How Washington is Addressing Environmental Justice

Environmental Justice Definitions

Washington statutes define environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, rules, and policies. Environmental justice includes addressing disproportionate environmental and health impacts in all laws, rules, and policies with environmental impacts by prioritizing vulnerable populations and overburdened communities, the equitable distribution of resources and benefits, and eliminating harm.”

“Overburdened communities” are defined as a “geographic area where vulnerable populations face combined, multiple environmental harms and health impacts, and includes, but is not limited to, highly impacted communities.” Agencies covered by the Healthy Environmental for All Act must define the process by which they will identify overburdened communities.

The same statute defines “vulnerable populations”  as:

population groups that are more likely to be at higher risk for poor health outcomes in response to environmental harms, due to: (i) Adverse socioeconomic factors, such as unemployment, high housing and transportation costs relative to income, limited access to nutritious food and adequate health care, linguistic isolation, and other factors that negatively affect health outcomes and increase vulnerability to the effects of environmental harms; and (ii) sensitivity factors, such as low birth weight and higher rates of hospitalization.

The definition of  “vulnerable populations” expressly includes, but is not limited to: (i) Racial or ethnic minorities; (ii) Low-income populations; (iii) Populations disproportionately impacted by environmental harms; and (iv) Populations of workers experiencing environmental harms.

Environmental Justice Mapping Tools

The Washington Environmental Health Disparities map is a diagnostic tool that uses state and national data to model environmental and socioeconomic risk factors in each of Washington’s Census tracts. The map’s purpose is to give the public and state organizations information on how environmental risks are affecting the health of residents. The map is the result of collaboration among the University of Washington Department of Environmental & Occupational Health Sciences, Front and Centered, the Washington State Department of Health (WSDOH), the Washington State Department of Ecology (WSDOE), and the Puget Sound Clean Air Agency.

The map allows for comparison of environmental and socioeconomic risks among Washington’s Census tracts and includes nineteen indicators of environmental justice that are grouped into six categories: (1) environmental health disparities, (2) diesel pollution and disproportionate impact, (3) social vulnerability, (4) lead exposure risk, (5) health disparities, and (6) planning for health. Each census tract has a composite score for each of the six categories and a composite score for each of the nineteen indicators based on the pollution burden and population characteristics. Pollution burden is the combination of harmful environmental exposure and environmental effects that negatively impact the area, such as ozone concentrations or proximity to hazardous waste sites. Population characteristics considered include limited English proficiency, low education levels, race/ethnicity, poverty, health sensitivity, unaffordable housing, unemployment, and transportation expenses.

The Department of Health is exploring new indicators in asthma, noise pollution, proximity to clean-up sites, and surface water quality. Areas of possible research in the future include drinking water contaminants, food access, wealth inequality, occupational risk, and pesticide exposure. E2SSB 5141 requires the Department of Health to publish regular updates to the map, perform an evaluation of the map at least every three years, and develop technical guidance for agencies to use the map.

Environmental Justice as a Policy of the Environmental Agency or Across All Agencies

N/A

Consideration of Environmental Justice in Permitting

WSDOE is not expressly required to consider environmental justice factors in making permitting decisions but has started to consider impacts to environmental justice communities when preparing Environmental Impact Statements (EIS) under the State Environmental Policy Act for permit applications.

Washington’s HEAL Act require the use of environmental impact assessments for significant agency actions “… to inform and support the agency’s consideration of overburdened communities and vulnerable populations when making decisions and to assist the agency with the equitable distribution of environmental benefits, the reduction of environmental harms, and the identification and reduction of environmental and health disparities.”

Consideration of Environmental Justice in Enforcement

WSDOE is not required to consider environmental justice in its enforcement actions. The Task Force recommended that agencies support the inclusion of Supplemental Environmental Projects (SEPs) in settlement agreements in lieu of penalties. The Task Force also recommended ensuring that reporting tools are accessible to overburdened communities.

Consideration of Environmental Justice in Land Use

The WSDOE encourages redevelopment of brownfields as a means of facilitating the resolution of environmental justice issues. 

