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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
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
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
09/05/2024 06/16/2024 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million SR 525 Paver and Complete Streets Project This project will grind and pave Hot Mix Asphalt (HMA) on both directions of the SR 525 Spur to the Mukilteo Ferry Terminal, to extend the pavement service life and preserve the roadway. In addition, this project will evaluate and replace/modify all pedestrian curb ramps within the project limits that do not meet ADA standards. TBD Ongoing
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
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
12/04/2023 09/19/2023 Action did not move forward Commerce, Department of Agency-request legislation Clarifying, updating and modifying office of homeless youth prevention and protection statutes This is Department of Commerce, Housing Division, agency request legislation related to several technical clarifications that are needed in RCWs to improve the administration of Office of Homeless Youth (OHY) grant programs. The current RCW language presents barriers to the successful implementation of OHY programs or contributes to a lack of clarity about OHY's roles and responsibilities. The requested changes originated from requests from community providers and lived experts. Community engagement on these technical fixes already took place, with the changes being developed in consultation with Office of Homeless Youth advisory groups and stakeholders. Since these are small technical fixes, we don't anticipate future concerns from stakeholders. We don't anticipate any impacts on Tribal Nations or lands. Action did not move forward
Died in Session and did not move forward
09/12/2023 09/12/2023 Ongoing Ecology, Department of Significant legislative rules Cap-and-Invest Offsets Rulemaking (Chapter 173-446 WAC) Ecology is considering amendments to Chapter 173-446 WAC to address new and revised cap and invest offset protocols. Offsets are projects or programs designed to reduce the amount of greenhouse gases (GHGs) in the atmosphere. In Washington’s cap-and-invest program, offset projects must also provide direct environmental benefits to our state. Offsets allow businesses to balance out the negative impacts of their emissions by funding a project that benefits the environment such as capturing methane on dairy farms or planting trees in urban areas. The scope of this rulemaking will include consideration of protocol updates or addition of new protocols to increase the potential variety of offset projects that can be developed within the cap-and-invest program, as directed by RCW 70A.65.170(4)(b). This statute directs Ecology to conduct rulemaking that ensures that any updates or additions to the offset program are both based in the best available science, and support the needs of landowners and communities in Washington state. Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA... . Please contact Nikki Harris at nikki.harris@ecy.wa.gov for comments or questions. Ongoing
12/10/2024 12/10/2024 Ongoing Ecology, Department of Significant legislative rules Organic Materials Management Rulemaking Ecology is conducting rulemaking to update the solid waste handling standards related to organic materials management under chapter 173-350 WAC. The rule is aimed at reducing contamination in the organic waste going to organic waste handling facilities, such as commercial composting facilities. This rule will allow more facilities to compost food waste and help keep organic materials out of landfills by preventing and removing contamination before it is processed into compost. Ecology is also considering amendments to cover additional organic materials management practices. This rule will have state-wide impacts. Ecology will develop and follow a formal communication plan focused on connecting with overburdened communities and vulnerable populations in Washington. The department recognizes that all residents of Washington State, regardless of socio-economic factors, should have a say in the rules and regulations that affect them. Ecology will begin outreach to overburdened communities in Spring 2025 and will host some listening sessions early in the rule development process to better understand how the Organic Management Law, and by extension the rule, may impact overburdened communities. Once Ecology has identified an overburdened community, vulnerable population, and affected Tribes, staff will connect with those community groups to learn how our work affects the experiences of people within those communities. Ongoing
09/27/2024 08/30/2024 Ongoing Commerce, Department of New grant or loan program Clean Building Performance Grants The Energy Division was allocated funding from the State to support privately owned Tier 1 buildings and publicly owned Tier 1 and Tier 2 buildings pursuing compliance with the Clean Buildings Performance Standard, pending election results. Public comments for this EJA can be submitted to buildings@commerce.wa.gov. Ongoing
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
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
