, Department of	Capital project, grant, or loan award of at least $12 million	Northshore Levee 2025-27 Capital Budget Proviso	The purpose of this action came from the 2025 State Legislature which provided a 2025-27 Capital Budget appropriation for a one-time grant solely as state assistance to the cities of Aberdeen and Hoquiam for: * Aberdeen-Hoquiam flood protection project. North Shore Levee. * North Shore Levee-West segments. Anticipated benefits from the 2025-27 Capital Budget proviso include providing state funds that supplement other local, state, and federal funds for the ongoing Northshore Levee mitigation efforts for flood control by the communities in Hoquiam and Aberdeen. The project once constructed will remove large areas of Aberdeen and Hoquiam from the floodplain and will place them in a mapped Zone X through a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA). Protected properties will benefit from the elimination of mandatory flood insurance through the National Flood Insurance Program (NFIP). The levee system will include two levies, and an interior drainage pump system as required by FEMA. The North Shore Levee implementation efforts bring significant environmental and public health benefits. Residential households, developers, shellfish industry and consumers, and Tribes may experience these benefits.	Ecology’s Office of Chehalis Basin (OCB) plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, for the purpose of the environmental justice assessment of this 25-27 Legislative provision in May 2025. OCB will conduct public engagement in July 2025, through an informational blog post and article in area media outlets, as well as provide time for public comments through emails to OCB contacts. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Through methods yet to be determined, OCB will identify additional opportunities to engage overburdened communities in Grays Harbor County and the local communities and provide opportunities for their involvement in this legislative funding opportunity. OCB will invite Tribal consultation and conduct staff outreach with impacted Tribes which includes but may not be limited to the Quinault Indian Tribe and Confederated Tribes of the Chehalis Reservation.	Ongoing
12/19/2024	12/19/2024	Ongoing	Ecology, Department of	Significant legislative rules	Lead-in-Cosmetics Rulemaking	The Washington Department of Ecology (Ecology) started a rulemaking under the authority of Chapter 70A.560 RCW: Toxic-Free Cosmetics Act, to identify a feasible approach to regulating lead in cosmetic products, including potentially adopting a different limit on lead impurities than the statutory limit of 1 part per million (ppm). Ecology will work with interested parties to: • Better understand compliance challenges with the statutory limit. • Determine the lowest feasible limit that manufacturers can achieve that is also protective of people and the environment. Background In 2023, the Washington State Legislature passed the Toxic-Free Cosmetics Act to restrict the manufacture, sale, and distribution of cosmetic products containing certain chemicals, including lead and lead compounds. The law applies to cosmetic products such as makeup, perfume, shampoo, lotion, deodorant, shaving cream, and toothpaste. After meeting with many cosmetics manufacturers, Ecology learned that a strict 1 ppm limit can be difficult, if not impossible, for some cosmetic products to achieve. Lead is a naturally occurring metal that can be in raw ingredients such as minerals and clay that are used in cosmetics. Ingredients used for pigments are a common source of lead impurities, but manufacturers have limited pigment options approved by the federal Food and Drug Administration. The variability of lead concentrations in ingredients can prevent manufacturers from complying with the statutory limit of 1 ppm. Product testing data from Germany and the United Kingdom shows that 90 percent of cosmetic products can achieve lead concentrations of 2 ppm for general cosmetics (such as lotion or cleansers) and 5 ppm for color cosmetics (such as blush or eye shadow). While there may be some variability in lead concentrations by geographic location, the data supports the technical feasibility of lower concentrations. Interim policy Ecology also issued an interim policy to provide compliance guidance to manufacturers while we conduct the rulemaking. This interim policy gives: • Manufacturers more time to comply with the lead restriction. • Ecology more time to collect information. • Manufacturers alternative paths to compliance for cosmetic products that are unable to achieve lead concentrations below 1 ppm. We are committed to supporting businesses with their compliance efforts. Contact us at ToxicFreeCosmetics@ecy.wa.gov with questions or concerns.	