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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
02/06/2024 01/01/2024 07/19/2024 Agriculture, Department of Significant legislative rules Japanese Beetle Quarantine Expansion Amends and expands the Japanese beetle quarantine to include additional portions of Yakima and Benton Counties, as well as a portion within the city Pasco. Soil samples will be added to the list of regulated articles, and a clarification will be made that cut flowers exposed to open air environments are a regulated article. 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 2024 Japanese Beetle Quarantine Expansion
12/07/2023 08/25/2023 07/22/2024 Commerce, Department of New grant or loan program Grants to Community Based Organizations to Support Participation in Local Planning The Department of Commerce shall establish a grant program for 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. The department will send GovDelivery emails and create a web-based comment form and accept comments via email or phone. Completed
Grants to Community Based Organizations to Support Participation in Local Planning
08/02/2024 08/02/2024 07/23/2024 Commerce, Department of Agency-request legislation Advancing Washington’s Green Electrolytic Hydrogen and Renewable Fuels Economy This ARL will advance several key recommendations from Commerce’s recent green hydrogen and renewable fuels legislative report in order to support hydrogen deployment in Washington. Key items include: establishing a formal state target for in-state green electrolytic hydrogen production; creating a new tax incentive and grant program for hydrogen end users to help direct hydrogen to the most strategic sectors; and advancing environmental justice recommendations including hydrogen combustion testing to assess NOx emissions. Please email comments to Shannon Pressler, Engagement Specialist, at shannon.pressler@commerce.wa.gov Ongoing
03/19/2024 03/19/2024 08/01/2024 Commerce, Department of New grant or loan program Nonprofit and Religious Nonprofit Security Grant To provide grants to non-profit organizations including, but not limited to, religious nonprofits, "by and for" organizations, or cultural community centers, to fund the physical security or repair of such institutions. Advisory Groups, Email comments, Listening Sessions (as host), Social Media, Stakeholder Interviews and Surveys Completed
Nonprofit and Religious Nonprofit Security Grant
04/09/2024 04/09/2024 08/16/2024 Commerce, Department of New grant or loan program Law Enforcement Vehicle Pursuit Technology Grant Program New program to provide law enforcement with grants for modern vehicle pursuit management technology (for example: GPS tracking equipment, automated license plate readers, aircraft, and non-armed and non-armored drones, etc.). Grants are for local law enforcement agencies (including tribal law enforcement agencies). Proposals must include a request for specific technology and a specific plan for implementation, use, and effectiveness reporting of that technology. Local law enforcement agencies seeking grants must: 1) Establish data-sharing and management policies; and (2) Establish policies ensuring all operating personnel are trained to use the requested technology and comply with the data-sharing and management policies mentioned in item 1 above. This program is expected to reduce the danger of pursuits in communities by giving law enforcement more efficient and modern tools. More technology being implemented may track additional data that may not have been historically tracked. Following a competitive process (RFP S24-34444-001) 18 contractors were selected for SFY '24. These are listed below: Omak Police Department Monroe Police Department Benton County Sheriff's Office Marysville Police Department Kirkland Police Department Woodland Police Department Everett Police Department Reardan Police Department Lake Forest Park Police Department Puyallup Police Department Cowlitz County Sheriff's Office Port Angeles Police Department in partnership with Lower Elwha Tribal Police Richland Police Department Washougal Police Department Olympia Police Department Yakima Police Department West Richland Police Department Spokane County Sheriff's Office In process: setting up a webpage, email engagement, and working with community engagement team internally. Completed
Law Enforcement Vehicle Pursuit Technology Grant Program
08/21/2024 08/21/2024 08/27/2024 Commerce, Department of Agency-request legislation Public Disclosure Protections for Energy Critical Infrastructure Information Proposing a change to RCW 42.56 which would exclude critical infrastructure information (as defined by Federal law) from public disclosure. This would encourage utilities to report physical and cybersecurity threats and damage with the Energy Resilience & Emergency Management Office for coordination on response and restoration activities. Stakeholder interviews Email comments submitted to eli.king@commerce.wa.gov Completed
