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 | |
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03/29/2024 | 02/02/2024 | Ongoing | Ecology, Department of | Capital project, grant, or loan award of at least $12 million | Loan offer to Hartstene Pointe Water-Sewer District for Hartstene Pointe Sewer Collection System Improvements. | The proposed action is to provide the Hartstene Pointe Water-Sewer District with $14 million of loan funding for system-wide repairs and the replacement and relocation of a deteriorated sewer main. The project location is the Hartstene Pointe Water-Sewer District Sewer Collection System on Hartstene Island in Mason County, adjacent to Puget Sound via Case Inlet. Hartstene Island is in the Treaty-reserved Usual and Accustomed Area of the Squaxin Island Tribe. Anticipated benefits from the improvements made with this loan include: • Preventing a main sewer line failure on a bluff directly above a marine environment. Such a failure would result in raw sewage flows into Puget Sound and shoreline, which is a serious risk for public health, geoduck harvesting and shellfish farming, and water quality. • Preventing rainwater and water underground from flowing into the sewer pipes through leaks and pipe connections (infiltration and inflow). Excess inflow and infiltration can overload the wastewater system and violate the facility’s National Pollutant Discharge Elimination System Permit. Permit violations result in fines to the local community, which can be burdensome. • This project will help restore Puget Sound because these changes directly improves the water quality (primarily to dissolved oxygen levels) of impaired portions of the Sound. | Ecology plans to conduct engagements focused on connecting with overburdened communities and vulnerable populations beginning in April 2024 for the environmental justice assessment of this loan offer. Ecology conducted public engagement in February and March of 2024, with an online webinar and public comment period. We will respond to comments regarding environmental justice, overburdened communities, or vulnerable populations with vulnerabilities impacted by the action and seek further involvement to address concerns. Through methods yet to be determined, Ecology will identify additional opportunities to engage overburdened communities in Mason County and provide opportunities for their meaningful involvement in this funding decision. Ecology will also invite Tribal consultation with impacted Tribes, including but not limited to the Squaxin Island, Nisqually Indian, and Skokomish Tribes. Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov with any comments or questions, or visit the webpage below to stay informed. |
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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02/08/2024 | 10/02/2023 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | SR 525 Mukilteo Bridge over Railroad – Bridge Replacement | The existing SR 525 bridge overcrossing the railroad in the city of Mukilteo is functionally obsolete and does not meet the multimodal traffic and active transportation needs for accessing the new ferry terminal. The intended Significant Agency Action includes constructing a new bridge and updating channelization of the roadway to improve bridge integrity, roadway continuity, and roadway capacity. | Online open house, listening sessions, workshops |
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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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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11/28/2023 | 10/23/2023 | Ongoing | Commerce, Department of | New grant or loan program | Electric Vehicle Incentive Program (Phase 1 – Design) | Design multi-phase incentives program mechanisms to increase EV adoption. Early phases of the program will be focused on point-of-sale rebates. | Community Meetings, email comments, stakeholder Interviews, web-based comment form. DRAFT EJA LINKED FOR PUBLIC COMMENT |
Ongoing Washington Electric Vehicle Incentive Program |
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04/11/2024 | 04/11/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Cap-and-Invest Linkage Rulemaking (Chapter 173-446 WAC and Chapter 173-441 WAC) | As required by the Climate Commitment Act (CCA), Ecology is investigating the option of linking Washington’s Cap-and-Invest Program carbon market with the California-Québec carbon market. In a linked Cap-and-Invest Program, Washington’s carbon market would combine with the joint California-Québec market to create a single shared market with joint allowance auctions and a common allowance price across all jurisdictions. Allowances could be traded across jurisdictions and used to cover emissions in any of the three jurisdictions. As part of this effort, the Legislature passed legislation in 2024 modifying the CCA in ways that facilitate linkage (Engrossed Second Substitute Senate Bill 6058). This rulemaking is needed to modify Chapter 173-446 WAC and Chapter 173-441 WAC to implement these statutory changes as well as to make other changes to these rules necessary to facilitate linkage. These rule changes do not constitute linkage, nor do they require linkage or do anything that would make linkage inevitable. Additional steps would be needed, outside of the Washington rulemaking process, to establish linkage, including signing on to a linkage agreement. The Climate Commitment Act directs Ecology to consider linking Washington's Cap-and-Invest Program with other carbon markets. The law also requires Ecology to review specific criteria to ensure linkage would benefit Washington’s communities, economy, and climate goals. | Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. Ecology plans to conduct public engagement, with outreach focused on people from overburdened communities, vulnerable populations, and Tribes, for the purpose of developing the environmental justice assessment for this rule. Ecology is also available to meet with individual organizations and small groups at their request during the rulemaking process. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage for updates. Please contact Nikki Harris, Climate Pollution Reduction Program Rulemaking Coordinator, at nikki.harris@ecy.wa.gov for comments or questions. |
