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SB 5334

Adding the department of natural resources' civil enforcement decisions under RCW 76.04.205 to appeals that may be heard by the pollution control hearings board.

2025-2026 Regular Session Introduced by Jess Bateman and 3 co-sponsors

SB 5334 expands PCHB authority to hear DNR burning-permit and silvicultural-burning decisions and civil penalties, giving affected parties an external appeal.

Effective date 7/27/2025.
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Bill Summary · SB 5334

Summary of SB 5334 (2025)

Purpose and Intent

SB 5334 adds the Department of Natural Resources’ (DNR) civil enforcement decisions under RCW 76.04.205 to the set of decisions that may be appealed to the Pollution Control Hearings Board (PCHB). The bill’s stated aim is to provide an external appellate avenue for individuals who are subject to DNR actions related to burning permits and silvicultural burning, expanding access to an independent tribunal beyond the DNR’s internal processes.

  • Core change: PCHB may hear appeals of DNR actions concerning burning permits and silvicultural burning, including civil penalties and permit decisions.

Key Provisions

  • PCHB Jurisdiction Expanded to Include:
    • Civil penalties issued by DNR for violations of burning permits or silvicultural burning activities under the State Clean Air Act (CAA).
    • Decisions issued by DNR regarding the issuance or revocation of a burning permit.
  • Background Context:
    • The State Clean Air Act authorizes civil penalties up to $10,000 per day for violations.
    • DNR issues burning permits for activities on protected lands and silvicultural burning; permits may include conditions to protect life, property, or air quality, and may be suspended or revoked.
    • PCHB is an administrative body with broad authority to hear appeals of environmental and natural resource decisions.
  • Scope Clarification:
    • The bill specifically targets DNR actions tied to burning permits and related penalties, situating them within PCHB’s appellate framework.

Affected Parties and Impacts

  • Directly Affected:
    • Individuals or entities subject to DNR civil penalties for burning-permit violations or silvicultural burning.
    • Parties seeking review of DNR permit issuance or revocation decisions related to burning permits.
  • Broader Implications:
    • Provides an external, independent appellate option for these DNR decisions, potentially affecting enforcement timelines, standards of review, and dispute resolution dynamics in this area.
    • Aligns DNR burning-permit decisions with other environmental and natural-resource proceedings already heard by the PCHB.

Procedural and Timeline Aspects

  • Effective Date: The bill provides an effective date of 90 days after adjournment of the session in which it is passed. The enacted law confirms an effective date of July 27, 2025.
  • Legislative Status:
    • Introduced: January 17, 2025
    • Passed the House: April 15, 2025 (96-1)
    • Passed the Senate: March 3, 2025 (49-0)
    • Governor signed: May 17, 2025 (Chapter 327, 2025 Laws)
  • No new appropriation is specified in the bill.

Fiscal Note

  • A fiscal note is available, but no specific appropriation is attached to the bill. The fiscal impact would depend on how PCHB case handling for these new appeals interacts with existing caseloads.

Summary in One Line

SB 5334 expands the Pollution Control Hearings Board’s authority to hear appeals of DNR actions related to burning permits and silvicultural burning, including civil penalties, providing an external review avenue for affected parties. It became law with an effective date of July 27, 2025.

Compiled from official sources — confirm details with the bill’s official record.

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