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2021 Senate Bill 5141: Implementing the recommendations of the environmental justice task force
Introduced by Sen. Rebecca Saldaña (Seattle) (D) on January 12, 2021
Referred to the Senate Environment, Energy & Technology Committee on January 12, 2021
Substitute offered in the Senate on February 9, 2021
Establishes environmental justice plan implementation, equitable community engagement and public participation, tribal consultation, assessment, and budget and funding obligation requirements for the departments of Health, Ecology, Agriculture, Natural Resources, Commerce, and Transportation, and the Puget Sound Partnership.
Referred to the Senate Ways & Means Committee on February 10, 2021
Amendment offered in the Senate on February 19, 2021
Amends the definition of "significant agency action" to mean an agency action that may cause environmental harm or may affect the equitable distribution of environmental benefits to an overburdened community or a vulnerable population, consistent with guidance issued.
Referred to the Senate Rules Committee on February 22, 2021
Amendment offered by Sen. Perry Dozier (Walla Walla) (R) on March 1, 2021
Requires environmental justice assessments to consider economic benefits and losses to overburdened communities, vulnerable populations, and local governments.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Phil Fortunato (Auburn) (R) on March 1, 2021
Provides that an environmental justice assessment may not be used as the basis for denying a permit or other similar approval.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Phil Fortunato (Auburn) (R) on March 1, 2021
Defines "vulnerable populations" to include blue collar workers who face job loss resulting from the just transition to a clean energy economy.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Phil Fortunato (Auburn) (R) on March 1, 2021
Prohibits the approval of a project that would generate credits under a clean fuel standard program until an environmental justice assessment concludes that the project will not result in environmental harms to an overburdened community.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Steve Hobbs (Lake Stevens) (D) on March 1, 2021
Requires spending decisions made by state transportation agencies under section 16 of this act to: (1) Be consistent with transportation budget bill appropriations; and (2) Be restricted to discretionary spending authority only.
The amendment passed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Mark Mullet (Issaquah) (D) on March 1, 2021
Specifies that the definition of "significant agency action," agency development of the environmental justice assessment process, and agency incorporation of environmental justice principles in budget and funding development processes are in consideration of guidelines developed by the council, rather than consistent with or following the guidelines developed by the council. Provides that the identification and prioritization of significant agency actions for environmental justice assessments is a suggested identification and prioritization. Provides that the schedule and timeline developed by the council for significant agency actions subject to environmental justice assessment and funding and expenditure decisions subject to rules and criteria incorporating environmental justice principles, is a suggested schedule and timeline.
The amendment passed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Rebecca Saldaña (Seattle) (D) on March 1, 2021
Removes tribal and indigenous populations from the definition of vulnerable populations.
The amendment passed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Rebecca Saldaña (Seattle) (D) on March 1, 2021
Requires the council to report to the Governor and the Legislature by November 30, 2022, on its recommendations for significant agency actions subject to environmental justice assessment, summary of agency progress reports, and guidance for agencies implementing environmental justice requirements.
The amendment passed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Shelly Short (Addy) (R) on March 1, 2021
Provides that an agency's alleged failure to comply with the act may not subject any application, approval, permit, or project to a challenge before an agency or court.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Shelly Short (Addy) (R) on March 1, 2021
Defines "environmental harm" to include economic impacts from job loss or loss of purchasing power resulting from government regulation.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Shelly Short (Addy) (R) on March 1, 2021
Prohibits the approval of a project proposed for the purpose of complying with the Washington Clean Energy Transformation Act until an environmental justice assessment concludes that the project will not result in environmental harms to an overburdened community.
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Shelly Short (Addy) (R) on March 1, 2021
Provides that the role of the Environmental Justice Council is purely advisory and that council decisions are not binding on an agency, individual, or organization.
The amendment passed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Judy Warnick (Grant) (R) on March 1, 2021
Includes exposure to rare earth elements in energy or transportation technologies in the definition of "environmental harm.".
The amendment failed by voice vote in the Senate on March 1, 2021
Amendment offered by Sen. Jeff Wilson (Longview) (R) on March 1, 2021
Defines "environmental benefits" to include the creation of jobs through the approval of economic development projects in overburdened communities.
