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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 submitted Date initiated Date completedsort ascending Agency Type Agency action Description Methods for providing public comment Status
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
12/03/2024 09/04/2023 Ongoing Health, Department of New grant or loan program Alternative Drinking Water Program The DOH is conducting an Environmental Justice Assessment on the Alternative Drinking Water Program (ADWP). This program was created with 2023-2025 funding provided through ESSB 5187. The goal of the ADWP is to assist with access to safe drinking water if private wells or Group B water supplies are impacted by contamination. Group B systems serve fewer than 15 residential connections and less than 25 people per day. • Keep up to date through the website https://doh.wa.gov/community-and-environment/drinking-water/water-system... • Sign up for electronic notices at odw-adwp@doh.wa.gov • For questions about the ADWP or the EJ Assessment, contact us at odw-adwp@doh.wa.gov Ongoing
04/30/2025 04/30/2025 Ongoing Commerce, Department of Significant legislative rules Office of Behavioral Health Advocacy Program Rulemaking RCW 71.40 Office of Behavioral Health Consumer Advocacy requires Commerce to conduct rulemaking activities for this chapter, including: (a) Establishing standards for the contracting advocacy organization to use when certifying behavioral health consumer advocates; (b) Establishing procedures consistent with chapter 202, Laws of 2021 for appropriate access by behavioral health consumer advocates to behavioral health providers or facilities; and (c) Establishing procedures consistent with RCW 71.40.140 to protect the confidentiality of the records of patients, residents, clients, providers, and complainants. Rulemaking includes public meetings and hearings. Advisory groups; email comments; GovDelivery emails; Web-based comment form Ongoing
09/25/2024 08/07/2024 Ongoing Commerce, Department of New grant or loan program Federal Funds Grant Writing Assistance Program (FFGWAP) The FFGWAP is designed for Washington community-based organizations, local government agencies, ports, housing authorities, tribes, businesses, and others eligible to receive Federal funds to prepare and submit grant applications, and to help Washington meet its clean electricity and greenhouse gas reduction goals using approaches that enhance equity, innovation, economic growth, and job creation. Program participant survey; 1:1 intake sessions and meetings with contractor (Hagerty) and agency staff PUBLIC COMMENT IS OPEN ON THE DRAFT EJA LOCATED HERE: https://deptofcommerce.box.com/s/3qslblcjdns9nfspnuzd3izojxb2e80e. Ongoing
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
07/01/2025 07/01/2025 Ongoing Commerce, Department of Agency-request legislation Critical Energy Infrastructure Protection Proposing a change to RCW 42.56 Public Records Act which would exclude critical energy infrastructure information from public disclosure. This would encourage energy providers such as electric utilities to report physical and cybersecurity threats and damage with the Energy Resilience & Emergency Management Office, State Fusion Center, and other relevant agencies for coordination on response and restoration activities. Advisory Groups, Email Comments, Focus Groups, Stakeholder Interviews Ongoing
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
01/14/2025 01/14/2025 Ongoing Commerce, Department of New grant or loan program Green Jobs Infrastructure Grants Grants to projects that demonstrate high-wage, clean job creation in Washington, provide risk reduction for investments in public and private infrastructure in order to increase a community's capacity for clean manufacturing, or provide investments in workforce development to attract and train the workforce required to grow the clean energy economy Public comments period on the draft EJA has opened. Hosting of public Q / A Email Gov delivery WEBS notification Community Networking Ongoing
06/16/2025 06/16/2025 Ongoing Ecology, Department of Significant legislative rules Rulemaking to Amend Five Instream Flow Rules Ecology is beginning a rulemaking to amend five Instream Flow Rules in Water Resource Inventory Areas (WRIAs) 7 (Snohomish), 8 (Cedar-Sammamish), 13 (Deschutes), 14 (Kennedy-Goldsborough), and 15 (Kitsap), as required by law (RCW 90.94.030(3)(h)). The law requires Ecology to initiate rulemaking within 6 months of Ecology adopting the Watershed Restoration plans developed under chapter 90.94 RCW, which were adopted December 17, 2024. Ecology’s intent is to start rulemaking in June 2025, and the goal of this amendment is to incorporate recommendations from the Watershed Restoration Plans, incorporate statutory requirements from RCW 90.94.030(4) into rule, harmonize the rule language, and make minor technical corrections. When the rule announcement is filed (that same day), GovDelivery e-mails will be sent to our email lists with information about the rule, and a prompt for a future public meeting and listening session to be expected this summer. Feedback received from the public may influence draft rule language. Ecology will conduct public outreach with a focus on people from overburdened communities and vulnerable populations in the watersheds impacted by this rule amendment. Outreach will include information about the rule, opportunities to provide comment, and invitation to reach out directly to the rule lead for information and/or questions. Ecology will