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 | |
|---|---|---|---|---|---|---|---|---|---|
| 06/13/2024 | 06/13/2024 | Ongoing | Ecology, Department of | Other | Potential linkage of Washington’s Cap-and-Invest carbon market with the joint California-Québec carbon market | As required by the Climate Commitment Act (CCA), Ecology is investigating the option of linking Washington’s Cap-and-Invest carbon market with the California-Québec carbon market. Through linkage, Washington’s carbon market would combine with the joint California-Québec market to create a single shared market with joint allowance auctions and a common allowance price across all jurisdictions. Allowances could be traded across jurisdictions and used to cover emissions in any of the three jurisdictions. The law also requires Ecology to evaluate specific criteria to ensure linkage would benefit Washington’s communities, economy, and climate goals. Ecology is pursuing linkage with California and Québec based on a preliminary analysis that joining a larger carbon market will lead to lower and more consistent allowance prices, benefitting businesses and consumers in Washington. This Environmental Justice Assessment is separate from the Environmental Justice Assessment being conducted on the Cap-and-Invest Linkage Rulemaking. Additionally, Ecology previously conducted an Environmental Justice Assessment on the 2024 carbon market linkage agency request legislation (Senate Bill 6058). We will consider input received through those other linkage related Environmental Justice Assessments in this Assessment. While the completion of each of these Environmental Justice Assessments is a separate legal obligation, Ecology intends to approach them as a comprehensive, iterative process of engagement and consultation that will continually inform our awareness and understanding of potential impacts as well as potential methods to minimize or eliminate harms and maximize benefits for vulnerable populations and overburdened communities. All of these processes must be complete before Ecology can sign a linkage agreement. | Ecology plans to conduct public engagement starting in summer 2024, with outreach focused on people from overburdened communities, vulnerable populations, and Tribes, for the purpose of developing this Environmental Justice Assessment. Ecology will provide a variety of ways for the public to provide input to inform this Environmental Justice Assessment, including: online public meetings, individual and small group meetings with interested parties, and online public comments. We will also reach out to groups with an environmental and environmental justice focus and community-based groups by email and phone to see if they would like to provide input for this assessment. We will also ask if groups are hosting meetings that Ecology can participate in to share information, answer questions, and continue to gather input. As we schedule opportunities for feedback and participation, we will share them through our website and email distribution list. Visit the linkage webpage at cca.wa.gov/linkage for updates or email us at CCALinkage@ecy.wa.gov with comments or questions. |
Ongoing |
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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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| 12/03/2024 | 09/04/2023 | Ongoing | Health, Department of | New grant or loan program | Alternative Drinking Water Program | The DOH is conducting an Environmental Justice Assessment on the Alternative Drinking Water Program (ADWP). This program was created with 2023-2025 funding provided through ESSB 5187. The goal of the ADWP is to assist with access to safe drinking water if private wells or Group B water supplies are impacted by contamination. Group B systems serve fewer than 15 residential connections and less than 25 people per day. | • Keep up to date through the website https://doh.wa.gov/community-and-environment/drinking-water/water-system... • Sign up for electronic notices at odw-adwp@doh.wa.gov • For questions about the ADWP or the EJ Assessment, contact us at odw-adwp@doh.wa.gov |
Ongoing |
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| 09/25/2024 | 08/07/2024 | Ongoing | Commerce, Department of | New grant or loan program | Federal Funds Grant Writing Assistance Program (FFGWAP) | The FFGWAP is designed for Washington community-based organizations, local government agencies, ports, housing authorities, tribes, businesses, and others eligible to receive Federal funds to prepare and submit grant applications, and to help Washington meet its clean electricity and greenhouse gas reduction goals using approaches that enhance equity, innovation, economic growth, and job creation. | Program participant survey; 1:1 intake sessions and meetings with contractor (Hagerty) and agency staff PUBLIC COMMENT IS OPEN ON THE DRAFT EJA LOCATED HERE: https://deptofcommerce.box.com/s/3qslblcjdns9nfspnuzd3izojxb2e80e. |
Ongoing |
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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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| 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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| 04/18/2024 | 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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| 01/14/2025 | 01/14/2025 | Ongoing | Commerce, Department of | New grant or loan program | Green Jobs Infrastructure Grants | Grants to projects that demonstrate high-wage, clean job creation in Washington, provide risk reduction for investments in public and private infrastructure in order to increase a community's capacity for clean manufacturing, or provide investments in workforce development to attract and train the workforce required to grow the clean energy economy | Hosting of public Q / A Email Gov delivery WEBS notification Community Networking |
