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. For a dashboard summarizing the assessments received to date, see the HEAL Act dashboards.
Date submitted |
Date initiated | Date completed | Agency | Type | Agency action | Description | Methods for providing public comment | Status | |
|---|---|---|---|---|---|---|---|---|---|
| 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 |
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| 12/10/2024 | 12/09/2024 | Ongoing | Commerce, Department of | New grant or loan program | SolarAPP+ Adoption for Local Governments | This program will help city and county governments transition to automated permit processing software for clean energy projects in order to accelerate permit processing and reduce administrative burden. The software can process permit applications for residential solar, battery energy storage, and main panel upgrades, and future versions may incorporate other clean energy technologies. | Email comments, GovDelivery emails, social media, survey. |
Ongoing |
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| 12/10/2024 | 12/10/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Organic Materials Management Rulemaking | Ecology is conducting rulemaking to update the solid waste handling standards related to organic materials management under chapter 173-350 WAC. The rule is aimed at reducing contamination in the organic waste going to organic waste handling facilities, such as commercial composting facilities. This rule will allow more facilities to compost food waste and help keep organic materials out of landfills by preventing and removing contamination before it is processed into compost. Ecology is also considering amendments to cover additional organic materials management practices. This rule will have state-wide impacts. | 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 begin outreach to overburdened communities in Spring 2025 and will host some listening sessions early in the rule development process to better understand how the Organic Management Law, and by extension the rule, may impact overburdened communities. Once Ecology has identified an overburdened community, vulnerable population, and affected Tribes, staff will connect with those community groups to learn how our work affects the experiences of people within those communities. |
Ongoing |
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| 12/03/2024 | 12/08/2023 | Ongoing | Health, Department of | New grant or loan program | Climate Health and Adaptation Initiative Community Capacity Building Grant Program | The CHAI Community Capacity Building grant program is a partnership among DOH and other state, federal, and academic entities designed to help communities address their self-identified needs in a changing climate. Applicants may apply for resources to provide community resilience planning, mental health support, local capacity building support and other needs for climate hazard resilience. | Visit https://doh.wa.gov/node/17638 for more information. For questions about the CHAI Community Capacity Building Grant Program or the environmental justice assessment, please contact staff at OEPHSShared@doh.wa.gov. |
Ongoing |
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| 12/03/2024 | 09/04/2023 | Ongoing | Health, Department of | New grant or loan program | Alternative Drinking Water Program | The DOH is conducting an Environmental Justice Assessment on the Alternative Drinking Water Program (ADWP). This program was created with 2023-2025 funding provided through ESSB 5187. The goal of the ADWP is to assist with access to safe drinking water if private wells or Group B water supplies are impacted by contamination. Group B systems serve fewer than 15 residential connections and less than 25 people per day. | • Keep up to date through the website https://doh.wa.gov/community-and-environment/drinking-water/water-system... • Sign up for electronic notices at odw-adwp@doh.wa.gov • For questions about the ADWP or the EJ Assessment, contact us at odw-adwp@doh.wa.gov |
Ongoing |
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| 12/03/2024 | 11/28/2023 | Ongoing | Health, Department of | New grant or loan program | School Climate Plus Indoor Air Quality Grant Program | The Department of Health (DOH) received 2023-2025 legislative funding through ESSB 5187 to supplement the Office of Superintendent of Public Instruction (OSPI)’s Small School District Modernization (SSDM) grant program. The SSDM program includes support for updates to heating, ventilation, and air conditioning (HVAC) systems in schools. The grant program is available to school districts that received SSDM 2021-2023 or 2023-2025 funding for HVAC improvements and that serve children and young people who are more vulnerable to extreme heat and wildfire smoke exposure. | Email comments to airquality@doh.wa.gov |
Ongoing |
