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 | |
|---|---|---|---|---|---|---|---|---|---|
| 05/29/2025 | 11/15/2023 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | Bainbridge Island Ferry Terminal Electrification Project | Install underground power cable from the Bainbridge Island Murden Cove Puget Sound Energy (PSE) substation approximately 2.5 miles within State Route (SR) 305 right of way to metering and distribution equipment at the holding lanes, and then to a vessel charging system at terminal trestle slip 1. | WSFelectrification@WSDOT.WA.GOV |
Ongoing |
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| 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 |
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| 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 |
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| 01/25/2024 | 01/22/2024 | 04/29/2024 | Commerce, Department of | New grant or loan program | 23-25 Combined Renewable Energy Programming | Energy Programs in Communities (EPIC) (Energy Division) will be running a combined, single application RFA for multiple programs in January 2024, five of which are brand new programs requiring an EJA: Hard to Decarbonize Sectors Grants, Clean Energy Siting and Permitting Grants, Large Scale Solar Innovation, Dual Use Solar Pilot Grants, Solar + Storage for Community Facilities, Community Solar + Storage for Low Income Grants. This combined EJA will focus on these provisos and their respective EJ concerns. | A 30 day public comment period as well as a virtual public listening session for further comment. |
Completed FY 23-25 Combined Renewable Energy Programming |
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| 04/11/2024 | 04/11/2024 | 02/19/2025 | Commerce, Department of | New grant or loan program | 40101(d) Grid Resilience Grant Program | The EPIC Unit in the Energy Division is developing a new grant program for electric grid resilience projects across the state. This will be a competitive solicitation using funding awarded to Washington State by the Department of Energy (DOE) from DOE's 40101(d) Grid Resilience State/Tribal Formula Grant Program. The program intends to strengthen grid resilience through funding projects that reduce the frequency, duration, and/or impact of power outages. | The methods for which public comment can be provided for state agency consideration are still being determined. In a recent EJ Assessment, a written public comment period was opened, alongside a survey and a virtual feedback session. These options will be considered for this EJA. DRAFT EJA LINKED FOR PUBLIC COMMENT |
Completed Washington’s 40101(d) Grid Resilience Funding |
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| 04/16/2024 | 04/11/2024 | 04/25/2024 | Agriculture, Department of | Significant legislative rules | Accreditation of Cannabis Laboratories | The WA State Department of Agriculture is proposing a new ruleset to establish a state program for the accreditation of cannabis laboratories in accordance with the standards set forth in 16-309 WAC. The purpose of the program is to ensure that laboratory standards described in chapter 16-309 WAC are followed when testing cannabis and cannabis products in Washington State. | 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. |
Completed An Environmental Justice Assessment of the Establishment of Chapter 16-310 WAC, Accreditation of Cannabis Laboratories |
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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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| 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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| 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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| 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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| 01/12/2024 | 01/08/2024 | 10/23/2024 | Agriculture, Department of | Significant legislative rules | Aligning electric vehicle supply equipment rules in chapter 16-662 WAC with federal technical requirements | Amends chapter 16-662 WAC, Weights and Measures, to align with the Federal Highway Administration's National Electric Vehicle Infrastructure program's technical requirements for electric vehicle supply equipment payment methods. | 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. |
Completed An Environmental Justice Assessment Of the Electric Vehicle Supply Equipment Amendments to Chapter 16-662 WAC |
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| 01/10/2024 | 12/04/2023 | Ongoing | Agriculture, Department of | Significant legislative rules | Aligning general pesticide rules with federal certification and training standards | Amends chapter 16-228 WAC, General Pesticide Rules, to align with SB 5330 (Chapter 186, Laws of 2023), the federal certification and training standards in 40 CFR 171 passed in 2017, and the Washington Plan for Certification of Pesticide Applicators approved by the Environmental Protection Agency in December 2022. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Ongoing |
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| 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 |
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| 10/14/2024 | 10/17/2023 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending chapter 16-303 WAC to increase seed certification fees | In response to a petition for rule making submitted by the Washington State Crop Improvement Association (WSCIA), the department is considering amending WAC 16-303-340 by increasing fees to align with the current cost of providing certification services, add quinoa as a crop that is certified under this section and otherwise align with the department’s seed certification rules and fees. | TBD |
Ongoing |
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| 07/19/2024 | 04/17/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending chapter 16-752 WAC, by adding species to the prohibited plants list. | Adds additional species to the noxious weed seed and plant quarantine, which would prohibit their sale and distribution. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Ongoing |
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| 07/19/2024 | 04/23/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending the Apple Maggot Quarantine Boundary in chapter 16-470 WAC. | As a result of a petition for rule making, the department is considering expanding the apple maggot quarantine area in Okanogan County. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Ongoing |
