Washington 2023-2024 Regular Session Status: Passed House 19 D cosponsors

HB 2070 — Integrating environmental justice considerations into certain project decisions.

Last action — Referred to Appropriations.

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

This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

576 added · 594 removed

Plain-language change summary

The recent amendment to House Bill 2070 added a definition for "potentially impactful project," which outlines specific types of projects that may significantly affect air quality, such as major sources of air pollution and sewage treatment plants. This change clarifies what projects will be subject to stricter environmental regulations, ensuring that potentially damaging activities are monitored more closely. This matters because it helps protect public health and the environment by addressing sources of pollution more effectively.

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H-2894.2 SUBSTITUTE HOUSE BILL 2070 State of Washington 68th Legislature 2024 Regular Session By House Environment & Energy (originally sponsored by Representatives Mena, Pollet, Fitzgibbon, Berry, Simmons, Reed, Ormsby, Ramel, Fey, Street, Slatter, Ortiz-Self, Alvarado, Doglio, Cortes, Riccelli, Santos, Reeves, and Macri) READ FIRST TIME 01/31/24.
H-2335.1 HOUSE BILL 2070 State of Washington 68th Legislature 2024 Regular Session By Representatives Mena, Pollet, Fitzgibbon, Berry, Simmons, Reed, Ormsby, Ramel, Fey, Street, Slatter, Ortiz-Self, Alvarado, Doglio, Cortes, Riccelli, Santos, Reeves, and Macri Prefiled 01/02/24.
Read first time 01/08/24.
Referred to Committee on Environment & Energy.
1 SHB 2070 would be made higher than a pollution burdened community's geographic point of comparison as a result of a potentially impactful project's contribution.
1 HB 2070 would be made higher than a pollution burdened community's geographic point of comparison as a result of a potentially impactful project's contribution.
2 SHB 2070 (d) Potential environmental and public health stressors associated with a potentially impactful project;
2 HB 2070 (d) Potential environmental and public health stressors associated with a potentially impactful project;
3 SHB 2070 (c) Environmental hazards in communities or contaminated sites:
3 HB 2070 (c) Environmental hazards in communities or contaminated sites:
4 SHB 2070 community or other action that improves environmental or public health stressors in a pollution burdened community, as determined by the lead agency.
4 HB 2070 community or other action that improves environmental or public health stressors in a pollution burdened community, as determined by the lead agency.
(15)(a) Except as provided in (b) of this subsection, "potentially impactful project" means projects that are:
(15)(a) "Potentially impactful project" means projects that are:
(ix) A transfer station, landfill, scrap metal facility, or other solid waste facility required to obtain a solid waste handling permit under chapter 70A.205 RCW;
5 SHB 2070 (ix) A transfer station, landfill, scrap metal facility, or other solid waste facility required to obtain a solid waste handling permit under chapter 70A.205 RCW;
5 HB 2070 (x) A medical waste incinerator;
(x) A medical waste incinerator;
(ii) Projects related to facilities with North American industry classification system code 92811 (national security) or similar national security facilities administered by the United States government;
or (ii) Projects related to facilities with North American industry classification system code 92811 (national security) or similar national security facilities administered by the United States government.
(iii) Fish hatchery projects;
(iv) Nonproject actions of a lead agency;
(v) Department of transportation projects of less than $15,000,000;
or (vi) Project actions that propose to develop residential housing units only, such as affordable housing projects.
(1) As a supplemental component of the analysis required under RCW 43.21C.030 for any proposed action associated with a new or expanding potentially impactful project or the renewal of an existing potentially impactful project's permit located or proposed to be located in whole or in part in a pollution burdened community, a lead p.
(1) As a supplemental component of the analysis required under RCW 43.21C.030 for any proposed action associated with a new or expanding potentially impactful project or the renewal of an existing potentially impactful project's permit located or proposed to be located in whole or in part in a pollution burdened community, a lead agency must complete an environmental justice impact statement consistent with the requirements of this section.
6 SHB 2070 agency must complete an environmental justice impact statement consistent with the requirements of this section.
(2) An environmental justice impact statement prepared by a lead agency under this section must assess:
p.
6 HB 2070 (2) An environmental justice impact statement prepared by a lead agency under this section must assess:
The office of financial management's website list of environmental justice impact statements must include a brief description of the agency action undergoing review under this section, a brief summary of the findings of the environmental justice impact statement, and the methods for providing public comment under subsection (4) of this section for lead agency consideration as part of the environmental p.
The office of financial management's website list of environmental justice impact statements must include a brief description of the agency action undergoing review under this section, a brief summary of the findings of the environmental justice impact statement, and the methods for providing public comment under subsection (4) of this section for lead agency consideration as part of the environmental justice impact assessment.
7 SHB 2070 justice impact assessment.
(ii) processes that facilitate and support the inclusion of members of communities affected by agency decision making;
