CERTIFICATION OF ENROLLMENT
SECOND ENGROSSED SUBSTITUTE HOUSE BILL 1282
Chapter 344, Laws of 2024
68th Legislature
2024 Regular Session
PUBLIC BUILDING CONSTRUCTION AND RENOVATION—ENVIRONMENTAL AND LABOR
REPORTING
EFFECTIVE DATE: June 6, 2024
Passed by the House March 5, 2024 CERTIFICATE
Yeas 57 Nays 39
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is SECOND
Representatives ENGROSSED SUBSTITUTE HOUSE BILL
1282 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate March 1, 2024
Yeas 28 Nays 20
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved March 28, 2024 2:31 PM FILED
March 29, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SECOND ENGROSSED SUBSTITUTE HOUSE BILL 1282
AS AMENDED BY THE SENATE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Capital Budget (originally sponsored by Representatives
Duerr, Hackney, Berry, Ramel, Doglio, Reed, and Pollet; by request of
Department of Commerce)
READ FIRST TIME 02/17/23.
1 AN ACT Relating to environmental and labor reporting for public
2 building construction and renovation material; amending RCW
3 43.88.0301; adding a new chapter to Title 39 RCW; creating new
4 sections; and providing an expiration date.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. The legislature finds and declares that:
7 (1) Washington state, through its extensive purchasing power, can
8 reduce embodied carbon in the built environment, improve human and
9 environmental health, grow economic competitiveness, and promote high
10 labor standards in manufacturing by incorporating climate and other
11 types of pollution impacts and the quality of working conditions into
12 the procurement process.
13 (2) Washington state is home to multiple world-class
14 manufacturers that are investing heavily in reducing the carbon
15 intensity of their products and that provide family-wage jobs that
16 are the foundation for a fair and robust economy. Washington's
17 procurement practices should encourage manufacturers and others to
18 meet high environmental and labor standards and reduce their
19 environmental footprint.
20 (3) The private sector is increasingly demanding low carbon
21 building materials that support good jobs in manufacturing. This
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 1 market demand has rapidly accelerated innovation and led to increased
2 production of low carbon building materials. As one of the largest
3 consumers of building materials, Washington state has an opportunity
4 to leverage its purchasing power to do even more to send a clear
5 signal to the market of the growing demand for low carbon building
6 materials.
7 (4) With its low carbon electric grid and highly skilled
8 workforce, Washington state is well-positioned to capture the growing
9 demand for low carbon building materials and create and sustain a new
10 generation of good, high-wage clean manufacturing jobs.
11 (5) Washington has demonstrated a deep commitment to ensuring
12 that the transition to a low carbon economy is fair and creates
13 family-wage jobs. Both the clean energy transformation act and the
14 climate commitment act tie public investments in infrastructure to
15 reducing greenhouse gas emissions and to high road construction labor
16 standards. Integrating manufacturing working conditions into the
17 procurement process reaffirms and is consistent with the state's
18 commitment to a fair transition.
19 (6) A robust state and domestic supply of low carbon materials is
20 critical for building a fair economy and meeting the needs of the low
21 carbon transition, including securing the clean energy supply chain.
22 (7) Environmental product declarations are the best available
23 tool for reporting product-specific environmental impacts using a
24 life-cycle assessment and informing the procurement of low carbon
25 building materials. Environmental product declarations cannot be used
26 to compare products across different product categories or different
27 functional units.
28 (8) The buy clean and buy fair policies established in this act
29 are critical to reduce embodied carbon in the built environment, a
30 goal identified by the Washington state 2021 energy strategy to meet
31 the state's greenhouse gas emission limits, governor Inslee's
32 Executive Order 20-01 on state efficiency and environmental
33 performance, and the Pacific coast collaborative's pathbreaking low
34 carbon construction task force.
35 (9) Reducing embodied carbon in the built environment requires a
36 holistic, comprehensive approach that includes designing buildings
37 with a lower-embodied carbon footprint and making lower carbon
38 products. Policies like the buy clean and buy fair policies
39 established in this act are an important tool for increasing the
40 manufacture of lower carbon products.
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 1 (10) The 2021-2023 biennium budgets made critical progress on the
2 buy clean and buy fair policies in this act by funding the creation
3 of a publicly accessible database to facilitate reporting and promote
4 transparency on building materials purchased for state-funded
5 infrastructure projects and two large buy clean and buy fair pilot
6 projects. This ongoing work to create a database to facilitate
7 reporting of environmental impacts and labor conditions from pilot
8 projects has provided a strong foundation to inform future work on
9 buy clean and buy fair policies.
