Environmental justice assessment notices
The Healthy Environment for All Act (HEAL Act) requires specific state agencies to conduct an environmental justice assessment for significant agency actions.
- The development and adoption of significant legislative rules as defined in RCW 34.05.328.
- The development and adoption of any new grant or loan program that the agency is explicitly authorized or required by statute to implement.
- A capital project, grant, or loan award costing at least $12,000,000.
- A transportation project, grant, or loan costing at least $15,000,000.
- The submission of agency request legislation to the Office of the Governor or OFM for approval.
An environmental justice assessment is a process to:
- identify and assess the impacts of a significant agency action on overburdened communities, vulnerable populations, and Tribes;
- solicit community and tribal input in the development of the action and on options to mitigate, reduce or eliminate harms and equitably distribute benefits associated with the action;
- report on how the agency did or did not modify the action based upon community and tribal input.
The goal of an EJ assessment is to help a state agency make decisions and to assist with:
- equitably distributing environmental benefits;
- reducing environmental harms;
- identifying and reducing environmental and health disparities through the implementation of the action.
Agencies covered by the HEAL Act or who have opted in to the HEAL Act requirements include these departments:
- Agriculture (WSDA)
- Commerce
- Ecology
- Health (DOH)
- Natural Resources (DNR)
- Transportation (WSDOT)
- Office of the Attorney General
- Puget Sound Partnership (PSP)
Under RCW 70A.02.090 each covered agency must file a notice with us of significant agency actions for which the agency is initiating an environmental justice assessment. We prepare a list of all filings received from covered agencies each week to post here every Friday.
Below is list of state agency environmental justice assessments that you can filter by agency or type of action, or use the search bar to find certains terms. Select the "+" symbol for desciptions of the action, how the public can provide input, and a link to the EJ assessment when completed. For a dashboard summarizing the assessments received to date, see the HEAL Act dashboards.
| Date submitted | Date initiated |
Date completed |
Agency | Type | Agency action | Description | Methods for providing public comment | Status | |
|---|---|---|---|---|---|---|---|---|---|
| 08/01/2023 | 08/01/2023 | 05/20/2024 | Health, Department of | Significant legislative rules | Drinking Water State Revolving Fund Program Rulemaking | The Department of Health (DOH) is conducting an environmental justice assessment for rulemaking under the Drinking Water State Revolving Fund (DWSRF) program (Chapter 246-296 WAC). Through this rulemaking, we will determine qualifications for "disadvantaged community" status within this program. The DWSRF program supports safe and reliable drinking water by providing infrastructure loans, grants, and loan principal forgiveness for public water systems across Washington. | The DWSRF team has shared draft criteria and tools for identifying "disadvantaged communities" on the DWSRF website (https://doh.wa.gov/community-and-environment/drinking-water/water-system...) and comments can be sent to DWSRF@doh.wa.gov. We are also planning virtual and in-person community engagement events to take place from August 2023 - January 2024. After draft rule language is posted (anticipated April 2024), we will hold a 60-day formal public comment period (anticipated April - May 2024). |
Completed EJ Assessment Report: Chapter 246-296 WAC a Rule Concerning Drinking Water State Revolving Fund Loan Program |
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| 01/25/2024 | 01/22/2024 | 04/29/2024 | Commerce, Department of | New grant or loan program | 23-25 Combined Renewable Energy Programming | Energy Programs in Communities (EPIC) (Energy Division) will be running a combined, single application RFA for multiple programs in January 2024, five of which are brand new programs requiring an EJA: Hard to Decarbonize Sectors Grants, Clean Energy Siting and Permitting Grants, Large Scale Solar Innovation, Dual Use Solar Pilot Grants, Solar + Storage for Community Facilities, Community Solar + Storage for Low Income Grants. This combined EJA will focus on these provisos and their respective EJ concerns. | A 30 day public comment period as well as a virtual public listening session for further comment. |
Completed FY 23-25 Combined Renewable Energy Programming |
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| 04/16/2024 | 04/11/2024 | 04/25/2024 | Agriculture, Department of | Significant legislative rules | Accreditation of Cannabis Laboratories | The WA State Department of Agriculture is proposing a new ruleset to establish a state program for the accreditation of cannabis laboratories in accordance with the standards set forth in 16-309 WAC. The purpose of the program is to ensure that laboratory standards described in chapter 16-309 WAC are followed when testing cannabis and cannabis products in Washington State. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Completed An Environmental Justice Assessment of the Establishment of Chapter 16-310 WAC, Accreditation of Cannabis Laboratories |
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| 08/25/2023 | 08/01/2023 | 03/04/2024 | Agriculture, Department of | Agency-request legislation | Agricultural Pest and Disease Revolving Funds | This significant agency action establishes permanent funding to prepare for, prevent, detect, contain, and eradicate identified agricultural pest and disease threats before they become established and authorizes funding for WSDA to take immediate actions to build capacity, execute rapid response, and maintain trade resiliency. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly in communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Completed An Environmental Justice Assessment of the Establishment of an Agricultural Pest & Disease Revolving Fund |
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| 10/19/2023 | 10/19/2023 | 01/14/2024 | Ecology, Department of | Agency-request legislation | Carbon market linkage changes | The Department of Ecology is considering proposing legislation that would modify the Cap-and-Invest Program to allow linking the Washington’s carbon market with the joint California-Quebec market, creating a single shared market. A legislative proposal will only be put forward for consideration if Ecology’s Director decides to pursue linkage. Parts of the law that might be proposed to be amended include, but are not limited to, changes to purchase limits, auction application timelines, and other provisions | The public may comment at any time by visiting the agency webpage below. The Department will also host two public listening sessions on this agency request legislation on Wednesday, Oct. 25, at 5 p.m and Thursday, Oct. 26, at 9 a.m. More information on the listening session is located on the agency webpage. |
Cap-and-Invest Program Agency Request Legislation |
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| 03/07/2024 | 12/18/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Fallen Firefighters Memorial | This Agency Request Legislation would direct the Department of Enterprise Services to establish a new memorial for fallen firefighters on the Capitol Campus. | DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. |
