wa-law.org > bill > 2025-26 > SB 5360 > Second Engrossed Substitute
The legislature finds that:
Washington is a state of great beauty and natural resources. It is vital to preserve these resources to ensure that future generations can benefit and enjoy the state's abundance. Washington has long been a national and international leader in environmental stewardship, including air and water quality protection and natural resource conservation. It is the objective of the legislature to maintain the chemical, physical, and biological integrity of the state's water, air, and other natural resources to protect human health and the environment for all Washingtonians.
Washington is home to a rich and diverse economy including aerospace, construction, farming, fishing, logging, manufacturing, mining, ranching, technology, and many other industries. These industries drive Washington's vibrant economy and have helped improve the quality of life for many in Washington. Washingtonians and our businesses care deeply about the state's environment and work hard to comply with environmental regulations to ensure a safe and sustainable environment. It is vital to the future of Washington to continue to have robust agricultural and industrial sectors to promote prosperity for all Washingtonians.
Environmental violations can cause significant harm to human health and the environment that can last for generations. Effective enforcement of environmental laws includes criminal enforcement for the most egregious violations of environmental statutes and regulations. The availability of criminal enforcement of environmental laws deters bad actors because environmental crimes are often deliberately committed to enhance profit, avoid cost, or achieve a competitive advantage against businesses that follow environmental laws and regulations.
Therefore, it is the intent of the legislature to prohibit acts that are completed knowingly or represent a gross deviation from a reasonable standard of care and not to penalize accidents or mistakes that occur in the normal course of business through no fault of an operator.
A person is guilty of a violation of this chapter in the first degree if the person knowingly violates any provisions of this chapter or chapter 90.56 RCW, or any permit issued under this chapter or Title 33 of the United States Code, and the person knows at the time that the conduct constituting the violation places another person in imminent danger of death or substantial bodily harm.
An entity is guilty of the offense described in subsection (1) of this section if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation. For purposes of confinement, those separate and additional violations that are continuous must be considered the same criminal conduct as described in RCW 9.94A.589.
A violation of this chapter in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
Conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a violation of this section.
It is an affirmative defense to a crime charged pursuant to this section, if established by the defendant by a preponderance of the evidence, that the defendant:
Did not know the conduct was unlawful;
Acted within the scope of their employment; and
Engaged in the otherwise unlawful conduct under orders from the employer.
Nothing in this section applies to silt and sediment discharges permitted by a construction stormwater general permit issued under this chapter.
It is not a violation of this chapter if the conduct constituting the alleged violation was performed by a person at the direction of the applicable permitting agency.
For the purposes of this section:
"Imminent danger" means that there is a substantial likelihood that harm will be experienced should the danger not be eliminated.
"Knows" or "knowingly" have the same meaning as "knowledge" provided in RCW 9A.08.010.
"Substantial bodily harm" has the same meaning as that term is defined in RCW 9A.04.110.
A person is guilty of a violation of this chapter in the second degree if the person, under circumstances not amounting to a violation of this chapter in the first degree, knowingly violates any of the provisions of this chapter or chapter 90.56 RCW, or any permit issued under this chapter or Title 33 of the United States Code.
An entity is guilty of the offense described in subsection (1) of this section if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation. For purposes of confinement, those separate and additional violations that are continuous must be considered the same criminal conduct as described in RCW 9.94A.589.
A violation of this chapter in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
Conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a violation of this section.
It is an affirmative defense to a crime charged pursuant to this section, if established by the defendant by a preponderance of the evidence, that the defendant:
Did not know the conduct was unlawful;
Acted within the scope of their employment; and
Engaged in the otherwise unlawful conduct under orders from the employer.
Nothing in this section applies to silt and sediment discharges permitted by a construction stormwater general permit issued under this chapter.
It is not a violation of this chapter if the conduct constituting the alleged violation was performed by a person at the direction of the applicable permitting agency.
For the purposes of this section, "knowingly" has the same meaning as "knowledge" provided in RCW 9A.08.010.
A person is guilty of a violation of this chapter in the third degree if the person, under circumstances not amounting to a violation of this chapter in the first or second degree, while acting with criminal negligence, violates any of the provisions of this chapter or chapter 90.56 RCW, or any permit issued under this chapter or Title 33 of the United States Code.
