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Environmental justice assessment notices

The Healthy Environment for All Act (HEAL Act) requires specific state agencies to conduct an environmental justice assessment for significant agency actions.

  • The development and adoption of significant legislative rules as defined in RCW 34.05.328.
  • The development and adoption of any new grant or loan program that the agency is explicitly authorized or required by statute to implement.
  • A capital project, grant, or loan award costing at least $12,000,000.
  • A transportation project, grant, or loan costing at least $15,000,000.
  • The submission of agency request legislation to the Office of the Governor or OFM for approval.

An environmental justice assessment is a process to:

  • identify and assess the impacts of a significant agency action on overburdened communities, vulnerable populations, and Tribes;
  • solicit community and tribal input in the development of the action and on options to mitigate, reduce or eliminate harms and equitably distribute benefits associated with the action;
  • report on how the agency did or did not modify the action based upon community and tribal input.

The goal of an EJ assessment is to help a state agency make decisions and to assist with:

  • equitably distributing environmental benefits;
  • reducing environmental harms;
  • identifying and reducing environmental and health disparities through the implementation of the action.

Agencies covered by the HEAL Act or who have opted in to the HEAL Act requirements include these departments:

  • Agriculture (WSDA)
  • Commerce
  • Ecology
  • Health (DOH)
  • Natural Resources (DNR)
  • Transportation (WSDOT)
  • Office of the Attorney General
  • Puget Sound Partnership (PSP)

Under RCW 70A.02.090 each covered agency must file a notice with us of significant agency actions for which the agency is initiating an environmental justice assessment. We prepare a list of all filings received from covered agencies each week to post here every Friday.

Below is list of state agency environmental justice assessments that you can filter by agency or type of action, or use the search bar to find certains terms. Select the "+" symbol for desciptions of the action, how the public can provide input, and a link to the EJ assessment when completed. For a dashboard summarizing the assessments received to date, see the HEAL Act dashboards.

Date submitted Date initiated Date completedsort descending Agency Type Agency action Description Methods for providing public comment Status
11/22/2023 11/22/2023 Ongoing Ecology, Department of Significant legislative rules Rulemaking to amend chapter 173-305 WAC Hazardous Waste Fee Regulation The Washington State Department of Ecology (Ecology) plans to amend chapter 173-305 WAC, Hazardous Waste Fee Regulation. This rulemaking will focus on clarifying how we implement the Hazardous Waste Fee Regulation, including the Hazardous Waste Planning Fee (planning fee). We will also make updates throughout the chapter to reflect new statutory references and improve clarity. The planning fee does not clarify how we calculate the fee for an individual waste stream that designates as both dangerous waste (DW) and extremely hazardous waste (EHW). This rulemaking will clarify how we calculate the planning fee for this type of waste stream. It will also better explain how we implement chapter 173-305 WAC by making the current language concise and easier to understand. Improved clarity in this rule may help communities and individuals navigate complex administrative processes. In addition, clear and concise rules facilitate better compliance, streamline efficiency to government services, and enhance trust in the fairness of the regulations. Before we adopt the new rule, we plan to offer our stakeholders and the public at large an opportunity to participate in the rulemaking process by holding a formal public comment period. For the purposes of this assessment, we plan to follow a strategic outreach plan specifically directed at engaging communities located in areas characterized as overburdened using existing data and resources. The rulemaking webpage will be updated to incorporate upcoming opportunities and methods to communicate with us before the rule is formally adopted. The public may also email us directly by sending comments to the resource mailbox, hwfeerule@ecy.wa.gov. In May 2023, we held two informational webinars during which we described the purpose of this rulemaking and asked for initial feedback on this rule amendment. Ongoing
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
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
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
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
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
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
03/04/2024 07/01/2023 Ongoing Commerce, Department of New grant or loan program Transit Oriented Development of Affordable Housing - Match Program Competitively awarded funding, managed by Commerce's Multifamily Housing Unit (MHU), for Transit Oriented Affordable Housing development. The language of the budget (ESSB 5200, Section 1022) laid out very specific parameters regarding both size and location of projects. As written, projects must be no smaller than 100 units in size, and must be located within 1/2 mile of light or commuter rail, or within 1/4 mile of bus rapid transit. this creates a very limited area in which projects can be sited (principally along the I-5 or I-405 corridors in King County), and effectively requires a high level of development experience from any interested organization, or partnership with a consultant that brings such experience. An SAA was published to Commerce's webpage on 9/13/2023, and a public forum was held via Zoom in October of 2023. while the public forum's primary concern was to confirm Commerce's understanding of the budget language and articulate its plans for implementation, space was held for discussion concerning Environmental Justice considerations. MHU is working with Commerce's internal Environmental Justice workgroup to explore additional pathways to involve communities. Ongoing
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
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.
