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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 initiatedsort descending Date completed Agency Type Agency action Description Methods for providing public comment Status
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
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
08/02/2024 08/02/2024 07/23/2024 Commerce, Department of Agency-request legislation Advancing Washington’s Green Electrolytic Hydrogen and Renewable Fuels Economy This ARL will advance several key recommendations from Commerce’s recent green hydrogen and renewable fuels legislative report in order to support hydrogen deployment in Washington. Key items include: establishing a formal state target for in-state green electrolytic hydrogen production; creating a new tax incentive and grant program for hydrogen end users to help direct hydrogen to the most strategic sectors; and advancing environmental justice recommendations including hydrogen combustion testing to assess NOx emissions. Please email comments to Shannon Pressler, Engagement Specialist, at shannon.pressler@commerce.wa.gov Ongoing
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 Ongoing
08/07/2024 08/07/2024 Ongoing Ecology, Department of Significant legislative rules Update to Water Quality Permit Fee Rule (173-224 WAC) Ecology has initiated an agency rulemaking action to update our Water Quality Permit Fees (Chapter 173-224 WAC). This chapter carries out Ecology’s requirement under RCW 90.48.465 to establish, by rule, annual fees to recover Ecology’s program cost of administering the wastewater and stormwater permit programs. This chapter also considers the economic impact of our fees on permitted small dischargers and public entities, and makes appropriate adjustments where applicable. Ecology strives to update this chapter every two years to ensure our permit fees reflect the most current costs to Ecology and impacts on our permittees. We use these fees to recover our program costs to administer our permit programs, which protect Washington’s waters from pollution. This rule covers a statewide geographical scope. The anticipated impact of this rulemaking action is limited to the permitted facilities that pay these fees. This rulemaking action does not expect to introduce new environmental impacts or impacts specific to overburdened communities, vulnerable populations, and Tribes. Ecology is beginning to develop draft rule language and will invite the public to participate in the development over the next few months. This may include workshops, webinars, and online comment periods. To stay engaged with this process, please join our email list (https://ecology.wa.gov/EmailList/WQfee) and visit our webpage for updates (https://ecology.wa.gov/WQ-fee-rule). Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov to discuss this environmental justice assessment. Ongoing
08/09/2024 08/09/2024 09/13/2024 Ecology, Department of Agency-request legislation Climate Resilience Governance RCW 70A.05 requires Ecology, in coordination with other partner agencies, to recommend a durable governance structure for coordinating and implementing the state’s climate resilience strategy by September 30, 2024. This legislation would establish the recommended governance structure. It will ensure the state has an ongoing mechanism for strategic alignment, collaboration, transparency, and accountability across the many state agencies that can support and advance greater climate resilience in Washington. A public comment period was held on the draft climate resilience strategy, including the proposed governance structure. Public comments on the EJ Assessment can be provided by email to agency staff at: jennifer.hennessey@ecy.wa.gov. Ecology plans to reach out to and meet with representatives of environmental justice organizations to gather additional input on the EJ Assessment and the proposed significant agency action. Completed
Agency Request Legislation: Interagency Climate Resilience Coordinating Council An Environmental Justice Assessment (per RCW 70A
08/09/2024 08/09/2024 09/30/2024 Ecology, Department of Agency-request legislation Wood Stove Standards The Department is proposing legislation that would allow the agency to review and verify the results of required EPA tests for wood burning stoves to ensure stove performance data is reliable. This will allow Ecology to ensure stoves truly meet national standards so that consumers and residents can have confidence in the performance of the devices installed in their homes. Ecology plans to conduct public engagement in August and early September of 2024, with outreach focused on people from overburdened communities, vulnerable populations, and Tribes, for the purpose of developing this Environmental Justice Assessment. Ecology will provide a variety of ways for the public to provide input to inform this Environmental Justice Assessment, including: online public meetings, individual and small group meetings with interested parties, and online public comments. We will also reach out to groups with an environmental and environmental justice focus and community-based groups by email and phone to see if they would like to provide input for this assessment. We will also provide a summary of the proposal to Tribes and provide an opportunity for government-to-government consultation. As we schedule opportunities for public feedback and participation, we will share them through our website. Completed
Wood Stove Standards Agency Request Legislation: An Environmental Justice Assessment (per RCW 70A.02.060)
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
