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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 submitted Date initiated Date completed Agency Type Agency action Description Methods for providing public comment Published EJ assessment
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.
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.
04/11/2024 04/11/2024 Ongoing 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.
04/16/2024 04/11/2024 04/25/2024 Agriculture, Department of Significant legislative rules Accreditation of Cannabis Laboratories The WA State Department of Agriculture is proposing a new ruleset to establish a state program for the accreditation of cannabis laboratories in accordance with the standards set forth in 16-309 WAC. The purpose of the program is to ensure that laboratory standards described in chapter 16-309 WAC are followed when testing cannabis and cannabis products in Washington State. 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 Establishment of Chapter 16-310 WAC, Accreditation of Cannabis Laboratories
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
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.
01/10/2024 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.
07/19/2024 04/17/2024 Ongoing Agriculture, Department of Significant legislative rules Amending chapter 16-752 WAC, by adding species to the prohibited plants list. Adds additional species to the noxious weed seed and plant quarantine, which would prohibit their sale and distribution. 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.
07/19/2024 04/23/2024 Ongoing Agriculture, Department of Significant legislative rules Amending the Apple Maggot Quarantine Boundary in chapter 16-470 WAC. As a result of a petition for rule making, the department is considering expanding the apple maggot quarantine area in Okanogan County. 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.
07/19/2024 03/24/2024 Ongoing Agriculture, Department of Significant legislative rules Amending the commercial feed and pet food/specialty pet food rules in chapters 16-250 and 16-252 WAC. Adopts the latest version of the Association of American Control Officials (AAFCO) Official Publication (OP), clarifying areas of the rule regarding livestock feed and including additional categories of product types that were previously absent. 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.
07/19/2024 06/24/2024 Ongoing Agriculture, Department of Significant legislative rules Amending the fees that support the Fruit & Vegetable Inspection Program in chapter 16-390 WAC. Increases Fruit & Vegetable Program fees and revises the fee schedule to more accurately reflect the scope of services provided, including but not limited to adding fees for services that are not specifically identified in current rule. 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.
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
04/11/2024 04/11/2024 Ongoing Ecology, Department of Significant legislative rules Cap-and-Invest Linkage Rulemaking (Chapter 173-446 WAC and Chapter 173-441 WAC) As required by the Climate Commitment Act (CCA), Ecology is investigating the option of linking Washington’s Cap-and-Invest Program carbon market with the California-Québec carbon market. In a linked Cap-and-Invest Program, Washington’s carbon market would combine with the joint California-Québec market to create a single shared market with joint allowance auctions and a common allowance price across all jurisdictions. Allowances could be traded across jurisdictions and used to cover emissions in any of the three jurisdictions. As part of this effort, the Legislature passed legislation in 2024 modifying the CCA in ways that facilitate linkage (Engrossed Second Substitute Senate Bill 6058). This rulemaking is needed to modify Chapter 173-446 WAC and Chapter 173-441 WAC to implement these statutory changes as well as to make other changes to these rules necessary to facilitate linkage. These rule changes do not constitute linkage, nor do they require linkage or do anything that would make linkage inevitable. Additional steps would be needed, outside of the Washington rulemaking process, to establish linkage, including signing on to a linkage agreement. The Climate Commitment Act directs Ecology to consider linking Washington's Cap-and-Invest Program with other carbon markets. The law also requires Ecology to review specific criteria to ensure linkage would benefit Washington’s communities, economy, and climate goals. 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, vulnerable populations, and Tribes, for the purpose of developing the environmental justice assessment for this rule. Ecology is also available to meet with individual organizations and small 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 Nikki Harris, Climate Pollution Reduction Program Rulemaking Coordinator, at nikki.harris@ecy.wa.gov for comments or questions.
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.
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
04/11/2024 09/15/2023 Ongoing Commerce, Department of Capital project, grant, or loan award of at least $12 million CCA funding direct appropriation grant to Quinault Indian Nation Legislative direct appropriation for $12,050,000 from the Climate Commitment Act funding to the Quinault Indian Nation for five projects in the Tohola Village Relocation Master Plan. Visit impacted community and collaborate with tribal representatives and leaders to strengthen relationships.