Public Disclosure Protections for Energy Critical Infrastructure Information
02/01/2024 02/01/2024 08/30/2024 Health, Department of Agency-request legislation Proposed Legislative Changes- Chapter 70.90 RCW The Washington State Department of Health (department) is conducting an Environmental Justice Assessment on potential agency legislative action for 2025. The department is considering a bill to amend chapter 70.90 RCW which regulates water recreation facilities. The proposed amendments would align state law with the federal Centers for Disease Control and Prevention (CDC)’s Model Aquatic Health Code (MAHC) standards. The MAHC is based on the latest science and water recreation best practices. Proposed amendments to chapter 70.90 RCW will be posted on our webpage below and sent out via email to interested parties for their review. Comments on proposed amendments can be sent to waterrecreation@doh.wa.gov. Visit our website for more information on how to get involved. Completed
Chapter 70.90 RCW, Water Recreation Facilities EJA Report
06/05/2024 06/05/2024 08/31/2024 Ecology, Department of New grant or loan program Improving Air Quality in Overburdened Communities Grants Program Section 3 of the Climate Commitment Act, RCW 70A.65.020, requires Ecology to take actions to reduce criteria air pollutant emissions in identified overburdened communities highly impacted by air pollution. To help meet these reduction requirements, Ecology is developing and implementing a new grant program to incentivize and support the reduction of non-regulated sources of criteria pollutant emissions in communities identified to be overburdened and highly impacted by air pollution. Ecology will lead an inclusive outreach effort to engage with Tribes, local municipalities, and non-governmental organizations in these communities to seek input on the design of the grant program. $10M will be available to organizations severing these communities to engage with people in their community towards the goal of identifying and developing local projects to improve air quality. Reducing criteria air pollution will improve air quality and protect public health in overburdened and highly impacted communities and will help to reduce environmental and health disparities. This grant program is supported with funding from Washington’s Climate Commitment Act (CCA). We will use a variety of methods to engage with people from overburdened communities and vulnerable populations to inform this work, including inviting formal consultation with Tribes and a virtual listening session for Tribal members and staff; virtual listening sessions for organizations serving overburdened communities, including community groups and local municipalities; an online public comment period; as possible, direct outreach and education, including tabling at community events and attending existing community meetings; web content; and GovDelivery distribution list. Outreach and engagement efforts will occur in May and June 2024 and focus on the communities Ecology identified as overburdened and highly impacted by air pollution and Tribes. Completed
Air Quality in Overburdened Communities Grant Environmental Justice Assessment
08/15/2024 08/15/2024 09/06/2024 Commerce, Department of Agency-request legislation Enabling Compliance with the Clean Buildings Performance Standard The Clean Buildings Performance standard, passed in 2019 (HB 1257) and expanded in 2022 (SB 5722), sets first-in-nation energy efficiency standards for large buildings in the state. In the 2023 capital budget, the legislature directed Commerce to convene a workgroup to study the financial impacts for the standard’s largest buildings (also called Tier 1 buildings) to comply with the law. The workgroup, composed of representatives from across the Washington buildings sector, has convened for more than a year to identify barriers and opportunities for the Clean Buildings performance standard. The workgroup is developing a list of recommendations to help building owners be able to comply more easily with the statewide standard. This ARL will bring forward several of those legislatively-focused recommendations on increasing the options buildings can use to comply with the standard. Public comments for this EJA can be submitted to buildings@commerce.wa.gov. Completed
Enabling Compliance with the Clean Buildings Performance Standard