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| 11/20/2024 | 11/20/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Chapter 173-423 WAC, Clean Vehicles Program Rulemaking | Ecology is considering amendments to Chapter 173-423 WAC, the Clean Vehicles Program rule. Washington law (RCW 70A.30.010) requires Ecology to adopt certain California regulations to maintain consistency with California’s emissions standards for new motor vehicles and engines. To date, Ecology has delivered on this Legislative requirement to adopt regulations consistent with the following California programs: Advanced Clean Cars, Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty Low NOx Omnibus standards. Ecology is currently considering amendments to Washington regulations that will track amendments to California’s Advanced Clean Trucks and Heavy-Duty Low-NOx Omnibus regulations currently adopted and/or under consideration by the California Air Resources Board (CARB). These amendments are important to streamline program implementation, provide additional compliance flexibility, and maintain consistency with other states and the federal government. The Advanced Clean Trucks regulations apply to medium- and heavy-duty engine and vehicle manufacturers and require zero-emission models to make up an increasing percentage of new vehicle sales in Washington, starting with engine model year 2025. The Heavy-Duty Low-NOx omnibus regulation applies to heavy-duty internal combustion engine manufacturers and requires them to meet more protective air quality standards, particularly on oxides of nitrogen and particulate matter, starting in model year 2026. Ecology is also inviting public input about additional California motor vehicle emissions standards the agency should consider adopting in a future rulemaking to comply with the requirements in Chapter 70A.30 RCW and efficiently and cost-effectively reduce greenhouse gas emissions from transportation in line with Washington’s greenhouse gas emissions reduction mandates in RCW 70A.45.020. | Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. Ecology will host an initial public information session on December 10, 2024 from 10:00 AM-Noon. As we schedule additional opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking 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. |
Ongoing |
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| 11/14/2024 | 10/10/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | State Route 99 Paving and Americans with Disabilities Act (ADA) Project - S. 272nd ST to State Route 516 Vicinity | This project will resurface the northbound and southbound lanes of State Route 99 from South 272nd Street to SR 516 to extend the pavement service life. Crews will grind and inlay new Hot Mix Asphalt (HMA), perform pavement repair, traffic loop replacement, striping and traffic control. Pedestrian curb ramps will be evaluated and updated as necessary to meet the Americans with Disabilities Act and current accessibility standards. | Community engagement will be conducted throughout the project. Specific engagement opportunities will be updated as the project advances. |
Ongoing |
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| 11/12/2024 | 09/30/2024 | 11/06/2024 | Natural Resources, Department of | Agency-request legislation | Surface Mine Reclamation Project | DNR Surface Mine Reclamation Program (SMRP) administers the Surface Mining Act (RCW 78.44), regulating the reclamation of over 850 surface mines across Washington state. Reclamation includes ensuring that when mining is complete, slopes on site are stable, storm water quantity and quality are similar in nature to pre-mining conditions, and the site is well-prepared for its designated subsequent use. SMRP is fully fee-funded and requires a fee increase in order to continue meeting its minimum regulatory legal requirements. The proposal will standardize permit application fees (all will cost $4,500) and will increase annual permit fees for private and some public mines from $2,000 to $3,500. It will increase annual fees for public mines that use their sites for public works projects from $0, $1,000, or $2,000 to $2,500. | SMRP convened two meetings of a stakeholder group to solicit feedback and discussion about this fee increase proposal. The stakeholder group comprises a group of small and large mining company representatives and public agency representatives. These are permit holders who operate mines across the state. SMRP has not solicited feedback from people from overburdened communities and vulnerable populations. DNR will formally invite Tribes 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. |
Completed ARL to amend RCW 78.44 to requires a fee increase in order to continue meeting DNR's minimum regulatory legal requirements. |
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| 10/24/2024 | 09/30/2024 | Ongoing | Health, Department of | Significant legislative rules | Group A Water Supply Rulemaking | The State Board of Heath (Board) and Washington Department of Health are conducting an environmental Justice assessment on proposed changes to regulations (WAC 246-290-315 and WAC 246-290-71006) to update Group A public water supply protections from certain chemicals called Per- and Polyfluoroalkyl Substances (PFAS). Group A systems have at least 15 service connections or serve at least 25 people per day for 60 or more days of the year. | If you are a Group A public water system owner/operator or identify as receiving your drinking water from a group A system and would like to share your thoughts, please contact us at drinkingwater@sboh.wa.gov |
Ongoing |