Ongoing |
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| 10/10/2024 | 10/10/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Rulemaking to add Chapter 173-448 WAC, Air Quality in Overburdened Communities | Ecology is beginning rulemaking to add a new rule – Chapter 173-448, Air Quality in Overburdened Communities – to implement parts of Chapter 70A.65.020 RCW, Environmental justice review. This law passed in 2021 as part of the Climate Commitment Act and directs Ecology to reduce criteria air pollution in overburdened communities (OBCs) highly impacted by air pollution. The law requires Ecology to take certain actions, like adopt stricter emission standards in communities identified as overburdened and highly impacted by air pollution. The processes and details for these actions are not included in the law. As a result, this rulemaking is needed to specify the process and procedure that Ecology will follow to reduce criteria air pollution as instructed in the law. Intended environmental benefits include: • Reducing criteria air pollution will improve air quality in overburdened communities Intended health benefits include: • Reducing negative health effects associated with exposure to criteria air pollution Populations expected to be impacted • People who live, work, and spend time in overburdened communities • Businesses whose operations may be impacted | Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations. Engagement is anticipated to begin early in 2025 and will include virtual public meetings, comment periods, and other targeted outreach, additional details of which will be shared on our rulemaking website and email distribution list. |
Ongoing |
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| 09/05/2024 | 06/28/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | State Route 3 Gorst Area Planning and Environmental Linkages Study | In June 2024, WSDOT will begin a Planning and Environmental Linkages (PEL) study to look at State Route 3 in Gorst. The PEL will allow WSDOT to meet with a variety of stakeholders. These include regulatory agencies, the Suquamish Tribe, local governments and all users of the highway. During this process, WSDOT will work with these groups to define a purpose and need. WSDOT will also present and discuss design options for SR 3 near Gorst. These options will then go through an environmental process. This study looks at adding a lane to SR 3 in each direction from Gorst to SR 304. It also explores elevating the roadway through Gorst, replacing the Navy’s railroad crossing of SR 3 and replacing nearby fish barriers. | Various methods are still to be determined, but you can register your email address at the website linked below to stay up to date on this effort as changes occur. |
Ongoing |
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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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| 01/14/2025 | 08/27/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | Community Transit Swift Gold Line | Community Transit is preparing to improve transit service for Arlington, Marysville, and Everett by expanding the Swift bus rapid transit (BRT) network with the Swift Gold Line. If Community Transit is awarded a Regional Mobility Grant, WSDOT would provide a $15 million grant award to support this work. | Community Transit’s Community Engagement team is utilizing a four-phased engagement approach that began by introducing the project and gathering input on route options July 11-Aug. 7, 2024. In 2025, Community Transit will conduct three additional engagement periods. At each phase, community members and riders will be notified of the opportunity to provide input through a variety of methods. Methods for gathering input include: 1. Online open house survey and interactive mapping exercise 2. Phone number for our Customer Care team to provide input and ask questions over the phone 3. Email address for submitting comments 4. By mail 5. At a variety of in-person events at libraries and other community events 6. Social media |
Ongoing |
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| 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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| 08/01/2024 | 08/01/2024 | Ongoing | Ecology, Department of | New grant or loan program | Climate Resilient Riparian Systems Lead grant program | The Washington State Department of Ecology, the Washington State Conservation Commission, and Bonneville Environmental Foundation, established a partnership coalition to promote innovative and sustainable approaches to riparian management. The Climate Resilient Riparian Systems Lead (CR2SL) team will administer sub-awards to Puget Sound partners that result in greater area of riparian acreage protected, restored, or maintained for climate resiliency. Surrounding Puget Sound communities will benefit from resulting riparian restoration efforts as these projects are known to increase canopy cover and green spaces, improve water quality and improve habitat for fish and aquatic life. The CR2SL team will engage key stakeholders and partners to design the funding program to best support their needs and to increase their efficiency and capacity. This approach will foster the identification