SEPA considerations

AN ACT Relating to ensuring consideration of climate change, 1
carbon sequestration, environmental health disparities, and treaty-2
protected and cultural resources in the state environmental policy 3
act; adding a new section to chapter 43.21C RCW; and creating a new 4
section. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. (1) The legislature finds that the state 7
environmental policy act requires broad consideration by lead 8
agencies of impacts of proposed government actions on diverse aspects 9
of the natural and built environments and human health. While the 10
state environmental policy act requires this broad analysis of all 11
environmental impacts of a proposed action, the state environmental 12
policy act checklist adopted by the department would be more accurate 13
and useful in reflecting the obligations of project proponents and 14
lead agencies if it more accurately incorporated crucial state and 15
local adopted policies relating to addressing climate change. This 16
includes improved identification of, or guidance to assess, the 17
potential to improve or reduce carbon sequestration in state forests. 18
The flaws of the current checklist and guidance, as compared to the 19
actual statutory obligations of lead agencies, has led to several 20
court decisions invalidating the state environmental policy act 21
H-0947.1
HOUSE BILL 1749
State of Washington 69th Legislature 2025 Regular Session
By Representatives Pollet, Lekanoff, Parshley, and Scott
Read first time 01/30/25. Referred to Committee on Environment &
Energy.
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threshold determinations for proposed timber sales that did not 1
consider the potential for carbon sequestration on individual 2
proposed sales of mature complex forest. 3
(2) Similarly, the legislature finds that the current state 4
environmental policy act checklist and review process does not give 5
adequate guidance to ensure that applicants understand that they 6
should be considering in threshold determinations: (a) The potential 7
for projects and programs to significantly contribute to climate 8
change, including from life-cycle emissions of greenhouse gases; (b) 9
the potential to harm climate change related goals and policies 10
related to promoting carbon sequestration; (c) the potential for 11
increasing health disparities in overburdened communities and 12
vulnerable communities; or (d) the potential for harming treaty-13
protected resources on ceded lands within Washington and adversely 14
affecting access to, or preservation of, tribal cultural resources.15
(3) The legislature intends for the state environmental policy 16
act checklist and guidance be updated to ensure consideration of each 17
of these important health and environmental values.18
NEW SECTION. Sec. 2. A new section is added to chapter 43.21C 19
RCW to read as follows: 20
(1) The department shall add the following as elements of the 21
environment within WAC 197-11-444 and as a component of the 22
environment within WAC 197-11-960, as those sections existed as of 23
the effective date of this section: 24
(a) Climate change; 25
(b) Carbon sequestration; 26
(c) Treaty-protected resources; and 27
(d) Exposures to environmental pollutants for overburdened 28
communities and vulnerable populations. 29
(2) A lead agency must, in implementing the requirements of this 30
chapter, consider the elements identified in subsection (1)(a) 31
through (d) of this section in a manner consistent with:32
(a) Its consideration of other elements of the environment within 33
WAC 197-11-444; and 34
(b) The requirements of this section. 35
(3) Lead agency consideration of the climate change element 36
specified in subsection (1)(a) of this section must include 37
consideration of: 38
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(a) Whether a proposed action may significantly increase life-1
cycle emissions of greenhouse gases. The department must adopt 2
guidance to define life-cycle emissions of greenhouse gases, and to 3
identify levels of emissions that constitute significant increases 4
with potential adverse effects, based on the nature of a proposed 5
action. Life-cycle emissions must include reasonably foreseeable 6
emissions of greenhouse gases that may be generated outside the 7
physical boundaries or scope of a proposed action. The department 8
must consider the policies of RCW 43.21C.520 and 70A.65.080(9) in 9
adopting guidance under this section; and 10
(b) Whether a proposed action will assist in achieving climate 11
related goals or policies adopted by the state, including by the 12
legislature or any relevant state agencies. Consideration of this 13
portion of the element for purpose of threshold determinations and 14