06/13/2024 06/13/2024 Ongoing Ecology, Department of Other Potential linkage of Washington’s Cap-and-Invest carbon market with the joint California-Québec carbon market As required by the Climate Commitment Act (CCA), Ecology is investigating the option of linking Washington’s Cap-and-Invest carbon market with the California-Québec carbon market. Through linkage, Washington’s carbon market would combine with the joint California-Québec market to create a single shared market with joint allowance auctions and a common allowance price across all jurisdictions. Allowances could be traded across jurisdictions and used to cover emissions in any of the three jurisdictions. The law also requires Ecology to evaluate specific criteria to ensure linkage would benefit Washington’s communities, economy, and climate goals. Ecology is pursuing linkage with California and Québec based on a preliminary analysis that joining a larger carbon market will lead to lower and more consistent allowance prices, benefitting businesses and consumers in Washington. This Environmental Justice Assessment is separate from the Environmental Justice Assessment being conducted on the Cap-and-Invest Linkage Rulemaking. Additionally, Ecology previously conducted an Environmental Justice Assessment on the 2024 carbon market linkage agency request legislation (Senate Bill 6058). We will consider input received through those other linkage related Environmental Justice Assessments in this Assessment. While the completion of each of these Environmental Justice Assessments is a separate legal obligation, Ecology intends to approach them as a comprehensive, iterative process of engagement and consultation that will continually inform our awareness and understanding of potential impacts as well as potential methods to minimize or eliminate harms and maximize benefits for vulnerable populations and overburdened communities. All of these processes must be complete before Ecology can sign a linkage agreement. Ecology plans to conduct public engagement starting in summer 2024, with outreach focused on people from overburdened communities, vulnerable populations, and Tribes, for the purpose of developing this Environmental Justice Assessment. Ecology will provide a variety of ways for the public to provide input to inform this Environmental Justice Assessment, including: online public meetings, individual and small group meetings with interested parties, and online public comments. We will also reach out to groups with an environmental and environmental justice focus and community-based groups by email and phone to see if they would like to provide input for this assessment. We will also ask if groups are hosting meetings that Ecology can participate in to share information, answer questions, and continue to gather input. As we schedule opportunities for feedback and participation, we will share them through our website and email distribution list. Visit the linkage webpage at cca.wa.gov/linkage for updates or email us at CCALinkage@ecy.wa.gov with comments or questions. Ongoing
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
06/10/2025 06/10/2025 Ongoing Ecology, Department of Other New Rulemaking for Permit Program for state waters.Chapter 173-217 WAC – State Waters Alteration Permit (SWAP) A Permit required for alteration of state waters, including wetlands, and conditions on issuance of permit. Ecology has initiated state rulemaking to establish a new permitting program for projects that could alter or impact state waters. We are responsible for protecting Washington waters, including wetlands and streams, under the 1945 state Water Pollution Control Act, the 1972 state Shoreline Management Act, and 1990 state Growth Management Act. We are using our long-standing authority under the state Water Pollution Control Act to add a new chapter, 173-217, to the Washington Administrative Code to establish a formal “State Waters Alteration Permit” program within Ecology. To protect state waters and process authorizations more effectively, permits issued through the new program will also outline the measures proponents must take to avoid, minimize and offset the adverse environmental impacts their projects pose to water quality and aquatic habitats. Currently, we issue administrative orders under the Water Pollution Contract Act to authorize projects seeking to alter or impact state waters. While administrative orders protect the environment, the process lacks public notice opportunities and timeline obligations for issuing decisions. A new state permitting program would replace the current administrative order process and provide positive customer service benefits by: - Providing better clarity and predictability about our actions and requirements. - Creating general permits to streamline approvals for projects with minor impacts. - Establishing opportunities for public review. - Setting mitigation requirements for projects. Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the purpose of the environmental justice assessment of this rulemaking. In doing so, we will focus on engaging with the communities and populations most likely to be impacted by projects or permit requirements. Broader public engagement for this rulemaking is anticipated throughout 2025 with a formal comment period in Summer 2026. Public meetings will be held virtually, in person, or both (depending on the need), during which time we will open the floor for Q&A and informal comments from the public. Ecology welcomes oral comments during public hearings(s), electronically submitted comments, and comments submitted by mail related to the Environmental Justice Assessment for this rulemaking. We will share details about engagement opportunities and resources on our website and through our email distribution list. More information will be provided on our webpage as the rulemaking further develops. Ongoing