of multi-benefit project opportunities to promote collaborative riparian area management in Puget Sound watersheds, including nature-based solutions to climate resiliency and adaptation. | The CR2SL program will use a variety of methods to engage with Puget Sound Tribes, as well as people from overburdened communities and vulnerable populations to inform this work, including: inviting formal consultation with Tribes; hosting virtual listening sessions for Tribal members and staff; distributing a Tribal listening session follow-up worksheet; inviting consultation with the Northwest Indian Fisheries Commission; inviting Tribal participation in the CR2SL advisory group; inviting a tribal liaison to participate in the CR2SL oversight team; hosting virtual and in-person meetings to solicit input from community based organizations operating within the program footprint; web content; and GovDelivery distribution list. Outreach and engagement efforts began in January 2024 and will continue throughout program development and implementation. Outreach and engagement will focus on Tribal engagement and engagement with the Puget Sound watershed restoration community, including community based organizations that represent overburdened and vulnerable communities that might potentially impacted by the new grant program. |
Ongoing |
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| 06/14/2024 | 06/14/2024 | Ongoing | Commerce, Department of | Other | Home Rehabilitation Grant Program | Department of Commerce administered the Home Rehabilitation Loan Program (HRLP). In 2023 the Legislature passed substitute HB 1250, mandating Commerce to go through the rule process and convert HRLP from a loan program to a grant program. | Commerce will participate in a Tribal briefing, release a Request for Information and hold virtual stakeholder input meetings. |
Ongoing |
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| 12/03/2024 | 12/08/2023 | Ongoing | Health, Department of | New grant or loan program | Climate Health and Adaptation Initiative Community Capacity Building Grant Program | The CHAI Community Capacity Building grant program is a partnership among DOH and other state, federal, and academic entities designed to help communities address their self-identified needs in a changing climate. Applicants may apply for resources to provide community resilience planning, mental health support, local capacity building support and other needs for climate hazard resilience. | Visit https://doh.wa.gov/node/17638 for more information. For questions about the CHAI Community Capacity Building Grant Program or the environmental justice assessment, please contact staff at OEPHSShared@doh.wa.gov. |
Ongoing |
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| 09/26/2024 | 07/31/2024 | Ongoing | Commerce, Department of | New grant or loan program | Federal Clean Energy Tax Credit Assistance Program | The Energy Division was allocated funding from the state to support the development of a federal clean energy tax assistance program to provide free tax assistance and resources to eligible entities, with a focus on prioritizing community-based organizations, local governments, ports, tribes, and vulnerable populations in overburdened communities, to support the procurement of federal clean energy tax incentives. | Email messaging, 1:1 meetings, in-person workgroups, virtual meetings/webinars, conferences |
Ongoing |
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| 02/12/2025 | 07/01/2023 | Ongoing | Transportation, Department of | New grant or loan program | Electric-bicycle (E-bike) Rebate Program | WSDOT has been directed by the legislature to create a statewide rebate program for purchase of class 1, 2 or 3 e-bike purchases (excluding mountain e-bikes). The program is open to all Washington residents and will allocate 60% of vouchers to those who identify as income verified (meaning they live in a tax household at or below 80% of the median county income level). Additionally, minimum 35% of vouchers will go to those living in overburdened communities. Income verified participants will be required to provide supporting documentation as part of their application. Bike shop owners will be required to validate the applicants’ voucher and eligible ID when redeeming vouchers. | The public will learn about comment opportunities through blog posts, press releases, WSDOT webpage and newsletter articles (existing Walk and Roll publication that has provided regular active transportation information since 2018) and community outreach. Specific comment or engagement opportunities will be updated as the project advances. The public will be able to provide comment throughout the project period via telephone, email, surveys, and opportunities to take part in research. Public comments for this environmental justice assessment (EJA) can be submitted to Adele Peers. If future funding is available for this project, the community feedback that was received will inform both the ways the public learns about comment opportunities and the methods for receiving comment. Public comments for this EJA can be submitted to Adele.peers@wsdot.wa.gov with the subject: “EJA - E-bike Rebate” |
Ongoing |
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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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| 07/19/2024 | 06/24/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending the fees that support the Fruit & Vegetable Inspection Program in chapter 16-390 WAC. | Increases Fruit & Vegetable Program fees and revises the fee schedule to more accurately reflect the scope of services provided, including but not limited to adding fees for services that are not specifically identified in current rule. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
