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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 ascending Agency Type Agency action Description Methods for providing public comment Status
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
10/10/2024 10/10/2024 Ongoing Ecology, Department of Significant legislative rules Rulemaking to add Chapter 173-448 WAC, Air Quality in Overburdened Communities Ecology is beginning rulemaking to add a new rule – Chapter 173-448, Air Quality in Overburdened Communities – to implement parts of Chapter 70A.65.020 RCW, Environmental justice review. This law passed in 2021 as part of the Climate Commitment Act and directs Ecology to reduce criteria air pollution in overburdened communities (OBCs) highly impacted by air pollution. The law requires Ecology to take certain actions, like adopt stricter emission standards in communities identified as overburdened and highly impacted by air pollution. The processes and details for these actions are not included in the law. As a result, this rulemaking is needed to specify the process and procedure that Ecology will follow to reduce criteria air pollution as instructed in the law. Intended environmental benefits include: • Reducing criteria air pollution will improve air quality in overburdened communities Intended health benefits include: • Reducing negative health effects associated with exposure to criteria air pollution Populations expected to be impacted • People who live, work, and spend time in overburdened communities • Businesses whose operations may be impacted Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations. Engagement is anticipated to begin early in 2025 and will include virtual public meetings, comment periods, and other targeted outreach, additional details of which will be shared on our rulemaking website and email distribution list. Ongoing
09/05/2024 06/28/2024 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million State Route 3 Gorst Area Planning and Environmental Linkages Study In June 2024, WSDOT will begin a Planning and Environmental Linkages (PEL) study to look at State Route 3 in Gorst. The PEL will allow WSDOT to meet with a variety of stakeholders. These include regulatory agencies, the Suquamish Tribe, local governments and all users of the highway. During this process, WSDOT will work with these groups to define a purpose and need. WSDOT will also present and discuss design options for SR 3 near Gorst. These options will then go through an environmental process. This study looks at adding a lane to SR 3 in each direction from Gorst to SR 304. It also explores elevating the roadway through Gorst, replacing the Navy’s railroad crossing of SR 3 and replacing nearby fish barriers. Various methods are still to be determined, but you can register your email address at the website linked below to stay up to date on this effort as changes occur. Ongoing
04/30/2025 04/30/2025 Ongoing Commerce, Department of Significant legislative rules Office of Behavioral Health Advocacy Program Rulemaking RCW 71.40 Office of Behavioral Health Consumer Advocacy requires Commerce to conduct rulemaking activities for this chapter, including: (a) Establishing standards for the contracting advocacy organization to use when certifying behavioral health consumer advocates; (b) Establishing procedures consistent with chapter 202, Laws of 2021 for appropriate access by behavioral health consumer advocates to behavioral health providers or facilities; and (c) Establishing procedures consistent with RCW 71.40.140 to protect the confidentiality of the records of patients, residents, clients, providers, and complainants. Rulemaking includes public meetings and hearings. Advisory groups; email comments; GovDelivery emails; Web-based comment form Ongoing
08/07/2024 08/07/2024 Ongoing Ecology, Department of Significant legislative rules Update to Water Quality Permit Fee Rule (173-224 WAC) Ecology has initiated an agency rulemaking action to update our Water Quality Permit Fees (Chapter 173-224 WAC). This chapter carries out Ecology’s requirement under RCW 90.48.465 to establish, by rule, annual fees to recover Ecology’s program cost of administering the wastewater and stormwater permit programs. This chapter also considers the economic impact of our fees on permitted small dischargers and public entities, and makes appropriate adjustments where applicable. Ecology strives to update this chapter every two years to ensure our permit fees reflect the most current costs to Ecology and impacts on our permittees. We use these fees to recover our program costs to administer our permit programs, which protect Washington’s waters from pollution. This rule covers a statewide geographical scope. The anticipated impact of this rulemaking action is limited to the permitted facilities that pay these fees. This rulemaking action does not expect to introduce new environmental impacts or impacts specific to overburdened communities, vulnerable populations, and Tribes. Ecology is beginning to develop draft rule language and will invite the public to participate in the development over the next few months. This may include workshops, webinars, and online comment periods. To stay engaged with this process, please join our email list (https://ecology.wa.gov/EmailList/WQfee) and visit our webpage for updates (https://ecology.wa.gov/WQ-fee-rule). Please contact Faith Wimberley at faith.wimberley@ecy.wa.gov to discuss this environmental justice assessment. Ongoing