Completed Fallen Firefighters Memorial |
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| 03/07/2024 | 12/08/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Commercial Use Fees | Agency Request Legislation to amend RCW 4.24.210, the Recreational Immunity Statute, to give DNR the authority to charge fees for recreation permits, issued for organized recreation or educational activities. If successful, this statutory authority will provide DNR the ability to develop a fee structure for recreation permits, which will allow the program to pursue administrative cost recovery and will provide the certainty needed for the future development of an agency Commercial Recreation Policy. | DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. If we are successful in getting this agency request legislation passed, we will complete a thorough outreach process with community members as we develop a fee structure and commercial recreation policy. We will look to our internal Environmental Justice Office for guidance on this work. |
Completed Commercial Use Fees |
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| 11/20/2023 | 11/20/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Tribal Interlocal Agreements | This Significant Agency Action is Agency Request Legislation (ARL). This ARL amends RCWs 7.84.140 and 43.12.065 to authorize the Commissioner of Public Lands to enter into collaborative law enforcement agreements with federally recognized Tribes. This ARL does not require DNR or any federally recognized Tribe to enter into such an agreement. | Comments may be submitted to DNR's Legislative Affairs team (legsession@dnr.wa.gov). Technical questions may be directed to the DNR Deputy Chief Operating Officer (leonard.young@dnr.wa.gov, 360-628-4200). |
Completed Tribal Interlocal Agreements |
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| 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 |
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| 03/07/2024 | 12/15/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Early Learning Facilities | This Agency Request Legislation expands the definition of “Common School”, currently limited to K-12, to include early care and education. This allows for the construction and maintenance of early care and education facilities at public schools with revenue from DNR’s Common School Construction Fund. The Office of Superintendent of Public Instruction (OSPI) will have the authority and discretion to allocate the proceeds received by the sale of timber or otherwise generated by state lands. A separate new capital gains tax now provides enough funding for K-12 school construction; this is proposed legislation is complementary and addresses an unfunded need. | DNR will formally invite stakeholders to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Stakeholders are also encouraged to participate in the legislative process through public comment and engagement with elected representatives. OSPI will also convene a committee of early learning facilities experts to advise the prioritization methodology of applications for projects; members will include representatives from the Department of Children, Youth, and Families, Department of Commerce, one of the State’s educational Service Districts, the Washington State Housing Finance Commission, and the early learner facilities stakeholder group. |
Completed Early Learning Facilities |
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| 03/07/2024 | 12/18/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Housing on Public Land | This Agency Request Legislation adds a new section to RCW 82.29A to create a leasehold excise tax (LET) exemption for leases on public land used for the placement of newly constructed affordable housing. Currently, the LET fee is 12.84% of the lease rate. This exemption is intended to incentivize developers to build affordable housing on leased DNR land. The exemption applies to the land and the length of exemption depends on the following conditions: A 12-year LET exemption if the lessee commits to renting or selling at least 20% of units as affordable to low and moderate-income households; A 20-year LET exemption if the lessee commits to renting or selling at least 25% of units as affordable to low and moderate-income households. | The purpose of this tax exemption is to provide housing for low-and-moderate income households, many of which include people from overburdened communities and vulnerable populations. Any formal contract for housing development would include agencies that represent these communities and support inclusion of their voices and lived experience in the creation of the housing units. |
Completed Housing on Public Land |
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| 03/07/2024 | 12/18/2023 | 12/31/2023 | Natural Resources, Department of | Agency-request legislation | Drought Mitigation | Revising RCW 79.13 to allow for DNR to lease assets as well as land and modernize publication/advertisement language. | No plan has been made at this time. |
Completed Drought Mitigation |
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| 11/28/2023 | 09/01/2023 | 12/05/2023 | Commerce, Department of | Agency-request legislation | Solar Consumer Protections | This legislative proposal would establish solar consumer protections in statute. Commerce has developed this proposal after hearing about an increase in problematic sales and installation practices of distributed solar energy systems. The proposal focuses on contracts between solar energy contractors and residential or commercial property owners. The language would establish required contract provisions to make customers aware of what services they will and will not receive. The contract provisions would be enforceable in a legal proceeding or under RCW 19.86 (the Consumer Protection Act). | Commerce held a public workshop on the proposal on September 27, 2023 to share information and collect input. This fall, Commerce's Energy Division has been hosting meetings around the state on a potential statewide energy bill assistance program. At those meetings, we are sharing a fact sheet on the solar consumer protections legislative proposal and information on how to provide input. Commerce is continuing to accept public input through this smartsheet form: https://tinyurl.com/solarleg. |
Completed Solar Consumer Protections |