02/11/2025 02/11/2025 Action did not move forward Ecology, Department of Significant legislative rules Amendments to Washington’s Floodplain Management Law – Floodway prohibition waivers for residential flood mitigation 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. The new rule is also 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 mail. To request more information about this rulemaking please contact Jonathon Loos at Jonathon.loos@ecy.wa.gov. Action did not move forward
Resubmitted as another action
04/18/2024 08/28/2023 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million SR 900/57th Ave S to S 135th – Environmental Justice Assessment Construct buffered shared-use-path; pedestrian illumination; retaining wall, ADA-compliant curb ramps, relocate signal cabinet; upgrade and relocate pedestrian push buttons to Accessible Pedestrian Signals; new traffic controls, and marked pedestrian crossings. The combination of elements will altogether reduce the level of stress for users. To be determined. Ongoing
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
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
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
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
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
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
06/25/2025 06/20/2025 Ongoing Commerce, Department of Significant legislative rules Enabling Compliance with the Clean Buildings Performance Standard This rulemaking will introduce a number of statutory changes to the Clean Buildings Performance Standard based on the recommendations of the Clean Buildings Workgroup and as passed in HB 1543 (2025). These changes are made with the intent of making it easier for buildings to comply with the standard. For example, the passage of HB 1543 gave Commerce the authority to grant extensions to buildings where there are circumstances that prevent compliance. Email comments GovDelivery Emails Commerce-hosted Listening Sessions, including the Fall 2025 Community Involvement Session Ongoing
08/01/2024 08/01/2024 Ongoing Ecology, Department of New grant or loan program Climate Resilient Riparian Systems Lead grant program The Washington State Department of Ecology, the Washington State Conservation Commission, and Bonneville Environmental Foundation, established a partnership coalition to promote innovative and sustainable approaches to riparian management. The Climate Resilient Riparian Systems Lead (CR2SL) team will administer sub-awards to Puget Sound partners that result in greater area of riparian acreage protected, restored, or maintained for climate resiliency. Surrounding Puget Sound communities will benefit from resulting riparian restoration efforts as these projects are known to increase canopy cover and green spaces, improve water quality and improve habitat for fish and aquatic life. The CR2SL team will engage key stakeholders and partners to design the funding program to best support their needs and to increase their efficiency and capacity. This approach will foster the identification of multi-benefit project opportunities to promote collaborative riparian area management in Puget Sound watersheds, including nature-based solutions to climate resiliency and adaptation. The CR2SL program will use a variety of methods to engage with Puget Sound Tribes, as well as people from overburdened communities and vulnerable populations to inform this work, including: inviting formal consultation with Tribes; hosting virtual listening sessions for Tribal members and staff; distributing a Tribal listening session follow-up worksheet; inviting consultation with the Northwest Indian Fisheries Commission; inviting Tribal participation in the CR2SL advisory group; inviting a tribal liaison to participate in the CR2SL oversight team; hosting virtual and in-person meetings to solicit input from community based organizations operating within the program footprint; web content; and GovDelivery distribution list. Outreach and engagement efforts began in January 2024 and will continue throughout program development and implementation. Outreach and engagement will focus on Tribal engagement and engagement with the Puget Sound watershed restoration community, including community based organizations that represent overburdened and vulnerable communities that might potentially impacted by the new grant program. Ongoing
12/03/2024 11/28/2023 Ongoing Health, Department of New grant or loan program School Climate Plus Indoor Air Quality Grant Program The Department of Health (DOH) received 2023-2025 legislative funding through ESSB 5187 to supplement the Office of Superintendent of Public Instruction (OSPI)’s Small School District Modernization (SSDM) grant program. The SSDM program includes support for updates to heating, ventilation, and air conditioning (HVAC) systems in schools. The grant program is available to school districts that received SSDM 2021-2023 or 2023-2025 funding for HVAC improvements and that serve children and young people who are more vulnerable to extreme heat and wildfire smoke exposure. Email comments to airquality@doh.wa.gov Ongoing
