H-3106.1
SECOND SUBSTITUTE HOUSE BILL 2073
State of Washington 68th Legislature 2024 Regular Session
By House Appropriations (originally sponsored by Representatives
Slatter, Fitzgibbon, Berry, Reed, Ramel, Doglio, Hackney, and Pollet)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to emissions of greenhouse gases from sources
2 other than methane and carbon dioxide; adding a new section to
3 chapter 43.21A RCW; creating new sections; and providing an
4 expiration date.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. (1) The legislature finds that a great
7 deal of emphasis in greenhouse gas emissions policymaking in the
8 state has appropriately focused on reducing sources of carbon
9 dioxide, methane, and refrigerant gases, which remain the most
10 significant types of greenhouse gases emitted in the state. However,
11 the legislature also finds it prudent not to overlook meaningful
12 opportunities to reduce emissions of other types of greenhouse gases
13 from more niche sources, whether they be used as pesticides or as
14 anesthetic gases.
15 (a) The legislature finds that certain gases used as an
16 anesthetic in medical, dental, and veterinary contexts, including
17 desflurane, isoflurane, sevoflurane, halothane, and nitrous oxide,
18 are potent greenhouse gases. Efforts in the medical community are
19 already underway to minimize the emissions from these gases,
20 including by national and international anesthesiologist
21 associations. In other jurisdictions, including Scotland and England,
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 1 efforts are also underway to phase out the use of the anesthetic
2 gases with the greatest potential greenhouse gas emissions.
3 (b) The legislature finds that sulfuryl fluoride, a chemical
4 typically used as a fumigant pesticide, was relatively recently
5 discovered to be a potent greenhouse gas. Due to the recency of these
6 scientific findings, emissions of this gas have not previously been
7 required to be reported to the department of ecology in a manner
8 similar to other greenhouse gases like carbon dioxide and methane. In
9 addition, it is uncertain whether any safer alternatives to sulfuryl
10 fluoride exist that do not result in greenhouse gas emissions or that
11 would result in lower greenhouse gas emissions.
12 (2) Therefore, it is the intent of the legislature to reduce
13 emissions from these sources of greenhouse gases, in spite of their
14 obscurity, by:
15 (a) Studying these gases;
16 (b) Developing guidance to reduce emissions of greenhouse gases
17 used for anesthetic purposes; and
18 (c) Initiating data gathering and alternatives evaluations for
19 the use of sulfuryl fluoride.
20 NEW SECTION. Sec. 2. (1) The department of ecology must
21 commission a study to be completed by July 1, 2025, that:
22 (a) Analyzes the evidence supporting the inclusion of sulfuryl
23 fluoride as a greenhouse gas;
24 (b) Determines the potential sources of sulfuryl fluoride and
25 gases with a high global warming potential that are used for
26 anesthetic purposes within Washington;
27 (c) Determines how these gases are used in Washington;
28 (d) Estimates the quantity of emissions;
29 (e) Recommends potential points of regulation for each of these
30 gases; and
31 (f) Recommends measures for reducing or eliminating emissions of
32 these gases.
33 (2) By October 1, 2025, the department of ecology, in
34 consultation with the departments of health and agriculture and
35 considering the results of the study commissioned under subsection
36 (1) of this section and the alternatives assessment carried out
37 consistent with section 4 of this act, must submit recommendations to
38 the appropriate committees of the legislature regarding any further
39 statutory changes needed in order to appropriately and effectively
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 1 reduce greenhouse gas emissions associated with the use of sulfuryl
2 fluoride or anesthetic gases, including any recommendations to
3 prohibit the manufacture, distribution, sale, or use of specific
4 anesthetic gases. The department of ecology must note, in the report
5 to the legislature under this section, any recommendations that the
6 department of agriculture or the department of health does not
7 endorse and must provide an opportunity for the department of
8 agriculture or health to share their opinions on such matters as an
9 appendix to the recommendations.