share this rulemaking information and links to webpages and resources at Washington Resources Advisory Committee (WRAC) meetings shortly after filing the CR-101. Additionally, cities and counties within WRIAs 7, 8, 13, 14 and 15 will be informed of the rulemaking via email once the CR-101 is filed. Ecology will also reach out to Washington Association of Cities and Counties with information and resources to email to their constituents. Ecology will reach out individually to Tribes with reservations or usual and accustomed areas within the impacted watersheds in advance of the rule announcement. When the rule announcement is filed, a notice will be sent to Statewide Tribal chairs and natural resource directors with an invitation for government-to-government consultation. After the rule language is announced (CR-102), Ecology will host a public hearing and formal comment period. Ongoing
10/10/2024 10/10/2024 Ongoing Ecology, Department of Significant legislative rules Rulemaking to add Chapter 173-448 WAC, Air Quality in Overburdened Communities Ecology is beginning rulemaking to add a new rule – Chapter 173-448, Air Quality in Overburdened Communities – to implement parts of Chapter 70A.65.020 RCW, Environmental justice review. This law passed in 2021 as part of the Climate Commitment Act and directs Ecology to reduce criteria air pollution in overburdened communities (OBCs) highly impacted by air pollution. The law requires Ecology to take certain actions, like adopt stricter emission standards in communities identified as overburdened and highly impacted by air pollution. The processes and details for these actions are not included in the law. As a result, this rulemaking is needed to specify the process and procedure that Ecology will follow to reduce criteria air pollution as instructed in the law. Intended environmental benefits include: • Reducing criteria air pollution will improve air quality in overburdened communities Intended health benefits include: • Reducing negative health effects associated with exposure to criteria air pollution Populations expected to be impacted • People who live, work, and spend time in overburdened communities • Businesses whose operations may be impacted Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations. Engagement is anticipated to begin early in 2025 and will include virtual public meetings, comment periods, and other targeted outreach, additional details of which will be shared on our rulemaking website and email distribution list. Ongoing
02/18/2025 02/13/2025 Ongoing Commerce, Department of New grant or loan program Circular Economy Development Program Proviso funding will help establish a circular economy market development initiative and expand industrial symbiosis projects across Washington. By combining these funds ($390k) with the existing Industrial Symbiosis Grant Program administered for Fiscal Year 2025, two additional circular market projects are supported. The awarded funds help divert industrial waste for reuse through innovation into valuable new products. A strong circular market reduces environmental impacts, builds a resilient supply chain, and creates jobs Public comments period on the draft EJA has opened 4/29/25: https://deptofcommerce.box.com/s/ra3ya1aram86p19q7qtnb9yugj7r3nc2. Past opportunities included the Community Involvement Listening Session on March 18 and March 20 as well as the Tribal Briefing in April 2025. Ongoing
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
02/08/2024 01/01/2024 Ongoing Puget Sound Partnership Other 2026-2030 Action Agenda for Puget Sound The Puget Sound Partnership is required to regularly develop and update an Action Agenda for Puget Sound. The Action Agenda outlines our region’s collective vision for a healthy and resilient Puget Sound and describes what we must achieve, how we will achieve it, and how we will hold ourselves accountable to ensure we make progress. The Action Agenda fulfills the Partnership's statutory mandate and purpose of the Clean Water Act's National Estuary Program (NEP), which guides millions of dollars of federal funding to the most beneficial projects and programs. The Action Agenda outlines strategies and actions that describe the work we must do to make progress toward our desired outcomes for Puget Sound recovery: Protect and restore habitat and habitat-forming processes; Protect and improve water quality; Protect the food web and imperiled species; Prevent the worst effects of climate change; and ensure human wellbeing. The Action Agenda provides opportunities for federal, tribal, state, local, and private partners to better invest resources and coordinate action. In 2024, Partnership staff interviewed leaders of community-based organizations in the Puget Sound region that represented and/or served overburdened communities and vulnerable population about Puget Sound recovery and restoration. Feedback from these interviews were summarized, reviewed, and considered by the Partnership and other state agencies as the 2026-2030 Action Agenda was drafted. A summary of this initial feedback is documented in our Phase 1 report. Once a draft of the Action Agenda is prepared, the Partnership will co-host community-based workshops with the organizations we interviewed in 2024. At these workshops, Partnership staff will provide an overview of the Partnership and Action Agenda, outline clear expectations of how feedback will be used, and report on how the initial feedback we received was (or was not) incorporated into the draft of the Action Agenda. Participants will be invited to provide any additional feedback for how the Action Agenda can better address their concerns and priorities. The Partnership will assess language, cultural, and accessibility needs when engaging with community members. 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
