WeVote
Log In

Bill

Bill

SB 5360

Concerning environmental crimes.

2025-2026 Regular Session Introduced by Noel Frame and 6 co-sponsors

SB 5360 creates three felony levels for serious WPCA/air/hazardous waste violations, expands entity liability, and preserves permit-compliant conduct to deter harm.

By resolution, returned to Senate Rules Committee for third reading.
0
WeVote Research Nonpartisan
Bill Summary · SB 5360

Summary — SB 5360 (2025): Concerning environmental crimes

Status: Returned to Senate Rules Committee for third reading (by resolution, 2025‑04‑27). Introduced 01/20/2025. Sponsor: Senate Committee on Environment, Energy & Technology (orig. Senators Trudeau, Lovelett, Frame, Hasegawa, Krishnadasan, Nobles, Valdez).

Purpose / intent

SB 5360 modernizes and consolidates criminal penalties for violations of key Washington environmental laws (primarily the Water Pollution Control Act (chapter 90.48 RCW), the state Clean Air Act (chapter 70A.15 RCW), the Hazardous Waste Management Act and related provisions). The stated legislative intent is to preserve environmental and public health by providing criminal enforcement for the most egregious violations while avoiding penalizing accidental or permit‑compliant conduct.

Key provisions

  • Creates three new degrees of criminal offenses under the Water Pollution Control Act:
    • First degree — Class B felony: knowingly violates WPCA (or related provisions/permits) and knows the conduct places another person in imminent danger of death or substantial bodily harm.
    • Second degree — Class C felony: knowingly violates WPCA (or related provisions/permits) where facts do not amount to first degree.
    • Third degree — Gross misdemeanor: negligently (criminal negligence) violates WPCA (or related provisions/permits) where facts do not amount to first or second degree.
  • Extends entity liability: entities (explicitly including towns, cities, counties, and the state in substitute/engrossed versions) are guilty when an agent acting within the scope of duties commits the offense. Each day of continued violation may be a separate offense.
  • Carves out permit compliance: conduct that is in compliance with a permit — including reporting and corrective actions taken under a permit — is not treated as a violation for purposes of these new criminal offenses. Some versions exclude silt/sediment discharges permitted under construction stormwater general permits.
  • Whistleblower protection: prohibits terminating or disciplining an employee for refusing to violate the chapter or for reporting violations to supervisors or government agencies.
  • Department of Ecology duties: required (within existing resources) to publish information about the new criminal provisions on its website and provide applicants with information when issuing or renewing permits.
  • Sentencing grid / seriousness levels: the bill reenacts/amends RCW 9.94A.515 to rank certain environmental felony violations on the state sentencing grid — the House report notes first‑degree and second‑degree felony violations are intended to be seriousness levels V and III, respectively (affecting standard SRA sentence ranges).
  • Repeals: removes several existing criminal penalty provisions (e.g., RCW 90.48.140; and related sections in chapters 70A.15 and 70A.300).

Who is affected

  • Individuals and corporate entities (including public entities) that discharge pollutants, violate environmental permits, or fail to comply with orders under the WPCA, Clean Air Act, Hazardous Waste Management Act and related federal permit standards (Title 33 U.S.C.) may face upgraded criminal liability.
  • Employers and employees in regulated industries (construction, manufacturing, agriculture, wastewater, etc.) — with new whistleblower protections and permit‑education obligations.
  • The Department of Ecology — charged with outreach/education duties and enforcement implications.

Penalties / enforcement implications

  • First degree: Class B felony (SRA applies — statutory maximums and sentencing grid).
  • Second degree: Class C felony.
  • Third degree: Gross misdemeanor — up to 364 days jail and fine up to $10,000.
  • For entities, separate statutory corporate fine maxima apply under general law; habitual or continuing violations create repeated counts (daily violations).

Legislative progress / timeline highlights

  • First read in Senate 01/20/2025; public hearings in Senate and House committees (Jan–Mar 2025).
  • Passed House (third reading) 03/04/2025 (yeas 29–nays 20); amended in committee (ENVI).
  • Referred to Appropriations 04/02/2025; public hearing before House Appropriations 04/05/2025.
  • Returned to Senate Rules Committee for third reading by resolution 04/27/2025.

Practical considerations / likely impacts

  • Raises criminal exposure for deliberate or grossly negligent environmental harm, aiming to increase deterrence in serious cases.
  • Preserves exemptions for permitted activity and for corrective reporting to avoid penalizing compliance efforts; includes employee protections to encourage internal and external reporting.
  • Expands potential liability for public entities and broadens definitions of entity accountability.
  • Will affect enforcement strategy, permitting communications, compliance training, and legal risk management for regulated parties.

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

Sign in to ask a question.