State Environmental Policy Act “Mini-NEPA”

Under Washington’s State Environmental Policy Act (SEPA), state and local agencies are directed to incorporate consideration of environmental values at the early stages of the planning, review, and decision-making process. Any covered government action may be conditioned or denied pursuant to SEPA. State agencies use the environmental checklist to determine the impact of a proposal. Although SEPA does not specifically reference environmental justice, it does state that all branches of government in the state shall “identify and develop methods and procedures . . . which will ensure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations.”

Dedicated Funding to Environmental Justice Communities

The governor’s legislative and budget proposals for the 2021-2023 biennium include environmental justice assessments for all climate-related investments and the creation of an environmental justice and Equity Advisory panel to analyze how climate investments impact communities most affected by climate change. Washington’s biennial budget for 2019-2021 appropriated a total of $390,000 for the Task Force “to recommend strategies for incorporating environmental justice principles into how state agencies discharge their responsibilities.”

The Task Force recommended that the state legislature and agencies equitably distribute investments to ensure that resources are given to the most overburdened communities. Task Force also recommended that agencies increase contracting diversity by engaging and contracting with local organizations that are community-based and community-led.

By July 1, 2023, the Healthy Environment for All Act requires the departments of Agriculture, Commerce, Ecology, Health, Natural Resources, and Transportation and the Puget Sound Partnership to consider a broad scope of grants and contracting opportunities that effectuate environmental justice principles. The statute also requires those agencies to establish a goal of directing 40 percent of expenditures that create environmental benefits to vulnerable populations and overburdened communities.

WSDOE: The WSDOE prioritizes environmental justice in several of its grant programs. In its solicitation and evaluation process for Remedial Action Grants under the Toxics Cleanup Program, the WSDOE uses environmental justice factors to determine grant recipients. WSDOE also offers Public Participation Grants to individuals and non-profits in environmental justice communities for the investigation and remediation of contaminated sites.  WSDOE is also prioritizing using Volkswagen settlement funds for investments that maximize air pollution reductions and improve public health in “communities that have historically borne a disproportionate share of the air pollution burden in Washington.”

WSDNR: The Department of Natural Resources offers an Environmental Justice Grant through its Urban and Community Forestry Program to fund projects in environmental justice communities that will address community-identified urban forestry needs.

Environmental Justice Assessments: The Healthy Environment for All Act requires the departments of Agriculture, Commerce, Ecology, Health, Natural Resources, and Transportation and the Puget Sound Partnership, after July 1, 2023, to conduct environmental justice assessments for significant agency actions, including (1) significant legislative rule adoption, (2) development and adoption of new grant and loan programs, (3) capital projects, grants, or loan awards of at least $12 million and transportation projects, grans, or loans of at least $15 million, and (4) development of an agency’s request for legislation. The agencies must also identify additional significant actions that should be subject to environmental assessments by July 1, 2025. Based on the assessments, the agencies must seek to reduce or eliminate environmental harms and maximize benefits to overburdened communities and vulnerable populations and must consider nine specific mechanisms for reducing environmental impacts or distributing benefits.

Consideration of Cumulative Impacts

The legislature passed the Clean Energy Transformation Act (CETA) (overview here) in 2019, which addressed environmental justice by requiring equitable distribution of clean energy benefits and reduction of burdens to highly impacted communities. The law requires the Department of Health to conduct a cumulative impact analysis to identify communities highly impacted by fossil fuel pollution and climate change, building upon the work already done on the Washington Environmental Health Disparities Map. The law also directs utilities to include in their integrated resource plans an assessment of the benefits and reduction of burdens to vulnerable populations and highly impacted communities as well as public health and environmental benefits, costs, and risks. 

Washington’s HEAL Act also creates a consideration for cumulative impacts when creating environmental justice assessments. The environmental justice assessment must, “… Where applicable, use cumulative environmental health impact analysis, such as the environmental health disparities map or other data that considers the effects of a proposed action on overburdened communities and vulnerable populations.”

