Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.
SB5360 • 2026
Concerning environmental crimes.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Environmental crimes
These notes stay tied to the official amendment files and metadata from the legislature.
0 • Environment & Energy
Plain English: 5360-S.E AMH ENVI H2028.2 ESSB 5360 - H COMM AMD By Committee on Environment & Energy NOT CONSIDERED 04/27/2025 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
59 • Trudeau
Plain English: 5360-S AMS TRUD S1717.1 SSB 5360 - S AMD 59 By Senator Trudeau ADOPTED 03/04/2025 On page 9, line 3, after "activities" strike "listed in" and 1 insert "permitted by the department of natural resources under"2 On page 9, line 4, after "burning" insert "conducted or permitted 3 by a state or local authority" 4 On page 10, line 5, after "activities" strike "listed in" and 5 insert "permitted by the department of natural resources under"6 On page 10, line 6, after "burning" insert "conducted or 7 permitted by a state or local authority" 8 On page 10, line 34, after "activities" strike "listed in" and 9 insert "permitted by the department of natural resources under"10 On page 10, line 35, after "burning" insert "conducted or 11 permitted by a state or local authority" 12 EFFECT: Provides that, for the purposes of exempting certain activities relating to outdoor burning from the state Clean Air Act violations, the activities must be permitted by the Department of Natural Resources, or permitted or conducted by a state or local authority.
707 • Trudeau
Plain English: 5360-S.E AMS TRUD S4648.1 ESSB 5360 - S AMD 707 By Senator Trudeau ADOPTED AS AMENDED 02/17/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
713 • Boehnke
Plain English: 5360-S.E AMS BOEH S5244.2 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 713 By Senator Boehnke NOT ADOPTED 02/17/2026 On page 2, line 7, after "person" strike "knowingly" and insert 1 "intentionally" 2 On page 2, line 38, after " (b)" insert ""Intentionally" has the 3 same meaning as "intent" as defined in RCW 9A.08.010.4 (c)" 5 Reletter the remaining subsection consecutively and correct any 6 internal references accordingly.
714 • Short
Plain English: 5360-S.E AMS SHOR S5245.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 714 By Senator Short NOT ADOPTED 02/17/2026 On page 3, line 5, after " (1)" strike "A" and insert " (a) Except 1 as provided in (b) of this subsection (1), a" 2 On page 3, after line 9, insert the following: 3 "(b) Conduct that does not result in death or substantial bodily 4 harm or place another person in imminent danger of death or 5 substantial bodily harm is not a violation of this section."6 On page 3, line 36, after " (1)" strike "A" and insert " (a) Except 7 as provided in (b) of this subsection (1), a" 8 On page 4, after line 3, insert the following: 9 "(b) Conduct that does not result in death or substantial bodily 10 harm or place another person in imminent danger of death or 11 substantial bodily harm is not a violation of this section."12 On page 11, line 28, after " (1)" strike "A" and insert " (a) 13 Except as provided in (b) of this subsection (1), a"14 On page 11, at the beginning of line 31, strike " (a)" and insert 15 "(i)" 16 On page 11, at the beginning of line 35, strike " (b)" and insert 17 "(ii)" 18 Correct any internal references accordingly.
715 • Fortunato
Plain English: 5360-S.E AMS FORT S5246.2 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 715 By Senator Fortunato ADOPTED 02/17/2026 On page 2, line 25, after "permit," strike "is not considered a 1 violation of that permit for the purposes" and insert "must not be 2 considered a violation" 3 On page 3, line 23, after "permit," strike "is not considered a 4 violation of that permit for the purposes" and insert "must not be 5 considered a violation" 6 On page 4, line 18, after "permit," strike "is not considered a 7 violation of that permit for the purposes" and insert "must not be 8 considered a violation" 9 On page 9, line 17, after "permit," strike "is not considered a 10 violation of that permit for the purposes" and insert "must not be 11 considered a violation" 12 On page 11, line 1, after "permit," strike "is not considered a 13 violation of that permit for the purposes" and insert "must not be 14 considered a violation" 15 On page 12, line 24, after "permit," strike "is not considered a 16 violation of that permit for the purposes" and insert "must not be 17 considered a violation" 18 On page 14, line 5, after "permit," strike "is not considered a 19 violation of that permit for the purposes" and insert "must not be 20 considered a violation" 21 On page 15, line 3, after "permit," strike "is not considered a 22 violation of that permit for the purposes" and insert "must not be 23 considered a violation" 24 On page 15, line 36, after "permit," strike "is not considered a 25 violation of that permit for the purposes" and insert "must not be 26 considered a violation" 27 Code Rev/AF:eab 1 S-5246.2/26 2nd draft EFFECT: Provides that conduct in compliance with the provisions of a permit, including reporting or corrective actions taken pursuant to the permit, must not be considered a criminal violation of the state Water Pollution Control Act, Clean Air Act, or Hazardous Waste Management Act, as applicable, instead of limiting the liability protection to the violation of the applicable permit.
716 • Fortunato
Plain English: 5360-S.E AMS FORT S5248.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 716 By Senator Fortunato NOT ADOPTED 02/17/2026 On page 2, line 23, after " (5)" insert "A violation of this 1 chapter must be based on a preponderance of actual site-based, 2 source-specific environmental testing.
717 • Short
Plain English: 5360-S.E AMS SHOR S5250.2 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 717 By Senator Short NOT ADOPTED 02/17/2026 On page 32, after line 34, insert the following:1 "NEW SECTION.
718 • Goehner
Plain English: 5360-S.E AMS GOEH S5251.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 718 By Senator Goehner NOT ADOPTED 02/17/2026 On page 2, line 6, after " (1)" strike "A" and insert " (a) Except 1 as provided in (b) of this subsection (1), a" 2 On page 2, after line 11, insert the following:3 "(b) Liability for any failure to comply with the terms of a 4 permit is limited to the person to whom the permit was issued."5 On page 3, line 5, after " (1)" strike "A" and insert " (a) Except 6 as provided in (b) of this subsection (1), a" 7 On page 3, after line 9, insert the following: 8 "(b) Liability for any failure to comply with the terms of a 9 permit is limited to the person to whom the permit was issued."10 On page 3, line 36, after " (1)" strike "A" and insert " (a) Except 11 as provided in (b) of this subsection (1), a" 12 On page 4, after line 3, insert the following:13 "(b) Liability for any failure to comply with the terms of a 14 permit is limited to the person to whom the permit was issued."15 On page 8, line 22, after " (1)" strike "A" and insert " (a) Except 16 as provided in (b) of this subsection (1), a" 17 On page 8, at the beginning of line 28, strike " (a)" and insert 18 "(i)" 19 On page 8, at the beginning of line 30, strike " (b)" and insert 20 "(ii)" 21 On page 8, after line 32, insert the following:22 "(b) Liability for any failure to comply with the terms of a 23 permit is limited to the person to whom the permit was issued."24 On page 10, line 3, after " (1)" strike "A" and insert " (a) Except 25 as provided in (b) of this subsection (1), a" 26 Code Rev/AF:jcm 1 S-5251.1/26 On page 10, at the beginning of line 6, strike " (a)" and insert 1 "(i)" 2 On page 10, at the beginning of line 9, strike " (b)" and insert 3 "(ii)" 4 On page 10, at the beginning of line 13, strike " (i)" and insert 5 "(A)" 6 On page 10, at the beginning of line 15, strike " (ii)" and insert 7 "(B)" 8 On page 10, after line 17, insert the following:9 "(b) Liability for any failure to comply with the terms of a 10 permit is limited to the person to whom the permit was issued."11 On page 11, line 28, after " (1)" strike "A" and insert " (a) 12 Except as provided in (b) of this subsection (1), a"13 On page 11, at the beginning of line 31, strike " (a)" and insert 14 "(i)" 15 On page 11, at the beginning of line 35, strike " (b)" and insert 16 "(ii)" 17 On page 11, after line 36, insert the following:18 "(b) Liability for any failure to comply with the terms of a 19 permit is limited to the person to whom the permit was issued."20 On page 13, line 19, after " (1)" strike "A" and insert " (a) 21 Except as provided in (b) of this subsection (1), a"22 On page 13, at the beginning of line 24, strike " (a)" and insert 23 "(i)" 24 On page 13, at the beginning of line 26, strike " (b)" and insert 25 "(ii)" 26 On page 13, after line 28, insert the following:27 "(b) Liability for any failure to comply with the terms of a 28 permit is limited to the person to whom the permit was issued."29 Code Rev/AF:jcm 2 S-5251.1/26 On page 14, line 24, after " (1)" strike "A" and insert " (a) 1 Except as provided in (b) of this subsection (1), a"2 On page 14, after line 27, insert the following:3 "(b) Liability for any failure to comply with the terms of a 4 permit is limited to the person to whom the permit was issued."5 On page 15, line 16, after " (1)" strike "A" and insert " (a) 6 Except as provided in (b) of this subsection (1), a"7 On page 15, after line 20, insert the following:8 "(b) Liability for any failure to comply with the terms of a 9 permit is limited to the person to whom the permit was issued."10 EFFECT: Limits criminal liability for any failure to comply with terms of a permit issued under the state Water Pollution Control Act, Clean Air Act, or Hazardous Waste Management Act to the person to whom the permit was issued.