10 (3) Based on the evidence identified in subsection (1)(a) of this
11 section, the department of ecology must consider the addition of
12 sulfuryl fluoride as a greenhouse gas, consistent with the authority
13 granted in RCW 70A.45.010(7), for purposes of RCW 70A.15.2200(5) and
14 chapters 70A.45 and 70A.65 RCW. The department of ecology may require
15 producers or suppliers of sulfuryl fluoride to begin reporting under
16 RCW 70A.15.2200 for purposes of calendar year 2025 emissions.
17 NEW SECTION. Sec. 3. A new section is added to chapter 43.21A
18 RCW to read as follows:
19 (1) By January 1, 2026, the department must develop and publish a
20 guidance document intended to reduce greenhouse gas emissions
21 associated with the use of gases with a high global warming potential
22 that are used for anesthetic purposes in medical, dental, veterinary,
23 or other similar facilities and settings. Gases subject to the
24 guidance document must include, at minimum: Sevoflurane; desflurane;
25 isoflurane; halothane; and nitrous oxide. In developing the guidance
26 document, the department of ecology must consult with the department
27 of health, and solicit the input from the following:
28 (a) The state board of health;
29 (b) The Washington medical commission;
30 (c) The Washington state board of nursing;
31 (d) The dental quality assurance commission;
32 (e) The board of osteopathic medicine and surgery;
33 (f) The veterinary board of governors;
34 (g) The University of Washington and Washington State University;
35 (h) Associations representing medical, dental, or veterinary
36 practitioners that use anesthetic gases;
37 (i) Associations representing facilities at which anesthetic
38 gases are used;
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 1 (j) Environmental organizations with a focus on efforts to reduce
2 greenhouse gas emissions; and
3 (k) Subject matter experts with knowledge of the most efficient
4 and effective methods to reduce greenhouse gas emissions from
5 anesthetic gas use.
6 (2) In developing the guidance document, the department must
7 consider:
8 (a) The efforts of other jurisdictions, including those in
9 Europe, to restrict the use of high global warming potential
10 greenhouse gases or to otherwise reduce greenhouse gas emissions
11 associated with the use of anesthesia;
12 (b) The guidance documents or best practices prepared by national
13 and international anesthesiology professionals, including the
14 American society of anesthesiologists, the world federation of
15 societies of anaesthesiologists, and the association of anesthetists;
16 and guidance documents published in peer-reviewed medical journals;
17 (c) Existing practices in place at facilities and by
18 practitioners in Washington to limit greenhouse gas emissions
19 associated with anesthesia use;
20 (d) Input related to professional liability and medical procedure
21 risks associated with the implementation of alternative anesthetic
22 options intended to lower greenhouse gas emissions associated with
23 the use of anesthetic gases; and
24 (e) Any additional financial considerations in the use of changes
25 intended to reduce emissions of anesthetic gases.
26 (3) The goal of the guidance document must be to reduce
27 greenhouse gas emissions associated with the use of anesthetic gases,
28 but without limiting the judgment or needs of medical, dental, or
29 veterinary professionals in providing safe and effective care, while
30 allowing flexibility for extenuating clinical circumstances when, in
31 the opinion of the medical professional, unrestricted use of
32 anesthetic gases is needed for patient safety and comfort. Nothing in
33 the guidance document may be construed to require a facility or
34 practitioner to provide medical care in a manner that increases
35 medical procedure or professional liability risks in the judgment of
36 the facility owner or operator or the medical professional.
37 (4) By January 1, 2027, facilities at which anesthetic gases are
38 used, and the medical, dental, or veterinary practitioners that use
39 such gases, may only use anesthesia in a manner consistent with the
40 guidance document published under this section. The department may
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1 not issue penalties under this section to a facility owner or
2 operator of a practitioner for a failure to follow the guidance
3 document.
4 NEW SECTION. Sec. 4. (1) The department of ecology, in
5 consultation with the department of agriculture, must identify the
6 availability and feasibility of safer alternatives to the use of
7 sulfuryl fluoride as a fumigant. The department of ecology must
8 solicit the input of potentially affected stakeholders, including
9 manufacturers, importers, distributors, and users of sulfuryl
10 fluoride, in carrying out the requirements of this section.
11 (2) The department of ecology may order a manufacturer,
12 distributor, or importer of sulfuryl fluoride or potential safer
13 alternatives to submit a notice to the department that contains the
14 information specified in RCW 70A.430.060 (1) through (6), information
15 of the type reported under RCW 70.15.2200(5), or other information
16 relevant to the determination of the volume of a chemical used, its
17 expected greenhouse gas emissions associated with use, or to the
18 department's determination of the hazard to human health or the
19 environment associated with a chemical. The information ordered under
20 this section must be submitted to the department of ecology no later
21 than four months after receipt of such a demand from the department.
22 (3) The department of ecology, in consultation with the
23 department of agriculture, must submit a report to the appropriate
24 committees of the legislature containing the findings regarding the
25 availability of safer alternatives to sulfuryl fluoride, including
26 recommendations for any actions to reduce sulfuryl fluoride
27 emissions, by October 1, 2025.
28 (4) For the purposes of this section, "safer alternative" means
29 an alternative that is less hazardous to humans or the environment
30 than sulfuryl fluoride. A safer alternative to sulfuryl fluoride may
31 include: (a) A change in pest management practices that eliminates
32 the need for a chemical alternative; (b) a chemical alternative whose
33 use does not result in greenhouse gas emissions; or (c) a chemical
34 alternative whose use results in lower greenhouse gas emissions,
35 including through the use of a chemical alternative with a lower
36 global warming potential than sulfuryl fluoride or a lower volume of
37 application in order to achieve intended purposes.
38 (5) This section expires July 1, 2026.
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1 NEW SECTION. Sec. 5. If any provision of this act or its
2 application to any person or circumstance is held invalid, the
3 remainder of the act or the application of the provision to other
4 persons or circumstances is not affected.
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Statutes affected:
Original Bill: 70A.45.010, 70A.15.2200