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70.345.070 | Retail signage. | (1) Except as provided in subsection (2) of this section, a person who holds a retailer's license issued under this chapter must display a sign concerning the prohibition of vapor product sales to persons under the age of twenty-one. Such sign must: (a) Be posted so that it is clearly visible to anyone purchasing vapor... |
70.345.075 | Product labeling.(Contingent expiration date.) | (1) A manufacturer or distributor that sells, offers for sale, or distributes liquid nicotine containers shall label the vapor product with a: (a) Warning regarding the harmful effects of nicotine; (b) warning to keep the vapor product away from children; (c) warning that vaping is illegal for those under the legal age... |
70.345.080 | Vendor assistance required for sales—Exception. | (1) No person may offer a vapor product for sale in an open, unsecured display that is accessible to the public without the intervention of a store employee. (2) It is unlawful to sell or distribute vapor products from self-service displays. (3) Retail establishments are exempt from subsections (1) and (2) of this sect... |
70.345.090 | Mail and internet sales—License required—Age and identity verification—Penalties—Enforcement—Application of consumer protection act—Rules. | (1) No person may conduct a delivery sale or otherwise ship or transport, or cause to be shipped or transported, any vapor product ordered or purchased by mail or through the internet to any person unless such seller has a valid delivery sale license as required under this chapter. (2) No person may conduct a delivery ... |
70.345.100 | Product tastings—Requirements—Penalty. | (1) No person may offer a tasting of vapor products to the general public unless: (a) The person is a licensed retailer under RCW 70.345.020 ; (b) The tastings are offered only within the licensed premises operated by the licensee and the products tasted are not removed from within the licensed premises by the customer... |
70.345.110 | Coupons for free of charge products. | (1) No person may give or distribute vapor products to a person free of charge by coupon, unless the vapor product was provided to the person as a contingency of prior or the same purchase as part of an in-person transaction or delivery sale. (2) This section does not prohibit the use of coupons to receive a discount o... |
70.345.120 | Verification of age—Permitted forms of identification—Defense. | (1) When there may be a question of a person's right to purchase or obtain vapor products by reason of age, the retailer or agent thereof, must require the purchaser to present any one of the following officially issued forms of identification that shows the purchaser's age and bears his or her signature and photograph... |
70.345.130 | Child-resistant packaging required—Penalty. | (1) Any liquid nicotine container that is sold at retail shall be packaged in accordance with the child-resistant effectiveness standards set forth in 16 C.F.R. Sec. 1700.15, as in effect on June 28, 2016, as determined through testing in accordance with the method described in 16 C.F.R. Sec. 1700.20, as in effect on J... |
70.345.140 | Purchase or possession by persons under 18—Penalty—Jurisdiction. | (1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain vapor products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to participation in up to four hours of community service and referral to a smoking cessation program at no co... |
70.345.150 | Use of products in public places—When prohibited. | (1) Indoor areas. (a) The use of vapor products is prohibited in the following indoor areas: (i) Inside a child care facility, provided that a child care facility that is home-based is excluded from this paragraph when children enrolled in such child care facility are not present; (ii) Schools; (iii) Within five hundre... |
70.345.160 | Enforcement—Authority of liquor and cannabis board—Detention to determine identity and age—Inspections—Products injurious to health. | (1) The board must have, in addition to the board's other powers and authorities, the authority to enforce the provisions of this chapter. (2) The board and the board's authorized agents or employees have full power and authority to enter any place of business where vapor products are sold for the purpose of enforcing ... |
70.345.170 | Enforcement—License suspension and revocation—Appeal. | (1) The board, or its enforcement officers, has the authority to enforce provisions of this chapter. (2) The board may revoke or suspend a retailer's, distributor's, or delivery seller's license issued under this chapter upon sufficient cause showing a violation of this chapter. (3) A license may not be suspended or re... |
70.345.180 | Enforcement—Penalties, sanctions, and actions against licensees. | (1) The board may impose a monetary penalty as set forth in subsection (2) of this section, if the board finds that the licensee has violated RCW 26.28.080 or any other provision of this chapter. (2) Subject to subsection (3) of this section, the sanctions that the board may impose against a person licensed under this ... |
70.345.190 | Disposition of license fees and monetary penalties. | All license fees collected and funds collected by the board from the imposition of monetary penalties pursuant to this chapter must be deposited into the youth tobacco and vapor products prevention account created in RCW 70.155.120 .