719 • Braun
Plain English: 5360-S.E AMS BRAU S5260.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 719 By Senator Braun WITHDRAWN 02/17/2026 On page 3, after line 2, insert the following: 1 "(8) Nothing in this section may be construed to impose criminal 2 liability on a person or entity in cases where the person or entity 3 is alleged to have violated a de minimis or immaterial provision of 4 this chapter." 5 On page 3, after line 33, insert the following:6 "(8) Nothing in this section may be construed to impose criminal 7 liability on a person or entity in cases where the person or entity 8 is alleged to have violated a de minimis or immaterial provision of 9 this chapter." 10 On page 4, after line 21, insert the following:11 "(7) Nothing in this section may be construed to impose criminal 12 liability on a person or entity in cases where the person or entity 13 is alleged to have violated a de minimis or immaterial provision of 14 this chapter." 15 On page 9, after line 39, insert the following:16 "(9) Nothing in this section may be construed to impose criminal 17 liability on a person or entity in cases where the person or entity 18 is alleged to have violated a de minimis or immaterial provision of 19 this chapter." 20 On page 11, after line 25, insert the following:21 "(9) Nothing in this section may be construed to impose criminal 22 liability on a person or entity in cases where the person or entity 23 is alleged to have violated a de minimis or immaterial provision of 24 this chapter." 25 On page 12, after line 36, insert the following:26 "(8) Nothing in this section may be construed to impose criminal 27 liability on a person or entity in cases where the person or entity 28 Code Rev/RR:eab 1 S-5260.1/26 is alleged to have violated a de minimis or immaterial provision of 1 this chapter." 2 On page 14, after line 21, insert the following:3 "(8) Nothing in this section may be construed to impose criminal 4 liability on a person or entity in cases where the person or entity 5 is alleged to have violated a de minimis or immaterial provision of 6 this chapter." 7 On page 15, after line 13, insert the following:8 "(8) Nothing in this section may be construed to impose criminal 9 liability on a person or entity in cases where the person or entity 10 is alleged to have violated a de minimis or immaterial provision of 11 this chapter." 12 On page 15, after line 39, insert the following:13 "(7) Nothing in this section may be construed to impose criminal 14 liability on a person or entity in cases where the person or entity 15 is alleged to have violated a de minimis or immaterial provision of 16 this chapter." 17 EFFECT: Provides that a person or entity may not be held criminally liable for violations of the state Water Pollution Control Act, Clean Air Act, or Hazardous Waste Management Act for violations of de minimis or immaterial provisions of the applicable statutes.
720 • Wagoner
Plain English: 5360-S.E AMS WAGO S5261.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 720 By Senator Wagoner NOT ADOPTED 02/17/2026 On page 5, after line 2, insert the following: 1 "NEW SECTION.
721 • Muzzall
Plain English: 5360-S.E AMS MUZZ S5262.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 721 By Senator Muzzall NOT ADOPTED 02/17/2026 On page 9, line 6, after " (a)" insert "Discharges, emissions, or 1 releases resulting from agricultural activities conducted in 2 accordance with generally accepted agricultural management practices;3 (b)" 4 Reletter the remaining subsections consecutively and correct any 5 internal references accordingly.
722 • MacEwen
Plain English: 5360-S.E AMS MACE S5273.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 722 By Senator MacEwen WITHDRAWN 02/17/2026 On page 3, after line 2, insert the following: 1 "(8) Information submitted by a permittee during the application 2 process shall not be admissible as evidence in a criminal prosecution 3 under this chapter." 4 On page 3, after line 33, insert the following:5 "(8) Information submitted by a permittee during the application 6 process shall not be admissible as evidence in a criminal prosecution 7 under this chapter." 8 On page 4, after line 21, insert the following:9 "(7) Information submitted by a permittee during the application 10 process shall not be admissible as evidence in a criminal prosecution 11 under this chapter." 12 On page 9, after line 39, insert the following:13 "(8) Information submitted by a permittee during the application 14 process shall not be admissible as evidence in a criminal prosecution 15 under this chapter." 16 On page 11, after line 25, insert the following:17 "(9) Information submitted by a permittee during the application 18 process shall not be admissible as evidence in a criminal prosecution 19 under this chapter." 20 On page 12, after line 36, insert the following:21 "(8) Information submitted by a permittee during the application 22 process shall not be admissible as evidence in a criminal prosecution 23 under this chapter." 24 On page 14, after line 21, insert the following:25 "(8) Information submitted by a permittee during the application 26 process shall not be admissible as evidence in a criminal prosecution 27 under this chapter." 28 On page 15, after line 13, insert the following:29 Code Rev/RR:ajr 1 S-5273.1/26 "(8) Information submitted by a permittee during the application 1 process shall not be admissible as evidence in a criminal prosecution 2 under this chapter." 3 On page 15, after line 39, insert the following:4 "(7) Information submitted by a permittee during the application 5 process shall not be admissible as evidence in a criminal prosecution 6 under this chapter." 7 EFFECT: Prevents information submitted by a permittee during the application process from being admissible evidence in a criminal prosecution under the state Water Pollution Control Act, Clean Air Act, and Hazardous Waste Management Act.
723 • Gildon
Plain English: 5360-S.E AMS GILD S5279.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 723 By Senator Gildon WITHDRAWN 02/17/2026 On page 32, after line 19, insert the following:1 "NEW SECTION.
726 • Fortunato
Plain English: 5360-S.E AMS FORT S5329.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 726 By Senator Fortunato ADOPTED 02/17/2026 On page 2, line 34, after " (7)" insert "Nothing in this section 1 applies to silt and sediment discharges permitted by a construction 2 stormwater general permit issued under this chapter.3 (8)" 4 Correct any internal references accordingly.
742 • Dozier
Plain English: 5360-S.E AMS DOZI S5249.1 ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 742 By Senator Dozier ADOPTED 02/17/2026 On page 2, line 34, after " (7)" insert "It is not a violation of 1 this chapter if the conduct constituting the alleged violation was 2 performed by a person at the direction of the applicable permitting 3 agency.
79 • Short
Plain English: 5360-S AMS SHOR S1829.1 SSB 5360 - S AMD 79 By Senator Short NOT ADOPTED 03/04/2025 On page 3, after line 18, insert the following:1 "(6) Nothing in this section shall apply to activities listed in 2 RCW 7.48.305 or in the federal clean water act, 33 U.S.C.
80 • Holy
Plain English: 5360-S AMS HOLY S1858.1 SSB 5360 - S AMD 80 By Senator Holy NOT ADOPTED 03/04/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
81 • Boehnke
Plain English: 5360-S AMS BOEH S1859.1 SSB 5360 - S AMD 81 By Senator Boehnke PULLED 03/03/2025 On page 2, beginning on line 28, after " mean" strike all material 1 through "circumstances" on line 30 and insert " the same as "criminal 2 negligence" as provided in RCW 9A.08.010" 3 On page 7, beginning on line 10, after " "negligently"" strike all 4 material through " circumstances" on line 12 and insert " has the same 5 meaning as "criminal negligence" as provided in RCW 9A.08.010"6 On page 12, beginning on line 27, after " "negligently"" strike 7 all material through " circumstances" on line 29 and insert " has the 8 same meaning as "criminal negligence" as provided in RCW 9A.08.010"9 EFFECT: Amends the terms "negligent" and "negligently" as used in the state Water Pollution Control Act, Clean Air Act, and Hazardous Waste Management Act, to reference a current law definition of "criminal negligence" in the Washington Criminal Code.