06/27/2025 06/27/2025 Ongoing Ecology, Department of Capital project, grant, or loan award of at least $12 million Northshore Levee 2025-27 Capital Budget Proviso The purpose of this action came from the 2025 State Legislature which provided a 2025-27 Capital Budget appropriation for a one-time grant solely as state assistance to the cities of Aberdeen and Hoquiam for: * Aberdeen-Hoquiam flood protection project. North Shore Levee. * North Shore Levee-West segments. Anticipated benefits from the 2025-27 Capital Budget proviso include providing state funds that supplement other local, state, and federal funds for the ongoing Northshore Levee mitigation efforts for flood control by the communities in Hoquiam and Aberdeen. The project once constructed will remove large areas of Aberdeen and Hoquiam from the floodplain and will place them in a mapped Zone X through a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA). Protected properties will benefit from the elimination of mandatory flood insurance through the National Flood Insurance Program (NFIP). The levee system will include two levies, and an interior drainage pump system as required by FEMA. The North Shore Levee implementation efforts bring significant environmental and public health benefits. Residential households, developers, shellfish industry and consumers, and Tribes may experience these benefits. Ecology’s Office of Chehalis Basin (OCB) plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, for the purpose of the environmental justice assessment of this 25-27 Legislative provision in May 2025. OCB will conduct public engagement in July 2025, through an informational blog post and article in area media outlets, as well as provide time for public comments through emails to OCB contacts. We will respond to comments regarding overburdened communities or populations with vulnerabilities and will seek further involvement as needed to address concerns. Through methods yet to be determined, OCB will identify additional opportunities to engage overburdened communities in Grays Harbor County and the local communities and provide opportunities for their involvement in this legislative funding opportunity. OCB will invite Tribal consultation and conduct staff outreach with impacted Tribes which includes but may not be limited to the Quinault Indian Tribe and Confederated Tribes of the Chehalis Reservation. Ongoing
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
06/27/2024 06/27/2024 Ongoing Board of Health, Washington State Significant legislative rules Primary and Secondary School Environmental Health and Safety Standards The State Board of Health (Board), in collaboration with the Department of Health (Department) is conducting an Environmental Justice Assessment for proposed rules regulating environmental health and safety standards for K-12 schools. This rulemaking is required by a budget proviso that was included in the Washington State 2024 supplemental operating budget, (Section 222, subsection 159, page 492). The new chapter will establish updated, minimum statewide health and safety standards for schools and formalize school environmental health and safety inspection procedures. Topics that may be addressed in proposed rules are: • Indoor air quality including heating, cooling, and ventilation • Water quality • Noise • Moisture and mold • Lighting • Restrooms/showers • Playgrounds • Laboratory and shop safety • Sewage • Food safety ~ May 2024: Invite Technical Advisory Committee (TAC) Members - The proviso named specific organizations to work in collaboration with the Board to update the rules as part of a technical advisory committee (TAC). A full list of required representatives can be found on the agency webpage linked. The Board will include additional members such as Parent-Teacher Organizations, Teachers Unions, Students, and private schools. ~ Aug 2024 – Nov 2024: TAC Meetings - Work with members of the TAC to draft rule language and discuss implementation. TAC meetings are open to the public and everyone is welcome to join. ~ Dec 2024: Focus Groups- Virtual and in-person meetings will be held to discuss preliminary draft language to help the Board rulemaking team make informed decisions about finalized draft rule language. These meetings will take place across Washington state. All members of the public are welcome to participate in these focus groups. ~ Dec 2024: Informal Comment Period - Invite all interested parties to review and share feedback on the draft rule language. All members of the public are welcome to provide comments during the informal comment period. Ongoing
12/03/2024 09/04/2023 Ongoing Health, Department of New grant or loan program Alternative Drinking Water Program The DOH is conducting an Environmental Justice Assessment on the Alternative Drinking Water Program (ADWP). This program was created with 2023-2025 funding provided through ESSB 5187. The goal of the ADWP is to assist with access to safe drinking water if private wells or Group B water supplies are impacted by contamination. Group B systems serve fewer than 15 residential connections and less than 25 people per day. • Keep up to date through the website https://doh.wa.gov/community-and-environment/drinking-water/water-system... • Sign up for electronic notices at odw-adwp@doh.wa.gov • For questions about the ADWP or the EJ Assessment, contact us at odw-adwp@doh.wa.gov Ongoing