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| 10/14/2024 | 10/17/2023 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending chapter 16-303 WAC to increase seed certification fees | In response to a petition for rule making submitted by the Washington State Crop Improvement Association (WSCIA), the department is considering amending WAC 16-303-340 by increasing fees to align with the current cost of providing certification services, add quinoa as a crop that is certified under this section and otherwise align with the department’s seed certification rules and fees. | TBD |
Ongoing |
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| 10/14/2024 | 08/12/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Establishing a quarantine to prevent untreated firewood from entering Washington State | The department is considering establishing a quarantine of untreated out-of-state firewood to prevent the introduction of plant pests and bee pests. The movement of firewood containing plant pests and bee pests poses a threat to Washington’s forests, agricultural, and environmental interests. Eggs, larvae, and adult stages of many invasive insect pests can be carried on or inside firewood and are easily spread when firewood is moved from one location to another. Introductions of these invasive insect pests have destroyed forests and are costly to control. Such invasive plant pests include emerald ash borer, spongy moth, Asian longhorned beetle, spotted lanternfly, pine wood nematode, Sirex woodwasp, Japanese cedar longhorn beetle, and other insects and organisms that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants, or that can be considered bee pests. Many states, including Oregon, have already enacted firewood quarantines that prohibit out-of-state firewood that has not been properly heat-treated against pest organisms. These quarantines seek to prevent potentially infested firewood from entering the state and introducing invasive plant pests and bee pests. This firewood quarantine is necessary to disrupt a dispersal pathway for several invasive plant pests, especially wood-boring insects, and will help prevent their introduction into Washington. | TBD |
Ongoing |
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| 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 |
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| 10/10/2024 | 07/01/2024 | Ongoing | 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, |
Ongoing |
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| 10/03/2024 | 05/01/2024 | Ongoing | Commerce, Department of | New grant or loan program | Paper to Digital Grants | Commerce was tasked with implement the provisions of RCW 36.70B.241. The Legislature allocated $1.5 million for this purpose. Approximately $330,000 was available in unused funds to supplement this grant. This grant is intended to facilitate the conversion of city and county permit systems from paper based to fully digital systems. For example, some jurisdictions currently require paper applications with physical blueprints and internal paper routing and filing systems. These grants will help jurisdictions move to digital intake and processing allowing for remote applications and corrections and well as streamlined internal approval. This will help reduce the amount of time needed to approve permits and facilitate new residential construction. | Public comments were taken by the Legislature during adoption of SB 5290 (2023) which was codified after adoption as RCW 36.70B.241. A public meeting was held on July 25, 2024 via MS Teams to allow prospective applicants to learn of grant application requirements and ask questions. |
Ongoing |
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| 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 |
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| 10/02/2024 | 09/30/2024 | 12/02/2024 | Ecology, Department of | Capital project, grant, or loan award of at least $12 million | Northshore Levee 2023-25 Capital Budget Proviso | The purpose of this action came from the 2023 State Legislature which provided a 2023-25 Capital Budget appropriation for a one-time grant solely as state assistance to the cities of Aberdeen and Hoquiam to match federal funding for: * Aberdeen-Hoquiam flood protection project. * North shore levee. * North shore levee-west segments. Anticipated benefits from the 2023-25 Capital Budget proviso include providing matching 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 a levee, 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 23-25 Legislative provision in October 2024. OCB will conduct public engagement in October 2024, 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. |
Completed Cities of Aberdeen and Hoquiam Flood Protection Program: 2023 State Legislature Provision For a One-time Grant Project |
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| 10/02/2024 | 10/02/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Rulemaking to amend Chapter 173-443 WAC, Hydrofluorocarbons (HFCs) and Other Fluorinated Greenhouse Gases | Ecology is announcing a rulemaking to make amendments to Chapter 173-443 WAC. These will include, but are not limited to: revisions to WAC 173-443-075 to modify the sell-through provision, revisions to WAC 173-443-040 to modify the prohibitions for Automatic Commercial Ice Machines (ACIMs), and other necessary technical and administrative changes throughout the chapter. | Ecology is initiating this Environmental Justice Assessment as part of the rulemaking process and will provide engagement opportunities that include public meetings and comment periods, including engagement that will specifically focus on environmental justice. 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 Gopika Patwa at Gopika.patwa@ecy.wa.gov for comments or questions. |
