wa-law.org > bill > 2025-26 > HB 1749 > Original Bill
The legislature finds that the state environmental policy act requires broad consideration by lead agencies of impacts of proposed government actions on diverse aspects of the natural and built environments and human health. While the state environmental policy act requires this broad analysis of all environmental impacts of a proposed action, the state environmental policy act checklist adopted by the department would be more accurate and useful in reflecting the obligations of project proponents and lead agencies if it more accurately incorporated crucial state and local adopted policies relating to addressing climate change. This includes improved identification of, or guidance to assess, the potential to improve or reduce carbon sequestration in state forests. The flaws of the current checklist and guidance, as compared to the actual statutory obligations of lead agencies, has led to several court decisions invalidating the state environmental policy act threshold determinations for proposed timber sales that did not consider the potential for carbon sequestration on individual proposed sales of mature complex forest.
Similarly, the legislature finds that the current state environmental policy act checklist and review process does not give adequate guidance to ensure that applicants understand that they should be considering in threshold determinations: (a) The potential for projects and programs to significantly contribute to climate change, including from life-cycle emissions of greenhouse gases; (b) the potential to harm climate change related goals and policies related to promoting carbon sequestration; (c) the potential for increasing health disparities in overburdened communities and vulnerable communities; or (d) the potential for harming treaty-protected resources on ceded lands within Washington and adversely affecting access to, or preservation of, tribal cultural resources.
The legislature intends for the state environmental policy act checklist and guidance be updated to ensure consideration of each of these important health and environmental values.
The department shall add the following as elements of the environment within WAC 197-11-444 and as a component of the environment within WAC 197-11-960, as those sections existed as of the effective date of this section:
Climate change;
Carbon sequestration;
Treaty-protected resources; and
Exposures to environmental pollutants for overburdened communities and vulnerable populations.
A lead agency must, in implementing the requirements of this chapter, consider the elements identified in subsection (1)(a) through (d) of this section in a manner consistent with:
Its consideration of other elements of the environment within WAC 197-11-444; and
The requirements of this section.
Lead agency consideration of the climate change element specified in subsection (1)(a) of this section must include consideration of:
Whether a proposed action may significantly increase life-cycle emissions of greenhouse gases. The department must adopt guidance to define life-cycle emissions of greenhouse gases, and to identify levels of emissions that constitute significant increases with potential adverse effects, based on the nature of a proposed action. Life-cycle emissions must include reasonably foreseeable emissions of greenhouse gases that may be generated outside the physical boundaries or scope of a proposed action. The department must consider the policies of RCW 43.21C.520 and 70A.65.080(9) in adopting guidance under this section; and
Whether a proposed action will assist in achieving climate related goals or policies adopted by the state, including by the legislature or any relevant state agencies. Consideration of this portion of the element for purpose of threshold determinations and substantive authority to mitigate or deny a proposed action under this chapter includes, but is not limited to:
Goals adopted under RCW 36.70A.070(9) and chapters 70A.45, 70A.65, and 19.405 RCW; and
Goals and policies adopted by local and state agencies for retention or restoration of mature complex forests and tree canopy in jurisdictions which may be impacted by the proposed action.
If impacts specified in (b) of this subsection have not been considered in an environmental impact statement accompanying the adoption of a comprehensive plan for a proposed action, notwithstanding any other provision of this chapter, a new analysis and threshold determination must be made based on whether there are significant potential adverse impacts to such climate related goals and policies.
Lead agency consideration of the carbon sequestration element identified in subsection (1)(b) of this section must include consideration of whether a proposed action would significantly reduce potential for, or benefit the sequestration of carbon, including for state and private forestlands, urban forests, soils, agricultural lands, and marine environments. For proposed actions that have the cumulative potential to significantly reduce mature complex forests on state lands, rules or guidance adopted by the department must provide that the proposed action has potential adverse impacts on adopted goals for sequestration and preservation if the proposed action relies on mitigation or natural forces, including in other areas, that will take more than 20 years to restore or achieve.
Lead agency consideration of the treaty-protected resources identified in subsection (1)(c) of this section must include consideration of whether a proposed action preserves, enhances, or adversely affects any treated protected resources, including reducing access to such resources. The department must ensure that consideration of access to treaty-protected resources includes whether tribal members exercising rights to gather, hunt, fish, or consume such treaty-protected resources and to access such cultural resources may have the potential to be exposed to environmental contaminants resulting in potentially significant increased health risks based on reasonable maximum exposure scenarios developed in collaboration or consultation with potentially affected federally recognized tribes. The department must adopt rules or guidance to ensure that revisions or reviews of previously adopted plans, orders, or permits that have not specifically considered the impact on treaty-protected resources or ensured that health impacts will not exceed standards utilizing a reasonable maximum exposure scenario considering exercise of treaty rights are subject to a new threshold determination and review under this section.
Lead agency consideration of the exposures to environmental pollutants for overburdened communities and vulnerable populations identified in subsection (1)(d) of this section must include consideration of whether a proposed action will result in exposures to environmental pollutants for overburdened communities and vulnerable populations with the potential to have significant adverse health effects on residents and vulnerable populations that are disparately greater than the prevalence or incidence of such health effects in other comparable communities or populations. This threshold screening analysis may rely on screening and map tools adopted by the department, the department of health, or recommended by the environmental justice council established in chapter 70A.02 RCW, and must include consideration of cumulative impacts in such overburdened communities and vulnerable populations in conjunction with other social determinants of health.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Department" means the department of ecology.
"Overburdened community" has the same meaning as in RCW 70A.02.010.
"Vulnerable population" has the same meaning as in RCW 70A.02.010.
"Treaty-protected resources" includes natural or cultural resources of any federally recognized tribe with rights reserved to access, utilize, or otherwise benefit tribal members on lands and waters within Washington which were ceded to the United States, or which are considered to be "Indian country" as provided in 18 U.S.C. Sec. 1151 or "tribal lands" as defined in RCW 70A.02.010.