(ii) processes that facilitate and support the inclusion of members of p.
7 HB 2070 communities affected by agency decision making;
The notice of the public hearing published by the lead agency and the office of financial management must be mailed to each residence located in the pollution burdened community to notify residents that their residence is located in a pollution burdened community and must include the date, time, and location of the public hearing, a description of the proposed potentially impactful project, a brief summary of the environmental justice impact statement including a listing of all potential environmental and health stressors associated with the project, information on how an interested person may review a copy of the complete environmental justice impact statement, and information regarding the opportunities for public comment to the lead agency on the environmental justice impact assessment.
The notice of the public hearing published by the lead agency and the office of financial management must include the date, time, and location of the public hearing, a description of the proposed potentially impactful project, a brief summary of the environmental justice impact statement including a listing of all potential environmental and health stressors associated with the project, information on how an interested person may review a copy of the complete environmental justice impact statement, and information regarding the opportunities for public comment to the lead agency on the environmental justice impact assessment.
p.
(b) At the public hearing required in this section, the lead agency must provide clear, accurate, and complete information about the proposed potentially impactful project.
8 SHB 2070 (b) At the public hearing required in this section, the lead agency must provide clear, accurate, and complete information about the proposed potentially impactful project.
(c) The lead agency must accept written and oral comments from any interested party at the public hearing, transcribe and make publicly available any oral comments given during the public hearing within a reasonable period of time after the public hearing, and provide an opportunity for meaningful public participation at the public hearing.
(c) The lead agency must accept written and oral comments from any interested party at the public hearing, transcribe and make publicly available any oral comments given during the public hearing within a reasonable period of time after the public hearing, and p.
8 HB 2070 provide an opportunity for meaningful public participation at the public hearing.
and p.
and (c) Mitigate, consistent with RCW 43.21C.060, an action associated with the renewal of a permit to an existing potentially impactful project in a pollution burdened community upon finding that the government action would, together with other environmental harms affecting the pollution burdened community, cause or contribute to environmental harms in the pollution burdened community that are higher than those borne by other communities in the geographic point of comparison.
9 SHB 2070 (c) Mitigate, consistent with RCW 43.21C.060, an action associated with the renewal of a permit to an existing potentially impactful project in a pollution burdened community upon finding that the government action would, together with other environmental harms affecting the pollution burdened community, cause or contribute to environmental harms in the pollution burdened community that are higher than those borne by other communities in the geographic point of comparison.
(6) The lead agency may not exercise its authority in subsection (5) of this section in a manner that would compromise the reasonable p.
(6) The lead agency may not exercise its authority in subsection (5) of this section in a manner that would compromise the reasonable requirements of public health, safety, and welfare to the environment in the pollution burdened community.
9 HB 2070 requirements of public health, safety, and welfare to the environment in the pollution burdened community.
p.
(d) A lead agency that is required to provide the information under subsection (3) of this section must determine whether the potentially impactful project can, as applicable, first avoid a disproportionate impact or, where a disproportionate impact will occur, address its contributions to environmental and public health stressors in the pollution burdened community.
10 SHB 2070 (d) A lead agency that is required to provide the information under subsection (3) of this section must determine whether the potentially impactful project can, as applicable, first avoid a disproportionate impact or, where a disproportionate impact will occur, address its contributions to environmental and public health stressors in the pollution burdened community.
(a) An executive summary of the information contained in the environmental justice impact statement, including any supplemental information as required in subsection (3) of this section;
p.
10 HB 2070 (a) An executive summary of the information contained in the environmental justice impact statement, including any supplemental information as required in subsection (3) of this section;
and (iii) For new or expanded facilities, a schedule for the construction and operation including anticipated completion dates for major phases of construction, any pollution or environmental control measures and monitoring instrumentation, hours of operation, on-site equipment, traffic routes, number of employees, and all other information relevant to the potential for the construction to p.
and (iii) For new or expanded facilities, a schedule for the construction and operation including anticipated completion dates for major phases of construction, any pollution or environmental control measures and monitoring instrumentation, hours of operation, on-site equipment, traffic routes, number of employees, and all other information relevant to the potential for the construction to contribute to environmental and public health stressors in the pollution burdened community;
