Skip to Main content
Environmental justice and the HEAL Act

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

Health, Department of
Rulemaking for Minimum Horizontal Separations for On-site Sewage Systems (OSS)
Ongoing
Significant legislative rules
Date submitted: 04/28/2026
Date initiated: 03/06/2026
Agency: Health, Department of
Description:

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.

Methods for providing public comment:
  • May 2026 – Informal comment period
  • September-November 2026 – Formal comment period
  • November 2026 – Public hearing
  • December 2026 – Rulemaking complete
Agriculture, Department of
Big Leaf Maple Syrup food safety rule
Ongoing
Significant legislative rules
Transportation, Department of
State Route 3: Craig Road to Arcadia Road- Roundabouts, Access Management, and Complete Streets project
Ongoing
Transportation project, grant, or loan of at least $15 million
Transportation, Department of
Liberty Park Land Bridge Project – Reconnecting East Central Spokane
Ongoing
Transportation project, grant, or loan of at least $15 million
Natural Resources, Department of
Expand membership in the Law Enforcement Officers’ and Firefighters’ System Plan 2 (LEOFF 2) to include full-time firefighters employed by the Department of Natural Resources.
Action did not move forward
Agency-request legislation
Ecology, Department of
Chapter 173-950 WAC Recycling Reform Rulemaking
Ongoing
Significant legislative rules
Natural Resources, Department of
Amending the definition of timberland for purposes of determining the real estate excise tax for a governmental entity
Ongoing
Agency-request legislation
Natural Resources, Department of
Expanding revenue generation and economic opportunities from natural climate solutions and ecosystem services
Action did not move forward
Agency-request legislation
Ecology, Department of
Onsite Sewage System Regional Loan Program
Ongoing
Capital project, grant, or loan award of at least $12 million
Natural Resources, Department of
Agency Request Legislation – Add Tribal Member to Board of Natural Resources
Action did not move forward
Agency-request legislation
Ecology, Department of
Oil Spill Contingency Plan (Chapter 173-182 WAC) and Oil Spill Contingency Plan –Railroad (Chapter 173-186 WAC) Rulemaking
Ongoing
Significant legislative rules