08/15/2024 08/15/2024 09/06/2024 Commerce, Department of Agency-request legislation Enabling Compliance with the Clean Buildings Performance Standard The Clean Buildings Performance standard, passed in 2019 (HB 1257) and expanded in 2022 (SB 5722), sets first-in-nation energy efficiency standards for large buildings in the state. In the 2023 capital budget, the legislature directed Commerce to convene a workgroup to study the financial impacts for the standard’s largest buildings (also called Tier 1 buildings) to comply with the law. The workgroup, composed of representatives from across the Washington buildings sector, has convened for more than a year to identify barriers and opportunities for the Clean Buildings performance standard. The workgroup is developing a list of recommendations to help building owners be able to comply more easily with the statewide standard. This ARL will bring forward several of those legislatively-focused recommendations on increasing the options buildings can use to comply with the standard. Public comments for this EJA can be submitted to buildings@commerce.wa.gov. Completed
Enabling Compliance with the Clean Buildings Performance Standard
09/24/2024 08/21/2024 09/24/2024 Commerce, Department of Agency-request legislation ​​Proposed agency request legislation - Reducing rolling resistance of motor vehicle replacement tires ​​Commerce is proposing new agency request legislation and related funding in the 25-27 operating budget to create and implement energy efficiency standards for replacement tires.​ Commerce will conduct both broad-based and focused engagement in the fall prior to introduction, including: ​A public workshop and/or listening session, held virtually to increase accessibility ​An online survey ​Inviting community based organizations who have engaged on the Transportation Electrification Strategy and other Energy Division activities to participate in engagement activities and/or smaller meetings ​Requesting information and feedback, written or through meetings, from small business tire retailers and fleets​ Completed
Tire cost reduction act - reducing the rolling resistance of motor vehicle replacement tires
08/21/2024 08/21/2024 08/27/2024 Commerce, Department of Agency-request legislation Public Disclosure Protections for Energy Critical Infrastructure Information Proposing a change to RCW 42.56 which would exclude critical infrastructure information (as defined by Federal law) from public disclosure. This would encourage utilities to report physical and cybersecurity threats and damage with the Energy Resilience & Emergency Management Office for coordination on response and restoration activities. Stakeholder interviews Email comments submitted to eli.king@commerce.wa.gov Completed
Public Disclosure Protections for Energy Critical Infrastructure Information
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
08/30/2024 08/30/2024 10/25/2024 Commerce, Department of Agency-request legislation ARL - Increase ADO Funding & Update Governing Statute Proposed bill addresses inequitable reporting requirements, provides equitable funding floors and ceilings, and addresses ADO match requirements that provide greater discretion to the agency to define. Open meeting, written comment, and solicitation through ADO association. Completed
ARL - Increase ADO Funding & Update Governing Statute
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
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
09/10/2024 09/10/2024 Ongoing Commerce, Department of Agency-request legislation Advance Payment for Small Organizations and Tribes Proposing a new section in Chapter 43.330 RCW that allows Commerce to provide advance payment with small organizations and tribes. Payments would be no more than 25% of contract, or three months of projected contractual expenses, whichever is smaller. Commerce shall have risk mitigation strategy to ensure clarity and efficiency of fund disbursement. This ARL benefits communities by decreasing barriers to access funding which may improve health and wellbeing. This ARL came from communities' and tribes' input over the course of several years. Reimbursement-based funding has continued to be a barrier for smaller entities to contract with Commerce. Once the EJA is posted, public comment can be sent via email to Kyle.Glitchell@commerce.wa.gov. Other methods are TBD. Ongoing
09/13/2024 09/12/2024 Ongoing Ecology, Department of Agency-request legislation Solar Panel Takeback Program Delay Ecology is submitting agency request legislation to request a delay in the effective dates in Washington’s Solar Panel Takeback Program law. The state’s clean energy transition is facing a setback if a provision in the solar panel stewardship and takeback program goes into effect on July 1, 2025. The agency request legislation will enable the industry to legally continue operating in the state while solutions are being developed and allows for the creation of a facilitated advisory committee to identify issues with the law and develop recommendations for adjustment. Ecology will be conducting an Environmental Justice Assessment during the month of September. We will share information and opportunities for public comment on our website and through email. We intend to provide an online public meeting, individual and small group meetings. Additionally, Ecology will accept written and online public comments. Ongoing
09/18/2024 09/13/2024 Ongoing Commerce, Department of Agency-request legislation Relating to the Transportation Electrification Strategy Through the Washington Electric Vehicle Program (WAEVCP), the state makes critical investments in community-based electric vehicle charging infrastructure. Providing $105 million in the 25-27 biennial Capital budget will ensure the state can narrow gaps in charging access and keep pace with growing electric vehicle adoption. Charging investments are an essential component of the state’s strategy to limit greenhouse gas emissions as required in RCW 70A.45.020 and reach motor vehicle emission standards set in RCW 70A.30.010. This ARL also proposes maintaining current funding levels in the Operating budget for passenger vehicles and chargers to investment in strategies that more directly address EV infrastructure barriers. Advisory groups, community meetings (as guest), listening sessions (as host), stakeholder interviews Ongoing