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| 11/28/2023 | 09/01/2023 | 12/05/2023 | Commerce, Department of | Agency-request legislation | Codifying the Clean Energy Fund | This legislative proposal would codify the Clean Energy Fund as a permanent program at the Department of Commerce and establish the central principles and rules of the program. The Clean Energy Fund (CEF) was established as a Governor Inslee initiative in 2013 and has been championed by his administration. It is critical to establish permanence for this program so that it can continue to provide the investments needed to accelerate Washington’s transition to clean energy and ensure that all communities are able to participate in and benefit from this transition. CEF not only catalyzes the development of new technologies needed to reduce greenhouse gas emissions but it also enables adaptation of these technologies to suit the different needs and conditions of communities throughout the state. The Legislature has provided biennial funding for investments through the CEF which has resulted in a reincarnation of the program every two years. Establishing the CEF program in statute creates continuity, establishes clear objectives for a permanent program, and enables the program to be responsive to policy, market transformation and local needs. It also signals the Legislature's enduring commitment to partner with communities to achieve a clean, affordable, resilient and just energy future. | The Department of Commerce seeks regular feedback and community input on how we design and implement Clean Energy Fund (CEF) grant opportunities. This includes workshops on funding opportunities and regular engagement with entities participating in and interested in applying to CEF. In 2020, an Energy and Climate Advisory Committee was convened to evaluate how CEF could be improved and made more accessible. Many of the recommendations of the Committee's report have been incorporated into this proposal. Most recently, the Department of Commerce issued a Request for Information this fall on how to implement the latest round of funding under the Clean Energy Fund. Commerce's overarching goal is to ensure that access to CEF funds is equitable and that implementation of CEF reduces burdens that can prevent communities from participating in clean energy innovation. Notably, the proposed legislative language would require Commerce to give priority to applications for projects that benefit vulnerable populations and overburdened communities. |
Completed Codifying the Clean Energy Fund |
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| 09/08/2023 | 08/31/2023 | 11/28/2023 | Commerce, Department of | Agency-request legislation | Buy Clean and Buy Fair | This bill would address embodied carbon by requiring reporting on environmental and workforce impacts associated with the production of building materials used in state building construction projects. The key provisions in this bill include reporting on three categories of building materials (concrete, steel, and wood) used in covered projects, development of a database to track data, manage compliance, and promote transparency, and convening a technical work group to provide recommendations on future policy and program development. | Public comments for Buy Clean and Buy Fair can be directed to seep@commerce.wa.gov. The State Efficiency and Environmental Performance Office (SEEP) will work with the Community Engagement and Tribal Relations teams at Commerce to schedule virtual and in-person outreach and engagement opportunities. Additional details on outreach strategies are included in the environmental justice assessment for Buy Clean and Buy Fair. |
Completed Buy Clean and Buy Fair Legislation |
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| 09/13/2023 | 09/13/2023 | 11/28/2023 | Commerce, Department of | Agency-request legislation | Repealing the greenhouse gas content calculation requirement in RCW 19.405.070 | This bill repeals a statute enacted in 2019 that requires that electric utilities submit to Commerce a calculation of the greenhouse gas content of the electricity they supply to their customers. This report is unnecessary because more complete and stringent reporting requirements were enacted by the Legislature in 2021. | This bill would not result in any positive or negative environmental or health outcomes for communities in Washington and is therefore found to not be SAA. The public may provide comments during committee public hearings in the legislative session, but Commerce does not plan to conduct additional outreach. |
Completed Repealing the greenhouse gas content calculation requirement in RCW 19.405.070 |
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| 08/25/2023 | 08/01/2023 | 09/13/2023 | Agriculture, Department of | Agency-request legislation | Private Cannabis Lab Accreditation Transition from Ecology to WSDA | This significant agency action moves the authority to conduct lab accreditation of private cannabis laboratories from the Dept. of Ecology to WSDA. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly in any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Completed An Environmental Justice Assessment of Transferring the Authority to Accredit Cannabis Labs from ECY to WSDAs |
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| 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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| 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 |
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| 05/22/2024 | 05/22/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Cosmetic Products Rulemaking | The Washington Department of Ecology (Ecology) started a rulemaking to develop a new chapter in the Washington Administrative Code (WAC): Chapter 173-339 WAC—Cosmetic Products Restrictions. Ecology is conducting this rulemaking to: • Make cosmetics safer for consumers and the environment. • Reduce consumers’ and workers’ exposure to formaldehyde. • Address the disproportionate harms caused by cosmetic products in overburdened communities and vulnerable populations. • Reduce the amount of formaldehyde entering the environment. Under the authority of Chapter 70A.560 RCW (Toxic-Free Cosmetics Act), Ecology may adopt a rule that identifies chemicals used in cosmetic products that release formaldehyde (formaldehyde releasers) and adopt restrictions for the identified formaldehyde releasers. This rule may include: • Restrictions that apply to the use of specified formaldehyde releasers used in cosmetic products. • Allowances for products currently in the chain of commerce—stockpiled or available for purchase. • Compliance schedules. • Definitions of key terms such as “intentionally added.” • Other requirements or restrictions allowed by law. Background People use cosmetic products every day to clean their bodies or alter their appearance. Cosmetic products include items such as makeup, perfume, shampoo, hair gels, body wash, deodorant, hand lotion, and shaving cream. These products can contain chemicals that are toxic to people and the environment. In the Chemicals in Cosmetics Used by Washington Residents report (January, 2023), Ecology and the Department of Health found that many cosmetic products contain toxic chemicals. Some products disproportionately marketed to women of color, such as hair relaxers and skin lightening creams, often contain toxic chemicals. Some chemicals used in cosmetic products release formaldehyde, which exposes people to the chemical when they use the product. Formaldehyde can cause cancer, harm brain function, increase the risk of asthma, and irritate eyes and skin. Exposure can also lead to allergic reactions. Cosmetic products also can release formaldehyde into indoor and outdoor air. Formaldehyde can also enter wastewater streams as products are washed down the drain. In 2023, Washington state adopted Chapter 70A.560 RCW to ensure the safety of cosmetic products and protect Washington residents from toxic exposure. The law: • Restricts the manufacture, sale, and distribution of cosmetic products containing nine chemicals or chemical classes. • Directs Ecology to assess the hazards of chemicals or chemical classes that can provide the same or similar function as the restricted chemicals or chemical classes and make that information available to the public. • Directs Ecology to implement initiatives to support small businesses that manufacture cosmetic products, and to support independent