An entity is guilty of the offense described in subsection (1) of this section if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation. For purposes of confinement, those separate and additional violations that are continuous must be considered the same criminal conduct.
A violation of this chapter in the third degree is a gross misdemeanor punishable by a fine of up to $10,000 and costs of prosecution, by imprisonment in the county jail for up to 364 days, or by both such fine and imprisonment in the discretion of the court.
Conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a violation of this section.
Nothing in this section applies to silt and sediment discharges permitted by a construction stormwater general permit issued under this chapter.
It is not a violation of this chapter if the conduct constituting the alleged violation was performed by a person at the direction of the applicable permitting agency.
For the purposes of this section, "criminal negligence" has the same meaning as that term is defined in RCW 9A.08.010.
It is contrary to public policy to terminate or discipline an employee for refusing to violate this chapter, or for providing information about a violation of this chapter to a supervisor or government agency.
Within existing resources, the department shall prepare information about the criminal penalty provisions in this chapter, as well as the circumstances and conduct that could subject someone to those provisions, and make such information available on a website maintained by the department.
Whenever the department issues a new permit or renews an existing permit under this chapter, the department shall provide the applicant with information about the criminal penalty provisions in this chapter and the circumstances and conduct that could subject someone to those provisions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A person is guilty of a violation of this chapter in the first degree if the person knowingly releases into the ambient air any substance adopted by rule by the department as a hazardous or toxic air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and the person knows at the time that he or she thereby places:
Another person in imminent danger of death or substantial bodily harm; or
Any property of another person, or any natural resources owned by the state of Washington, or any of its local governments, in imminent danger of harm.
An entity is guilty of the offense described in subsection (1) of this section if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation. For purposes of confinement, those separate and additional violations that are continuous must be considered the same criminal conduct as described in RCW 9.94A.589.
A violation of this chapter in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
Nothing in this section shall apply to:
Activities permitted by the department of natural resources under RCW 70A.15.5120(1);
Conditions meeting the exemption under RCW 70A.15.4530(1);
Air pollutants emitted in compliance with chapter 17.21 RCW; or
Outdoor burning in compliance with permits issued by a state or local authority to reduce wildfire risk, to improve ecosystem health and resiliency, or to restore native plant communities on prairie, grassland, or shrub-steppe landscapes.
Conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a violation of this section.
It is an affirmative defense to a crime charged pursuant to this section, if established by the defendant by a preponderance of the evidence, that the defendant:
Did not know the conduct was unlawful;
Acted within the scope of their employment; and
Engaged in the otherwise unlawful conduct under orders from the employer.
It is not a violation of this chapter if the conduct constituting the alleged violation was performed by a person at the direction of the applicable permitting agency.
For the purposes of this section:
"Air pollutant" does not include:
An odorous substance unless it is adopted by rule by the department as hazardous or toxic; or
Ammonia emissions resulting from the storage, distribution, transport, or application of ammonia for use as an agricultural or silvicultural fertilizer as described in RCW 70A.15.4540.
"Imminent danger" means that there is a substantial likelihood that harm will be experienced should the danger not be eliminated.
"Knows" or "knowingly" have the same meaning as "knowledge" provided in RCW 9A.08.010.
"Substantial bodily harm" has the same meaning as that term is defined in RCW 9A.04.110.
A person is guilty of a violation of this chapter in the second degree if the person, under circumstances not amounting to a violation of this chapter in the first degree:
Knowingly violates any of the provisions of this chapter or chapter 70A.25, 70A.60, or 70A.535 RCW, or any ordinance, resolution, or regulation in force pursuant thereto; or
While acting with criminal negligence, releases into the ambient air any substance adopted by rule by the department as a hazardous or toxic air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and:
Places another person in imminent danger of death or substantial bodily harm; or
Places any property of another person, or any natural resources owned by the state of Washington, or any of its local governments, in imminent danger of harm.
An entity is guilty of the offense described in subsection (1) of this section if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation. For purposes of confinement, those separate and additional violations that are continuous must be considered the same criminal conduct as described in RCW 9.94A.589.
