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Healthy Environment For All (HEAL) Act

Landmark Environmental Justice Policy in Washington

Where you live, your income, race, or language ability should not determine how healthy and safe you are. But tragically in our communities, health and well-being varies significantly according to who you are and where you live. People across Washington who are suffering worst from pollution—often people with lower incomes, communities of color, Indigenous peoples, and linguistically isolated folks—pay with their well-being and shortened lives.

In 2021, after years of hard work and dedicated community mobilization, we were able to celebrate the passage and signing of Senate Bill 5141: the Healthy Environment for All (HEAL) Act. The HEAL Act represents the collective expertise of our coalition and our direct connections to frontline communities in Washington State. The law is not just a tool our communities can use to create change, but also a unique model for community co-governance that we can look to as we accelerate a Just Transition toward climate and environmental justice. 

HEAL Progress Tracker and 2024 Frontline Report

The HEAL Act affirms that communities have fundamental rights to a healthy environment and that we have every right to use them. However, rights need to be properly articulated, resourced, and integrated into state agencies to be protected and exercised. The potential is tremendous, but real hurdles need to be addressed to ensure that the funding and effort on HEAL is focused on impact, and that everyone involved is aligned in purpose and values.

In the second edition of our HEAL Progress Report—the 2024 Frontline Report on HEAL Progress—we examine the state’s implementation of the HEAL Act three years after its passage. State agencies were assessed using the HEAL Spectrum—a rubric that was developed in conjunction with our Government Accountability Work Group and outlines the state’s journey toward exemplifying the spirit of the HEAL Act.

The progress tracker below condenses our assessments and indicates where each HEAL agency falls on the spectrum. As we monitor and assess HEAL implementation efforts in future editions of our Progress Report, we will update the progress tracker accordingly.

WSDA

Department of Agriculture

The Department of Agriculture (WSDA) provides
agricultural services, promotes agricultural products,
and upholds agricultural laws and regulations in the
state. WSDA can play a significant role in reducing
environmental health harms on communities across
Washington State, especially farmworkers and
communities living in close proximity to agricultural
operations. According to the Department of Ecology,
there are over 2,000 polluted waters in areas where
agriculture is the primary land use activity. Further,
the use of pesticides endangers the health of
farmworkers and the surrounding community by
polluting waters and the air. The department’s
jurisdiction over these sources of pollution present
opportunities for the agency to protect public and
environmental health to advance environmental
justice.

AGO

Office of the Attorney General

The Office of the Attorney General (AGO) provides
legal services including representation and advice to
state agencies and the people of Washington State.
AG Bob Ferguson launched the Environmental
Justice Initiative in 2020 and opted the agency into
implementing HEAL, establishing the
Environmental Protection Unit as a permanent
division of the agency. The Environmental
Protection Unit enforces environmental protection
laws through civil and criminal lawsuits and plays a
critical role in the state’s push for environmental
justice. As the only opt-in HEAL agency, the AGO is
still in the process of determining how HEAL’s
obligations and intent apply to their operations.

COM

Department of Commerce

The Department of Commerce (Commerce)
supports sustainable growth in communities across
the state. Energy, housing, economy, and local
government are some of the agency’s main areas of
focus. Commerce oversees numerous programs like
the federal Low-Income Home Energy Assistance
Program, weatherization assistance programs, the
Clean Energy Transformation Act, greenhouse gas
reduction programs, and others that have
environmental justice (EJ) implications. However, at
the time of writing this assessment, only the energy
staff at Commerce are engaged in EJ-related
activities. As an agency that oversees a large, diverse
portfolio of programs, including affordable housing
and the Growth Management Act, a significant level
of cross-department coordination, assessment, and
planning efforts are required in the initial phases of
EJ implementation. Despite this, Commerce is the
only HEAL agency to receive one-time funding for
HEAL implementation.

ECY

Department of Ecology

The Department of Ecology (ECY) works to preserve
and protect the environment by upholding policies
and regulations. ECY aims to ensure responsible use
of resources, pollution prevention, and cleanup of
environmental pollutants in our air, water, and land.
ECY is also charged with the implementation and
enforcement of the Climate Commitment Act, the
state’s cap-and-trade program that aims to reduce
greenhouse gas emissions by placing restrictions
and prices on industry emissions. The majority of
the agency’s work has environmental and associated
health impacts and therefore plays a key role in
advancing environmental justice (EJ). Recognizing
this, ECY has steadily integrated EJ considerations
into agency activities throughout the years.