cosmetologists and small businesses that provide cosmetology services in efforts to transition to safer cosmetic products. • Authorizes Ecology to adopt a rule that restricts the use of specified formaldehyde releasers in cosmetic products. | We plan to conduct engagement for this rulemaking starting this summer and into the winter of 2024. Engagement efforts may include public meetings, a focus group, outreach with community-based organizations, opportunities to review and comment on draft rule requirements, public comment periods, and formal public hearings. We will focus on engaging with overburdened communities and vulnerable populations most impacted by formaldehyde releasers in cosmetic products. We will also invite consultation from Tribes who may additionally be interested in informing the development of this work. As this work continues to develop, we will share details about engagement opportunities and resources on our website and through our email distribution list. For more information, sign up for email announcements, visit our rulemaking webpage, or contact Stacey Callaway, rulemaking lead, at ToxicFreeCosmetics@ecy.wa.gov or 360-584-5661. As we schedule additional opportunities to provide feedback and participate in workshops, we will share details on our webpages and via our email list. We anticipate: • Developing draft rule requirements in the summer of 2024. Our next webinar will occur on June 11, 2024. See our events listing webpage for more information. Use our online comment form to provide feedback on draft rule requirements, the rulemaking process, and our efforts to implement Chapter 70A.560 RCW. • Proposing a formal draft rule, providing a public comment period, and hosting hearings, in the fall and winter of 2024. • Adopting the revised rule in the spring or summer of 2025. |
Ongoing |
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| 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 |
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| 09/13/2024 | 09/12/2024 | Ongoing | Ecology, Department of | Agency-request legislation | Solar Panel Takeback Program Delay | Ecology is submitting agency request legislation to request a delay in the effective dates in Washington’s Solar Panel Takeback Program law. The state’s clean energy transition is facing a setback if a provision in the solar panel stewardship and takeback program goes into effect on July 1, 2025. The agency request legislation will enable the industry to legally continue operating in the state while solutions are being developed and allows for the creation of a facilitated advisory committee to identify issues with the law and develop recommendations for adjustment. | Ecology will be conducting an Environmental Justice Assessment during the month of September. We will share information and opportunities for public comment on our website and through email. We intend to provide an online public meeting, individual and small group meetings. Additionally, Ecology will accept written and online public comments. |
Ongoing |
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| 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 |
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| 04/07/2025 | 07/01/2023 | Ongoing | Transportation, Department of | New grant or loan program | Electric-bicycle (E-bike) Lending Library Program | The Washington State Department of Transportation (WSDOT) was directed by the legislature to create a statewide e-bike lending library grant program for various government entities and tribes who administer or plan to administer an e-bike lending library or ownership program for their employees as part of their commute trip reduction goals. The department can also grant nonprofits and tribes who serve low-income communities and people living in overburdened communities. Grantees must agree to work with University of Washington to provide research data on mode shifts and vehicle miles travelled at a minimum. | 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. One to one outreach will be conducted with organizations and government entities across the state to learn what this opportunity means to them and how it could benefit their communities. Two virtual sessions are planned for potential grantees to bring their comments, suggestions and ideas on the grant process. Feedback from these will help inform the application process and program design. Additional comment or engagement opportunities will be updated as the project advances. Grant application will require grantees to conduct community engagement to guide their project design. 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 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 Lending Libraries” |
Ongoing |
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| 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 |
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| 11/16/2023 | 11/16/2023 | Ongoing | Health, Department of | Significant legislative rules | Private Detention Facilities Rule Making | The Department of Health (DOH) is conducting an environmental justice assessment for rulemaking related to Chapter 70.395 RCW, which allows DOH to investigate complaints and perform health and safety inspections in private detention facilities. This is to ensure facilities meet safety and hygiene standards and provide safe conditions for people being detained. | The Office of the Assistant Secretary (OAS) has participated in listening sessions with several advocacy groups and shared information regarding private detention facility rulemaking activities. OAS has created a program webpage (https://doh.wa.gov/about-us/executive-offices/prevention-safety-and-heal...) where the public can learn about rulemaking steps including upcoming listening sessions, anticipated time frames when the public can participate in multiple workgroup sessions to draft rule language, and timeframes for the informal proposed rule public comment period. Interested parties can e-mail comments directly to: privatedetentionfacilites@doh.wa.gov. |
Ongoing |
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| 05/02/2024 | 05/02/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Chapters 173-18, -20, -22, -26, and -27 WAC, Shoreline Management Act Rules Update | The Department of Ecology is conducting rulemaking to amend Chapters 173-18, -20, -22, -26, and -27 under the Shoreline Management Act. These Chapters contain Ecology’s rules that carry out the provisions of the Shoreline Management Act. This includes the guidelines for local governments developing, amending, and administering shoreline master programs (SMPs) and standards for SMP administration, permitting, and enforcement. During this rulemaking, we will amend each of these WACs to ensure that our rules are current, reflect changes to the Shoreline Management Act, and clearly and efficiently guide local governments in upholding the goals of the Act. The scope of this rulemaking will be refined through the public engagement process but will include sea level rise. Some of the other topics we are considering may include shoreline stabilization, critical area protections, channel migration zones, mooring buoys, and more. Ecology is amending Chapter 173-26 and 173-27 WAC to: • Comply with the Shoreline Management Act (Chapter 90.58 RCW) and address issues that have we have identified through the review, adoption, and implementation of SMPs. These revisions will provide clarity around SMP