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| 07/19/2024 | 03/24/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending the commercial feed and pet food/specialty pet food rules in chapters 16-250 and 16-252 WAC. | Adopts the latest version of the Association of American Control Officials (AAFCO) Official Publication (OP), clarifying areas of the rule regarding livestock feed and including additional categories of product types that were previously absent. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Ongoing |
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| 07/19/2024 | 06/24/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending the fees that support the Fruit & Vegetable Inspection Program in chapter 16-390 WAC. | Increases Fruit & Vegetable Program fees and revises the fee schedule to more accurately reflect the scope of services provided, including but not limited to adding fees for services that are not specifically identified in current rule. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Ongoing |
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| 04/16/2025 | 04/16/2025 | Ongoing | Ecology, Department of | Significant legislative rules | Amendments to Chapter 173-158 WAC, Flood Plain Management | Ecology is leading an expedited rulemaking to reflect a 2024 amendment to the state’s floodplain management law (RCW 86.16) that occurred with the passage of Senate Bill 5649. Through this rulemaking, Ecology will make minor changes to Chapter 173-158 WAC. The new rule will make it possible for Ecology to issue a waiver that would allow some lower-risk homes located in FEMA-designated “floodways” to be structurally altered (for example, through home elevation) to make the homes safer from future flood events, as long as other requirements of the local land use authority (county, city, or town) are met. The current rules only allow Ecology to issue such a waiver to make these structural changes after a home has been damaged by flooding, not beforehand. Under the state floodplain management law, owners of homes that are located fully or partially in a floodway are allowed to make structural changes to their home without seeking permission from Ecology, as long as the cost of those changes does not equal 50% or more of the home’s value. This impacts homes with different values in different ways. For example, if the average cost to elevate a home is $110,000, the owner of a $500,000 home would be able to elevate their home without triggering the 50% threshold; but the owner of a $200,000 home would have to seek a waiver from Ecology to take the exact same action. The change made to the law in 2024 was intended to address this, and the new rule is expected to make it more likely that lower value homes would be eligible for the waiver. The current rule applies statewide but only affects areas that currently have mapped FEMA floodways, and/or any future FEMA-mapped floodway. The new rule would apply to the same areas. | Ecology will notify the public of this rulemaking through various outreach efforts and online resources, including engagement with the Washington State Association of Counties and the Association of Washington Cities. Ecology will solicit public input through agency webpages and written comments submitted via email. We welcome comments and questions from members of overburdened communities and vulnerable populations. Please reach out to Jonathon at jloo461@ecy.wa.gov to discuss this rulemaking in more detail. |
Ongoing |
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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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| 12/30/2024 | 12/30/2024 | Ongoing | Ecology, Department of | Capital project, grant, or loan award of at least $12 million | Award for Chinook Marsh Restoration | The purpose of this action is to provide $16.7 million to Snohomish County to implement the Chinook Marsh restoration project, which will complete a tidal reconnection project in the Snohomish River estuary. This award is part of the NOAA Climate Resilience Regional Challenge (CRRC), for which the Washington Department of Ecology was awarded $73.5 million dollars to pass through in order to advance a portfolio of collaboratively developed climate resilience projects. The Department of Ecology collaborated with over 30 local jurisdictions, Tribal governments, state agencies, and nonprofit organizations to select and co-develop projects to improve resilience and enhance the climate adaptation capacity of local communities, prioritizing those that have been marginalized, underserved, and/or underrepresented. 81.3% of the Washington CRRC award funds (just under $61 million) will go towards projects located in or co-created with frontline communities and Tribes. $18.7 million will go toward projects located in disadvantaged communities (as identified by the federal Climate and Economic Justice Screening Tool) while $41.7 million will go to projects implemented in partnership and in co-creation with Tribes. As one of the subawardees in this portfolio, Snohomish County will complete a tidal reconnection project in the Snohomish River estuary by breaching the existing levee system and constructing a setback levee. Funds will be used to secure contract services through a bid process to implement all required construction tasks according to the restoration designs currently under development. This work is necessary to provide natural resiliency to climate change exacerbated floods, storms, and sea level rise. | Washington Department of Ecology collaborated with Snohomish County in the planning for this project. This project was designed within the community and collaboratively with local stakeholders and partners. The project is located in a community identified as overburdened, and community members and Tribes helped co-develop the project and have ongoing opportunities to provide comments. The funds that are to be subgranted to Snohomish County are for the construction phase of this project. Snohomish County is currently in the conceptual design phase, with preliminary design anticipated by 2025 and final design anticipated by 2026. Snohomish County is currently collaborating with project partners and conducting outreach. They expect to make the preliminary project design available for review in spring 2025 and will incorporate comments and concerns into the final design. Opportunities for comment can be found on Snohomish County’s Chinook Marsh project page. Tribal partners are integrally involved with this project, and information sharing with other Tribal nations will be conducted by Snohomish County and NOAA. Additionally, the NOAA Office of Coastal Management will consult with potentially interested Tribes as part of the Federal Section 106 compliance process. Collaboration with and comment from the communities and tribes effected by this project will continue to inform the planning and design of this work. Snohomish County will report the result of their meetings, outreach and coordination to the Department of Ecology throughout the project period. Snohomish County and Ecology are open to and will continue respond to comments received via email regarding environmental justice, overburdened communities, or vulnerable populations impacted by the project and seek further involvement to address concerns. Ecology will do additional outreach with overburdened communities as needed to address Environmental Justice concerns. If you have comments on the Environmental Justice impacts or considerations for this project, you can reach out to the Ecology Project Manager, Julia, at jseb461@ecy.wa.gov. |
