Washington 2021-2022 Regular Session Status: Enacted 18 D cosponsors

HB 1663 — Reducing methane emissions from landfills.

Last action — Prefiled for introduction.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2022. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 19 sponsors

    1 primary, 18 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (18 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

673 added · 657 removed

Plain-language change summary

In the recent updates to Bill HB 1663, a new definition for "active limited purpose landfill" was added, which specifies that these landfills are currently accepting waste and haven't been closed according to specific state regulations. Additionally, the previous definition for "ambient air" and several other terms were removed from the bill. These changes clarify what types of landfills the legislation is addressing and narrow the focus, which is important for ensuring effective environmental management and regulation.

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H-2239.1 SUBSTITUTE HOUSE BILL 1663 State of Washington 67th Legislature 2022 Regular Session By House Environment & Energy (originally sponsored by Representatives Duerr, Fitzgibbon, Ryu, Berry, Leavitt, Ramel, Thai, Walen, Valdez, Goodman, Gregerson, Macri, Peterson, Slatter, Tharinger, Kloba, Pollet, Harris-Talley, and Hackney) READ FIRST TIME 01/24/22.
H-1833.2 HOUSE BILL 1663 State of Washington 67th Legislature 2022 Regular Session By Representatives Duerr, Fitzgibbon, Ryu, Berry, Leavitt, Ramel, Thai, Walen, Valdez, Goodman, Gregerson, Macri, Peterson, Slatter, Tharinger, Kloba, Pollet, Harris-Talley, and Hackney Prefiled 12/17/21.
Read first time 01/10/22.
Referred to Committee on Environment & Energy.
(1) "Active municipal solid waste landfill" means a municipal solid waste landfill that has accepted or is accepting solid waste for disposal and has not been closed in accordance with the requirements set forth in WAC 173-351-500 as it existed on January 10, 2022.
(1) "Active limited purpose landfill" means a limited purpose landfill that has accepted or is accepting solid waste for disposal and has not been closed in accordance with the requirements set forth in chapter 173-350 WAC as those requirements existed on January 10, 2022.
(2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property.
(2) "Active municipal solid waste landfill" means a municipal solid waste landfill that has accepted or is accepting solid waste for disposal and has not been closed in accordance with the requirements set forth in WAC 173-351-500 as it existed on January 10, 2022.
(3) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which p.
1 HB 1663 unreasonably interfere with enjoyment of life and property.
(3) "Ambient air" means the surrounding outside air.
(4) "Ambient air" means the surrounding outside air.
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(5) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
1 SHB 1663 (4) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
(6) "Closed limited purpose landfill" means a limited purpose landfill that is no longer accepting solid waste for disposal and has been closed in accordance with the requirements set forth in chapter 173-350 WAC as those requirements existed on January 10, 2022.
(5) "Closed municipal solid waste landfill" means a municipal solid waste landfill that is no longer accepting solid waste for disposal and has been closed in accordance with the requirements set forth in WAC 173-351-500 as it existed on January 10, 2022.
(7) "Closed municipal solid waste landfill" means a municipal solid waste landfill that is no longer accepting solid waste for disposal and has been closed in accordance with the requirements set forth in WAC 173-351-500 as it existed on January 10, 2022.
(6) "Department" means the department of ecology.
(8) "Department" means the department of ecology.
(7) "Emission" means a release of air contaminants into the ambient air.
(9) "Emission" means a release of air contaminants into the ambient air.
(8) "Gas collection system" means any system that employs various gas collection wells and connected piping, and mechanical blowers, fans, pumps, or compressors to create a pressure gradient and actively extract landfill gas.
(10) "Gas collection system" means any system that employs various gas collection wells and connected piping, and mechanical blowers, fans, pumps, or compressors to create a pressure gradient and actively extract landfill gas.
(9) "Gas control device" means any device used to dispose of or treat collected landfill gas including, but not limited to, enclosed flares, internal combustion engines, boilers and boiler-to-steam turbine systems, fuel cells, and gas turbines.
(11) "Gas control device" means any device used to dispose of or treat collected landfill gas including, but not limited to, enclosed flares, internal combustion engines, boilers and boiler-to-steam turbine systems, fuel cells, and gas turbines.
(10) "Gas control system" means any system that disposes of or treats collected landfill gas by one or more of the following means:
(12) "Gas control system" means any system that disposes of or treats collected landfill gas by one or more of the following means:
(11) "Municipal solid waste landfill" means a discrete area of land or an excavation that receives household waste and that is not a land application site, surface impoundment, injection well, or pile.
(13) "Limited purpose landfill" means a landfill that is not an inert waste landfill and receives or has received only solid wastes that are designated as nonhazardous and that are not municipal solid wastes.
(12) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
(14) "Municipal solid waste landfill" means a discrete area of land or an excavation that receives household waste and that is not a land application site, surface impoundment, injection well, or pile.