82 • MacEwen
Plain English: 5360-S AMS MACE S1863.1 SSB 5360 - S AMD 82 By Senator MacEwen NOT ADOPTED 03/04/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
83 • Short
Plain English: 5360-S AMS SHOR S1871.1 SSB 5360 - S AMD 83 By Senator Short NOT ADOPTED 03/04/2025 On page 3, after line 18, insert the following:1 "(6) For the purposes of this section, "person" does not include 2 an individual." 3 On page 3, line 28, after "Code." insert "For the purposes of 4 this subsection, "person" does not include an individual."5 On page 4, line 10, after "Code." insert "For the purposes of 6 this subsection, "person" does not include an individual."7 On page 8, beginning on line 26, after " (3)" strike all material 8 through "toxic." on line 28 and insert "For the purposes of this 9 section: 10 (a) "Air pollutant" does not include an odorous substance unless 11 it is listed by the department as hazardous or toxic; and12 (b) "Person" does not include an individual." 13 On page 9, beginning on line 27, after " (3)" strike all material 14 through "toxic." on line 29 and insert "For the purposes of this 15 section: 16 (a) "Air pollutant" does not include an odorous substance unless 17 it is listed by the department as hazardous or toxic; and18 (b) "Person" does not include an individual." 19 On page 10, beginning on line 26, after " (4)" strike all material 20 through "toxic." on line 28 and insert "For the purposes of this 21 section, "person" does not include an individual."22 On page 13, after line 38, insert the following:23 "(6) For the purposes of this section, "person" does not include 24 an individual." 25 On page 14, line 7, after "chapter." insert "For the purposes of 26 this subsection, "person" does not include an individual."27 Code Rev/AF:roy 1 S-1871.1/25 On page 14, line 23, after "chapter." insert "For the purposes of 1 this subsection, "person" does not include an individual."2 EFFECT: Provides that, for the purposes of determining criminal liability under the state Water Pollution Control Act, Clean Air Act, and Hazardous Waste Management Act violations, the term "person" does not include an individual.
84 • Fortunato
Plain English: 5360-S AMS FORT S1874.1 SSB 5360 - S AMD 84 By Senator Fortunato ADOPTED 03/04/2025 On page 3, after line 18, insert the following:1 "(6) Nothing in this section applies to silt and sediment 2 discharges permitted by a construction stormwater general permit 3 issued under this chapter." 4 On page 3, after line 37, insert the following:5 "(5) Nothing in this section applies to silt and sediment 6 discharges permitted by a construction stormwater general permit 7 issued under this chapter." 8 On page 4, after line 22, insert the following:9 "(5) Nothing in this section applies to silt and sediment 10 discharges permitted by a construction stormwater general permit 11 issued under this chapter." 12 EFFECT: Exempts silt and sediment discharges permitted by a Construction Stormwater General Permit from the state Water Pollution Control Act violations.
85 • Short
Plain English: 5360-S AMS SHOR S2029.1 SSB 5360 - S AMD 85 By Senator Short NOT ADOPTED 03/04/2025 On page 3, after line 18, insert the following:1 "(6) In any investigation or action brought under this section 2 against a person or entity that is subject to an active investigation 3 by the United States department of justice or the United States 4 environmental protection agency, the attorney general shall not seek 5 any relief or remedies that are in conflict with the federal action.
86 • Short
Plain English: 5360-S AMS SHOR S2032.1 SSB 5360 - S AMD 86 By Senator Short NOT ADOPTED 03/04/2025 On page 3, after line 18, insert the following:1 "(6) Nothing in this section applies to a person or entity in 2 compliance with a state or federal permit issued under this chapter 3 or 33 U.S.C.
87 • Short
Plain English: 5360-S AMS SHOR S2033.1 SSB 5360 - S AMD 87 By Senator Short NOT ADOPTED 03/04/2025 On page 3, after line 18, insert the following:1 "(6) Nothing in this section may be construed to affect or 2 abridge the implied right of a person or entity charged with an 3 alleged environmental crime under this section to maintain their 4 innocence until proven guilty beyond a reasonable doubt at trial."5 On page 3, after line 37, insert the following:6 "(5) Nothing in this section may be construed to affect or 7 abridge the implied right of a person or entity charged with an 8 alleged environmental crime under this section to maintain their 9 innocence until proven guilty beyond a reasonable doubt at trial."10 On page 4, after line 22, insert the following:11 "(5) Nothing in this section may be construed to affect or 12 abridge the implied right of a person or entity charged with an 13 alleged environmental crime under this section to maintain their 14 innocence until proven guilty beyond a reasonable doubt at trial."15 On page 9, after line 6, insert the following:16 "(8) Nothing in this section may be construed to affect or 17 abridge the implied right of a person or entity charged with an 18 alleged environmental crime under this section to maintain their 19 innocence until proven guilty beyond a reasonable doubt at trial."20 On page 10, after line 8, insert the following:21 "(8) Nothing in this section may be construed to affect or 22 abridge the implied right of a person or entity charged with an 23 alleged environmental crime under this section to maintain their 24 innocence until proven guilty beyond a reasonable doubt at trial."25 On page 10, after line 37, insert the following:26 "(7) Nothing in this section may be construed to affect or 27 abridge the implied right of a person or entity charged with an 28 Code Rev/AF:eab 1 S-2033.1/25 alleged environmental crime under this section to maintain their 1 innocence until proven guilty beyond a reasonable doubt at trial."2 On page 13, after line 38, insert the following:3 "(6) Nothing in this section may be construed to affect or 4 abridge the implied right of a person or entity charged with an 5 alleged environmental crime under this section to maintain their 6 innocence until proven guilty beyond a reasonable doubt at trial."7 On page 14, after line 16, insert the following:8 "(5) Nothing in this section may be construed to affect or 9 abridge the implied right of a person or entity charged with an 10 alleged environmental crime under this section to maintain their 11 innocence until proven guilty beyond a reasonable doubt at trial."12 On page 14, after line 35, insert the following:13 "(5) Nothing in this section may be construed to affect or 14 abridge the implied right of a person or entity charged with an 15 alleged environmental crime under this section to maintain their 16 innocence until proven guilty beyond a reasonable doubt at trial."17 EFFECT: Specifies that nothing in the state Water Pollution Control Act, Clean Air Act, and Hazardous Waste Management Act sections may be construed to affect or abridge the implied right of a person or entity charged with an alleged environmental crime to maintain their innocence until proven guilty beyond a reasonable doubt at trial.
91 • Trudeau
Plain English: 5360-S AMS TRUD S2024.1 SSB 5360 - S AMD 91 By Senator Trudeau ADOPTED 03/04/2025 Beginning on page 1, strike all of section 1 1 Renumber the remaining sections consecutively and correct any 2 internal references accordingly.
92 • Trudeau
Plain English: 5360-S AMS TRUD S2026.1 SSB 5360 - S AMD 92 By Senator Trudeau ADOPTED 03/04/2025 On page 9, line 4, after " 70A.15.5120(1)" insert "or 1 70A.15.4530," 2 On page 10, line 6, after " 70A.15.5120(1)" insert "or 3 70A.15.4530," 4 On page 10, line 35, after " 70A.15.5120(1)" insert "or 5 70A.15.4530," 6 EFFECT: Exempts odors or fugitive dust caused by agricultural activities consistent with good agricultural practices from the state Clean Air Act violations.
93 • Trudeau
Plain English: 5360-S AMS TRUD S2023.2 SSB 5360 - S AMD 93 By Senator Trudeau ADOPTED 03/04/2025 On page 2, line 35, after "RCW, or" strike all material through 1 "thereof, or" on line 37 2 On page 2, line 38, after "Code" insert "," 3 On page 3, line 25, after "RCW, or" strike all material through 4 "thereof, or" on line 26 5 On page 4, line 7, after "RCW, or" strike all material through 6 "thereof, or" on line 9 7 EFFECT: Removes, from each state Water Pollution Control Act violation, language relating to a person being criminally liable for certain violations of any final written orders or directive of the Department of Ecology or a court.