We plan to conduct engagement for this rulemaking throughout 2025 and 2026. Engagement efforts may include public meetings, in-person workshops or tabling events, outreach with community-based organizations (CBOs), opportunities to review and comment on draft rule requirements, public comment periods, and formal public hearings. We will focus on engaging with overburdened communities and vulnerable populations most impacted by lead in cosmetic products. We will also invite consultation from Tribal representatives who may be interested in informing the development of this work. We will conduct additional communications about the rulemaking through partner agencies that are working with CBOs on lead exposure (like the Department of Health and the King County Hazardous Waste Program) to leverage their existing relationships with vulnerable populations in overburdened communities. We will start this communication process in early 2025 to provide adequate time and resources for members of these communities to participate in the formal comment process, and for us to reduce barriers like language access and web-based outreach methods. We will share details about engagement opportunities and resources on our website and through our email lists and tailored communications with CBOs. We anticipate: • Developing draft rule requirements in 2025. • Sharing a preliminary draft rule, providing a public comment period, and hosting webinars in the winter of 2025. • Proposing a formal draft rule, providing a public comment period, and hosting hearings, in the summer of 2026. • Adopting the revised rule in the winter of 2026. For more information, join our email list, visit our rulemaking webpage or contact Shari Franjevic at ToxicFreeCosmetics@ecy.wa.gov or 360-338-2913.	Ongoing
08/01/2024	08/01/2024	Ongoing	Ecology, Department of	New grant or loan program	Climate Resilient Riparian Systems Lead grant program	The Washington State Department of Ecology, the Washington State Conservation Commission, and Bonneville Environmental Foundation, established a partnership coalition to promote innovative and sustainable approaches to riparian management. The Climate Resilient Riparian Systems Lead (CR2SL) team will administer sub-awards to Puget Sound partners that result in greater area of riparian acreage protected, restored, or maintained for climate resiliency. Surrounding Puget Sound communities will benefit from resulting riparian restoration efforts as these projects are known to increase canopy cover and green spaces, improve water quality and improve habitat for fish and aquatic life. The CR2SL team will engage key stakeholders and partners to design the funding program to best support their needs and to increase their efficiency and capacity. This approach will foster the identification of multi-benefit project opportunities to promote collaborative riparian area management in Puget Sound watersheds, including nature-based solutions to climate resiliency and adaptation.	The CR2SL program will use a variety of methods to engage with Puget Sound Tribes, as well as people from overburdened communities and vulnerable populations to inform this work, including: inviting formal consultation with Tribes; hosting virtual listening sessions for Tribal members and staff; distributing a Tribal listening session follow-up worksheet; inviting consultation with the Northwest Indian Fisheries Commission; inviting Tribal participation in the CR2SL advisory group; inviting a tribal liaison to participate in the CR2SL oversight team; hosting virtual and in-person meetings to solicit input from community based organizations operating within the program footprint; web content; and GovDelivery distribution list. Outreach and engagement efforts began in January 2024 and will continue throughout program development and implementation. Outreach and engagement will focus on Tribal engagement and engagement with the Puget Sound watershed restoration community, including community based organizations that represent overburdened and vulnerable communities that might potentially impacted by the new grant program.	Ongoing
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
06/27/2025	06/27/2025	Ongoing	Ecology, Department of	New grant or loan program	Spokane River Grant Program 2025	Ecology is proposing a new grant program that will invest $1 million in a Spokane River Basin Toxics Reduction grant program. The funding for this program comes from the state 2025-2027 operating budget, which provided Ecology with funds to address toxics and other contaminants in the Spokane River Basin. Eligible projects will be determined based on toxics reduction, feasibility of the project, benefit to the watershed, consideration of Tribal government priorities, alignment with other established watershed protection plans, and impact to overburdened communities. This grant program will invest state funds in Spokane watershed communities including Tribes for projects that reduce pollutants found in the river such as PCBs, PFAS, and mercury. These projects will result in cleaner water and healthier fish that are safe to eat.	Ecology has presented and requested feedback on this potential grant program in three public meetings of the Spokane River Advisory Committee. In addition, Ecology has collaborated directly with members of the community that are interested in this proposed grant program. Through the fall of 2025, Ecology will initiate additional ways for members of overburdened communities, vulnerable populations, and community-serving organizations to inform this proposed grant program. Ecology does not plan to host a public comment period on this action.	Ongoing