DOH

Department of Health

The Department of Health (DOH) works to protect
and improve the health of people in Washington.
Environmental health is a cornerstone of their
transformational plan as they aim to ensure
“policies, planning, and programming incorporate
environmental justice [EJ] principles with the goal
of reducing health inequities and promoting
community well-being.” DOH staffs the EJ Council,
an advisory board of agency representatives,
community leaders, practitioners, and industry
representatives that provides guidance on statewide
implementation of the HEAL Act and EJ principles.
DOH also oversees the Washington Tracking
Network and the Environmental Health Disparities
Map, a tool that agencies rely on as the primary
mechanism to identify Overburdened Communities
and track environmental health disparities across
the state.

DNR

Department of Natural Resources

The Department of Natural Resources (DNR)
manages state lands and protects natural resources.
DNR manages seven trusts that generate revenue to
fund its work and oversees dozens of boards and
commissions across the state that develop policies,
advise the Commissioner for Public Lands, and
provide recommendations to the legislature and the
governor’s office. Agency activities such as wildfire
prevention and fighting, climate resilience, and
natural disaster planning all have significant
environmental justice implications that require
centering frontline communities to ensure that
those most impacted by environmental and climate
hazards are protected and fully involved in all
planning and decision-making spaces.

PSP

Puget Sound Partnership

The Puget Sound Partnership (PSP) is the state
agency dedicated to protecting and restoring Puget
Sound. The health of the Puget Sound greatly
impacts the well-being of communities located and
populations reliant on it. PSP coordinates the
region’s collective effort to recover Puget Sound by
bringing together hundreds of partners to mobilize
action and investments around a common agenda to
protect and restore Puget Sound. PSP also has
statutory authority to lead salmon recovery efforts in
Puget Sound, integrating the work of salmon
recovery with broader ecosystem restoration goals.
As the smallest HEAL agency, PSP has been able to
make more progress than other agencies in
implementing HEAL agency-wide, and at a faster
pace.

WSDOT

Department of Transportation

The Department of Transportation (WSDOT)
develops, operates, and maintains a multimodal
transportation system. This includes public transit,
roads and highways, sidewalks, and bike lanes.
Transportation is a major component of the
environmental justice movement, as it accounts for
39% of total greenhouse gas emissions in
Washington. WSDOT is therefore crucial in
increasing access to safe, active transportation and
public transit to reduce reliance on personal, gas-
powered vehicles and better connect communities. A
Just Transition cannot be achieved without active
participation by WSDOT.

WSDA

Department of Agriculture

The Department of Agriculture (WSDA) provides
agricultural services, promotes agricultural products,
and upholds agricultural laws and regulations in the
state. WSDA can play a significant role in reducing
environmental health harms on communities across
Washington State, especially farmworkers and
communities living in close proximity to agricultural
operations. According to the Department of Ecology,
there are over 2,000 polluted waters in areas where
agriculture is the primary land use activity. Further,
the use of pesticides endangers the health of
farmworkers and the surrounding community by
polluting waters and the air. The department’s
jurisdiction over these sources of pollution present
opportunities for the agency to protect public and
environmental health to advance environmental
justice.

AGO

Office of the Attorney General

The Office of the Attorney General (AGO) provides
legal services including representation and advice to
state agencies and the people of Washington State.
AG Bob Ferguson launched the Environmental
Justice Initiative in 2020 and opted the agency into
implementing HEAL, establishing the
Environmental Protection Unit as a permanent
division of the agency. The Environmental
Protection Unit enforces environmental protection
laws through civil and criminal lawsuits and plays a
critical role in the state’s push for environmental
justice. As the only opt-in HEAL agency, the AGO is
still in the process of determining how HEAL’s
obligations and intent apply to their operations.