A violation of this chapter in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
Nothing in this section shall apply to:
Activities permitted by the department of natural resources under RCW 70A.15.5120(1);
Conditions meeting the exemption under RCW 70A.15.4530(1);
Air pollutants emitted in compliance with chapter 17.21 RCW; or
Outdoor burning in compliance with permits issued by a state or local authority to reduce wildfire risk, to improve ecosystem health and resiliency, or to restore native plant communities on prairie, grassland, or shrub-steppe landscapes.
Conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a violation of this section.
It is an affirmative defense to a crime charged pursuant to this section, if established by the defendant by a preponderance of the evidence, that the defendant:
Did not know the conduct was unlawful;
Acted within the scope of their employment; and
Engaged in the otherwise unlawful conduct under orders from the employer.
It is not a violation of this chapter if the conduct constituting the alleged violation was performed by a person at the direction of the applicable permitting agency.
For the purposes of this section:
"Air pollutant" does not include:
An odorous substance unless it is adopted by rule by the department as hazardous or toxic; or
Ammonia emissions resulting from the storage, distribution, transport, or application of ammonia for use as an agricultural or silvicultural fertilizer as described in RCW 70A.15.4540.
"Criminal negligence" has the same meaning as that term is defined in RCW 9A.08.010.
"Imminent danger" means that there is a substantial likelihood that harm will be experienced should the danger not be eliminated.
"Knowingly" has the same meaning as "knowledge" provided in RCW 9A.08.010.
"Substantial bodily harm" has the same meaning as that term is defined in RCW 9A.04.110.
A person is guilty of a violation of this chapter in the third degree if the person, under circumstances not amounting to a violation of this chapter in the first or second degree:
While acting with criminal negligence, violates any of the provisions of this chapter or chapter 70A.25, 70A.60, or 70A.535 RCW, or any ordinance, resolution, or regulation in force pursuant thereto; or
Knowingly fails to disclose a potential conflict of interest under RCW 70A.15.2000.
An entity is guilty of the offense described in subsection (1) of this section if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation. For purposes of confinement, those separate and additional violations that are continuous must be considered the same criminal conduct.
A violation of this chapter in the third degree is a gross misdemeanor and upon conviction shall be punishable by a fine of not more than $10,000, by imprisonment in the county jail for up to 364 days, or by both such fine and imprisonment in the discretion of the court.
Nothing in this section shall apply to:
Activities permitted by the department of natural resources under RCW 70A.15.5120(1);
Conditions meeting the exemption under RCW 70A.15.4530(1);
Air pollutants emitted in compliance with chapter 17.21 RCW; or
Outdoor burning in compliance with permits issued by a state or local authority to reduce wildfire risk, to improve ecosystem health and resiliency, or to restore native plant communities on prairie, grassland, or shrub-steppe landscapes.
Conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a violation of this section.
It is not a violation of this chapter if the conduct constituting the alleged violation was performed by a person at the direction of the applicable permitting agency.
For the purposes of this section:
"Air pollutant" does not include:
An odorous substance unless it is adopted by rule by the department as hazardous or toxic; or
Ammonia emissions resulting from the storage, distribution, transport, or application of ammonia for use as an agricultural or silvicultural fertilizer as described in RCW 70A.15.4540.
"Criminal negligence" has the same meaning as that term is defined in RCW 9A.08.010.
"Knowingly" has the same meaning as "knowledge" provided in RCW 9A.08.010.
It is contrary to public policy to terminate or discipline an employee for refusing to violate this chapter, or for providing information about a violation of this chapter to a supervisor or government agency.
Within existing resources, the department shall prepare information about the criminal penalty provisions in this chapter, as well as the circumstances and conduct that could subject someone to those provisions, and make such information available on a website maintained by the department.
Whenever the department issues a new permit or renews an existing permit under this chapter, the department shall provide the applicant with information about the criminal penalty provisions in this chapter and the circumstances and conduct that could subject someone to those provisions.
A person is guilty of a violation of this chapter in the first degree if the person knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter and the person knows at the time that the conduct constituting the violation:
Places another person in imminent danger of death or substantial bodily harm; or
Places any property of another person, any natural resources owned by the state of Washington, or any of its local governments, in imminent danger of harm.