Ongoing |
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| 09/27/2024 | 08/30/2024 | Ongoing | Commerce, Department of | New grant or loan program | Clean Building Performance Grants | The Energy Division was allocated funding from the State to support privately owned Tier 1 buildings and publicly owned Tier 1 and Tier 2 buildings pursuing compliance with the Clean Buildings Performance Standard, pending election results. | Public comments for this EJA can be submitted to buildings@commerce.wa.gov. |
Ongoing |
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| 09/26/2024 | 07/31/2024 | Ongoing | Commerce, Department of | New grant or loan program | Federal Clean Energy Tax Credit Assistance Program | The Energy Division was allocated funding from the state to support the development of a federal clean energy tax assistance program to provide free tax assistance and resources to eligible entities, with a focus on prioritizing community-based organizations, local governments, ports, tribes, and vulnerable populations in overburdened communities, to support the procurement of federal clean energy tax incentives. | Email messaging, 1:1 meetings, in-person workgroups, virtual meetings/webinars, conferences |
Ongoing |
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| 09/25/2024 | 08/07/2024 | Ongoing | Commerce, Department of | New grant or loan program | Federal Funds Grant Writing Assistance Program (FFGWAP) | The 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 participant survey; 1:1 intake sessions and meetings with contractor (Hagerty) and agency staff PUBLIC COMMENT IS OPEN ON THE DRAFT EJA LOCATED HERE: https://deptofcommerce.box.com/s/3qslblcjdns9nfspnuzd3izojxb2e80e. |
Ongoing |
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| 09/24/2024 | 08/21/2024 | 09/24/2024 | Commerce, Department of | Agency-request legislation | Proposed agency request legislation - Reducing rolling resistance of motor vehicle replacement tires | Commerce is proposing new agency request legislation and related funding in the 25-27 operating budget to create and implement energy efficiency standards for replacement tires. | Commerce will conduct both broad-based and focused engagement in the fall prior to introduction, including: A public workshop and/or listening session, held virtually to increase accessibility An online survey Inviting community based organizations who have engaged on the Transportation Electrification Strategy and other Energy Division activities to participate in engagement activities and/or smaller meetings Requesting information and feedback, written or through meetings, from small business tire retailers and fleets |
Completed Tire cost reduction act - reducing the rolling resistance of motor vehicle replacement tires |
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| 09/18/2024 | 09/13/2024 | Ongoing | Commerce, Department of | Agency-request legislation | Relating to the Transportation Electrification Strategy | Through the Washington Electric Vehicle Program (WAEVCP), the state makes critical investments in community-based electric vehicle charging infrastructure. Providing $105 million in the 25-27 biennial Capital budget will ensure the state can narrow gaps in charging access and keep pace with growing electric vehicle adoption. Charging investments are an essential component of the state’s strategy to limit greenhouse gas emissions as required in RCW 70A.45.020 and reach motor vehicle emission standards set in RCW 70A.30.010. This ARL also proposes maintaining current funding levels in the Operating budget for passenger vehicles and chargers to investment in strategies that more directly address EV infrastructure barriers. | Advisory groups, community meetings (as guest), listening sessions (as host), stakeholder interviews |
Ongoing |
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| 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 |
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| 09/13/2024 | 09/12/2024 | Ongoing | Ecology, Department of | Agency-request legislation | Solar Panel Takeback Program Delay | Ecology is submitting agency request legislation to request a delay in the effective dates in Washington’s Solar Panel Takeback Program law. The state’s clean energy transition is facing a setback if a provision in the solar panel stewardship and takeback program goes into effect on July 1, 2025. The agency request legislation will enable the industry to legally continue operating in the state while solutions are being developed and allows for the creation of a facilitated advisory committee to identify issues with the law and develop recommendations for adjustment. | Ecology will be conducting an Environmental Justice Assessment during the month of September. We will share information and opportunities for public comment on our website and through email. We intend to provide an online public meeting, individual and small group meetings. Additionally, Ecology will accept written and online public comments. |
Ongoing |
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| 09/10/2024 | 09/10/2024 | Ongoing | 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. |