[ 2016 sp.s. c 38 s 25 .] |
70.345.200 | Exemptions. | This chapter does not apply to a motor carrier or a freight forwarder as defined in 49 U.S.C. Sec. 13102 or an air carrier as defined in 49 U.S.C. Sec. 40102.
[ 2016 sp.s. c 38 s 26 .] |
70.345.210 | State preemption—Exceptions. | (1) This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of vapor product promotions and sales at retail. No political subdivision may impose fees or license requirements on retail outlets for possessing or selling vapor products, other than general busin... |
70.350.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Dental health aide therapist" means a person who has met the training and education requirements, and satisfies other conditions, to be certified as a dental health aide therapist by a federal community hea... |
70.350.020 | Authorization—Conditions. | (1) Dental health aide therapist services are authorized by this chapter under the following conditions: (a) The person providing services is certified as a dental health aide therapist by: (i) A federal community health aide program certification board; or (ii) A federally recognized Indian tribe that has adopted cert... |
70.352.010 | Definitions. | For the purposes of this chapter: (1) "Certified dental technician" means a person certified by the national board for certification in dental laboratory technology. (2) "Dental laboratory" means a facility that engages in the making, repairing, altering, or supplying of artificial restorations, substitutions, applianc... |
70.352.020 | Registration—When required. | (1) Each dental laboratory operating, doing business, or intending to operate or do business in this state must register with the department and pay the fee established pursuant to RCW 70.352.030 and 70.352.060 . (2) A dental laboratory is considered operating or doing business within this state if its work product is ... |
70.352.030 | Application for registration or renewal—Requirements—Fee. | (1) Each dental laboratory operating, doing business, or intending to operate or do business within this state must submit an application for registration of dental laboratory or renewal of registration of dental laboratory to the department on a form provided by the department accompanied with the registration or rene... |
70.352.040 | Dental laboratory registration number—Required uses. | (1) Upon granting a registration for a dental laboratory, the department shall assign the dental laboratory a dental registration number. The dental laboratory registration number must appear on all invoices or other correspondence of the dental laboratory. (2) A dentist shall include the registration number of the den... |
70.352.050 | Eligibility for dental laboratory registration—Qualifications—Requirements. | (1) Effective January 31, 2021, to be eligible for dental laboratory registration the applicant must document that the applicant or one of the applicant's employees who works at least thirty hours per week in the applicant's dental laboratory: (a) Has successfully completed at least twelve hours of continuing education... |
70.352.060 | Annual renewal of registration. | Each dental laboratory registered with the department must renew its registration before July 31st each year by completing and submitting a renewal of registration of dental laboratory form and paying a fee determined by the secretary as provided in RCW 43.70.280 .
[ 2019 c 68 s 6 .] |
70.352.070 | Violation of chapter—Legal action authorized. | If a dental laboratory violates any provision of this chapter, the department may, in the manner provided by law and upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other process against any dental laboratory... |
70.352.900 | Application of RCW70.352.010through70.352.070. | RCW 70.352.010 through 70.352.070 do not apply to activities authorized under chapter 18.30 RCW.
[ 2019 c 68 s 8 .] |
70.385.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Authority" means the Washington state health care authority. (2) "Peer support services" means services authorized under RCW 71.24.385 which are delivered by individuals who have common life experiences wit... |
70.385.020 | Peer counselor certification program—Education and training for substance use disorder peers—Reimbursement for services. | (1) The authority shall administer a peer counselor certification program to support the delivery of peer support services in Washington state. (2) By July 1, 2019, the authority shall incorporate education and training for substance use disorder peers in its peer counselor certification program. (3) By July 1, 2019, t... |
70.385.030 | Specialized peer training for peer counselor certification. | To ensure an adequate workforce of peer counselors, the authority must approve entities to perform specialized peer training for peer counselor certification using the state curriculum upon request if the entity meets qualifications to perform the training as determined by the authority.
