H-1085.1

SUBSTITUTE HOUSE BILL 1303

ByHouse Environment & Energy (originally sponsored by Representatives Mena, Berry, Reeves, Reed, Ormsby, Salahuddin, Ramel, Pollet, Nance, Doglio, and Scott)

AN ACT Relating to increasing environmental justice by improving government decisions; adding new sections to chapter 43.21C RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 2. A new section is added to chapter 43.21C RCW to read as follows:

(1)(a) The department of ecology shall add environmental justice as an element of the environment within WAC 197-11-444 and as a component of the environmental checklist within WAC 197-11-960, as those sections existed on the effective date of this section.

(b) Upon the adoption of rules by the department of ecology, a lead agency must, in implementing the requirements of this chapter, consider environmental justice in a manner consistent with its consideration of other elements of the environment within WAC 197-11-444.

(2) In adopting rules to implement this section, the department of ecology must identify standardized mitigation, which may include best management practices, for potential adverse environmental impacts to environmental justice. When implemented, the standardized mitigation developed under this subsection must be considered in a threshold determination under this chapter.

(3) For purposes of this section "environmental justice" has the same meaning as in RCW 70A.02.010.

NEW SECTION.  Sec. 3. A new section is added to chapter 43.21C RCW to read as follows:

(1) The obligations applicable to lead agencies under section 2 of this act are in addition to and do not limit or amend the obligations of covered agencies under chapter 70A.02 RCW.

(2) A covered agency under chapter 70A.02 RCW may adopt any environmental justice assessment prepared under that chapter or apply other analyses or processes under that chapter to satisfy the requirements of section 2 of this act, to the extent that such an environmental justice assessment and other analyses or processes under that chapter are sufficient to satisfy the requirements of section 2 of this act.

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