09/25/2024 08/07/2024 Ongoing Commerce, Department of New grant or loan program Federal Funds Grant Writing Assistance Program (FFGWAP) The FFGWAP is designed for Washington community-based organizations, local government agencies, ports, housing authorities, tribes, businesses, and others eligible to receive Federal funds to prepare and submit grant applications, and to help Washington meet its clean electricity and greenhouse gas reduction goals using approaches that enhance equity, innovation, economic growth, and job creation. Program participant survey; 1:1 intake sessions and meetings with contractor (Hagerty) and agency staff PUBLIC COMMENT IS OPEN ON THE DRAFT EJA LOCATED HERE: https://deptofcommerce.box.com/s/3qslblcjdns9nfspnuzd3izojxb2e80e. Ongoing
06/16/2025 06/16/2025 Ongoing Ecology, Department of Significant legislative rules Rulemaking to Amend Five Instream Flow Rules Ecology is beginning a rulemaking to amend five Instream Flow Rules in Water Resource Inventory Areas (WRIAs) 7 (Snohomish), 8 (Cedar-Sammamish), 13 (Deschutes), 14 (Kennedy-Goldsborough), and 15 (Kitsap), as required by law (RCW 90.94.030(3)(h)). The law requires Ecology to initiate rulemaking within 6 months of Ecology adopting the Watershed Restoration plans developed under chapter 90.94 RCW, which were adopted December 17, 2024. Ecology’s intent is to start rulemaking in June 2025, and the goal of this amendment is to incorporate recommendations from the Watershed Restoration Plans, incorporate statutory requirements from RCW 90.94.030(4) into rule, harmonize the rule language, and make minor technical corrections. When the rule announcement is filed (that same day), GovDelivery e-mails will be sent to our email lists with information about the rule, and a prompt for a future public meeting and listening session to be expected this summer. Feedback received from the public may influence draft rule language. Ecology will conduct public outreach with a focus on people from overburdened communities and vulnerable populations in the watersheds impacted by this rule amendment. Outreach will include information about the rule, opportunities to provide comment, and invitation to reach out directly to the rule lead for information and/or questions. Ecology will share this rulemaking information and links to webpages and resources at Washington Resources Advisory Committee (WRAC) meetings shortly after filing the CR-101. Additionally, cities and counties within WRIAs 7, 8, 13, 14 and 15 will be informed of the rulemaking via email once the CR-101 is filed. Ecology will also reach out to Washington Association of Cities and Counties with information and resources to email to their constituents. Ecology will reach out individually to Tribes with reservations or usual and accustomed areas within the impacted watersheds in advance of the rule announcement. When the rule announcement is filed, a notice will be sent to Statewide Tribal chairs and natural resource directors with an invitation for government-to-government consultation. After the rule language is announced (CR-102), Ecology will host a public hearing and formal comment period. Ongoing
02/18/2025 02/13/2025 Ongoing Commerce, Department of New grant or loan program Circular Economy Development Program Proviso funding will help establish a circular economy market development initiative and expand industrial symbiosis projects across Washington. By combining these funds ($390k) with the existing Industrial Symbiosis Grant Program administered for Fiscal Year 2025, two additional circular market projects are supported. The awarded funds help divert industrial waste for reuse through innovation into valuable new products. A strong circular market reduces environmental impacts, builds a resilient supply chain, and creates jobs Public comments period on the draft EJA has opened 4/29/25: https://deptofcommerce.box.com/s/ra3ya1aram86p19q7qtnb9yugj7r3nc2. Past opportunities included the Community Involvement Listening Session on March 18 and March 20 as well as the Tribal Briefing in April 2025. Ongoing
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
07/19/2024 04/17/2024 Ongoing Agriculture, Department of Significant legislative rules Amending chapter 16-752 WAC, by adding species to the prohibited plants list. Adds additional species to the noxious weed seed and plant quarantine, which would prohibit their sale and distribution. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. Ongoing
01/14/2025 01/14/2025 Ongoing Commerce, Department of New grant or loan program Green Jobs Infrastructure Grants Grants to projects that demonstrate high-wage, clean job creation in Washington, provide risk reduction for investments in public and private infrastructure in order to increase a community's capacity for clean manufacturing, or provide investments in workforce development to attract and train the workforce required to grow the clean energy economy Public comments period on the draft EJA has opened. Hosting of public Q / A Email Gov delivery WEBS notification Community Networking Ongoing
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.
