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.
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 certain terms. Select the “+” symbol for descriptions 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.
EJA Notices Table
Full EJA Notification Linked Here
In March 2024, the board adopted new standards for minimum horizontal setbacks. The setback requirements for surface water used as a drinking water source were increased to proactively protect source water around surface water intakes.
When the rule was implemented, local health jurisdictions notified the DOH and board of unintended consequences resulting from the rule change. The changed setbacks were intended to be measured from the point of the drinking water intake. However, as written, the rule was interpreted as requiring the setbacks from the entire river, regardless of where the drinking water intake is located. In November 2025, the board received a petition for rulemaking from Northeast Tri County Health District and Pend Oreille County Commissioners. The petition requested that the board revert the setbacks for surface water used as a drinking water source to what they had been in the previous version of the rule. The petitioners stated that the new rule impacts the development of lots along the Pend Oreille River system.
At the January 14, 2026 board meeting, the board accepted the petition for rulemaking.
- May 2026 – Informal comment period
- September-November 2026 – Formal comment period
- November 2026 – Public hearing
- December 2026 – Rulemaking complete