[ 2019 c 446 s 50 .] |
70.385.900 | Effective date—2019 c 446 ss 48-53. | Sections 48 through 53 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2019.
[ 2019 c 446 s 54 .] |
70.390.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Authority" means the health care authority. (2) "Board" means the health care cost transparency board. (3) "Health care" means items, services, and supplies intended to improve or maintain human function or... |
70.390.020 | Health care cost transparency board—Duties. | The authority shall establish a board to be known as the health care cost transparency board. The board is responsible for the analysis of total health care expenditures in Washington, identifying trends in health care cost growth, and establishing a health care cost growth benchmark. The board shall provide analysis o... |
70.390.030 | Health care cost transparency board—Appointment—Terms—Conflicts—Reimbursement—Liability. | (1) The board shall consist of fourteen members who shall be appointed as follows: (a) The insurance commissioner, or the commissioner's designee; (b) The administrator [director] of the health care authority, or the administrator's [director's] designee; (c) The director of labor and industries, or the director's desi... |
70.390.040 | Advisory committees—Appointment. | (1) The board shall establish an advisory committee on data issues and a health care stakeholder advisory committee. The board may establish other advisory committees as it finds necessary. Any other standing advisory committee established by the board shall include members representing the interests of consumer, labor... |
70.390.050 | Authority to establish advisory committees—Duties. | (1) The board has the authority to establish and appoint advisory committees, in accordance with the requirements of RCW 70.390.040 , and shall seek input and recommendations from relevant advisory committees. (2) The board shall: (a) Determine the types and sources of data necessary to annually calculate total health ... |
70.390.060 | Contracting for administration—Funding. | (1) The authority may contract with a private nonprofit entity to administer the board and provide support to the board to carry out its responsibilities under this chapter. The authority may not contract with a private nonprofit entity that has a financial interest that may create a potential conflict of interest or i... |
70.390.070 | Reporting. | By December 1st of each year, the board shall submit annual reports to the governor and each chamber of the legislature. The annual reports may include policy recommendations applicable to the board's activities and analysis of its work, including any recommendations related to lowering health care costs, focusing on p... |
70.390.080 | Primary care expenditures—Measurement—Reporting. | (1) The board shall measure and report on primary care expenditures in Washington and the progress towards increasing it to 12 percent of total health care expenditures. (2) By December 1, 2022, the board shall submit a preliminary report to the governor and relevant committees of the legislature addressing primary car... |
70.390.090 | Underinsurance survey—Reporting. | (1) At least biennially, the board shall conduct a survey of underinsurance among Washington residents. (a) The survey shall be conducted among a representative sample of Washington residents. Analysis of the survey results shall be disaggregated to the greatest extent feasible by demographic factors such as race, ethn... |
70.390.100 | Health care expenditure hearing. | (1) No later than December 1, 2024, and annually thereafter, the board shall hold a public hearing related to discussing the growth in total health care expenditures in relation to the health care cost growth benchmark in the previous performance period, in accordance with the open public meetings act, chapter 42.30 RC... |
70.395.010 | Findings—Intent. | (1) The legislature finds that all people confined in prisons and detention facilities in Washington deserve basic health care, nutrition, and safety. As held in United States v. California , 921 F.3d 865, 886 (9th Cir. 2019), states possess "the general authority to ensure the health and welfare of inmates and detaine... |
70.395.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Abuse" means an act by any individual which injures, exploits, or in any way jeopardizes a detained person's health, welfare, or safety, including, but not limited to: (a) Physically damaging or potentially... |
70.395.030 | Prohibition on private incarceration. | (1) Except as provided in subsections (2) and (3) of this section, no person, business, or state or local governmental entity shall operate a private detention facility within the state or utilize a contract with a private detention facility within the state. No state or local governmental entity shall utilize a contra... |
70.395.040 | Standards for sanitation, hygiene, and safety—Enforcement. | (1) The department of health shall adopt rules as may be necessary to effectuate the intent and purposes of this section in order to ensure private detention facilities comply with measurable standards providing sanitary, hygienic, and safe conditions for detained persons. The department of health rules shall include t... |
70.395.050 | Inspections—Delegation—Rules—Enforcement. | (1) The department of health may at any time inspect a private detention facility to determine whether it has failed or refused to comply with the requirements of this chapter, the standards or rules adopted under this chapter, or other applicable state or federal statutes or rules regulating such facilities. (2) The d... |
70.395.055 | Inspections—Findings of noncompliance—Penalties. | In any case in which the department of health conducts an inspection of a private detention facility and finds that the private detention facility has failed or refused to comply with applicable state statutes or regulations, the department of health may take one or more of the following actions: (1) When the departmen... |
70.395.058 | Inspections—Publishing results. | As resources allow, the department of health shall make private detention facility inspection statements of deficiencies, plans of correction, notice of acceptance of plans of correction, enforcement actions, and notices of resolution available to the public on the internet.