94 • Trudeau
Plain English: 5360-S AMS TRUD S2028.1 SSB 5360 - S AMD 94 By Senator Trudeau PULLED 03/03/2025 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
1st substitute bill substituted.
Environmental crimes
AN ACT Relating to environmental crimes; amending RCW 90.48.020 1 and 70A.300.010; reenacting and amending RCW 70A.15.1030 and 2 9.94A.515; adding new sections to chapter 90.48 RCW; adding new 3 sections to chapter 70A.15 RCW; adding new sections to chapter 4 70A.300 RCW; repealing RCW 90.48.140, 70A.15.3150, 70A.300.100, and 5 70A.300.110; and prescribing penalties. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7 Sec. 1. RCW 90.48.020 and 2002 c 161 s 4 are each amended to 8 read as follows: 9 Whenever the word "person" is used in this chapter, it shall be 10 construed to include any political subdivision, government agency, 11 municipality, industry, public or private corporation, copartnership, 12 association, firm, individual, or any other entity whatsoever.13 Wherever the words "waters of the state" shall be used in this 14 chapter, they shall be construed to include lakes, rivers, ponds, 15 streams, inland waters, underground waters, salt waters , and all 16 other surface waters and watercourses within the jurisdiction of the 17 state of Washington. 18 Whenever the word "pollution" is used in this chapter, it shall 19 be construed to mean such contamination, or other alteration of the 20 physical, chemical or biological properties, of any waters of the 21 S-0027.3 SENATE BILL 5360 State of Washington 69th Legislature 2025 Regular Session By Senators Trudeau, Lovelett, Frame, Hasegawa, Krishnadasan, Nobles, and Valdez Read first time 01/20/25. Referred to Committee on Environment, Energy & Technology. p. 1 SB 5360 state, including change in temperature, taste, color, turbidity, or 1 odor of the waters, or such discharge of any liquid, gaseous, solid, 2 radioactive, or other substance into any waters of the state as will 3 or is likely to create a nuisance or render such waters harmful, 4 detrimental or injurious to the public health, safety or welfare, or 5 to domestic, commercial, industrial, agricultural, recreational, or 6 other legitimate beneficial uses, or to livestock, wild animals, 7 birds, fish, or other aquatic life. 8 Wherever the word "department" is used in this chapter it shall 9 mean the department of ecology. 10 Whenever the word "director" is used in this chapter it shall 11 mean the director of ecology. 12 Whenever the words "aquatic noxious weed" are used in this 13 chapter, they have the meaning prescribed under RCW 17.26.020.14 Whenever the words "general sewer plan" are used in this chapter 15 they shall be construed to include all sewerage general plans, sewer 16 general comprehensive plans, plans for a system of sewerage, and 17 other plans for sewer systems adopted by a local government entity 18 including but not limited to cities, towns, public utility districts, 19 and water-sewer districts. 20 Whenever the words "knows" or "knowingly" are used in this 21 chapter it shall be construed to mean that a person is aware of the 22 conduct that results in a violation; or he or she has information 23 that would lead a reasonable person in the same situation to believe 24 that facts exist which facts are described by a statute defining an 25 offense.26 Whenever the words "negligent" or "negligently" are used in this 27 chapter they shall be construed to mean a failure to use such care as 28 a reasonably prudent and careful person would use under similar 29 circumstances.30 NEW SECTION. Sec. 2. A new section is added to chapter 90.48 31 RCW to read as follows: 32 (1) A person is guilty of a violation of the water pollution 33 control act in the first degree if the person knowingly violates any 34 provisions of this chapter or chapter 90.56 RCW, or any final written 35 orders or directive of the department or a court in pursuance 36 thereof, or any permit issued under this chapter or of Title 33 of 37 the United States Code and the person knows at the time that the 38 p. 2 SB 5360 conduct constituting the violation places another person in imminent 1 danger of death or substantial bodily harm. 2 (2) An entity is guilty of the offense if an agent of the entity 3 commits the offense while acting within the scope of his or her 4 duties and on behalf of the entity. 5 (3) Each day upon which a violation of this section occurs may be 6 deemed a separate and additional violation. 7 (4) A violation of the water pollution control act in the first 8 degree is a class B felony punishable according to chapter 9A.20 RCW.9 (5) Unless the context clearly requires otherwise, the 10 definitions in this subsection apply throughout this section.11 (a) "Imminent danger" means that there is a substantial 12 likelihood that harm will be experienced should the danger not be 13 eliminated. 14 (b) "Substantial bodily harm" has the same definition as under 15 RCW 9A.04.110. 16 NEW SECTION. Sec. 3. A new section is added to chapter 90.48 17 RCW to read as follows: 18 (1) A person is guilty of a violation of the water pollution 19 control act in the second degree if the person, under circumstances 20 not amounting to a violation of the water pollution control act in 21 the first degree, knowingly violates any of the provisions of this 22 chapter or chapter 90.56 RCW, or any final written orders or 23 directive of the department or a court in pursuance thereof, or any 24 permit issued under this chapter or of Title 33 of the United States 25 Code. 26 (2) An entity is guilty of the offense if an agent of the entity 27 commits the offense while acting within the scope of his or her 28 duties and on behalf of the entity. 29 (3) Each day upon which a violation of this section occurs may be 30 deemed a separate and additional violation. 31 (4) A violation of the water pollution control act in the second 32 degree is a class C felony punishable according to chapter 9A.20 RCW.33 NEW SECTION. Sec. 4. A new section is added to chapter 90.48 34 RCW to read as follows: 35 (1) A person is guilty of a violation of the water pollution 36 control act in the third degree if the person, under circumstances 37 not amounting to a violation of the water pollution control act in 38 p. 3 SB 5360 the first or second degree, negligently violates any of the 1 provisions of this chapter or chapter 90.56 RCW, or any final written 2 orders or directive of the department or a court in pursuance 3 thereof, or any permit issued under this chapter or of Title 33 of 4 the United States Code. 5 (2) An entity is guilty of the offense if an agent of the entity 6 commits the offense while acting within the scope of his or her 7 duties and on behalf of the entity. 8 (3) Each day upon which a violation of this section occurs may be 9 deemed a separate and additional violation. 10 (4) A violation of the water pollution control act in the third 11 degree is a gross misdemeanor punishable by a fine of up to $10,000 12 and costs of prosecution, by imprisonment in the county jail for up 13 to 364 days, or by both such fine and imprisonment in the discretion 14 of the court. 15 Sec. 5. RCW 70A.15.1030 and 2024 c 280 s 2 are each reenacted 16 and amended to read as follows: 17 The definitions in this section apply throughout this chapter 18 unless the context clearly requires otherwise. 19 (1) "Air contaminant" or "air pollutant" means dust, fumes, mist, 20 smoke, other particulate matter, vapor, gas, odorous substance, or 21 any combination thereof. 22 (2) "Air pollution" is presence in the outdoor atmosphere of one 23 or more air contaminants in sufficient quantities and of such 24 characteristics and duration as is, or is likely to be, injurious to 25 human health, plant or animal life, or property, or which 26 unreasonably interfere with enjoyment of life and property. For the 27 purpose of this chapter, air pollution shall not include air 28 contaminants emitted in compliance with chapter 17.21 RCW.29 (3) "Air quality standard" means an established concentration, 30 exposure time, and frequency of occurrence of an air contaminant or 31 multiple contaminants in the ambient air which shall not be exceeded.32 (4) "Ambient air" means the surrounding outside air.33 (5) "Authority" means any air pollution control agency whose 34 jurisdictional boundaries are coextensive with the boundaries of one 35 or more counties. 