Ongoing |
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| 12/30/2024 | 12/30/2024 | Ongoing | Ecology, Department of | Capital project, grant, or loan award of at least $12 million | Award for Restoration and Recovery of the Willapa Bay North Shore | The purpose of this action is to provide $14.3 million to the Pacific Conservation District (PCD) to implement the Restoration and Recovery of the Willapa Bay North Shore project, which will restore a large section of Willapa Bay’s north shoreline. This award is part of the NOAA Climate Resilience Regional Challenge (CRRC), for which the Washington Department of Ecology was awarded $73.5 million dollars to pass through in order to advance a portfolio of collaboratively developed climate resilience projects. The Department of Ecology collaborated with over 30 local jurisdictions, Tribal governments, state agencies, and nonprofit organizations to select and co-develop projects to improve resilience and enhance the climate adaptation capacity of local communities, prioritizing those that have been marginalized, underserved, and/or underrepresented. 81.3% of the Washington CRRC award funds (just under $61 million) will go towards projects located in or co-created with frontline communities and Tribes. $18.7 million will go toward projects located in disadvantaged communities (as identified by the federal Climate and Economic Justice Screening Tool) while $41.7 million will go to projects implemented in partnership and in co-creation with Tribes. As one of the subawardees in this portfolio, Pacific Conservation District (PCD) will implement the Restoration and Recovery of the Willapa Bay North Shore project. This region was identified by CEJST as low income and was ranked in the 98th percentile or higher for both expected building loss rate and expected population loss due to natural hazards. Funds will be used for the installation of a nature-based dynamic revetment (small cobble, large woody debris, and root wads), staff time to manage the project and coordinate collaborative workshops with partners and stakeholders, staff equipment, native plant and other restoration materials, adaptive management, and travel for project construction and presentation of results at conferences. Funds will also be used to contract with an engineering firm to update final designs that were developed in 2020, and to fund for a separate activity with Ecology’s Coastal Monitoring and Analysis Program for pre- and post-construction shoreline monitoring. This project will bring funds directly to Pacific County businesses and residents and will improve the long-term economic and ecological vitality of the North Willapa region and its natural resource-dependent communities. | Washington Department of Ecology collaborated with PCD in the planning for this project. This project was designed within the community and collaboratively with local stakeholders and partners. The North Cove area is identified as overburdened. Community based organizations and Tribes in this overburdened community helped co-develop the project and had opportunities to provide comments. As the project moves forward, these groups will continue to be consulted and have opportunities for input. Collaboration with and comment from the communities and Tribes affected by this project will continue to inform this assessment, as well as the planning and design of this work. PCD will take the lead in holding additional community meetings, conducting further stakeholder outreach and coordinating with their local partners. PCD will consult with local and regional partners through the Willapa Erosion Control Action Now (WECAN) community forum and Coastal Hazards Resilience Network. PCD will work with Pacific County Drainage District No 1 on community participation and coordination throughout the project lifecycle, including facilitation/coordination of the WECAN community forum to ensure cohesion with related projects and partners. PCD will report the result of their meetings, outreach and coordination to the Department of Ecology throughout the project period. PCD and Ecology are open to and will continue respond to comments received via email regarding environmental justice, overburdened communities, or vulnerable populations impacted by the project and seek further involvement to address concerns. Tribal partners will be integrally involved with this project. PCD, the Department of Ecology and NOAA will conduct information sharing with Tribal nations in the project area. Ecology will support PCD and other project partners in this work, including participating in the WECAN network, providing technical assistance as needed, and advising on environmental justice impacts as needed. Additionally, the NOAA Office of Coastal Management will consult with potentially interested Tribes as part of the Federal Section 106 compliance process. Ecology will do additional outreach with overburdened communities as needed to address environmental justice concerns. If you have comments on the Environmental Justice impacts or considerations for this project, you can reach out to the Ecology Project Manager, Julia, at jseb461@ecy.wa.gov. |
Ongoing |