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
05/07/2025 04/01/2025 Ongoing Health, Department of Other Source Water Protection Local Assistance Grant Program Changes to an existing grant program that has environmental impacts. Virtual listening sessions from May – July 2025. Please sign up for email updates to learn more opportunities to get involved! To schedule a private meeting outside of the virtual listening sessions, or to provide written feedback outside of the survey please email sourcewaterprotection@doh.wa.gov. The draft guidelines will be published to our website in August 2025. There will be a public comment period from August to September. Visit https://doh.wa.gov/community-and-environment/drinking-water/source-water...assistance-grant-program for information about the Source Water Protection Local Assistance Grant Program, and to stay up to date with grant activities, including public comment opportunities. For questions about the Source Water Protection Local Assistance Grant or the environmental justice assessment, please contact Chelsea Cannard at chelsea.cannard@doh.wa.gov. Ongoing
01/22/2025 01/22/2025 Ongoing Commerce, Department of New grant or loan program Innovation Cluster Accelerator Program Cohort 3 The Innovation Cluster Accelerator Program Cohort 3, administered by Washington State Department of Commerce, aims to assist organizations with growing cluster operations, driving innovation in key sectors around the state, and attracting talent and capital. Public Comment Period on the EJA draft is open. Commerce sponsored tribal briefing, Commerce pre-proposal conference Ongoing
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
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
07/02/2025 07/02/2025 Ongoing Commerce, Department of Agency-request legislation Small Business Training and Education Center This request covers three programs which in the past have either 1) been successfully piloted, 2) have a track record of success but inconsistent funding, or 3) have been built using other revenue streams that will dry up in the 2025-27 biennium. A final request describes an asset mapping exercise to identify all small business training and education activities at the local, state and federal level to identify gaps, reduce redundancies and build a more cohesive training and education system that is intuitive for small businesses to use. Access to accurate, vetted business education and training is a historical barrier to those in underrepresented and underserved communities. For instance, while 90% of small businesses make it through their first year or two, 80% of black-owned businesses fail. The survival rate of any small business is 50% at year five, in part because owners don’t have the expertise and education to address the most common barriers to success – lack of capital or customers, poor location, incorrect pricing strategies, or lack of focus on core competencies. The Washington State Small Business Training & Education Center is a trusted site that provides free access to education, training, tutorials, webinars and academies developed by, and in many cases taught by, small business owners. This budget request will continue to provide stability to this vital resource where one’s bank account or first language aren’t barriers. Any individual can access the site and tap into its knowledge base. No registration is required. Mystartup365.com provides a business owner with all the training they need, from concept through exit strategy. In between they can learn how to master financials, improve decision-making, build a business plan, secure funding and reach new customers and markets. They can do this in any one of 58 languages from the comfort of their office or home, 24 hours a day, seven days a week. Email comments Stakeholder interviews Ongoing
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
03/13/2025 08/20/2024 Action did not move forward Commerce, Department of Agency-request legislation Tire Cost Reduction Act - Reducing rolling resistance of motor vehicle replacement tires 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. Commerce is proposing new agency request legislation and related funding in the 25-27 Operating budget to create and implement energy efficiency standards for replacement tires. Quarterly tribal briefing, advisory groups, stakeholder interviews, etc. Action did not move forward
ARL did not move forward
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
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
06/24/2025 06/19/2025 Ongoing Commerce, Department of Agency-request legislation Clarifying Exemption for emergency shelter in RTLA Amend RCW 59.18.040 to include emergency shelters (including non-congregate emergency shelter) from the exempted living arrangements of the Residential Landlord-Tenant Act Advisory groups, web-based comment form, surveys Ongoing
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
