Chapter 13: The HEAL Act

The Healthy Environment for All Act (HEAL Act), Chapter 314, Laws of 2021 (RCW 70A.02) was adopted for the following purposes:

• Reduce environmental and health disparities in Washington state and improve the health of all Washington state residents. Ensure policy and program decisions, environmental reviews, funding decisions, and permitting decisions meaningfully engage communities and identify and address environmental health disparities in overburdened communities and vulnerable populations.
• Reduce environmental harms and increase environmental benefits to Tribes.
• Track and measure implementation of environmental justice actions in state agencies and outcomes for Tribes and communities.

The following state agencies are “covered” and “opt in” agencies that must implement the requirements of the HEAL Act:

• Department of Ecology
• Department of Agriculture
• Department of Commerce
• Department of Health
• Department of Natural Resources
• Department of Transportation
• Puget Sound Partnership
• Office of the Attorney General

If state agencies not specifically covered by the law decide to “opt in” to follow the HEAL Act requirements, they are obligated to follow the law.

Under RCW 70A.02.080, beginning on or before July 1, 2023, the identified agencies must, where practicable, take specific actions when making expenditure decisions or developing budget requests to OFM and the Legislature for programs that address or may cause environmental harms or provide environmental benefits. Covered agencies must also consider any guidance developed by the Environmental Justice Council and the Environmental Justice Interagency workgroup under RCW 70A.02.110.

Agencies required to comply that are considering a significant agency action initiated after July 1, 2023, are required to conduct an environmental justice assessment. RCW 70A.02.010(12) defines significant agency actions as the following:

• 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.
• Any other agency actions deemed significant by a covered agency consistent with RCW 70A.02.060.

Directive 24-11 establishes a requirement to develop a uniform approach for agencies to identify overburdened communities and vulnerable populations to direct and track investments under the Healthy Environment for All (HEAL) Act and Climate Commitment Act (CCA). The guidance for the uniform approach is reviewed and updated on a biennial schedule, with the most current guidance published on the OFM website.

To help OFM understand how budget requests submitted by covered agencies address HEAL Act requirements, covered and opt-in agencies are required to complete additional questions when submitting their decision packages (DPs). These questions are shown below and are in addition to the equity-related questions required of all agencies.

If you answer YES to any of the first three questions, please answer the six additional questions and submit them as an attachment through ABS.

1. Is this DP package part of an agency request legislation that is required to complete an environmental justice assessment (RCW 70A.02.010(12))?
2. Is this DP package requesting funding to support another significant agency action that is required to complete an environmental justice assessment (RCW 70A.02.010(12))?
3. Is this DP requesting funding for a program/project/activity that may provide environmental benefits or reduce, mitigate, or eliminate environmental harms, (that is not a significant agency action)? Note: This may include DPs for programs not purposely directed to provide environmental benefits but may have an indirect or unintentional impact.

If you answer YES to any of the above questions, please complete these additional questions.

1. Please describe assumed environmental benefits or mitigation of environmental harm as defined in RCW 02.010 related to your decision package and the associated health impacts to overburdened communities and vulnerable populations.
2. Does this decision package meet a community need formally identified to a covered agency by an overburdened community or vulnerable population that is consistent with the intent of Chapter 70A.02 RCW? If yes, please explain.
3. Does this decision package help the agency achieve environmental justice goals established with the strategic planning requirements in RCW 02.040? If yes, please explain.
4. Does this decision package include funding to help the agency meet engagement standards established by the Community Engagement Plan required by agencies to implement under the RCW 02.050? If yes, please explain.
5. Please describe any potential significant impacts to federally recognized Tribal rights and interest in their Tribal lands, as well as traditional practices. Describe how your agency engaged with Tribes in developing this proposal. Please include offers for Tribal consultation including timelines, methods for feedback, and mechanisms for Tribes to express concern, opposition, or support., and any direction provided by Tribes through this engagement.
6. If the decision package is associated with agency request legislation or constitutes a significant agency action under RCW 02.010(12), please describe how your agency is using the environmental justice assessment process to eliminate, reduce, or mitigate environmental harms and equitably distribute environmental benefits. If an environment justice assessment has already been submitted, please provide a link or submit the assessment as an attachment in ABS in lieu of answering this question.