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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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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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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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 |
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01/14/2025 | 08/27/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | Community Transit Swift Gold Line | Community Transit is preparing to improve transit service for Arlington, Marysville, and Everett by expanding the Swift bus rapid transit (BRT) network with the Swift Gold Line. If Community Transit is awarded a Regional Mobility Grant, WSDOT would provide a $15 million grant award to support this work. | Community Transit’s Community Engagement team is utilizing a four-phased engagement approach that began by introducing the project and gathering input on route options July 11-Aug. 7, 2024. In 2025, Community Transit will conduct three additional engagement periods. At each phase, community members and riders will be notified of the opportunity to provide input through a variety of methods. Methods for gathering input include: 1. Online open house survey and interactive mapping exercise 2. Phone number for our Customer Care team to provide input and ask questions over the phone 3. Email address for submitting comments 4. By mail 5. At a variety of in-person events at libraries and other community events 6. Social media |
Ongoing |
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03/29/2024 | 02/02/2024 | Ongoing | Ecology, Department of | Capital project, grant, or loan award of at least $12 million | Loan offer to King County for the Duwamish Combined Sewer Overflow project | The purpose of the proposed action is to provide King County with $70 million of loan funding to construct a storage facility and conveyance so that partially and untreated sewage mixed with rainwater (combined sewer overflow) can be routed for treatment before release into the Duwamish River through outfalls. The increased storage capacity will reduce the number of combined sewer overflows at two sites along the Duwamish River. Currently, based on a 20-year average, pollution overflows into the river 4.4 times per year at one site and 1.9 times per year at the other. The loan project locations are West Michigan Street Regulator Station (W Michigan St. RS) Overflow and Terminal 115 (T115) Overflow. These sites are part of the Environmental Protection Agency’s Superfund National Priorities List and the Washington Hazardous Sites List. Anticipated benefits from the investments made with this loan include: • The Lower Duwamish River will receive less pollution during severe rains because large volumes of sewage and rain runoff will be treated before discharge into the river. • Reducing the overflows to one per year at each site. Federal and state regulations require communities to reduce the frequency of untreated combined sewer overflows, on average, allowing no more than one overflow event per year. Reducing overflows benefits people, wildlife, and water quality because CSOs can carry contaminants such as pathogens, oxygen-consuming pollutants, solids, nutrients, and toxics. | Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the environmental justice assessment of this loan offer beginning in April 2024. Ecology conducted public engagement in February and March of 2024, with an online webinar and public comment period. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Through methods yet to be determined, Ecology will identify additional opportunities to engage overburdened communities in King County and provide opportunities for their meaningful involvement in this funding decision. Ecology will also invite tribal consultation and staff discussions with impacted Tribes, which include but may not be limited to the Muckleshoot Indian Tribe, Port Gamble S’Klallam Tribe, Puyallup Tribe, Snoqualmie Indian Tribe, Stillaguamish Tribe of Indians, Suquamish Tribe, and Tulalip Tribes. Ecology will engage in consultation in formats that are requested by the Tribes and that create opportunities for their meaningful involvement in this funding decision. Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov with any comments or questions. |
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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02/08/2024 | 07/27/2023 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | I-90 Judkins Park Station – Reconnecting Communities | The goal of the I-90/Judkins Park Station – Reconnecting Communities Study is to recommend changes to the WSDOT I-90 ramps at Rainier Avenue South to improve the safe travel of all modes, especially safe access to the JPS Link station via transit transfer, walk and roll. | Online open house, listening sessions, workshops |
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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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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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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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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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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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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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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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. DRAFT EJA for PUBLIC COMMENT IS NOW OPEN. CLICK HERE: https://deptofcommerce.app.box.com/file/1737472417484 |
Ongoing |
