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 | |
|---|---|---|---|---|---|---|---|---|---|
| 02/01/2024 | 02/01/2024 | 08/30/2024 | Health, Department of | Agency-request legislation | Proposed Legislative Changes- Chapter 70.90 RCW | The Washington State Department of Health (department) is conducting an Environmental Justice Assessment on potential agency legislative action for 2025. The department is considering a bill to amend chapter 70.90 RCW which regulates water recreation facilities. The proposed amendments would align state law with the federal Centers for Disease Control and Prevention (CDC)’s Model Aquatic Health Code (MAHC) standards. The MAHC is based on the latest science and water recreation best practices. | Proposed amendments to chapter 70.90 RCW will be posted on our webpage below and sent out via email to interested parties for their review. Comments on proposed amendments can be sent to waterrecreation@doh.wa.gov. Visit our website for more information on how to get involved. |
Completed Chapter 70.90 RCW, Water Recreation Facilities EJA Report |
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| 04/15/2025 | 03/31/2025 | Ongoing | Health, Department of | Agency-request legislation | Agency-request legislation to revise the definition of a "Public Water System" | The Washington State Department of Health (DOH) is conducting an Environmental Justice Assessment on agency-proposed legislation that would change the definition of a “public water system” in RCW 70A.125.010(12) and WAC 246-290-020(1) and 246-291-010(51). The current definitions of a public drinking water system state that systems “with four or fewer connections all of which serve residences on the same farm” are not subject to regulation, but do not clarify if the exemption applies to Group A or Group B systems . The definitions in our state laws and rules need to be as strict as the federal Safe Drinking Water Act to ensure all water systems that meet the Group A threshold are regulated as Group A public water systems, without exception. We need a change in legislation (RCW) to allow clarification in state rules (WAC). This rule revision will: • Align state and federal definitions of a “public water system”, • Further clarify the difference between a Group A public water system and a Group B public water system, and • Clarify exclusions only from a Group B public water system for four or fewer connections to single-family residences on the same farm. | Community members will have an opportunity to engage with this EJA through public comment periods, surveys, and direct outreach/listening sessions. Community members will be notified of opportunities to engage through the distribution of One-pagers, Radio Announcements, Newsletters and other outreach methods. |
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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| 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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| 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) |
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| 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 |
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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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| 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 |
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| 10/19/2023 | 10/19/2023 | 01/14/2024 | Ecology, Department of | Agency-request legislation | Carbon market linkage changes | The Department of Ecology is considering proposing legislation that would modify the Cap-and-Invest Program to allow linking the Washington’s carbon market with the joint California-Quebec market, creating a single shared market. A legislative proposal will only be put forward for consideration if Ecology’s Director decides to pursue linkage. Parts of the law that might be proposed to be amended include, but are not limited to, changes to purchase limits, auction application timelines, and other provisions | The public may comment at any time by visiting the agency webpage below. The Department will also host two public listening sessions on this agency request legislation on Wednesday, Oct. 25, at 5 p.m and Thursday, Oct. 26, at 9 a.m. More information on the listening session is located on the agency webpage. |
Cap-and-Invest Program Agency Request Legislation |
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| 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 |
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| 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 |
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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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| 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 |
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| 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 |
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| 08/15/2024 | 08/15/2024 | 09/06/2024 | Commerce, Department of | Agency-request legislation | Unlocking the Clean Building Incentive Program | 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 Unlocking the Clean Building Incentive Program |
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| 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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| 09/18/2024 | 09/13/2024 | 09/30/2024 | 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 |
Completed Relating to the Transportation Electrification Strategy- EV Charging and Infrastructure Development |
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| 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 |
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| 07/25/2024 | 07/25/2024 | 09/25/2024 | Commerce, Department of | Agency-request legislation | Change to Reentry Council Statute | ARL to request changes to the Washington State Reentry Council RCW to 1) allow for compensation for community members participating on the council for their lived experience, and 2) to expand the Council to include 2 additional representatives of people who are currently incarcerated. | Advisory Groups |
Completed Reentry Council Changes - Agency Request Legislation |
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| 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 |
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| 08/21/2024 | 08/21/2024 | 08/27/2024 | Commerce, Department of | Agency-request legislation | Public Disclosure Protections for Energy Critical Infrastructure Information | Proposing a change to RCW 42.56 which would exclude critical infrastructure information (as defined by Federal law) from public disclosure. This would encourage utilities to report physical and cybersecurity threats and damage with the Energy Resilience & Emergency Management Office for coordination on response and restoration activities. | Stakeholder interviews Email comments submitted to eli.king@commerce.wa.gov |