05/10/2024 04/10/2024 09/06/2024 Commerce, Department of New grant or loan program Distribution of the Community Reinvestment Account: Violence Prevention Provides capacity building and technical support to existing OFSVP funding programs addressing the prevention and intervention of firearm violence. Public comment on EJA draft linked below Advisory Groups Community Meetings (as guest) GovDelivery, Office Hours posted on the Department of Commerce Community Reinvestment Project website, Email through Dept of Commerce Community Reinvestment Project Website. Completed
Distribution of the Community Reinvestment Account: Violence Prevention
07/11/2024 06/25/2024 09/12/2024 Commerce, Department of Agency-request legislation WSBO Program Update, including SBO Goals Update and Transfer of the administrative duties for the Digital Equity Forum to the Office of Equity This Agency Request Legislation will accomplish two things. First, to formally move the administration of the Digital Equity Forum to the Office of Equity. Second, we also plan to update WSBO goals in RCW 43.330.536 to better align with the current work in PWB, CERB and the SBO. Input for this ARL can be provided using our public comment form. https://app.smartsheet.com/b/form/78649f9ca0b74d35854a7e817bd0e349 Completed
State Broadband Office Program Update ARL
08/09/2024 08/09/2024 09/13/2024 Ecology, Department of Agency-request legislation Climate Resilience Governance RCW 70A.05 requires Ecology, in coordination with other partner agencies, to recommend a durable governance structure for coordinating and implementing the state’s climate resilience strategy by September 30, 2024. This legislation would establish the recommended governance structure. It will ensure the state has an ongoing mechanism for strategic alignment, collaboration, transparency, and accountability across the many state agencies that can support and advance greater climate resilience in Washington. A public comment period was held on the draft climate resilience strategy, including the proposed governance structure. Public comments on the EJ Assessment can be provided by email to agency staff at: jennifer.hennessey@ecy.wa.gov. Ecology plans to reach out to and meet with representatives of environmental justice organizations to gather additional input on the EJ Assessment and the proposed significant agency action. Completed
Agency Request Legislation: Interagency Climate Resilience Coordinating Council An Environmental Justice Assessment (per RCW 70A
07/25/2024 07/25/2024 09/23/2024 Commerce, Department of Agency-request legislation Reducing lead exposure through safe work practices The Lead Based Paint program at Commerce helps prevent lead exposure through certification, accreditation, enforcement, and compliance with lead-safe work practices. This agency request legislation (ARL) would update RCW 40A.420 to allow for rulemaking to set certification fees, update outdated rules, and clarify that Commerce is at least as protective as federal and state regulations. It supports efforts to reduce lead exposure in houses or child-occupied facilities built prior to 1978. Lead based paint is extremely harmful and toxic to the environment and human health. The Lead Based Paint program has notified its stakeholders of the proposed agency-request legislation and is requesting feedback via email, electronic survey, and/or virtual meeting. Completed
Reducing Lead Exposure through Safe Work Practices - Lead Based Paint - Agency Request Legislation (ARL) N/A
07/25/2024 07/25/2024 09/23/2024 Commerce, Department of Agency-request legislation Victims of Crime Act Stabilization OCVA’s most significant resources for crime victims in Washington is tied to federal funding associated with the Victims of Crime Victim’s Act (VOCA). Federal VOCA Assistance funds have been declining and, in response, the state has provided supplemental funds that will expire on June 30, 2025. We are anticipating a very severe “funding cliff” for WA state if both state supplemental funds go away and federal VOCA funds are reduced as projected. Washington state needs a sustainable solution to maintain VOCA infrastructure and ensure access to services for victims/survivors. Advisory Groups Email comments Listening Sessions (as host) Surveys Draft EJA posted for public comment at the link below Completed
Victims of Crime Act (VOCA) Stabilization - Agency Request Legislation (ARL)
09/24/2024 08/21/2024 09/24/2024 Commerce, Department of Agency-request legislation ​​Proposed agency request legislation - Reducing rolling resistance of motor vehicle replacement tires ​​Commerce is proposing new agency request legislation and related funding in the 25-27 operating budget to create and implement energy efficiency standards for replacement tires.​ Commerce will conduct both broad-based and focused engagement in the fall prior to introduction, including: ​A public workshop and/or listening session, held virtually to increase accessibility ​An online survey ​Inviting community based organizations who have engaged on the Transportation Electrification Strategy and other Energy Division activities to participate in engagement activities and/or smaller meetings ​Requesting information and feedback, written or through meetings, from small business tire retailers and fleets​ Completed