06/12/2025 01/01/2024 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million Interstate 5 Ship Canal Stormwater Treatment Project This project will build a stormwater treatment facility beneath the north end of the I-5 Ship Canal Bridge. Stormwater runoff is the leading source of pollution in the Puget Sound and nearby waterways, impacting the health of communities, ecosystems, and wildlife. This facility will capture, carry, and clean stormwater runoff from I-5 by removing harmful pollutants, including 6PPD, a chemical used in tires that is toxic to salmon, before the water flows into the ship canal. To be determined. Ongoing
02/12/2025 07/01/2023 Ongoing Transportation, Department of New grant or loan program Electric-bicycle (E-bike) Rebate Program WSDOT has been directed by the legislature to create a statewide rebate program for purchase of class 1, 2 or 3 e-bike purchases (excluding mountain e-bikes). The program is open to all Washington residents and will allocate 60% of vouchers to those who identify as income verified (meaning they live in a tax household at or below 80% of the median county income level). Additionally, minimum 35% of vouchers will go to those living in overburdened communities. Income verified participants will be required to provide supporting documentation as part of their application. Bike shop owners will be required to validate the applicants’ voucher and eligible ID when redeeming vouchers. The public will learn about comment opportunities through blog posts, press releases, WSDOT webpage and newsletter articles (existing Walk and Roll publication that has provided regular active transportation information since 2018) and community outreach. Specific comment or engagement opportunities will be updated as the project advances. The public will be able to provide comment throughout the project period via telephone, email, surveys, and opportunities to take part in research. Public comments for this environmental justice assessment (EJA) can be submitted to Adele Peers. If future funding is available for this project, the community feedback that was received will inform both the ways the public learns about comment opportunities and the methods for receiving comment. Public comments for this EJA can be submitted to Adele.peers@wsdot.wa.gov with the subject: “EJA - E-bike Rebate” Ongoing
02/18/2025 02/13/2025 Ongoing Commerce, Department of New grant or loan program Circular Economy Development Program Proviso funding will help establish a circular economy market development initiative and expand industrial symbiosis projects across Washington. By combining these funds ($390k) with the existing Industrial Symbiosis Grant Program administered for Fiscal Year 2025, two additional circular market projects are supported. The awarded funds help divert industrial waste for reuse through innovation into valuable new products. A strong circular market reduces environmental impacts, builds a resilient supply chain, and creates jobs Public comments period on the draft EJA has opened 4/29/25: https://deptofcommerce.box.com/s/ra3ya1aram86p19q7qtnb9yugj7r3nc2. Past opportunities included the Community Involvement Listening Session on March 18 and March 20 as well as the Tribal Briefing in April 2025. Ongoing
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
07/19/2024 04/17/2024 Ongoing Agriculture, Department of Significant legislative rules Amending chapter 16-752 WAC, by adding species to the prohibited plants list. Adds additional species to the noxious weed seed and plant quarantine, which would prohibit their sale and distribution. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. Ongoing
01/14/2025 01/14/2025 Ongoing Commerce, Department of New grant or loan program Green Jobs Infrastructure Grants Grants to projects that demonstrate high-wage, clean job creation in Washington, provide risk reduction for investments in public and private infrastructure in order to increase a community's capacity for clean manufacturing, or provide investments in workforce development to attract and train the workforce required to grow the clean energy economy Public comments period on the draft EJA has opened. Hosting of public Q / A Email Gov delivery WEBS notification Community Networking Ongoing
10/10/2024 10/10/2024 Ongoing Ecology, Department of Significant legislative rules Rulemaking to add Chapter 173-448 WAC, Air Quality in Overburdened Communities Ecology is beginning rulemaking to add a new rule – Chapter 173-448, Air Quality in Overburdened Communities – to implement parts of Chapter 70A.65.020 RCW, Environmental justice review. This law passed in 2021 as part of the Climate Commitment Act and directs Ecology to reduce criteria air pollution in overburdened communities (OBCs) highly impacted by air pollution. The law requires Ecology to take certain actions, like adopt stricter emission standards in communities identified as overburdened and highly impacted by air pollution. The processes and details for these actions are not included in the law. As a result, this rulemaking is needed to specify the process and procedure that Ecology will follow to reduce criteria air pollution as instructed in the law. Intended environmental benefits include: • Reducing criteria air pollution will improve air quality in overburdened communities Intended health benefits include: • Reducing negative health effects associated with exposure to criteria air pollution Populations expected to be impacted • People who live, work, and spend time in overburdened communities • Businesses whose operations may be impacted Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations. Engagement is anticipated to begin early in 2025 and will include virtual public meetings, comment periods, and other targeted outreach, additional details of which will be shared on our rulemaking website and email distribution list. Ongoing