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2 HB 1663 (15) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
(1) This chapter applies to all municipal solid waste landfills that received solid waste after January 1, 1977, except as provided in subsection (2) of this section.
(1) This chapter applies to all municipal solid waste landfills and limited purpose landfills that received solid waste after January 1, 1977, except as provided in subsection (2) of this section.
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(3) The department must adopt rules to implement this chapter.
2 SHB 1663 (3) The department must adopt rules to implement this chapter.
(1) Each owner or operator of an active municipal solid waste landfill having fewer than 450,000 tons of waste in place must submit an annual waste in place report to the department or local authority pursuant to section 7 of this act.
(1) Each owner or operator of an active municipal solid waste landfill or limited purpose landfill having fewer than 450,000 tons of waste in place must submit an annual waste in place report to the department or local authority pursuant to section 7 of this act.
(i) The municipal solid waste landfill reaches a size greater than or equal to 450,000 tons of waste in place;
(i) The municipal solid waste landfill or limited purpose landfill reaches a size greater than or equal to 450,000 tons of waste in place;
(2) Each owner or operator of a municipal solid waste landfill having greater than or equal to 450,000 tons of waste in place must calculate the landfill gas heat input capacity pursuant to section 8 of this act and the department's implementing rules and must submit a landfill gas heat input capacity report to the department or local authority.
(2) Each owner or operator of a municipal solid waste landfill or limited purpose landfill having greater than or equal to 450,000 tons of waste in place must calculate the landfill gas heat input capacity p.
3 HB 1663 pursuant to section 8 of this act and the department's implementing rules and must submit a landfill gas heat input capacity report to the department or local authority.
or p.
or (B) If the municipal solid waste landfill or limited purpose landfill is active, the owner or operator submits a closure notification pursuant to section 7 of this act.
3 SHB 1663 (B) If the municipal solid waste landfill is active, the owner or operator submits a closure notification pursuant to section 7 of this act.
(A) If there is any measured concentration of methane of 200 parts per million by volume or greater from the surface of an active, inactive, or closed municipal solid waste landfill, comply with this chapter and the department's implementing rules adopted pursuant to section 2 of this act;
(A) If there is any measured concentration of methane of 200 parts per million by volume or greater from the surface of an active, inactive, or closed municipal solid waste landfill or limited purpose landfill, comply with this chapter and the department's implementing rules adopted pursuant to section 2 of this act;
(B) If there is no measured concentration of methane of 200 parts per million by volume or greater from the surface of an active municipal solid waste landfill, recalculate the landfill gas heat input capacity annually as required in (a) of this subsection until such time that the owner or operator submits a closure notification pursuant to section 7 of this act and the department's implementing rules adopted pursuant to section 2 of this act;
(B) If there is no measured concentration of methane of 200 parts per million by volume or greater from the surface of an active municipal solid waste landfill or limited purpose landfill, recalculate the landfill gas heat input capacity annually as required in (a) of this subsection until such time that the owner or operator p.
or (C) If there is no measured concentration of methane of 200 parts per million by volume or greater from the surface of a closed or inactive municipal solid waste landfill, the requirements of this chapter and the department's implementing rules adopted pursuant to section 2 of this act no longer apply, provided that the following information is submitted to and approved by the department or local authority:
4 HB 1663 submits a closure notification pursuant to section 7 of this act and the department's implementing rules adopted pursuant to section 2 of this act;
or (C) If there is no measured concentration of methane of 200 parts per million by volume or greater from the surface of a closed or inactive municipal solid waste landfill or limited purpose landfill, the requirements of this chapter and the department's implementing rules adopted pursuant to section 2 of this act no longer apply, provided that the following information is submitted to and approved by the department or local authority:
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NEW SECTION.
4 SHB 1663 NEW SECTION.
(1) The owner or operator of any municipal solid waste landfill that has a calculated landfill gas heat input capacity greater than or equal to 3,000,000 British thermal units per hour recovered must install a gas collection and control system that meets the requirements of this section and the department's implementing rules adopted pursuant to section 2 of this act, unless the owner or operator demonstrates to the satisfaction of the department or local authority that after four consecutive quarterly monitoring periods there is no measured concentration of methane of 200 parts per million by volume or greater using the instantaneous surface monitoring procedures specified in section 8 of this act and the department's implementing rules adopted pursuant to section 2 of this act.