approval/amendment procedures and permit and enforcement procedures. Additional amendments may be included for clarity. • Add requirements for local governments to address the impact of sea level rise and increased storm severity on people, property, and shoreline natural resources and the environment. Ecology is also amending Chapters 173-18 and -20 WAC, to update the list of streams, rivers, and lakes in completed SMP updates and amending Chapter 173-22 WAC to clarify designations of shorelands and wetlands associated with shorelines of the state. This rulemaking will be statewide. However, the specific requirement to address the impact of sea level rise and increased storm severity will apply only to jurisdictions with marine shorelines. | For this rulemaking, Ecology will develop and follow a communication plan for public outreach, including a dedicated focus on connecting with people from overburdened communities and vulnerable populations. For the environmental justice assessment, we plan to connect through multiple methods, such as virtual meetings and listening sessions, which will take place in 2024 and 2025. There will also be additional opportunities for people to connect during the rulemaking public comment period and public hearings. To learn more about the rulemaking process and opportunities to get involved, visit our website, which will be updated with more information. You can also join our email list, which is also on our webpage. |
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| 11/14/2024 | 10/10/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | State Route 99 Paving and Americans with Disabilities Act (ADA) Project - S. 272nd ST to State Route 516 Vicinity | This project will resurface the northbound and southbound lanes of State Route 99 from South 272nd Street to SR 516 to extend the pavement service life. Crews will grind and inlay new Hot Mix Asphalt (HMA), perform pavement repair, traffic loop replacement, striping and traffic control. Pedestrian curb ramps will be evaluated and updated as necessary to meet the Americans with Disabilities Act and current accessibility standards. | Community engagement will be conducted throughout the project. Specific engagement opportunities will be updated as the project advances. |
Ongoing |
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| 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 King County | This significant agency action would provide $28.6 million in loan funding to King County for constructing needed improvements at the West Point Treatment Plant (WPTP). The project would primarily consist of replacement pumps and improvements to the grit removal system to increase reliability and meet water quality permit requirements. The construction of these improvements will increase WPTP’s capacity to treat raw wastewater and avoid the release of untreated wastewater to Puget Sound. Untreated wastewater presents environmental and health risks to aquatic life and people, so this action supports public health and protects the quality of state waters. This project is in northwest Seattle on a saltwater beach off Elliott Bay. The plant sits within Discovery Park, a 534-acre natural area with public access to 11 miles of walking trails, picnicking, a preschool. The park receives over 250,000 visitors annually. The site is of cultural significance for Indigenous people since time immemorial and is home to the United Indians of All Tribes Foundation, which describes itself as “a social service provider, community center, and cultural home for urban Indians.” | 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 [LINK]. 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 |
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| 12/04/2023 | 09/19/2023 | Action did not move forward | Commerce, Department of | Agency-request legislation | Clarifying, updating and modifying office of homeless youth prevention and protection statutes | This is Department of Commerce, Housing Division, agency request legislation related to several technical clarifications that are needed in RCWs to improve the administration of Office of Homeless Youth (OHY) grant programs. The current RCW language presents barriers to the successful implementation of OHY programs or contributes to a lack of clarity about OHY's roles and responsibilities. The requested changes originated from requests from community providers and lived experts. | Community engagement on these technical fixes already took place, with the changes being developed in consultation with Office of Homeless Youth advisory groups and stakeholders. Since these are small technical fixes, we don't anticipate future concerns from stakeholders. We don't anticipate any impacts on Tribal Nations or lands. |
Action did not move forward Died in Session and did not move forward |
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| 09/12/2023 | 09/12/2023 | Ongoing | Ecology, Department of | Significant legislative rules | Cap-and-Invest Offsets Rulemaking (Chapter 173-446 WAC) | Ecology is considering amendments to Chapter 173-446 WAC to address new and revised cap and invest offset protocols. Offsets are projects or programs designed to reduce the amount of greenhouse gases (GHGs) in the atmosphere. In Washington’s cap-and-invest program, offset projects must also provide direct environmental benefits to our state. Offsets allow businesses to balance out the negative impacts of their emissions by funding a project that benefits the environment such as capturing methane on dairy farms or planting trees in urban areas. The scope of this rulemaking will include consideration of protocol updates or addition of new protocols to increase the potential variety of offset projects that can be developed within the cap-and-invest program, as directed by RCW 70A.65.170(4)(b). This statute directs Ecology to conduct rulemaking that ensures that any updates or additions to the offset program are both based in the best available science, and support the needs of landowners and communities in Washington state. | Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA... . Please contact Nikki Harris at nikki.harris@ecy.wa.gov for comments or questions. |
Ongoing |
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| 07/19/2024 | 04/23/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending the Apple Maggot Quarantine Boundary in chapter 16-470 WAC. | As a result of a petition for rule making, the department is considering expanding the apple maggot quarantine area in Okanogan County. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