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
03/19/2024 03/19/2024 Ongoing Ecology, Department of Significant legislative rules Chapter 173-905 WAC - Battery Stewardship Program The purpose of this rulemaking effort is to implement new program requirements established under chapter 70A.555 RCW Batteries—Environmental Stewardship, which was passed by the state legislature in April 2023. The new law creates an extended producer responsibility program for recycling most types of batteries. Beginning January 1, 2027, battery producers are required to pay into a program that establishes a statewide network of battery collection sites that will provide opportunities for people to drop off batteries at no cost. These collection sites are to be accessible and convenient to overburdened communities identified by the department. This program will increase opportunities for battery recycling throughout the state and will improve consistency of existing battery recycling programs in Washington. Ecology intends to provide battery stewardship organizations regulatory clarity so that the program is implemented equitably across Washington. Ecology will develop and follow a formal communication plan focused on connecting with overburdened communities and vulnerable populations in Washington. The department recognizes that all residents of Washington State, regardless of socio-economic factors, should have a say in the rules and regulations that affect them. Ecology will allow for all communities and individuals to provide valuable insights, feedback, and ideas regarding implementation of the law but will focus engagement efforts particularly on identified overburdened communities. Once Ecology has identified an overburdened community or vulnerable population, staff will connect with existing community groups wherever possible to utilize connections already established within that community. Staff also plan to use varied communications channels including virtual meetings, public hearings, and other targeted education and outreach to inform communities about the issues and impacts of the Battery Stewardship Program. Ecology will accept public comments during a formal comment period and multiple public hearings, the details of which will be shared on the rulemaking website and distributed to the email list for the rule in mid-2025.
05/02/2024 05/02/2024 Ongoing Ecology, Department of Significant legislative rules Chapters 173-18, -20, -22, -26, and -27 WAC, Shoreline Management Act Rules Update The Department of Ecology is conducting rulemaking to amend Chapters 173-18, -20, -22, -26, and -27 under the Shoreline Management Act. These Chapters contain Ecology’s rules that carry out the provisions of the Shoreline Management Act. This includes the guidelines for local governments developing, amending, and administering shoreline master programs (SMPs) and standards for SMP administration, permitting, and enforcement. During this rulemaking, we will amend each of these WACs to ensure that our rules are current, reflect changes to the Shoreline Management Act, and clearly and efficiently guide local governments in upholding the goals of the Act. The scope of this rulemaking will be refined through the public engagement process but will include sea level rise. Some of the other topics we are considering may include shoreline stabilization, critical area protections, channel migration zones, mooring buoys, and more. Ecology is amending Chapter 173-26 and 173-27 WAC to: • Comply with the Shoreline Management Act (Chapter 90.58 RCW) and address issues that have we have identified through the review, adoption, and implementation of SMPs. These revisions will provide clarity around SMP approval/amendment procedures and permit and enforcement procedures. Additional amendments may be included for clarity. • Add requirements for local governments to address the impact of sea level rise and increased storm severity on people, property, and shoreline natural resources and the environment. Ecology is also amending Chapters 173-18 and -20 WAC, to update the list of streams, rivers, and lakes in completed SMP updates and amending Chapter 173-22 WAC to clarify designations of shorelands and wetlands associated with shorelines of the state. This rulemaking will be statewide. However, the specific requirement to address the impact of sea level rise and increased storm severity will apply only to jurisdictions with marine shorelines. For this rulemaking, Ecology will develop and follow a communication plan for public outreach, including a dedicated focus on connecting with people from overburdened communities and vulnerable populations. For the environmental justice assessment, we plan to connect through multiple methods, such as virtual meetings and listening sessions, which will take place in 2024 and 2025. There will also be additional opportunities for people to connect during the rulemaking public comment period and public hearings. To learn more about the rulemaking process and opportunities to get involved, visit our website, which will be updated with more information. You can also join our email list, which is also on our webpage.
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.
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.
12/18/2023 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.
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.