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01/18/2024 | 01/18/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Chapters 173-400 and 173-401 WAC, General Regulations for Air Pollution Sources | Chapter 173-400 WAC (General Regulations for Air Pollution Sources). This chapter establishes standards and rules to control and prevent pollution from air contaminant sources. The rulemaking will involve updating references to an Ecology technical manual used in source testing and certification. Chapter 173-401 WAC (Operating Permit Regulation). This chapter establishes Washington’s air operating permit program to comply with Title V of the Clean Air Act (CAA). Rule amendments to this chapter are needed to remain in alignment with federal regulations and fix an incorrect reference. | Ecology plans to conduct public engagement, with outreach focused on people from overburdened communities and vulnerable populations, for the purpose of developing the environmental justice assessment for this rule. We plan to hold informal stakeholder meetings during the rule development period where members of the public are invited to ask questions and provide comment. Meeting information will be provided via Ecology’s website and “Air Quality Rule and SIP Updates” email distribution list. We will hold also public hearing and comment period following rule proposal, which is expected in September 2024. Please contact Adam Saul at adam.saul@ecy.wa.gov with any comments or questions. |
Ongoing |
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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 |
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01/16/2025 | 01/14/2025 | Ongoing | Commerce, Department of | New grant or loan program | Multifamily Building Efficiency Grants | Commerce is appropriated $53,090,000 for grants and loans to affordable multifamily projects within Commerce's Housing Trust Fund Portfolio. Grants and loans may be for projects that include: benchmarking, technical assistance, energy management, renewable energy, energy efficiency upgrades, greenhouse gas emission reductions, high-efficiency electric equipment and appliances, and other decarbonization investments. | Gov-delivery Web based comment form |
Ongoing |
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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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03/04/2024 | 07/01/2023 | Ongoing | Commerce, Department of | New grant or loan program | Transit Oriented Development of Affordable Housing - Match Program | Competitively awarded funding, managed by Commerce's Multifamily Housing Unit (MHU), for Transit Oriented Affordable Housing development. The language of the budget (ESSB 5200, Section 1022) laid out very specific parameters regarding both size and location of projects. As written, projects must be no smaller than 100 units in size, and must be located within 1/2 mile of light or commuter rail, or within 1/4 mile of bus rapid transit. this creates a very limited area in which projects can be sited (principally along the I-5 or I-405 corridors in King County), and effectively requires a high level of development experience from any interested organization, or partnership with a consultant that brings such experience. | An SAA was published to Commerce's webpage on 9/13/2023, and a public forum was held via Zoom in October of 2023. while the public forum's primary concern was to confirm Commerce's understanding of the budget language and articulate its plans for implementation, space was held for discussion concerning Environmental Justice considerations. MHU is working with Commerce's internal Environmental Justice workgroup to explore additional pathways to involve communities. |
Ongoing |
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09/10/2024 | 09/10/2024 | Action did not move forward | Commerce, Department of | Agency-request legislation | Advance Payment for Small Organizations and Tribes | Proposing a new section in Chapter 43.330 RCW that allows Commerce to provide advance payment with small organizations and tribes. Payments would be no more than 25% of contract, or three months of projected contractual expenses, whichever is smaller. Commerce shall have risk mitigation strategy to ensure clarity and efficiency of fund disbursement. This ARL benefits communities by decreasing barriers to access funding which may improve health and wellbeing. | This ARL came from communities' and tribes' input over the course of several years. Reimbursement-based funding has continued to be a barrier for smaller entities to contract with Commerce. Once the EJA is posted, public comment can be sent via email to Kyle.Glitchell@commerce.wa.gov. Other methods are TBD. |
Action did not move forward ARL did not move forward |
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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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06/27/2024 | 06/27/2024 | Ongoing | Board of Health, Washington State | 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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12/04/2023 | 09/19/2023 | Action did not move forward | Commerce, Department of | Agency-request legislation | Clarifying, updating and modifying office of homeless youth prevention and protection statutes | This is Department of Commerce, Housing Division, agency request legislation related to several technical clarifications that are needed in RCWs to improve the administration of Office of Homeless Youth (OHY) grant programs. The current RCW language presents barriers to the successful implementation of OHY programs or contributes to a lack of clarity about OHY's roles and responsibilities. The requested changes originated from requests from community providers and lived experts. | Community engagement on these technical fixes already took place, with the changes being developed in consultation with Office of Homeless Youth advisory groups and stakeholders. Since these are small technical fixes, we don't anticipate future concerns from stakeholders. We don't anticipate any impacts on Tribal Nations or lands. |
Action did not move forward Died in Session and did not move forward |
