Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several previous attempts, packaging Extended Producer Responsibility (EPR) legislation. Companies operating in the state should anticipate increased compliance obligations and greater scrutiny as these policies take effect in the coming months.
With an office in Seattle, Beveridge & Diamond (B&D) closely tracks developments, upcoming deadlines, and business implications for companies with operations in Washington State. This article summarizes key areas of activity and what companies should expect in the remainder of this year.
This article focuses exclusively on state-driven initiatives and trends from the legislative session, where we break down the following topics for environmental lawyers and sustainability professionals.
- Climate Regulation/Greenhouse Gas Initiatives
- Energy
- EPR and Right to Repair
- Natural Resources/Fish and Wildlife
- Solid Waste
- PFAS
- Environmental Justice
- Environmental Crimes Bill
Climate Regulation/Greenhouse Gas Reduction
Phase Out of High GWP HFCs: HB 1462 seeks to build upon federal American Innovation and Manufacturing (AIM) Act requirements by establishing timelines to reduce and ultimately phase out the use of hydrofluorocarbons (HFCs) that have a high Global Warming Potential (GWP) in Washington State between 2030-2033. The legislation establishes phased GWP limits on the use of newly-produced (i.e., virgin) HFCs which are intended to incentivize HFC recovery and reclamation. The bill also directs the Department of Ecology (Ecology) to establish a refrigerant transition task force to address the issues relevant to the transition to low-GWP refrigerants and further incentivize this transition by prohibiting state agencies from purchasing virgin HFCs with high GWP (750 carbon dioxide equivalents or above) to service the state’s stationary equipment.
The bill applies to any entity that sells, distributes, or otherwise enters into commerce in Washington newly produced bulk HFCs or HFC blends. HB 1462 applies to stationary refrigeration equipment such as cold storage, industrial process refrigeration, ice rinks, and to stationary air conditioning equipment.
HB 1462 sets uniform phase‑in dates for all sectors and equipment. Beginning January 1, 2030, virgin HFCs with a GWP above 1,500 CO2‑equivalent will be prohibited, and beginning January 1, 2033, virgin HFCs with a GWP above 750 CO2‑equivalent will be prohibited. The prohibitions do not apply to reclaimed HFCs, HFCs used in aircraft maintenance or on‑board aircraft, specific application uses authorized under the AIM Act, and shipments that do not enter commerce within the state. Ecology may grant temporary exemptions of up to three years if compliance is technically or economically infeasible and may issue emergency exemptions of up to 30 days under defined emergency conditions. The bill directs Ecology to adopt rules based on the task force’s work. Companies should watch for the rules, which will further interpret the statutory requirements.
Proposed Rule Prohibiting Certain HFCs for Ice Machines: On May 20, 2025, Ecology proposed a rule to align the list of prohibited substances and effective dates for automatic commercial ice machines with the U.S. Environmental Protection Agency (EPA)’s Technology Transitions Rule adopted in October 2023. The rule also proposes amending the sell‑through provisions so that any equipment manufactured before the prohibition date and containing a banned refrigerant may not be sold, distributed, or installed more than two years after that date. Ecology requests public comments on this proposed rule by July 22, 2025. Ecology will also host two webinars to discuss the proposal on July 9 and 10, 2025.
Amending the Clean Fuels Standard: HB 1409 amends Washington’s Clean Fuels Standard (CFS), which requires a reduction in the carbon intensity of transportation fuels, to substantially tighten the requirements for carbon reductions. Specifically, HB 1409 requires a 45% reduction in the carbon intensity of motor fuels over 2017 levels by 2038, as compared to the 20% reduction previously required, with concomitant upward adjustments in the increment reductions required each year between now and 2038. The new statute also authorizes Ecology to adjust the carbon reduction requirements upward or downward, within limits, in certain circumstances. In addition, the new legislation adds to Ecology’s arsenal of enforcement mechanisms and requires Ecology to publish reports on markets and prices for credits sold under the program.
HB 1975 amends the Climate Commitment Act to enhance the effectiveness and flexibility of the state’s carbon market. The bill adjusts the auction price containment mechanisms, and it sets the price ceiling for 2026-2027 at $80, subject to annual increase in proportion to the reserve auction floor. The bill also authorizes Ecology to revise rules that facilitate linking Washington’s carbon market with those of other jurisdictions by, for example, adjusting or delaying the annual requirement that covered or opt-in entities transfer compliance instruments.
HB 1912 expands exemptions under the Climate Commitment Act for agricultural fuels and outlines procedures for verifying and documenting exemptions. The bill requires Ecology to publish a guide for users describing how to purchase and obtain a remittance for exempt agricultural fuels.