Ongoing |
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| 05/02/2024 | 05/02/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Chapters 173-18, -20, -22, -26, and -27 WAC, Shoreline Management Act Rules Update | The Department of Ecology is conducting rulemaking to amend Chapters 173-18, -20, -22, -26, and -27 under the Shoreline Management Act. These Chapters contain Ecology’s rules that carry out the provisions of the Shoreline Management Act. This includes the guidelines for local governments developing, amending, and administering shoreline master programs (SMPs) and standards for SMP administration, permitting, and enforcement. During this rulemaking, we will amend each of these WACs to ensure that our rules are current, reflect changes to the Shoreline Management Act, and clearly and efficiently guide local governments in upholding the goals of the Act. The scope of this rulemaking will be refined through the public engagement process but will include sea level rise. Some of the other topics we are considering may include shoreline stabilization, critical area protections, channel migration zones, mooring buoys, and more. Ecology is amending Chapter 173-26 and 173-27 WAC to: • Comply with the Shoreline Management Act (Chapter 90.58 RCW) and address issues that have we have identified through the review, adoption, and implementation of SMPs. These revisions will provide clarity around SMP approval/amendment procedures and permit and enforcement procedures. Additional amendments may be included for clarity. • Add requirements for local governments to address the impact of sea level rise and increased storm severity on people, property, and shoreline natural resources and the environment. Ecology is also amending Chapters 173-18 and -20 WAC, to update the list of streams, rivers, and lakes in completed SMP updates and amending Chapter 173-22 WAC to clarify designations of shorelands and wetlands associated with shorelines of the state. This rulemaking will be statewide. However, the specific requirement to address the impact of sea level rise and increased storm severity will apply only to jurisdictions with marine shorelines. | For this rulemaking, Ecology will develop and follow a communication plan for public outreach, including a dedicated focus on connecting with people from overburdened communities and vulnerable populations. For the environmental justice assessment, we plan to connect through multiple methods, such as virtual meetings and listening sessions, which will take place in 2024 and 2025. There will also be additional opportunities for people to connect during the rulemaking public comment period and public hearings. To learn more about the rulemaking process and opportunities to get involved, visit our website, which will be updated with more information. You can also join our email list, which is also on our webpage. |
Ongoing |
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| 10/14/2024 | 08/12/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Establishing a quarantine to prevent untreated firewood from entering Washington State | The department is considering establishing a quarantine of untreated out-of-state firewood to prevent the introduction of plant pests and bee pests. The movement of firewood containing plant pests and bee pests poses a threat to Washington’s forests, agricultural, and environmental interests. Eggs, larvae, and adult stages of many invasive insect pests can be carried on or inside firewood and are easily spread when firewood is moved from one location to another. Introductions of these invasive insect pests have destroyed forests and are costly to control. Such invasive plant pests include emerald ash borer, spongy moth, Asian longhorned beetle, spotted lanternfly, pine wood nematode, Sirex woodwasp, Japanese cedar longhorn beetle, and other insects and organisms that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants, or that can be considered bee pests. Many states, including Oregon, have already enacted firewood quarantines that prohibit out-of-state firewood that has not been properly heat-treated against pest organisms. These quarantines seek to prevent potentially infested firewood from entering the state and introducing invasive plant pests and bee pests. This firewood quarantine is necessary to disrupt a dispersal pathway for several invasive plant pests, especially wood-boring insects, and will help prevent their introduction into Washington. | TBD |
Ongoing |
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| 09/05/2024 | 09/05/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Rule Making to Amend Chapter 16-202 WAC, Application of Pesticides and Plant Nutrients through Irrigation Systems | The Department is considering modifying the rules for chemigation and fertigation monitoring to incorporate present technological capabilities and potential future automation capabilities for application of pesticides and fertilizers through irrigation systems. | Govdelivery notification and website posting. |
Ongoing |
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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 |
Ongoing |