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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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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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09/12/2023 | 09/12/2023 | Ongoing | Ecology, Department of | Significant legislative rules | Cap-and-Invest Offsets Rulemaking (Chapter 173-446 WAC) | Ecology is considering amendments to Chapter 173-446 WAC to address new and revised cap and invest offset protocols. Offsets are projects or programs designed to reduce the amount of greenhouse gases (GHGs) in the atmosphere. In Washington’s cap-and-invest program, offset projects must also provide direct environmental benefits to our state. Offsets allow businesses to balance out the negative impacts of their emissions by funding a project that benefits the environment such as capturing methane on dairy farms or planting trees in urban areas. The scope of this rulemaking will include consideration of protocol updates or addition of new protocols to increase the potential variety of offset projects that can be developed within the cap-and-invest program, as directed by RCW 70A.65.170(4)(b). This statute directs Ecology to conduct rulemaking that ensures that any updates or additions to the offset program are both based in the best available science, and support the needs of landowners and communities in Washington state. | Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA... . Please contact Nikki Harris at nikki.harris@ecy.wa.gov for comments or questions. |
Ongoing |
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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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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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09/14/2023 | 09/14/2023 | 07/21/2023 | Ecology, Department of | New grant or loan program | Water Security Drought Grant Initiative | Ecology is developing a new pilot grant initiative focused on local water security preparedness and planning in the context of drought. In 2024, Ecology will make $1.8 million available statewide via competitive grants for Tribes and local applicants to plan for future water security. These plans will identify the specific actions, and associated costs and timeframes, a local community intends to take to increase its water supply security as it faces the burden of intensifying severity and expanding drought conditions as our climate continues to change. While designed to benefit all members of a given local community, this water security grant program will prioritize the water security for Federally recognized Tribal governments, overburdened communities, and vulnerable populations. | Ecology invites comments and questions from people in overburdened communities and vulnerable populations, including water systems that include overburdened and vulnerable members of that community. Information about the EJ Assessment and the grant program are available on the program website. Members of the public can direct their comments to Caroline Mellor, Water Resources HEAL ACT lead at Caroline.Mellor@ecy.wa.gov. |
Completed Chapter 173-167 WAC Emergency Drought Funding: An Environmental Justice Assessment |
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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 |
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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 |
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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 |
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11/28/2023 | 09/01/2023 | 12/05/2023 | Commerce, Department of | Agency-request legislation | Solar Consumer Protections | This legislative proposal would establish solar consumer protections in statute. Commerce has developed this proposal after hearing about an increase in problematic sales and installation practices of distributed solar energy systems. The proposal focuses on contracts between solar energy contractors and residential or commercial property owners. The language would establish required contract provisions to make customers aware of what services they will and will not receive. The contract provisions would be enforceable in a legal proceeding or under RCW 19.86 (the Consumer Protection Act). | Commerce held a public workshop on the proposal on September 27, 2023 to share information and collect input. This fall, Commerce's Energy Division has been hosting meetings around the state on a potential statewide energy bill assistance program. At those meetings, we are sharing a fact sheet on the solar consumer protections legislative proposal and information on how to provide input. Commerce is continuing to accept public input through this smartsheet form: https://tinyurl.com/solarleg. |
Completed Solar Consumer Protections |
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11/28/2023 | 09/01/2023 | 12/05/2023 | Commerce, Department of | Agency-request legislation | Promoting equitable economic and technological advancement through the Clean Energy Fund | This legislative proposal would codify the Clean Energy Fund as a permanent program at the Department of Commerce and establish the central principles and rules of the program. The Clean Energy Fund (CEF) was established as a Governor Inslee initiative in 2013 and has been championed by his administration. It is critical to establish permanence for this program so that it can continue to provide the investments needed to accelerate Washington’s transition to clean energy and ensure that all communities are able to participate in and benefit from this transition. CEF not only catalyzes the development of new technologies needed to reduce greenhouse gas emissions but it also enables adaptation of these technologies to suit the different needs and conditions of communities throughout the state. The Legislature has provided biennial funding for investments through the CEF which has resulted in a reincarnation of the program every two years. Establishing the CEF program in statute creates continuity, establishes clear objectives for a permanent program, and enables the program to be responsive to policy, market transformation and local needs. It also signals the Legislature's enduring commitment to partner with communities to achieve a clean, affordable, resilient and just energy future. | The Department of Commerce seeks