SB 5360: Concerning environmental crimes. - Washington

Substitute Bill → Engrossed Substitute Bill · 4 edits · Feb 17, 2026

MODERATE

This bill updates the definitions and penalties for environmental crimes in Washington State, specifically regarding water pollution, air pollution, and hazardous waste. The most significant change is the replacement of the old, vague definition of 'knowingly' with a precise legal definition from state criminal law, ensuring consistent application of intent in prosecutions. Additionally, the bill adds specific exemptions for construction stormwater and wildfire management activities, and clarifies the hierarchy of offenses to align with updated state sentencing guidelines.

Scope change

The bill's scope remains focused on environmental crimes, but its applicability is refined by adding specific exemptions for construction stormwater permits and authorized wildfire mitigation activities, which were previously not explicitly excluded.

DEFINITION

Replaced the custom definition of 'knowingly' with the standard legal definition from RCW 9A.08.010 to ensure consistent interpretation of intent across all environmental statutes.

Reorganized and renumbered sections to reflect the new structure of the bill, shifting the order of offenses from water, air, and hazardous waste to air, water, and hazardous waste.

REQUIREMENT

Added explicit exemptions for silt and sediment discharges under construction stormwater permits and for outdoor burning conducted to reduce wildfire risk or improve ecosystem health.

ENFORCEMENT

Updated penalty classifications and descriptions to align with current state sentencing laws, clarifying the distinction between felonies and gross misdemeanors for different levels of negligence.

Bill → Substitute Bill · 3 edits

MINOR

The bill was renumbered from S-0027.3 to S-1319.1 and updated its legislative history. The most significant substantive change is the addition of a new definition for 'Entity' to include towns, cities, counties, and the state, ensuring these government bodies are held criminally liable for environmental violations committed by their agents. Additionally, the bill introduces exemptions for specific outdoor burning activities aimed at wildfire risk reduction and ecosystem restoration, preventing these necessary environmental management practices from being prosecuted as crimes.

Scope change

The bill's scope of applicability was expanded to explicitly include local and state governments as liable entities for environmental crimes, and it added specific exemptions for certain outdoor burning activities related to wildfire mitigation and ecosystem health.

TECHNICAL

The bill number was changed from S-0027.3 to S-1319.1, and the reading date was updated from January 20, 2025, to February 10, 2025.

DEFINITION

A new definition for 'Entity' was added to multiple sections, clarifying that it includes towns, cities, counties, and the state, thereby establishing criminal liability for these government bodies.

ENFORCEMENT

New subsections were added to several sections exempting outdoor burning activities intended to reduce wildfire risk, improve ecosystem health, or restore native plant communities from criminal prosecution.

Engrossed Substitute Bill → Second Engrossed Substitute Bill · 7 edits · Feb 17, 2026

MODERATE

This bill significantly strengthens Washington's environmental criminal laws by adding new felony and misdemeanor penalties for knowing violations of water and air pollution laws, as well as hazardous waste management. It introduces specific defenses for employees acting under employer orders, clarifies exemptions for permitted activities like construction and wildfire management, and adds new requirements for the Attorney General to report on criminal enforcement efforts.

Scope change

The bill expands the scope of criminal liability to include new degrees of offenses for environmental violations and modifies the applicability of existing laws to better distinguish between intentional misconduct and permitted or accidental activities.

ENFORCEMENT

Added new criminal penalties for environmental violations, including class B and C felonies for knowing violations and gross misdemeanors for negligent violations.

REQUIREMENT

Requires the Attorney General to report annually to the legislature on criminal enforcement actions taken under environmental chapters.

Expanded exemptions to explicitly include outdoor burning conducted to reduce wildfire risk or restore native plant communities.

Requires the Department of Ecology to provide permit applicants with information about criminal penalty provisions when issuing or renewing permits.

DEFINITION

Updated definitions to clarify terms like 'imminent danger' and 'knowingly' and added specific exclusions for odorous substances and agricultural ammonia emissions.

ELIGIBILITY

Added affirmative defenses allowing individuals to avoid criminal liability if they acted within the scope of employment under orders from their employer and did not know the conduct was unlawful.

TECHNICAL

Repealed and amended several existing penalty sections to align with the new structure and remove outdated references.

Concerning environmental crimes.

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