11/20/2023 09/26/2023 Ongoing Commerce, Department of New grant or loan program Grants to Community-Based Organizations to Support Participation in Local Planning The department shall establish funding levels for grants to community-based organizations for the specific purpose of advancing participation of vulnerable populations and overburdened communities in the planning process during the GMA periodic update cycle. Commerce will send out a GovDelivery email to elicit comments via email and a web-based comment form. Ongoing
10/24/2024 09/30/2024 Ongoing Health, Department of Significant legislative rules Group A Water Supply Rulemaking The State Board of Heath (Board) and Washington Department of Health are conducting an environmental Justice assessment on proposed changes to regulations (WAC 246-290-315 and WAC 246-290-71006) to update Group A public water supply protections from certain chemicals called Per- and Polyfluoroalkyl Substances (PFAS). Group A systems have at least 15 service connections or serve at least 25 people per day for 60 or more days of the year. If you are a Group A public water system owner/operator or identify as receiving your drinking water from a group A system and would like to share your thoughts, please contact us at drinkingwater@sboh.wa.gov Ongoing
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
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
02/06/2025 02/06/2025 Ongoing Ecology, Department of Significant legislative rules Rulemaking: Chapters 173-425, 173-430, and 173-400 WAC, Flame Cap Kilns and Air Curtain Incinerators This rulemaking will consider two amendments to the existing rule. First, it will explore adding the definition of “flame cap kilns” and “silvicultural burning” in rule to align with amendments made to RCW by Substitute Senate Bill (SSB) 6121. Adding the definitions will not change the existing laws on what, where, and when burning is legal. Second, this rulemaking will address the air curtain incinerator permitting process. Current technology for air curtain incinerators makes it difficult to meet some emission limits, and therefore permit applications for ACIs require additional consideration and information. This requires additional work by the applicant and Ecology and additional time needed to issue the necessary permit. With proper siting criteria and operation standards, ACIs may still be more beneficial to air quality than open burning. This will also not change the existing laws related to burning. The area(s) most likely to be impacted if there is an increase in emissions are those where burning takes place frequently, such as the central and eastern regions of the state. In addition to the two potential amendments mentioned above, this rulemaking may also consider other amendments to these chapters to clarify language and improve regulatory requirements for air quality. Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the purpose of the environmental justice assessment of this rulemaking. Engagement is anticipated to begin in Fall 2025. Public meetings will be held (virtually, in person, or both depending on the need), during which time we will open the floor for Q&A and informal comments from the public. Ecology welcomes oral comments during public hearings(s), electronically submitted comments, comments submitted by mail related to the Environmental Justice Assessment for this rulemaking. More information will be provided on our webpage as the rulemaking further develops. Ongoing
12/05/2023 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
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. Partnership staff plan to engage overburdened communities and vulnerable populations around the content in the Action Agenda through direct, community-based communication and outreach. Feedback from these communities will be reviewed and considered as much as is practicable as the Partnership refines and updates the 2026-2030 Action Agenda. Recognizing some community members may not be familiar with the Action Agenda, Partnership staff will provide an overview of the Partnership and Action Agenda, outline clear expectations of how feedback will be used, and ask high-level and open-ended questions about Puget Sound recovery. Staff will provide various ways for community members to provide feedback, including surveys, interactive co-creation activities, one-on-one conversations at community events and neighborhood meetings, agency-hosted workshops and symposia, and meetings with our Community Advisory Council. The Partnership will assess language, cultural, and accessibility needs when engaging with community members. The Partnership will also report back to community members about how and why their feedback was or was not used. Ongoing
12/10/2024 12/09/2024 Action did not move forward Commerce, Department of New grant or loan program SolarAPP+ Adoption for Local Governments This program will help city and county governments transition to automated permit processing software for clean energy projects in order to accelerate permit processing and reduce administrative burden. The software can process permit applications for residential solar, battery energy storage, and main panel upgrades, and future versions may incorporate other clean energy technologies. Email comments, GovDelivery emails, social media, survey. Action did not move forward