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| 12/30/2024 | 12/30/2024 | Ongoing | Ecology, Department of | Capital project, grant, or loan award of at least $12 million | Award for Washington State Coastal Climate Resilience Initiative – Washington State Department of Transportation North Olympic Peninsula – State Route 112 Highway Resilience | The purpose of this action is to provide $24.8 million to Washington Department of Transportation (WSDOT) to implement the State Route 112 (SR 112) resiliency project. This award is part of the NOAA Climate Resilience Regional Challenge (CRRC), for which the Washington Department of Ecology was awarded $73.5 million dollars to pass through in order to advance a portfolio of collaboratively developed climate resilience projects. The Department of Ecology collaborated with over 30 local jurisdictions, Tribal governments, state agencies, and nonprofit organizations to select and co-develop projects to improve resilience and enhance the climate adaptation capacity of local communities, prioritizing those that have been marginalized, underserved, and/or underrepresented. 81.3% of the Washington CRRC award funds (just under $61 million) will go towards projects located in or co-created with frontline communities and Tribes. $18.7 million will go toward projects located in disadvantaged communities (as identified by the federal Climate and Economic Justice Screening Tool) while $41.7 million will go to projects implemented in partnership and in co-creation with Tribes. As one of the projects in this portfolio, WSDOT will implement design, permitting, and construction of a suite of high priority projects on the critical transportation route State Route (SR) 112, which provides primary access for communities on the North Olympic Peninsula. Natural hazards like flooding and landslides, which will be exacerbated by climate change, impact and/or partially close the highway most winters, disrupting the only public road access for the Makah Tribe and remote communities in the region. This highway is a priority for WSDOT and is considered one of the most problematic travel corridors in the state. The bulk of funds will directly address climate hazards through the implementation of nature-based shoreline stabilization and raising the highway grade in high priority areas from MP 0-17. This project has been co-created with the Makah Tribe. WSDOT has also budgeted significant funds towards planning detour routes for this stretch of highway to ensure the Makah Tribe maintains access to critical and emergency services during SR 112 closures. Funds will also be allocated to a Pysht River Valley Corridor Realignment and Predesign Study to address flooding and erosion from MP 24-29; and New Alignment Studies at the Hoko River Crossing at MP 12, MP 32 at Jim Creek, MP 36, and Sumas Pass. Together, these projects will comprehensively address hazards in priority areas for the Makah Tribe, Lower Elwha Klallam Tribe, Clallam County, and the surrounding community. | Washington Department of Ecology has collaborated with the Washington State Department of Transportation (WSDOT) in the planning for this project. Outreach and public comment was and will be led by WSDOT in their role as the grant recipient and project lead. The project is located in a community identified as overburdened, and community members and Tribes helped co-develop the project and have ongoing opportunities to provide comments. WSDOT has held community meetings, stakeholder engagement and public comment on their designs for these projects on SR112. WSDOT has and will continue to collaborate with the Makah Tribe in the planning and design of this project in order to address critical coastal erosion concerns that threaten rural areas and support the planning work that will improve the resilience of Tribal lands and cultural resources while supporting future resilience actions, and support Tribal sovereignty in this climate adaptation planning and implementation. These projects were designed within Tribal communities and collaboratively with local stakeholders and tribes. Collaboration with and comment from the communities and Tribes affected by this project will continue to inform the planning and design of the SR 112 construction work. Tribal partners are integrally involved with this project, and information sharing with other Tribal nations will be conducted by WSDOT and NOAA. Additionally, the NOAA Office of Coastal Management will consult with potentially interested Tribes as part of the Federal Section 106 compliance process. WSDOT will report the result of their meetings, outreach and coordination to the Department of Ecology throughout the project period. WSDOT and Ecology are open to and will continue respond to comments received via email regarding environmental justice, overburdened communities, and vulnerable populations impacted by the project and seek further involvement to address concerns. Ecology will do additional outreach with overburdened communities as needed to address environmental justice concerns. If you have comments on the environmental justice impacts or considerations for this project, you can reach out to the Ecology Project Manager, Julia, at jseb461@ecy.wa.gov. |
Ongoing |
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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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| 08/29/2024 | 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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| 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 |
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| 09/12/2023 | 09/12/2023 | Ongoing | Ecology, Department of | Significant legislative rules | Cap-and-Invest Offsets Rulemaking (Chapter 173-446 WAC) | Ecology is considering amendments to Chapter 173-446 WAC to address new and revised cap and invest offset protocols. Offsets are projects or programs designed to reduce the amount of greenhouse gases (GHGs) in the atmosphere. In Washington’s cap-and-invest program, offset projects must also provide direct environmental benefits to our state. Offsets allow businesses to balance out the negative impacts of their emissions by funding a project that benefits the environment such as capturing methane on dairy farms or planting trees in urban areas. The scope of this rulemaking will include consideration of protocol updates or addition of new protocols to increase the potential variety of offset projects that can be developed within the cap-and-invest program, as directed by RCW 70A.65.170(4)(b). This statute directs Ecology to conduct rulemaking that ensures that any updates or additions to the offset program are both based in the best available science, and support the needs of landowners and communities in Washington state. | Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA... . Please contact Nikki Harris at nikki.harris@ecy.wa.gov for comments or questions. |
Ongoing |
