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Environmental justice assessment notices

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

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

An environmental justice assessment is a process to:

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

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

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

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

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

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

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

Date submittedsort ascending Date initiated Date completed Agency Type Agency action Description Methods for providing public comment Status
11/22/2023 11/22/2023 Ecology, Department of Significant legislative rules Rulemaking to amend chapter 173-305 WAC Hazardous Waste Fee Regulation The Washington State Department of Ecology (Ecology) plans to amend chapter 173-305 WAC, Hazardous Waste Fee Regulation. This rulemaking will focus on clarifying how we implement the Hazardous Waste Fee Regulation, including the Hazardous Waste Planning Fee (planning fee). We will also make updates throughout the chapter to reflect new statutory references and improve clarity. The planning fee does not clarify how we calculate the fee for an individual waste stream that designates as both dangerous waste (DW) and extremely hazardous waste (EHW). This rulemaking will clarify how we calculate the planning fee for this type of waste stream. It will also better explain how we implement chapter 173-305 WAC by making the current language concise and easier to understand. Improved clarity in this rule may help communities and individuals navigate complex administrative processes. In addition, clear and concise rules facilitate better compliance, streamline efficiency to government services, and enhance trust in the fairness of the regulations. Before we adopt the new rule, we plan to offer our stakeholders and the public at large an opportunity to participate in the rulemaking process by holding a formal public comment period. For the purposes of this assessment, we plan to follow a strategic outreach plan specifically directed at engaging communities located in areas characterized as overburdened using existing data and resources. The rulemaking webpage will be updated to incorporate upcoming opportunities and methods to communicate with us before the rule is formally adopted. The public may also email us directly by sending comments to the resource mailbox, hwfeerule@ecy.wa.gov. In May 2023, we held two informational webinars during which we described the purpose of this rulemaking and asked for initial feedback on this rule amendment.
11/20/2023 11/20/2023 12/31/2023 Natural Resources, Department of Agency-request legislation Tribal Interlocal Agreements This Significant Agency Action is Agency Request Legislation (ARL). This ARL amends RCWs 7.84.140 and 43.12.065 to authorize the Commissioner of Public Lands to enter into collaborative law enforcement agreements with federally recognized Tribes. This ARL does not require DNR or any federally recognized Tribe to enter into such an agreement. Comments may be submitted to DNR's Legislative Affairs team (legsession@dnr.wa.gov). Technical questions may be directed to the DNR Deputy Chief Operating Officer (leonard.young@dnr.wa.gov, 360-628-4200). Completed
Tribal Interlocal Agreements
11/20/2023 09/26/2023 Ongoing Commerce, Department of New grant or loan program Grants to Community-Based Organizations to Support Participation in Local Planning The department shall establish funding levels for grants to community-based organizations for the specific purpose of advancing participation of vulnerable populations and overburdened communities in the planning process during the GMA periodic update cycle. Commerce will send out a GovDelivery email to elicit comments via email and a web-based comment form. Ongoing
11/16/2023 11/16/2023 Ongoing Health, Department of Significant legislative rules Private Detention Facilities Rule Making The Department of Health (DOH) is conducting an environmental justice assessment for rulemaking related to Chapter 70.395 RCW, which allows DOH to investigate complaints and perform health and safety inspections in private detention facilities. This is to ensure facilities meet safety and hygiene standards and provide safe conditions for people being detained. The Office of the Assistant Secretary (OAS) has participated in listening sessions with several advocacy groups and shared information regarding private detention facility rulemaking activities. OAS has created a program webpage (https://doh.wa.gov/about-us/executive-offices/prevention-safety-and-heal...) where the public can learn about rulemaking steps including upcoming listening sessions, anticipated time frames when the public can participate in multiple workgroup sessions to draft rule language, and timeframes for the informal proposed rule public comment period. Interested parties can e-mail comments directly to: privatedetentionfacilites@doh.wa.gov. Ongoing
