Concerning independent remedial actions under the model toxics control act.
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SB 5170 — Concerning independent remedial actions under the model toxics control act.
Last action — On motion, referred to Energy, Environment & Technology.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
The recent amendments to Senate Bill 5170 clarify the process for independent remediation actions regarding hazardous waste sites. The changes exempt individuals conducting independent remedial actions from certain procedural requirements, meaning they can move forward without some local government approvals while still adhering to key substantive laws. This is significant because it aims to expedite cleanup efforts for contaminated sites, facilitating a quicker return to safe use of land for communities. Overall, the amendments balance efficiency with environmental safeguards by ensuring compliance with important regulatory standards.
S-0939.1SUBSTITUTES-0278.1SENATE SENATE BILL 5170State of Washington65th Legislature2017 Regular SessionBy Senate Energy, Environment & Telecommunications (originally sponsored by Senator Ericksen)READEricksenRead FIRSTfirst TIMEtime 02/10/17.AN01/16/17. ACT Relating to independent remedial actions under the model toxics control act;
andReferred amendingto RCWCommittee 70.105D.090,on 70.105D.030,Energy, 70.94.335,Environment 70.95.270,& 70.105.116,Telecommunications.AN 77.55.061,ACT 90.48.039,Relating and 90.58.355.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1. RCW 70.105D.090 and 2003 c 39 s 30 are each amended to read as follows:(1) A person conducting an independent remedial action,actions a remedial action at a facility under a consent decree, order, or agreed order, and the departmentmodel whentoxics itcontrol conductsact; a remedial action, are exempt from the procedural requirements of chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW, and the procedural requirements of any laws requiring or authorizing local government permits or approvals for the remedial action.
Forand amending RCW 70.105D.090, 70.105D.030, 43.21C.036, 70.94.335, 70.95.270, 70.105.116, 77.55.061, 90.48.039, and 90.58.355.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1. RCW 70.105D.090 and 2003 c 39 s 30 are each amended to read as follows:(1) A person conducting an independent remedial action, a remedial action conductedat a facility under a consent decree, order, or agreed order, orand when the department when it conducts a remedial action, theare departmentexempt shallfrom ensure compliance with the substantiveprocedural provisionsrequirements of chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW, and the substantiveprocedural provisionsrequirements of any laws requiring or authorizing local government permits ((of)) or approvals.approvals for the remedial action.
The department shall establishensure procedurescompliance forwith ensuringthe thatsubstantive ((such))provisions remedialof actions,chapters except70.94, independent70.95, remedial70.105, actions,77.55, comply90.48, withand the90.58 substantiveRCW, requirementsand adoptedthe pursuantsubstantive toprovisions suchof laws,any andlaws shallrequiring consultor withauthorizing the state agencies and local governmentsgovernment chargedpermits with((of)) implementingor theseapprovals. laws.
The department shall establish procedures for ensuring that such remedial actions comply with the substantive requirements adopted pursuant to such laws, and shall consult with the state agencies and local governments charged with implementing these laws.
and(C) By June 30, 2010, the remainder of the facilities;(iii) Once this initial review has been completed, conduct subsequent reviews at least once every five years.Sec. 3. RCW 70.94.33543.21C.036 and 1994 c 257 s 1521 are each amended to read as follows:Thefollows:((In proceduralconducting)) requirementsFor ofthe thispurposes chapterof shall not apply to any person conducting an independent remedial action,action if applicable, a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or toif conducted by the department of ecology, the department of ecology whento itthe conductsmaximum aextent remedialpracticable actionshall integrate the procedural requirements and documents of this chapter with the procedures and documents under chapter 70.105D RCW.
ExceptSuch forintegration independent remedial actions, the department of ecology shall ensureat compliancea withminimum theinclude substantive requirements of this chapter through the consentpublic decree,participation order,procedures orof agreed order issued pursuant to chapter 70.105D RCW,RCW orand during the department-conductedpublic remedialnotice action,and throughreview therequirements proceduresof developedthis bychapter.Sec. 4. RCW the70.94.335 department pursuant to RCW 70.105D.090.Sec. 4. RCW 70.95.270 and 1994 c 257 s 1615 are each amended to read as follows:The procedural requirements of this chapter shall not apply to any person conducting an independent remedial action, a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW.
ExceptThe for independent remedial actions, the department of ecology shall ensure compliance with the substantive requirements of this chapter through((through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action,action,)) through the procedures developed by the department pursuant to RCW 70.105D.090.Sec. 5. RCW 70.105.11670.95.270 and 1994 c 257 s 1716 are each amended to read as follows:The procedural requirements of this chapter shall not apply to any person conducting an independent remedial action, a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW.
ExceptThe for independent remedial actions, the department of ecology shall ensure compliance with the substantive requirements of this chapter through((through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action,action,)) through the procedures developed by the department pursuant to RCW 70.105D.090.Sec. 6. RCW 77.55.06170.105.116 and 1994 c 257 s 1817 are each amended to read as follows:The procedural requirements of this chapter shall not apply to any person conducting an independent remedial action, a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW.