05/07/2025 04/01/2025 Ongoing Health, Department of New grant or loan program Safe Drinking Water Initiative The Washington State Department of Health (DOH) is conducting an Environmental Justice Assessment on the Safe Drinking Water Initiative. The Washington State Legislature provided funding in the 2023-2025 biennium to extend outreach and provide education and groundwater testing for nitrate in the Lower Yakima Valley Ground Water Management Area (LYV-GWMA) in Yakima County. For questions about this environmental justice assessment and current and future opportunities for engagement, please contact Anchee Nitschke Durben at anchee.nitschkedurben@doh.wa.gov Ongoing
02/04/2025 02/04/2025 Ongoing Commerce, Department of New grant or loan program 2025 Clean Energy Community Grants The Clean Energy Community Grants is a new program established to award $41,116,360 to the planning, design, and implementation of clean energy technologies through a non-competitive solicitation. Applicants will be invited to submit project proposals on an invitation-only basis. Commerce hosts a Listening Session and public comment can be submitted via email. Ongoing
04/11/2024 04/11/2024 Action did not move forward 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. Action did not move forward
Resubmitted as a new rulemaking
12/05/2023 12/05/2023 Ongoing Commerce, Department of Agency-request legislation Changing the incentive structure for tier 1 buildings This proposed Agency Request Legislation would change the authorizing language for the Clean Buildings Early Adopter Incentive Program. This incentive program, authorized in 2019, offers $75M in incentives to Tier 1 buildings owners who bring their buildings into compliance. This ARL would remove the 85 cent cap per square foot and allow Commerce to have more flexibility in establishing an appropriate incentive. This would allow Commerce to offer an incentive greater than 85 cents per square foot and offer enhanced incentives for buildings which meet a number of important criteria (ex. The building meets an equity criteria). This represents a small change in the authorizing language for the program, which has now been active for four years. Public comment will be accepted at buildings@commerce.wa.gov Ongoing
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
06/24/2025 06/19/2025 Ongoing Commerce, Department of Agency-request legislation Update Homeless Program Statutes Amend RCW 43.185C to modernize and streamline the statute. The key changes include: - Replacing outdated terminology to ensure language reflects current understanding and values around homelessness and equity. - Aligning timelines for the State Homeless Housing Strategic Plan and the Annual Report to reduce redundancy and improve strategic coherence. - Removing obsolete statutory requirements that are no longer operational or relevant to current systems or funding streams Surveys, web-based comments form Ongoing
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
03/13/2025 03/11/2024 Ongoing Commerce, Department of New grant or loan program Paper to Digital Grant Commerce was tasked with implement the provisions of RCW 36.70B.241. The Legislature allocated $1.5 million for this purpose. Approximately $330,000 was available in unused funds to supplement this grant. This grant is intended to facilitate the conversion of city and county permit systems from paper based to fully digital systems. For example, some jurisdictions currently require paper applications with physical blueprints and internal paper routing and filing systems. These grants will help jurisdictions move to digital intake and processing allowing for remote applications and corrections and well as streamlined internal approval. This will help reduce the amount of time needed to approve permits and facilitate new residential construction. Submit to allan.johnson@commerce.wa.gov Ongoing
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
03/27/2025 03/27/2025 Ongoing Commerce, Department of New grant or loan program Develop and adopt Tribal Electric Boats Program Commerce and tribal leaders are developing the Tribal Electric Boats Program (TEBP) to fund the purchase of new electric boats as well as electrification and hybridization projects. Eligible applicants are tribal governments, tribal enterprises, and tribal citizens with tribal government support. The intent of the proviso is to decarbonize tribal marine vessels for fishing and related purposes (enforcement, patrol, research, etc.). Email comments; GovDelivery emails; Stakeholder Interviews; Web-based comment form; Other Ongoing
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
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
06/24/2025 06/19/2025 Ongoing Commerce, Department of Agency-request legislation Update youth homelessness program statutes In order to ensure there is consistency with best practices in serving homeless youth and efficiency in delivering OHY programming, Commerce proposes amending the following statutes: RCW 43.63A.305 to include transitional housing as an eligible activity for the Independent Youth Housing Program and eliminate the 12% cap on administrative cost. RCW 43.185C.315 and RCW 43.185C.010 to replace the derogatory term “Street Youth” in statute and replace it with the term “unaccompanied homeless youth” which has the same functional definition. RCW 43.330.710 to clarify that OHY programs for young adults may provide services to emancipated minors who otherwise meet program eligibility criteria. The definition of HOPE Centers in RCW 74.15.020 to align with the definition of HOPE Centers outlined in RCW 43.185C.010 clarifying that youth remain for 90 days. RCW 74.15.020 to require Host Homes to notify OHY upon registering with the secretary of state. RCW 43.330.726 to clarify that eligibility for Community Support Teams services extends