11 SHB 2070 contribute to environmental and public health stressors in the pollution burdened community;
(ii) An indication of which environmental and public health stressors are considered adverse by comparing the value of each stressor in the pollution burdened community with the appropriate geographic point of comparison;
p.
11 HB 2070 (ii) An indication of which environmental and public health stressors are considered adverse by comparing the value of each stressor in the pollution burdened community with the appropriate geographic point of comparison;
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(g) A public participation plan that, at a minimum, satisfies the requirements of section 2 of this act, including all proposed forms p.
(g) A public participation plan that, at a minimum, satisfies the requirements of section 2 of this act, including all proposed forms and methods of notice to the members of the pollution burdened community and the proposed hearing location;
12 SHB 2070 and methods of notice to the members of the pollution burdened community and the proposed hearing location;
and (i) As applicable, how a proposed new potentially impactful project will serve a compelling public interest in the pollution burdened community.
and p.
12 HB 2070 (i) As applicable, how a proposed new potentially impactful project will serve a compelling public interest in the pollution burdened community.
and (iv) Any existing on-site public scenic attributes or outdoor recreation and conservation opportunities in the pollution burdened community, such as any federal, state, county, or municipal parks, forests, wildlife management areas and natural areas, any areas p.
and (iv) Any existing on-site public scenic attributes or outdoor recreation and conservation opportunities in the pollution burdened community, such as any federal, state, county, or municipal parks, forests, wildlife management areas and natural areas, any areas acquired for recreation and conservation purposes, any lands preserved as open space by a nonprofit conservation organization, or other public access features;
13 SHB 2070 acquired for recreation and conservation purposes, any lands preserved as open space by a nonprofit conservation organization, or other public access features;
7401 et seq., and a discussion of how the potentially impactful project will comply with the requirements of rules adopted by the department of ecology pursuant to chapter 70A.15 RCW;
7401 et seq., and a discussion of how the potentially impactful project will comply with p.
13 HB 2070 the requirements of rules adopted by the department of ecology pursuant to chapter 70A.15 RCW;
(f) A traffic study that describes the transportation routes that will service the new potentially impactful project, site access capability, and existing traffic flow patterns expressed in terms of p.
(f) A traffic study that describes the transportation routes that will service the new potentially impactful project, site access capability, and existing traffic flow patterns expressed in terms of daily peak hour volumes, off peak hour volumes, levels of service, and average daily round trips, and the potentially impactful project's current and proposed contributions thereto for all vehicles associated with the potentially impactful project's operations;
14 SHB 2070 daily peak hour volumes, off peak hour volumes, levels of service, and average daily round trips, and the potentially impactful project's current and proposed contributions thereto for all vehicles associated with the potentially impactful project's operations;
(h) A description of the stormwater management system that identifies the type of collection and treatment system available, and current collection and treatment capacity and utilization, including the presence or absence of combined sewer overflows;
(h) A description of the stormwater management system that identifies the type of collection and treatment system available, and p.
14 HB 2070 current collection and treatment capacity and utilization, including the presence or absence of combined sewer overflows;
p.
(iii) A comparison, in matrix or other appropriate format, of both the chosen alternative and the set of alternatives considered;
15 SHB 2070 (iii) A comparison, in matrix or other appropriate format, of both the chosen alternative and the set of alternatives considered;
or (iii) A detailed compliance history for the potentially impactful project, if applicable, including any existing federal, state, or local permits and copies of any enforcement actions issued to the potentially impactful project for the five years preceding the date of the initiation of the environmental justice impact statement;
or p.
15 HB 2070 (iii) A detailed compliance history for the potentially impactful project, if applicable, including any existing federal, state, or local permits and copies of any enforcement actions issued to the potentially impactful project for the five years preceding the date of the initiation of the environmental justice impact statement;
(5) Following the completion of the public participation process detailed in section 2 of this act, the lead agency shall consider the environmental justice impact statement, and any supplemental information, testimony, written comments, the project proponent's response to comments, and any other information deemed relevant by the lead agency to determine whether the potentially impactful project can avoid a disproportionate impact, determine whether to deny or approve the proposed action, and evaluate whether and how to impose conditions concerning the construction and operation of the p.
(5) Following the completion of the public participation process detailed in section 2 of this act, the lead agency shall consider the environmental justice impact statement, and any supplemental information, testimony, written comments, the project proponent's response to comments, and any other information deemed relevant by the lead agency to determine whether the potentially impactful project can avoid a disproportionate impact, determine whether to deny or approve the proposed action, and evaluate whether and how to impose conditions concerning the construction and operation of the potentially impactful project to address its contributions to environmental and public health stressors affecting the pollution burdened community.