11/09/2023 11/09/2023 Ongoing Puget Sound Partnership Other Science Work Plan for 2025-2029 The Puget Sound Partnership is developing the Science Work Plan (SWP) for 2025-2029. In this plan the Partnership’s Science Panel will identify and prioritize science work actions and make broader recommendations to improve science in support of Puget Sound recovery. The SWP for 2025-2029 should be adopted by the Leadership Council no later than December 2024 so that it can be used to guide the solicitation of Puget Sound Scientific Research projects for the 2025-2027 biennium. The public may comment at any time by sending a message to the staff contact identified on the agency webpage below. The Partnership will discuss this project at Science Panel meetings in December 2023 and throughout 2024. During early phases of plan development, January through March 2024, the Partnership will engage with Tribes and community-based organizations to hear their perspectives on science (information) needs and ways to improve science support of Puget Sound recovery. The Partnership anticipates inviting formal Tribal government to government consultations prior to formal adoption of the final Plan. Ongoing
11/01/2023 11/01/2023 Ecology, Department of Significant legislative rules Rulemaking announcement: Amending Emergency Drought Relief, 173-166 WAC Ecology is beginning a rulemaking to amend Chapter 173-166 WAC to streamline administration of emergency drought funding when a drought is declared. As droughts become more common with a changing climate, an updated drought rule will provide increased efficiency and transparency of emergency drought relief when a drought is declared. With the establishment of a permanent source of funding, an update to the rule will help streamline the process to distribute funding upon a drought declaration. This statewide rule amendment is also intended to consider options to integrate equity strategies into emergency drought funding distribution procedures, including considerations identified under the Healthy Environment for All Act. Eligible entities for emergency drought funding are (according to law, RCW 43.83B). • Federally recognized Tribes • Counties, cities, and towns • Water and sewer districts • Public utility districts • Port districts • Conservation districts • Irrigation districts • Watershed management partnerships Ecology plans to conduct engagement for this assessment in late winter and early spring 2024 that focuses on assessing impacts to overburdened communities and vulnerable populations, alongside the rulemaking engagement. This will likely include virtual meetings, online public comments, and outreach with community-based organizations, including agricultural related. As Ecology plans out engagement opportunities for this assessment, they will be posted at the link below at the water resources program email list (https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA...).
10/19/2023 10/19/2023 01/14/2024 Ecology, Department of Agency-request legislation Carbon market linkage changes The Department of Ecology is considering proposing legislation that would modify the Cap-and-Invest Program to allow linking the Washington’s carbon market with the joint California-Quebec market, creating a single shared market. A legislative proposal will only be put forward for consideration if Ecology’s Director decides to pursue linkage. Parts of the law that might be proposed to be amended include, but are not limited to, changes to purchase limits, auction application timelines, and other provisions The public may comment at any time by visiting the agency webpage below. The Department will also host two public listening sessions on this agency request legislation on Wednesday, Oct. 25, at 5 p.m and Thursday, Oct. 26, at 9 a.m. More information on the listening session is located on the agency webpage.
Cap-and-Invest Program Agency Request Legislation
10/19/2023 09/19/2023 Ongoing Commerce, Department of New grant or loan program Transit Oriented Development of Affordable Housing - Match Program Grant program to provide funding for housing projects with a minimum affordable component. Project eligibility is heavily prescribed in terms of size (minimum 100 units) and location (maximum distances from "rapid transit corridors"). The location element effectively restricts potential project sites to a very limited number of locations - almost exclusively in the Seattle-to-Tacoma region. The form of assistance to be provided is also dictated. Projects must include private funding - though no match level (e.g. 1:1, 1:4) is specified. Notification of SAA, with a draft implementation plan, was provided via GovDelivery. A specific email address has been established for stakeholder comment; this email address was provided in the GovDelivery message. A brief survey covering major points of the draft plan was created; a link to this was also included in the GovDelivery message. A public webinar describing the draft plan and providing an opportunity for public comment to be recorded has been scheduled for 10/23; this was announced via the GovDelivery message and posted to the Commerce website. Moving forward, Commerce will act through its Outreach unit to engage potentially affected communities directly. Ongoing