(1) The owner or operator of any municipal solid waste landfill or limited purpose landfill that has a calculated landfill gas heat input capacity greater than or equal to 3,000,000 British thermal units per hour recovered must install a gas collection and control system that meets the requirements of this section and the department's implementing rules adopted pursuant to section 2 of this act, unless the owner or operator demonstrates to the satisfaction of the department or local authority that after four consecutive quarterly monitoring periods there is no measured concentration of methane of 200 parts per million by volume or greater using the instantaneous surface monitoring procedures specified in section 8 of this act and the department's implementing rules adopted pursuant to section 2 of this act.
The owner or operator of a municipal solid waste landfill may partner with a third party to operate all or a portion of the gas collection and control system, but the obligation to comply with the requirements of this chapter, and the liability for civil penalties issued pursuant to this chapter, remain the responsibility of the owner or operator of the municipal solid waste landfill.
(2) The gas collection and control system must handle the expected gas generation flow rate from the entire area of the municipal solid waste landfill or limited purpose landfill and must collect gas at an extraction rate to comply with the surface methane emission limits set forth in section 5 of this act and the department's implementing rules.
(2) The gas collection and control system must handle the expected gas generation flow rate from the entire area of the municipal solid waste landfill and must collect gas at an extraction rate to comply with the surface methane emission limits set forth in section 5 of this act and the department's implementing rules.
(4) The gas collection and control system, if it uses a flare, must achieve a methane destruction efficiency of at least 99 percent by weight and must use either an enclosed flare or, if the system uses an open flare, the open flare must comply with the following requirements:
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5 HB 1663 (4) The gas collection and control system, if it uses a flare, must use either an enclosed flare or, if the system uses an open flare, the open flare must comply with the following requirements:
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(b) An open flare installed and operating prior to August 1, 2022, may operate until January 1, 2032, unless the owner or operator demonstrates to the satisfaction of the department or local authority that the landfill gas heat input capacity is less than 3,000,000 British thermal units per hour pursuant to section 8 of this act and the department's implementing rules adopted pursuant to section 2 of p.
(b) An open flare installed and operating prior to August 1, 2022, may operate until January 1, 2032, unless the owner or operator demonstrates to the satisfaction of the department or local authority that the landfill gas heat input capacity is less than 3,000,000 British thermal units per hour pursuant to section 8 of this act and the department's implementing rules adopted pursuant to section 2 of this act and is insufficient to support the continuous operation of an enclosed flare or other gas control device;
5 SHB 1663 this act and is insufficient to support the continuous operation of an enclosed flare or other gas control device;
(a) The device or devices must achieve a methane destruction efficiency of at least 97 percent by weight;
(a) The device or devices must achieve a methane destruction efficiency of at least 99 percent by weight;
(7) The owner or operator of a municipal solid waste landfill must conduct an annual source test for any gas control device or devices subject to this section using the test methods identified in section 8 of this act and the department's implementing rules adopted pursuant to section 2 of this act .
(7) The owner or operator of a municipal solid waste landfill or limited purpose landfill must conduct an annual source test for any gas control device or devices subject to this section using the test methods identified in section 8 of this act and the department's implementing rules adopted pursuant to section 2 of this act.
NEW SECTION.
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6 HB 1663 NEW SECTION.
(1) Except as provided in section 4 of this act, beginning January 1st of the year following the year in which the department adopts rules to implement this chapter, or upon commencing operation of a newly installed gas collection and control system or modification of an existing gas collection and control system pursuant to section 4 of this act, whichever is later, no location on a municipal solid waste landfill surface may exceed either of the following methane concentration limits:
(1) Except as provided in section 4 of this act, beginning January 1st of the year following the year in which the department adopts rules to implement this chapter, or upon commencing operation of a newly installed gas collection and control system or modification of an existing gas collection and control system pursuant to section 4 of this act, whichever is later, no location on a municipal solid waste landfill surface or limited purpose landfill surface may exceed either of the following methane concentration limits:
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(a) Five hundred parts per million by volume, other than nonrepeatable, momentary readings, as determined by instantaneous surface emissions monitoring;
6 SHB 1663 (a) Five hundred parts per million by volume, other than nonrepeatable, momentary readings, as determined by instantaneous surface emissions monitoring;
(c) Areas of the landfill surface where the landfill cover material has been removed for law enforcement activities requiring excavation;