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| 01/16/2025 | 01/16/2025 | Ongoing | Commerce, Department of | New grant or loan program | Thermal Energy Networks Pilot Program | Commerce shall award grants for thermal energy network pilot projects, once those pilot projects are reviewed and referred to Commerce by the Utilities and Transportation Commission. | Advisory Groups Community Meetings Stakeholder Interviews Surveys |
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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| 08/07/2024 | 08/07/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Update to Water Quality Permit Fee Rule (173-224 WAC) | Ecology has initiated an agency rulemaking action to update our Water Quality Permit Fees (Chapter 173-224 WAC). This chapter carries out Ecology’s requirement under RCW 90.48.465 to establish, by rule, annual fees to recover Ecology’s program cost of administering the wastewater and stormwater permit programs. This chapter also considers the economic impact of our fees on permitted small dischargers and public entities, and makes appropriate adjustments where applicable. Ecology strives to update this chapter every two years to ensure our permit fees reflect the most current costs to Ecology and impacts on our permittees. We use these fees to recover our program costs to administer our permit programs, which protect Washington’s waters from pollution. This rule covers a statewide geographical scope. The anticipated impact of this rulemaking action is limited to the permitted facilities that pay these fees. This rulemaking action does not expect to introduce new environmental impacts or impacts specific to overburdened communities, vulnerable populations, and Tribes. | Ecology is beginning to develop draft rule language and will invite the public to participate in the development over the next few months. This may include workshops, webinars, and online comment periods. To stay engaged with this process, please join our email list (https://ecology.wa.gov/EmailList/WQfee) and visit our webpage for updates (https://ecology.wa.gov/WQ-fee-rule). Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov to discuss this environmental justice assessment. |
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| 06/27/2024 | 06/27/2024 | Ongoing | Board of Health, Washington State | Significant legislative rules | Primary and Secondary School Environmental Health and Safety Standards | The State Board of Health (Board), in collaboration with the Department of Health (Department) is conducting an Environmental Justice Assessment for proposed rules regulating environmental health and safety standards for K-12 schools. This rulemaking is required by a budget proviso that was included in the Washington State 2024 supplemental operating budget, (Section 222, subsection 159, page 492). The new chapter will establish updated, minimum statewide health and safety standards for schools and formalize school environmental health and safety inspection procedures. Topics that may be addressed in proposed rules are: • Indoor air quality including heating, cooling, and ventilation • Water quality • Noise • Moisture and mold • Lighting • Restrooms/showers • Playgrounds • Laboratory and shop safety • Sewage • Food safety | ~ May 2024: Invite Technical Advisory Committee (TAC) Members - The proviso named specific organizations to work in collaboration with the Board to update the rules as part of a technical advisory committee (TAC). A full list of required representatives can be found on the agency webpage linked. The Board will include additional members such as Parent-Teacher Organizations, Teachers Unions, Students, and private schools. ~ Aug 2024 – Nov 2024: TAC Meetings - Work with members of the TAC to draft rule language and discuss implementation. TAC meetings are open to the public and everyone is welcome to join. ~ Dec 2024: Focus Groups- Virtual and in-person meetings will be held to discuss preliminary draft language to help the Board rulemaking team make informed decisions about finalized draft rule language. These meetings will take place across Washington state. All members of the public are welcome to participate in these focus groups. ~ Dec 2024: Informal Comment Period - Invite all interested parties to review and share feedback on the draft rule language. All members of the public are welcome to provide comments during the informal comment period. |
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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. |
Ongoing |
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| 12/10/2024 | 12/10/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Organic Materials Management Rulemaking | Ecology is conducting rulemaking to update the solid waste handling standards related to organic materials management under chapter 173-350 WAC. The rule is aimed at reducing contamination in the organic waste going to organic waste handling facilities, such as commercial composting facilities. This rule will allow more facilities to compost food waste and help keep organic materials out of landfills by preventing and removing contamination before it is processed into compost. Ecology is also considering amendments to cover additional organic materials management practices. This rule will have state-wide impacts. | Ecology will develop and follow a formal communication plan focused on connecting with overburdened communities and vulnerable populations in Washington. The department recognizes that all residents of Washington State, regardless of socio-economic factors, should have a say in the rules and regulations that affect them. Ecology will begin outreach to overburdened communities in Spring 2025 and will host some listening sessions early in the rule development process to better understand how the Organic Management Law, and by extension the rule, may impact overburdened communities. Once Ecology has identified an overburdened community, vulnerable population, and affected Tribes, staff will connect with those community groups to learn how our work affects the experiences of people within those communities. |
