CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5141
Chapter 314, Laws of 2021
67th Legislature
2021 Regular Session
ENVIRONMENTAL JUSTICE—VARIOUS PROVISIONS
EFFECTIVE DATE: July 25, 2021
Passed by the Senate April 20, 2021 CERTIFICATE
Yeas 27 Nays 22
I, Brad Hendrickson, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is ENGROSSED SECOND
SUBSTITUTE SENATE BILL 5141 as
passed by the Senate and the House
of Representatives on the dates
Passed by the House April 10, 2021 hereon set forth.
Yeas 56 Nays 41
BRAD HENDRICKSON
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved May 17, 2021 12:40 PM FILED
May 18, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE SENATE BILL 5141
AS AMENDED BY THE HOUSE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By Senate Ways & Means (originally sponsored by Senators Saldaña,
Lovelett, Carlyle, Das, Frockt, Hasegawa, Hunt, Keiser, Kuderer,
Liias, Nobles, Pedersen, Rolfes, Stanford, and Wilson, C.)
READ FIRST TIME 02/22/21.
1 AN ACT Relating to reducing environmental and health disparities
2 and improving the health of all Washington state residents by
3 implementing the recommendations of the environmental justice task
4 force; amending RCW 43.376.020 and 34.05.030; adding new sections to
5 chapter 43.70 RCW; adding a new section to chapter 43.21A RCW; adding
6 a new section to chapter 43.23 RCW; adding a new section to chapter
7 43.30 RCW; adding a new section to chapter 43.330 RCW; adding a new
8 section to chapter 47.01 RCW; adding a new section to chapter 90.71
9 RCW; adding a new chapter to Title 70A RCW; and creating a new
10 section.
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
12 NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The purpose of
13 this chapter is to reduce environmental and health disparities in
14 Washington state and improve the health of all Washington state
15 residents. This chapter implements the recommendations of the
16 environmental justice task force established in section 221(48),
17 chapter 415, Laws of 2019 entitled "Report to the Washington state
18 governor and legislature, Environmental Justice Task Force:
19 Recommendations for Prioritizing EJ in Washington State Government
20 (October 2020)."
p. 1 E2SSB 5141.SL
 1 (2) As conveyed in the task force report, Washington state
2 studies and national studies found that people of color and low-
3 income people continue to be disproportionately exposed to
4 environmental harms in their communities. As a result, there is a
5 higher risk of adverse health outcomes for those communities. This
6 risk is amplified when overlaid on communities with preexisting
7 social and economic barriers and environmental risks, and creates
8 cumulative environmental health impacts, which this act seeks to
9 prevent and mitigate.
10 This chapter also seeks to reduce exposure to environmental
11 hazards within Indian country, as defined in 18 U.S.C. Sec. 1151, due
12 to off-reservation activities within the state, and to improve state
13 practices to reduce contamination of traditional foods wherever they
14 occur. Exposure to such hazards can result in generational health and
15 ecological problems, particularly on small reservations where it is
16 impossible to move away from a hazard.
17 (3) Accordingly, the state has a compelling interest in
18 preventing and addressing such environmental health disparities in
19 the administration of ongoing and new environmental programs,
20 including allocation of funds, and in administering these programs so
21 as to remedy the effects of past disparate treatment of overburdened
22 communities and vulnerable populations.
23 (4) The task force provided recommendations to state agencies for
24 measurable goals and model policies to reduce environmental health
25 inequities in Washington, equitable practices for meaningful
26 community involvement, and how to use the environmental health
27 disparities map to identify and promote the equitable distribution of
28 environmental benefits to overburdened communities. In order for all
29 communities in Washington state to be healthy and thriving, state
30 government should aim to concentrate government actions to benefit
31 communities that currently have the greatest environmental and health
32 burdens.
33 NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this
34 section apply throughout this chapter unless the context clearly
35 requires otherwise.
36 (1) "Council" means the environmental justice council established
37 in section 20 of this act.
38 (2) "Covered agency" means the departments of ecology, health,
39 natural resources, commerce, agriculture, and transportation, the
p. 2 E2SSB 5141.SL
 1 Puget Sound partnership, and any agency that opts to assume all of
2 the obligations of this act pursuant to section 11 of this act.
3 (3) "Cumulative environmental health impact" means the combined,
4 multiple environmental impacts and health impacts on a vulnerable
5 population or overburdened community.
6 (4) "Environmental benefits" means activities that:
7 (a) Prevent or reduce existing environmental harms or associated
8 risks that contribute significantly to cumulative environmental
9 health impacts;
10 (b) Prevent or mitigate impacts to overburdened communities or
11 vulnerable populations from, or support community response to, the
12 impacts of environmental harm; or
13 (c) Meet a community need formally identified to a covered agency
14 by an overburdened community or vulnerable population that is
15 consistent with the intent of this chapter.