Tire cost reduction act - reducing the rolling resistance of motor vehicle replacement tires
07/25/2024 07/25/2024 09/25/2024 Commerce, Department of Agency-request legislation Change to Reentry Council Statute ARL to request changes to the Washington State Reentry Council RCW to 1) allow for compensation for community members participating on the council for their lived experience, and 2) to expand the Council to include 2 additional representatives of people who are currently incarcerated. Advisory Groups Completed
Reentry Council Changes - Agency Request Legislation It's ongoing
08/09/2024 08/09/2024 09/30/2024 Ecology, Department of Agency-request legislation Wood Stove Standards The Department is proposing legislation that would allow the agency to review and verify the results of required EPA tests for wood burning stoves to ensure stove performance data is reliable. This will allow Ecology to ensure stoves truly meet national standards so that consumers and residents can have confidence in the performance of the devices installed in their homes. Ecology plans to conduct public engagement in August and early September of 2024, with outreach focused on people from overburdened communities, vulnerable populations, and Tribes, for the purpose of developing this Environmental Justice Assessment. Ecology will provide a variety of ways for the public to provide input to inform this Environmental Justice Assessment, including: online public meetings, individual and small group meetings with interested parties, and online public comments. We will also reach out to groups with an environmental and environmental justice focus and community-based groups by email and phone to see if they would like to provide input for this assessment. We will also provide a summary of the proposal to Tribes and provide an opportunity for government-to-government consultation. As we schedule opportunities for public feedback and participation, we will share them through our website. Completed
Wood Stove Standards Agency Request Legislation: An Environmental Justice Assessment (per RCW 70A.02.060)
03/05/2024 03/05/2024 10/01/2024 Ecology, Department of New grant or loan program Landfill Methane Emission Reduction Grant Owners and operators of Municipal Solid Waste (MSW) Landfills in Washington must meet new requirements (RCW 70A.540) to reduce emission of methane gas, a potent greenhouse gas emitted by landfills. Under the new law, MSW owners and operators may be required to improve technology and performance of current systems in place, such as installing gas collection and control equipment or upgrading current equipment, increase monitoring requirements as well as record keeping and reporting. The 2023-25 Washington State Budget includes $15 million to establish a grant program and help offset the cost for landfill owners and operators to meet the new requirements. Landfills are a significant source of methane emissions in Washington. Ecology’s most recent Greenhouse Gas inventory reported approximately 1.5 million tons of carbon dioxide equivalent emissions from landfills, which was approximately 2% of the state’s total GHG emissions in 2018. Additionally, methane has underlying cardiovascular, respiratory, and neurological implications. Communities adjacent to MSW landfills, especially those considered “overburdened,” may be concerned about the potential public health and additional downstream effects of uncontrolled methane emissions. While communities are not eligible entities, they Beginning in 2024, Ecology will conduct community engagement with overburdened communities on related air quality programs and funding opportunities. We are hoping to reduce redundancy for communities by trying to collaborate across teams for shared engagement activities for grants of similar kinds in the same program. Although specific events are yet to be planned, we are hoping to hear from communities through interviews, questionnaires, and community meetings to inform this grant program. Completed
Air Quality Landfill Methane Emissions Reduction Grant Environmental Justice Assessment