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| 03/31/2025 | 03/31/2025 | Ongoing | Ecology, Department of | Significant legislative rules | Cap-and-Invest Program Updates and Linkage Rulemaking (Chapter 173-446 WAC and Chapter 173-441 WAC) | Last year, the Washington Department of Ecology initiated a rulemaking process to consider amendments to Chapter 173-446 WAC and Chapter 173-441 WAC that would facilitate the option of linking Washington’s carbon market with the California-Québec carbon market. We are announcing a new rulemaking today that replaces the previous rulemaking and expands the scope to include other necessary updates to the Cap-and-Invest program rules. In this new rulemaking, as required by the Climate Commitment Act (CCA) RCW 70A.65, the Department of Ecology is still exploring the option of linking Washington’s Cap-and-Invest carbon market with the California-Québec carbon market. This linkage would create a unified carbon market across the three jurisdictions so allowances issued by California and Québec could be used by Washington businesses for compliance, and vice versa. Linkage would also allow for joint allowance auctions, a common allowance price, and the free trading of allowances between jurisdictions. This rulemaking is needed to update Chapter 173-446 WAC and Chapter 173-441 WAC in line with these legislative changes and make other updates to ensure the rules are consistent with a potential linked market. The rule changes will not in themselves automatically establish linkage but will set the stage for future actions, such as signing a formal linkage agreement. Additionally, The Climate Commitment Act Program Rule requires the adoption of allowance budgets for the second compliance period (2027–2030), ensuring that emissions reductions align with Washington's 2030, 2040, and 2050 greenhouse gas emissions limits. This rule will also add one additional sector —waste to energy—to coverage under cap-and-invest as required by statute. Pursuant to the Climate Commitment Act Program Rule, Ecology will also modify and adopt rules to continue to address topics associated with imported electricity and centralized electricity markets. Ecology will consider rules relevant to allowance allocation to electric utilities. Through this rulemaking, Ecology will make updates as necessary to improve implementation of the Cap-and-Invest Program and to ensure the rule aligns with statute. | 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 and vulnerable populations for the purpose of developing the environmental justice assessment for this rule. Ecology will also hold Tribal forums and invite government-to-government consultation with Tribes. Ecology conducted engagement for the Linkage rulemaking and the comments gathered during that process will also be used to inform this Environmental Justice Assessment. Ecology is also available to meet with individual organizations and 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 Surabhi Subedi, Climate Pollution Reduction Program Rulemaking Planner, at CPRRulemaking@ecy.wa.gov |
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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| 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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| 07/25/2024 | 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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| 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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| 11/20/2024 | 11/20/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Chapter 173-423 WAC, Clean Vehicles Program Rulemaking | Ecology is considering amendments to Chapter 173-423 WAC, the Clean Vehicles Program rule. Washington law (RCW 70A.30.010) requires Ecology to adopt certain California regulations to maintain consistency with California’s emissions standards for new motor vehicles and engines. To date, Ecology has delivered on this Legislative requirement to adopt regulations consistent with the following California programs: Advanced Clean Cars, Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty Low NOx Omnibus standards. Ecology is currently considering amendments to Washington regulations that will track amendments to California’s Advanced Clean Trucks and Heavy-Duty Low-NOx Omnibus regulations currently adopted and/or under consideration by the California Air Resources Board (CARB). These amendments are important to streamline program implementation, provide additional compliance flexibility, and maintain consistency with other states and the federal government. The Advanced Clean Trucks regulations apply to medium- and heavy-duty engine and vehicle manufacturers and require zero-emission models to make up an increasing percentage of new vehicle sales in Washington, starting with engine model year 2025. The Heavy-Duty Low-NOx omnibus regulation applies to heavy-duty internal combustion engine manufacturers and requires them to meet more protective air quality standards, particularly on oxides of nitrogen and particulate matter, starting in model year 2026. Ecology is also inviting public input about additional California motor vehicle emissions standards the agency should consider adopting in a future rulemaking to comply with the requirements in Chapter 70A.30 RCW and efficiently and cost-effectively reduce greenhouse gas emissions from transportation in line with Washington’s greenhouse gas emissions reduction mandates in RCW 70A.45.020. | Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. Ecology will host an initial public information session on December 10, 2024 from 10:00 AM-Noon. As we schedule additional opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA.... Please contact Nikki Harris at nikki.harris@ecy.wa.gov for comments or questions. |
Ongoing |
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| 03/19/2024 | 03/19/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Chapter 173-905 WAC - Battery Stewardship Program | The purpose of this rulemaking effort is to implement new program requirements established under chapter 70A.555 RCW Batteries—Environmental Stewardship, which was passed by the state legislature in April 2023. The new law creates an extended producer responsibility program for recycling most types of batteries. Beginning January 1, 2027, battery producers are required to pay into a program that establishes a statewide network of battery collection sites that will provide opportunities for people to drop off batteries at no cost. These collection sites are to be accessible and convenient to overburdened communities identified by the department. This program will increase opportunities for battery recycling throughout the state and will improve consistency of existing battery recycling programs in Washington. Ecology intends to provide battery stewardship organizations regulatory clarity so that the program is implemented equitably across Washington. | 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 allow for all communities and individuals to provide valuable insights, feedback, and ideas regarding implementation of the law but will focus engagement efforts particularly on identified overburdened communities. Once Ecology has identified an overburdened community or vulnerable population, staff will connect with existing community groups wherever possible to utilize connections already established within that community. Staff also plan to use varied communications channels including virtual meetings, public hearings, and other targeted education and outreach to inform communities about the issues and impacts of the Battery Stewardship Program. Ecology will accept public comments during a formal comment period and multiple public hearings, the details of which will be shared on the rulemaking website and distributed to the email list for the rule in mid-2025. |
