Legislature passes environmental bills in time for Earth Day

By Alexandria Osborne Washington State Journal

OLYMPIA — Legislators celebrated Earth Day with the passage of environmental bills in the nal hours of the legislative session.

e package creates new laws that regulate the use of foam blocks for docks, govern production of hydrogen to power buses, provide for the study of carbon monoxide and places new restrictions on battery sales.

Substitute House Bill 1085, by Rep. Sharlett Mena, D-Tacoma, prohibits the sale and distribution of expanded foam blocks and oats used in overwater structures, unless the foam is contained in a shell of concrete, aluminum or plastic.

Floating homes and residences are excluded from the restrictions under the bill. Floats, docks and accessory overwater structures associated with oating homes or residences will be subject to the restrictions, beginning Jan. 1, 2024.

e bill requires any building with a drinking fountain to have a water bottle lling station as well, beginning July 1, 2026, with potential updates.

“ is bill will help protect and preserve our marine ecosystems and reduce the massive amounts of plastic waste that our society creates,” Mena said. “It is often said that kids are our future, but it is our responsibility to them to have a clean and prosperous future.” e bill was signed by the governor on April 20.

Substitute House Bill 1236, by Rep. David Hackney, D-Tukwila, allows public transit agencies to produce and distribute green electrolytic hydrogen and renewable hydrogen.

Green electrolytic hydrogen is produced through electrolysis and comes from renewable sources such as wind or water.

Public transportation agencies can sell green electric hydrogen and renewable hydrogen to facilities that distribute, store or dispense these types of hydrogen for transportation fuel under the bill. e bill has passed the Legislature and has been delivered to the governor.

Substitute House Bill 1779, by Rep. Gina Mosbrucker, R-Goldendale, requires the Department of Health to establish an interagency carbon monoxide workgroup including representatives from the Department of Ecology, Washington State Patrol and Ofce of the Attorney General. e workgroup is required to create a report on current and future state activities preventing carbon monoxide poisoning, increasing awareness throughout at-risk communities, collecting data from incidents and identifying sources for funding awareness campaigns. e report is required to be submitted to the Legislature by Dec. 1, 2024, and needs to include recommendations on how to reduce carbon monoxide poisoning in Washington. e bill has passed the Legislature and was delivered to the governor’s desk. Senate Bill 5104, by Sen. Jesse Salomon, D-Shoreline, requires the Department of Ecology to conduct a baseline survey of Puget Sound marine shorelines. e survey would use technology to capture aerial and 360 degree on-the-water images, which need to be publicly available by Dec. 31, 2024. e information from the surveys needs to be publicly available and also needs to be incorporated into state geographic information system mapping.

A survey documenting and mapping existing shoreline conditions, structures and structure conditions must be conducted and completed by June 30, 2025.

Both surveys will be required to be updated in a two-year cycle.

“Washington is one of the most beautiful states in our nation, and we need to do everything we can to protect our ecosystems,” Salomon said. “An accurate and upto-date shoreline survey will help us determine how to prioritize protection and restoration of our shorelines.” SB 5104 is on the governor’s desk.

Engrossed Second Substitute Senate Bill 5144, by Sen. Derek Stanford, D-Bothell, requires producers selling covered batteries or battery-containing products in Washington to participate in an approved battery stewardship plan by participating in a battery stewardship organization, beginning Jan. 1, 2027.

Producers that do not participate cannot sell or distribute covered batteries or battery-containing products in the state of Washington. Batteries covered are usually considered medium format. For instance, batteries weighing less than 25 pounds or rated at less than 2,000-watt hours are included in the Legislation. Vehicle batteries are not included in the new law if they are covered by a speci c recycling program. By Jan. 1, 2030, batteries would need to be marked with labeling to ensure proper recycling as well. e labels need to identify the battery’s chemistry and an indication that it should not be disposed of with household waste.

Retailers will be prohibited from selling and distributing unmarked batteries beginning July 1, 2027, for portable batteries and beginning July 1, 2029, for medium format batteries.

“We know that the use of batteries will continue to increase and it’s urgent we take action to ensure these products containing hazardous materials don’t continue to pile up in our land lls or other places they can cause health and safety concerns,” Stanford said. SB 5144 awaits the governor’s signature.

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