10 (11) Providing financial assistance to small manufacturers to
11 support the production of environmental product declarations will
12 help small manufacturers offset costs they might incur when pursuing
13 state contracting as a result of the requirements of this act.
14 NEW SECTION. Sec. 2. The definitions in this section apply
15 throughout this chapter unless the context clearly requires
16 otherwise.
17 (1) "Actual production facilities" means the final manufacturing
18 facility and the facilities at which production processes occur that
19 contribute to 70 percent or more of the product's cradle-to-gate
20 global warming potential, as reflected in the environmental product
21 declaration.
22 (2) "Awarding authority" means:
23 (a) Institutions of higher education as defined in RCW
24 28B.92.030;
25 (b) The department of enterprise services, the department of
26 natural resources, the state parks and recreation commission, the
27 department of fish and wildlife, and the department of
28 transportation; and
29 (c) Any other state government agency that receives funding from
30 the omnibus capital appropriations act for a public works project
31 contracted directly by the state agency.
32 (3) "Covered product" includes:
33 (a) Structural concrete products, including ready mix, shotcrete,
34 precast, and concrete masonry units;
35 (b) Reinforcing steel products, specifically rebar and
36 posttensioning tendons;
37 (c) Structural steel products, specifically hot rolled sections,
38 hollow sections, metal deck, and plate; and
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 1 (d)(i) Engineered wood products, such as cross-laminated timber
2 per ANSI form no. PRG 320, glulam beams, laminated veneer lumber,
3 parallel strand lumber, dowel laminated timber, nail laminated
4 timber, glulam laminated timber, prefabricated wood joists per ASTM
5 D5055, wood structural panel per product standard 1 or product
6 standard 2, solid sawn lumber per product standard 20, structural
7 composite lumber per ASTM D5456, and structural sawn lumber.
8 (ii) For the purposes of this subsection (3)(d):
9 (A) "ANSI" means the American national standards institute.
10 (B) "ASTM" means the American society for testing and materials.
11 (C) "Product standard" means a voluntary product standard
12 published by the United States department of commerce national
13 institute of standards and technology.
14 (4) "Covered project" means:
15 (a) A construction project larger than 50,000 gross square feet
16 as defined in the Washington state building code, chapter 51-50 WAC;
17 or
18 (b) A building renovation project where the cost is greater than
19 50 percent of the assessed value and the project is larger than
20 50,000 gross square feet of occupied or conditioned space as defined
21 in the Washington state building code, chapter 51-50 WAC.
22 (5) "Department" means the department of commerce.
23 (6) "Employee" means any individual who is in an employment
24 relationship with the organization.
25 (7)(a) "Environmental product declaration" means a type III
26 environmental product declaration, as defined by the international
27 organization for standardization standard 14025 or similarly robust
28 life-cycle assessment methods that have uniform standards in data
29 collection consistent with the international organization for
30 standardization standard 14025, industry acceptance, and integrity.
31 When available, the environmental product declaration must be supply
32 chain specific.
33 (b) For the purposes of this subsection, "supply chain specific"
34 means an environmental product declaration that includes supply chain
35 specific data for production processes that contribute 70 percent or
36 more of a product's cradle-to-gate global warming potential, as
37 defined in international organization for standardization standard
38 21930, and reports the overall percentage of supply chain specific
39 data included.
40 (8) "Full time" means an employee in a position that:
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 1 (a) The employer intends to be filled for at least 52 consecutive
2 weeks or 12 consecutive months, excluding any leaves of absence; and
3 (b) Requires the employee to work, excluding overtime hours, 35
4 hours per week for 52 consecutive weeks, 455 hours a quarter, or
5 1,820 hours during a period of 12 consecutive months.
6 (9) "Health product declaration" means a supply chain specific
7 health product declaration, as defined by the health product
8 declaration open standard maintained by the health product
9 declaration collaborative, that has robust methods for product
10 manufacturers and their ingredient suppliers to uniformly report and
11 disclose information about product contents and associated health
12 information.
13 (10) "Part time" means an employee in a position that:
14 (a) The employer intends to be filled for at least 52 consecutive
15 weeks or 12 consecutive months, excluding any leaves of absence; and
16 (b) Working hours are less than those required for a full-time
17 employee, as defined in this section.