10/18/2023 09/26/2023 Ongoing Commerce, Department of New grant or loan program WA Electric Vehicle Charging Program Given the mission is simple: to reduce emissions, improve air quality and promote equitable access to electric vehicle charging infrastructure. The program offers $64 million in awards for organizations installing EV chargers at certain sites, with a focus on multifamily housing, publicly available charging and tribal locations. The Washington Electric Vehicle Charging Program helps fund infrastructure that supports clean transportation in communities across Washington. We're reducing transportation emissions, improving air quality, and ensuring EV charging access for all. This new grant program includes program design, project initiation, outreach and technical assistance to the community, award selection, and project implementation to reach the goal of facilitating the installation of at least 200 direct current fast charging (DCFC) ports and 2,000 Level 2 (L2) charging ports across Washington. Throughout the community engagement, outreach, and technical assistance process, public comment and feedback is being collected with a focus on assessing opportunities, barriers, and mitigation suggestions by participants and the community. EJA OPEN FOR PUBLIC COMMENT AT LINK BELOW Zoom webinar about the program and the EJA: When: Sep 12, 2024 04:00 PM Pacific Time (US and Canada) Topic: WAEVCP EJA Public Comment Webinar Register in advance for this webinar: https://wastatecommerce.zoom.us/webinar/register/WN_77dWs2foTc-e5yB9BawHJg Ongoing
Electric Vehicle Infrastructure Grant Program
09/14/2023 09/14/2023 Ecology, Department of New grant or loan program Water Security Drought Grant Initiative Ecology is developing a new pilot grant initiative focused on local water security preparedness and planning in the context of drought. In 2024, Ecology will make $1.8 million available statewide via competitive grants for Tribes and local applicants to plan for future water security. These plans will identify the specific actions, and associated costs and timeframes, a local community intends to take to increase its water supply security as it faces the burden of intensifying severity and expanding drought conditions as our climate continues to change. While designed to benefit all members of a given local community, this water security grant program will prioritize the water security for Federally recognized Tribal governments, overburdened communities, and vulnerable populations. Ecology invites comments and questions from people in overburdened communities and vulnerable populations, including water systems that include overburdened and vulnerable members of that community. Information about the EJ Assessment and the grant program are available on the program website. Members of the public can direct their comments to Caroline Mellor, Water Resources HEAL ACT lead at Caroline.Mellor@ecy.wa.gov.
09/13/2023 08/31/2023 Action did not move forward Ecology, Department of Agency-request legislation Dredge-and-fill permit program Ecology is proposing legislation that would direct the agency to establish a permit program and grant authorization to consider a fee for a “dredge-and-fill” permit that is being developed in response to the recent Supreme Court decision in Sackett v. Environmental Protection Agency The public may comment at any time by visiting the agency webpage below. The Department will also host two public listening sessions on this agency request legislation on October 5, 2023, at 3:00 pm and 5:30 pm. More information on the listening session is located on the agency webpage. Action did not move forward
Ecology did not ultimately pursue this legislation.
09/13/2023 09/13/2023 11/28/2023 Commerce, Department of Agency-request legislation Repealing the greenhouse gas content calculation requirement in RCW 19.405.070 This bill repeals a statute enacted in 2019 that requires that electric utilities submit to Commerce a calculation of the greenhouse gas content of the electricity they supply to their customers. This report is unnecessary because more complete and stringent reporting requirements were enacted by the Legislature in 2021. This bill would not result in any positive or negative environmental or health outcomes for communities in Washington and is therefore found to not be SAA. The public may provide comments during committee public hearings in the legislative session, but Commerce does not plan to conduct additional outreach. Completed
Repealing the greenhouse gas content calculation requirement in RCW 19.405.070