Ongoing |
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| 09/05/2024 | 06/16/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | SR 525 Paver and Complete Streets Project | This project will grind and pave Hot Mix Asphalt (HMA) on both directions of the SR 525 Spur to the Mukilteo Ferry Terminal, to extend the pavement service life and preserve the roadway. In addition, this project will evaluate and replace/modify all pedestrian curb ramps within the project limits that do not meet ADA standards. | TBD |
Ongoing |
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| 09/05/2024 | 09/05/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Rule Making to Amend Chapter 16-202 WAC, Application of Pesticides and Plant Nutrients through Irrigation Systems | The Department is considering modifying the rules for chemigation and fertigation monitoring to incorporate present technological capabilities and potential future automation capabilities for application of pesticides and fertilizers through irrigation systems. | Govdelivery notification and website posting. |
Ongoing |
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| 09/05/2024 | 06/28/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | State Route 3 Gorst Area Planning and Environmental Linkages Study | In June 2024, WSDOT will begin a Planning and Environmental Linkages (PEL) study to look at State Route 3 in Gorst. The PEL will allow WSDOT to meet with a variety of stakeholders. These include regulatory agencies, the Suquamish Tribe, local governments and all users of the highway. During this process, WSDOT will work with these groups to define a purpose and need. WSDOT will also present and discuss design options for SR 3 near Gorst. These options will then go through an environmental process. This study looks at adding a lane to SR 3 in each direction from Gorst to SR 304. It also explores elevating the roadway through Gorst, replacing the Navy’s railroad crossing of SR 3 and replacing nearby fish barriers. | Various methods are still to be determined, but you can register your email address at the website linked below to stay up to date on this effort as changes occur. |
Ongoing |
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| 09/05/2024 | 05/15/2024 | Ongoing | Commerce, Department of | New grant or loan program | Distribution of the Community Reinvestment Account: Economic Development | The development and adoption of any new grant or loan program that a covered agency is explicitly authorized or required by statute to carry out. | Advisory Groups Community Meetings (as guest), Focus Groups, GovDelivery Emails, Stakeholder Interviews and Steering Committee. |
Ongoing |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 08/15/2024 | 08/15/2024 | 09/06/2024 | Commerce, Department of | Agency-request legislation | Enabling Compliance with the Clean Buildings Performance Standard | 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 Enabling Compliance with the Clean Buildings Performance Standard |
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| 08/09/2024 | 08/09/2024 | 09/13/2024 | Ecology, Department of | Agency-request legislation | Climate Resilience Governance | RCW 70A.05 requires Ecology, in coordination with other partner agencies, to recommend a durable governance structure for coordinating and implementing the state’s climate resilience strategy by September 30, 2024. This legislation would establish the recommended governance structure. It will ensure the state has an ongoing mechanism for strategic alignment, collaboration, transparency, and accountability across the many state agencies that can support and advance greater climate resilience in Washington. | A public comment period was held on the draft climate resilience strategy, including the proposed governance structure. Public comments on the EJ Assessment can be provided by email to agency staff at: jennifer.hennessey@ecy.wa.gov. Ecology plans to reach out to and meet with representatives of environmental justice organizations to gather additional input on the EJ Assessment and the proposed significant agency action. |
Completed Agency Request Legislation: Interagency Climate Resilience Coordinating Council An Environmental Justice Assessment (per RCW 70A |
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| 08/09/2024 | 08/09/2024 | 09/30/2024 | Ecology, Department of | Agency-request legislation | Wood Stove Standards | The Department is proposing legislation that would allow the agency to review and verify the results of required EPA tests for wood burning stoves to ensure stove performance data is reliable. This will allow Ecology to ensure stoves truly meet national standards so that consumers and residents can have confidence in the performance of the devices installed in their homes. | Ecology plans to conduct public engagement in August and early September of 2024, with outreach focused on people from overburdened communities, vulnerable populations, and Tribes, for the purpose of developing this Environmental Justice Assessment. Ecology will provide a variety of ways for the public to provide input to inform this Environmental Justice Assessment, including: online public meetings, individual and small group meetings with interested parties, and online public comments. We will also reach out to groups with an environmental and environmental justice focus and community-based groups by email and phone to see if they would like to provide input for this assessment. We will also provide a summary of the proposal to Tribes and provide an opportunity for government-to-government consultation. As we schedule opportunities for public feedback and participation, we will share them through our website. |