09/17/2024 09/17/2024 Ongoing Ecology, Department of Significant legislative rules Human Health Criteria rulemaking Ecology is conducting this rulemaking to provide clarity on the water pollution limits that protect human health and are used in clean water programs in Washington state. This action would transfer the existing federal limits into state rules and would not change any of the existing human health criteria for Washington. The human health criteria protect people, particularly those who eat fish and shellfish and drink untreated water, from experiencing long-term health effects from pollution in rivers, lakes and marine water in Washington. This is a unique rulemaking as it does not change the pollution limits that are already in place for Washington. In 2016 and 2022, the U.S. Environmental Protection Agency (EPA) set some of the human health criteria for Washington, so those limits are in federal rule, instead of state rule like the rest of Washington’s pollution limits. Ecology aims to provide clarity on the regulations by adopting the federal human health criteria. Ecology received feedback from the public and Tribes during prior rulemakings that making this change should be a priority for the state. This rulemaking is a shorter process than most. Because this rulemaking will adopt federal regulations without changing them, this rulemaking is exempt from the usual requirements to complete a pre-proposal statement of inquiry (CR-101) and will instead move starting to the rule proposal (CR-102). For this rulemaking action, Ecology will open a public comment period and hold a public hearing to receive public input on the rule proposal, offer Tribal consultation, meet with Tribal water quality staff and offer to connect with other fishers and vulnerable populations. We will accept comments from 12 a.m. on Sept. 17, 2024, until 11:59 p.m. on Oct. 25, 2024. Submit comments online or at the public hearing on Oct. 22, 2024, 5:30 p.m. Details on how to access both the public comment submission form and the public hearing are on the webpage below. To discuss this rulemaking outside of the above noted opportunities, contact Faith Wimberley, Environmental Justice Planner at faith.wimberley@ecy.wa.gov or (425)275-7285. 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
10/02/2024 09/30/2024 Ongoing Ecology, Department of Capital project, grant, or loan award of at least $12 million Northshore Levee 2023-25 Capital Budget Proviso The purpose of this action came from the 2023 State Legislature which provided a 2023-25 Capital Budget appropriation for a one-time grant solely as state assistance to the cities of Aberdeen and Hoquiam to match federal funding for: * Aberdeen-Hoquiam flood protection project. * North shore levee. * North shore levee-west segments. Anticipated benefits from the 2023-25 Capital Budget proviso include providing matching state funds that supplement other local, state, and federal funds for the ongoing Northshore Levee mitigation efforts for flood control by the communities in Hoquiam and Aberdeen. The project once constructed will remove large areas of Aberdeen and Hoquiam from the floodplain and will place them in a mapped Zone X through a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA). Protected properties will benefit from the elimination of mandatory flood insurance through the National Flood Insurance Program (NFIP). The levee system will include a levee, and an interior drainage pump system as required by FEMA. The North Shore Levee implementation efforts bring significant environmental and public health benefits. Residential households, developers, shellfish industry and consumers, and Tribes may experience these benefits. Ecology’s Office of Chehalis Basin (OCB) plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, for the purpose of the environmental justice assessment of this 23-25 Legislative provision in October 2024. OCB will conduct public engagement in October 2024, through an informational blog post and article in area media outlets, as well as provide time for public comments through emails to OCB contacts. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Through methods yet to be determined, OCB will identify additional opportunities to engage overburdened communities in Grays Harbor County and the local communities and provide opportunities for their involvement in this legislative funding opportunity. OCB will invite Tribal consultation and conduct staff outreach with impacted Tribes which includes but may not be limited to the Quinault Indian Tribe and Confederated Tribes of the Chehalis Reservation. 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
10/10/2024 10/10/2024 Ongoing Ecology, Department of Significant legislative rules Rulemaking to add Chapter 173-448 WAC, Air Quality in Overburdened Communities Ecology is beginning rulemaking to add a new rule – Chapter 173-448, Air Quality in Overburdened Communities – to implement parts of Chapter 70A.65.020 RCW, Environmental justice review. This law passed in 2021 as part of the Climate Commitment Act and directs Ecology to reduce criteria air pollution in overburdened communities (OBCs) highly impacted by air pollution. The law requires Ecology to take certain actions, like adopt stricter emission standards in communities identified as overburdened and highly impacted by air pollution. The processes and details for these actions are not included in the law. As a result, this rulemaking is needed to specify the process and procedure that Ecology will follow to reduce criteria air pollution as instructed in the law. Intended environmental benefits include: • Reducing criteria air pollution will improve air quality in overburdened communities Intended health benefits include: • Reducing negative health effects associated with exposure to criteria air pollution Populations expected to be impacted • People who live, work, and spend time in overburdened communities • Businesses whose operations may be impacted Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations. Engagement is anticipated to begin early in 2025 and will include virtual public meetings, comment periods, and other targeted outreach, additional details of which will be shared on our rulemaking website and email distribution list. Ongoing

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