10/14/2024 08/12/2024 Ongoing Agriculture, Department of Significant legislative rules Establishing a quarantine to prevent untreated firewood from entering Washington State The department is considering establishing a quarantine of untreated out-of-state firewood to prevent the introduction of plant pests and bee pests. The movement of firewood containing plant pests and bee pests poses a threat to Washington’s forests, agricultural, and environmental interests. Eggs, larvae, and adult stages of many invasive insect pests can be carried on or inside firewood and are easily spread when firewood is moved from one location to another. Introductions of these invasive insect pests have destroyed forests and are costly to control. Such invasive plant pests include emerald ash borer, spongy moth, Asian longhorned beetle, spotted lanternfly, pine wood nematode, Sirex woodwasp, Japanese cedar longhorn beetle, and other insects and organisms that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants, or that can be considered bee pests. Many states, including Oregon, have already enacted firewood quarantines that prohibit out-of-state firewood that has not been properly heat-treated against pest organisms. These quarantines seek to prevent potentially infested firewood from entering the state and introducing invasive plant pests and bee pests. This firewood quarantine is necessary to disrupt a dispersal pathway for several invasive plant pests, especially wood-boring insects, and will help prevent their introduction into Washington. TBD Ongoing
09/05/2024 09/05/2024 Ongoing Agriculture, Department of Significant legislative rules Rule Making to Amend Chapter 16-202 WAC, Application of Pesticides and Plant Nutrients through Irrigation Systems The Department is considering modifying the rules for chemigation and fertigation monitoring to incorporate present technological capabilities and potential future automation capabilities for application of pesticides and fertilizers through irrigation systems. Govdelivery notification and website posting. Ongoing
05/07/2025 04/01/2025 Ongoing Health, Department of Other Source Water Protection Local Assistance Grant Program Changes to an existing grant program that has environmental impacts. Virtual listening sessions from May – July 2025. Please sign up for email updates to learn more opportunities to get involved! To schedule a private meeting outside of the virtual listening sessions, or to provide written feedback outside of the survey please email sourcewaterprotection@doh.wa.gov. The draft guidelines will be published to our website in August 2025. There will be a public comment period from August to September. Visit https://doh.wa.gov/community-and-environment/drinking-water/source-water...assistance-grant-program for information about the Source Water Protection Local Assistance Grant Program, and to stay up to date with grant activities, including public comment opportunities. For questions about the Source Water Protection Local Assistance Grant or the environmental justice assessment, please contact Chelsea Cannard at chelsea.cannard@doh.wa.gov. Ongoing
01/22/2025 01/22/2025 Ongoing Commerce, Department of New grant or loan program Innovation Cluster Accelerator Program Cohort 3 The Innovation Cluster Accelerator Program Cohort 3, administered by Washington State Department of Commerce, aims to assist organizations with growing cluster operations, driving innovation in key sectors around the state, and attracting talent and capital. Public Comment Period on the EJA draft is open. Commerce sponsored tribal briefing, Commerce pre-proposal conference Ongoing
06/27/2025 06/27/2025 Ongoing Ecology, Department of New grant or loan program Spokane River Grant Program 2025 Ecology is proposing a new grant program that will invest $1 million in a Spokane River Basin Toxics Reduction grant program. The funding for this program comes from the state 2025-2027 operating budget, which provided Ecology with funds to address toxics and other contaminants in the Spokane River Basin. Eligible projects will be determined based on toxics reduction, feasibility of the project, benefit to the watershed, consideration of Tribal government priorities, alignment with other established watershed protection plans, and impact to overburdened communities. This grant program will invest state funds in Spokane watershed communities including Tribes for projects that reduce pollutants found in the river such as PCBs, PFAS, and mercury. These projects will result in cleaner water and healthier fish that are safe to eat. Ecology has presented and requested feedback on this potential grant program in three public meetings of the Spokane River Advisory Committee. In addition, Ecology has collaborated directly with members of the community that are interested in this proposed grant program. Through the fall of 2025, Ecology will initiate additional ways for members of overburdened communities, vulnerable populations, and community-serving organizations to inform this proposed grant program. Ecology does not plan to host a public comment period on this action. Ongoing
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
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
03/13/2025 08/20/2024 Action did not move forward Commerce, Department of Agency-request legislation Tire Cost Reduction Act - Reducing rolling resistance of motor vehicle replacement tires Rolling resistance of tires has a significant effect on the fuel efficiency of motor vehicles, and the sales of high rolling resistance replacement tires when low rolling resistance tire technology is in use by new vehicles costs the average gasoline vehicle driver the equivalent of approximately 50% of the state gas tax. Commerce is proposing new agency request legislation and related funding in the 25-27 Operating budget to create and implement energy efficiency standards for replacement tires. Quarterly tribal briefing, advisory groups, stakeholder interviews, etc. Action did not move forward