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| 12/30/2024 | 12/30/2024 | Ongoing | Ecology, Department of | Capital project, grant, or loan award of at least $12 million | Award for Restoration and Recovery of the Willapa Bay North Shore | The purpose of this action is to provide $14.3 million to the Pacific Conservation District (PCD) to implement the Restoration and Recovery of the Willapa Bay North Shore project, which will restore a large section of Willapa Bay’s north shoreline. This award is part of the NOAA Climate Resilience Regional Challenge (CRRC), for which the Washington Department of Ecology was awarded $73.5 million dollars to pass through in order to advance a portfolio of collaboratively developed climate resilience projects. The Department of Ecology collaborated with over 30 local jurisdictions, Tribal governments, state agencies, and nonprofit organizations to select and co-develop projects to improve resilience and enhance the climate adaptation capacity of local communities, prioritizing those that have been marginalized, underserved, and/or underrepresented. 81.3% of the Washington CRRC award funds (just under $61 million) will go towards projects located in or co-created with frontline communities and Tribes. $18.7 million will go toward projects located in disadvantaged communities (as identified by the federal Climate and Economic Justice Screening Tool) while $41.7 million will go to projects implemented in partnership and in co-creation with Tribes. As one of the subawardees in this portfolio, Pacific Conservation District (PCD) will implement the Restoration and Recovery of the Willapa Bay North Shore project. This region was identified by CEJST as low income and was ranked in the 98th percentile or higher for both expected building loss rate and expected population loss due to natural hazards. Funds will be used for the installation of a nature-based dynamic revetment (small cobble, large woody debris, and root wads), staff time to manage the project and coordinate collaborative workshops with partners and stakeholders, staff equipment, native plant and other restoration materials, adaptive management, and travel for project construction and presentation of results at conferences. Funds will also be used to contract with an engineering firm to update final designs that were developed in 2020, and to fund for a separate activity with Ecology’s Coastal Monitoring and Analysis Program for pre- and post-construction shoreline monitoring. This project will bring funds directly to Pacific County businesses and residents and will improve the long-term economic and ecological vitality of the North Willapa region and its natural resource-dependent communities. | Washington Department of Ecology collaborated with PCD in the planning for this project. This project was designed within the community and collaboratively with local stakeholders and partners. The North Cove area is identified as overburdened. Community based organizations and Tribes in this overburdened community helped co-develop the project and had opportunities to provide comments. As the project moves forward, these groups will continue to be consulted and have opportunities for input. Collaboration with and comment from the communities and Tribes affected by this project will continue to inform this assessment, as well as the planning and design of this work. PCD will take the lead in holding additional community meetings, conducting further stakeholder outreach and coordinating with their local partners. PCD will consult with local and regional partners through the Willapa Erosion Control Action Now (WECAN) community forum and Coastal Hazards Resilience Network. PCD will work with Pacific County Drainage District No 1 on community participation and coordination throughout the project lifecycle, including facilitation/coordination of the WECAN community forum to ensure cohesion with related projects and partners. PCD will report the result of their meetings, outreach and coordination to the Department of Ecology throughout the project period. PCD and Ecology are open to and will continue respond to comments received via email regarding environmental justice, overburdened communities, or vulnerable populations impacted by the project and seek further involvement to address concerns. Tribal partners will be integrally involved with this project. PCD, the Department of Ecology and NOAA will conduct information sharing with Tribal nations in the project area. Ecology will support PCD and other project partners in this work, including participating in the WECAN network, providing technical assistance as needed, and advising on environmental justice impacts as needed. Additionally, the NOAA Office of Coastal Management will consult with potentially interested Tribes as part of the Federal Section 106 compliance process. Ecology will do additional outreach with overburdened communities as needed to address environmental justice concerns. If you have comments on the Environmental Justice impacts or considerations for this project, you can reach out to the Ecology Project Manager, Julia, at jseb461@ecy.wa.gov. |
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| 04/15/2025 | 03/31/2025 | Ongoing | Health, Department of | Agency-request legislation | Agency-request legislation to revise the definition of a "Public Water System" | The Washington State Department of Health (DOH) is conducting an Environmental Justice Assessment on agency-proposed legislation that would change the definition of a “public water system” in RCW 70A.125.010(12) and WAC 246-290-020(1) and 246-291-010(51). The current definitions of a public drinking water system state that systems “with four or fewer connections all of which serve residences on the same farm” are not subject to regulation, but do not clarify if the exemption applies to Group A or Group B systems . The definitions in our state laws and rules need to be as strict as the federal Safe Drinking Water Act to ensure all water systems that meet the Group A threshold are regulated as Group A public water systems, without exception. We need a change in legislation (RCW) to allow clarification in state rules (WAC). This rule revision will: • Align state and federal definitions of a “public water system”, • Further clarify the difference between a Group A public water system and a Group B public water system, and • Clarify exclusions only from a Group B public water system for four or fewer connections to single-family residences on the same farm. | Community members will have an opportunity to engage with this EJA through public comment periods, surveys, and direct outreach/listening sessions. Community members will be notified of opportunities to engage through the distribution of One-pagers, Radio Announcements, Newsletters and other outreach methods. |
Ongoing |
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| 10/03/2024 | 04/01/2024 | Ongoing | Commerce, Department of | New grant or loan program | Consolidated Permit Grant | Commerce was tasked by the Legislature with implementing a new grant program to cities and counties through the provisions of RCW 36.70B.240. An appropriation of $1.5 million dollars was designated for this grant program. This grant is intended to help jurisdictions consolidate various permit approval processes for individual projects into a unified and streamlined approach. This way a new development that needs perhaps a building permit, plumbing permit, grading permit, demolition permit, etc. can make one application for the project and all approvals will be processed concurrently reducing the approval time for new development. | Public comments were taken by the Legislature during adoption of SB 5290 which was codified as RCW 36.70B.240. A public meeting was held on May 1, 2024 for prospective applicants to review grant application requirements and answer questions. |
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| 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 |
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| 07/31/2024 | 07/25/2024 | Action did not move forward | Commerce, Department of | Agency-request legislation | Extending public records act exemptions at the Department of Commerce | Running an agency request legislation to extend public records act exemptions at the department of commerce | N/A |