An entity is guilty of the offense described in subsection (1) of this section if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation. For purposes of confinement, those separate and additional violations that are continuous must be considered the same criminal conduct as described in RCW 9.94A.589.
A violation of this chapter in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
Conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a violation of this section.
It is an affirmative defense to a crime charged pursuant to this section, if established by the defendant by a preponderance of the evidence, that the defendant:
Did not know the conduct was unlawful;
Acted within the scope of their employment; and
Engaged in the otherwise unlawful conduct under orders from the employer.
It is not a violation of this chapter if the conduct constituting the alleged violation was performed by a person at the direction of the applicable permitting agency.
For the purposes of this section:
"Imminent danger" means that there is a substantial likelihood that harm will be experienced should the danger not be eliminated.
"Knows" or "knowingly" have the same meaning as "knowledge" provided in RCW 9A.08.010.
"Substantial bodily harm" has the same meaning as that term is defined in RCW 9A.04.110.
A person is guilty of a violation of this chapter in the second degree if the person, under circumstances not amounting to a violation of this chapter in the first degree, knowingly violates any provisions of this chapter, or the rules implementing this chapter.
An entity is guilty of the offense described in subsection (1) of this section if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation. For purposes of confinement, those separate and additional violations that are continuous must be considered the same criminal conduct as described in RCW 9.94A.589.
A violation of this chapter in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
Conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a violation of this section.
It is an affirmative defense to a crime charged pursuant to this section, if established by the defendant by a preponderance of the evidence, that the defendant:
Did not know the conduct was unlawful;
Acted within the scope of their employment; and
Engaged in the otherwise unlawful conduct under orders from the employer.
It is not a violation of this chapter if the conduct constituting the alleged violation was performed by a person at the direction of the applicable permitting agency.
For the purposes of this section, "knowingly" has the same meaning as "knowledge" provided in RCW 9A.08.010.
A person is guilty of a violation of this chapter in the third degree if the person, under circumstances not amounting to a violation of this chapter in the first or second degree, while acting with criminal negligence, violates any provisions of this chapter, or the rules implementing this chapter.
An entity is guilty of the offense described in subsection (1) of this section if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation. For purposes of confinement, those separate and additional violations that are continuous must be considered the same criminal conduct.
A violation of this chapter in the third degree is a gross misdemeanor and upon conviction shall be punishable by a fine of not more than $10,000, by imprisonment in the county jail for up to 364 days, or by both such fine and imprisonment in the discretion of the court.
Conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a violation of this section.
It is not a violation of this chapter if the conduct constituting the alleged violation was performed by a person at the direction of the applicable permitting agency.
For the purposes of this section, "criminal negligence" has the same meaning as that term is defined in RCW 9A.08.010.
It is contrary to public policy to terminate or discipline an employee for refusing to violate this chapter, or for providing information about a violation of this chapter to a supervisor or government agency.
Within existing resources, the department shall prepare information about the criminal penalty provisions in this chapter, as well as the circumstances and conduct that could subject someone to those provisions, and make such information available on a website maintained by the department.
Whenever the department issues a new permit or renews an existing permit under this chapter, the department shall provide the applicant with information about the criminal penalty provisions in this chapter and the circumstances and conduct that could subject someone to those provisions.