07/30/2024 05/10/2024 10/02/2024 Commerce, Department of Agency-request legislation Direct Cash Transfer for Youth Pilot Program Agency Request Legislation with funds appropriated to implement a pilot program during 2025-2027 to give direct cash transfers to youth experiencing homelessness or housing instability Currently, the funds passed during the 2023-2024 legislative session to contract and design a direct cash transfer program are being utilized to host a team of individuals with lived experience to host focus groups and decide how to design the pilot program. OHY has agreed that we can utilize the existing planned focus groups which will occur in late August to specifically ask about environmental justice and health in relation to the proposed program to utilize for the final EJA. Completed
Direct Cash Transfer for Youth Program ARL
07/30/2024 05/10/2024 10/02/2024 Commerce, Department of Agency-request legislation Housing- and Homelessness-Related RCW Changes This proposal seeks to make seven (7) RCW changes to streamline and clarify statutes related to housing and homelessness programs operated by Commerce. Tribal engagement and survey Completed
Housing and Homelessness Related RCW Changes ARL
08/26/2024 03/01/2024 10/02/2024 Commerce, Department of Agency-request legislation Establish a Clean Energy Development Office within Commerce The Clean Energy Development Office would promote and support statewide clean energy planning (i.e., identify preferred areas for clean energy development and transmission corridors); develop incentives and other mechanisms to guide clean energy development to appropriate areas (tax policy, community benefits, zoning, workforce development, etc.); support transmission planning and interconnection to the grid; and manage a dashboard to track clean energy development and progress toward meeting clean energy goals. It would also lead Build- Ready development (modeled on a NY Program) that pre-permits sites and then auctions them to developers to reduce time and risk for clean energy projects. The CEDO concept is an outgrowth of previous engagement work conducted for the Low Carbon Siting Study (2022) and an independent assessment required by HB 1216 (Beveridge & Diamond, 2024). The concept is also reflected in letters sent by a coalition of environmental organizations including TNC, Audubon and others. In addition, the concept is reflected in recommendations from the Clean Energy Siting Council, established under HB 1216, which includes representatives from the Governor’s Office of Indian Affairs and the Environmental Justice Council. Additional feedback will be sought from tribes and members of overburdened communities and vulnerable populations as this concept is developed. Commerce has been reaching out directly to stakeholders and fielding public comments. Completed
Establish a Clean Energy Development Office within Commerce
01/12/2024 01/08/2024 10/23/2024 Agriculture, Department of Significant legislative rules Aligning electric vehicle supply equipment rules in chapter 16-662 WAC with federal technical requirements Amends chapter 16-662 WAC, Weights and Measures, to align with the Federal Highway Administration's National Electric Vehicle Infrastructure program's technical requirements for electric vehicle supply equipment payment methods. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. Completed
An Environmental Justice Assessment Of the Electric Vehicle Supply Equipment Amendments to Chapter 16-662 WAC
07/21/2023 07/18/2023 10/23/2024 Puget Sound Partnership Capital project, grant, or loan award of at least $12 million PSAR Large Capital Grant Round Request for Proposals The Puget Sound Acquisition and Restoration large capital grant round requested proposals for projects that recover salmon and protect and recover salmon habitat in Puget Sound. The state legislature appropriates money for PSAR every 2 years in the Capital Budget. The projects selected and ranked on a Capital Projects list will be part of the Capital Budget request submitted for the 2025 Legislative session. Community engagement followed our agency's draft community engagement and tribal engagement policies. The Salmon Team with guidance from our Environmental Justice Team scheduled outreach opportunities, offered tribal consultation, and provided an online public comment form to collect responses. Completed
EJA Report: Development of the PSAR 2025-27 Request for Proposal
06/27/2024 05/30/2024 10/25/2024 Commerce, Department of New grant or loan program Washington Families Clean Energy Credits Grant Program The Washington Families Clean Energy Credits Grant Program dedicates $150 million to assist low- and moderate-income households with the clean energy transition. This initiative will offer bill credits of $200 per income qualified household to eligible residential customers through their electric utility provider.The Department of Commerce will distribute grants to all utility companies in Washington, enabling them to pass on $200 bill credits to customer accounts by September 15, 2024. March - September 2024: Community Meetings (as guest) Email comments OTHER Print Media Web-based comment form A call center may be supported and furnished with Commerce's administrative funding. However, this has not yet established in contract. Completed
