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 | |
|---|---|---|---|---|---|---|---|---|---|
| 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 | CRP Economic Development Category | 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 | Ongoing | 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. |
Ongoing |
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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 | Ongoing | 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. |
Ongoing |
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| 08/21/2024 | 06/20/2024 | Ongoing | Commerce, Department of | Agency-request legislation | ADO Governing Statute Update | Proposed ARL - WEDA will be submitting proposed language around updating their funding statute to lift the $300K cap on ADO funding. Currently, this prohibits King, Pierce and Snohomish Counties from receiving funding increases due to this cap. The demands on these economic development partners have only increased and the legislature has a desire to give the opportunity for all ADOs to receive funding increases. | WEDA (Washington Economic Development Association), brought forward the requests for the ARL. WEDA is the Association body that represents ADO's within their membership. |
Ongoing |
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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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| 08/21/2024 | 08/20/2024 | Ongoing | Commerce, Department of | Agency-request legislation | Relating to reducing rolling resistance of motor vehicle replacement tires (Tire Cost Reduction Act) | Rolling resistance of tires has a significant effect on the fuel efficiency of motor vehicles, and the sales of high rolling resistance replacement tires when low rolling resistance tire technology is in use by new vehicles costs the average gasoline vehicle driver the equivalent of approximately 50% of the state gas tax. This SAA proposes legislation and requests funding needed to implement agency request legislation to create energy efficiency standards for replacement tires. EJA Draft linked for public comment. | Advisory groups Email comments GovDelivery Emails Stakeholder Interviews Web-based comment form |
Ongoing |
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| 08/15/2024 | 08/15/2024 | Ongoing | Commerce, Department of | Agency-request legislation | Increasing Compliance Pathways for 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. |
Ongoing |
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| 08/09/2024 | 08/09/2024 | Ongoing | 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. |
Ongoing |
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| 08/09/2024 | 08/09/2024 | Ongoing | 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. |
Ongoing |
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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 | Ongoing | 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 |
Ongoing |
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| 07/30/2024 | 05/10/2024 | Ongoing | 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. |
Ongoing |
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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 | Ongoing | 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 |
Ongoing |
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| 07/25/2024 | 07/25/2024 | 08/28/2024 | 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 |
Ongoing Reentry Council ARL It's ongoing |
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| 07/25/2024 | 07/25/2024 | 08/27/2024 | Commerce, Department of | Agency-request legislation | Change to Lead Based Paint statute | Change to RCW to allow for rulemaking to set certification fees and update outdated rules | Email comments, Surveys |
Ongoing Lead Based Paint 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 |
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| 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. |
Ongoing |
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| 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. |
Ongoing |
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| 07/18/2024 | 07/18/2024 | Ongoing | 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. |
Ongoing |
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| 07/18/2024 | 07/18/2024 | Ongoing | 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. | Those that have comments or feedback on the EJ assessment for the green electrolytic hydrogen and renewable fuels ARL can email them to Shannon Pressler, Engagement Specialist, at shannon.pressler@commerce.wa.gov. |
Ongoing |
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| 07/11/2024 | 06/25/2024 | Ongoing | Commerce, Department of | Agency-request legislation | WSBO Program Update, including SBO Goals Update and Transfer of the administrative duties for the Digital Equity Forum to the Office of Equity | This Agency Request Legislation will accomplish two things. First, to formally move the administration of the Digital Equity Forum to the Office of Equity. Second, we also plan to update WSBO goals in RCW 43.330.536 to better align with the current work in PWB, CERB and the SBO. | Input for this ARL can be provided using our public comment form. https://app.smartsheet.com/b/form/78649f9ca0b74d35854a7e817bd0e349 |
Ongoing |
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| 06/27/2024 | 05/30/2024 | Ongoing | Commerce, Department of | New grant or loan program | Washington Families Clean Energy Credits Grant Program | The Washington Families Clean Energy Credits Grant Program dedicates $150 million to assist low- and moderate-income households with the clean energy transition. This initiative will offer bill credits of $200 per income qualified household to eligible residential customers through their electric utility provider.The Department of Commerce will distribute grants to all utility companies in Washington, enabling them to pass on $200 bill credits to customer accounts by September 15, 2024. | March - September 2024: Community Meetings (as guest) Email comments OTHER Print Media Web-based comment form A call center may be supported and furnished with Commerce's administrative funding. However, this has not yet established in contract. |
Ongoing DRAFT: WA Families Clean Energy Credits Grant Program |