18 (11) "Product and facility specific report" means an
19 environmental product declaration whereby the environmental impacts
20 can be attributed to a single manufacturer and a specific
21 manufacturing or production facility.
22 (12)(a) "Scope 2 greenhouse gas emissions" are indirect
23 greenhouse gas emissions associated with the purchase of electricity,
24 steam, heat, or cooling.
25 (b) For purposes of this section, "greenhouse gas" has the same
26 meaning as in RCW 70A.45.010.
27 (13) "Supplier code of conduct" means a policy created by a
28 manufacturer that outlines steps taken to ensure that its suppliers
29 adhere to ethical practices, such as compliance with child and forced
30 labor laws, antidiscrimination practices, freedom of association, and
31 safe workplace conditions.
32 (14) "Temporary" means an employee in a position that is intended
33 to be filled for a period of less than 52 consecutive weeks or 12
34 consecutive months. Positions in seasonal employment are temporary
35 positions.
36 (15) "Total case incident rate" means the number of work-related
37 injuries per 100 full-time equivalent workers during a one-year
38 period, as defined by the occupational safety and health
39 administration. Total case incident rate is calculated by multiplying
40 the number of occupational safety and health administration
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1 recordable injuries and illnesses by 200,000 and dividing by number
2 of hours worked by all employees.
3 (16) "Working conditions" means the average number of employees
4 by employment type: Full time, part time, and temporary.
5 NEW SECTION. Sec. 3. (1)(a) Beginning July 1, 2025, an awarding
6 authority must require in all newly executed construction contracts
7 that the selected firm for a construction contract for a covered
8 project larger than 100,000 gross square feet submit the following
9 data for each covered product used before substantial completion,
10 including at a minimum:
11 (i) Product quantity;
12 (ii) A current environmental product declaration;
13 (iii) Health product declaration, if any, completed for the
14 product;
15 (iv) Manufacturer name and location, including state or province
16 and country;
17 (v) Supplier code of conduct, if any; and
18 (vi) Office of minority and women-owned business enterprises
19 certification, if any.
20 (b) Beginning July 1, 2027, an awarding authority must require in
21 all newly executed construction contracts that the selected firm for
22 a construction contract for a covered project submit the data
23 required by (a) of this subsection for each covered product used
24 before substantial completion.
25 (c) The selected firm for a contract for a covered project shall
26 provide the data required by this subsection for at least 90 percent
27 of the cost of each of the covered products used in the project.
28 (2) The selected firm for a contract for a covered project is
29 required to collect and submit from product suppliers the information
30 required in subsection (1)(a)(ii) through (vi) of this section. The
31 selected firm is not required to verify the information received from
32 product suppliers.
33 (3)(a) Beginning July 1, 2025, an awarding authority must require
34 in all newly executed construction contracts that the selected firm
35 for a construction contract for a covered project larger than 100,000
36 gross square feet to ask their suppliers to report for each covered
37 product used before substantial completion, including at a minimum:
38 (i) Names and locations, including state or province and country,
39 of the actual production facilities; and
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 1 (ii) Working conditions at the actual production facilities for
2 all employees, full-time employees, part-time employees, and
3 temporary employees. In cases in which the supplier does not have
4 this information, the selected firm for a contract for a covered
5 project must ask suppliers to provide a report on steps taken to
6 reasonably obtain the data and provide suppliers' self-reports to the
7 awarding authority.
8 (b) Beginning July 1, 2027, an awarding authority must require in
9 all newly executed construction contracts that the successful bidder
10 for a construction contract for a covered project to meet the
11 requirements of (a) of this subsection for each covered product used
12 before substantial completion.
13 (c) The selected firm is not required to verify the information
14 reported by product suppliers pursuant to this subsection.
15 (d) The selected firm for a contract for a covered project shall
16 meet the requirement in (a) of this subsection for at least 90
17 percent of the cost of each of the covered products used in the
18 project.
19 (4) If a supply chain specific environmental product declaration
20 is not available, a product and facility specific report may be
21 submitted.
22 (5) This section does not apply to a covered product for a
23 particular covered project if the awarding authority determines, upon
24 written justification provided to the department, that the
25 requirements in this section would cause a significant delay in
26 completion, significant increase in overall project cost, or result
27 in only one product supplier being able to provide the covered
28 product.
29 (6) An awarding authority must include the i