COM

Department of Commerce

The Department of Commerce (Commerce)
supports sustainable growth in communities across
the state. Energy, housing, economy, and local
government are some of the agency’s main areas of
focus. Commerce oversees numerous programs like
the federal Low-Income Home Energy Assistance
Program, weatherization assistance programs, the
Clean Energy Transformation Act, greenhouse gas
reduction programs, and others that have
environmental justice (EJ) implications. However, at
the time of writing this assessment, only the energy
staff at Commerce are engaged in EJ-related
activities. As an agency that oversees a large, diverse
portfolio of programs, including affordable housing
and the Growth Management Act, a significant level
of cross-department coordination, assessment, and
planning efforts are required in the initial phases of
EJ implementation. Despite this, Commerce is the
only HEAL agency to receive one-time funding for
HEAL implementation.

ECY

Department of Ecology

The Department of Ecology (ECY) works to preserve
and protect the environment by upholding policies
and regulations. ECY aims to ensure responsible use
of resources, pollution prevention, and cleanup of
environmental pollutants in our air, water, and land.
ECY is also charged with the implementation and
enforcement of the Climate Commitment Act, the
state’s cap-and-trade program that aims to reduce
greenhouse gas emissions by placing restrictions
and prices on industry emissions. The majority of
the agency’s work has environmental and associated
health impacts and therefore plays a key role in
advancing environmental justice (EJ). Recognizing
this, ECY has steadily integrated EJ considerations
into agency activities throughout the years.

DOH

Department of Health

The Department of Health (DOH) works to protect
and improve the health of people in Washington.
Environmental health is a cornerstone of their
transformational plan as they aim to ensure
“policies, planning, and programming incorporate
environmental justice [EJ] principles with the goal
of reducing health inequities and promoting
community well-being.” DOH staffs the EJ Council,
an advisory board of agency representatives,
community leaders, practitioners, and industry
representatives that provides guidance on statewide
implementation of the HEAL Act and EJ principles.
DOH also oversees the Washington Tracking
Network and the Environmental Health Disparities
Map, a tool that agencies rely on as the primary
mechanism to identify Overburdened Communities
and track environmental health disparities across
the state.

DNR

Department of Natural Resources

The Department of Natural Resources (DNR)
manages state lands and protects natural resources.
DNR manages seven trusts that generate revenue to
fund its work and oversees dozens of boards and
commissions across the state that develop policies,
advise the Commissioner for Public Lands, and
provide recommendations to the legislature and the
governor’s office. Agency activities such as wildfire
prevention and fighting, climate resilience, and
natural disaster planning all have significant
environmental justice implications that require
centering frontline communities to ensure that
those most impacted by environmental and climate
hazards are protected and fully involved in all
planning and decision-making spaces.

PSP

Puget Sound Partnership

The Puget Sound Partnership (PSP) is the state
agency dedicated to protecting and restoring Puget
Sound. The health of the Puget Sound greatly
impacts the well-being of communities located and
populations reliant on it. PSP coordinates the
region’s collective effort to recover Puget Sound by
bringing together hundreds of partners to mobilize
action and investments around a common agenda to
protect and restore Puget Sound. PSP also has
statutory authority to lead salmon recovery efforts in
Puget Sound, integrating the work of salmon
recovery with broader ecosystem restoration goals.
As the smallest HEAL agency, PSP has been able to
make more progress than other agencies in
implementing HEAL agency-wide, and at a faster
pace.

WSDOT

Department of Transportation

The Department of Transportation (WSDOT)
develops, operates, and maintains a multimodal
transportation system. This includes public transit,
roads and highways, sidewalks, and bike lanes.
Transportation is a major component of the
environmental justice movement, as it accounts for
39% of total greenhouse gas emissions in
Washington. WSDOT is therefore crucial in
increasing access to safe, active transportation and
public transit to reduce reliance on personal, gas-
powered vehicles and better connect communities. A
Just Transition cannot be achieved without active
participation by WSDOT.

Our 2024 Frontline Report on HEAL Progress is live!

Our 2024 Frontline Report is now available for download—check it out to read our full analysis on HEAL Act progress!

Report Preview:

Key Findings

Key Recommendations

Progress Report Briefing and Resources

Thank you to everybody who attended our community briefing on HEAL Act progress! Attendance at our virtual policy briefings continues to trend upward and we can’t thank you enough for your interest and enthusiasm.

If you missed our briefing featuring two key members of our statewide coalition, you can watch the video recording here. You can also follow along with the slide deck we used during the briefing, and read answers to questions we weren’t able to answer during the hour. You can also ground yourself in HEAL implementation by reading our very first HEAL Progress Report from 2023.