WA Families Clean Energy Credits Grant Program
08/30/2024 08/30/2024 10/25/2024 Commerce, Department of Agency-request legislation ARL - Increase ADO Funding & Update Governing Statute Proposed bill addresses inequitable reporting requirements, provides equitable funding floors and ceilings, and addresses ADO match requirements that provide greater discretion to the agency to define. Open meeting, written comment, and solicitation through ADO association. Completed
ARL - Increase ADO Funding & Update Governing Statute
03/15/2024 02/02/2024 10/31/2024 Ecology, Department of Capital project, grant, or loan award of at least $12 million Water Quality Program draft loan offer to the City of Lynden for updated infrastructure at the municipality’s wastewater treatment plant. The proposed action is to provide the City of Lynden with $18,394,140 of loan funding to improve the municipal wastewater treatment plant, including upgrading the oxidation ditches to a Modified Ludzack-Ettinger (MLE) biological treatment system, constructing a new blower building, and modifying a suite of other systems within the plant. These retrofits will improve nutrient removal to meet new water quality permit requirements and increase treatment capacity to accommodate anticipated economic growth in the area. The project location is the Lynden Wastewater Treatment Plant at 800 South 6th Street, Lynden, Washington. Anticipated benefits from this loan offer include: • Improved water quality in the Nooksack River and continued benefits to communities that use the Nooksack River, a tributary of Bellingham Bay, part of the Puget Sound. • Reduced nutrient pollution discharging from wastewater into the Nooksack River. • Increased treatment capacity for anticipated population growth over the next 20 years. • Greater energy efficiency in the wastewater systems. Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, beginning in April 2024 to assess the environmental justice of this loan offer. Ecology conducted public engagement in February and March of 2024, with an online webinar and public comment period. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Ecology will identify additional opportunities to engage overburdened communities in Whatcom County and provide opportunities for their meaningful involvement in this funding decision. Ecology will invite Tribal consultation with impacted tribes, including but not limited to Nooksack, Lummi, Swinomish, Upper Skagit, and Tulalip Tribes. Ecology will engage in consultation in formats that are requested by the tribes and which create opportunities for their meaningful involvement in this funding decision. Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov with any comments or questions. Completed
Water Quality Program draft loan offer to the City of Lynden, Environmental Justice Assessment
11/12/2024 09/30/2024 11/06/2024 Natural Resources, Department of Agency-request legislation Surface Mine Reclamation Project DNR Surface Mine Reclamation Program (SMRP) administers the Surface Mining Act (RCW 78.44), regulating the reclamation of over 850 surface mines across Washington state. Reclamation includes ensuring that when mining is complete, slopes on site are stable, storm water quantity and quality are similar in nature to pre-mining conditions, and the site is well-prepared for its designated subsequent use. SMRP is fully fee-funded and requires a fee increase in order to continue meeting its minimum regulatory legal requirements. The proposal will standardize permit application fees (all will cost $4,500) and will increase annual permit fees for private and some public mines from $2,000 to $3,500. It will increase annual fees for public mines that use their sites for public works projects from $0, $1,000, or $2,000 to $2,500. SMRP convened two meetings of a stakeholder group to solicit feedback and discussion about this fee increase proposal. The stakeholder group comprises a group of small and large mining company representatives and public agency representatives. These are permit holders who operate mines across the state. SMRP has not solicited feedback from people from overburdened communities and vulnerable populations. DNR will formally invite Tribes to provide feedback on all the Agency Request Legislation for the upcoming legislative session. Comments will be received through an online portal and may be directed to individual DNR staff members, as well. Completed
ARL to amend RCW 78.44 to requires a fee increase in order to continue meeting DNR's minimum regulatory legal requirements.