Completed Wood Stove Standards Agency Request Legislation: An Environmental Justice Assessment (per RCW 70A.02.060) |
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| 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 |
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| 08/02/2024 | 08/02/2024 | 07/23/2024 | Commerce, Department of | Agency-request legislation | Advancing Washington’s Green Electrolytic Hydrogen and Renewable Fuels Economy | This ARL will advance several key recommendations from Commerce’s recent green hydrogen and renewable fuels legislative report in order to support hydrogen deployment in Washington. Key items include: establishing a formal state target for in-state green electrolytic hydrogen production; creating a new tax incentive and grant program for hydrogen end users to help direct hydrogen to the most strategic sectors; and advancing environmental justice recommendations including hydrogen combustion testing to assess NOx emissions. | Please email comments to Shannon Pressler, Engagement Specialist, at shannon.pressler@commerce.wa.gov |
Ongoing |
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| 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 |
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| 07/31/2024 | 07/25/2024 | Ongoing | Commerce, Department of | Agency-request legislation | Extending public records act exemptions at the Department of Commerce | Running an agency request legislation to extend public records act exemptions at the department of commerce | N/A |
Ongoing |
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| 07/30/2024 | 05/10/2024 | 10/02/2024 | Commerce, Department of | Agency-request legislation | Housing- and Homelessness-Related RCW Changes | This proposal seeks to make seven (7) RCW changes to streamline and clarify statutes related to housing and homelessness programs operated by Commerce. | Tribal engagement and survey |
Completed Housing and Homelessness Related RCW Changes ARL |
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| 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 |
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| 07/29/2024 | 03/04/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | State Route 7 Pre-design Study | WSDOT has a safety improvement project on State Route 7 between SR 507 and 267th Street. The project will build roundabouts at 260th Street E, 224th Street E, 22nd Avenue E and at SR 507. This pre-design study will also use Complete Streets to identify safety and accessibility improvements for everyone along and across SR 7 including active transportation users. Recommended improvements will become part of this project. | TBD |
Ongoing |
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| 07/29/2024 | 04/01/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | State Route 162 Center Turn Lane Planning and Pre-design Study | SR 162 is an important north-south link through east Pierce County. It moves people and goods and connects the cities of Sumner and Orting, and the Orting Valley. This study will use data to develop recommendations that will help improve safety, access, and mobility. During the study, WSDOT will work with local community representatives and government leaders. Recommendations published in the final study report will be used to pursue funding for design and construction. | TBD |
Ongoing |
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| 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 |
Completed Victims of Crime Act (VOCA) Stabilization - Agency Request Legislation (ARL) |
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| 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 It's ongoing |
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| 07/25/2024 | 07/25/2024 | 09/23/2024 | Commerce, Department of | Agency-request legislation | Reducing lead exposure through safe work practices | The Lead Based Paint program at Commerce helps prevent lead exposure through certification, accreditation, enforcement, and compliance with lead-safe work practices. This agency request legislation (ARL) would update RCW 40A.420 to allow for rulemaking to set certification fees, update outdated rules, and clarify that Commerce is at least as protective as federal and state regulations. It supports efforts to reduce lead exposure in houses or child-occupied facilities built prior to 1978. Lead based paint is extremely harmful and toxic to the environment and human health. | The Lead Based Paint program has notified its stakeholders of the proposed agency-request legislation and is requesting feedback via email, electronic survey, and/or virtual meeting. |
Completed Reducing Lead Exposure through Safe Work Practices - Lead Based Paint - Agency Request Legislation (ARL) N/A |
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| 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. |
Ongoing |
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| 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. |
Ongoing |