Ongoing |
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| 05/02/2024 | 05/02/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Chapters 173-18, -20, -22, -26, and -27 WAC, Shoreline Management Act Rules Update | The Department of Ecology is conducting rulemaking to amend Chapters 173-18, -20, -22, -26, and -27 under the Shoreline Management Act. These Chapters contain Ecology’s rules that carry out the provisions of the Shoreline Management Act. This includes the guidelines for local governments developing, amending, and administering shoreline master programs (SMPs) and standards for SMP administration, permitting, and enforcement. During this rulemaking, we will amend each of these WACs to ensure that our rules are current, reflect changes to the Shoreline Management Act, and clearly and efficiently guide local governments in upholding the goals of the Act. The scope of this rulemaking will be refined through the public engagement process but will include sea level rise. Some of the other topics we are considering may include shoreline stabilization, critical area protections, channel migration zones, mooring buoys, and more. Ecology is amending Chapter 173-26 and 173-27 WAC to: • Comply with the Shoreline Management Act (Chapter 90.58 RCW) and address issues that have we have identified through the review, adoption, and implementation of SMPs. These revisions will provide clarity around SMP approval/amendment procedures and permit and enforcement procedures. Additional amendments may be included for clarity. • Add requirements for local governments to address the impact of sea level rise and increased storm severity on people, property, and shoreline natural resources and the environment. Ecology is also amending Chapters 173-18 and -20 WAC, to update the list of streams, rivers, and lakes in completed SMP updates and amending Chapter 173-22 WAC to clarify designations of shorelands and wetlands associated with shorelines of the state. This rulemaking will be statewide. However, the specific requirement to address the impact of sea level rise and increased storm severity will apply only to jurisdictions with marine shorelines. | For this rulemaking, Ecology will develop and follow a communication plan for public outreach, including a dedicated focus on connecting with people from overburdened communities and vulnerable populations. For the environmental justice assessment, we plan to connect through multiple methods, such as virtual meetings and listening sessions, which will take place in 2024 and 2025. There will also be additional opportunities for people to connect during the rulemaking public comment period and public hearings. To learn more about the rulemaking process and opportunities to get involved, visit our website, which will be updated with more information. You can also join our email list, which is also on our webpage. |
Ongoing |
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| 01/18/2024 | 01/18/2024 | 02/12/2025 | Ecology, Department of | Significant legislative rules | Chapters 173-400 and 173-401 WAC, General Regulations for Air Pollution Sources | Chapter 173-400 WAC (General Regulations for Air Pollution Sources). This chapter establishes standards and rules to control and prevent pollution from air contaminant sources. The rulemaking will involve updating references to an Ecology technical manual used in source testing and certification. Chapter 173-401 WAC (Operating Permit Regulation). This chapter establishes Washington’s air operating permit program to comply with Title V of the Clean Air Act (CAA). Rule amendments to this chapter are needed to remain in alignment with federal regulations and fix an incorrect reference. | Ecology plans to conduct public engagement, with outreach focused on people from overburdened communities and vulnerable populations, for the purpose of developing the environmental justice assessment for this rule. We plan to hold informal stakeholder meetings during the rule development period where members of the public are invited to ask questions and provide comment. Meeting information will be provided via Ecology’s website and “Air Quality Rule and SIP Updates” email distribution list. We will hold also public hearing and comment period following rule proposal, which is expected in September 2024. Please contact Adam Saul at adam.saul@ecy.wa.gov with any comments or questions. |
Completed Rulemaking for Chapters 173-400, General Regulations for Air Pollution Sources and Chapter 173-401, Operating Permit Regulation |
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| 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 |
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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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| 09/27/2024 | 08/30/2024 | 04/28/2025 | 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. No comments were received on this EJA during the public comment window. |
Completed Clean Building Performance Grant |
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| 10/10/2024 | 07/01/2024 | Action did not move forward | Commerce, Department of | New grant or loan program | Clean Energy Ambassadors Program | Commerce is exploring a potential Clean Energy Ambassadors program that would offer education, planning, technical assistance, and community engagement across the state. If enacted, this program would offer funding for education, planning, technical assistance, and community engagement across the state to increase clean energy access for all and a just transition to a net-zero economy. Commerce is pursuing multiple funding sources that could enable the program to move forward in early 2025. Discussions at these community workshops will inform the future program. | Commerce seeks to listen and learn from communities and tribes about their visions for a clean energy future. This fall, we invite you to participate in regional workshops to share your ideas and learn about upcoming opportunities like Clean Energy Ambassadors. There are factsheets uploaded here (https://deptofcommerce.app.box.com/s/d6y2jd3wf0b1ghr6z4vjz9lxd2uag54a - soon to be available in multiple languages), and there is a registration form available here (https://app.smartsheet.com/b/form/54e49f8a01034da4967c3a169aee030d). Both have more information on dates, times, and locations. Commerce will also distribute this information via email to the update list that you can sign up for on this webpage: https://www.commerce.wa.gov/epic/, to organizations that have expressed interest in the program, and through other networks and modes of communication. DRAFT EJA VIEWABLE FOR PUBLIC COMMENT HERE: https://deptofcommerce.box.com/s/vopxz1cxl72rfl3hj64fovjiob3rd7rq, |