[ 2025 c 235 s 5 .]
Effective date — Constru... |
70.395.060 | Requirements. | (1) This section does not apply to private detention facilities operating pursuant to a valid contract that was in effect prior to January 1, 2023, for the duration of that contract, not to include any extensions or modifications made to, or authorized by, that contract. (2) A private detention facility operating pursu... |
70.395.070 | Violations—Rights of action. | (1) A detained person aggrieved by a violation of this chapter has a right of action in superior court and may recover for each violation as follows: (a) Against any person who negligently violates a provision of this chapter, $1,000, or actual damages, whichever is greater, for each violation; (b) Against any person w... |
70.395.080 | Violations—Civil penalties. | (1) Any person who fails to comply with this chapter may be subject to a civil penalty in an amount of not more than $1,000 per violation per day. (2) Subject to the availability of amounts appropriated for this specific purpose, the secretary of the department of health may adopt by rule a penalty matrix that establis... |
70.395.090 | Attorney general humane detention account. | The Washington state attorney general humane detention account is created in the custody of the state treasurer. All receipts from civil penalties under RCW 70.395.080 must be deposited in the account. Only the attorney general or the attorney general's designee may authorize expenditures from the account. Moneys in th... |
70.395.100 | Facilities excluded. | RCW 70.395.040 through 70.395.080 do not apply to a private detention facility that is: (1) Providing counseling, treatment, mental health, educational, or medical services to juveniles under chapter 74.15 RCW; (2) Providing evaluation and treatment or forensic services to a person who has been civilly detained or is s... |
70.395.900 | Construction—2021 c 30. | Chapter 30, Laws of 2021 shall be construed liberally for the accomplishment of the purposes thereof.
[ 2021 c 30 s 4 .] |
70.395.901 | Effective date—2021 c 30. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 14, 2021].
[ 2021 c 30 s 5 .] |
70.400.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of health. (2) "Health care entity" means an entity that supervises, controls, grants privileges to, directs the practice of, or directly or indirectly restricts the practic... |
70.400.020 | Provision of care for complications of pregnancy—Retaliatory action prohibited. | (1) Except as provided in subsection (2) of this section, if a health care provider is acting in good faith, within the provider's scope of practice, education, training, and experience and within the accepted standard of care, a health care entity may not prohibit the health care provider from providing health care se... |
70.400.030 | Retaliatory action—Civil action. | A patient, a health care provider, or an individual, who is aggrieved by a violation of RCW 70.400.020 , may bring a civil action against a health care entity to enjoin further violations, to recover damages, or both. The prevailing party in such action may in the discretion of the court recover costs of litigation and... |
70.400.040 | Distribution of informational resources. | Beginning March 1, 2022, a health care entity shall provide the information prepared by the department under RCW 43.70.619 at the time of hiring, contracting with, or privileging health care providers and staff, and on a yearly basis thereafter.