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI
Aggravated Murder 1 (RCW 10.95.020)
XV
Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV
Murder 2 (RCW 9A.32.050)
Trafficking 1 (RCW 9A.40.100(1))
XIII
Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII
Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
Trafficking 2 (RCW 9A.40.100(3))
XI
Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
X
Child Molestation 1 (RCW 9A.44.083)
Criminal Mistreatment 1 (RCW 9A.42.020)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Malicious explosion 3 (RCW 70.74.280(3))
Sexually Violent Predator Escape (RCW 9A.76.115)
IX
Abandonment of Dependent Person 1 (RCW 9A.42.060)
Assault of a Child 2 (RCW 9A.36.130)
Explosive devices prohibited (RCW 70.74.180)
Hit and RunDeath (RCW 46.52.020(4)(a))
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Malicious placement of an explosive 2 (RCW 70.74.270(2))
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
VIII
Arson 1 (RCW 9A.48.020)
Commercial Sexual Abuse of a Minor (RCW 9.68A.100)
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Promoting Prostitution 1 (RCW 9A.88.070)
Theft of Ammonia (RCW 69.55.010)
VII
Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b))
Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b))
Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Civil Disorder Training (RCW 9A.48.120)
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))
Drive-by Shooting (RCW 9A.36.045)
False Reporting 1 (RCW 9A.84.040(2)(a))
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140)
Malicious placement of an explosive 3 (RCW 70.74.270(3))
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b))
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1))
Unlawful Storage of Ammonia (RCW 69.55.020)
V
Abandonment of Dependent Person 2 (RCW 9A.42.070)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Air bag diagnostic systems (RCW 46.37.660(2)(c))
Air bag replacement requirements (RCW 46.37.660(1)(c))
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 2 (RCW 9A.42.030)
Custodial Sexual Misconduct 2 (RCW 9A.44.170)
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))
Domestic Violence Court Order Violation (RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or 26.52.070)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW 9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c))
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW 9.94.070)
Possession of a Stolen Firearm (RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c))
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Sexually Violating Human Remains (RCW 9A.44.105)
Stalking (RCW 9A.46.110)
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
IV
Animal Fighting (with intentional mutilation) (RCW 16.52.117(2)(b))
Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))
Assault 4 (third domestic violence offense) (RCW 9A.36.041(3))
Assault by Watercraft (RCW 79A.60.060)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Cheating 1 (RCW 9.46.1961)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Driving While Under the Influence (RCW 46.61.502(6))
Endangerment with a Controlled Substance (RCW 9A.42.100)
Escape 1 (RCW 9A.76.110)
Hate Crime (RCW 9A.36.080)
Hit and RunInjury (RCW 46.52.020(4)(b))
Hit and Run with VesselInjury Accident (RCW 79A.60.200(3))
Identity Theft 1 (RCW 9.35.020(2))
Indecent Exposure to Person Under Age 14 (subsequent sex offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Trafficking in Catalytic Converters 1 (RCW 9A.82.190)
Trafficking in Stolen Property 1 (RCW 9A.82.050)
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
Unlawful transaction of insurance business (RCW 48.15.023(3))
Unlicensed practice as an insurance professional (RCW 48.17.063(2))
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3))
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))
III
Animal Cruelty 1 (RCW 16.52.205)
Animal Fighting (without intentional mutilation) (RCW 16.52.117(2)(a))
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
Burglary 2 (RCW 9A.52.030)
Clean Air Act Violation 1 (section 8 of this act)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Custodial Assault (RCW 9A.36.100)
Cyber Harassment (RCW 9A.90.120(2)(b))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
False Reporting 2 (RCW 9A.84.040(2)(b))
Harassment (RCW 9A.46.020)
Hazardous Waste Management Act Violation 1 (section 13 of this act)
Hazing (RCW 28B.10.901(2)(b))
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Malicious Injury to Railroad Property (RCW 81.60.070)
Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190)
Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325)
Mortgage Fraud (RCW 19.144.080)
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
Organized Retail Theft 1 (RCW 9A.56.350(2))
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW 9.40.120)
Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2))
Securities Act violation (RCW 21.20.400)
Tampering with a Witness (RCW 9A.72.120)
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
Theft of Livestock 2 (RCW 9A.56.083)
Theft with the Intent to Resell 1 (RCW 9A.56.340(2))
Trafficking in Catalytic Converters 2 (RCW 9A.82.200)
Trafficking in Stolen Property 2 (RCW 9A.82.055)
Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))
Unlawful Imprisonment (RCW 9A.40.040)
Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3))
Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
Water Pollution Control Act Violation 1 (section 2 of this act)
II
Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b))
Computer Trespass 1 (RCW 9A.90.040)
Counterfeiting (RCW 9.16.035(3))