09/05/2024 06/28/2024 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million State Route 3 Gorst Area Planning and Environmental Linkages Study In June 2024, WSDOT will begin a Planning and Environmental Linkages (PEL) study to look at State Route 3 in Gorst. The PEL will allow WSDOT to meet with a variety of stakeholders. These include regulatory agencies, the Suquamish Tribe, local governments and all users of the highway. During this process, WSDOT will work with these groups to define a purpose and need. WSDOT will also present and discuss design options for SR 3 near Gorst. These options will then go through an environmental process. This study looks at adding a lane to SR 3 in each direction from Gorst to SR 304. It also explores elevating the roadway through Gorst, replacing the Navy’s railroad crossing of SR 3 and replacing nearby fish barriers. Various methods are still to be determined, but you can register your email address at the website linked below to stay up to date on this effort as changes occur. Ongoing
04/30/2025 04/30/2025 Ongoing Commerce, Department of Significant legislative rules Office of Behavioral Health Advocacy Program Rulemaking RCW 71.40 Office of Behavioral Health Consumer Advocacy requires Commerce to conduct rulemaking activities for this chapter, including: (a) Establishing standards for the contracting advocacy organization to use when certifying behavioral health consumer advocates; (b) Establishing procedures consistent with chapter 202, Laws of 2021 for appropriate access by behavioral health consumer advocates to behavioral health providers or facilities; and (c) Establishing procedures consistent with RCW 71.40.140 to protect the confidentiality of the records of patients, residents, clients, providers, and complainants. Rulemaking includes public meetings and hearings. Advisory groups; email comments; GovDelivery emails; Web-based comment form Ongoing
04/10/2024 06/14/2023 Ongoing Health, Department of New grant or loan program Workplace Safety and Climate Change Grant Program The Washington Department of Health (DOH) is conducting an Environmental Justice Assessment on a $10,000,000 grant provided by the legislature “solely to support and administer a workplace health and safety program for workers who are affected by climate impacts, including but not limited to, extreme heat and cold, wildfire smoke, drought, and flooding. This program will focus on workplace health and safety for farmworkers, construction workers, and other workers who face the most risk from climate-related impacts” (pg. 325 ESSB 5187). Opportunities for public engagement and updates will be posted to the agency site linked below. Ongoing
06/27/2025 06/27/2025 Ongoing Ecology, Department of Capital project, grant, or loan award of at least $12 million Northshore Levee 2025-27 Capital Budget Proviso The purpose of this action came from the 2025 State Legislature which provided a 2025-27 Capital Budget appropriation for a one-time grant solely as state assistance to the cities of Aberdeen and Hoquiam for: * Aberdeen-Hoquiam flood protection project. North Shore Levee. * North Shore Levee-West segments. Anticipated benefits from the 2025-27 Capital Budget proviso include providing state funds that supplement other local, state, and federal funds for the ongoing Northshore Levee mitigation efforts for flood control by the communities in Hoquiam and Aberdeen. The project once constructed will remove large areas of Aberdeen and Hoquiam from the floodplain and will place them in a mapped Zone X through a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA). Protected properties will benefit from the elimination of mandatory flood insurance through the National Flood Insurance Program (NFIP). The levee system will include two levies, and an interior drainage pump system as required by FEMA. The North Shore Levee implementation efforts bring significant environmental and public health benefits. Residential households, developers, shellfish industry and consumers, and Tribes may experience these benefits. Ecology’s Office of Chehalis Basin (OCB) plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, for the purpose of the environmental justice assessment of this 25-27 Legislative provision in May 2025. OCB will conduct public engagement in July 2025, through an informational blog post and article in area media outlets, as well as provide time for public comments through emails to OCB contacts. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Through methods yet to be determined, OCB will identify additional opportunities to engage overburdened communities in Grays Harbor County and the local communities and provide opportunities for their involvement in this legislative funding opportunity. OCB will invite Tribal consultation and conduct staff outreach with impacted Tribes which includes but may not be limited to the Quinault Indian Tribe and Confederated Tribes of the Chehalis Reservation. Ongoing