[ 2021 c 235 s 4 .] |
70.400.900 | Conflict with federal requirements—2021 c 235. | If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not... |
70.405.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Authority" means the health care authority. (2) "Biological product" has the same meaning as in 42 U.S.C. Sec. 262(i)(1). (3) "Biosimilar" has the same meaning as in 42 U.S.C. Sec. 262(i)(2). (4) "Board" me... |
70.405.020 | Prescription drug affordability board. | (1) The prescription drug affordability board is established, to include five members who have expertise in health care economics or clinical medicine appointed by the governor. (2) Board members shall serve for a term of five years and members may be reappointed by the governor for additional terms. (3) No board membe... |
70.405.030 | Authority to review drug prices. | By June 30, 2023, and annually thereafter, utilizing data collected pursuant to chapters 43.71C , 43.371, and 70.390 RCW, or other data deemed relevant by the board, the board must identify prescription drugs that have been on the market for at least seven years, are dispensed at a retail, specialty, or mail-order phar... |
70.405.040 | Affordability reviews. | (1) The board may choose to conduct an affordability review of up to 24 prescription drugs per year identified pursuant to RCW 70.405.030 . When deciding whether to conduct a review, the board shall consider: (a) The class of the prescription drug and whether any therapeutically equivalent prescription drugs are availa... |
70.405.050 | Upper payment limits. | (1) The authority must adopt rules setting forth a methodology established by the board for setting upper payment limits for prescription drugs the board has determined have led or will lead to excess costs based on its affordability review. The rules adopted under this subsection may not go into effect until at least ... |
70.405.060 | Use of savings. | (1) Any savings generated for a health plan, as defined in RCW 48.43.005 , or a health plan offered under chapter 41.05 RCW that are attributable to the establishment of an upper payment limit established by the board must be used to reduce costs to consumers, prioritizing the reduction of out-of-pocket costs for presc... |
70.405.070 | Manufacturer withdrawal from the market. | (1) Any manufacturer that intends to withdraw a prescription drug from sale or distribution within the state because the board has established an upper payment limit for that drug shall provide a notice of withdrawal in writing indicating the drug will be withdrawn because of the establishment of the upper payment limi... |
70.405.080 | Reporting. | By December 15, 2022, and annually thereafter, the board shall provide a comprehensive report to the legislature detailing all actions the board has taken in the past year, including any rules adopted by the authority pursuant to chapter 153, Laws of 2022, establishing any processes, such as the methodology for the upp... |
70.405.090 | Rule making. | The authority may adopt any rules necessary to implement this chapter. The rules adopted under this section may not go into effect until at least 90 days after the next regular legislative session.
[ 2022 c 153 s 9 .] |
70.410.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of health. (2) "Emergency declaration" means a proclamation of a state of emergency issued by the governor under RCW 43.06.010 . (3) "Entity" means a person other than an in... |
70.410.020 | Emergency medical reserve corps—Establishment—Contracting. | (1) There is hereby established within the department a state emergency medical reserve corps, which shall serve at the direction and control of the secretary. The secretary may deploy the state emergency medical reserve corps by order as allowed for by this chapter. (2) The secretary may: (a) Enter into contracts and ... |
70.410.030 | Application. | (1) This chapter applies to members registered with the department who provide health, veterinary, or support services while deployed with the state emergency medical reserve corps pursuant to an order of the secretary. (2) The provisions of this chapter are in addition to and do not affect any program established by T... |
70.410.040 | Registration. | (1) A person must apply to the department to register with the state emergency medical reserve corps. (2) To qualify to register as a health practitioner member under this chapter, a person must pass a background check and be licensed and in good standing in this state. (3) To qualify to register as a support member un... |
70.410.050 | Orders for deployment. | (1) The secretary may order the deployment of the state emergency medical reserve corps under any of the following circumstances: (a) When the secretary determines that there exists a threat to the public health including, but not limited to, outbreaks of diseases, food poisoning, contaminated water supplies, and all o... |
70.410.060 | Costs incurred—Cost sharing—Federal funding. | (1) For any deployment of the state emergency medical corps under chapter 210, Laws of 2023, the department must track and account for any costs incurred as a direct result of the deployment, including but not limited to any compensation of members and any costs associated with the logistics of a deployment. Costs incu... |
70.410.070 | Health practitioner members—Scope of practice. | A health practitioner member when serving with the state emergency medical reserve corps shall adhere to the scope of practice for the health practitioner's profession established by applicable law and subject to any restrictions imposed by the secretary.