ARL did not move forward
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. Ongoing
12/18/2023 12/18/2023 Ongoing Ecology, Department of Significant legislative rules Clean Fuels Program Rulemaking (Amendments to 173-424 WAC) Ecology is considering amendments to Chapter 173-424 WAC, Clean Fuels Program Rule. The rule aims to reduce the life-cycle greenhouse gas emissions per unit energy, or carbon intensity (CI), of transportation fuels used in Washington. This rulemaking is to align the Clean Fuel Standard (CFS) with Engrossed Substitute Senate Bill 5447 (ESSB 5447), which was signed into law on May 3, 2023. The law promotes the production and use of low-carbon alternative jet fuels, which are more commonly referred to as sustainable aviation fuels (SAF), in Washington. Ecology’s rulemaking will comply with ESSB 5447 by updating the date at which SAF pathway applications can be submitted for CFS credit generation. SAF reduces emissions from aviation, which has been identified as one of the most difficult transportation sectors to decarbonize. Lowering aviation emissions will also improve air quality and reduce health burdens on people living near airports and airport workers. Additionally, the rulemaking may consider the following changes to strengthen/streamline the CFS program: • Establishing requirements for a third-party verification program for fuel pathways and data reports submitted by program participants. • Establishing standards to encourage the production of low carbon intensity sustainable aviation fuels (SAF) production. • Amending/refining the compliance and enforcement process for the CFS program. • Updating the rule language to improve clarity and readability, align the rule with guidance documents, correct errors, and make miscellaneous improvements to program implementation. • Updating book-and-claim accounting requirements for electricity and biomethane. • Harmonizing the rule with Oregon and/or California low carbon or clean fuel program requirements. Ecology is not considering amending the other main components of the program, including annual carbon intensity standards, the Tier 2 WA-GREET model, and land use change factors. Ecology plans to conduct engagement, focused on connecting with overburdened communities and vulnerable populations, for the purpose of the environmental justice assessment of this rule. Engagement will begin in early 2024 and will include virtual public meetings, comment periods, and other targeted outreach, details of which will be shared on our rulemaking website and email distribution list. Please contact Adam Saul at adam.saul@ecy.wa.gov with any comments or questions. Ongoing
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
05/21/2024 11/08/2023 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million I-5/NB N Lake Samish to Nooksack River - Concrete Pavement Rehab The Portland Cement Concrete Panels (PCCP) within these sections of Interstate 5 are near or have exceeded their design life. Rehabilitate the concrete pavement through the combination of several strategies such as concrete panel replacement, milling and inlaying of hot-mix asphalt (HMA) road surfaces to match the concrete pavement on tapers and ramps. TBD Ongoing
10/14/2024 10/17/2023 Ongoing Agriculture, Department of Significant legislative rules Amending chapter 16-303 WAC to increase seed certification fees In response to a petition for rule making submitted by the Washington State Crop Improvement Association (WSCIA), the department is considering amending WAC 16-303-340 by increasing fees to align with the current cost of providing certification services, add quinoa as a crop that is certified under this section and otherwise align with the department’s seed certification rules and fees. TBD Ongoing
09/05/2024 06/16/2024 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million SR 525 Paver and Complete Streets Project This project will grind and pave Hot Mix Asphalt (HMA) on both directions of the SR 525 Spur to the Mukilteo Ferry Terminal, to extend the pavement service life and preserve the roadway. In addition, this project will evaluate and replace/modify all pedestrian curb ramps within the project limits that do not meet ADA standards. TBD Ongoing
05/07/2025 04/01/2025 Ongoing Health, Department of New grant or loan program Safe Drinking Water Initiative The Washington State Department of Health (DOH) is conducting an Environmental Justice Assessment on the Safe Drinking Water Initiative. The Washington State Legislature provided funding in the 2023-2025 biennium to extend outreach and provide education and groundwater testing for nitrate in the Lower Yakima Valley Ground Water Management Area (LYV-GWMA) in Yakima County. For questions about this environmental justice assessment and current and future opportunities for engagement, please contact Anchee Nitschke Durben at anchee.nitschkedurben@doh.wa.gov Ongoing
02/04/2025 02/04/2025 Ongoing Commerce, Department of New grant or loan program 2025 Clean Energy Community Grants The Clean Energy Community Grants is a new program established to award $41,116,360 to the planning, design, and implementation of clean energy technologies through a non-competitive solicitation. Applicants will be invited to submit project proposals on an invitation-only basis. Commerce hosts a Listening Session and public comment can be submitted via email. Ongoing
01/30/2024 01/30/2024 Ongoing Commerce, Department of New grant or loan program State Home Electrification and Appliance Rebates (HEAR) Program Commerce will provide grants to eligible third-party administrators to administer rebate programs for high-efficiency electric equipment and appliances, with a focus on rebate programs for low- and moderate-income households, small businesses, and adult family homes. The HEAR Program is providing grants in four tracks of funding: Local Government Programs, Tribal Electrification, Adult Family Homes, and LMI Residential Programs. A survey for households and small businesses is posted and open on the program website. Tribal listening sessions will be held in February - April 2024 time frame. When the Request for Applications is developed, Commerce will post the draft to the website for a public comment period. Draft EJA for public comments: https://deptofcommerce.box.com/s/zqxx0rhz9asrvffzpcebkou3jc7tnyr8. Ongoing