36 (6) "Best available control technology" (BACT) means an emission 37 limitation based on the maximum degree of reduction for each air 38 pollutant subject to regulation under this chapter emitted from or 39 p. 4 SB 5360 that results from any new or modified stationary source, that the 1 permitting authority, on a case-by-case basis, taking into account 2 energy, environmental, and economic impacts and other costs, 3 determines is achievable for such a source or modification through 4 application of production processes and available methods, systems, 5 and techniques, including fuel cleaning, clean fuels, or treatment or 6 innovative fuel combustion techniques for control of each such a 7 pollutant. In no event shall application of "best available control 8 technology" result in emissions of any pollutants that will exceed 9 the emissions allowed by any applicable standard under 40 C.F.R. Part 10 60 and Part 61, as they exist on July 25, 1993, or their later 11 enactments as adopted by reference by the director by rule. Emissions 12 from any source utilizing clean fuels, or any other means, to comply 13 with this subsection shall not be allowed to increase above levels 14 that would have been required under the definition of BACT as it 15 existed prior to enactment of the federal clean air act amendments of 16 1990. 17 (7) "Best available retrofit technology" (BART) means an emission 18 limitation based on the degree of reduction achievable through the 19 application of the best system of continuous emission reduction for 20 each pollutant that is emitted by an existing stationary facility. 21 The emission limitation must be established, on a case-by-case basis, 22 taking into consideration the technology available, the costs of 23 compliance, the energy and nonair quality environmental impacts of 24 compliance, any pollution control equipment in use or in existence at 25 the source, the remaining useful life of the source, and the degree 26 of improvement in visibility that might reasonably be anticipated to 27 result from the use of the technology. 28 (8) "Board" means the board of directors of an authority.29 (9) "Control officer" means the air pollution control officer of 30 any authority. 31 (10) "Department" or "ecology" means the department of ecology.32 (11) "Emission" means a release of air contaminants into the 33 ambient air. 34 (12) "Emission standard" and "emission limitation" mean a 35 requirement established under the federal clean air act or this 36 chapter that limits the quantity, rate, or concentration of emissions 37 of air contaminants on a continuous basis, including any requirement 38 relating to the operation or maintenance of a source to assure 39 continuous emission reduction, and any design, equipment, work 40 p. 5 SB 5360 practice, or operational standard adopted under the federal clean air 1 act or this chapter. 2 (13) "Fine particulate" means particulates with a diameter of two 3 and one-half microns and smaller. 4 (14) "Flame cap kiln" means an outdoor container used for the 5 combustion of natural vegetation from silvicultural or agricultural 6 activities that meets the following requirements: 7 (a) Has a solid or sealed bottom including, but not limited to, 8 mineral soils, so that all air for combustion comes from above;9 (b) Is completely open on top with no restrictions;10 (c) Is a shallow container where the width is greater than the 11 height; and 12 (d) Has a volume of 10 cubic meters or less. 13 (15) "Knows" or "knowingly" means that a person is aware of the 14 conduct that results in a violation; or he or she has information 15 that would lead a reasonable person in the same situation to believe 16 that facts exist which facts are described by a statute defining an 17 offense.18 (16)(a) "Lowest achievable emission rate" (LAER) means for any 19 source that rate of emissions that reflects: 20 (i) The most stringent emission limitation that is contained in 21 the implementation plan of any state for such class or category of 22 source, unless the owner or operator of the proposed source 23 demonstrates that such limitations are not achievable; or24 (ii) The most stringent emission limitation that is achieved in 25 practice by such class or category of source, whichever is more 26 stringent. 27 (b) In no event shall the application of this term permit a 28 proposed new or modified source to emit any pollutant in excess of 29 the amount allowable under applicable new source performance 30 standards. 31 (((16))) (17) "Modification" means any physical change in, or 32 change in the method of operation of, a stationary source that 33 increases the amount of any air contaminant emitted by such source or 34 that results in the emission of any air contaminant not previously 35 emitted. The term modification shall be construed consistent with the 36 definition of modification in Section 7411, Title 42, United States 37 Code, and with rules implementing that section. 38 (((17))) (18) "Multicounty authority" means an authority which 39 consists of two or more counties. 40 p. 6 SB 5360 (((18))) (19) "Negligent" or "negligently" means a failure to use 1 such care as a reasonably prudent and careful person would use under 2 similar circumstances.3 (20) "New source" means (a) the construction or modification of a 4 stationary source that increases the amount of any air contaminant 5 emitted by such source or that results in the emission of any air 6 contaminant not previously emitted, and (b) any other project that 7 constitutes a new source under the federal clean air act.8 (((19))) (21) "Permit program source" means a source required to 9 apply for or to maintain an operating permit under RCW 70A.15.2260.10 (((20))) (22) "Person" means an individual, firm, public or 11 private corporation, association, partnership, political subdivision 12 of the state, municipality, or governmental agency.13 (((21))) (23) "Reasonably available control technology" (RACT) 14 means the lowest emission limit that a particular source or source 15 category is capable of meeting by the application of control 16 technology that is reasonably available considering technological and 17 economic feasibility. RACT is determined on a case-by-case basis for 18 an individual source or source category taking into account the 19 impact of the source upon air quality, the availability of additional 20 controls, the emission reduction to be achieved by additional 21 controls, the impact of additional controls on air quality, and the 22 capital and operating costs of the additional controls. RACT 23 requirements for a source or source category shall be adopted only 24 after notice and opportunity for comment are afforded.25 (((22))) (24) "Silvicultural burning" means burning of wood fiber 26 on forestland or combustion of natural vegetation from silvicultural 27 activities consistent with the provisions of RCW 70A.15.5120.28 (((23))) (25) "Source" means all of the emissions units including 29 quantifiable fugitive emissions, that are located on one or more 30 contiguous or adjacent properties, and are under the control of the 31 same person, or persons under common control, whose activities are 32 ancillary to the production of a single product or functionally 33 related group of products. 34 (((24))) (26) "Stationary source" means any building, structure, 35 facility, or installation that emits or may emit any air contaminant.36 (((25))) (27) "Trigger level" means the ambient level of fine 37 particulates, measured in micrograms per cubic meter, that must be 38 detected prior to initiating a first or second stage of impaired air 39 quality under RCW 70A.15.3580. 40 p. 7 SB 5360 NEW SECTION. Sec. 6. A new section is added to chapter 70A.15 1 RCW to read as follows: 2 (1) A person is guilty of a violation of the clean air act in the 3 first degree if the person knowingly releases into the ambient air 4 any substance listed by the department as a hazardous or toxic air 5 pollutant, other than in compliance with the terms of an applicable 6 permit or emission limit, and the person knows at the time that he or 7 she thereby places: 8 (a) Another person in imminent danger of death or substantial 9 bodily harm; or 10 (b) Any property of another person, or any natural resources 11 owned by the state of Washington, or any of its local governments, in 12 imminent danger of harm. 13 (2) An entity is guilty of the offense if an agent of the entity 14 commits the offense while acting within the scope of his or her 15 duties and on behalf of the entity. 16 (3) For the purposes of this section, air pollutant does not 17 include an odorous substance unless it is listed by the department as 18 hazardous or toxic. 