[ 2023 c 210 s 8 .]
Findings — Short title — Effective date — 20... |
70.410.080 | Health practitioner members—Disciplinary actions. | Health practitioners are subject to disciplinary action pursuant to the uniform disciplinary act, chapter 18.130 RCW, for conduct committed while deployed with the state emergency medical reserve corps, but disciplining authorities shall consider the circumstances in which the conduct took place, including any exigent ... |
70.410.090 | Membership—Limitation of rights—Incorporation—Employment. | (1) This chapter does not limit rights, privileges, or immunities provided to health practitioner members by laws other than this chapter. (2) The department may, as allowed by law or government-to-government agreement, incorporate into the forces of emergency management personnel of this state emergency medical reserv... |
70.410.100 | Workers' compensation—Rules. | (1) A member who dies or is injured as the result of providing services pursuant to this chapter is deemed to be an employee of this state for the purpose of receiving benefits for the death or injury under the workers' compensation law of this state, Title 51 RCW, if: (a) The member is not otherwise eligible for such ... |
70.410.110 | Liability. | No act or omission, except those acts or omissions constituting gross negligence or willful or wanton misconduct, by a member providing services reasonably within the provisions of this chapter and an order of the secretary issued pursuant to this chapter shall impose any liability for civil damages resulting from such... |
70A.01.010 | Statutory changes technical in nature. | Chapter 20, Laws of 2020 is intended to make technical amendments to certain codified statutes that involve environmental and public health. Any statutory changes made by chapter 20, Laws of 2020 should be interpreted as technical in nature and not interpreted to have any substantive, policy implications.
[ 2020 c 20 s... |
70A.01.020 | Rules remain valid—Agencies encouraged to update rules. | (1) A rule adopted under authority provided in a chapter that is recodified under chapter 20, Laws of 2020 remains valid and is not affected by the recodification in chapter 20, Laws of 2020. (2) State agencies, local air authorities, local boards of health, and other local governments that have adopted rules that rely... |
70A.02.005 | Purpose. | (1) The purpose of this chapter is to reduce environmental and health disparities in Washington state and improve the health of all Washington state residents. This chapter implements the recommendations of the environmental justice task force established in section 221(48), chapter 415, Laws of 2019 entitled "Report t... |
70A.02.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Council" means the environmental justice council established in RCW 70A.02.110 . (2) "Covered agency" means the departments of ecology, health, natural resources, commerce, agriculture, and transportation, ... |
70A.02.020 | Environmental justice obligations for all agencies. | Covered agencies are required to comply with all provisions of this chapter. All other state agencies should strive to apply the laws of the state of Washington, and the rules and policies of the agency, in accordance with the policies of this chapter including, to the extent feasible, incorporating the principles of e... |
70A.02.030 | Authority of other agencies to opt in to environmental justice obligations. | (1) Any state agency, as the term "agency" is defined in RCW 34.05.010 , including the governor's office and the office of the attorney general but excluding local governmental entities, may opt in to assume all of the substantive and procedural requirements of covered agencies under chapter 70A.02 RCW at any time by n... |
70A.02.040 | Incorporating environmental justice into agency strategic plans. | (1) By January 1, 2023, each covered agency shall include an environmental justice implementation plan within its strategic plan. A covered agency may additionally incorporate an environmental justice implementation plan into other significant agency planning documents. The plan must describe how the covered agency pla... |
70A.02.050 | Equitable community engagement and public participation. | (1) By July 1, 2022, each covered agency must create and adopt a community engagement plan that describes how it will engage with overburdened communities and vulnerable populations as it evaluates new and existing activities and programs. This plan must describe how the agency plans to facilitate equitable participati... |
70A.02.060 | Environmental justice assessment. | (1)(a) When considering a significant agency action initiated after July 1, 2023, a covered agency must conduct an environmental justice assessment in accordance with this section to inform and support the agency's consideration of overburdened communities and vulnerable populations when making decisions and to assist ... |
70A.02.070 | Obligation of a covered agency—Does not trigger chapter43.21CRCW requirements. | The obligation of a covered agency to conduct an environmental justice assessment pursuant to RCW 70A.02.060 for significant agency actions does not, by itself, trigger requirements in chapter 43.21C RCW.