Prohibitions on Disparate Impact Discrimination

N/A

Established Environmental Rights

N/A

Environmental Justice as Part of Environmental Agency’s Mission

The Healthy Environment for All Act requires the departments of Agriculture, Commerce, Ecology, Health, Natural Resources, and Transportation and the Puget Sound Partnership to include an environmental justice implementation plan within the agencies’ strategic plans by January 1, 2023. The plans must include goals, actions, metrics, and methods to provide equitable access and ensure nondiscrimination. In addition, the agencies must incorporate environmental justice principles into decision making for budget development, expenditures, and granting or withholding benefits.  

WSDOE: As part of the law creating the WSDOE and assigning its duties, the legislature stated that it is “the policy of this state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a healthful and pleasant environment and to benefit from the proper development and use of its natural resources.” Currently, the WSDOE has environmental justice and equity as core elements of its strategic plan. 

Environmental Justice as Part of Other Agency’s Mission

WSDOH: The WSDOH commits to providing equal opportunities for all residents to live in healthy environments and to reduce health disparities related to environmental justice. 

Washington State Department of Commerce (WSDOC): The WSDOC is updating the State Energy Strategy to include a focus on improving the quality of life for overburdened communities and ensuring that they equitably benefit from the transition to clean energy. 

Washington State Department of Transportation (WSDOT): The WSDOT states that it incorporates environmental justice principles into its programs, policies, and activities to avoid, minimize, and mitigate disproportionately high and adverse effects on minority and low-income populations. 

Puget Sound Clean Air Agency: The Puget Sound Clean Air Agency includes environmental justice in its strategic plan and commits to reducing inequities in air pollution exposure. The agency prioritizes air pollution reductions for environmental justice communities.

Processes and Procedures (including Title VI)

Non-Discrimination Policy

A non-discrimination policy exists utalizing the federal non-discrimination requirements.

Grievance Procedures

WSDOE also has a Non-discrimination website that describes its federal non-discrimination requirements and includes an email address for a Civil Rights Compliance Team. (see below for contact).

Enhanced Public Participation and Information Access

The Healthy Environmental for All Act requires the departments of Agriculture, Commerce, Ecology, Health, Natural Resources, and Transportation and the Puget Sound Partnership to create and adopt community engagement plans by July 1, 2022. The plans must identify overburdened communities, describe planned engagement with overburdened communities and vulnerable populations, and include best practices and methods for such outreach.

In 2003, the governor issued Executive Order 05-03, requiring all state agencies to rewrite letters, forms, applications, instructions, and regulations in way that is understandable to the average citizen by following established “Plain Talk” principles already in use in the Department of Revenue, Labor, and Industries and the WSDOE.

WSDOT has a Community Engagement Plan whose purpose is to meet the needs of all populations affected by the project. It directs project managers to tailor outreach techniques to reach the environmental justice, low income, and LEP populations in the study area.

The Utilities and Transportation Commission regulations require utilities to encourage and include the participation of environmental justice advocates and representatives from highly impacted communities in the development of the utilities’ clean energy implementation plan.

Research done by the University of Washington Evans School of Public Policy & Governance for the WSDOE reveals, however, that many community engagement practices currently employed are cursory, come too late in the process, are poorly implemented, exclude large portions of the community, and include no follow-up or accountability.

Language Access

WSDOT has an LEP Plan that requires project managers to make every effort to provide translation or interpretation services prior to public hearings or project meetings; to pay for the translation of vital documents including summary newsletters, brochures, public notices for meetings, and summary documents for open houses or environmental meetings; and to provide information on how to request translation or an interpreter.

Consultation with Indigenous Communities and Tribal Nations

N/A

Governmental Environmental Justice Structures, Positions, and Funding Streams

Environmental Justice Coordinating Agency

WSDOE has an Office of Equity and Environmental Justice that leads agency strategy to reduce pollution and health disparities in communities most at risk.

In 2020, the legislature authorized the creation of a state Office of Equity, which is charged with developing and implementing a five-year equity plan for the state and assisting agencies in considering diversity, equity, and inclusion in programming, policy development, budgeting, and staffing. Although environmental justice is not specifically mentioned, the enacting law does provide for developing and strengthening policies and procedures that distribute and prioritize resources to historically marginalized peoples.

Environmental Justice Coordinator

The Environmental Justice Senior Advisor is Millie Piazza.