to youth seeking shelter, as well as the roles and responsibilities of CST convening entities when a parent, guardian, or legal custodian objects to the support or assistance of the CST; RCW 43.185C.280 and RCW 43.185C.285 to clarify that Crisis Residential Center administrators should notify parents unless a compelling reason exists not to, as defined in RCW 13.32A.082. RCW 43.330.710 to add flexible financial assistance as an allowable cost of all OHY programs where a youth or young adult may need discrete support or funding to secure safe housing and such flexible funding may be paid directly to youth OR third-party vendors, such as landlords, in order to secure safe and stable housing. RCW 43.330.702 to expand the definition of "child," "juvenile," "youth," and "minor" to include homeless young adults under age 21 who are in transitional living programs at the time they reach the age of 18 for the purposes of licensing requirements for group care facilities under 74.15 RCW and not under any other statute or for any other purpose. RCW 43.330.702 to clarify that emancipated minors are considered young adults for the purposes of eligibility for OHY programs which serve young adults. RCW 43.330.724 to reauthorize the Housing Stability for Youth in Courts Program Advisory groups, committee meetings, web-based comment form, surveys Ongoing
07/18/2024 07/18/2024 Action did not move forward Commerce, Department of Agency-request legislation Advancing a Green Hydrogen 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. Action did not move forward
Different priorities advanced during the supplemental session.
12/10/2024 12/09/2024 Action did not move forward 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. Action did not move forward
Program not moving forward due to budget
05/29/2025 11/15/2023 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million Seattle Ferry Terminal Electrification Project Install subterranean and submarine power cable from Seattle City Light vault 5 at Pier 48 to Colman Dock slips 1 and 3. Complete construction of the trestle SW corner, install shoreside battery energy storage system and vessel charging system. WSFelectrification@WSDOT.WA.GOV Ongoing
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
02/06/2025 02/06/2025 Ongoing Ecology, Department of Significant legislative rules Rulemaking: Chapters 173-425, 173-430, and 173-400 WAC, Flame Cap Kilns and Air Curtain Incinerators This rulemaking will consider two amendments to the existing rule. First, it will explore adding the definition of “flame cap kilns” and “silvicultural burning” in rule to align with amendments made to RCW by Substitute Senate Bill (SSB) 6121. Adding the definitions will not change the existing laws on what, where, and when burning is legal. Second, this rulemaking will address the air curtain incinerator permitting process. Current technology for air curtain incinerators makes it difficult to meet some emission limits, and therefore permit applications for ACIs require additional consideration and information. This requires additional work by the applicant and Ecology and additional time needed to issue the necessary permit. With proper siting criteria and operation standards, ACIs may still be more beneficial to air quality than open burning. This will also not change the existing laws related to burning. The area(s) most likely to be impacted if there is an increase in emissions are those where burning takes place frequently, such as the central and eastern regions of the state. In addition to the two potential amendments mentioned above, this rulemaking may also consider other amendments to these chapters to clarify language and improve regulatory requirements for air quality. Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the purpose of the environmental justice assessment of this rulemaking. Engagement is anticipated to begin in Fall 2025. Public meetings will be held (virtually, in person, or both depending on the need), during which time we will open the floor for Q&A and informal comments from the public. Ecology welcomes oral comments during public hearings(s), electronically submitted comments, comments submitted by mail related to the Environmental Justice Assessment for this rulemaking. More information will be provided on our webpage as the rulemaking further develops. Ongoing
12/08/2023 12/08/2023 Ongoing Ecology, Department of Significant legislative rules Safer Products for Washington Cycle 1.5 Rulemaking The Washington State Department of Ecology (Ecology) is starting a rulemaking to revise the Safer Products Restrictions and Reporting rule—Chapter 173-337 WAC—aiming to reduce PFAS in consumer products. Ecology plans to conduct this rulemaking to: • Reduce the use of priority chemicals in priority consumer products. • Revise Chapter 173-337 WAC in accordance with the regulatory actions outlined in the Regulatory Determinations Report to the Legislature that Ecology will submit by June 1, 2024. Under the authority of Chapter 70A.350 RCW, Ecology may restrict the manufacture, sale, and distribution of a chemical in a product, or require manufacturers to report the use of a chemical in a product. In this rulemaking, Ecology may create reporting requirements or restrictions that apply to the use of PFAS in product categories such as: • Apparel and gear. o Apparel examples include athleticwear, rainwear, school uniforms, clothing for everyday use, undergarments (reusable baby diapers and period underwear), hats, scarves, gloves, shoes, outerwear for mountaineering, outerwear