[ 2021 c 314 s 15 .]
Conflict with federal requirements — 2021 c 314: See note following RCW 70A.02.005 . |
70A.02.080 | Environmental justice obligations of agencies relating to budgets and funding. | (1) With consideration of the guidelines issued by the council in RCW 70A.02.110 , and in iterative consultation with the council, each covered agency must incorporate environmental justice principles into its decision processes for budget development, making expenditures, and granting or withholding environmental bene... |
70A.02.090 | Reporting requirements. | (1) By September 1st of each year, each covered agency must annually update the council on the development and implementation of environmental justice in agency strategic plans pursuant to RCW 70A.02.040 , budgeting and funding criteria for making budgeting and funding decisions pursuant to RCW 70A.02.080 , and communi... |
70A.02.100 | Tribal consultation. | (1) Covered agencies shall develop a consultation framework in coordination with tribal governments that includes best practices, protocols for communication, and collaboration with federally recognized tribes. Consistent with this framework, covered agencies must offer consultation with federally recognized Indian tri... |
70A.02.110 | Environmental justice council. | (1) The environmental justice council is established to advise covered agencies on incorporating environmental justice into agency activities. (2) The council consists of 14 members, except as provided in RCW 70A.65.040 (3), appointed by the governor. The councilmembers must be persons who are well-informed regarding a... |
70A.02.120 | Legal obligations.(Effective until January 1, 2026.) | (1) Nothing in chapter 314, Laws of 2021 prevents state agencies that are not covered agencies from adopting environmental justice policies and processes consistent with chapter 314, Laws of 2021. (2) The head of a covered agency may, on a case-by-case basis, exempt a significant agency action or decision process from ... |
70A.02.130 | Appeals. | (1) Except as specified in subsection (2) of this section, the actions and duties set forth in chapter 314, Laws of 2021 are not subject to appeal. (2)(a) Only the following agency actions undertaken pursuant to chapter 314, Laws of 2021 are subject to appeal: (i) Decisions related to the designation of significant age... |
70A.05.010 | Development of an integrated climate change response strategy. | (1) The departments of ecology, agriculture, commerce, health, fish and wildlife, natural resources, and transportation, the state conservation commission, the Puget Sound partnership, and the emergency management division shall develop an integrated climate change response strategy to better enable the state to prepar... |
70A.05.020 | Requirements of strategy—Content of updated strategy—Report to the governor and the legislature. | (1) The integrated climate change response strategy should address the impact of and adaptation to climate change, as well as the regional capacity to undertake actions, existing ecosystem and resource management concerns, and health and economic risks. Agencies should consider a range of scenarios and time scales for ... |
70A.05.030 | Assistance with updating strategy. | The department of ecology and partner agencies may consult with qualified nonpartisan experts from the scientific community including, but not limited to, the University of Washington's climate impacts group, as needed to assist with updating the integrated climate change response strategy. The qualified nonpartisan ex... |
70A.05.040 | Incorporation of current and future climate change impacts by state agencies. | State agencies shall consider current and future climate change impacts to the extent allowed under existing statutory authority and incorporate climate resilience and adaptation actions as priority activities when planning, designing, revising, or implementing relevant agency policies and programs. Agencies shall cons... |
70A.05.050 | Coordinated state response to federal funding opportunities. | (1) The department of ecology shall work with the office of financial management and other relevant state agencies and entities to facilitate coordination of a state response to federal funding opportunities related to climate resilience. (2) In seeking to better coordinate funding for climate resilience, the departmen... |
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