Program not moving forward due to budget
10/02/2024 10/02/2024 Ongoing Ecology, Department of Significant legislative rules Rulemaking to amend Chapter 173-443 WAC, Hydrofluorocarbons (HFCs) and Other Fluorinated Greenhouse Gases Ecology is announcing a rulemaking to make amendments to Chapter 173-443 WAC. These will include, but are not limited to: revisions to WAC 173-443-075 to modify the sell-through provision, revisions to WAC 173-443-040 to modify the prohibitions for Automatic Commercial Ice Machines (ACIMs), and other necessary technical and administrative changes throughout the chapter. Ecology is initiating this Environmental Justice Assessment as part of the rulemaking process and will provide engagement opportunities that include public meetings and comment periods, including engagement that will specifically focus on environmental justice. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA.... Please contact Gopika Patwa at Gopika.patwa@ecy.wa.gov for comments or questions. Ongoing
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
06/14/2024 06/14/2024 Ongoing Commerce, Department of Other Home Rehabilitation Grant Program Department of Commerce administered the Home Rehabilitation Loan Program (HRLP). In 2023 the Legislature passed substitute HB 1250, mandating Commerce to go through the rule process and convert HRLP from a loan program to a grant program. Commerce will participate in a Tribal briefing, release a Request for Information and hold virtual stakeholder input meetings. Ongoing
04/11/2024 04/11/2024 Ongoing 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. Ongoing
01/22/2024 12/29/2023 Ongoing Commerce, Department of Significant legislative rules Updates to Growth Management Administrative Rules for Climate Change Planning Growth Management Services is updating Washington Administrative Codes to reflect recent legislation (HB 1181 - 2023 legislative session) regarding requirements for cities and counties to develop a climate change element within their comprehensive plans. A CR 101 has been submitted and was noticed January 19, 2024 to launch these efforts. Commerce conducts a monthly state agency advisory group and is forming city/county planner and other stakeholder input groups with special emphasis on overburdened communities and vulnerable populations. Commerce will host community 'listening sessions' to review drafts and also welcomes email comments and phone calls. Commerce communicates with stakeholders via GovDelivery emails, planner newsletters, conferences and tribal meetings. Ongoing
09/13/2024 09/12/2024 Ongoing Ecology, Department of Agency-request legislation Solar Panel Takeback Program Delay Ecology is submitting agency request legislation to request a delay in the effective dates in Washington’s Solar Panel Takeback Program law. The state’s clean energy transition is facing a setback if a provision in the solar panel stewardship and takeback program goes into effect on July 1, 2025. The agency request legislation will enable the industry to legally continue operating in the state while solutions are being developed and allows for the creation of a facilitated advisory committee to identify issues with the law and develop recommendations for adjustment. Ecology will be conducting an Environmental Justice Assessment during the month of September. We will share information and opportunities for public comment on our website and through email. We intend to provide an online public meeting, individual and small group meetings. Additionally, Ecology will accept written and online public comments. Ongoing
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
02/07/2025 02/07/2025 Ongoing Ecology, Department of Capital project, grant, or loan award of at least $12 million Water Quality Program Proposed Loan Offer to the City of Seattle This significant agency action would provide $28.6 million in loan funding to Seattle Public Utilities to construct a new pump station. The pump station is part of the larger Ship Canal Water Quality Project, and it would transport sewage and rain runoff to the West Point Treatment Plant. This project would significantly reduce the volume of sewage and rain runoff that overflow into the Lake Washington Ship Canal by removing seven outfalls. Removal of these outfalls will improve water quality, public health, and the health of the aquatic ecosystem. This project is in a densely populated area of Northwest Seattle and affects the waters of the Lake Washington Ship Canal, which connects Lake Union and Salmon Bay with Shilshole Bay of the Puget Sound. This waterway is a critical habitat for salmon, including the ESA listed Chinook salmon, as well as coho, sockeye, chum, steelhead, and southern resident killer whales. In addition to their ecological role, salmon are deeply tied to the cultural identity of the region. Tribes have long emphasized the importance of the Salish Sea, salmon and their habitat; this action supports Washington’s Treaty obligations to protect this cultural and natural resource. By reducing sewage and stormwater overflows, this project will improve water quality, creating a healthier environment to reduce impacts to local Tribes and communities, while also protecting resources with cultural and ecological significance. The public can submit feedback about the Water Quality Program's State Fiscal Year 2026 Draft Offer List, which includes this loan action, during the public comment period from 12 a.m. on Feb. 5, 2025 to 11:59 p.m. on March 7, 2025. Ecology also invites the public to attend a public meeting regarding the proposed funding on Feb. 13, 2025 at 1 p.m. via Zoom. To submit comments or register for the meeting, visit the Water Quality grants and loans webpage. Ecology will identify additional opportunities to engage with overburdened communities who may be impacted by this action and provide methods for their meaningful involvement in this funding decision. Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov to stay informed of further involvement opportunities. Grants and loans webpage: https://ecology.wa.gov/water-shorelines/water-quality/water-quality-gran... Ongoing
02/08/2024 10/02/2023 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million SR 525 Mukilteo Bridge over Railroad – Bridge Replacement The existing SR 525 bridge overcrossing the railroad in the city of Mukilteo is functionally obsolete and does not meet the multimodal traffic and active transportation needs for accessing the new ferry terminal. The intended Significant Agency Action includes constructing a new bridge and updating channelization of the roadway to improve bridge integrity, roadway continuity, and roadway capacity. Online open house, listening sessions, workshops Ongoing
09/13/2023 08/31/2023 Action did not move forward Ecology, Department of Agency-request legislation Dredge-and-fill permit program Ecology is proposing legislation that would direct the agency to establish a permit program and grant authorization to consider a fee for a “dredge-and-fill” permit that is being developed in response to the recent Supreme Court decision in Sackett v. Environmental Protection Agency The public may comment at any time by visiting the agency webpage below. The Department will also host two public listening sessions on this agency request legislation on October 5, 2023, at 3:00 pm and 5:30 pm. More information on the listening session is located on the agency webpage. Action did not move forward
Ecology did not ultimately pursue this legislation.
12/19/2024 12/19/2024 Ongoing Ecology, Department of Significant legislative rules Lead-in-Cosmetics Rulemaking The Washington Department of Ecology (Ecology) started a rulemaking under the authority of Chapter 70A.560 RCW: Toxic-Free Cosmetics Act, to identify a feasible approach to regulating lead in cosmetic products, including potentially adopting a different limit on lead impurities than the statutory limit of 1 part per million (ppm). Ecology will work with interested parties to: • Better understand compliance challenges with the statutory limit. • Determine the lowest feasible limit that manufacturers can achieve that is also protective of people and the environment. Background In 2023, the Washington State Legislature passed the Toxic-Free Cosmetics Act to restrict the manufacture, sale, and distribution of cosmetic products containing certain chemicals, including lead and lead compounds. The law applies to cosmetic products such as makeup, perfume, shampoo, lotion, deodorant, shaving cream, and toothpaste. After meeting with many cosmetics manufacturers, Ecology learned that a strict 1 ppm limit can be difficult, if not impossible, for some cosmetic products to achieve. Lead is a naturally occurring metal that can be in raw ingredients such as minerals and clay that are used in cosmetics. Ingredients used for pigments are a common source of lead impurities, but manufacturers have limited pigment options approved by the federal Food and Drug Administration. The variability of lead concentrations in ingredients can prevent manufacturers from complying with the statutory limit of 1 ppm. Product testing data from Germany and the United Kingdom shows that 90 percent of cosmetic products can achieve lead concentrations of 2 ppm for general cosmetics (such as lotion or cleansers) and 5 ppm for color cosmetics (such as blush or eye shadow). While there may be some variability in lead concentrations by geographic location, the data supports the technical feasibility of lower concentrations. Interim policy Ecology also issued an interim policy to provide compliance guidance to manufacturers while we conduct the rulemaking. This interim policy gives: • Manufacturers more time to comply with the lead restriction. • Ecology more time to collect information. • Manufacturers alternative paths to compliance for cosmetic products that are unable to achieve lead concentrations below 1 ppm. We are committed to supporting businesses with their compliance efforts. Contact us at ToxicFreeCosmetics@ecy.wa.gov with questions or concerns. We plan to conduct engagement for this rulemaking throughout 2025 and 2026. Engagement efforts may include public meetings, in-person workshops or tabling events, outreach with community-based organizations (CBOs), 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 lead in cosmetic products. We will also invite consultation from Tribal representatives who may be interested in informing the development of this work. We will conduct additional communications