for whitewater kayaking, and commercial fishing bibs for offshore fishing. o Gear examples include backpacks, sleeping bags, umbrellas, camping furniture, and climbing rope. • Cleaning products, including products to wash automobiles and boats. • Cookware and kitchen supplies. o Examples include frying pans, cooking pots, rice cookers, waffle makers, griddles, bakeware, and reusable baking liners. • Firefighting PPE (personal protective equipment). • Hard surface sealants. o Examples include sealants applied to hard porous surfaces like stone, unglazed tile, concrete, and wood. They can be used for interior and exterior applications. • Waxes and polishes, including products for floors, automobiles, skis, and snowboards. PFAS are a group of toxic chemicals that are very persistent in the environment. Most people living in the United States have PFAS in their blood. People are exposed through food, drinking water, and products with PFAS. As products are created, used, and disposed, exposure can occur: • Directly from items such as apparel, cleaning products, and cookware. • Indirectly from the environment—through the air we breathe, water we drink, and food we eat. Ecology plans to develop rules that could: • Reduce the use of PFAS in products by restricting PFAS when Ecology identifies safer, feasible, and available alternatives. This will help: o Reduce consumers’ and workers’ exposure to PFAS. o Reduce the amount of PFAS entering the environment. • Increase product ingredient transparency. Get involved in this rulemaking by: • Sharing feedback on the Cycle 1.5 Draft Regulatory Determinations Report. The comment period is open now and closes at 11:59 p.m. PST on January 12, 2024. • Signing up for email announcements. • Attending webinars. Our next webinars will occur on December 13 and 14, 2023. See our interested parties webpage for more information. • Contacting Stacey Callaway at stacey.callaway@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. • Sharing a preliminary draft rule, providing a public comment period, and hosting webinars in the fall of 2024. • Proposing a formal draft rule, providing a public comment period, and hosting hearings, in the summer of 2025. • Adopting the revised rule by December 1, 2025. Ongoing
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.
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
06/24/2025 06/19/2025 Ongoing Commerce, Department of Agency-request legislation Affordable Housing Property Tax Excemption Legislation to exempt affordable housing units (those affordable to households at 60% of the Area Median Income or lower) from property taxes. This would include a simple, fair calculation to help exempt units in buildings that have mixed affordability limits. Advisory groups, web-based comments, surveys Ongoing
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
06/24/2025 06/19/2025 Ongoing Commerce, Department of Agency-request legislation Residential Weatherization RCW Update RCW 70A.35 (Low-Income Residential Weatherization Program) is outdated and restrictive. As of 2016, the state weatherization program is no longer a matchmaker program, where state funds are matched dollar-for-dollar based on utility contributions. The state weatherization program is now Weatherization Plus Health, which is funded out of the capital budget. The state and utilities now fund weatherization separately via local agencies (Community Action Partnership agencies, municipalities, tribes). Currently, the state weatherization program can only serve projects that involve whole-home weatherization and is limited to serving low-income households. Updating this policy and increasing its flexibility support Commerce and the ED’s goals to serve more overburdened communities (from a community approach) with less friction and more efficiencies. We first recommend updating the outdated matchmaker program language to the current Residential Weatherization program language. This will increase compliance as the RCW has not been updated in years, and the program has evolved significantly. Low-income verification is required for local agencies to use federal dollars. Local agencies typically use federal and state dollars together on projects. As such, we recommend maintaining this low-income verification process, but also recommend adding categorical eligibility (e.g., OFM Overburdened Communities Map). Additionally, we propose allowing both partial (some measures) and whole-home weatherization (all cost-effective measures that apply). This will allow us to serve more communities (e.g., weatherizing homes in an at-risk neighborhood with scalable measures and without having to income qualify all residents). This also may make it easier for agencies to work with utilities and the state, as if the state reduces barriers, the utilities will likely follow suit. These updates will benefit Washington residents, weatherization providers (local agencies), utilities, other state agencies, and other Commerce programs. With new staff across Commerce, the current federal and state landscape, increased state investment in weatherization, and the fact that this policy has been outdated for many years, it is pertinent to accurately reflect this legacy program to grow it. As we encounter new programs and pilots from other state agencies, utilities, and Commerce, and increased community need, there is a greater opportunity to run new, more flexible, innovative, and scalable weatherization programs. Advisory Groups Ongoing

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