Completed Public Disclosure Protections for Energy Critical Infrastructure Information |
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| 06/24/2025 | 06/19/2025 | Ongoing | Commerce, Department of | Agency-request legislation | Increasing AMI for Rural PSH | Expand RCW 36.22.250 Section 5 to include up to 50% AMI for Permanent Supportive Housing in rural areas. | Advisory groups, surveys |
Ongoing |
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| 09/24/2024 | 08/21/2024 | 09/24/2024 | Commerce, Department of | Agency-request legislation | Tire Cost Reduction Act- 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 |
Action did not move forward Tire cost reduction act - reducing the rolling resistance of motor vehicle replacement tires ARL not moving forward |
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| 07/25/2024 | 07/25/2024 | 09/23/2024 | Commerce, Department of | Agency-request legislation | Victims of Crime Act Stabilization | OCVA’s most significant resources for crime victims in Washington is tied to federal funding associated with the Victims of Crime Victim’s Act (VOCA). Federal VOCA Assistance funds have been declining and, in response, the state has provided supplemental funds that will expire on June 30, 2025. We are anticipating a very severe “funding cliff” for WA state if both state supplemental funds go away and federal VOCA funds are reduced as projected. Washington state needs a sustainable solution to maintain VOCA infrastructure and ensure access to services for victims/survivors. | Advisory Groups Email comments Listening Sessions (as host) Surveys Draft EJA posted for public comment at the link below |
Action did not move forward Victims of Crime Act (VOCA) Stabilization - Agency Request Legislation (ARL) N/A |
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| 06/24/2025 | 06/17/2025 | Ongoing | Commerce, Department of | Agency-request legislation | Legislative Reports Repeal ARL | Commerce complies with dozens of legislative reporting requirements every year. Many of the reports: have due dates that don’t align with the availability of the information needed for the report; were the priority of a previous Governor but not the current Governor; or would better serve communities as updates on the Commerce website rather than as a legislative report. Commerce staff can strengthen communities by spending less time on reporting requirements and more time doing the work to implement programs in the communities. This ARL will help us address this by streamlining the reporting workload for program staff, freeing them up to do more impactful work in and with communities. As part of the ARL process, we will review our current list of statutorily-required legislative reports and create a list of see which reports can be eliminated or changed to the more efficient website publication process. That list will be the focus of this ARL and will lead to changes in the relevant reporting statutes. The changes will free up program staff to do more programmatic work. It will save money from reducing the need to hire third-party contractors to write the report for us, when we don’t have staff available to write them. It also lessens the amount of time and money that usually goes into editing those third-party reports. | We will be having conversations with the Gov's office, OFM, other state agencies, local governments, and the legislature to best determine which reports make sense to repeal or amend. Once the list is complete, we will present it at a HEAL Community Involvement Session for review and comments by interested community members. We will also accept emailed comments. |
Ongoing |
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| 08/25/2023 | 08/01/2023 | 03/04/2024 | Agriculture, Department of | Agency-request legislation | Agricultural Pest and Disease Revolving Funds | This significant agency action establishes permanent funding to prepare for, prevent, detect, contain, and eradicate identified agricultural pest and disease threats before they become established and authorizes funding for WSDA to take immediate actions to build capacity, execute rapid response, and maintain trade resiliency. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly in communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Completed An Environmental Justice Assessment of the Establishment of an Agricultural Pest & Disease Revolving Fund |
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| 08/26/2024 | 03/01/2024 | 10/02/2024 | Commerce, Department of | Agency-request legislation | Establish a Clean Energy Development Office within Commerce | The Clean Energy Development Office would promote and support statewide clean energy planning (i.e., identify preferred areas for clean energy development and transmission corridors); develop incentives and other mechanisms to guide clean energy development to appropriate areas (tax policy, community benefits, zoning, workforce development, etc.); support transmission planning and interconnection to the grid; and manage a dashboard to track clean energy development and progress toward meeting clean energy goals. It would also lead Build- Ready development (modeled on a NY Program) that pre-permits sites and then auctions them to developers to reduce time and risk for clean energy projects. | The CEDO concept is an outgrowth of previous engagement work conducted for the Low Carbon Siting Study (2022) and an independent assessment required by HB 1216 (Beveridge & Diamond, 2024). The concept is also reflected in letters sent by a coalition of environmental organizations including TNC, Audubon and others. In addition, the concept is reflected in recommendations from the Clean Energy Siting Council, established under HB 1216, which includes representatives from the Governor’s Office of Indian Affairs and the Environmental Justice Council. Additional feedback will be sought from tribes and members of overburdened communities and vulnerable populations as this concept is developed. Commerce has been reaching out directly to stakeholders and fielding public comments. |
Completed Establish a Clean Energy Development Office within Commerce |
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| 03/18/2024 | 12/01/2023 | Ongoing | Health, Department of | Agency-request legislation | Cottage Food Operations Agency Request Legislation | The Department wants to add Cottage Food Operations into the public health system. This will help us direct our food safety and community engagement efforts with those who want to sell food prepared in home kitchens. | food.safety@doh.wa.gov |
Ongoing |