or (c) Areas of the landfill surface where the landfill cover material has been removed for law enforcement activities requiring excavation.
or (d) Areas of the landfill in which the landfill owner or operator, or a designee of the owner or operator, is engaged in active mining for minerals or metals.
(1) The owner or operator of a municipal solid waste landfill with a gas collection and control system must conduct instantaneous and integrated surface monitoring of the landfill surface according to the requirements specified in implementing rules adopted by the department pursuant to section 2 of this act.
(1) The owner or operator of a municipal solid waste landfill or limited purpose landfill with a gas collection and control system must conduct instantaneous and integrated surface monitoring of the landfill surface according to the requirements specified in implementing rules adopted by the department pursuant to section 2 of this act.
(2) The owner or operator of a municipal solid waste landfill with a gas collection and control system must monitor the gas control system according to the requirements specified in implementing rules adopted by the department pursuant to section 2 of this act.
(2) The owner or operator of a municipal solid waste landfill or limited purpose landfill with a gas collection and control system must monitor the gas control system according to the requirements specified in implementing rules adopted by the department pursuant to section 2 of this act.
(3) The owner or operator of a municipal solid waste landfill with a gas collection and control system must monitor each individual wellhead to determine the gauge pressure according to the requirements specified in implementing rules adopted by the department pursuant to section 2 of this act.
(3) The owner or operator of a municipal solid waste landfill or limited purpose landfill with a gas collection and control system p.
7 HB 1663 must monitor each individual wellhead to determine the gauge pressure according to the requirements specified in implementing rules adopted by the department pursuant to section 2 of this act.
(1) The owner or operator of a municipal solid waste landfill must maintain records and prepare reports as p.
(1) The owner or operator of a municipal solid waste landfill or limited purpose landfill must maintain records and prepare reports as prescribed in this section and in the department's implementing rules adopted pursuant to section 2 of this act.
7 SHB 1663 prescribed in this section and in the department's implementing rules adopted pursuant to section 2 of this act.
(2) The owner or operator of a municipal solid waste landfill or limited purpose landfill must maintain records related to monitoring, testing, landfill operations, and the operation of the gas control device, gas collection system, and gas control system.
(2) The owner or operator of a municipal solid waste landfill must maintain records related to monitoring, testing, landfill operations, and the operation of the gas control device, gas collection system, and gas control system.
(3) The owner or operator of a municipal solid waste landfill that ceases to accept waste must submit a closure notification to the department or local authority within 30 days of ceasing to accept waste.
(3) The owner or operator of a municipal solid waste landfill or limited purpose landfill that ceases to accept waste must submit a closure notification to the department or local authority within 30 days of ceasing to accept waste.
(4) The owner or operator of a municipal solid waste landfill must submit a gas collection and control system equipment removal report to the department or local authority 30 days prior to well capping or the removal or cessation of operation of the gas collection, treatment, or control system equipment.
(4) The owner or operator of a municipal solid waste landfill or limited purpose landfill must submit a gas collection and control system equipment removal report to the department or local authority 30 days prior to well capping or the removal or cessation of operation of the gas collection, treatment, or control system equipment.
(5) The owner or operator of a municipal solid waste landfill with 450,000 or more tons of waste in place must prepare an annual report for the period of January 1st through December 31st of each year.
(5) The owner or operator of a municipal solid waste landfill or limited purpose landfill with 450,000 or more tons of waste in place must prepare an annual report for the period of January 1st through December 31st of each year.
(6) The owner or operator of a municipal solid waste landfill with fewer than 450,000 tons of waste in place must submit a waste in place report to the department or local authority.
(6) The owner or operator of a municipal solid waste landfill or limited purpose landfill with fewer than 450,000 tons of waste in place must submit a waste in place report to the department or local authority.
NEW SECTION.
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8 HB 1663 NEW SECTION.
(3) The owner or operator of a municipal solid waste landfill must measure the landfill surface concentration of methane using a p.
(3) The owner or operator of a municipal solid waste landfill or limited purpose landfill must measure the landfill surface concentration of methane using a hydrocarbon detector meeting the requirements of this section and the department's implementing rules adopted pursuant to section 2 of this act.
8 SHB 1663 hydrocarbon detector meeting the requirements of this section and the department's implementing rules adopted pursuant to section 2 of this act.
(4) The owner or operator of a municipal solid waste landfill or limited purpose landfill must measure leaks using a hydrocarbon detector meeting the requirements of this section and the department's implementing rules adopted pursuant to section 2 of this act.