09/12/2023 09/12/2023 Ecology, Department of Significant legislative rules Cap-and-Invest Offsets Rulemaking (Chapter 173-446 WAC) Ecology is considering amendments to Chapter 173-446 WAC to address new and revised cap and invest offset protocols. Offsets are projects or programs designed to reduce the amount of greenhouse gases (GHGs) in the atmosphere. In Washington’s cap-and-invest program, offset projects must also provide direct environmental benefits to our state. Offsets allow businesses to balance out the negative impacts of their emissions by funding a project that benefits the environment such as capturing methane on dairy farms or planting trees in urban areas. The scope of this rulemaking will include consideration of protocol updates or addition of new protocols to increase the potential variety of offset projects that can be developed within the cap-and-invest program, as directed by RCW 70A.65.170(4)(b). This statute directs Ecology to conduct rulemaking that ensures that any updates or additions to the offset program are both based in the best available science, and support the needs of landowners and communities in Washington state. Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA... . Please contact Nikki Harris at nikki.harris@ecy.wa.gov for comments or questions.
09/08/2023 08/31/2023 11/28/2023 Commerce, Department of Agency-request legislation Buy Clean and Buy Fair This bill would address embodied carbon by requiring reporting on environmental and workforce impacts associated with the production of building materials used in state building construction projects. The key provisions in this bill include reporting on three categories of building materials (concrete, steel, and wood) used in covered projects, development of a database to track data, manage compliance, and promote transparency, and convening a technical work group to provide recommendations on future policy and program development. Public comments for Buy Clean and Buy Fair can be directed to seep@commerce.wa.gov. The State Efficiency and Environmental Performance Office (SEEP) will work with the Community Engagement and Tribal Relations teams at Commerce to schedule virtual and in-person outreach and engagement opportunities. Additional details on outreach strategies are included in the environmental justice assessment for Buy Clean and Buy Fair. Completed
Buy Clean and Buy Fair Legislation
08/25/2023 08/01/2023 09/13/2023 Agriculture, Department of Agency-request legislation Private Cannabis Lab Accreditation Transition from Ecology to WSDA This significant agency action moves the authority to conduct lab accreditation of private cannabis laboratories from the Dept. of Ecology to WSDA. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly in any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. Completed
An Environmental Justice Assessment of Transferring the Authority to Accredit Cannabis Labs from ECY to WSDAs
08/25/2023 08/01/2023 03/04/2024 Agriculture, Department of Agency-request legislation Agricultural Pest and Disease Revolving Funds This significant agency action establishes permanent funding to prepare for, prevent, detect, contain, and eradicate identified agricultural pest and disease threats before they become established and authorizes funding for WSDA to take immediate actions to build capacity, execute rapid response, and maintain trade resiliency. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly in communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. Completed
An Environmental Justice Assessment of the Establishment of an Agricultural Pest & Disease Revolving Fund
08/01/2023 08/01/2023 05/20/2024 Health, Department of Significant legislative rules Drinking Water State Revolving Fund Program Rulemaking The Department of Health (DOH) is conducting an environmental justice assessment for rulemaking under the Drinking Water State Revolving Fund (DWSRF) program (Chapter 246-296 WAC). Through this rulemaking, we will determine qualifications for "disadvantaged community" status within this program. The DWSRF program supports safe and reliable drinking water by providing infrastructure loans, grants, and loan principal forgiveness for public water systems across Washington. The DWSRF team has shared draft criteria and tools for identifying "disadvantaged communities" on the DWSRF website (https://doh.wa.gov/community-and-environment/drinking-water/water-system...) and comments can be sent to DWSRF@doh.wa.gov. We are also planning virtual and in-person community engagement events to take place from August 2023 - January 2024. After draft rule language is posted (anticipated April 2024), we will hold a 60-day formal public comment period (anticipated April - May 2024). Completed
EJ Assessment Report: Chapter 246-296 WAC a Rule Concerning Drinking Water State Revolving Fund Loan Program
07/21/2023 07/18/2023 Ongoing Puget Sound Partnership Capital project, grant, or loan award of at least $12 million PSAR Large Capital Grant Round Request for Proposals The Puget Sound Acquisition and Restoration large capital grant round requested proposals for projects that recover salmon and protect and recover salmon habitat in Puget Sound. The state legislature appropriates money for PSAR every 2 years in the Capital Budget. The projects selected and ranked on a Capital Projects list will be part of the Capital Budget request submitted for the 2025 Legislative session. Community engagement followed our agency's draft community engagement and tribal engagement policies. The Salmon Team with guidance from our Environmental Justice Team scheduled outreach opportunities, offered tribal consultation, and provided an online public comment form to collect responses. Ongoing

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