This bill adds environmental justice as an element of the environment in WAC 197-11-444 and as a component of the environmental checklist in WAC 197-11-960 by creating new sections in chapter 43.21C RCW. It requires the Department of Ecology to adopt rules to implement that addition and to identify mitigation guidance for potential adverse environmental impacts to environmental justice, which may include best management practices. Once Ecology adopts those rules, lead agencies must consider environmental justice consistent with other elements of the environment under WAC 197-11-444. The bill is a procedural change to existing environmental review law rather than the creation of a criminal offense or a penalties change. It states that the new obligations for lead agencies are in addition to, and do not limit or amend, obligations of covered agencies under chapter 70A.02 RCW. A covered agency under chapter 70A.02 RCW may adopt an environmental justice assessment prepared under that chapter, or apply other analyses under that chapter, to satisfy the new section’s requirements if those assessments or analyses are sufficient. The bill defines “environmental justice” by reference to RCW 70A.02.010. Affected entities identified include the Department of Ecology, lead agencies implementing chapter 43.21C RCW, and covered agencies under chapter 70A.02 RCW. The bill was read first time in the House on 02/28/25 and contains a funding contingency: if specific funding for the act is not provided in the omnibus appropriations act by June 30, 2025, the act is null and void. The provided text does not specify the act’s effective date, the deadline for Ecology to adopt rules, the detailed content or scope of the required mitigation guidance, precise definitions of “lead agency” or “covered agency” within this bill, or the amount and source of the specific funding referenced.

If enacted, the Department of Ecology must write rules adding environmental justice to the checklist used in environmental reviews and produce guidance on how to mitigate harms, which will mean Ecology needs staff time and resources for rulemaking and guidance development. Agencies that serve as lead reviewers under the state environmental review law will have to consider environmental justice in the same way they consider other environmental factors, likely increasing the scope of their reviews and possibly leading to new mitigation measures and costs, though agencies already covered by chapter 70A.02 can use their existing environmental justice assessments to meet the new requirement and avoid duplicate work. There is a clear funding risk: the law only takes effect if specific funding for it is included in the omnibus appropriations by June 30, 2025, otherwise the act is null and void. Key implementation details are missing from the text provided — for example, exact timelines for rule adoption, the definition of lead or covered agencies here, the content and scale of the mitigation guidance, and how much funding is needed — so when and how fully these changes will play out is uncertain.