Electronic Data Service Interference (RCW 9A.90.060)
Electronic Data Tampering 1 (RCW 9A.90.080)
Electronic Data Theft (RCW 9A.90.100)
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))
Escape from Community Custody (RCW 72.09.310)
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132)
Health Care False Claims (RCW 48.80.030)
Identity Theft 2 (RCW 9.35.020(3))
Improperly Obtaining Financial Information (RCW 9.35.010)
Malicious Mischief 1 (RCW 9A.48.070)
Organized Retail Theft 2 (RCW 9A.56.350(3))
Possession of Stolen Property 1 (RCW 9A.56.150)
Possession of a Stolen Vehicle (RCW 9A.56.068)
Possession, sale, or offering for sale of seven or more unmarked catalytic converters (RCW 9A.82.180(5))
Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3))
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100)
Theft 1 (RCW 9A.56.030)
Theft of a Motor Vehicle (RCW 9A.56.065)
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $5,000 or more) (RCW 9A.56.096(5)(a))
Theft with the Intent to Resell 2 (RCW 9A.56.340(3))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))
Unlawful Practice of Law (RCW 2.48.180)
Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
Voyeurism 1 (RCW 9A.44.115)
I
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Clean Air Act Violation 2 (section 9 of this act)
False Verification for Welfare (RCW 74.08.055)
Forgery (RCW 9A.60.020)
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
Hazardous Waste Management Act Violation 2 (section 14 of this act)
Malicious Mischief 2 (RCW 9A.48.080)
Mineral Trespass (RCW 78.44.330)
Possession of Stolen Property 2 (RCW 9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Spotlighting Big Game 1 (RCW 77.15.450(3)(b))
Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
Theft 2 (RCW 9A.56.040)
Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2))
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $750 or more but less than $5,000) (RCW 9A.56.096(5)(b))
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
Unlawful Production of Payment Instruments (RCW 9A.56.320)
Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))
Unlawful Trafficking in Food Stamps (RCW 9.91.142)
Unlawful Use of Food Stamps (RCW 9.91.144)
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))
Vehicle Prowl 1 (RCW 9A.52.095)
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))
Water Pollution Control Act Violation 2 (section 3 of this act)
At least thirty days prior to the commencement of any formal enforcement action under RCW 70A.15.3160, a local air authority shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order directing that necessary corrective action be taken within a reasonable time. In lieu of an order, the board or the control officer may require that the alleged violator or violators appear before the board for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet with the local air authority prior to the commencement of enforcement action.
At least thirty days prior to the commencement of any formal enforcement action under RCW 70A.15.3160, the department of ecology shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time. In lieu of an order, the department may require that the alleged violator or violators appear before it for the purpose of providing the department information pertaining to the violation or the charges complained of. Every notice of violation shall offer to the alleged violator an opportunity to meet with the department prior to the commencement of enforcement action.
The department of health shall have all the enforcement powers as provided in RCW 70A.15.3010, 70A.15.3140, 70A.15.3160 (1) through (7), and 70A.15.3170 with respect to emissions of radionuclides. This section does not preclude the department of ecology from exercising its authority under this chapter.
Permits for energy facilities subject to chapter 80.50 RCW shall be issued by the energy facility site evaluation council. However, the permits become effective only if the governor approves an application for certification and executes a certification agreement under chapter 80.50 RCW. The council shall have all powers necessary to administer an operating permits program pertaining to such facilities, consistent with applicable air quality standards established by the department or local air pollution control authorities, or both, and to obtain the approval of the United States environmental protection agency. The council's powers include, but are not limited to, all of the enforcement powers provided in RCW 70A.15.3010, 70A.15.3140, 70A.15.3160 (1) through (7), and 70A.15.3170 with respect to permit program sources required to obtain certification from the council under chapter 80.50 RCW. To the extent not covered under RCW 80.50.071, the council may collect fees as granted to delegated local air authorities under RCW 70A.15.2210, 70A.15.2260 (14) and (15), 70A.15.2270, and 70A.15.2230(7) with respect to permit program sources required to obtain certification from the council under chapter 80.50 RCW. The council and the department shall each establish procedures that provide maximum coordination and avoid duplication between the two agencies in carrying out the requirements of this chapter.
By July 1, 2026, and thereafter annually, the office of the attorney general shall report to the appropriate committees of the legislature regarding criminal enforcement actions brought by that office before a court of law under chapters 70A.15, 70A.300, and 90.48 RCW, including a summary of all cases filed in the preceding year and any case resolutions reached during that period.
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.