06/27/2024 06/27/2024 Ongoing Board of Health, Washington State Significant legislative rules Primary and Secondary School Environmental Health and Safety Standards The State Board of Health (Board), in collaboration with the Department of Health (Department) is conducting an Environmental Justice Assessment for proposed rules regulating environmental health and safety standards for K-12 schools. This rulemaking is required by a budget proviso that was included in the Washington State 2024 supplemental operating budget, (Section 222, subsection 159, page 492). The new chapter will establish updated, minimum statewide health and safety standards for schools and formalize school environmental health and safety inspection procedures. Topics that may be addressed in proposed rules are: • Indoor air quality including heating, cooling, and ventilation • Water quality • Noise • Moisture and mold • Lighting • Restrooms/showers • Playgrounds • Laboratory and shop safety • Sewage • Food safety ~ May 2024: Invite Technical Advisory Committee (TAC) Members - The proviso named specific organizations to work in collaboration with the Board to update the rules as part of a technical advisory committee (TAC). A full list of required representatives can be found on the agency webpage linked. The Board will include additional members such as Parent-Teacher Organizations, Teachers Unions, Students, and private schools. ~ Aug 2024 – Nov 2024: TAC Meetings - Work with members of the TAC to draft rule language and discuss implementation. TAC meetings are open to the public and everyone is welcome to join. ~ Dec 2024: Focus Groups- Virtual and in-person meetings will be held to discuss preliminary draft language to help the Board rulemaking team make informed decisions about finalized draft rule language. These meetings will take place across Washington state. All members of the public are welcome to participate in these focus groups. ~ Dec 2024: Informal Comment Period - Invite all interested parties to review and share feedback on the draft rule language. All members of the public are welcome to provide comments during the informal comment period. Ongoing
12/03/2024 09/04/2023 Ongoing Health, Department of New grant or loan program Alternative Drinking Water Program The DOH is conducting an Environmental Justice Assessment on the Alternative Drinking Water Program (ADWP). This program was created with 2023-2025 funding provided through ESSB 5187. The goal of the ADWP is to assist with access to safe drinking water if private wells or Group B water supplies are impacted by contamination. Group B systems serve fewer than 15 residential connections and less than 25 people per day. • Keep up to date through the website https://doh.wa.gov/community-and-environment/drinking-water/water-system... • Sign up for electronic notices at odw-adwp@doh.wa.gov • For questions about the ADWP or the EJ Assessment, contact us at odw-adwp@doh.wa.gov Ongoing
09/25/2024 08/07/2024 Ongoing Commerce, Department of New grant or loan program Federal Funds Grant Writing Assistance Program (FFGWAP) The FFGWAP is designed for Washington community-based organizations, local government agencies, ports, housing authorities, tribes, businesses, and others eligible to receive Federal funds to prepare and submit grant applications, and to help Washington meet its clean electricity and greenhouse gas reduction goals using approaches that enhance equity, innovation, economic growth, and job creation. Program participant survey; 1:1 intake sessions and meetings with contractor (Hagerty) and agency staff PUBLIC COMMENT IS OPEN ON THE DRAFT EJA LOCATED HERE: https://deptofcommerce.box.com/s/3qslblcjdns9nfspnuzd3izojxb2e80e. Ongoing
06/16/2025 06/16/2025 Ongoing Ecology, Department of Significant legislative rules Rulemaking to Amend Five Instream Flow Rules Ecology is beginning a rulemaking to amend five Instream Flow Rules in Water Resource Inventory Areas (WRIAs) 7 (Snohomish), 8 (Cedar-Sammamish), 13 (Deschutes), 14 (Kennedy-Goldsborough), and 15 (Kitsap), as required by law (RCW 90.94.030(3)(h)). The law requires Ecology to initiate rulemaking within 6 months of Ecology adopting the Watershed Restoration plans developed under chapter 90.94 RCW, which were adopted December 17, 2024. Ecology’s intent is to start rulemaking in June 2025, and the goal of this amendment is to incorporate recommendations from the Watershed Restoration Plans, incorporate statutory requirements from RCW 90.94.030(4) into rule, harmonize the rule language, and make minor technical corrections. When the rule announcement is filed (that same day), GovDelivery e-mails will be sent to our email lists with information about the rule, and a prompt for a future public meeting and listening session to be expected this summer. Feedback received from the public may influence draft rule language. Ecology will conduct public outreach with a focus on people from overburdened communities and vulnerable populations in the watersheds impacted by this rule amendment. Outreach will include information about the rule, opportunities to provide comment, and invitation to reach out directly to the rule lead for information and/or questions. Ecology will share this rulemaking information