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| 09/27/2024 | 08/30/2024 | Ongoing | Commerce, Department of | New grant or loan program | Clean Building Performance Grants | The Energy Division was allocated funding from the State to support privately owned Tier 1 buildings and publicly owned Tier 1 and Tier 2 buildings pursuing compliance with the Clean Buildings Performance Standard, pending election results. | Public comments for this EJA can be submitted to buildings@commerce.wa.gov. |
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| 02/18/2025 | 02/13/2025 | Ongoing | Commerce, Department of | New grant or loan program | Circular Economy Development Program | Proviso funding will help establish a circular economy market development initiative and expand industrial symbiosis projects across Washington. By combining these funds ($390k) with the existing Industrial Symbiosis Grant Program administered for Fiscal Year 2025, two additional circular market projects are supported. The awarded funds help divert industrial waste for reuse through innovation into valuable new products. A strong circular market reduces environmental impacts, builds a resilient supply chain, and creates jobs | Upcoming Community Involvement Listening Session on March 18 and March 20 as well as the upcoming Tribal Briefing in April 2025 |
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| 01/22/2024 | 12/29/2023 | Ongoing | Commerce, Department of | Significant legislative rules | Updates to Growth Management Administrative Rules for Climate Change Planning | Growth Management Services is updating Washington Administrative Codes to reflect recent legislation (HB 1181 - 2023 legislative session) regarding requirements for cities and counties to develop a climate change element within their comprehensive plans. A CR 101 has been submitted and was noticed January 19, 2024 to launch these efforts. | Commerce conducts a monthly state agency advisory group and is forming city/county planner and other stakeholder input groups with special emphasis on overburdened communities and vulnerable populations. Commerce will host community 'listening sessions' to review drafts and also welcomes email comments and phone calls. Commerce communicates with stakeholders via GovDelivery emails, planner newsletters, conferences and tribal meetings. |
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| 07/19/2024 | 04/17/2024 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending chapter 16-752 WAC, by adding species to the prohibited plants list. | Adds additional species to the noxious weed seed and plant quarantine, which would prohibit their sale and distribution. | Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. |
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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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| 10/14/2024 | 10/17/2023 | Ongoing | Agriculture, Department of | Significant legislative rules | Amending chapter 16-303 WAC to increase seed certification fees | In response to a petition for rule making submitted by the Washington State Crop Improvement Association (WSCIA), the department is considering amending WAC 16-303-340 by increasing fees to align with the current cost of providing certification services, add quinoa as a crop that is certified under this section and otherwise align with the department’s seed certification rules and fees. | TBD |
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| 09/05/2024 | 06/16/2024 | Ongoing | Transportation, Department of | Transportation project, grant, or loan of at least $15 million | SR 525 Paver and Complete Streets Project | This project will grind and pave Hot Mix Asphalt (HMA) on both directions of the SR 525 Spur to the Mukilteo Ferry Terminal, to extend the pavement service life and preserve the roadway. In addition, this project will evaluate and replace/modify all pedestrian curb ramps within the project limits that do not meet ADA standards. | TBD |
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| 09/10/2024 | 09/10/2024 | Action did not move forward | Commerce, Department of | Agency-request legislation | Advance Payment for Small Organizations and Tribes | Proposing a new section in Chapter 43.330 RCW that allows Commerce to provide advance payment with small organizations and tribes. Payments would be no more than 25% of contract, or three months of projected contractual expenses, whichever is smaller. Commerce shall have risk mitigation strategy to ensure clarity and efficiency of fund disbursement. This ARL benefits communities by decreasing barriers to access funding which may improve health and wellbeing. | This ARL came from communities' and tribes' input over the course of several years. Reimbursement-based funding has continued to be a barrier for smaller entities to contract with Commerce. Once the EJA is posted, public comment can be sent via email to Kyle.Glitchell@commerce.wa.gov. Other methods are TBD. |
Action did not move forward ARL did not move forward |