11/22/2023 11/22/2023 Ongoing Ecology, Department of Significant legislative rules Rulemaking to amend chapter 173-305 WAC Hazardous Waste Fee Regulation The Washington State Department of Ecology (Ecology) plans to amend chapter 173-305 WAC, Hazardous Waste Fee Regulation. This rulemaking will focus on clarifying how we implement the Hazardous Waste Fee Regulation, including the Hazardous Waste Planning Fee (planning fee). We will also make updates throughout the chapter to reflect new statutory references and improve clarity. The planning fee does not clarify how we calculate the fee for an individual waste stream that designates as both dangerous waste (DW) and extremely hazardous waste (EHW). This rulemaking will clarify how we calculate the planning fee for this type of waste stream. It will also better explain how we implement chapter 173-305 WAC by making the current language concise and easier to understand. Improved clarity in this rule may help communities and individuals navigate complex administrative processes. In addition, clear and concise rules facilitate better compliance, streamline efficiency to government services, and enhance trust in the fairness of the regulations. Before we adopt the new rule, we plan to offer our stakeholders and the public at large an opportunity to participate in the rulemaking process by holding a formal public comment period. For the purposes of this assessment, we plan to follow a strategic outreach plan specifically directed at engaging communities located in areas characterized as overburdened using existing data and resources. The rulemaking webpage will be updated to incorporate upcoming opportunities and methods to communicate with us before the rule is formally adopted. The public may also email us directly by sending comments to the resource mailbox, hwfeerule@ecy.wa.gov. In May 2023, we held two informational webinars during which we described the purpose of this rulemaking and asked for initial feedback on this rule amendment. Ongoing
07/01/2025 07/01/2025 Ongoing Commerce, Department of Agency-request legislation Critical Energy Infrastructure Protection Proposing a change to RCW 42.56 Public Records Act which would exclude critical energy infrastructure information from public disclosure. This would encourage energy providers such as electric utilities to report physical and cybersecurity threats and damage with the Energy Resilience & Emergency Management Office, State Fusion Center, and other relevant agencies for coordination on response and restoration activities. Advisory Groups, Email Comments, Focus Groups, Stakeholder Interviews Ongoing
03/18/2024 12/01/2023 Ongoing Health, Department of Agency-request legislation Cottage Food Operations Agency Request Legislation The Department wants to add Cottage Food Operations into the public health system. This will help us direct our food safety and community engagement efforts with those who want to sell food prepared in home kitchens. food.safety@doh.wa.gov Ongoing
12/10/2024 12/10/2024 Ongoing Ecology, Department of Significant legislative rules Organic Materials Management Rulemaking Ecology is conducting rulemaking to update the solid waste handling standards related to organic materials management under chapter 173-350 WAC. The rule is aimed at reducing contamination in the organic waste going to organic waste handling facilities, such as commercial composting facilities. This rule will allow more facilities to compost food waste and help keep organic materials out of landfills by preventing and removing contamination before it is processed into compost. Ecology is also considering amendments to cover additional organic materials management practices. This rule will have state-wide impacts. Ecology will develop and follow a formal communication plan focused on connecting with overburdened communities and vulnerable populations in Washington. The department recognizes that all residents of Washington State, regardless of socio-economic factors, should have a say in the rules and regulations that affect them. Ecology will begin outreach to overburdened communities in Spring 2025 and will host some listening sessions early in the rule development process to better understand how the Organic Management Law, and by extension the rule, may impact overburdened communities. Once Ecology has identified an overburdened community, vulnerable population, and affected Tribes, staff will connect with those community groups to learn how our work affects the experiences of people within those communities. Ongoing
06/24/2025 06/19/2025 Ongoing Commerce, Department of Agency-request legislation Update Homeless Program Statutes Amend RCW 43.185C to modernize and streamline the statute. The key changes include: - Replacing outdated terminology to ensure language reflects current understanding and values around homelessness and equity. - Aligning timelines for the State Homeless Housing Strategic Plan and the Annual Report to reduce redundancy and improve strategic coherence. - Removing obsolete statutory requirements that are no longer operational or relevant to current systems or funding streams Surveys, web-based comments form Ongoing