12/30/2024	12/30/2024	Ongoing	Ecology, Department of	Capital project, grant, or loan award of at least $12 million	Award for Restoration and Recovery of the Willapa Bay North Shore	The purpose of this action is to provide $14.3 million to the Pacific Conservation District (PCD) to implement the Restoration and Recovery of the Willapa Bay North Shore project, which will restore a large section of Willapa Bay’s north shoreline. This award is part of the NOAA Climate Resilience Regional Challenge (CRRC), for which the Washington Department of Ecology was awarded $73.5 million dollars to pass through in order to advance a portfolio of collaboratively developed climate resilience projects. The Department of Ecology collaborated with over 30 local jurisdictions, Tribal governments, state agencies, and nonprofit organizations to select and co-develop projects to improve resilience and enhance the climate adaptation capacity of local communities, prioritizing those that have been marginalized, underserved, and/or underrepresented. 81.3% of the Washington CRRC award funds (just under $61 million) will go towards projects located in or co-created with frontline communities and Tribes. $18.7 million will go toward projects located in disadvantaged communities (as identified by the federal Climate and Economic Justice Screening Tool) while $41.7 million will go to projects implemented in partnership and in co-creation with Tribes. As one of the subawardees in this portfolio, Pacific Conservation District (PCD) will implement the Restoration and Recovery of the Willapa Bay North Shore project. This region was identified by CEJST as low income and was ranked in the 98th percentile or higher for both expected building loss rate and expected population loss due to natural hazards. Funds will be used for the installation of a nature-based dynamic revetment (small cobble, large woody debris, and root wads), staff time to manage the project and coordinate collaborative workshops with partners and stakeholders, staff equipment, native plant and other restoration materials, adaptive management, and travel for project construction and presentation of results at conferences. Funds will also be used to contract with an engineering firm to update final designs that were developed in 2020, and to fund for a separate activity with Ecology’s Coastal Monitoring and Analysis Program for pre- and post-construction shoreline monitoring. This project will bring funds directly to Pacific County businesses and residents and will improve the long-term economic and ecological vitality of the North Willapa region and its natural resource-dependent communities.	Washington Department of Ecology collaborated with PCD in the planning for this project. This project was designed within the community and collaboratively with local stakeholders and partners. The North Cove area is identified as overburdened. Community based organizations and Tribes in this overburdened community helped co-develop the project and had opportunities to provide comments. As the project moves forward, these groups will continue to be consulted and have opportunities for input. Collaboration with and comment from the communities and Tribes affected by this project will continue to inform this assessment, as well as the planning and design of this work. PCD will take the lead in holding additional community meetings, conducting further stakeholder outreach and coordinating with their local partners. PCD will consult with local and regional partners through the Willapa Erosion Control Action Now (WECAN) community forum and Coastal Hazards Resilience Network. PCD will work with Pacific County Drainage District No 1 on community participation and coordination throughout the project lifecycle, including facilitation/coordination of the WECAN community forum to ensure cohesion with related projects and partners. PCD will report the result of their meetings, outreach and coordination to the Department of Ecology throughout the project period. PCD and Ecology are open to and will continue respond to comments received via email regarding environmental justice, overburdened communities, or vulnerable populations impacted by the project and seek further involvement to address concerns. Tribal partners will be integrally involved with this project. PCD, the Department of Ecology and NOAA will conduct information sharing with Tribal nations in the project area. Ecology will support PCD and other project partners in this work, including participating in the WECAN network, providing technical assistance as needed, and advising on environmental justice impacts as needed. Additionally, the NOAA Office of Coastal Management will consult with potentially interested Tribes as part of the Federal Section 106 compliance process. Ecology will do additional outreach with overburdened communities as needed to address environmental justice concerns. If you have comments on the Environmental Justice impacts or considerations for this project, you can reach out to the Ecology Project Manager, Julia, at jseb461@ecy.wa.gov.	Ongoing