Action did not move forward ARL did not move forward. |
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| 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. |
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| 03/18/2024 | 12/01/2023 | Ongoing | Health, Department of | Agency-request legislation | Cottage Food Operations Agency Request Legislation | The Department wants to add Cottage Food Operations into the public health system. This will help us direct our food safety and community engagement efforts with those who want to sell food prepared in home kitchens. | food.safety@doh.wa.gov |
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| 11/20/2024 | 11/20/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Chapter 173-423 WAC, Clean Vehicles Program Rulemaking | Ecology is considering amendments to Chapter 173-423 WAC, the Clean Vehicles Program rule. Washington law (RCW 70A.30.010) requires Ecology to adopt certain California regulations to maintain consistency with California’s emissions standards for new motor vehicles and engines. To date, Ecology has delivered on this Legislative requirement to adopt regulations consistent with the following California programs: Advanced Clean Cars, Advanced Clean Cars II, Advanced Clean Trucks, and Heavy-Duty Low NOx Omnibus standards. Ecology is currently considering amendments to Washington regulations that will track amendments to California’s Advanced Clean Trucks and Heavy-Duty Low-NOx Omnibus regulations currently adopted and/or under consideration by the California Air Resources Board (CARB). These amendments are important to streamline program implementation, provide additional compliance flexibility, and maintain consistency with other states and the federal government. The Advanced Clean Trucks regulations apply to medium- and heavy-duty engine and vehicle manufacturers and require zero-emission models to make up an increasing percentage of new vehicle sales in Washington, starting with engine model year 2025. The Heavy-Duty Low-NOx omnibus regulation applies to heavy-duty internal combustion engine manufacturers and requires them to meet more protective air quality standards, particularly on oxides of nitrogen and particulate matter, starting in model year 2026. Ecology is also inviting public input about additional California motor vehicle emissions standards the agency should consider adopting in a future rulemaking to comply with the requirements in Chapter 70A.30 RCW and efficiently and cost-effectively reduce greenhouse gas emissions from transportation in line with Washington’s greenhouse gas emissions reduction mandates in RCW 70A.45.020. | Ecology is initiating this environmental justice assessment and the rulemaking process and will provide engagement opportunities that include public meetings and comment periods. Ecology will host an initial public information session on December 10, 2024 from 10:00 AM-Noon. As we schedule additional opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA.... Please contact Nikki Harris at nikki.harris@ecy.wa.gov for comments or questions. |
Ongoing |
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| 02/11/2025 | 02/11/2025 | Ongoing | 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. |
Ongoing |
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| 12/05/2023 | 12/05/2023 | Ongoing | Commerce, Department of | Agency-request legislation | Changing the incentive structure for tier 1 buildings | This proposed Agency Request Legislation would change the authorizing language for the Clean Buildings Early Adopter Incentive Program. This incentive program, authorized in 2019, offers $75M in incentives to Tier 1 buildings owners who bring their buildings into compliance. This ARL would remove the 85 cent cap per square foot and allow Commerce to have more flexibility in establishing an appropriate incentive. This would allow Commerce to offer an incentive greater than 85 cents per square foot and offer enhanced incentives for buildings which meet a number of important criteria (ex. The building meets an equity criteria). This represents a small change in the authorizing language for the program, which has now been active for four years. | Public comment will be accepted at buildings@commerce.wa.gov |
Ongoing |
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| 08/29/2024 | 08/29/2024 | Ongoing | Commerce, Department of | Agency-request legislation | Cannabis Technical Fix | The RCW 43.330.540 Section 1(ii) states “Cannabis licensees holding a license issued after April 1, 2023, and before July 1, 2024, who meet the social equity applicant criteria under RCW 69.50.335” we are expanding this to match the Bill 5080 to extend the timeline to 2032. In addition, we are expanding grantee recipients to include Research Stipends and Renewal Energy construction. | The program is based on the Social Equity Task Force. This Task Force will make recommendations to promote business ownership among individuals who have been disproportionately impacted by the war on drugs, in order to remedy the harms resulting from the enforcement of cannabis-related laws. The Task Force will work to center the voices of Black, Indigenous, and People of Color communities that have been most impacted by enforcement of cannabis-related laws. |
Ongoing |
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| 07/19/2024 | 03/24/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending the commercial feed and pet food/specialty pet food rules in chapters 16-250 and 16-252 WAC. | Adopts the latest version of the Association of American Control Officials (AAFCO) Official Publication (OP), clarifying areas of the rule regarding livestock feed and including additional categories of product types that were previously absent. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Ongoing |
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| 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. |
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| 12/30/2024 | 12/30/2024 | Ongoing | Ecology, Department of | Capital project, grant, or loan award of at least $12 million | Award for Chinook Marsh Restoration | The purpose of this action is to provide $16.7 million to Snohomish County to implement the Chinook Marsh restoration project, which will complete a tidal reconnection project in the Snohomish River estuary. This award is part of the NOAA Climate Resilience Regional Challenge (CRRC), for which the Washington Department of Ecology was awarded $73.5 million dollars to pass through in order to advance a portfolio of collaboratively developed climate resilience projects. The Department of Ecology collaborated with over 30 local jurisdictions, Tribal governments, state agencies, and nonprofit organizations to select and co-develop projects to improve resilience and enhance the climate adaptation capacity of local communities, prioritizing those that have been marginalized, underserved, and/or underrepresented. 