16 (5) "Environmental harm" means the individual or cumulative
17 environmental health impacts and risks to communities caused by
18 historic, current, or projected:
19 (a) Exposure to pollution, conventional or toxic pollutants,
20 environmental hazards, or other contamination in the air, water, and
21 land;
22 (b) Adverse environmental effects, including exposure to
23 contamination, hazardous substances, or pollution that increase the
24 risk of adverse environmental health outcomes or create
25 vulnerabilities to the impacts of climate change;
26 (c) Loss or impairment of ecosystem functions or traditional food
27 resources or loss of access to gather cultural resources or harvest
28 traditional foods; or
29 (d) Health and economic impacts from climate change.
30 (6) "Environmental health disparities map" means the data and
31 information developed pursuant to section 19 of this act.
32 (7) "Environmental impacts" means environmental benefits or
33 environmental harms, or the combination of environmental benefits and
34 harms, resulting or expected to result from a proposed action.
35 (8) "Environmental justice" means the fair treatment and
36 meaningful involvement of all people regardless of race, color,
37 national origin, or income with respect to the development,
38 implementation, and enforcement of environmental laws, rules, and
39 policies. Environmental justice includes addressing disproportionate
40 environmental and health impacts in all laws, rules, and policies
p. 3 E2SSB 5141.SL
 1 with environmental impacts by prioritizing vulnerable populations and
2 overburdened communities, the equitable distribution of resources and
3 benefits, and eliminating harm.
4 (9) "Equitable distribution" means a fair and just, but not
5 necessarily equal, allocation intended to mitigate disparities in
6 benefits and burdens that are based on current conditions, including
7 existing legacy and cumulative impacts, that are informed by
8 cumulative environmental health impact analysis.
9 (10) "Evidence-based" means a process that is conducted by a
10 systematic review of available data based on a well-established and
11 widely used hierarchy of data in current use by other state and
12 national programs, selected by the departments of ecology and health.
13 The environmental justice council may provide input on the
14 development of the process.
15 (11) "Overburdened community" means a geographic area where
16 vulnerable populations face combined, multiple environmental harms
17 and health impacts, and includes, but is not limited to, highly
18 impacted communities as defined in RCW 19.405.020.
19 (12) "Significant agency action" means the following actions as
20 identified at the beginning of a covered agency's consideration of
21 the significant agency action or at the time when an environmental
22 justice assessment would normally be initiated in conjunction with an
23 agency action:
24 (a) The development and adoption of significant legislative rules
25 as defined in RCW 34.05.328;
26 (b) The development and adoption of any new grant or loan program
27 that a covered agency is explicitly authorized or required by statute
28 to carry out;
29 (c) A capital project, grant, or loan award by a covered agency
30 of at least $12,000,000 or a transportation project, grant, or loan
31 by a covered agency of at least $15,000,000;
32 (d) The submission of agency request legislation to the office of
33 the governor or the office of financial management for approval; and
34 (e) Any other agency actions deemed significant by a covered
35 agency consistent with section 14 of this act.
36 (13) "Tribal lands" has the same meaning as "Indian country" as
37 provided in 18 U.S.C. Sec. 1151, and also includes sacred sites,
38 traditional cultural properties, burial grounds, and other tribal
39 sites protected by federal or state law.
p. 4 E2SSB 5141.SL
 1 (14)(a) "Vulnerable populations" means population groups that are
2 more likely to be at higher risk for poor health outcomes in response
3 to environmental harms, due to: (i) Adverse socioeconomic factors,
4 such as unemployment, high housing and transportation costs relative
5 to income, limited access to nutritious food and adequate health
6 care, linguistic isolation, and other factors that negatively affect
7 health outcomes and increase vulnerability to the effects of
8 environmental harms; and (ii) sensitivity factors, such as low birth
9 weight and higher rates of hospitalization.
10 (b) "Vulnerable populations" includes, but is not limited to:
11 (i) Racial or ethnic minorities;
12 (ii) Low-income populations;
13 (iii) Populations disproportionately impacted by environmental
14 harms; and
15 (iv) Populations of workers experiencing environmental harms.
16 NEW SECTION. Sec. 3. ENVIRONMENTAL JUSTICE OBLIGATIONS FOR ALL
17 AGENCIES. Covered agencies are required to comply with all provisions
18 of this chapter. All other state agencies should strive to apply the
19 laws of the state of Washington, and the rules and policies of the
20 agency, in accordance with the policies of this chapter including, to
21 the extent feasible, incorporating the principles of environmental
22 justice assessment processes set forth in section 14 of this act into
23 agency decisions.
24 NEW SECTION. Sec. 4. A new section is added to chapter 43.70
25 RCW to read as follows:
26 ENVIRONMENTAL JUSTICE OBLIGATIONS OF THE DEPARTMENT OF HEALTH.
27 The department must apply and comply with the substantive and
28 procedural requirements of chapter 70A.--- RCW (the new chapter
29 created in section 25 of this act).