19 (4) Unless the context clearly requires otherwise, the 20 definitions in this subsection apply throughout this section.21 (a) "Imminent danger" means that there is a substantial 22 likelihood that harm will be experienced should the danger not be 23 eliminated. 24 (b) "Substantial bodily harm" has the same definition as under 25 RCW 9A.04.110. 26 (5) Each day upon which a violation of this section occurs may be 27 deemed a separate and additional violation. 28 (6) A violation of the clean air act in the first degree is a 29 class B felony punishable according to chapter 9A.20 RCW.30 NEW SECTION. Sec. 7. A new section is added to chapter 70A.15 31 RCW to read as follows: 32 (1) A person is guilty of a violation of the clean air act in the 33 second degree if the person, under circumstances not amounting to a 34 violation of the clean air act in the first degree:35 (a) Knowingly violates any of the provisions of this chapter or 36 chapter 70A.25, 70A.60, or 70A.535 RCW, or any ordinance resolution, 37 or regulation in force pursuant thereto; or 38 p. 8 SB 5360 (b) Negligently releases into the ambient air any substance 1 listed by the department as a hazardous or toxic air pollutant, other 2 than in compliance with the terms of an applicable permit or emission 3 limit, and: 4 (i) Places another person in imminent danger of death or 5 substantial bodily harm; or 6 (ii) Places any property of another person, or any natural 7 resources owned by the state of Washington, or any of its local 8 governments, in imminent danger of harm. 9 (2) An entity is guilty of the offense if an agent of the entity 10 commits the offense while acting within the scope of his or her 11 duties and on behalf of the entity. 12 (3) For the purposes of this section, air pollutant does not 13 include an odorous substance unless it is listed by the department as 14 hazardous or toxic. 15 (4) Unless the context clearly requires otherwise, the 16 definitions in this subsection apply throughout this section.17 (a) "Imminent danger" means that there is a substantial 18 likelihood that harm will be experienced should the danger not be 19 eliminated. 20 (b) "Substantial bodily harm" has the same definition as under 21 RCW 9A.04.110. 22 (5) Each day upon which a violation of this section occurs may be 23 deemed a separate and additional violation. 24 (6) A violation of the clean air act in the second degree is a 25 class C felony punishable according to chapter 9A.20 RCW.26 NEW SECTION. Sec. 8. A new section is added to chapter 70A.15 27 RCW to read as follows: 28 (1) A person is guilty of a violation of the clean air act in the 29 third degree if the person, under circumstances not amounting to a 30 violation of the clean air act in the first or second degree:31 (a) Negligently violates any of the provisions of this chapter or 32 chapter 70A.25, 70A.60, or 70A.535 RCW, or any ordinance, resolution, 33 or regulation in force pursuant thereto; or 34 (b) Knowingly fails to disclose a potential conflict of interest 35 under RCW 70A.15.2000. 36 (2) An entity is guilty of the offense if an agent of the entity 37 commits the offense while acting within the scope of his or her 38 duties and on behalf of the entity. 39 p. 9 SB 5360 (3) Each day upon which a violation of this section occurs may be 1 deemed a separate and additional violation. 2 (4) For the purposes of this section, air pollutant does not 3 include an odorous substance unless it is listed by the department as 4 hazardous or toxic. 5 (5) A violation of the clean air act in the third degree is a 6 gross misdemeanor and upon conviction shall be punishable by a fine 7 of not more than $10,000, or by imprisonment in the county jail for 8 up to 364 days. 9 Sec. 9. RCW 70A.300.010 and 2020 c 20 s 1278 are each amended to 10 read as follows: 11 ((The words and phrases defined in this section shall have the 12 meanings indicated when used in )) The definitions in this section 13 apply throughout this chapter unless the context clearly requires 14 otherwise. 15 (1) "Dangerous wastes" means any discarded, useless, unwanted, or 16 abandoned substances ((,)) including, but not limited to , certain 17 pesticides, or any residues or containers of such substances which 18 are disposed of in such quantity or concentration as to pose a 19 substantial present or potential hazard to human health, wildlife, or 20 the environment because such wastes or constituents or combinations 21 of such wastes: 22 (a) Have short-lived, toxic properties that may cause death, 23 injury, or illness or have mutagenic, teratogenic, or carcinogenic 24 properties; or 25 (b) Are corrosive, explosive, flammable, or may generate pressure 26 through decomposition or other means. 27 (2) "Department" means the department of ecology.28 (3) "Designated zone facility" means any facility that requires 29 an interim or final status permit under rules adopted under this 30 chapter and that is not a preempted facility as defined in this 31 section. 32 (4) "Director" means the director of the department of ecology or 33 the director's designee. 34 (5) "Disposal site" means a geographical site in or upon which 35 hazardous wastes are disposed of in accordance with the provisions of 36 this chapter. 37 p. 10 SB 5360 (6) "Dispose or disposal" means the discarding or abandoning of 1 hazardous wastes or the treatment, decontamination, or recycling of 2 such wastes once they have been discarded or abandoned.3 (7) "Extremely hazardous waste" means any dangerous waste which:4 (a) Will persist in a hazardous form for several years or more at 5 a disposal site and which in its persistent form:6 (i) Presents a significant environmental hazard and may be 7 concentrated by living organisms through a food chain or may affect 8 the genetic makeup of human beings or wildlife((,)); and9 (ii) Is highly toxic to human beings or wildlife.10 (b) If disposed of at a disposal site in such quantities as would 11 present an extreme hazard to human beings or the environment.12 (8) "Facility" means all contiguous land and structures, other 13 appurtenances, and improvements on the land used for recycling, 14 storing, treating, incinerating, or disposing of hazardous waste.15 (9) "Hazardous household substances" means those substances 16 identified by the department as hazardous household substances in the 17 guidelines developed under RCW 70A.300.350. 18 (10) "Hazardous substances" means any liquid, solid, gas, or 19 sludge, including any material, substance, product, commodity, or 20 waste, regardless of quantity, that exhibits any of the 21 characteristics or criteria of hazardous waste as described in rules 22 adopted under this chapter. 23 (11) "Hazardous waste" means and includes all dangerous and 24 extremely hazardous waste, including substances composed of both 25 radioactive and hazardous components. 26 (12) "Knows" or "knowingly" means that a person is aware of the 27 conduct that results in a violation; or he or she has information 28 that would lead a reasonable person in the same situation to believe 29 that facts exist which facts are described by a statute defining an 30 offense.31 (13) "Local government" means a city, town, or county.32 (((13))) (14) "Moderate-risk waste" means (a) any waste that 33 exhibits any of the properties of hazardous waste but is exempt from 34 regulation under this chapter solely because the waste is generated 35 in quantities below the threshold for regulation, and (b) any 36 household wastes which are generated from the disposal of substances 37 identified by the department as hazardous household substances.38 p. 11 SB 5360 (((14))) (15) "Negligent" or "negligently" means a failure to use 1 such care as a reasonably prudent and careful person would use under 2 similar circumstances.3 (16) "Person" means any person, firm, association, county, public 4 or municipal or private corporation, agency, or other entity 5 whatsoever. 6 (((15))) (17) "Pesticide" shall have the meaning of the term as 7 defined in RCW 15.58.030 as now or hereafter amended.8 (((16))) (18) "Preempted facility" means any facility that 9 includes as a significant part of its activities any of the following 10 operations: (a) Landfill, (b) incineration, (c) land treatment, (d) 11 surface impoundment to be closed as a landfill, or (e) waste pile to 12 be closed as a landfill. 