Env. justice application

AN ACT Relating to ensuring the consistent application of 1
environmental justice principles; amending RCW 70A.02.010; creating 2
new sections; and declaring an emergency. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 70A.02.010 and 2021 c 314 s 2 are each amended to 5
read as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Council" means the environmental justice council established 9
in RCW 70A.02.110. 10
(2)(a) "Covered agency" means the departments of ecology, health, 11
natural resources, commerce, agriculture, and transportation, the 12
Puget Sound partnership, the forest practices board, and any agency 13
that opts to assume all of the obligations of chapter 314, Laws of 14
2021 pursuant to RCW 70A.02.030. 15
(b) For the department of natural resources, "covered agency" 16
includes the board of natural resources.17
(3) "Cumulative environmental health impact" means the combined, 18
multiple environmental impacts and health impacts on a vulnerable 19
population or overburdened community. 20
(4) "Environmental benefits" means activities that:21
H-3193.1
HOUSE BILL 2682
State of Washington 69th Legislature 2026 Regular Session
By Representatives Reeves, Parshley, and Pollet
Read first time 01/27/26. Referred to Committee on Environment &
Energy.
p. 1 HB 2682
(a) Prevent or reduce existing environmental harms or associated 1
risks that contribute significantly to cumulative environmental 2
health impacts; 3
(b) Prevent or mitigate impacts to overburdened communities or 4
vulnerable populations from, or support community response to, the 5
impacts of environmental harm; or 6
(c) Meet a community need formally identified to a covered agency 7
by an overburdened community or vulnerable population that is 8
consistent with the intent of this chapter. 9
(5) "Environmental harm" means the individual or cumulative 10
environmental health impacts and risks to communities caused by 11
historic, current, or projected: 12
(a) Exposure to pollution, conventional or toxic pollutants, 13
environmental hazards, or other contamination in the air, water, and 14
land; 15
(b) Adverse environmental effects, including exposure to 16
contamination, hazardous substances, or pollution that increase the 17
risk of adverse environmental health outcomes or create 18
vulnerabilities to the impacts of climate change; 19
(c) Loss or impairment of ecosystem functions or traditional food 20
resources or loss of access to gather cultural resources or harvest 21
traditional foods; or 22
(d) Health and economic impacts from climate change.23
(6) "Environmental health disparities map" means the data and 24
information developed pursuant to RCW 43.70.815. 25
(7) "Environmental impacts" means environmental benefits or 26
environmental harms, or the combination of environmental benefits and 27
harms, resulting or expected to result from a proposed action.28
(8) "Environmental justice" means the fair treatment and 29
meaningful involvement of all people regardless of race, color, 30
national origin, or income with respect to the development, 31
implementation, and enforcement of environmental laws, rules, and 32
policies. Environmental justice includes addressing disproportionate 33
environmental and health impacts in all laws, rules, and policies 34
with environmental impacts by prioritizing vulnerable populations and 35
overburdened communities, the equitable distribution of resources and 36
benefits, and eliminating harm. 37
(9) "Equitable distribution" means a fair and just, but not 38
necessarily equal, allocation intended to mitigate disparities in 39
benefits and burdens that are based on current conditions, including 40
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existing legacy and cumulative impacts, that are informed by 1
cumulative environmental health impact analysis. 2
(10) "Evidence-based" means a process that is conducted by a 3
systematic review of available data based on a well-established and 4
widely used hierarchy of data in current use by other state and 5
national programs, selected by the departments of ecology and health. 6
The environmental justice council may provide input on the 7
development of the process. 8
(11) "Overburdened community" means a geographic area where 9
vulnerable populations face combined, multiple environmental harms 10
and health impacts, and includes, but is not limited to, highly 11
impacted communities as defined in RCW 19.405.020.12
(12) "Significant agency action" means the following actions as 13
identified at the beginning of a covered agency's consideration of 14