(4) The owner or operator of a municipal solid waste landfill must measure leaks using a hydrocarbon detector meeting the requirements of this section and the department's implementing rules adopted pursuant to section 2 of this act.
(1) The department or local authority must allow the capping or removal of the gas collection and control system at a closed municipal solid waste landfill, provided the following three requirements are met:
(1) The department or local authority must allow the capping or removal of the gas collection and control system at a closed municipal solid waste landfill or limited purpose landfill, provided the following three requirements are met:
(a) The gas collection and control system was in operation for at least 15 years, unless the owner or operator demonstrates to the satisfaction of the department or local authority that due to declining methane rates, the municipal solid waste landfill will be unable to operate the gas collection and control system for a 15 year period;
(a) The gas collection and control system was in operation for at least 15 years, unless the owner or operator demonstrates to the satisfaction of the department or local authority that due to declining methane rates, the municipal solid waste landfill or limited purpose landfill will be unable to operate the gas collection and control system for a 15 year period;
(b) Surface methane concentration measurements do not exceed the limits specified in section 5 of this act;
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9 HB 1663 (b) Surface methane concentration measurements do not exceed the limits specified in section 5 of this act;
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NEW SECTION.
9 SHB 1663 NEW SECTION.
(1) The owner or operator of a municipal solid waste landfill may request alternatives to the compliance measures, monitoring requirements, and test methods and procedures set forth in sections 4, 6, and 8 of this act, and the department's implementing rules adopted pursuant to section 2 of this act.
(1) The owner or operator of a municipal solid waste landfill or limited purpose landfill may request alternatives to the compliance measures, monitoring requirements, and test methods and procedures set forth in sections 4, 6, and 8 of this act, and the department's implementing rules adopted pursuant to section 2 of this act.
NEW SECTION.
p.
10 HB 1663 NEW SECTION.
The department or local authority may request that any owner or operator of a municipal solid waste landfill demonstrate that a landfill does not meet the applicability criteria specified in section 2 of this act.
The department or local authority may request that any owner or operator of a municipal solid waste landfill or limited purpose landfill demonstrate that a landfill does not meet the applicability criteria specified in section 2 of this act.
The department and local authorities may assess and collect such fees as may be necessary to recover the p.
The department and local authorities may assess and collect such fees as may be necessary to recover the direct and indirect costs associated with the implementation of this chapter.
10 SHB 1663 direct and indirect costs associated with the implementation of this chapter.
In consultation with any linked jurisdiction to the program created by this chapter, by October 1, 2026, the department, in consultation with the department of commerce and the utilities and transportation commission, shall adopt by rule a methodology for addressing imported electricity associated with a centralized electricity market;
In consultation with any linked jurisdiction to the program created by this chapter, by October 1, p.
11 HB 1663 2026, the department, in consultation with the department of commerce and the utilities and transportation commission, shall adopt by rule a methodology for addressing imported electricity associated with a centralized electricity market;
and (e)(i) Where the person supplies natural gas in amounts that would result in exceeding 25,000 metric tons of carbon dioxide equivalent emissions if fully combusted or oxidized, excluding the amounts for fuel products that are produced or imported with a p.
and (e)(i) Where the person supplies natural gas in amounts that would result in exceeding 25,000 metric tons of carbon dioxide equivalent emissions if fully combusted or oxidized, excluding the amounts for fuel products that are produced or imported with a documented final point of delivery outside of Washington and combusted outside of Washington, and excluding the amounts:
11 SHB 1663 documented final point of delivery outside of Washington and combusted outside of Washington, and excluding the amounts:
(2) A person is a covered entity as of the beginning of the second compliance period and all subsequent compliance periods if the person reported emissions under RCW 70A.15.2200 or provided emissions data as required by this chapter for any calendar year from 2023 through 2025, where the person owns or operates a waste to energy facility utilized by a county and city solid waste management program and the facility's emissions equal or exceed 25,000 metric tons of carbon dioxide equivalent.
(2) A person is a covered entity as of the beginning of the second compliance period and all subsequent compliance periods if the person reported emissions under RCW 70A.15.2200 or provided emissions data as required by this chapter for any calendar year from 2023 through 2025, where the person owns or operates a waste to energy facility utilized by a county and city solid waste management program p.
12 HB 1663 and the facility's emissions equal or exceed 25,000 metric tons of carbon dioxide equivalent.
p.
