HEAL Act and Environmental Justice

Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, tribal affiliation, disability or income with respect to the development, implementation and enforcement of environmental laws, rules and policies that affect human health and the environment.

Environmental justice means making sure that laws, rules and policies help protect vulnerable and overburdened communities from unfair environmental and health impacts. It focuses on providing equal access to resources and benefits, preventing harm, and creating sustainable and thriving communities for everyone.

Washington’s environmental justice law, introduced as the Healthy Environment for All Act (HEAL), passed in 2021. Now in statute, Chapter 70A.02 RCW provides a roadmap for integrating environmental justice into seven state agencies, including Commerce, the state departments of Health, Agriculture, Ecology, Natural Resources, Transportation, and the Puget Sound Partnership.

In keeping with the requirements of the law, we accomplished the following:

• Adopted and updated Commerce’s Environmental Justice Community Engagement Plan Fiscal Year 25 Community Engagement Plan Update (PDF).
• Incorporated EJ into our strategic plan (PDF) 
• Developed a tribal consultation framework
  • The framework was collaboratively developed by the HEAL Interagency Tribal Liaisons Workgroup and includes the HEAL Act Native American Communities Engagement Guide (PDF) and the HEAL Act Tribal Government Engagement Guide
• Prioritized EJ in budget and funding decisions (PDF) 
• Conducted EJ assessments for significant agency actions

One of the core elements of the HEAL Act requires covered agencies to conduct environmental justice assessments on significant agency actions defined in RCW 70A.02.010 as:

• Developing significant legislative rules as defined in RCW 34.05.328
• Developing or adopting any new grant or loan programs
• Designing or awarding capital projects, grants, or loans of at least $12 million or more
• Developing agency request legislation
• Any other agency actions deemed significant by Commerce

Commerce’s Additional Significant Agency Action(s)

Agencies are authorized to designate additional Significant Agency Actions that may cause environmental harm or may affect the equitable distribution of environmental benefits to an overburdened community or a vulnerable population. Commerce adopted one additional significant agency action:

• When possible, as decided by Commerce based on program recommendations:
  • Projects funded by current Commerce grant or loan programs that don’t meet the definition of a SAA (Significant Agency Action) under state law (RCW 70A.02.010(12)
  • Federally funded loans or grants identified by the federal agency as part of the Justice40 Initiative’s covered programs or investments.

For this action, environmental justice assessments will begin starting July 1, 2025.

Visit the Commerce Significant Agency Actions and EJ Assessments Log (Excel)

Commerce cocreates programs with communities and working together to strengthen communities, especially in the context of environmental justice. The Energy Programs in Communities Unit (EPIC) engages with communities to advance environmental justice and community engagement policies, principles and practices through Commerce programs. The team works with Commerce’s statewide Community Engagement and Outreach team to run programs in a way that avoids taking advantage of overburdened, tribal and vulnerable communities. They focus on addressing issues that affect the environment and community health.

Ways to engage with us:

Do you have ideas or suggestions on how Commerce can develop EJ-related community engagement? We’d love to hear from you.

• Email the environmental justice team or use the EJ community engagement form to share your suggestions.
• Subscribe to the Energy newsletter (on the right) to stay connected to developments about Commerce’s EJ and community engagement work.

Commerce has a statewide community engagement and outreach team in the regions they serve. The team develops long-term relationships with tribal leaders and program staff, community-based organizations, elected officials, as well as faith-based and informal community leaders.

The law also created an Environmental Justice Council to provide recommendations and guidance to state agencies on incorporating environmental justice into agency activities. The council consists of 16 members appointed by the governor. Council membership includes seats for community representatives, a youth community representative, environmental justice practitioners, Tribes, labor and business.