04/10/2024 06/14/2023 Ongoing Health, Department of New grant or loan program Community Informed Budgeting Grant The Department of Health (DOH) is conducting an Environmental Justice Assessment on a grant program to fund projects that benefit overburdened communities. In 2023, the legislature directed DOH to design and implement a participatory budgeting process. “Participatory budgeting” is a term used to describe processes where residents help decide how to spend a part of a public budget. The DOH will work with a community advisory committee to first identify five geographically diverse overburdened communities. In collaboration with these five communities, the DOH will co-create a process to identify climate resilience and decarbonization projects. The communities will vote on projects and the selected projects will be presented to the Washington state legislature. Once approved by the legislature in 2025, these projects will be funded up to $32,600,000. Opportunities for public engagement and updates will be posted to the agency website below.
05/22/2024 05/22/2024 Ongoing Ecology, Department of Significant legislative rules Cosmetic Products Rulemaking The Washington Department of Ecology (Ecology) started a rulemaking to develop a new chapter in the Washington Administrative Code (WAC): Chapter 173-339 WAC—Cosmetic Products Restrictions. Ecology is conducting this rulemaking to: • Make cosmetics safer for consumers and the environment. • Reduce consumers’ and workers’ exposure to formaldehyde. • Address the disproportionate harms caused by cosmetic products in overburdened communities and vulnerable populations. • Reduce the amount of formaldehyde entering the environment. Under the authority of Chapter 70A.560 RCW (Toxic-Free Cosmetics Act), Ecology may adopt a rule that identifies chemicals used in cosmetic products that release formaldehyde (formaldehyde releasers) and adopt restrictions for the identified formaldehyde releasers. This rule may include: • Restrictions that apply to the use of specified formaldehyde releasers used in cosmetic products. • Allowances for products currently in the chain of commerce—stockpiled or available for purchase. • Compliance schedules. • Definitions of key terms such as “intentionally added.” • Other requirements or restrictions allowed by law. Background People use cosmetic products every day to clean their bodies or alter their appearance. Cosmetic products include items such as makeup, perfume, shampoo, hair gels, body wash, deodorant, hand lotion, and shaving cream. These products can contain chemicals that are toxic to people and the environment. In the Chemicals in Cosmetics Used by Washington Residents report (January, 2023), Ecology and the Department of Health found that many cosmetic products contain toxic chemicals. Some products disproportionately marketed to women of color, such as hair relaxers and skin lightening creams, often contain toxic chemicals. Some chemicals used in cosmetic products release formaldehyde, which exposes people to the chemical when they use the product. Formaldehyde can cause cancer, harm brain function, increase the risk of asthma, and irritate eyes and skin. Exposure can also lead to allergic reactions. Cosmetic products also can release formaldehyde into indoor and outdoor air. Formaldehyde can also enter wastewater streams as products are washed down the drain. In 2023, Washington state adopted Chapter 70A.560 RCW to ensure the safety of cosmetic products and protect Washington residents from toxic exposure. The law: • Restricts the manufacture, sale, and distribution of cosmetic products containing nine chemicals or chemical classes. • Directs Ecology to assess the hazards of chemicals or chemical classes that can provide the same or similar function as the restricted chemicals or chemical classes and make that information available to the public. • Directs Ecology to implement initiatives to support small businesses that manufacture cosmetic products, and to support independent cosmetologists and small businesses that provide cosmetology services in efforts to transition to safer cosmetic products. • Authorizes Ecology to adopt a rule that restricts the use of specified formaldehyde releasers in cosmetic products. We plan to conduct engagement for this rulemaking starting this summer and into the winter of 2024. Engagement efforts may include public meetings, a focus group, outreach with community-based organizations, 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 formaldehyde releasers in cosmetic products. We will also invite consultation from Tribes who may additionally be interested in informing the development of this work. As this work continues to develop, we will share details about engagement opportunities and resources on our website and through our email distribution list. For more information, sign up for email announcements, visit our rulemaking webpage, or contact Stacey Callaway, rulemaking lead, at ToxicFreeCosmetics@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. Our next webinar will occur on June 11, 2024. See our events listing webpage for more information. Use our online comment form to provide feedback on draft rule requirements, the rulemaking process, and our efforts to implement Chapter 70A.560 RCW. • Proposing a formal draft rule, providing a public comment period, and hosting hearings, in the fall and winter of 2024. • Adopting the revised rule in the spring or summer of 2025.