Action did not move forward Program not moving forward due to budget |
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| 12/18/2023 | 12/18/2023 | Ongoing | Ecology, Department of | Significant legislative rules | Clean Fuels Program Rulemaking (Amendments to 173-424 WAC) | Ecology is considering amendments to Chapter 173-424 WAC, Clean Fuels Program Rule. The rule aims to reduce the life-cycle greenhouse gas emissions per unit energy, or carbon intensity (CI), of transportation fuels used in Washington. This rulemaking is to align the Clean Fuel Standard (CFS) with Engrossed Substitute Senate Bill 5447 (ESSB 5447), which was signed into law on May 3, 2023. The law promotes the production and use of low-carbon alternative jet fuels, which are more commonly referred to as sustainable aviation fuels (SAF), in Washington. Ecology’s rulemaking will comply with ESSB 5447 by updating the date at which SAF pathway applications can be submitted for CFS credit generation. SAF reduces emissions from aviation, which has been identified as one of the most difficult transportation sectors to decarbonize. Lowering aviation emissions will also improve air quality and reduce health burdens on people living near airports and airport workers. Additionally, the rulemaking may consider the following changes to strengthen/streamline the CFS program: • Establishing requirements for a third-party verification program for fuel pathways and data reports submitted by program participants. • Establishing standards to encourage the production of low carbon intensity sustainable aviation fuels (SAF) production. • Amending/refining the compliance and enforcement process for the CFS program. • Updating the rule language to improve clarity and readability, align the rule with guidance documents, correct errors, and make miscellaneous improvements to program implementation. • Updating book-and-claim accounting requirements for electricity and biomethane. • Harmonizing the rule with Oregon and/or California low carbon or clean fuel program requirements. Ecology is not considering amending the other main components of the program, including annual carbon intensity standards, the Tier 2 WA-GREET model, and land use change factors. | Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, for the purpose of the environmental justice assessment of this rule. Engagement will begin in early 2024 and will include virtual public meetings, comment periods, and other targeted outreach, details of which will be shared on our rulemaking website and email distribution list. Please contact Adam Saul at adam.saul@ecy.wa.gov with any comments or questions. |
Ongoing |
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| 12/03/2024 | 12/08/2023 | Ongoing | Health, Department of | New grant or loan program | Climate Health and Adaptation Initiative Community Capacity Building Grant Program | The CHAI Community Capacity Building grant program is a partnership among DOH and other state, federal, and academic entities designed to help communities address their self-identified needs in a changing climate. Applicants may apply for resources to provide community resilience planning, mental health support, local capacity building support and other needs for climate hazard resilience. | Visit https://doh.wa.gov/node/17638 for more information. For questions about the CHAI Community Capacity Building Grant Program or the environmental justice assessment, please contact staff at OEPHSShared@doh.wa.gov. |
Ongoing |
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| 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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| 08/01/2024 | 08/01/2024 | Ongoing | Ecology, Department of | New grant or loan program | Climate Resilient Riparian Systems Lead grant program | The Washington State Department of Ecology, the Washington State Conservation Commission, and Bonneville Environmental Foundation, established a partnership coalition to promote innovative and sustainable approaches to riparian management. The Climate Resilient Riparian Systems Lead (CR2SL) team will administer sub-awards to Puget Sound partners that result in greater area of riparian acreage protected, restored, or maintained for climate resiliency. Surrounding Puget Sound communities will benefit from resulting riparian restoration efforts as these projects are known to increase canopy cover and green spaces, improve water quality and improve habitat for fish and aquatic life. The CR2SL team will engage key stakeholders and partners to design the funding program to best support their needs and to increase their efficiency and capacity. This approach will foster the identification of multi-benefit project opportunities to promote collaborative riparian area management in Puget Sound watersheds, including nature-based solutions to climate resiliency and adaptation. | The CR2SL program will use a variety of methods to engage with Puget Sound Tribes, as well as people from overburdened communities and vulnerable populations to inform this work, including: inviting formal consultation with Tribes; hosting virtual listening sessions for Tribal members and staff; distributing a Tribal listening session follow-up worksheet; inviting consultation with the Northwest Indian Fisheries Commission; inviting Tribal participation in the CR2SL advisory group; inviting a tribal liaison to participate in the CR2SL oversight team; hosting virtual and in-person meetings to solicit input from community based organizations operating within the program footprint; web content; and GovDelivery distribution list. Outreach and engagement efforts began in January 2024 and will continue throughout program development and implementation. Outreach and engagement will focus on Tribal engagement and engagement with the Puget Sound watershed restoration community, including community based organizations that represent overburdened and vulnerable communities that might potentially impacted by the new grant program. |
Ongoing |
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| 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 |
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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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| 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 |