(i) Capture at least 75 percent of the landfill gas generated by the decomposition of waste using methods under 40 C.F.R.
12 SHB 1663 (i) Capture at least 75 percent of the landfill gas generated by the decomposition of waste using methods under 40 C.F.R.
Whenever a covered entity ceases to be a covered entity, the department shall notify the appropriate policy and fiscal committees of the legislature of the name of the entity and the reason the entity is no longer a covered entity.
Whenever a covered entity ceases to be a covered entity, the p.
13 HB 1663 department shall notify the appropriate policy and fiscal committees of the legislature of the name of the entity and the reason the entity is no longer a covered entity.
p.
(6) For emission sources described in subsection (1) of this section that are in operation or otherwise active between 2015 and 2019 but were not required to report emissions for those years under RCW 70A.15.2200 for the reporting periods between 2015 and 2019, coverage under the program starts in the calendar year following the year in which emissions from the source exceed the applicable thresholds in subsection (1) of this section as reported pursuant to RCW 70A.15.2200 or provided as required by this chapter, or upon formal notice from the department that the source is expected to exceed the applicable emissions threshold for the first year that source is required to report emissions, whichever happens first.
13 SHB 1663 (6) For emission sources described in subsection (1) of this section that are in operation or otherwise active between 2015 and 2019 but were not required to report emissions for those years under RCW 70A.15.2200 for the reporting periods between 2015 and 2019, coverage under the program starts in the calendar year following the year in which emissions from the source exceed the applicable thresholds in subsection (1) of this section as reported pursuant to RCW 70A.15.2200 or provided as required by this chapter, or upon formal notice from the department that the source is expected to exceed the applicable emissions threshold for the first year that source is required to report emissions, whichever happens first.
(d) Carbon dioxide emissions from the combustion of biomass or biofuels;
p.
14 HB 1663 (d) Carbon dioxide emissions from the combustion of biomass or biofuels;
((and)) p.
((and)) (f) Emissions from facilities with North American industry classification system code 92811 (national security);
14 SHB 1663 (f) Emissions from facilities with North American industry classification system code 92811 (national security);
and (g) Emissions from municipal solid waste landfills and limited purpose landfills that are subject to, and in compliance with, chapter 70A.--- RCW (the new chapter created in section 16 of this act).
and (g) Emissions from municipal solid waste landfills that are subject to, and in compliance with, chapter 70A.--- RCW (the new chapter created in section 16 of this act).
(b) Consistent with the intent of the legislature to avoid the leakage of emissions to other jurisdictions, in achieving the state's greenhouse gas limits in RCW 70A.45.020, the state, including lead agencies under chapter 43.21C RCW, shall pursue the limits in a manner that recognizes that the siting and placement of new or expanded best-in-class facilities with lower carbon emitting processes is in the economic and environmental interests of the state of Washington.
(b) Consistent with the intent of the legislature to avoid the leakage of emissions to other jurisdictions, in achieving the state's greenhouse gas limits in RCW 70A.45.020, the state, including lead agencies under chapter 43.21C RCW, shall pursue the limits in a manner that recognizes that the siting and placement of new or expanded best-in-class facilities with lower carbon emitting p.
15 HB 1663 processes is in the economic and environmental interests of the state of Washington.
Nothing in this subsection requires a lead agency or a permitting agency to p.
Nothing in this subsection requires a lead agency or a permitting agency to approve or issue a permit to a permit applicant, including to a new or expanded fossil fuel project.
15 SHB 1663 approve or issue a permit to a permit applicant, including to a new or expanded fossil fuel project.
(b) Any person who fails to take action as specified by an order issued pursuant to this chapter shall be liable for a civil penalty of not more than ten thousand dollars for each day of continued noncompliance.
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16 HB 1663 (b) Any person who fails to take action as specified by an order issued pursuant to this chapter shall be liable for a civil penalty of not more than ten thousand dollars for each day of continued noncompliance.
(3) Each act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the p.
(3) Each act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the same penalty.
16 SHB 1663 provisions of this section and subject to the same penalty.
(7) In addition to other penalties provided by this chapter, persons knowingly underreporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments may be subject to a penalty equal to three times the amount of the original fee owed.
(7) In addition to other penalties provided by this chapter, persons knowingly underreporting emissions or other information used p.
17 HB 1663 to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments may be subject to a penalty equal to three times the amount of the original fee owed.
If any provision of this act or its application to any person or circumstance is held invalid, the p.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
17 SHB 1663 remainder of the act or the application of the provision to other persons or circumstances is not affected.
18 SHB 1663
18 HB 1663
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Action History