03/18/2024 12/01/2023 Ongoing Health, Department of Agency-request legislation Cottage Food Operations Agency Request Legislation The Department wants to add Cottage Food Operations into the public health system. This will help us direct our food safety and community engagement efforts with those who want to sell food prepared in home kitchens. food.safety@doh.wa.gov
05/10/2024 04/10/2024 Ongoing Commerce, Department of New grant or loan program Distribution of the Community Reinvestment Account: Legal Assistance Provides outreach and education to support the vacating of criminal records and legal financial obligations relief and aims to address the needs of Black, Indigenous and Latino individuals impacted by the criminal justice system in disproportionately affected neighborhoods in Tacoma and Seattle. Advisory Groups Community Meetings (as guest), GovDelivery, Office Hours posted on the Department of Commerce Community Reinvestment Project website, Email through Dept of Commerce Community Reinvestment Project Website.
05/10/2024 05/10/2024 Ongoing Commerce, Department of New grant or loan program Distribution of the Community Reinvestment Account: Reentry Services This new grant expands the existing Reentry Grant Program that provides reentry services to justice- involved individuals who have recently exited or are in the process of exiting incarceration. Advisory Groups Community Meetings (as guest), Focus Group, GovDelivery, Office Hours posted on the Department of Commerce Community Reinvestment Project website, Email through Dept of Commerce Community Reinvestment Project Website, Steering Committee.
05/10/2024 04/10/2024 Ongoing Commerce, Department of New grant or loan program Distribution of the Community Reinvestment Account: Violence Prevention Provides capacity building and technical support to existing OFSVP funding programs addressing the prevention and intervention of firearm violence. Advisory Groups Community Meetings (as guest) GovDelivery, Office Hours posted on the Department of Commerce Community Reinvestment Project website, Email through Dept of Commerce Community Reinvestment Project Website.
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.
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
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.
03/07/2024 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.
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.
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.
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
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.
12/07/2023 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.
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.
04/10/2024 06/14/2023 Ongoing Health, Department of New grant or loan program HEAL Capacity Grants The DOH is conducting an Environmental Justice Assessment on HEAL Capacity Grants totaling $26,355,000 as outlined in Engrossed Second Substitute Bill 5187. These grants are intended to build capacity among tribes, tribal organizations, overburdened communities, and vulnerable populations so these groups may provide guidance and input to the state government and the Environmental Justice Council on the implementation of the Healthy Environment for All (HEAL) Act of 2021 and updates and maintenance of the Environmental Health Disparities (EHD) Map. Opportunities for public engagement and updates will be posted to the agency site linked below.
06/14/2024 06/14/2024 Ongoing Commerce, Department of Other 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. Commerce will participate in a Tribal briefing, release a Request for Information and hold virtual stakeholder input meetings.
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.
05/21/2024 11/08/2023 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million I-5/NB N Lake Samish to Nooksack River - Concrete Pavement Rehab The Portland Cement Concrete Panels (PCCP) within these sections of Interstate 5 are near or have exceeded their design life. Rehabilitate the concrete pavement through the combination of several strategies such as concrete panel replacement, milling and inlaying of hot-mix asphalt (HMA) road surfaces to match the concrete pavement on tapers and ramps. TBD
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
06/05/2024 06/05/2024 Ongoing Ecology, Department of New grant or loan program Improving Air Quality in Overburdened Communities Grants Program Section 3 of the Climate Commitment Act, RCW 70A.65.020, requires Ecology to take actions to reduce criteria air pollutant emissions in identified overburdened communities highly impacted by air pollution. To help meet these reduction requirements, Ecology is developing and implementing a new grant program to incentivize and support the reduction of non-regulated sources of criteria pollutant emissions in communities identified to be overburdened and highly impacted by air pollution. Ecology will lead an inclusive outreach effort to engage with Tribes, local municipalities, and non-governmental organizations in these communities to seek input on the design of the grant program. $10M will be available to organizations severing these communities to engage with people in their community towards the goal of identifying and developing local projects to improve air quality. Reducing criteria air pollution will improve air quality and protect public health in overburdened and highly impacted communities and will help to reduce environmental and health disparities. This grant program is supported with funding from Washington’s Climate Commitment Act (CCA). We will use a variety of methods to engage with people from overburdened communities and vulnerable populations to inform this work, including inviting formal consultation with Tribes and a virtual listening session for Tribal members and staff; virtual listening sessions for organizations serving overburdened communities, including community groups and local municipalities; an online public comment period; as possible, direct outreach and education, including tabling at community events and attending existing community meetings; web content; and GovDelivery distribution list. Outreach and engagement efforts will occur in May and June 2024 and focus on the communities Ecology identified as overburdened and highly impacted by air pollution and Tribes.