substantive authority to mitigate or deny a proposed action under 15
this chapter includes, but is not limited to: 16
(i) Goals adopted under RCW 36.70A.070(9) and chapters 70A.45, 17
70A.65, and 19.405 RCW; and 18
(ii) Goals and policies adopted by local and state agencies for 19
retention or restoration of mature complex forests and tree canopy in 20
jurisdictions which may be impacted by the proposed action.21
(c) If impacts specified in (b) of this subsection have not been 22
considered in an environmental impact statement accompanying the 23
adoption of a comprehensive plan for a proposed action, 24
notwithstanding any other provision of this chapter, a new analysis 25
and threshold determination must be made based on whether there are 26
significant potential adverse impacts to such climate related goals 27
and policies. 28
(4) Lead agency consideration of the carbon sequestration element 29
identified in subsection (1)(b) of this section must include 30
consideration of whether a proposed action would significantly reduce 31
potential for, or benefit the sequestration of carbon, including for 32
state and private forestlands, urban forests, soils, agricultural 33
lands, and marine environments. For proposed actions that have the 34
cumulative potential to significantly reduce mature complex forests 35
on state lands, rules or guidance adopted by the department must 36
provide that the proposed action has potential adverse impacts on 37
adopted goals for sequestration and preservation if the proposed 38
action relies on mitigation or natural forces, including in other 39
areas, that will take more than 20 years to restore or achieve.40
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(5) Lead agency consideration of the treaty-protected resources 1
identified in subsection (1)(c) of this section must include 2
consideration of whether a proposed action preserves, enhances, or 3
adversely affects any treated protected resources, including reducing 4
access to such resources. The department must ensure that 5
consideration of access to treaty-protected resources includes 6
whether tribal members exercising rights to gather, hunt, fish, or 7
consume such treaty-protected resources and to access such cultural 8
resources may have the potential to be exposed to environmental 9
contaminants resulting in potentially significant increased health 10
risks based on reasonable maximum exposure scenarios developed in 11
collaboration or consultation with potentially affected federally 12
recognized tribes. The department must adopt rules or guidance to 13
ensure that revisions or reviews of previously adopted plans, orders, 14
or permits that have not specifically considered the impact on 15
treaty-protected resources or ensured that health impacts will not 16
exceed standards utilizing a reasonable maximum exposure scenario 17
considering exercise of treaty rights are subject to a new threshold 18
determination and review under this section. 19
(6) Lead agency consideration of the exposures to environmental 20
pollutants for overburdened communities and vulnerable populations 21
identified in subsection (1)(d) of this section must include 22
consideration of whether a proposed action will result in exposures 23
to environmental pollutants for overburdened communities and 24
vulnerable populations with the potential to have significant adverse 25
health effects on residents and vulnerable populations that are 26
disparately greater than the prevalence or incidence of such health 27
effects in other comparable communities or populations. This 28
threshold screening analysis may rely on screening and map tools 29
adopted by the department, the department of health, or recommended 30
by the environmental justice council established in chapter 70A.02 31
RCW, and must include consideration of cumulative impacts in such 32
overburdened communities and vulnerable populations in conjunction 33
with other social determinants of health. 34
(7) The definitions in this subsection apply throughout this 35
section unless the context clearly requires otherwise.36
(a) "Department" means the department of ecology.37
(b) "Overburdened community" has the same meaning as in RCW 38
70A.02.010. 39
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(c) "Vulnerable population" has the same meaning as in RCW 1
70A.02.010. 2
(d) "Treaty-protected resources" includes natural or cultural 3
resources of any federally recognized tribe with rights reserved to 4
access, utilize, or otherwise benefit tribal members on lands and 5
waters within Washington which were ceded to the United States, or 6
which are considered to be "Indian country" as provided in 18 U.S.C. 7
Sec. 1151 or "tribal lands" as defined in RCW 70A.02.010.8
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