the significant agency action or at the time when an environmental 15
justice assessment would normally be initiated in conjunction with an 16
agency action: 17
(a) The development and adoption of significant legislative rules 18
as defined in RCW 34.05.328, including approval of such rules by the 19
board of natural resources; 20
(b) The development and adoption of any new grant or loan program 21
that a covered agency is explicitly authorized or required by statute 22
to carry out; 23
(c) A capital project, grant, or loan award by a covered agency 24
of at least $12,000,000 or a transportation project, grant, or loan 25
by a covered agency of at least $15,000,000; 26
(d) The submission of agency request legislation to the office of 27
the governor or the office of financial management for approval; and28
(e) Any other agency actions deemed significant by a covered 29
agency consistent with RCW 70A.02.060. 30
(13) "Tribal lands" has the same meaning as "Indian country" as 31
provided in 18 U.S.C. Sec. 1151, and also includes sacred sites, 32
traditional cultural properties, burial grounds, and other tribal 33
sites protected by federal or state law. 34
(14)(a) "Vulnerable populations" means population groups that are 35
more likely to be at higher risk for poor health outcomes in response 36
to environmental harms, due to: (i) Adverse socioeconomic factors, 37
such as unemployment, high housing and transportation costs relative 38
to income, limited access to nutritious food and adequate health 39
care, linguistic isolation, and other factors that negatively affect 40
p. 3 HB 2682
health outcomes and increase vulnerability to the effects of 1
environmental harms; and (ii) sensitivity factors, such as low birth 2
weight and higher rates of hospitalization. 3
(b) "Vulnerable populations" includes, but is not limited to:4
(i) Racial or ethnic minorities; 5
(ii) Low-income populations; 6
(iii) Populations disproportionately impacted by environmental 7
harms; and 8
(iv) Populations of workers experiencing environmental harms.9
NEW SECTION. Sec. 2. (1) The forest practices board shall 10
suspend any rule adopted prior to, but not yet in effect as of, the 11
effective date of this section. Such rule may not go into effect 12
until the forest practices board has complied with its obligations as 13
a covered agency under chapter 70A.02 RCW, including specifically 14
with respect to the rule as a significant agency action under that 15
chapter.16
(2) The forest practices board may not adopt any rule on or after 17
the effective date of this section until the board has complied with 18
its obligations as a covered agency under chapter 70A.02 RCW, 19
including specifically with respect to the rule as a significant 20
agency action under that chapter. 21
(3) By July 1, 2027, the forest practices board must provide a 22
report to the appropriate committees of the legislature with a 23
retrospective analysis on any rule adopted by the board and any other 24
significant agency actions as defined under RCW 70A.02.010 taken 25
since the effective date of chapter 314, Laws of 2021. The 26
retrospective analysis must examine and describe any differences 27
between the process and results of the rule or other action taken and 28
the likely process and potential results if the board had been 29
considered a covered agency under RCW 70A.02.010 during that time.30
NEW SECTION. Sec. 3. (1) The board of natural resources may not 31
adopt or approve any rule on or after the effective date of this 32
section until the board has complied with its obligations as a 33
covered agency under chapter 70A.02 RCW, including specifically with 34
respect to the rule as a significant agency action under that 35
chapter.36
(2) By July 1, 2027, the board of natural resources must provide 37
a report to the appropriate committees of the legislature with a 38
p. 4 HB 2682
retrospective analysis on any rule adopted or approved by the board 1
and any other significant agency actions as defined under RCW 2
70A.02.010 taken since the effective date of chapter 314, Laws of 3
2021. The retrospective analysis must examine and describe any 4
differences between the process and results of the rule or other 5
action taken and the likely process and potential results if the 6
board had been considered a covered agency under RCW 70A.02.010 7
during that time. 8
NEW SECTION. Sec. 4. This act is necessary for the immediate 9
preservation of the public peace, health, or safety, or support of 10
the state government and its existing public institutions, and takes 11
effect immediately.12
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