about the rulemaking through partner agencies that are working with CBOs on lead exposure (like the Department of Health and the King County Hazardous Waste Program) to leverage their existing relationships with vulnerable populations in overburdened communities. We will start this communication process in early 2025 to provide adequate time and resources for members of these communities to participate in the formal comment process, and for us to reduce barriers like language access and web-based outreach methods. We will share details about engagement opportunities and resources on our website and through our email lists and tailored communications with CBOs. We anticipate: • Developing draft rule requirements in 2025. • Sharing a preliminary draft rule, providing a public comment period, and hosting webinars in the winter of 2025. • Proposing a formal draft rule, providing a public comment period, and hosting hearings, in the summer of 2026. • Adopting the revised rule in the winter of 2026. For more information, join our email list, visit our rulemaking webpage or contact Shari Franjevic at ToxicFreeCosmetics@ecy.wa.gov or 360-338-2913. Ongoing
08/07/2024 08/07/2024 Ongoing Ecology, Department of Significant legislative rules Update to Water Quality Permit Fee Rule (173-224 WAC) Ecology has initiated an agency rulemaking action to update our Water Quality Permit Fees (Chapter 173-224 WAC). This chapter carries out Ecology’s requirement under RCW 90.48.465 to establish, by rule, annual fees to recover Ecology’s program cost of administering the wastewater and stormwater permit programs. This chapter also considers the economic impact of our fees on permitted small dischargers and public entities, and makes appropriate adjustments where applicable. Ecology strives to update this chapter every two years to ensure our permit fees reflect the most current costs to Ecology and impacts on our permittees. We use these fees to recover our program costs to administer our permit programs, which protect Washington’s waters from pollution. This rule covers a statewide geographical scope. The anticipated impact of this rulemaking action is limited to the permitted facilities that pay these fees. This rulemaking action does not expect to introduce new environmental impacts or impacts specific to overburdened communities, vulnerable populations, and Tribes. Ecology is beginning to develop draft rule language and will invite the public to participate in the development over the next few months. This may include workshops, webinars, and online comment periods. To stay engaged with this process, please join our email list (https://ecology.wa.gov/EmailList/WQfee) and visit our webpage for updates (https://ecology.wa.gov/WQ-fee-rule). Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov to discuss this environmental justice assessment. Ongoing
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
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
08/25/2023 08/01/2023 09/13/2023 Agriculture, Department of Agency-request legislation Private Cannabis Lab Accreditation Transition from Ecology to WSDA This significant agency action moves the authority to conduct lab accreditation of private cannabis laboratories from the Dept. of Ecology to WSDA. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly in any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. Completed
An Environmental Justice Assessment of Transferring the Authority to Accredit Cannabis Labs from ECY to WSDAs
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
09/13/2023 09/13/2023 11/28/2023 Commerce, Department of Agency-request legislation Repealing the greenhouse gas content calculation requirement in RCW 19.405.070 This bill repeals a statute enacted in 2019 that requires that electric utilities submit to Commerce a calculation of the greenhouse gas content of the electricity they supply to their customers. This report is unnecessary because more complete and stringent reporting requirements were enacted by the Legislature in 2021. This bill would not result in any positive or negative environmental or health outcomes for communities in Washington and is therefore found to not be SAA. The public may provide comments during committee public hearings in the legislative session, but Commerce does not plan to conduct additional outreach. Completed
Repealing the greenhouse gas content calculation requirement in RCW 19.405.070
11/28/2023 09/01/2023 12/05/2023 Commerce, Department of Agency-request legislation Solar Consumer Protections This legislative proposal would establish solar consumer protections in statute. Commerce has developed this proposal after hearing about an increase in problematic sales and installation practices of distributed solar energy systems. The proposal focuses on contracts between solar energy contractors and residential or commercial property owners. The language would establish required contract provisions to make customers aware of what services they will and will not receive. The contract provisions would be enforceable in a legal proceeding or under RCW 19.86 (the Consumer Protection Act). Commerce held a public workshop on the proposal on September 27, 2023 to share information and collect input. This fall, Commerce's Energy Division has been hosting meetings around the state on a potential statewide energy bill assistance program. At those meetings, we are sharing a fact sheet on the solar consumer protections legislative proposal and information on how to provide input. Commerce is continuing to accept public input through this smartsheet form: https://tinyurl.com/solarleg. Completed