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
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.
04/09/2024 04/09/2024 Ongoing Commerce, Department of New grant or loan program Law Enforcement Vehicle Pursuit Technology Grant Program New program to provide law enforcement with grants for modern vehicle pursuit management technology (for example: GPS tracking equipment, automated license plate readers, aircraft, and non-armed and non-armored drones, etc.). Grants are for local law enforcement agencies (including tribal law enforcement agencies). Proposals must include a request for specific technology and a specific plan for implementation, use, and effectiveness reporting of that technology. Local law enforcement agencies seeking grants must: 1) Establish data-sharing and management policies; and (2) Establish policies ensuring all operating personnel are trained to use the requested technology and comply with the data-sharing and management policies mentioned in item 1 above. This program is expected to reduce the danger of pursuits in communities by giving law enforcement more efficient and modern tools. More technology being implemented may track additional data that may not have been historically tracked. Following a competitive process (RFP S24-34444-001) 18 contractors were selected for SFY '24. These are listed below: Omak Police Department Monroe Police Department Benton County Sheriff's Office Marysville Police Department Kirkland Police Department Woodland Police Department Everett Police Department Reardan Police Department Lake Forest Park Police Department Puyallup Police Department Cowlitz County Sheriff's Office Port Angeles Police Department in partnership with Lower Elwha Tribal Police Richland Police Department Washougal Police Department Olympia Police Department Yakima Police Department West Richland Police Department Spokane County Sheriff's Office In process: setting up a webpage, email engagement, and working with community engagement team internally.
03/29/2024 02/02/2024 Ongoing Ecology, Department of Capital project, grant, or loan award of at least $12 million Loan offer to Hartstene Pointe Water-Sewer District for Hartstene Pointe Sewer Collection System Improvements. The proposed action is to provide the Hartstene Pointe Water-Sewer District with $14 million of loan funding for system-wide repairs and the replacement and relocation of a deteriorated sewer main. The project location is the Hartstene Pointe Water-Sewer District Sewer Collection System on Hartstene Island in Mason County, adjacent to Puget Sound via Case Inlet. Hartstene Island is in the Treaty-reserved Usual and Accustomed Area of the Squaxin Island Tribe. Anticipated benefits from the improvements made with this loan include: • Preventing a main sewer line failure on a bluff directly above a marine environment. Such a failure would result in raw sewage flows into Puget Sound and shoreline, which is a serious risk for public health, geoduck harvesting and shellfish farming, and water quality. • Preventing rainwater and water underground from flowing into the sewer pipes through leaks and pipe connections (infiltration and inflow). Excess inflow and infiltration can overload the wastewater system and violate the facility’s National Pollutant Discharge Elimination System Permit. Permit violations result in fines to the local community, which can be burdensome. • This project will help restore Puget Sound because these changes directly improves the water quality (primarily to dissolved oxygen levels) of impaired portions of the Sound. Ecology plans to conduct engagements focused on connecting with overburdened communities and vulnerable populations beginning in April 2024 for the environmental justice assessment 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 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 Mason County and provide opportunities for their meaningful involvement in this funding decision. Ecology will also invite Tribal consultation with impacted Tribes, including but not limited to the Squaxin Island, Nisqually Indian, and Skokomish Tribes. Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov with any comments or questions, or visit the webpage below to stay informed.
03/29/2024 02/02/2024 Ongoing 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.

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