Energy
While efforts to pass legislation based on B&D’s report to the Washington Legislature suggesting energy permitting reforms to expedite clean energy resource development were unsuccessful, the Legislature made strides in this area and additional efforts to enact such legislation are expected in next year’s sessions. Several other bills addressing energy issues were passed. Most notable are:
HB 1018 adds fusion energy facilities to the list of facilities that may, but are not required to, seek approval from the Washington Energy Facilities Site Evaluation Council (EFSEC). Previously, the Legislature allowed a variety of other facilities, such as solar and wind generation, to seek EFSEC certification as an alternative to local permitting processes. Generally, EFSEC certification may provide an alternative path to permit a facility if local permitting processes are too slow, complex, or expensive.
HB 1329 addresses how “unspecified” electricity contracts—that is, contracts in which the source of the electricity is not a specified generation unit—are treated for purposes of the Clean Energy Transformation Act’s requirement that all retail electric utilities in Washington eliminate coal-fired electricity from their generation mix. The new legislation clarifies that electricity from an unspecified source is not considered to be from a coal-fired generator if contracts are for three months or less, with six-month contracts allowed if necessary to meet resource adequacy requirements. Purchases via unspecified contracts from trading hubs is a routine practice for the region’s utilities and are important for system reliability, so HB 1329 provides needed clarification for how those purchases are categorized. The legislation also specifies that long-term purchases from the Bonneville Power Administration are not subject to the ban on coal-fired generation unless the electricity is known to have come from a coal-fired plant. This aspect of the legislation is especially relevant for Washington’s publicly-owned utilities, which generally purchase all or a substantial portion of their electricity supplies from Bonneville.
HB 1514 clarifies the Utilities and Transportation Commission’s (UTC) jurisdiction over thermal energy networks, which are companies providing district steam heat or similar services to a group of customers, generally through a system of pipes distributing heat from a central system. The legislation amends the UTC statutes by exempting thermal energy systems in operation before July 1, 2025 and small thermal energy networks (those with fewer than five independent customers or 250 residential customers) from UTC jurisdiction unless they opt in. The legislation also exempts combined heat and power systems of any size from UTC jurisdiction.
SB 5175 extends the July 1, 2024 deadline for manufacturers of solar photovoltaic cells sold in Washington to have a take-back and recycling program in place to January 31, 2030 and creates an advisory council to address the issue of solar cell recycling. Ecology was forced to suspend the existing mandate because of the lack of effective means to recycle solar cells, which threatened to disrupt the market for solar generation in Washington.
SB 5445 aims to encourage the deployment of distributed generation in the state. It accomplishes this goal by classifying various types of distributed generation as “distributed energy priorities” (DEPs). Washington utilities subject to the state’s Energy Independence Act—which places conservation and renewable energy mandates on certain large utilities—may count DEPs owned or contracted for at quadruple the facility’s output. The bill also encourages deployment of agrivoltaic facilities, which combine solar generation and agricultural activities on one parcel, by allowing a parcel that adds such facilities to retain its agricultural or open space tax designation and forego an otherwise required payment of back taxes.
HB 1543 amends the state’s building energy performance standard law to provide the Department of Commerce with the opportunity to adopt additional compliance pathways for covered building owners. Covered building owners would need to meet alternative metrics in order to comply with the energy performance standard. The law also provides covered building owners with the opportunity to apply for an extension to its compliance date. Extensions, if granted, are valid for two years beyond the covered building’s compliance date.
EPR and Right to Repair
Packaging EPR: SB 5284 creates an EPR program for paper and packaging and expands access to curbside recycling. The bill places financial responsibility on producers of paper and packaging for costs associated with collecting recyclables. It also incentivizes producers to use more environmentally friendly materials by “eco-modulating” fees to encourage use of materials that can be recycled. Producers are required to join a producer responsibility organization (PRO) that is responsible for developing, implementing, and administering a program plan. Ecology oversees and approves these program plans.
Relevant timelines: The PRO will be selected by January 2026. By March 1, 2026, producers and PROs must register with Ecology. By July 1, 2026, producers must be members of a PRO. By October 1, 2026, Ecology must create a statewide list of recyclable and compostable materials. On March 31, 2027 and annually thereafter, PROs must make a payment to Ecology in an amount that is adequate to cover the costs associated with oversight of the EPR program. Ecology and the selected PRO will likely provide additional guidance to help producers better understand and interpret the requirements. For additional analysis of Washington’s packaging EPR legislation, see B&D’s news alert.
Textile EPR: HB 1420 was introduced in the House in January 2025. It proposed to establish a producer responsibility program for apparel and textiles. HB 1420 did not progress beyond the House Appropriations Committee and did not advance during the 2025 legislative session. The bill aimed to require apparel producers to report specified product information to the Ecology. It also required PRO Plans for covered products to address the presence of certain chemicals, including PFAS, by outlining measures and strategies to prevent contamination during recycling and strategies for managing materials that cannot be remanufactured into textiles.
Right to Repair: HB 1483 amends state law to support the servicing and right to repair of products with digital electronics, effective July 27, 2025. The new law aims to enable “broader distribution of the information, parts, and tools necessary to repair digital electronic products” with the goal of shortening repair times, lengthening the useful lives of digital electronic products, and lowering costs for consumers.