16 SHB 2070 potentially impactful project to address its contributions to environmental and public health stressors affecting the pollution burdened community.
(1) A project proponent for a new potentially impactful project or the expansion of an existing potentially impactful project that is proposed to be located, in whole or in part, in a pollution burdened community that is subject to adverse cumulative stressors shall analyze and propose all control measures necessary to avoid potentially impactful project contributions to all adverse environmental and public health stressors in the pollution burdened community.
(1) A project proponent for a new potentially impactful project or the expansion of an existing potentially impactful project that is proposed to be located, in whole or in part, in a pollution burdened community that is subject to adverse cumulative stressors shall analyze and propose all control measures necessary to avoid potentially impactful project contributions to all adverse p.
16 HB 2070 environmental and public health stressors in the pollution burdened community.
and (iii) There are no reasonable alternatives that can be sited outside the pollution burdened community to serve the essential p.
and (iii) There are no reasonable alternatives that can be sited outside the pollution burdened community to serve the essential environmental, health, or safety needs of the individuals in the pollution burdened community.
17 SHB 2070 environmental, health, or safety needs of the individuals in the pollution burdened community.
In addition to any other public comment provided pursuant to this chapter, the lead agency may seek input from the public whenever it determines that such comments may clarify whether the compelling public interest standard is met.
In addition to any other public comment provided pursuant to this chapter, the lead agency may seek input from the public p.
17 HB 2070 whenever it determines that such comments may clarify whether the compelling public interest standard is met.
p.
NEW SECTION.
18 SHB 2070 NEW SECTION.
Where the control measures proposed by the project proponent will prevent a disproportionate impact by avoiding potentially impactful project contributions to all adverse environmental and public health stressors in the pollution burdened community, the lead agency may approve the proposed action in accordance with RCW 43.21C.060.
Where the control measures proposed by the project proponent will prevent a disproportionate impact by avoiding p.
18 HB 2070 potentially impactful project contributions to all adverse environmental and public health stressors in the pollution burdened community, the lead agency may approve the proposed action in accordance with RCW 43.21C.060.
(1)(a) The obligations applicable to lead agencies under sections 2 through 5 of this act are in addition to and do not limit or amend the obligations of covered agencies under chapter 70A.02 RCW.
(1) The obligations applicable to lead agencies under sections 2 through 5 of this act are in addition to and do not limit or amend the obligations of covered agencies under chapter 70A.02 RCW.
(b) A covered agency under chapter 70A.02 RCW may adopt any environmental justice assessment prepared under that chapter or apply other analyses or processes under that chapter to satisfy the requirements of sections 2 through 5 of this act, to the extent that such an environmental justice assessment and other analyses or processes under that chapter are sufficient to satisfy the requirements of sections 2 through 5 of this act.
p.
(3) By rule, the department of ecology may update the definition of pollution burdened community under this section by referencing a similar successor to the United States council on environmental quality's climate and economic justice screening tool developed or published after January 1, 2024.
19 SHB 2070 (3) By rule, the department of ecology may update the definition of pollution burdened community under this section by referencing a similar successor to the United States council on environmental quality's climate and economic justice screening tool developed or published after January 1, 2024.
20 SHB 2070
19 HB 2070
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Action History

  1. Referred to Appropriations.

  2. Minority; without recommendation.

  3. Minority; do not pass.

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

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

  6. Public hearing in the House Committee on Environment & Energy at 4:00 PM.

  7. First reading, referred to Environment & Energy.

  8. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 18 co-sponsors · 132 not signed on

Sponsors (1)

Co-sponsors (18)

Not signed on (132)

132 members have not signed on to this bill.

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"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.

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Subjects

public-safety environment
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Frequently asked questions

Who sponsors HB 2070?
HB 2070 is sponsored by Nicole Macri (Democrat), Kristine Reeves (Democrat), Sharon Tomiko Santos (Democrat), Marcus Riccelli (Democrat), Julio Cortes (Democrat), Beth Doglio (Democrat), Emily Alvarado (Democrat), Lillian Ortiz-Self (Democrat), Vandana Slatter (Democrat), Chipalo Street (Democrat), Jake Fey (Democrat), Alex Ramel (Democrat), Timm Ormsby (Democrat), Julia Reed (Democrat), Tarra Simmons (Democrat), Liz Berry (Democrat), Joe Fitzgibbon (Democrat), Gerry Pollet (Democrat), and Sharlett Mena (Democrat).
What is the current status of HB 2070?
This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2070?
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