ExceptThe for independent remedial actions, the department of ecology shall ensure compliance with the substantive requirements of this chapter through((through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action,action,)) through the procedures developed by the department pursuant to RCW 70.105D.090.Sec. 7. RCW 90.48.03977.55.061 and 1994 c 257 s 1918 are each amended to read as follows:The procedural requirements of this chapter shall not apply to any person conducting an independent remedial action, a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW.
ExceptThe for independent remedial actions, the department of ecology shall ensure compliance with the substantive requirements of this chapter through((through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action,action,)) through the procedures developed by the department pursuant to RCW 70.105D.090.Sec. 8. RCW 90.58.35590.48.039 and 20151994 3rdc sp.s.257 s 19 are each amended to read as follows:The procedural requirements of this chapter shall not apply to any person conducting an independent remedial action, a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW.
The department of ecology shall ensure compliance with the substantive requirements of this chapter ((through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action,)) through the procedures developed by the department pursuant to RCW 70.105D.090.Sec. 9. RCW 90.58.355 and 2015 3rd sp.s.
ExceptThe for independent remedial actions, the department must ensure compliance with the substantive requirements of this chapter through((through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action,action,)) through the procedures developed by the department pursuant to RCW 70.105D.090;(2) Any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit.
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Action History
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On motion, referred to Energy, Environment & Technology.
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By resolution, reintroduced and retained in present status.
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By resolution, reintroduced and retained in present status.
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By resolution, reintroduced and retained in present status.
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By resolution, reintroduced and retained in present status.
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Placed on Rules White Sheet.
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By resolution, returned to Senate Rules Committee for third reading.
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Referred to Appropriations.
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ENVI - Majority; do pass with amendment(s).
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Minority; do not pass.
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ENVI - Majority; do pass with amendment(s).
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First reading, referred to Environment (Not Officially read and referred until adoption of Introduction report).
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Third reading, passed; yeas, 25; nays, 24; absent, 0; excused, 0.
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Rules suspended. Placed on Third Reading.
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1st substitute bill substituted.
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Placed on second reading by Rules Committee.
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1st substitute bill substituted.
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Placed on second reading by Rules Committee.
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Passed to Rules Committee for second reading.
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Passed to Rules Committee for second reading.
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Minority; do not pass.
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EET - Majority; 1st substitute bill be substituted, do pass.
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Minority; do not pass.
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EET - Majority; 1st substitute bill be substituted, do pass.
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First reading, referred to Energy, Environment & Telecommunications.
Sponsors
- Ericksen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 150 not signed on · 10 voted No
Sponsors (1)
- Ericksen
Co-sponsors (0)
None.
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 15 | 0 | 0 |
| Republican | 7 | 1 | 0 | 0 |
| Democrat | 0 | 8 | 0 | 0 |
| Total | 25 | 24 | 0 | 0 |
| % of votes cast | 51% | 49% | 0% | 0% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| Angel | — | Yea |
| Bailey | — | Yea |
| Becker | — | Yea |
| Hawkins | — | Yea |
| Hobbs | — | Nay |
| Padden | — | Yea |
| Palumbo | — | Nay |
| Rivers | — | Yea |
| Rolfes | — | Nay |
| Rossi | — | Yea |
| Sheldon | — | Yea |
| Brown | — | Yea |
| Baumgartner | — | Yea |
| Billig | — | Nay |
| Carlyle | — | Nay |
| Wilson | — | Yea |
| Darneille | — | Nay |
| Ericksen | — | Yea |
| Fain | — | Yea |
| Frockt | — | Nay |
| Honeyford | — | Yea |
| Keiser | — | Nay |
| Kuderer | — | Nay |
| McCoy | — | Nay |
| Miloscia | — | Yea |
| Mullet | — | Nay |
| Nelson | — | Nay |
| O'Ban | — | Yea |
| Pearson | — | Yea |
| Ranker | — | Nay |
| Takko | — | Nay |
| Zeiger | — | Yea |
| Van De Wege | — | Nay |
| Annette Cleveland | Democrat | Nay |
| Bob Hasegawa | Democrat | Nay |
| Jamie Pedersen | Democrat | Nay |
| Lisa Wellman | Democrat | Nay |
| Marko Liias | Democrat | Nay |
| Rebecca Saldaña | Democrat | Nay |
| Steve Conway | Democrat | Nay |
| Victoria Hunt | Democrat | Nay |
| Curtis King | Republican | Yea |
| Jim Walsh | Republican | Yea |
| John Braun | Republican | Yea |
| Judy Warnick | Republican | Yea |
| Mark Schoesler | Republican | Yea |
| Phil Fortunato | Republican | Yea |
| Rob Chase | Republican | Nay |
| Shelly Short | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 5170?
- SB 5170 is sponsored by Ericksen.
- What is the current status of SB 5170?
- This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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 SB 5170?
- Track SB 5170 free on One Click Politics — get push/email alerts when it moves.
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