Effective January 1, 2026, original manufacturers must make parts, tools, and documentation intended for the diagnosis, maintenance, or repair of digital electronic products (first manufactured/sold after July 1, 2021) available to any independent repair providers or owners. “Digital electronic product” is broadly defined to include products dependent on digital electronics (e.g., microprocessor, microcontroller) that are generally used for personal, family, or household purposes. Notable exclusions include motor vehicles, power generation/storage equipment, products not available for retail sale, solar energy systems, and agricultural equipment. The law also regulates “parts pairing,” or the use of software to identify component parts through a unique identifier, prohibiting practices that inhibit repair or reduce a product’s functionality. Finally, the law mandates that authorized repairers take certain steps to protect customer privacy and security.
Natural Resources/Fish and Wildlife
Expansion of PCHB Jurisdiction to Burning Permits: SB 5334 expands the jurisdiction of the Pollution Control Hearings Board (PCHB) by including the Department of Natural Resources’ civil enforcement decisions under RCW 76.04.205, burning permits. It expressly states that these decisions may be heard by the board, which traditionally hears appeals covering a wide range of permits and enforcement actions.
Expansion of Fish and Wildlife Enforcement: HB 1325 expands enforcement options for certain fish and wildlife violations. Specifically, big game hunting, operating a motor vehicle in a wetted portion of a streambed, and constructing a rock dam or similar structure by hand that could impede the movement of fish life are now violations of Washington’s Fish and Wildlife Code. These activities now fall under unlawful hunting and a failure to obtain a hydraulic project approval, respectively. Each may face criminal penalties.
Solid Waste
HB 1154 requires Ecology to oversee the issuance of permits for solid waste handling facilities by local health departments; endows Ecology with enforcement authority in circumstances where local health departments have failed to adequately enforce applicable solid waste handling regulations; and establishes escalating civil penalties for violations by such facilities.
Under the new law, Ecology must review any permit issued to a solid waste handling facility by a local health department. For solid waste handling facilities other than landfills, Ecology has the ability to challenge permits by appeal to the PCHB. For landfills, Ecology must review and approve a permit to ensure it conforms with applicable laws and regulations before it will issue. Local health departments or applicants may appeal Ecology’s denial of a landfill permit to the PCHB. Starting August 1, 2027, no permit issued to a solid waste handling facility will be valid unless approved by Ecology.
Ecology or local health departments may levy civil penalties against any solid waste handling facility found to be in violation of the law or a permit. Fines may be up to $5,000 per day for the first 14 days of a violation. If not resolved within that time, the penalty may be increased to up to $10,000 per day.
PFAS
PFAS in Biosolids: SB 5033 requires testing and sampling to analyze the levels of PFAS in biosolids. The legislation requires Ecology to issue guidance on PFAS sampling, including the frequency and methodology for facilities generating biosolids by July 1, 2026. Wastewater treatment facilities will be required to begin quarterly sampling and analysis between January 1, 2027 and June 30, 2028. By July 1, 2029, Ecology is required to analyze the data and provide recommendations for next steps to the Legislature. Ecology must also convene an advisory committee comprised of stakeholders, including the farming community, toxicologists, and municipal treatment facilities, along with other experts, and consult with this committee prior to submitting its report. Washington is now one of several states with laws addressing PFAS in biosolids. EPA is also analyzing PFAS in biosolids and released its Draft Sewage Sludge Risk Assessment for PFOA and PFOS earlier this year.
Environmental Justice
HB 1303 did not survive committee review and did not become law at the close of the 2025 legislative session. HB 1303 is the second iteration of proposed amendments to Washington’s State Environmental Policy Act (SEPA) to add environmental justice (EJ) as a required element for assessment in an environmental impact study. A similar bill was proposed in the 2024 legislative session and may return again. The bill met stiff opposition in the House Appropriations Committee with representatives raising concerns about the fiscal impact that additional EJ measures could have on state and local agencies if included in environmental impact studies.
Environmental Crimes Bill
Despite passing the Senate, the House Appropriations Committee declined to advance SB 5360. SB 5360 aimed to create new criminal liabilities and penalties and reclassify existing environmental crimes. The bill proposed substantial changes to the legal landscape in Washington, imposing stricter regulations and penalties for environmental crimes. For example, the legislation provided first-degree and second-degree felony violations for knowing violations of the Water Pollution Control Act, Clean Air Act, and Hazardous Waste Management Act. Interested businesses and individuals in Washington should track this bill in the next legislative session, as we anticipate an updated version of this bill will be introduced.
Conclusion
Washington State continues to push forward with ambitious environmental policies that will significantly impact businesses across a range of sectors. From packaging and product stewardship to clean energy and climate accountability, these developments signal a sustained commitment to regulatory innovation and environmental protection, which creates additional burdens for businesses.
As the regulatory landscape evolves, companies operating in Washington should prepare for new compliance obligations, strategic adjustments, and engagement with state agencies. B&D will continue to monitor these developments closely and provide updates and guidance as further rules and implementation measures unfold.
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