The amendment failed by voice vote in the Senate on March 1, 2021
Establishes environmental justice plan implementation, equitable community engagement and public participation, tribal consultation, assessment, and budget and funding obligation requirements for the departments of Health, Ecology, Agriculture, Natural Resources, Commerce, and Transportation, and the Puget Sound Partnership.
Received in the House on March 3, 2021
Referred to the House Environment & Energy Committee on March 3, 2021
Referred to the House Appropriations Committee on March 26, 2021
Amendment offered by Rep. Joe Fitzgibbon (West Seattle) (D) on April 10, 2021
Striking Ameendment. Establishes environmental justice plan implementation, equitable community engagement and public participation, tribal consultation, assessment, and budget and funding obligation requirements for the departments of Health, Ecology, Agriculture, Natural Resources, Commerce, and Transportation, and the Puget Sound Partnership. • Establishes the Environmental Justice Council to adopt guidelines in coordination with an interagency workgroup to be considered by agencies, evaluate the progress of agencies implementing environmental justice requirements, recommend the identification and prioritization of actions for assessments, and provide a forum for the public to testify on environmental justice concerns.
The amendment passed by voice vote in the House on April 10, 2021
Amendment offered by Rep. Andrew Barkis (Pierce) (R) on April 10, 2021
Makes the Department of Transportation's new environmental justice-related duties contingent upon the availability of amounts appropriated for this specific purpose.
The amendment failed by voice vote in the House on April 10, 2021
Amendment offered by Rep. Chris Corry (Yakima) (R) on April 10, 2021
Pecifies that environmental justice assessments by covered agencies are satisfied by the completion of a checklist that functions akin to an environmental checklist under the State Environmental Policy Act (SEPA), and that contains the environmental justice assessment criteria specified in the underlying striking amendment. Requires covered agencies to use cumulative environmental health impact analysis as part of environmental justice assessments only where applicable. Authorizes covered agencies to include items in the checklist beyond the minimum requirements of the checklist.
The amendment passed by voice vote in the House on April 10, 2021
Amendment offered by Rep. Chris Corry (Yakima) (R) on April 10, 2021
Pecifies that environmental justice assessments by covered agencies are satisfied by the completion of a checklist that functions akin to an environmental checklist under the State Environmental Policy Act (SEPA), and that contains the environmental justice assessment criteria specified in the underlying striking amendment. Requires covered agencies to use cumulative environmental health impact analysis as part of environmental justice assessments only where applicable. Authorizes covered agencies to include items in the checklist beyond the minimum requirements of the checklist.
The amendment passed by voice vote in the House on April 10, 2021
Amendment offered by Rep. Mary Dye (Adams) (R) on April 10, 2021
Prohibits covered agencies from contracting with entities that employ registered lobbyists for purposes of implementing environmental justice responsibilities.
The amendment passed by voice vote in the House on April 10, 2021
Amendment offered by Rep. Mary Dye (Adams) (R) on April 10, 2021
Requires covered agencies to identify overburdened communities in such a way as to allow the measurement of the performance effectiveness of the environmental justice obligations of covered agencies.
The amendment passed by voice vote in the House on April 10, 2021
Amendment offered by Rep. Mary Dye (Adams) (R) on April 10, 2021
Requires each covered agency to report by July 1, 2022, to the Office of Financial Management on the geographic extent, acreage, and population of overburdened communities identified by the covered agency. States an intent for covered agencies to report information to the Office of Financial Management, as part of their annual reports, in such a manner to allow the public to evaluate whether there has been a reduction in the physical space or number of people that reside in areas that experience heightened risk of environmental harm subsequent to the implementation of environmental justice responsibilities by covered agencies.
The amendment failed by voice vote in the House on April 10, 2021
Amendment offered by Rep. Joe Fitzgibbon (West Seattle) (D) on April 10, 2021
Clarifies that the identification of the expected impacts on tribal rights and resources of proposed significant agency actions undergoing an environmental justice assessment be identified by covered agencies through the tribal consultation process that is required for significant agency actions. Eliminates the requirement that covered agency consultations with federally recognized Indian tribes be done in accordance with the existing state statute that addresses tribal consultation.
The amendment passed by voice vote in the House on April 10, 2021
Received in the Senate on April 20, 2021
Senate concurred in House amendment(s).
Signed by Gov. Jay Inslee on May 17, 2021