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| 01/22/2025 | 01/22/2025 | Ongoing | Commerce, Department of | New grant or loan program | Innovation Cluster Accelerator Program Cohort 3 | The Innovation Cluster Accelerator Program Cohort 3, administered by Washington State Department of Commerce, aims to assist organizations with growing cluster operations, driving innovation in key sectors around the state, and attracting talent and capital. | Commerce sponsored tribal briefing, Commerce pre-proposal conference |
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| 12/08/2023 | 12/08/2023 | Ongoing | Ecology, Department of | Significant legislative rules | Safer Products for Washington Cycle 1.5 Rulemaking | The Washington State Department of Ecology (Ecology) is starting a rulemaking to revise the Safer Products Restrictions and Reporting rule—Chapter 173-337 WAC—aiming to reduce PFAS in consumer products. Ecology plans to conduct this rulemaking to: • Reduce the use of priority chemicals in priority consumer products. • Revise Chapter 173-337 WAC in accordance with the regulatory actions outlined in the Regulatory Determinations Report to the Legislature that Ecology will submit by June 1, 2024. Under the authority of Chapter 70A.350 RCW, Ecology may restrict the manufacture, sale, and distribution of a chemical in a product, or require manufacturers to report the use of a chemical in a product. In this rulemaking, Ecology may create reporting requirements or restrictions that apply to the use of PFAS in product categories such as: • Apparel and gear. o Apparel examples include athleticwear, rainwear, school uniforms, clothing for everyday use, undergarments (reusable baby diapers and period underwear), hats, scarves, gloves, shoes, outerwear for mountaineering, outerwear for whitewater kayaking, and commercial fishing bibs for offshore fishing. o Gear examples include backpacks, sleeping bags, umbrellas, camping furniture, and climbing rope. • Cleaning products, including products to wash automobiles and boats. • Cookware and kitchen supplies. o Examples include frying pans, cooking pots, rice cookers, waffle makers, griddles, bakeware, and reusable baking liners. • Firefighting PPE (personal protective equipment). • Hard surface sealants. o Examples include sealants applied to hard porous surfaces like stone, unglazed tile, concrete, and wood. They can be used for interior and exterior applications. • Waxes and polishes, including products for floors, automobiles, skis, and snowboards. PFAS are a group of toxic chemicals that are very persistent in the environment. Most people living in the United States have PFAS in their blood. People are exposed through food, drinking water, and products with PFAS. As products are created, used, and disposed, exposure can occur: • Directly from items such as apparel, cleaning products, and cookware. • Indirectly from the environment—through the air we breathe, water we drink, and food we eat. Ecology plans to develop rules that could: • Reduce the use of PFAS in products by restricting PFAS when Ecology identifies safer, feasible, and available alternatives. This will help: o Reduce consumers’ and workers’ exposure to PFAS. o Reduce the amount of PFAS entering the environment. • Increase product ingredient transparency. | Get involved in this rulemaking by: • Sharing feedback on the Cycle 1.5 Draft Regulatory Determinations Report. The comment period is open now and closes at 11:59 p.m. PST on January 12, 2024. • Signing up for email announcements. • Attending webinars. Our next webinars will occur on December 13 and 14, 2023. See our interested parties webpage for more information. • Contacting Stacey Callaway at stacey.callaway@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. • Sharing a preliminary draft rule, providing a public comment period, and hosting webinars in the fall of 2024. • Proposing a formal draft rule, providing a public comment period, and hosting hearings, in the summer of 2025. • Adopting the revised rule by December 1, 2025. |
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| 09/13/2023 | 08/31/2023 | Action did not move forward | Ecology, Department of | Agency-request legislation | Dredge-and-fill permit program | Ecology is proposing legislation that would direct the agency to establish a permit program and grant authorization to consider a fee for a “dredge-and-fill” permit that is being developed in response to the recent Supreme Court decision in Sackett v. Environmental Protection Agency | The public may comment at any time by visiting the agency webpage below. The Department will also host two public listening sessions on this agency request legislation on October 5, 2023, at 3:00 pm and 5:30 pm. More information on the listening session is located on the agency webpage. |
Action did not move forward Ecology did not ultimately pursue this legislation. |
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| 04/10/2024 | 06/14/2023 | Ongoing | Health, Department of | New grant or loan program | HEAL Capacity Grants | The DOH is conducting an Environmental Justice Assessment on HEAL Capacity Grants totaling $26,355,000 as outlined in Engrossed Second Substitute Bill 5187. These grants are intended to build capacity among tribes, tribal organizations, overburdened communities, and vulnerable populations so these groups may provide guidance and input to the state government and the Environmental Justice Council on the implementation of the Healthy Environment for All (HEAL) Act of 2021 and updates and maintenance of the Environmental Health Disparities (EHD) Map. | Opportunities for public engagement and updates will be posted to the agency site linked below. |