and links to webpages and resources at Washington Resources Advisory Committee (WRAC) meetings shortly after filing the CR-101. Additionally, cities and counties within WRIAs 7, 8, 13, 14 and 15 will be informed of the rulemaking via email once the CR-101 is filed. Ecology will also reach out to Washington Association of Cities and Counties with information and resources to email to their constituents. Ecology will reach out individually to Tribes with reservations or usual and accustomed areas within the impacted watersheds in advance of the rule announcement. When the rule announcement is filed, a notice will be sent to Statewide Tribal chairs and natural resource directors with an invitation for government-to-government consultation. After the rule language is announced (CR-102), Ecology will host a public hearing and formal comment period. Ongoing
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
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
10/14/2024 08/12/2024 Ongoing Agriculture, Department of Significant legislative rules Establishing a quarantine to prevent untreated firewood from entering Washington State The department is considering establishing a quarantine of untreated out-of-state firewood to prevent the introduction of plant pests and bee pests. The movement of firewood containing plant pests and bee pests poses a threat to Washington’s forests, agricultural, and environmental interests. Eggs, larvae, and adult stages of many invasive insect pests can be carried on or inside firewood and are easily spread when firewood is moved from one location to another. Introductions of these invasive insect pests have destroyed forests and are costly to control. Such invasive plant pests include emerald ash borer, spongy moth, Asian longhorned beetle, spotted lanternfly, pine wood nematode, Sirex woodwasp, Japanese cedar longhorn beetle, and other insects and organisms that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants, or that can be considered bee pests. Many states, including Oregon, have already enacted firewood quarantines that prohibit out-of-state firewood that has not been properly heat-treated against pest organisms. These quarantines seek to prevent potentially infested firewood from entering the state and introducing invasive plant pests and bee pests. This firewood quarantine is necessary to disrupt a dispersal pathway for several invasive plant pests, especially wood-boring insects, and will help prevent their introduction into Washington. TBD Ongoing
09/05/2024 09/05/2024 Ongoing Agriculture, Department of Significant legislative rules Rule Making to Amend Chapter 16-202 WAC, Application of Pesticides and Plant Nutrients through Irrigation Systems The Department is considering modifying the rules for chemigation and fertigation monitoring to incorporate present technological capabilities and potential future automation capabilities for application of pesticides and fertilizers through irrigation systems. Govdelivery notification and website posting. Ongoing
05/07/2025 04/01/2025 Ongoing Health, Department of Other Source Water Protection Local Assistance Grant Program Changes to an existing grant program that has environmental impacts. Virtual listening sessions from May – July 2025. Please sign up for email updates to learn more opportunities to get involved! To schedule a private meeting outside of the virtual listening sessions, or to provide written feedback outside of the survey please email sourcewaterprotection@doh.wa.gov. The draft guidelines will be published to our website in August 2025. There will be a public comment period from August to September. Visit https://doh.wa.gov/community-and-environment/drinking-water/source-water...assistance-grant-program for information about the Source Water Protection Local Assistance Grant Program, and to stay up to date with grant activities, including public comment opportunities. For questions about the Source Water Protection Local Assistance Grant or the environmental justice assessment, please contact Chelsea Cannard at chelsea.cannard@doh.wa.gov. Ongoing
01/22/2025 01/22/2025 Ongoing Commerce, Department of New grant or loan program Innovation Cluster Accelerator Program Cohort 3 The Innovation Cluster Accelerator Program Cohort 3, administered by Washington State Department of Commerce, aims to assist organizations with growing cluster operations, driving innovation in key sectors around the state, and attracting talent and capital. Public Comment Period on the EJA draft is open. Commerce sponsored tribal briefing, Commerce pre-proposal conference Ongoing
04/10/2024 06/14/2023 Ongoing Health, Department of New grant or loan program HEAL Capacity Grants The DOH is conducting an Environmental Justice Assessment on HEAL Capacity Grants totaling $26,355,000 as outlined in Engrossed Second Substitute Bill 5187. These grants are intended to build capacity among tribes, tribal organizations, overburdened communities, and vulnerable populations so these groups may provide guidance and input to the state government and the Environmental Justice Council on the implementation of the Healthy Environment for All (HEAL) Act of 2021 and updates and maintenance of the Environmental Health Disparities (EHD) Map. Opportunities for public engagement and updates will be posted to the agency site linked below. Ongoing