13 (((17))) (19) "Service charge" means an assessment imposed under 14 RCW 70A.300.460 against those facilities that store, treat, 15 incinerate, or dispose of dangerous or extremely hazardous waste that 16 contains both a nonradioactive hazardous component and a radioactive 17 component. Service charges shall also apply to facilities undergoing 18 closure under this chapter in those instances where closure entails 19 the physical characterization of remaining wastes which contain both 20 a nonradioactive hazardous component and a radioactive component or 21 the management of such wastes through treatment or removal, except 22 any commercial low-level radioactive waste facility.23 NEW SECTION. Sec. 10. A new section is added to chapter 70A.300 24 RCW to read as follows: 25 (1) A person is guilty of a violation of this chapter in the 26 first degree if the person knowingly transports, treats, stores, 27 handles, disposes of, or exports a hazardous substance in violation 28 of this chapter and the person knows at the time that the conduct 29 constituting the violation: 30 (a) Places another person in imminent danger of death or 31 substantial bodily harm; or 32 (b) Places any property of another person, any natural resources 33 owned by the state of Washington, or any of its local governments, in 34 imminent danger of harm. 35 (2) An entity is guilty of the offense if an agent of the entity 36 commits the offense while acting within the scope of his or her 37 duties and on behalf of the entity. 38 p. 12 SB 5360 (3) Unless the context clearly requires otherwise, the 1 definitions in this subsection apply throughout this section.2 (a) "Imminent danger" means that there is a substantial 3 likelihood that harm will be experienced should the danger not be 4 eliminated. 5 (b) "Substantial bodily harm" has the same definition as under 6 RCW 9A.04.110. 7 (4) Each day upon which a violation of this section occurs may be 8 deemed a separate and additional violation. 9 (5) A violation of this chapter in the first degree is a class B 10 felony punishable according to chapter 9A.20 RCW. 11 NEW SECTION. Sec. 11. A new section is added to chapter 70A.300 12 RCW to read as follows: 13 (1) A person is guilty of a violation of this chapter in the 14 second degree if the person, under circumstances not amounting to a 15 violation of this chapter in the first degree, knowingly violates any 16 provisions of this chapter, or of the rules implementing this 17 chapter. 18 (2) An entity is guilty of the offense if an agent of the entity 19 commits the offense while acting within the scope of his or her 20 duties and on behalf of the entity. 21 (3) Each day upon which a violation of this section occurs may be 22 deemed a separate and additional violation. 23 (4) A violation of this chapter in the second degree is a class C 24 felony punishable according to chapter 9A.20 RCW. 25 NEW SECTION. Sec. 12. A new section is added to chapter 70A.15 26 RCW to read as follows: 27 (1) A person is guilty of a violation of this chapter in the 28 third degree if the person, under circumstances not amounting to a 29 violation of this chapter in the first or second degree, negligently 30 violates any provisions of this chapter, or the rules implementing 31 this chapter. 32 (2) An entity is guilty of the offense if an agent of the entity 33 commits the offense while acting within the scope of his or her 34 duties and on behalf of the entity. 35 (3) Each day upon which a violation of this section occurs may be 36 deemed a separate and additional violation. 37 p. 13 SB 5360 (4) A violation of this chapter in the third degree is a gross 1 misdemeanor and upon conviction shall be punishable by a fine of not 2 more than $10,000, or by imprisonment in the county jail for up to 3 364 days. 4 Sec. 13. RCW 9.94A.515 and 2024 c 301 s 29 and 2024 c 55 s 1 are 5 each reenacted and amended to read as follows: 6 7 TABLE 2 8 9 CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL 10 XVI Aggravated Murder 1 (RCW 10.95.020) 11 XV Homicide by abuse (RCW 9A.32.055) 12 13 Malicious explosion 1 (RCW 70.74.280(1)) 14 Murder 1 (RCW 9A.32.030) 15 XIV Murder 2 (RCW 9A.32.050) 16 Trafficking 1 (RCW 9A.40.100(1)) 17 18 XIII Malicious explosion 2 (RCW 70.74.280(2)) 19 20 Malicious placement of an explosive 1 (RCW 70.74.270(1)) 21 XII Assault 1 (RCW 9A.36.011) 22 Assault of a Child 1 (RCW 9A.36.120) 23 24 Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a)) 25 26 Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101) 27 Rape 1 (RCW 9A.44.040) 28 Rape of a Child 1 (RCW 9A.44.073) 29 Trafficking 2 (RCW 9A.40.100(3)) 30 XI Manslaughter 1 (RCW 9A.32.060) 31 Rape 2 (RCW 9A.44.050) 32 Rape of a Child 2 (RCW 9A.44.076) p. 14 SB 5360 1 2 3 Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520) 4 5 6 Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520) 7 X Child Molestation 1 (RCW 9A.44.083) 8 9 Criminal Mistreatment 1 (RCW 9A.42.020) 10 11 12 Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a)) 13 Kidnapping 1 (RCW 9A.40.020) 14 15 Leading Organized Crime (RCW 9A.82.060(1)(a)) 16 17 Malicious explosion 3 (RCW 70.74.280(3)) 18 19 Sexually Violent Predator Escape (RCW 9A.76.115) 20 21 IX Abandonment of Dependent Person 1 (RCW 9A.42.060) 22 Assault of a Child 2 (RCW 9A.36.130) 23 24 Explosive devices prohibited (RCW 70.74.180) 25 26 Hit and Run—Death (RCW 46.52.020(4)(a)) 27 28 29 Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050) 30 31 Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) 32 33 Malicious placement of an explosive 2 (RCW 70.74.270(2)) 34 Robbery 1 (RCW 9A.56.200) 35 Sexual Exploitation (RCW 9.68A.040) p. 15 SB 5360 1 VIII Arson 1 (RCW 9A.48.020) 2 3 Commercial Sexual Abuse of a Minor (RCW 9.68A.100) 4 5 6 Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050) 7 Manslaughter 2 (RCW 9A.32.070) 8 9 Promoting Prostitution 1 (RCW 9A.88.070) 10 Theft of Ammonia (RCW 69.55.010) 11 12 13 VII Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b)) 14 15 16 Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b)) 17 Burglary 1 (RCW 9A.52.020) 18 Child Molestation 2 (RCW 9A.44.086) 19 20 Civil Disorder Training (RCW 9A.48.120) 21 22 Custodial Sexual Misconduct 1 (RCW 9A.44.160) 23 24 25 Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1)) 26 Drive-by Shooting (RCW 9A.36.045) 27 28 False Reporting 1 (RCW 9A.84.040(2)(a)) 29 30 31 Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050) 32 33 34 Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c)) 35 36 Introducing Contraband 1 (RCW 9A.76.140) p. 16 SB 5360 1 2 Malicious placement of an explosive 3 (RCW 70.74.270(3)) 3 4 5 6 7 Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b)) 8 9 10 Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675) 11 12 13 14 Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b)) 15 16 17 18 Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1)) 19 20 Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)) 21 22 23 Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225) 24 25 26 Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) 27 28 VI Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) 29 Bribery (RCW 9A.68.010) 30 Incest 1 (RCW 9A.64.020(1)) 31 Intimidating a Judge (RCW 9A.72.160) 32 33 Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130) 34 35 Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) p. 17 SB 5360 1 2 3 Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1)) 4 Rape of a Child 3 (RCW 9A.44.079) 5 Theft of a Firearm (RCW 9A.56.300) 6 7 Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1)) 8 9 Unlawful Storage of Ammonia (RCW 69.55.020) 10 11 V Abandonment of Dependent Person 2 (RCW 9A.42.070) 12 13 14 Advancing money or property for extortionate extension of credit (RCW 9A.82.030) 15 16 Air bag diagnostic systems (RCW 46.37.660(2)(c)) 17 18 Air bag replacement requirements (RCW 46.37.660(1)(c)) 19 20 Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) 21 Child Molestation 3 (RCW 9A.44.089) 22 23 Clean Air Act Violation 1 (section 6 of this act) 24 25 Criminal Mistreatment 2 (RCW 9A.42.030) 26 27 Custodial Sexual Misconduct 2 (RCW 9A.44.170) 28 29 30 Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2)) 31 32 33 34 Domestic Violence Court Order Violation (RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or 26.52.070) 35 Extortion 1 (RCW 9A.56.120) p. 18 SB 5360 1 2 Extortionate Extension of Credit (RCW 9A.82.020) 3 4 5 Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040) 6 7 Hazardous Waste Act Violation 1 (section 10 of this act) 8 Incest 2 (RCW 9A.64.020(2)) 9 Kidnapping 2 (RCW 9A.40.030) 10 11 12 13 Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c)) 14 Perjury 1 (RCW 9A.72.020) 15 16 Persistent prison misbehavior (RCW 9.94.070) 17 18 Possession of a Stolen Firearm (RCW 9A.56.310) 19 Rape 3 (RCW 9A.44.060) 20 21 Rendering Criminal Assistance 1 (RCW 9A.76.070) 22 23 24 25 Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c)) 26 27 28 29 Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2)) 30 31 Sexual Misconduct with a Minor 1 (RCW 9A.44.093) 32 33 Sexually Violating Human Remains (RCW 9A.44.105) 34 Stalking (RCW 9A.46.110) 35 36 Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070) p. 19 SB 5360 1 2 Water Pollution Control Act Violation 1 (section 2 of this act) 3 IV Arson 2 (RCW 9A.48.030) 4 Assault 2 (RCW 9A.36.021) 5 6 7 Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h)) 8 9 Assault 4 (third domestic violence offense) (RCW 9A.36.041(3)) 10 11 Assault by Watercraft (RCW 79A.60.060) 12 13 14 Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100) 15 Cheating 1 (RCW 9.46.1961) 16 Commercial Bribery (RCW 9A.68.060) 17 Counterfeiting (RCW 9.16.035(4)) 18 19 Driving While Under the Influence (RCW 46.61.502(6)) 20 21 Endangerment with a Controlled Substance (RCW 9A.42.100) 22 Escape 1 (RCW 9A.76.110) 23 Hate Crime (RCW 9A.36.080) 24 25 Hit and Run—Injury (RCW 46.52.020(4)(b)) 26 27 Hit and Run with Vessel—Injury Accident (RCW 79A.60.200(3)) 28 Identity Theft 1 (RCW 9.35.020(2)) 29 30 31 Indecent Exposure to Person Under Age 14 (subsequent sex offense) (RCW 9A.88.010) 32 33 Influencing Outcome of Sporting Event (RCW 9A.82.070) p. 20 SB 5360 1 2 3 Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6)) 4 5 6 Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2)) 7 Residential Burglary (RCW 9A.52.025) 8 Robbery 2 (RCW 9A.56.210) 9 Theft of Livestock 1 (RCW 9A.56.080) 10 Threats to Bomb (RCW 9.61.160) 11 12 Trafficking in Catalytic Converters 1 (RCW 9A.82.190) 13 14 Trafficking in Stolen Property 1 (RCW 9A.82.050) 15 16 17 Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b)) 18 19 20 Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3)) 21 22 23 Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3)) 24 25 Unlawful transaction of insurance business (RCW 48.15.023(3)) 26 27 Unlicensed practice as an insurance professional (RCW 48.17.063(2)) 28 29 30 Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2)) 31 32 Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3)) p. 21 SB 5360 1 2 3 4 5 Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522) 6 7 8 Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1)) 9 III Animal Cruelty 1 (RCW 16.52.205) 10 11 12 13 Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h)) 14 Assault of a Child 3 (RCW 9A.36.140) 15 16 Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) 17 Burglary 2 (RCW 9A.52.030) 18 19 20 Communication with a Minor for Immoral Purposes (RCW 9.68A.090) 21 22 Clean Air Act Violation 2 (section 7 of this act) 23 24 Criminal Gang Intimidation (RCW 9A.46.120) 25 Custodial Assault (RCW 9A.36.100) 26 27 Cyber Harassment (RCW 9A.90.120(2)(b)) 28 Escape 2 (RCW 9A.76.120) 29 Extortion 2 (RCW 9A.56.130) 30 31 False Reporting 2 (RCW 9A.84.040(2)(b)) 32 Harassment (RCW 9A.46.020) 33 34 Hazardous Waste Act Violation 2 (section 11 of this act) 35 Hazing (RCW 28B.10.901(2)(b)) p. 22 SB 5360 1 2 Intimidating a Public Servant (RCW 9A.76.180) 3 4 Introducing Contraband 2 (RCW 9A.76.150) 5 6 Malicious Injury to Railroad Property (RCW 81.60.070) 7 8 Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190) 9 10 11 12 Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325) 13 Mortgage Fraud (RCW 19.144.080) 14 15 16 17 Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674) 18 19 Organized Retail Theft 1 (RCW 9A.56.350(2)) 20 Perjury 2 (RCW 9A.72.030) 21 22 Possession of Incendiary Device (RCW 9.40.120) 23 24 25 26 Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190) 27 28 Promoting Prostitution 2 (RCW 9A.88.080) 29 30 Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2)) 31 32 Securities Act violation (RCW 21.20.400) 33 34 Tampering with a Witness (RCW 9A.72.120) p. 23 SB 5360 1 2 3 Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2)) 4 Theft of Livestock 2 (RCW 9A.56.083) 5 6 Theft with the Intent to Resell 1 (RCW 9A.56.340(2)) 7 8 Trafficking in Catalytic Converters 2 (RCW 9A.82.200) 9 10 Trafficking in Stolen Property 2 (RCW 9A.82.055) 11 12 Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b)) 13 14 Unlawful Imprisonment (RCW 9A.40.040) 15 16 Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3)) 17 18 Unlawful possession of firearm in the second degree (RCW 9.41.040(2)) 19 20 Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b)) 21 22 23 Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b)) 24 25 Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4)) 26 27 28 29 Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522) 30 31 Water Pollution Control Act Violation 2 (section 3 of this act) 32 33 II Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b)) 34 Computer Trespass 1 (RCW 9A.90.040) 35 Counterfeiting (RCW 9.16.035(3)) p. 24 SB 5360 1 2 Electronic Data Service Interference (RCW 9A.90.060) 3 4 Electronic Data Tampering 1 (RCW 9A.90.080) 5 6 Electronic Data Theft (RCW 9A.90.100) 7 8 Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3)) 9 10 Escape from Community Custody (RCW 72.09.310) 11 12 13 14 Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132) 15 16 Health Care False Claims (RCW 48.80.030) 17 Identity Theft 2 (RCW 9.35.020(3)) 18 19 Improperly Obtaining Financial Information (RCW 9.35.010) 20 Malicious Mischief 1 (RCW 9A.48.070) 21 22 Organized Retail Theft 2 (RCW 9A.56.350(3)) 23 24 Possession of Stolen Property 1 (RCW 9A.56.150) 25 26 Possession of a Stolen Vehicle (RCW 9A.56.068) 27 28 29 Possession, sale, or offering for sale of seven or more unmarked catalytic converters (RCW 9A.82.180(5)) 30 31 Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3)) 32 33 34 35 Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100) 36 Theft 1 (RCW 9A.56.030) p. 25 SB 5360 1 2 Theft of a Motor Vehicle (RCW 9A.56.065) 3 4 5 6 Theft of Rental, Leased, Lease- purchased, or Loaned Property (valued at $5,000 or more) (RCW 9A.56.096(5)(a)) 7 8 Theft with the Intent to Resell 2 (RCW 9A.56.340(3)) 9 10 Trafficking in Insurance Claims (RCW 48.30A.015) 11 12 13 Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a)) 14 15 16 Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2)) 17 18 Unlawful Practice of Law (RCW 2.48.180) 19 20 Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b)) 21 22 23 Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a)) 24 25 Unlicensed Practice of a Profession or Business (RCW 18.130.190(7)) 26 V oyeurism 1 (RCW 9A.44.115) 27 28 I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024) 29 30 False Verification for Welfare (RCW 74.08.055) 31 Forgery (RCW 9A.60.020) 32 33 34 Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060) 35 Malicious Mischief 2 (RCW 9A.48.080) 36 Mineral Trespass (RCW 78.44.330) p. 26 SB 5360 1 2 Possession of Stolen Property 2 (RCW 9A.56.160) 3 Reckless Burning 1 (RCW 9A.48.040) 4 5 Spotlighting Big Game 1 (RCW 77.15.450(3)(b)) 6 7 Suspension of Department Privileges 1 (RCW 77.15.670(3)(b)) 8 9 Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) 10 Theft 2 (RCW 9A.56.040) 11 12 Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2)) 13 14 15 16 17 Theft of Rental, Leased, Lease- purchased, or Loaned Property (valued at $750 or more but less than $5,000) (RCW 9A.56.096(5)(b)) 18 19 20 Transaction of insurance business beyond the scope of licensure (RCW 48.17.063) 21 22 Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b)) 23 24 Unlawful Issuance of Checks or Drafts (RCW 9A.56.060) 25 26 Unlawful Possession of Fictitious Identification (RCW 9A.56.320) 27 28 Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320) 29 30 Unlawful Possession of Payment Instruments (RCW 9A.56.320) 31 32 33 Unlawful Possession of a Personal Identification Device (RCW 9A.56.320) 34 35 Unlawful Production of Payment Instruments (RCW 9A.56.320) p. 27 SB 5360 1 2 3 4 Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b)) 5 6 Unlawful Trafficking in Food Stamps (RCW 9.91.142) 7 8 Unlawful Use of Food Stamps (RCW 9.91.144) 9 10 Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b)) 11 Vehicle Prowl 1 (RCW 9A.52.095) 12 13 Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) NEW SECTION. Sec. 14. The following acts or parts of acts are 14 each repealed:15 (1) RCW 90.48.140 (Penalty) and 2011 c 96 s 61, 2003 c 53 s 419, 16 1992 c 73 s 26, 1973 c 155 s 8, & 1945 c 216 s 20;17 (2) RCW 70A.15.3150 (Penalties) and 2023 c 470 s 1017;18 (3) RCW 70A.300.100 (Violations—Criminal penalties) and 2003 c 53 19 s 357 & 1989 c 2 s 15; and 20 (4) RCW 70A.300.110 (Violations—Gross misdemeanor) and 2020 c 20 21 s 1282, 2011 c 96 s 51, 1984 c 237 s 1, 1983 c 172 s 3, & 1975-'76 22 2nd ex.s. c 101 s 9. 23 --- END --- p. 28 SB 5360