  1. Prefiled for introduction.

  2. Effective date 6/9/2022.

  3. Chapter 179, 2022 Laws.

  4. Governor signed.

  5. Delivered to Governor.

  6. President signed.

  7. Speaker signed.

  8. Passed final passage; yeas, 58; nays, 38; absent, 0; excused, 2.

  9. House concurred in Senate amendments.

  10. Third reading, passed; yeas, 30; nays, 17; absent, 0; excused, 2.

  11. Rules suspended. Placed on Third Reading.

  12. Committee amendment(s) adopted as amended.

  13. Placed on second reading by Rules Committee.

  14. Scheduled for public hearing in the Senate Committee on Ways & Means at 10:00 AM

  15. Passed to Rules Committee for second reading.

  16. Minority; do not pass.

  17. WM - Majority; do pass with amendment(s).

  18. Executive action taken in the Senate Committee on Ways & Means at 10:00 AM.

  19. Scheduled for public hearing in the Senate Committee on Ways & Means at 09:00 AM

  20. Public hearing in the Senate Committee on Ways & Means at 9:00 AM.

  21. Referred to Ways & Means.

  22. Scheduled for public hearing in the Senate Committee on Environment, Energy & Technology at 08:00 AM

  23. And refer to Ways & Means.

  24. Minority; do not pass.

  25. ENET - Majority; do pass with amendment(s).

  26. Executive action taken in the Senate Committee on Environment, Energy & Technology at 8:00 AM.

  27. Scheduled for public hearing in the Senate Committee on Environment, Energy & Technology at 08:00 AM

  28. Public hearing in the Senate Committee on Environment, Energy & Technology at 8:00 AM.

  29. First reading, referred to Environment, Energy & Technology.

  30. Third reading, passed; yeas, 57; nays, 40; absent, 0; excused, 1.

  31. Rules suspended. Placed on Third Reading.

  32. Floor amendment(s) adopted.

  33. 2nd substitute bill substituted (APP 22).

  34. Rules Committee relieved of further consideration. Placed on second reading.

  35. Referred to Rules 2 Review.

  36. Scheduled for public hearing in the House Committee on Appropriations at 09:00 AM

  37. Minority; without recommendation.

  38. Minority; do not pass.

  39. APP - Majority; 2nd substitute bill be substituted, do pass.

  40. Executive action taken in the House Committee on Appropriations at 9:00 AM.

  41. Scheduled for public hearing in the House Committee on Appropriations at 10:00 AM

  42. Public hearing in the House Committee on Appropriations at 10:00 AM.

  43. Referred to Appropriations.

  44. Scheduled for public hearing in the House Committee on Environment & Energy at 01:30 PM

  45. Minority; without recommendation.

  46. Minority; do not pass.

  47. ENVI - Majority; 1st substitute bill be substituted, do pass.

  48. Executive action taken in the House Committee on Environment & Energy at 1:30 PM.

  49. Scheduled for public hearing in the House Committee on Environment & Energy at 08:00 AM

  50. Public hearing in the House Committee on Environment & Energy at 8:00 AM.

  51. First reading, referred to Environment & Energy.

Sponsors

Sponsorship breakdown

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1 sponsors · 18 co-sponsors · 132 not signed on · 37 voted No

Sponsors (1)

Co-sponsors (18)

Not signed on (132)

132 members have not signed on to this bill.