08/07/2024	08/07/2024	Ongoing	Ecology, Department of	Significant legislative rules	Update to Water Quality Permit Fee Rule (173-224 WAC)	Ecology has initiated an agency rulemaking action to update our Water Quality Permit Fees (Chapter 173-224 WAC). This chapter carries out Ecology’s requirement under RCW 90.48.465 to establish, by rule, annual fees to recover Ecology’s program cost of administering the wastewater and stormwater permit programs. This chapter also considers the economic impact of our fees on permitted small dischargers and public entities, and makes appropriate adjustments where applicable. Ecology strives to update this chapter every two years to ensure our permit fees reflect the most current costs to Ecology and impacts on our permittees. We use these fees to recover our program costs to administer our permit programs, which protect Washington’s waters from pollution. This rule covers a statewide geographical scope. The anticipated impact of this rulemaking action is limited to the permitted facilities that pay these fees. This rulemaking action does not expect to introduce new environmental impacts or impacts specific to overburdened communities, vulnerable populations, and Tribes.	Ecology is beginning to develop draft rule language and will invite the public to participate in the development over the next few months. This may include workshops, webinars, and online comment periods. To stay engaged with this process, please join our email list (https://ecology.wa.gov/EmailList/WQfee) and visit our webpage for updates (https://ecology.wa.gov/WQ-fee-rule). Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov to discuss this environmental justice assessment.	Ongoing
06/10/2025	06/10/2025	Ongoing	Ecology, Department of	Other	New Rulemaking for Permit Program for state waters.Chapter 173-217 WAC – State Waters Alteration Permit (SWAP) A Permit required for alteration of state waters, including wetlands, and conditions on issuance of permit.	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.	Ongoing
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...).	Ongoing
03/31/2025	03/31/2025	Ongoing	Ecology, Department of	Significant legislative rules	Cap-and-Invest Program Updates and Linkage Rulemaking (Chapter 173-446 WAC and Chapter 173-441 WAC)	Last year, the Washington Department of Ecology initiated a rulemaking process to consider amendments to Chapter 173-446 WAC and Chapter 173-441 WAC that would facilitate the option of linking Washington’s carbon market with the California-Québec carbon market. We are announcing a new rulemaking today that replaces the previous rulemaking and expands the scope to include other necessary updates to the Cap-and-Invest program rules. In this new rulemaking, as required by the Climate Commitment Act (CCA) RCW 70A.65, the Department of Ecology is still exploring the option of linking Washington’s Cap-and-Invest carbon market with the California-Québec carbon market. This linkage would create a unified carbon market across the three jurisdictions so allowances issued by California and Québec could be used by Washington businesses for compliance, and vice versa. Linkage would also allow for joint allowance auctions, a common allowance price, and the free trading of allowances between jurisdictions. This rulemaking is needed to update Chapter 173-446 WAC and Chapter 173-441 WAC in line with these legislative changes and make other updates to ensure the rules are consistent with a potential linked market. The rule changes will not in themselves automatically establish linkage but will set the stage for future actions, such as signing a formal linkage agreement. Additionally, The Climate Commitment Act Program Rule requires the adoption of allowance budgets for the second compliance period (2027–2030), ensuring that emissions reductions align with Washington's 2030, 2040, and 2050 greenhouse gas emissions limits. This rule will also add one additional sector —waste to energy—to coverage under cap-and-invest as required by statute. Pursuant to the Climate Commitment Act Program Rule, Ecology will also modify and adopt rules to continue to address topics associated with imported electricity and centralized electricity markets. Ecology will consider rules relevant to allowance allocation to electric utilities. Through this rulemaking, Ecology will make updates as necessary to improve implementation of the Cap-and-Invest Program and to ensure the rule aligns with statute.	Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. 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. Ecology will also hold Tribal forums and invite government-to-government consultation with Tribes. Ecology conducted engagement for the Linkage rulemaking and the comments gathered during that process will also be used to inform this Environmental Justice Assessment. Ecology is also available to meet with individual organizations and groups at their request during the rulemaking process. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage for updates. Please contact Surabhi Subedi, Climate Pollution Reduction Program Rulemaking Planner, at CPRRulemaking@ecy.wa.gov	Ongoing
03/15/2024	02/02/2024	10/31/2024	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.	Completed Water Quality Program draft loan offer to the City of Lynden, Environmental Justice Assessment
12/30/2024	12/30/2024	Ongoing	Ecology, Department of	Capital project, grant, or loan award of at least $12 million	Award for Chinook Marsh Restoration	The purpose of this action is to provide $16.7 million to Snohomish County to implement the Chinook Marsh restoration project, which will complete a tidal reconnection project in the Snohomish River estuary. This award is part of the NOAA Climate Resilience Regional Challenge (CRRC), for which the Washington Department of Ecology was awarded $73.5 million dollars to pass through in order to advance a portfolio of collaboratively developed climate resilience projects. The Department of Ecology collaborated with over 30 local jurisdictions, Tribal governments, state agencies, and nonprofit organizations to select and co-develop projects to improve resilience and enhance the climate adaptation capacity of local communities, prioritizing those that have been marginalized, underserved, and/or underrepresented. 81.3% of the Washington CRRC award funds (just under $61 million) will go towards projects located in or co-created with frontline communities and Tribes. $18.7 million will go toward projects located in disadvantaged communities (as identified by the federal Climate and Economic Justice Screening Tool) while $41.7 million will go to projects implemented in partnership and in co-creation with Tribes. As one of the subawardees in this portfolio, Snohomish County will complete a tidal reconnection project in the Snohomish River estuary by breaching the existing levee system and constructing a setback levee. Funds will be used to secure contract services through a bid process to implement all required construction tasks according to the restoration designs currently under development. This work is necessary to provide natural resiliency to climate change exacerbated floods, storms, and sea level rise.	Washington Department of Ecology collaborated with Snohomish County in the planning for this project. This project was designed within the community and collaboratively with local stakeholders and partners. The project is located in a community identified as overburdened, and community members and Tribes helped co-develop the project and have ongoing opportunities to provide comments. The funds that are to be subgranted to Snohomish County are for the construction phase of this project. Snohomish County is currently in the conceptual design phase, with preliminary design anticipated by 2025 and final design anticipated by 2026. Snohomish County is currently collaborating with project partners and conducting outreach. They expect to make the preliminary project design available for review in spring 2025 and will incorporate comments and concerns into the final design. Opportunities for comment can be found on Snohomish County’s Chinook Marsh project page. Tribal partners are integrally involved with this project, and information sharing with other Tribal nations will be conducted by Snohomish County and NOAA. Additionally, the NOAA Office of Coastal Management will consult with potentially interested Tribes as part of the Federal Section 106 compliance process. Collaboration with and comment from the communities and tribes effected by this project will continue to inform the planning and design of this work. Snohomish County will report the result of their meetings, outreach and coordination to the Department of Ecology throughout the project period. Snohomish County and Ecology are open to and will continue respond to comments received via email regarding environmental justice, overburdened communities, or vulnerable populations impacted by the project and seek further involvement to address concerns. Ecology will do additional outreach with overburdened communities as needed to address Environmental Justice concerns. If you have comments on the Environmental Justice impacts or considerations for this project, you can reach out to the Ecology Project Manager, Julia, at jseb461@ecy.wa.gov.	Ongoing

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