09/17/2024 09/17/2024 11/27/2024 Ecology, Department of Significant legislative rules Human Health Criteria rulemaking Ecology is conducting this rulemaking to provide clarity on the water pollution limits that protect human health and are used in clean water programs in Washington state. This action would transfer the existing federal limits into state rules and would not change any of the existing human health criteria for Washington. The human health criteria protect people, particularly those who eat fish and shellfish and drink untreated water, from experiencing long-term health effects from pollution in rivers, lakes and marine water in Washington. This is a unique rulemaking as it does not change the pollution limits that are already in place for Washington. In 2016 and 2022, the U.S. Environmental Protection Agency (EPA) set some of the human health criteria for Washington, so those limits are in federal rule, instead of state rule like the rest of Washington’s pollution limits. Ecology aims to provide clarity on the regulations by adopting the federal human health criteria. Ecology received feedback from the public and Tribes during prior rulemakings that making this change should be a priority for the state. This rulemaking is a shorter process than most. Because this rulemaking will adopt federal regulations without changing them, this rulemaking is exempt from the usual requirements to complete a pre-proposal statement of inquiry (CR-101) and will instead move starting to the rule proposal (CR-102). For this rulemaking action, Ecology will open a public comment period and hold a public hearing to receive public input on the rule proposal, offer Tribal consultation, meet with Tribal water quality staff and offer to connect with other fishers and vulnerable populations. We will accept comments from 12 a.m. on Sept. 17, 2024, until 11:59 p.m. on Oct. 25, 2024. Submit comments online or at the public hearing on Oct. 22, 2024, 5:30 p.m. Details on how to access both the public comment submission form and the public hearing are on the webpage below. To discuss this rulemaking outside of the above noted opportunities, contact Faith Wimberley, Environmental Justice Planner at faith.wimberley@ecy.wa.gov or (425)275-7285. Completed
WAC 173-201A-240, Toxic Substances Human Health Criteria Rulemaking
10/02/2024 09/30/2024 12/02/2024 Ecology, Department of Capital project, grant, or loan award of at least $12 million Northshore Levee 2023-25 Capital Budget Proviso The purpose of this action came from the 2023 State Legislature which provided a 2023-25 Capital Budget appropriation for a one-time grant solely as state assistance to the cities of Aberdeen and Hoquiam to match federal funding for: * Aberdeen-Hoquiam flood protection project. * North shore levee. * North shore levee-west segments. Anticipated benefits from the 2023-25 Capital Budget proviso include providing matching state funds that supplement other local, state, and federal funds for the ongoing Northshore Levee mitigation efforts for flood control by the communities in Hoquiam and Aberdeen. The project once constructed will remove large areas of Aberdeen and Hoquiam from the floodplain and will place them in a mapped Zone X through a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA). Protected properties will benefit from the elimination of mandatory flood insurance through the National Flood Insurance Program (NFIP). The levee system will include a levee, and an interior drainage pump system as required by FEMA. The North Shore Levee implementation efforts bring significant environmental and public health benefits. Residential households, developers, shellfish industry and consumers, and Tribes may experience these benefits. Ecology’s Office of Chehalis Basin (OCB) plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, for the purpose of the environmental justice assessment of this 23-25 Legislative provision in October 2024. OCB will conduct public engagement in October 2024, through an informational blog post and article in area media outlets, as well as provide time for public comments through emails to OCB contacts. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Through methods yet to be determined, OCB will identify additional opportunities to engage overburdened communities in Grays Harbor County and the local communities and provide opportunities for their involvement in this legislative funding opportunity. OCB will invite Tribal consultation and conduct staff outreach with impacted Tribes which includes but may not be limited to the Quinault Indian Tribe and Confederated Tribes of the Chehalis Reservation. Completed
Cities of Aberdeen and Hoquiam Flood Protection Program: 2023 State Legislature Provision For a One-time Grant Project

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