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| 12/10/2024 | 12/09/2024 | Action did not move forward | Commerce, Department of | New grant or loan program | SolarAPP+ Adoption for Local Governments | This program will help city and county governments transition to automated permit processing software for clean energy projects in order to accelerate permit processing and reduce administrative burden. The software can process permit applications for residential solar, battery energy storage, and main panel upgrades, and future versions may incorporate other clean energy technologies. | Email comments, GovDelivery emails, social media, survey. |
Action did not move forward Program not moving forward due to budget |
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| 10/02/2024 | 10/02/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Rulemaking to amend Chapter 173-443 WAC, Hydrofluorocarbons (HFCs) and Other Fluorinated Greenhouse Gases | Ecology is announcing a rulemaking to make amendments to Chapter 173-443 WAC. These will include, but are not limited to: revisions to WAC 173-443-075 to modify the sell-through provision, revisions to WAC 173-443-040 to modify the prohibitions for Automatic Commercial Ice Machines (ACIMs), and other necessary technical and administrative changes throughout the chapter. | Ecology is initiating this Environmental Justice Assessment as part of the rulemaking process and will provide engagement opportunities that include public meetings and comment periods, including engagement that will specifically focus on environmental justice. As we schedule opportunities for feedback and participation, we will share them through our website and distribution list. Please visit the rulemaking’s webpage or sign up for email updates here: https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WA.... Please contact Gopika Patwa at Gopika.patwa@ecy.wa.gov for comments or questions. |
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| 03/13/2025 | 03/11/2024 | Ongoing | Commerce, Department of | New grant or loan program | Paper to Digital Grant | Senate Bill 5290 requires that Commerce provide two new grants to local jurisdictions pertaining to permitting processes. The second grant is for jurisdictions to convert from paper-based permit review and approval systems to fully digital systems. These improvements will allow jurisdictions receiving the grants to expedite processing of permits. | Submit to allan.johnson@commerce.wa.gov |
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| 03/19/2024 | 03/19/2024 | Ongoing | Ecology, Department of | Significant legislative rules | Chapter 173-905 WAC - Battery Stewardship Program | The purpose of this rulemaking effort is to implement new program requirements established under chapter 70A.555 RCW Batteries—Environmental Stewardship, which was passed by the state legislature in April 2023. The new law creates an extended producer responsibility program for recycling most types of batteries. Beginning January 1, 2027, battery producers are required to pay into a program that establishes a statewide network of battery collection sites that will provide opportunities for people to drop off batteries at no cost. These collection sites are to be accessible and convenient to overburdened communities identified by the department. This program will increase opportunities for battery recycling throughout the state and will improve consistency of existing battery recycling programs in Washington. Ecology intends to provide battery stewardship organizations regulatory clarity so that the program is implemented equitably across Washington. | Ecology will develop and follow a formal communication plan focused on connecting with overburdened communities and vulnerable populations in Washington. The department recognizes that all residents of Washington State, regardless of socio-economic factors, should have a say in the rules and regulations that affect them. Ecology will allow for all communities and individuals to provide valuable insights, feedback, and ideas regarding implementation of the law but will focus engagement efforts particularly on identified overburdened communities. Once Ecology has identified an overburdened community or vulnerable population, staff will connect with existing community groups wherever possible to utilize connections already established within that community. Staff also plan to use varied communications channels including virtual meetings, public hearings, and other targeted education and outreach to inform communities about the issues and impacts of the Battery Stewardship Program. Ecology will accept public comments during a formal comment period and multiple public hearings, the details of which will be shared on the rulemaking website and distributed to the email list for the rule in mid-2025. |
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| 10/24/2024 | 09/30/2024 | Ongoing | Health, Department of | Significant legislative rules | Group A Water Supply Rulemaking | The State Board of Heath (Board) and Washington Department of Health are conducting an environmental Justice assessment on proposed changes to regulations (WAC 246-290-315 and WAC 246-290-71006) to update Group A public water supply protections from certain chemicals called Per- and Polyfluoroalkyl Substances (PFAS). Group A systems have at least 15 service connections or serve at least 25 people per day for 60 or more days of the year. | If you are a Group A public water system owner/operator or identify as receiving your drinking water from a group A system and would like to share your thoughts, please contact us at drinkingwater@sboh.wa.gov |
Ongoing |