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| 01/14/2025 | 08/27/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | Community Transit Swift Gold Line | Community Transit is preparing to improve transit service for Arlington, Marysville, and Everett by expanding the Swift bus rapid transit (BRT) network with the Swift Gold Line. If Community Transit is awarded a Regional Mobility Grant, WSDOT would provide a $15 million grant award to support this work. | Community Transit’s Community Engagement team is utilizing a four-phased engagement approach that began by introducing the project and gathering input on route options July 11-Aug. 7, 2024. In 2025, Community Transit will conduct three additional engagement periods. At each phase, community members and riders will be notified of the opportunity to provide input through a variety of methods. Methods for gathering input include: 1. Online open house survey and interactive mapping exercise 2. Phone number for our Customer Care team to provide input and ask questions over the phone 3. Email address for submitting comments 4. By mail 5. At a variety of in-person events at libraries and other community events 6. Social media |
Ongoing |
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| 10/03/2024 | 04/01/2024 | Ongoing | Commerce, Department of | New grant or loan program | Consolidated Permit Grant | Commerce was tasked by the Legislature with implementing a new grant program to cities and counties through the provisions of RCW 36.70B.240. An appropriation of $1.5 million dollars was designated for this grant program. This grant is intended to help jurisdictions consolidate various permit approval processes for individual projects into a unified and streamlined approach. This way a new development that needs perhaps a building permit, plumbing permit, grading permit, demolition permit, etc. can make one application for the project and all approvals will be processed concurrently reducing the approval time for new development. | Public comments were taken by the Legislature during adoption of SB 5290 which was codified as RCW 36.70B.240. A public meeting was held on May 1, 2024 for prospective applicants to review grant application requirements and answer questions. |
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| 05/22/2024 | 05/22/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Cosmetic Products Rulemaking | The Washington Department of Ecology (Ecology) started a rulemaking to develop a new chapter in the Washington Administrative Code (WAC): Chapter 173-339 WAC—Cosmetic Products Restrictions. Ecology is conducting this rulemaking to: • Make cosmetics safer for consumers and the environment. • Reduce consumers’ and workers’ exposure to formaldehyde. • Address the disproportionate harms caused by cosmetic products in overburdened communities and vulnerable populations. • Reduce the amount of formaldehyde entering the environment. Under the authority of Chapter 70A.560 RCW (Toxic-Free Cosmetics Act), Ecology may adopt a rule that identifies chemicals used in cosmetic products that release formaldehyde (formaldehyde releasers) and adopt restrictions for the identified formaldehyde releasers. This rule may include: • Restrictions that apply to the use of specified formaldehyde releasers used in cosmetic products. • Allowances for products currently in the chain of commerce—stockpiled or available for purchase. • Compliance schedules. • Definitions of key terms such as “intentionally added.” • Other requirements or restrictions allowed by law. Background People use cosmetic products every day to clean their bodies or alter their appearance. Cosmetic products include items such as makeup, perfume, shampoo, hair gels, body wash, deodorant, hand lotion, and shaving cream. These products can contain chemicals that are toxic to people and the environment. In the Chemicals in Cosmetics Used by Washington Residents report (January, 2023), Ecology and the Department of Health found that many cosmetic products contain toxic chemicals. Some products disproportionately marketed to women of color, such as hair relaxers and skin lightening creams, often contain toxic chemicals. Some chemicals used in cosmetic products release formaldehyde, which exposes people to the chemical when they use the product. Formaldehyde can cause cancer, harm brain function, increase the risk of asthma, and irritate eyes and skin. Exposure can also lead to allergic reactions. Cosmetic products also can release formaldehyde into indoor and outdoor air. Formaldehyde can also enter wastewater streams as products are washed down the drain. In 2023, Washington state adopted Chapter 70A.560 RCW to ensure the safety of cosmetic products and protect Washington residents from toxic exposure. The law: • Restricts the manufacture, sale, and distribution of cosmetic products containing nine chemicals or chemical classes. • Directs Ecology to assess the hazards of chemicals or chemical classes that can provide the same or similar function as the restricted chemicals or chemical classes and make that information available to the public. • Directs Ecology to implement initiatives to support small businesses that manufacture cosmetic products, and to support independent cosmetologists and small businesses that provide cosmetology services in efforts to transition to safer cosmetic products. • Authorizes Ecology to adopt a rule that restricts the use of specified formaldehyde releasers in cosmetic products. | We plan to conduct engagement for this rulemaking starting this summer and into the winter of 2024. Engagement efforts may include public meetings, a focus group, outreach with community-based organizations, opportunities to review and comment on draft rule requirements, public comment periods, and formal public hearings. We will focus on engaging with overburdened communities and vulnerable populations most impacted by formaldehyde releasers in cosmetic products. We will also invite consultation from Tribes who may additionally be interested in informing the development of this work. As this work continues to develop, we will share details about engagement opportunities and resources on our website and through our email distribution list. For more information, sign up for email announcements, visit our rulemaking webpage, or contact Stacey Callaway, rulemaking lead, at ToxicFreeCosmetics@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. Our next webinar will occur on June 11, 2024. See our events listing webpage for more information. Use our online comment form to provide feedback on draft rule requirements, the rulemaking process, and our efforts to implement Chapter 70A.560 RCW. • Proposing a formal draft rule, providing a public comment period, and hosting hearings, in the fall and winter of 2024. • Adopting the revised rule in the spring or summer of 2025. |
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