Environmental Justice | DOH

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The passage Healthy Environment for All Act (HEAL)This historic step towards eliminating environmental and health disparities in communities of color and low-income households is being taken in 2021. It is the first Washington state law to establish a coordinated state agency approach for environmental justice.

The law covers seven state agencies: Washington State Department of Health (DOH); and the state departments of Agriculture, Commerce, Ecology, Natural Resources and Transportation. Other agencies can opt in. The HEAL Act expands on and implements certain key recommendations made by the Environmental Justice Task Force. Some key elements include:

Include environmental justice in agency work, including developing community engagement plans and tribal consultation frameworks and incorporating environmental justice into agency strategy plans. Conducting environmental justice assessments for certain important actions.
Promoting equitable sharing of environmental benefits, and investing in communities that have suffered the most severe environmental and health impacts. Agencies should direct their spending towards creating environmental benefits that benefit vulnerable populations and communities most in need. The law establishes a goal of 40% spending to these communities.
Providing a voice and centering environmental justice. The law creates an environment justice council to advise and an interagency group to coordinate among agencies.
Supporting evaluation tools. The law requires that the Department of Health maintains the Environmental Health Disparities map to track and evaluate environmental health disparities. Environmental justice implementation must be monitored by the council and agencies.

Defining Environmental Justice

The law defines Washington in a clear manner, building on the Environmental Protection Agency definition of environmental justice.

Environmental justice is the equal treatment of all people, regardless of race, color or income, in the development, enforcement, and enforcement environmental laws, rules, policies, and regulations. Environmental justice refers to addressing environmental health impacts that are disproportionate in all laws, rules and policies with environmental effects. This includes prioritizing vulnerable communities and overburdened communities, equitable distribution of resources, and eradicating harm.

This Video explains the unintended consequences of environmental burdensfor people with low incomes, and people of colour. For more information, please visit the Environmental Justice Website by the EPA.

Environmental Justice Council

The law also creates the Environmental Justice Council to provide guidance and recommendations to the state, as well as an Interagency Workgroup for technical coordination among state agencies.

Agency Coordination and Requirements

This law sets standards for practice and encourages coordination and acceleration of work. DOH must convene an interagency group to support work of Environmental Justice Council and to ensure coordination among agencies.

Agencies are required:

Create and implement a plan for community engagement.
Establish and implement a framework for tribal consultation.
Incorporate environmental justice within agency strategic plans.
Incorporate environmental justice into budget planning and funding decisions.
Perform environmental justice assessments for significant agency actions
Create metrics, measure progress, then report it to the Environmental Justice Council or Office of Financial Management.
As non-voting members of the Environmental Justice Council, serve as liaisons and take part in an interagency task group.

Environmental Justice Assessments

The law requires that covered agencies conduct environmental justice assessment when making decisions about supporting or informing overburdened communities or vulnerable populations. Assessments are designed to help agencies understand disproportionate impacts, distribute environmental benefits fairly, reduce environmental harms, and address environmental and health disparities. This assessment should not delay the completion of the action.

These assessments will begin on July 1, 2023

Developing agency rules (also known to be called significant legislative regulations).
Adoption or development of new loan or grant programs.
Designing or awarding capital grants, loans, or grants of more than $12 million.
Designing and awarding transportation projects, grants, or loans in excess of $15 million.
Legislation requested by developing agency

Role of Washington Tracking Network

Washington Tracking Network is a DOH program that makes public health data easier to access. This data includes our Environmental Health Disparities (EHD) mapInteractive mapping tool that compares communities in the state for environmental health disparities. It also provides insight into where public investments should be prioritized. The EHD map has been identified as a resource for agency decision-making. DOH must maintain and grow the map. The law also requires that the Washington State Institute for Public Policy conduct a technical review.

WTN will be:

Add functionality to track environmental health disparities as they change over time.
Continue to develop the EHD Map by engaging communities, researchers, as well as other stakeholders.
Every three years, conduct a thorough assessment of the map to ensure that the most recent modeling and methods have been used.
Online video training is available on how to use EHD maps.
Assistance and consultation for agencies regarding the use of the EHD map.

Timeline

These are some of the milestones that are required:

January 1, 2022: The Environmental Justice Council convenes at the Department of Health.
July 1, 2022 – Agencies develop Community Engagement Plans.
September 1, 2022 – Agencies begin to submit annual reports for Environmental Justice Council.
November 1, 2022 – The EHD map is reviewed by the Washington State Institute for Public Policy.
2022 – Agencies create tribal consultation frameworks in coordination and cooperation with tribal governments.
January 1, 2023 – Agencies integrate implementation plans into agency strategic planning.
July 1, 2023 – Agencies publish budgeting for environmental justice principles and begin conducting environmental justice assessment.
November 30, 2023 – Council submits final report for governor and legislature.
September 1, 2024 – Agencies publish dashboard reports.
2024 – The Department of Ecology reports summary auctions reports per calendar year to council.
July 1, 2025 – Agencies define additional significant agency actions.
December 1, 2027 – The Department of Ecology begins reporting to the council about the implementation of Climate Commitment Act.

Please Note: Climate Commitment Act(CCA), which requires the Environmental Justice Council, to provide advice on several elements of climate program implementation and receive reports on certain aspects thereof. As more information becomes available, this timeline will be updated.