Key Elements of the HEAL Act

  1. Defines environmental justice (EJ) in state law and requires its application; uses a racial justice lens in agency strategic plans, goals, metric setting, program implementation, enforcement, and reporting that affects the environment.
  2. Directs funding with environmental benefits toward investments in and determined by communities highly impacted by pollution or climate impacts.
  3. Ensure Tribal sovereignty and rights as part of environmental justice.
  4. Advances equitable community participation in planning, resource allocation, programs, and enforcement. This includes agency community engagement planning, screening tools like the Washington Environmental Health Disparities (EHD) Map, reducing barriers to contracting with community-based organizations, and consultation with Tribes.
  5. Creates and funds an EJ Council that will support integrating EJ into state government, report progress to the governor, and establish the Office of the EJ Advocate to ensure agencies comply with the obligations of the HEAL Act.
  6. Requires an EJ assessment of proposed and historic environment bills, rulemakings, and budgets using the EHD Map and other tools.
  7. Funds and applies the EHD Map to identify cumulative impacts and overburdened communities and develop additional tools to measure the link between environmental quality and human health, disaggregated by race.

Community Representation: HEAL Work Group

Front and Centered’s HEAL work group is comprised of staff and community members who represent some of our coalition’s member organizations. Work group members give our coalition guidance on HEAL Act implementation and contributed to our latest progress report, including its findings and recommendations:

Maria Batayola
Environmental Justice Coordinator, El Centro De La Raza

Johnny Buck
Wise Action Program Director, Na’ah Illahee Fund

Faduma Fido
Lab Leader, People’s Economy Lab

Edgar Franks
Political Director, Familias Unidas por la Justicia

Rosalinda Guillen
Executive Director, Community to Community

Sedonia Young
Organizational Fund Developer, Tacoma Ministerial Alliance

Community Representation: Environmental Justice Council

Appointed by the governor, Washington’s EJ Council is another venue where frontline communities can have a voice. Seven of the fifteen council members serve as community representatives, including several who are also members of or staff to the Front and Centered coalition:

Four additional council members are appointed by Tribal governments to serve as representatives of Tribal communities. Dr. Esther Min, who is part of Front and Centered’s coordination team, also serves on the EJ Council as an academic practitioner and environmental justice expert.

“We know a Just Transition won’t come easy. White supremacy and the “dig, dump, burn” consumer economy are still a reality for all of us to navigate. Government was not set up to change the systems, but to operate them, and change takes time and can be frustrating. But we believe we can persevere through these obstacles and make change if we work together.” 

— Mariel Thuraisingham, Clean Energy Policy Lead

Learn More about the HEAL Act with Just Solutions

We were on the Just Solutions Podcast talking about all things HEAL! Tune in to this thirty-minute discussion to hear Deric, our Co-executive Director, and Guillermo, our Legislative and Government Relations Advocate, go over the policy and community impacts of this landmark legislation, including the ways in which our work can provide lessons and insights for replication across the nation.

Check out the Just Solutions Podcast on Spotify or Apple Podcasts.

Apply now:
HEAL Community! Fund

We are excited to announce that Front and Centered has secured funds to shape implementation of the Healthy Environment for All (HEAL) Act and create the HEAL Community! Fund.

The legislature allocated these funds in 2021 thanks to the mobilization and determination of our coalition members and frontline communities, and they were awarded through the Department of Health. We are granting them to community-based organizations around Washington State.

Watch the video to learn who is eligible for grants through the fund, and then use the links below to find detailed information and start your application!

Endorsements

Complete this form to endorse the HEAL Act of 2021 and join our campaign listserv for email updates. Your participation is meaningful and strengthens our campaign to allow everyone in Washington to live in a healthy and safe environment no matter who they are, what language they speak, or how much money they have. Thank you!

  • 350 Bellingham
  • 350 Everett, WA
  • 350 Seattle
  • 350 Spokane Climate Change
  • 350 Washington Network
  • Climate Alliance
  • Climate Reality Project – Washington State Coalition
  • Tacoma NAACP
  • South Seattle Climate Action Network
  • Sunrise SWWA
  • Transportation Choices Coalition
  • Prospect Congregational United Church of Christ
  • Seattle Foundation
  • Collaborative Solutions, Inc.
  • Surge Reproductive Justice
  • Molecule LLC

VIDEOS