06/27/2025 06/27/2025 Ongoing Ecology, Department of New grant or loan program Spokane River Grant Program 2025 Ecology is proposing a new grant program that will invest $1 million in a Spokane River Basin Toxics Reduction grant program. The funding for this program comes from the state 2025-2027 operating budget, which provided Ecology with funds to address toxics and other contaminants in the Spokane River Basin. Eligible projects will be determined based on toxics reduction, feasibility of the project, benefit to the watershed, consideration of Tribal government priorities, alignment with other established watershed protection plans, and impact to overburdened communities. This grant program will invest state funds in Spokane watershed communities including Tribes for projects that reduce pollutants found in the river such as PCBs, PFAS, and mercury. These projects will result in cleaner water and healthier fish that are safe to eat. Ecology has presented and requested feedback on this potential grant program in three public meetings of the Spokane River Advisory Committee. In addition, Ecology has collaborated directly with members of the community that are interested in this proposed grant program. Through the fall of 2025, Ecology will initiate additional ways for members of overburdened communities, vulnerable populations, and community-serving organizations to inform this proposed grant program. Ecology does not plan to host a public comment period on this action. Ongoing
11/01/2023 11/01/2023 Ongoing Ecology, Department of Significant legislative rules Rulemaking announcement: Amending Emergency Drought Relief, 173-166 WAC Ecology is beginning a rulemaking to amend Chapter 173-166 WAC to streamline administration of emergency drought funding when a drought is declared. As droughts become more common with a changing climate, an updated drought rule will provide increased efficiency and transparency of emergency drought relief when a drought is declared. With the establishment of a permanent source of funding, an update to the rule will help streamline the process to distribute funding upon a drought declaration. This statewide rule amendment is also intended to consider options to integrate equity strategies into emergency drought funding distribution procedures, including considerations identified under the Healthy Environment for All Act. Eligible entities for emergency drought funding are (according to law, RCW 43.83B). • Federally recognized Tribes • Counties, cities, and towns • Water and sewer districts • Public utility districts • Port districts • Conservation districts • Irrigation districts • Watershed management partnerships Ecology plans to conduct engagement for this assessment in late winter and early spring 2024 that focuses on assessing impacts to overburdened communities and vulnerable populations, alongside the rulemaking engagement. This will likely include virtual meetings, online public comments, and outreach with community-based organizations, including agricultural related. As Ecology plans out engagement opportunities for this assessment, they will be posted at the link below at the water resources program email list (https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA...). Ongoing
12/03/2024 12/08/2023 Ongoing Health, Department of New grant or loan program Climate Health and Adaptation Initiative Community Capacity Building Grant Program The CHAI Community Capacity Building grant program is a partnership among DOH and other state, federal, and academic entities designed to help communities address their self-identified needs in a changing climate. Applicants may apply for resources to provide community resilience planning, mental health support, local capacity building support and other needs for climate hazard resilience. Visit https://doh.wa.gov/node/17638 for more information. For questions about the CHAI Community Capacity Building Grant Program or the environmental justice assessment, please contact staff at OEPHSShared@doh.wa.gov. Ongoing
09/14/2023 09/14/2023 07/21/2023 Ecology, Department of New grant or loan program Water Security Drought Grant Initiative Ecology is developing a new pilot grant initiative focused on local water security preparedness and planning in the context of drought. In 2024, Ecology will make $1.8 million available statewide via competitive grants for Tribes and local applicants to plan for future water security. These plans will identify the specific actions, and associated costs and timeframes, a local community intends to take to increase its water supply security as it faces the burden of intensifying severity and expanding drought conditions as our climate continues to change. While designed to benefit all members of a given local community, this water security grant program will prioritize the water security for Federally recognized Tribal governments, overburdened communities, and vulnerable populations. Ecology invites comments and questions from people in overburdened communities and vulnerable populations, including water systems that include overburdened and vulnerable members of that community. Information about the EJ Assessment and the grant program are available on the program website. Members of the public can direct their comments to Caroline Mellor, Water Resources HEAL ACT lead at Caroline.Mellor@ecy.wa.gov. Completed
Chapter 173-167 WAC Emergency Drought Funding: An Environmental Justice Assessment

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