Environmental Justice Advisory Board

A temporary Environmental Justice Task Force was created under the auspices of the Governor’s Interagency Council on Health Disparities to recommend strategies for incorporating environmental justice principles into future state agency actions and produced its final report at the end of 2020. The Task Force issued their final report and stopped meeting. In response to the report, the Healthy Environment for All Act (E2SSB 5141), which took effect July 25, 2021, requires several state agencies, including the Washington State Department of Ecology (WSDOE) to integrate environmental justice into all aspects of the government.

The Healthy Environmental for All Act created an Environmental Justice Council to advise the departments of Agriculture, Commerce, Ecology, Health, Natural Resources, and Transportation and the Puget Sound Partnership on incorporating environmental justice into agency activities. The Council has 14 members appointed by the Governor: seven community representatives (including one youth representative); two tribal representatives; two environmental justice practitioners or academics; one business representative; one union representative, and one at large representative.

Funding for Environmental Justice

The governor’s legislative and budget proposals for the 2021-2023 biennium include environmental justice assessments for all climate-related investments and the creation of an environmental justice and Equity Advisory panel to analyze how climate investments impact communities most affected by climate change. Washington’s biennial budget for 2019-2021 appropriated a total of $390,000 for the Task Force “to recommend strategies for incorporating environmental justice principles into how state agencies discharge their responsibilities.”

The Task Force recommended that the state legislature and agencies equitably distribute investments to ensure that resources are given to the most overburdened communities. Task Force also recommended that agencies increase contracting diversity by engaging and contracting with local organizations that are community-based and community-led.

By July 1, 2023, the Healthy Environment for All Act requires the departments of Agriculture, Commerce, Ecology, Health, Natural Resources, and Transportation and the Puget Sound Partnership to consider a broad scope of grants and contracting opportunities that effectuate environmental justice principles. The statute also requires those agencies to establish a goal of directing 40 percent of expenditures that create environmental benefits to vulnerable populations and overburdened communities.

WSDOE: The WSDOE prioritizes environmental justice in several of its grant programs. In its solicitation and evaluation process for Remedial Action Grants under the Toxics Cleanup Program, the WSDOE uses environmental justice factors to determine grant recipients. WSDOE also offers Public Participation Grants to individuals and non-profits in environmental justice communities for the investigation and remediation of contaminated sites.  WSDOE is also prioritizing using Volkswagen settlement funds for investments that maximize air pollution reductions and improve public health in “communities that have historically borne a disproportionate share of the air pollution burden in Washington.”

WSDNR: The Department of Natural Resources offers an Environmental Justice Grant through its Urban and Community Forestry Program to fund projects in environmental justice communities that will address community-identified urban forestry needs.

Environmental Justice Assessments: The Healthy Environment for All Act requires the departments of Agriculture, Commerce, Ecology, Health, Natural Resources, and Transportation and the Puget Sound Partnership, after July 1, 2023, to conduct environmental justice assessments for significant agency actions, including (1) significant legislative rule adoption, (2) development and adoption of new grant and loan programs, (3) capital projects, grants, or loan awards of at least $12 million and transportation projects, grans, or loans of at least $15 million, and (4) development of an agency’s request for legislation. The agencies must also identify additional significant actions that should be subject to environmental assessments by July 1, 2025. Based on the assessments, the agencies must seek to reduce or eliminate environmental harms and maximize benefits to overburdened communities and vulnerable populations and must consider nine specific mechanisms for reducing environmental impacts or distributing benefits.

Tribal Consultation: The Healthy Environment for All Act also requires the departments of Agriculture, Commerce, Ecology, Health, Natural Resources, and Transportation and the Puget Sound Partnership to work with tribal government to develop a framework for consultation on environmental justice implementation plans, community engagement plans, and significant agency actions that affect federally recognized tribes’ rights and interests in their tribal lands. The Department of Health must also consult with tribes on the development of the Environmental Health Disparities Map.