30 NEW SECTION. Sec. 5. A new section is added to chapter 43.21A
31 RCW to read as follows:
32 ENVIRONMENTAL JUSTICE OBLIGATIONS OF THE DEPARTMENT OF ECOLOGY.
33 The department must apply and comply with the substantive and
34 procedural requirements of chapter 70A.--- RCW (the new chapter
35 created in section 25 of this act).
p. 5 E2SSB 5141.SL
1 NEW SECTION. Sec. 6. A new section is added to chapter 43.23
2 RCW to read as follows:
3 ENVIRONMENTAL JUSTICE OBLIGATIONS OF THE DEPARTMENT OF
4 AGRICULTURE. The department must apply and comply with the
5 substantive and procedural requirements of chapter 70A.--- RCW (the
6 new chapter created in section 25 of this act).
7 NEW SECTION. Sec. 7. A new section is added to chapter 43.30
8 RCW to read as follows:
9 ENVIRONMENTAL JUSTICE OBLIGATIONS OF THE DEPARTMENT OF NATURAL
10 RESOURCES. The department must apply and comply with the substantive
11 and procedural requirements of chapter 70A.--- RCW (the new chapter
12 created in section 25 of this act).
13 NEW SECTION. Sec. 8. A new section is added to chapter 43.330
14 RCW to read as follows:
15 ENVIRONMENTAL JUSTICE OBLIGATIONS OF THE DEPARTMENT OF COMMERCE.
16 The department must apply and comply with the substantive and
17 procedural requirements of chapter 70A.--- RCW (the new chapter
18 created in section 25 of this act).
19 NEW SECTION. Sec. 9. A new section is added to chapter 47.01
20 RCW to read as follows:
21 ENVIRONMENTAL JUSTICE OBLIGATIONS OF THE DEPARTMENT OF
22 TRANSPORTATION. The department must apply and comply with the
23 substantive and procedural requirements of chapter 70A.--- RCW (the
24 new chapter created in section 25 of this act).
25 NEW SECTION. Sec. 10. A new section is added to chapter 90.71
26 RCW to read as follows:
27 ENVIRONMENTAL JUSTICE OBLIGATIONS OF THE PUGET SOUND PARTNERSHIP.
28 The partnership must apply and comply with the substantive and
29 procedural requirements of chapter 70A.--- RCW (the new chapter
30 created in section 25 of this act).
31 NEW SECTION. Sec. 11. AUTHORITY OF OTHER AGENCIES TO OPT IN TO
32 ENVIRONMENTAL JUSTICE OBLIGATIONS. (1) Any state agency, as the term
33 "agency" is defined in RCW 34.05.010, including the governor's office
34 and the office of the attorney general but excluding local
35 governmental entities, may opt in to assume all of the substantive
p. 6 E2SSB 5141.SL
1 and procedural requirements of covered agencies under chapter 70A.---
2 RCW (the new chapter created in section 25 of this act) at any time
3 by notifying the council established in section 20 of this act.
4 (2) An agency that opts in to assume all of the substantive and
5 procedural requirements of chapter 70A.--- RCW (the new chapter
6 created in section 25 of this act) is not subject to the deadlines or
7 timelines established in sections 12, 13, 14, 16, and 20 of this act.
8 NEW SECTION. Sec. 12. INCORPORATING ENVIRONMENTAL JUSTICE INTO
9 AGENCY STRATEGIC PLANS. (1) By January 1, 2023, each covered agency
10 shall include an environmental justice implementation plan within its
11 strategic plan. A covered agency may additionally incorporate an
12 environmental justice implementation plan into other significant
13 agency planning documents. The plan must describe how the covered
14 agency plans to apply the principles of environmental justice to the
15 agency's activities and must guide the agency in its implementation
16 of its obligations under this chapter.
17 (2) In its environmental justice implementation plan, each
18 covered agency must include:
19 (a) Agency-specific goals and actions to reduce environmental and
20 health disparities and for otherwise achieving environmental justice
21 in the agency's programs;
22 (b) Metrics to track and measure accomplishments of the agency
23 goals and actions;
24 (c) Methods to embed equitable community engagement with, and
25 equitable participation from, members of the public, into agency
26 practices for soliciting and receiving public comment;
27 (d) Strategies to ensure compliance with existing federal and
28 state laws and policies relating to environmental justice, including
29 Title VI of the civil rights act of 1964, 42 U.S.C. Sec.
30 2000d-2000d-4, Title IX of the Education Amendments of 1972, 20
31 U.S.C. Sec. 1681-1683, Section 504 of the Rehabilitation Act of 1973,
32 29 U.S.C. Sec. 794, and the age discrimination act of 1975, 42 U.S.C.
33 Sec. 6101-6107;
34 (e) The plan for community engagement required under section 13
35 of this act; and
36 (f) Specific plans and timelines for incorporating environmental
37 justice considerations into agency activities as required under this
38 chapter.
p. 7 E2SSB 5141.SL
 1 (3) In developing