Show all 132 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 58 Yea · 38 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 32300
Democrat 46101
Unaffiliated 91401
Total 583802
% of votes cast 59%39%0%2%
How each member voted (98)
Member Party Vote
Chambers — Nay
Chandler — Nay
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Nay
Harris-Talley — Yea
Hoff — Nay
Kirby — Yea
Klippert — Not Voting
Kraft — Nay
Kretz — Nay
Maycumber — Nay
McCaslin — Nay
Mosbrucker — Nay
Robertson — Nay
Sells — Yea
Sullivan — Yea
Sutherland — Nay
Vick — Nay
Wicks — Yea
Wilcox — Nay
Young — Nay
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Nay
April Berg Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Not Voting
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Nay
Carolyn Eslick Republican Nay
Chris Corry Republican Nay
Cyndy Jacobsen Republican Nay
Dan Griffey Republican Nay
Drew MacEwen Republican Nay
Drew Stokesbary Republican Yea
Ed Orcutt Republican Nay
Jenny Graham Republican Nay
Jeremie Dufault Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Joel McEntire Republican Nay
Keith Goehner Republican Nay
Mark Klicker Republican Nay
Mary Dye Republican Yea
Matt Boehnke Republican Nay
Michelle Valdez Republican Nay
Mike Steele Republican Yea
Mike Volz Republican Nay
Paul Harris Republican Nay
Peter Abbarno Republican Nay
Rob Chase Republican Nay
Skyler Rude Republican Nay
Tom Dent Republican Nay

Official roll call →

Passed 30 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12600
Republican 21100
Democrat 16002
Total 301702
% of votes cast 61%35%0%4%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Nay
Carlyle — Yea
Das — Yea
Frockt — Yea
Hawkins — Nay
Honeyford — Nay
Keiser — Yea
Kuderer — Yea
Mullet — Nay
Padden — Nay
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sefzik — Yea
Sheldon — Yea
Van De Wege — Yea
Wilson, L. — Nay
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Not Voting
Lisa Wellman Democrat Not Voting
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Nay
Jeff Holy Republican Nay
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Wagoner Republican Nay
Mark Schoesler Republican Nay
Perry Dozier Republican Nay
Phil Fortunato Republican Yea
Ron Muzzall Republican Nay
Shelly Short Republican Nay

Official roll call →

Passed 57 Yea · 40 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 02501
Democrat 48000
Unaffiliated 91500
Total 574001
% of votes cast 58%41%0%1%
How each member voted (98)
Member Party Vote
Chambers — Nay
Chandler — Nay
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Nay
Harris-Talley — Yea
Hoff — Nay
Kirby — Yea
Klippert — Nay
Kraft — Nay
Kretz — Nay
Maycumber — Nay
McCaslin — Nay
Mosbrucker — Nay
Robertson — Nay
Sells — Yea
Sullivan — Yea
Sutherland — Nay
Vick — Nay
Wicks — Yea
Wilcox — Nay
Young — Nay
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Nay
Carolyn Eslick Republican Nay
Chris Corry Republican Nay
Cyndy Jacobsen Republican Nay
Dan Griffey Republican Nay
Drew MacEwen Republican Nay
Drew Stokesbary Republican Nay
Ed Orcutt Republican Nay
Jenny Graham Republican Nay
Jeremie Dufault Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Joel McEntire Republican Nay
Keith Goehner Republican Nay
Mark Klicker Republican Nay
Mary Dye Republican Nay
Matt Boehnke Republican Nay
Michelle Valdez Republican Nay
Mike Steele Republican Not Voting
Mike Volz Republican Nay
Paul Harris Republican Nay
Peter Abbarno Republican Nay
Rob Chase Republican Nay
Skyler Rude Republican Nay
Tom Dent Republican Nay

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 1663?
HB 1663 is sponsored by David Hackney (Democrat), Harris-Talley, Gerry Pollet (Democrat), Shelley Kloba (Democrat), Steve Tharinger (Democrat), Vandana Slatter (Democrat), Strom Peterson (Democrat), Nicole Macri (Democrat), Mia Gregerson (Democrat), Roger Goodman (Democrat), Javier Valdez (Democrat), Amy Walen (Democrat), My-Linh Thai (Democrat), Alex Ramel (Democrat), Mari Leavitt (Democrat), Liz Berry (Democrat), Cindy Ryu (Democrat), Joe Fitzgibbon (Democrat), and Davina Duerr (Democrat).
What is the current status of HB 1663?
This bill has been enacted into law. Introduced January 10, 2022. Enacted.
Where can I track HB 1663?
Track HB 1663 free on One Click Politics — get push/email alerts when it moves.

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