regular feedback and community input on how we design and implement Clean Energy Fund (CEF) grant opportunities. This includes workshops on funding opportunities and regular engagement with entities participating in and interested in applying to CEF. In 2020, an Energy and Climate Advisory Committee was convened to evaluate how CEF could be improved and made more accessible. Many of the recommendations of the Committee's report have been incorporated into this proposal. Most recently, the Department of Commerce issued a Request for Information this fall on how to implement the latest round of funding under the Clean Energy Fund. Commerce's overarching goal is to ensure that access to CEF funds is equitable and that implementation of CEF reduces burdens that can prevent communities from participating in clean energy innovation. Notably, the proposed legislative language would require Commerce to give priority to applications for projects that benefit vulnerable populations and overburdened communities. |
Completed Codifying the Clean Energy Fund |
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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 |
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03/07/2024 | 12/18/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Fallen Firefighters Memorial | This Agency Request Legislation would direct the Department of Enterprise Services to establish a new memorial for fallen firefighters on the Capitol Campus. | DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. |
Completed Fallen Firefighters Memorial |
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03/07/2024 | 12/08/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Commercial Use Fees | Agency Request Legislation to amend RCW 4.24.210, the Recreational Immunity Statute, to give DNR the authority to charge fees for recreation permits, issued for organized recreation or educational activities. If successful, this statutory authority will provide DNR the ability to develop a fee structure for recreation permits, which will allow the program to pursue administrative cost recovery and will provide the certainty needed for the future development of an agency Commercial Recreation Policy. | DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. If we are successful in getting this agency request legislation passed, we will complete a thorough outreach process with community members as we develop a fee structure and commercial recreation policy. We will look to our internal Environmental Justice Office for guidance on this work. |
Completed Commercial Use Fees |
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03/07/2024 | 12/08/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Smokey Bear License Plate | This Agency Request Legislation would establish a Smokey Bear license plate that would be available for purchase in October 2024. Revenue from Smokey Bear License plates would be devoted to wildfire prevention programs administered by the Department of Natural Resources (DNR). This would be the agency’s first license plate, the state’s only license plate for wildfire prevention, and is the symbol of support for wildland fire fighters. | DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. |
Completed Smokey Bear License Plate |
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03/07/2024 | 12/15/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Early Learning Facilities | This Agency Request Legislation expands the definition of “Common School”, currently limited to K-12, to include early care and education. This allows for the construction and maintenance of early care and education facilities at public schools with revenue from DNR’s Common School Construction Fund. The Office of Superintendent of Public Instruction (OSPI) will have the authority and discretion to allocate the proceeds received by the sale of timber or otherwise generated by state lands. A separate new capital gains tax now provides enough funding for K-12 school construction; this is proposed legislation is complementary and addresses an unfunded need. | DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. OSPI will also convene a committee of early learning facilities experts to advise the prioritization methodology of applications for projects; members will include representatives from the Department of Children, Youth, and Families, Department of Commerce, one of the State’s educational Service Districts, the Washington State Housing Finance Commission, and the early learner facilities stakeholder group. |
Completed Early Learning Facilities |
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03/07/2024 | 12/18/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Housing on Public Land | This Agency Request Legislation adds a new section to RCW 82.29A to create a leasehold excise tax (LET) exemption for leases on public land used for the placement of newly constructed affordable housing. Currently, the LET fee is 12.84% of the lease rate. This exemption is intended to incentivize developers to build affordable housing on leased DNR land. The exemption applies to the land and the length of exemption depends on the following conditions: A 12-year LET exemption if the lessee commits to renting or selling at least 20% of units as affordable to low and moderate-income households; A 20-year LET exemption if the lessee commits to renting or selling at least 25% of units as affordable to low and moderate-income households. | The purpose of this tax exemption is to provide housing for low-and-moderate income households, many of which include people from overburdened communities and vulnerable populations. Any formal contract for housing development would include agencies that represent these communities and support inclusion of their voices and lived experience in the creation of the housing units. |
Completed Housing on Public Land |
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03/07/2024 | 12/18/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Drought Mitigation | Revising RCW 79.13 to allow for DNR to lease assets as well as land and modernize publication/advertisement language. | No plan has been made at this time. |
Completed Drought Mitigation |