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| 06/27/2024 | 06/27/2024 | Ongoing | Health, Department of | Significant legislative rules | Primary and Secondary School Environmental Health and Safety Standards | The State Board of Health (Board), in collaboration with the Department of Health (Department) is conducting an Environmental Justice Assessment for proposed rules regulating environmental health and safety standards for K-12 schools. This rulemaking is required by a budget proviso that was included in the Washington State 2024 supplemental operating budget, (Section 222, subsection 159, page 492). The new chapter will establish updated, minimum statewide health and safety standards for schools and formalize school environmental health and safety inspection procedures. Topics that may be addressed in proposed rules are: • Indoor air quality including heating, cooling, and ventilation • Water quality • Noise • Moisture and mold • Lighting • Restrooms/showers • Playgrounds • Laboratory and shop safety • Sewage • Food safety | ~ May 2024: Invite Technical Advisory Committee (TAC) Members - The proviso named specific organizations to work in collaboration with the Board to update the rules as part of a technical advisory committee (TAC). A full list of required representatives can be found on the agency webpage linked. The Board will include additional members such as Parent-Teacher Organizations, Teachers Unions, Students, and private schools. ~ Aug 2024 – Nov 2024: TAC Meetings - Work with members of the TAC to draft rule language and discuss implementation. TAC meetings are open to the public and everyone is welcome to join. ~ Dec 2024: Focus Groups- Virtual and in-person meetings will be held to discuss preliminary draft language to help the Board rulemaking team make informed decisions about finalized draft rule language. These meetings will take place across Washington state. All members of the public are welcome to participate in these focus groups. ~ Dec 2024: Informal Comment Period - Invite all interested parties to review and share feedback on the draft rule language. All members of the public are welcome to provide comments during the informal comment period. |
Ongoing |
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| 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. |
Ongoing |
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| 06/13/2024 | 06/13/2024 | Ongoing | Ecology, Department of | Other | Potential linkage of Washington’s Cap-and-Invest carbon market with the joint California-Québec carbon market | As required by the Climate Commitment Act (CCA), Ecology is investigating the option of linking Washington’s Cap-and-Invest carbon market with the California-Québec carbon market. Through linkage, 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. The law also requires Ecology to evaluate specific criteria to ensure linkage would benefit Washington’s communities, economy, and climate goals. Ecology is pursuing linkage with California and Québec based on a preliminary analysis that joining a larger carbon market will lead to lower and more consistent allowance prices, benefitting businesses and consumers in Washington. This Environmental Justice Assessment is separate from the Environmental Justice Assessment being conducted on the Cap-and-Invest Linkage Rulemaking. Additionally, Ecology previously conducted an Environmental Justice Assessment on the 2024 carbon market linkage agency request legislation (Senate Bill 6058). We will consider input received through those other linkage related Environmental Justice Assessments in this Assessment. While the completion of each of these Environmental Justice Assessments is a separate legal obligation, Ecology intends to approach them as a comprehensive, iterative process of engagement and consultation that will continually inform our awareness and understanding of potential impacts as well as potential methods to minimize or eliminate harms and maximize benefits for vulnerable populations and overburdened communities. All of these processes must be complete before Ecology can sign a linkage agreement. | Ecology plans to conduct public engagement starting in summer 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 ask if groups are hosting meetings that Ecology can participate in to share information, answer questions, and continue to gather input. As we schedule opportunities for feedback and participation, we will share them through our website and email distribution list. Visit the linkage webpage at cca.wa.gov/linkage for updates or email us at CCALinkage@ecy.wa.gov with comments or questions. |
Ongoing |
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| 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. |
Ongoing |
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| 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. |
Ongoing |
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| 05/21/2024 | 03/22/2024 | 06/25/2024 | Agriculture, Department of | Significant legislative rules | WSDA Grain Inspection Program’s Rulemaking for Chapter 16-240 WAC: Definitions, Standards, and Fees | WSDA is proposing to amend Chapter 16-240 WAC by increasing some of the Grain Inspection Program fees, revising some of the fee structures to more accurately reflect the scope of services provided (including but not limited to adding fees for services that are not specifically identified) and to clarify language to ease in the understanding of the 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. |
Completed An Environmental Justice Assessment Of the Rulemaking for Chapter 16-240 WAC, WSDA Grain Inspection Program - Definitions, Stand |
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| 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 |
Ongoing |
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| 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. |
Ongoing |
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| 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. | Public comment on EJA draft linked below 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. |
Ongoing |
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| 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. |
Ongoing |
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| 05/02/2024 | 05/02/2024 | 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. |
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| 04/18/2024 | 08/28/2023 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | SR 900/57th Ave S to S 135th – Environmental Justice Assessment | Construct buffered shared-use-path; pedestrian illumination; retaining wall, ADA-compliant curb ramps, relocate signal cabinet; upgrade and relocate pedestrian push buttons to Accessible Pedestrian Signals; new traffic controls, and marked pedestrian crossings. The combination of elements will altogether reduce the level of stress for users. | To be determined. |
Ongoing |
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| 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. |
Completed An Environmental Justice Assessment of the Establishment of Chapter 16-310 WAC, Accreditation of Cannabis Laboratories |
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| 04/11/2024 | 04/11/2024 | 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. |
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| 04/11/2024 | 09/15/2023 | Action did not move forward | 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. |
Action did not move forward Discovered that an EJA is not required for this action |
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| 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. DRAFT EJA LINKED FOR PUBLIC COMMENT |
Ongoing Washington’s 40101(d) Grid Resilience Funding |
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| 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. |
Ongoing |
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| 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. |
Ongoing |