03/13/2025 03/11/2024 Ongoing Commerce, Department of New grant or loan program Paper to Digital Grant Commerce was tasked with implement the provisions of RCW 36.70B.241. The Legislature allocated $1.5 million for this purpose. Approximately $330,000 was available in unused funds to supplement this grant. This grant is intended to facilitate the conversion of city and county permit systems from paper based to fully digital systems. For example, some jurisdictions currently require paper applications with physical blueprints and internal paper routing and filing systems. These grants will help jurisdictions move to digital intake and processing allowing for remote applications and corrections and well as streamlined internal approval. This will help reduce the amount of time needed to approve permits and facilitate new residential construction. Submit to allan.johnson@commerce.wa.gov Ongoing
01/10/2024 12/04/2023 Ongoing Agriculture, Department of Significant legislative rules Aligning general pesticide rules with federal certification and training standards Amends chapter 16-228 WAC, General Pesticide Rules, to align with SB 5330 (Chapter 186, Laws of 2023), the federal certification and training standards in 40 CFR 171 passed in 2017, and the Washington Plan for Certification of Pesticide Applicators approved by the Environmental Protection Agency in December 2022. Members of the public can direct their comments on this significant agency action to envjustice@agr.wa.gov. Community engagement, particularly for any communities identified as overburdened for this significant agency action, will also occur as part of the development of the environmental justice assessment. Ongoing
07/29/2024 03/04/2024 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million State Route 7 Pre-design Study WSDOT has a safety improvement project on State Route 7 between SR 507 and 267th Street. The project will build roundabouts at 260th Street E, 224th Street E, 22nd Avenue E and at SR 507. This pre-design study will also use Complete Streets to identify safety and accessibility improvements for everyone along and across SR 7 including active transportation users. Recommended improvements will become part of this project. TBD Ongoing
04/10/2024 06/14/2023 Ongoing Health, Department of New grant or loan program HEAL Capacity Grants The DOH is conducting an Environmental Justice Assessment on HEAL Capacity Grants totaling $26,355,000 as outlined in Engrossed Second Substitute Bill 5187. These grants are intended to build capacity among tribes, tribal organizations, overburdened communities, and vulnerable populations so these groups may provide guidance and input to the state government and the Environmental Justice Council on the implementation of the Healthy Environment for All (HEAL) Act of 2021 and updates and maintenance of the Environmental Health Disparities (EHD) Map. Opportunities for public engagement and updates will be posted to the agency site linked below. Ongoing
10/24/2024 09/30/2024 Ongoing Health, Department of Significant legislative rules Group A Water Supply Rulemaking The State Board of Heath (Board) and Washington Department of Health are conducting an environmental Justice assessment on proposed changes to regulations (WAC 246-290-315 and WAC 246-290-71006) to update Group A public water supply protections from certain chemicals called Per- and Polyfluoroalkyl Substances (PFAS). Group A systems have at least 15 service connections or serve at least 25 people per day for 60 or more days of the year. If you are a Group A public water system owner/operator or identify as receiving your drinking water from a group A system and would like to share your thoughts, please contact us at drinkingwater@sboh.wa.gov Ongoing
09/10/2024 09/10/2024 Action did not move forward Commerce, Department of Agency-request legislation Advance Payment for Small Organizations and Tribes Proposing a new section in Chapter 43.330 RCW that allows Commerce to provide advance payment with small organizations and tribes. Payments would be no more than 25% of contract, or three months of projected contractual expenses, whichever is smaller. Commerce shall have risk mitigation strategy to ensure clarity and efficiency of fund disbursement. This ARL benefits communities by decreasing barriers to access funding which may improve health and wellbeing. This ARL came from communities' and tribes' input over the course of several years. Reimbursement-based funding has continued to be a barrier for smaller entities to contract with Commerce. Once the EJA is posted, public comment can be sent via email to Kyle.Glitchell@commerce.wa.gov. Other methods are TBD. Action did not move forward
ARL did not move forward
05/29/2025 11/15/2023 Ongoing Transportation, Department of Transportation project, grant, or loan of at least $15 million Seattle Ferry Terminal Electrification Project Install subterranean and submarine power cable from Seattle City Light vault 5 at Pier 48 to Colman Dock slips 1 and 3. Complete construction of the trestle SW corner, install shoreside battery energy storage system and vessel charging system. WSFelectrification@WSDOT.WA.GOV Ongoing
02/06/2025 02/06/2025 Ongoing Ecology, Department of Significant legislative rules Rulemaking: Chapters 173-425, 173-430, and 173-400 WAC, Flame Cap Kilns and Air Curtain Incinerators This rulemaking will consider two amendments to the existing rule. First, it will explore adding the definition of “flame cap kilns” and “silvicultural burning” in rule to align with amendments made to RCW by Substitute Senate Bill (SSB) 6121. Adding the definitions will not change the existing laws on what, where, and when burning is legal. Second, this rulemaking will address the air curtain incinerator permitting process. Current technology for air curtain incinerators makes it difficult to meet some emission limits, and therefore permit applications for ACIs require additional consideration and information. This requires additional work by the applicant and Ecology and additional time needed to issue the necessary permit. With proper siting criteria and operation standards, ACIs may still be more beneficial to air quality than open burning. This will also not change the existing laws related to burning. The area(s) most likely to be impacted if there is an increase in emissions are those where burning takes place frequently, such as the central and eastern regions of the state. In addition to the two potential amendments mentioned above, this rulemaking may also consider other amendments to these chapters to clarify language and improve regulatory requirements for air quality. Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the purpose of the environmental justice assessment of this rulemaking. Engagement is anticipated to begin in Fall 2025. Public meetings will be held (virtually, in person, or both depending on the need), during which time we will open the floor for Q&A and informal comments from the public. Ecology welcomes oral comments during public hearings(s), electronically submitted comments, comments submitted by mail related to the Environmental Justice Assessment for this rulemaking. More information will be provided on our webpage as the rulemaking further develops. Ongoing
07/02/2025 07/02/2025 Ongoing Commerce, Department of Agency-request legislation Small Business Training and Education Center This request covers three programs which in the past have either 1) been successfully piloted, 2) have a track record of success but inconsistent funding, or 3) have been built using other revenue streams that will dry up in the 2025-27 biennium. A final request describes an asset mapping exercise to identify all small business training and education activities at the local, state and federal level to identify gaps, reduce redundancies and build a more cohesive training and education system that is intuitive for small businesses to use. Access to accurate, vetted business education and training is a historical barrier to those in underrepresented and underserved communities. For instance, while 90% of small businesses make it through their first year or two, 80% of black-owned businesses fail. The survival rate of any small business is 50% at year five, in part because owners don’t have the expertise and education to address the most common barriers to success – lack of capital or customers, poor location, incorrect pricing strategies, or lack of focus on core competencies. The Washington State Small Business Training & Education Center is a trusted site that provides free access to education, training, tutorials, webinars and academies developed by, and in many cases taught by, small business owners. This budget request will continue to provide stability to this vital resource where one’s bank account or first language aren’t barriers. Any individual can access the site and tap into its knowledge base. No registration is required. Mystartup365.com provides a business owner with all the training they need, from concept through exit strategy. In between they can learn how to master financials, improve decision-making, build a business plan, secure funding and reach new customers and markets. They can do this in any one of 58 languages from the comfort of their office or home, 24 hours a day, seven days a week. Email comments Stakeholder interviews Ongoing
07/18/2024 07/18/2024 Action did not move forward Commerce, Department of Agency-request legislation Advancing a Green Hydrogen 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. Those that have comments or feedback on the EJ assessment for the green electrolytic hydrogen and renewable fuels ARL can email them to Shannon Pressler, Engagement Specialist, at shannon.pressler@commerce.wa.gov. Action did not move forward
Different priorities advanced during the supplemental session.
03/19/2024 03/19/2024 Ongoing Ecology, Department of Significant legislative rules Chapter 173-905 WAC - Battery Stewardship Program The purpose of this rulemaking effort is to implement new program requirements established under chapter 70A.555 RCW Batteries—Environmental Stewardship, which was passed by the state legislature in April 2023. The new law creates an extended producer responsibility program for recycling most types of batteries. Beginning January 1, 2027, battery producers are required to pay into a program that establishes a statewide network of battery collection sites that will provide opportunities for people to drop off batteries at no cost. These collection sites are to be accessible and convenient to overburdened communities identified by the department. This program will increase opportunities for battery recycling throughout the state and will improve consistency of existing battery recycling programs in Washington. Ecology intends to provide battery stewardship organizations regulatory clarity so that the program is implemented equitably across Washington. Ecology will develop and follow a formal communication plan focused on connecting with overburdened communities and vulnerable populations in Washington. The department recognizes that all residents of Washington State, regardless of socio-economic factors, should have a say in the rules and regulations that affect them. Ecology will allow for all communities and individuals to provide valuable insights, feedback, and ideas regarding implementation of the law but will focus engagement efforts particularly on identified overburdened communities. Once Ecology has identified an overburdened community or vulnerable population, staff will connect with existing community groups wherever possible to utilize connections already established within that community. Staff also plan to use varied communications channels including virtual meetings, public hearings, and other targeted education and outreach to inform communities about the issues and impacts of the Battery Stewardship Program. Ecology will accept public comments during a formal comment period and multiple public hearings, the details of which will be shared on the rulemaking website and distributed to the email list for the rule in mid-2025. Ongoing
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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