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| 06/24/2025 | 06/19/2025 | Ongoing | Commerce, Department of | Agency-request legislation | Streamline Housing Definitions | Three changes to bring RCW language in line with implementation needs, including coordinated updates to statutes to improve clarity and consistency: 1. Clarify the definition of Permanent Supportive Housing (PSH) 2. Align definitions of “shelter” across RCWs 3. Add a definition of “imminently homeless” to RCW 43.185C | Advisory groups, focus groups, and surveys |
Ongoing |
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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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| 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 |
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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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| 07/30/2024 | 05/10/2024 | 10/02/2024 | Commerce, Department of | Agency-request legislation | Direct Cash Transfer for Youth Pilot Program | Agency Request Legislation with funds appropriated to implement a pilot program during 2025-2027 to give direct cash transfers to youth experiencing homelessness or housing instability | Currently, the funds passed during the 2023-2024 legislative session to contract and design a direct cash transfer program are being utilized to host a team of individuals with lived experience to host focus groups and decide how to design the pilot program. OHY has agreed that we can utilize the existing planned focus groups which will occur in late August to specifically ask about environmental justice and health in relation to the proposed program to utilize for the final EJA. |
Completed Direct Cash Transfer for Youth Program ARL |
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| 11/12/2024 | 09/30/2024 | 11/06/2024 | Natural Resources, Department of | Agency-request legislation | Surface Mine Reclamation Project | DNR Surface Mine Reclamation Program (SMRP) administers the Surface Mining Act (RCW 78.44), regulating the reclamation of over 850 surface mines across Washington state. Reclamation includes ensuring that when mining is complete, slopes on site are stable, storm water quantity and quality are similar in nature to pre-mining conditions, and the site is well-prepared for its designated subsequent use. SMRP is fully fee-funded and requires a fee increase in order to continue meeting its minimum regulatory legal requirements. The proposal will standardize permit application fees (all will cost $4,500) and will increase annual permit fees for private and some public mines from $2,000 to $3,500. It will increase annual fees for public mines that use their sites for public works projects from $0, $1,000, or $2,000 to $2,500. | SMRP convened two meetings of a stakeholder group to solicit feedback and discussion about this fee increase proposal. The stakeholder group comprises a group of small and large mining company representatives and public agency representatives. These are permit holders who operate mines across the state. SMRP has not solicited feedback from people from overburdened communities and vulnerable populations. DNR will formally invite Tribes 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. |
Completed ARL to amend RCW 78.44 to requires a fee increase in order to continue meeting DNR's minimum regulatory legal requirements. |
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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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| 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 |
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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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| 07/11/2024 | 06/25/2024 | 09/12/2024 | Commerce, Department of | Agency-request legislation | WSBO Program Update, including SBO Goals Update and Transfer of the administrative duties for the Digital Equity Forum to the Office of Equity | This Agency Request Legislation will accomplish two things. First, to formally move the administration of the Digital Equity Forum to the Office of Equity. Second, we also plan to update WSBO goals in RCW 43.330.536 to better align with the current work in PWB, CERB and the SBO. | Input for this ARL can be provided using our public comment form. https://app.smartsheet.com/b/form/78649f9ca0b74d35854a7e817bd0e349 |
Completed State Broadband Office Program Update ARL |
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| 07/30/2024 | 05/10/2024 | 10/02/2024 | Commerce, Department of | Agency-request legislation | Housing- and Homelessness-Related RCW Changes | This proposal seeks to make seven (7) RCW changes to streamline and clarify statutes related to housing and homelessness programs operated by Commerce. | Tribal engagement and survey |
Completed Housing and Homelessness Related RCW Changes ARL |
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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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| 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. |
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| 07/31/2024 | 07/25/2024 | Action did not move forward | 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 |
Action did not move forward ARL did not move forward. |
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| 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 |
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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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| 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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| 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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| 07/18/2024 | 07/18/2024 | 09/17/2024 | Commerce, Department of | Agency-request legislation | Change to Lead Based Paint Statute | The Lead Based Paint program at Commerce helps prevent lead exposure through certification, accreditation, enforcement, and compliance with lead-safe work practices. This agency request legislation (ARL) would update RCW 40A.420 to allow for rulemaking to set certification fees, update outdated rules, and clarify that Commerce is at least as protective as federal and state regulations. It supports efforts to reduce lead exposure in houses or child-occupied facilities built prior to 1978. Lead based paint is extremely harmful and toxic to the environment and human health. | The Lead Based Paint program has notified its stakeholders of the proposed agency-request legislation and is requesting feedback via email, electronic survey, and/or virtual meeting. |
Completed Change to Lead Based Paint Statute |
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| 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 |
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| 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. |
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| 11/28/2023 | 09/01/2023 | 12/05/2023 | Commerce, Department of | Agency-request legislation | Codifying 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 |