81.3% of the Washington CRRC award funds (just under $61 million) will go towards projects located in or co-created with frontline communities and Tribes. $18.7 million will go toward projects located in disadvantaged communities (as identified by the federal Climate and Economic Justice Screening Tool) while $41.7 million will go to projects implemented in partnership and in co-creation with Tribes. As one of the subawardees in this portfolio, Snohomish County will complete a tidal reconnection project in the Snohomish River estuary by breaching the existing levee system and constructing a setback levee. Funds will be used to secure contract services through a bid process to implement all required construction tasks according to the restoration designs currently under development. This work is necessary to provide natural resiliency to climate change exacerbated floods, storms, and sea level rise. | Washington Department of Ecology collaborated with Snohomish County in the planning for this project. This project was designed within the community and collaboratively with local stakeholders and partners. The project is located in a community identified as overburdened, and community members and Tribes helped co-develop the project and have ongoing opportunities to provide comments. The funds that are to be subgranted to Snohomish County are for the construction phase of this project. Snohomish County is currently in the conceptual design phase, with preliminary design anticipated by 2025 and final design anticipated by 2026. Snohomish County is currently collaborating with project partners and conducting outreach. They expect to make the preliminary project design available for review in spring 2025 and will incorporate comments and concerns into the final design. Opportunities for comment can be found on Snohomish County’s Chinook Marsh project page. Tribal partners are integrally involved with this project, and information sharing with other Tribal nations will be conducted by Snohomish County and NOAA. Additionally, the NOAA Office of Coastal Management will consult with potentially interested Tribes as part of the Federal Section 106 compliance process. Collaboration with and comment from the communities and tribes effected by this project will continue to inform the planning and design of this work. Snohomish County will report the result of their meetings, outreach and coordination to the Department of Ecology throughout the project period. Snohomish County and Ecology are open to and will continue respond to comments received via email regarding environmental justice, overburdened communities, or vulnerable populations impacted by the project and seek further involvement to address concerns. Ecology will do additional outreach with overburdened communities as needed to address Environmental Justice concerns. If you have comments on the Environmental Justice impacts or considerations for this project, you can reach out to the Ecology Project Manager, Julia, at jseb461@ecy.wa.gov. |
Ongoing |
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| 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. |
Ongoing |
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| 10/10/2024 | 07/01/2024 | Action did not move forward | Commerce, Department of | New grant or loan program | Clean Energy Ambassadors Program | Commerce is exploring a potential Clean Energy Ambassadors program that would offer education, planning, technical assistance, and community engagement across the state. If enacted, this program would offer funding for education, planning, technical assistance, and community engagement across the state to increase clean energy access for all and a just transition to a net-zero economy. Commerce is pursuing multiple funding sources that could enable the program to move forward in early 2025. Discussions at these community workshops will inform the future program. | Commerce seeks to listen and learn from communities and tribes about their visions for a clean energy future. This fall, we invite you to participate in regional workshops to share your ideas and learn about upcoming opportunities like Clean Energy Ambassadors. There are factsheets uploaded here (https://deptofcommerce.app.box.com/s/d6y2jd3wf0b1ghr6z4vjz9lxd2uag54a - soon to be available in multiple languages), and there is a registration form available here (https://app.smartsheet.com/b/form/54e49f8a01034da4967c3a169aee030d). Both have more information on dates, times, and locations. Commerce will also distribute this information via email to the update list that you can sign up for on this webpage: https://www.commerce.wa.gov/epic/, to organizations that have expressed interest in the program, and through other networks and modes of communication. DRAFT EJA VIEWABLE FOR PUBLIC COMMENT HERE: https://deptofcommerce.box.com/s/vopxz1cxl72rfl3hj64fovjiob3rd7rq, |
Action did not move forward Program not moving forward due to budget |
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| 01/16/2025 | 01/14/2025 | Ongoing | Commerce, Department of | New grant or loan program | Multifamily Building Efficiency Grants | Commerce is appropriated $53,090,000 for grants and loans to affordable multifamily projects within Commerce's Housing Trust Fund Portfolio. Grants and loans may be for projects that include: benchmarking, technical assistance, energy management, renewable energy, energy efficiency upgrades, greenhouse gas emission reductions, high-efficiency electric equipment and appliances, and other decarbonization investments. | Gov-delivery Web based comment form |
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| 08/01/2024 | 08/01/2024 | Ongoing | Ecology, Department of | New grant or loan program | Climate Resilient Riparian Systems Lead grant program | The Washington State Department of Ecology, the Washington State Conservation Commission, and Bonneville Environmental Foundation, established a partnership coalition to promote innovative and sustainable approaches to riparian management. The Climate Resilient Riparian Systems Lead (CR2SL) team will administer sub-awards to Puget Sound partners that result in greater area of riparian acreage protected, restored, or maintained for climate resiliency. Surrounding Puget Sound communities will benefit from resulting riparian restoration efforts as these projects are known to increase canopy cover and green spaces, improve water quality and improve habitat for fish and aquatic life. The CR2SL team will engage key stakeholders and partners to design the funding program to best support their needs and to increase their efficiency and capacity. This approach will foster the identification of multi-benefit project opportunities to promote collaborative riparian area management in Puget Sound watersheds, including nature-based solutions to climate resiliency and adaptation. | The CR2SL program will use a variety of methods to engage with Puget Sound Tribes, as well as people from overburdened communities and vulnerable populations to inform this work, including: inviting formal consultation with Tribes; hosting virtual listening sessions for Tribal members and staff; distributing a Tribal listening session follow-up worksheet; inviting consultation with the Northwest Indian Fisheries Commission; inviting Tribal participation in the CR2SL advisory group; inviting a tribal liaison to participate in the CR2SL oversight team; hosting virtual and in-person meetings to solicit input from community based organizations operating within the program footprint; web content; and GovDelivery distribution list. Outreach and engagement efforts began in January 2024 and will continue throughout program development and implementation. Outreach and engagement will focus on Tribal engagement and engagement with the Puget Sound watershed restoration community, including community based organizations that represent overburdened and vulnerable communities that might potentially impacted by the new grant program. |
Ongoing |