Solar Consumer Protections
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
03/07/2024 12/18/2023 12/31/2023 Natural Resources, Department of Agency-request legislation Drought Mitigation Revising RCW 79.13 to allow for DNR to lease assets as well as land and modernize publication/advertisement language. No plan has been made at this time. Completed
Drought Mitigation
03/07/2024 12/18/2023 12/31/2023 Natural Resources, Department of Agency-request legislation Fallen Firefighters Memorial This Agency Request Legislation would direct the Department of Enterprise Services to establish a new memorial for fallen firefighters on the Capitol Campus. DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. Completed
Fallen Firefighters Memorial
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
03/07/2024 12/08/2023 12/31/2023 Natural Resources, Department of Agency-request legislation Smokey Bear License Plate This Agency Request Legislation would establish a Smokey Bear license plate that would be available for purchase in October 2024. Revenue from Smokey Bear License plates would be devoted to wildfire prevention programs administered by the Department of Natural Resources (DNR). This would be the agency’s first license plate, the state’s only license plate for wildfire prevention, and is the symbol of support for wildland fire fighters. DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. Completed
Smokey Bear License Plate
03/07/2024 12/15/2023 12/31/2023 Natural Resources, Department of Agency-request legislation Early Learning Facilities This Agency Request Legislation expands the definition of “Common School”, currently limited to K-12, to include early care and education. This allows for the construction and maintenance of early care and education facilities at public schools with revenue from DNR’s Common School Construction Fund. The Office of Superintendent of Public Instruction (OSPI) will have the authority and discretion to allocate the proceeds received by the sale of timber or otherwise generated by state lands. A separate new capital gains tax now provides enough funding for K-12 school construction; this is proposed legislation is complementary and addresses an unfunded need. DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. OSPI will also convene a committee of early learning facilities experts to advise the prioritization methodology of applications for projects; members will include representatives from the Department of Children, Youth, and Families, Department of Commerce, one of the State’s educational Service Districts, the Washington State Housing Finance Commission, and the early learner facilities stakeholder group. Completed
Early Learning Facilities
03/07/2024 12/18/2023 12/31/2023 Natural Resources, Department of Agency-request legislation Housing on Public Land This Agency Request Legislation adds a new section to RCW 82.29A to create a leasehold excise tax (LET) exemption for leases on public land used for the placement of newly constructed affordable housing. Currently, the LET fee is 12.84% of the lease rate. This exemption is intended to incentivize developers to build affordable housing on leased DNR land. The exemption applies to the land and the length of exemption depends on the following conditions: A 12-year LET exemption if the lessee commits to renting or selling at least 20% of units as affordable to low and moderate-income households; A 20-year LET exemption if the lessee commits to renting or selling at least 25% of units as affordable to low and moderate-income households. The purpose of this tax exemption is to provide housing for low-and-moderate income households, many of which include people from overburdened communities and vulnerable populations. Any formal contract for housing development would include agencies that represent these communities and support inclusion of their voices and lived experience in the creation of the housing units. Completed
Housing on Public Land
11/20/2023 11/20/2023 12/31/2023 Natural Resources, Department of Agency-request legislation Tribal Interlocal Agreements This Significant Agency Action is Agency Request Legislation (ARL). This ARL amends RCWs 7.84.140 and 43.12.065 to authorize the Commissioner of Public Lands to enter into collaborative law enforcement agreements with federally recognized Tribes. This ARL does not require DNR or any federally recognized Tribe to enter into such an agreement. Comments may be submitted to DNR's Legislative Affairs team (legsession@dnr.wa.gov). Technical questions may be directed to the DNR Deputy Chief Operating Officer (leonard.young@dnr.wa.gov, 360-628-4200). Completed
Tribal Interlocal Agreements
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
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
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
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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