Reparations: The Task Force recommended that the state government study reparations as a mechanism for addressing historical harms affecting overburdened communities. The report found the state should focus on unpaid debts from slavery, redlining, treaty violations, forced exclusion, and neighborhood segregation as well as the impact of systemic racism on 

Black, Indigenous, Latinx, and Asian communities. Reparations, the report found, could take the form of direct payments to communities and individuals, environmental cleanups, and increased investments in overburdened communities.

Emissions Reduction Units: Under Washington’s Clean Air rule regulating greenhouse gas emissions, an emission reduction unit is an accounting unit representing the emission reduction of one metric ton of CO2 equivalent. WSDOE may assign reserve ERUs to parties that advance environmental justice goals. WSDOE will convene an Environmental Justice Advisory Committee to award reserve ERUs to covered parties that facilitate emission reduction projects consistent with the environmental justice criteria determined by the committee.

Elise Rasmussen, Project Manager,Environmental Justice Task Force, 360-789-9287,  

Christy Curwick Hoff, Manager, Governor’s Interagency Council on Health Disparities, 360-236-4110,  

Millie Piazza, Environmental Justice Senior Advisor, Department of Ecology, 360-407-6177, 

Constitutional Provisions

N/A

Executive Orders

Exec. Order No.05-03.

Legislation and Statutes

Chapter 19.405 RCW Washington Clean Energy Transformation Act.
Chapter 19.280.030 RCW Clean Energy Action Plan.
Chapter 43.06D RCW Office of Equity.
Chapter 43.21A.010 RCW Legislative declaration of state policy on environment and utilization of natural resources.
Chapter 43.21C RCW State Environmental Policy Act.
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5141, effective July 25, 2021, available at http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/Senate/5141-S2.SL.pdf?q=20210611124742.

Regulations

Chapter 197-11 WAC (SEPA Rules).
Chapter 374-100 WAC (Pollution Liability Insurance Agency implementation of SEPA Rules).
Chapter 173-802 WAC (Department of Ecology implementation of SEPA Rules).
Chapter 173-442-240 WAC (Emissions Reduction Units).
Chapter 468-12 WAC (Department of Transportation implementation of SEPA Rules).
Chapter 480-11 WAC (Utilities and Transportation Commission implementation of SEPA Rules).
Chapter 16-236 WAC (Department of Agriculture implementation of SEPA Rules).
Chapter 220-600 WAC (Department of Fish and Wildlife implementation of SEPA Rules).
Chapter 296-07 WAC (Department of Labor and Industries implementation of SEPA Rules).
Chapter 323-12 WAC (Military Department implementation of SEPA Rules).
Chapter 332-41 WAC (Board and Department of Natural Resources implementation of SEPA Rules).
Chapter 344-18 WAC (Oil and Gas Conservation Committee implementation of SEPA Rules).
Chapter 352-11 WAC (Parks and Recreation Commission implementation of SEPA Rules).
Chapter 399-40 WAC (Department of Commerce, Public Works Board implementation of SEPA Rules).
Chapter 400-04 WAC (Puget Sound Partnership implementation of SEPA Rules).
Chapter 463-47 WAC (Energy Facility Site Evaluation Council implementation of SEPA Rules).
Chapter 480-100-655 WAC (Public participation in a clean energy implementation plan).

Policies/Guidance

Environmental Justice Task Force Final Report 

Department of Transportation Limited English Proficiency Accessibility Plan

Mapping Tools

Department of Health, Washington Tracking Network, https://fortress.wa.gov/doh/wtn/WTNIBL/.

Other

Charmi Ajmere, Katriana Dubytz, Evan Lih, Saba Rahman & Jenny Six, Embedding Environmental Justice into the Washington State Department of Ecology (June 2020), https://digital.lib.washington.edu/researchworks/bitstream/handle/1773/45590/Embedding%20Environmental%20Justice%20into%20the%20Washington%20State%20Department%20of%20Ecology.pdf?sequence=2&isAllowed=y.

Univ. of Wash. Dep’t of Envtl. & Occupational Health Sciences, Washington Environmental Health Disparities Map: Comparing Environmental Health Risk Factors Across Communities (2019), https://deohs.washington.edu/sites/default/files/images/Washington_Environmental_Health_Disparities_Map.pdf.