Bad Bills We Stopped
State takeover of environmental prosecutions and criminalizing unintentional mistakes
Senate Bill 5360 creates new environmental crimes and expands criminal liability in industries already heavily regulated.
While framed as an environmental protection measure, the legislation grants the state Attorney General new prosecutorial authority not contemplated by the state constitution.
Under current law, prosecutors already have the authority to bring charges if someone intentionally dumps hazardous waste, knowingly contaminates waterways, or acts with reckless disregard for public health.
This bill goes further by risking the criminalization of regulatory violations that may involve technical errors, paperwork disputes, or unintentional noncompliance within a complex permitting system.
Why is this a bad policy?
- It punishes honest mistakes. Farmers and ranchers operate under extensive regulatory frameworks involving water rights, nutrient management, runoff control, and reporting requirements. Under SB 5360, an unintentional discharge during extreme weather or a disagreement over permit interpretation could escalate into criminal exposure rather than corrective action.
- It threatens rural economies and jobs. Washington’s shellfish industry is nationally recognized and supports thousands of family-wage jobs. Water quality can fluctuate due to weather events, upstream conditions, and other factors beyond growers’ direct control. This legislation increases the risk that such fluctuations could lead not only to regulatory enforcement but also to criminal investigation, shifting the focus from collaboration to criminalization.
- It drives up the cost of housing and infrastructure. Contractors, excavators, and utility crews routinely operate in regulated environments involving stormwater controls and soil management standards. Adding new criminal penalties for regulatory violations increases liability exposure, raises insurance costs, and discourages small contractors from bidding on public projects. Those costs ultimately get passed on to consumers in the form of higher housing and infrastructure prices.
- It bypasses local accountability. The bill grants the Washington State Office of the Attorney General new prosecutorial authority to pursue environmental crimes independently. Under the Washington State Constitution, criminal prosecution authority has historically resided with locally elected county prosecutors. This structure ensures accountability to local communities and preserves the separation of powers between state and local government.
Bottom line
SB 5360 moves beyond the traditional constitutional framework and centralizes criminal enforcement power at the state level. Expanding criminal liability across complex regulatory systems risks unintended and lasting consequences. Washington already has strong environmental protections. The state should be encouraging compliance and education rather than expanding the criminal code into areas best addressed by existing civil and criminal enforcement.
Last updated: April 10, 2026 - 11:17 am
Timeline:
-
NO FURTHER ACTION TAKEN DURING THE 2026 LEGISLATIVE SESSION
-
Public hearing in the House Environment & Energy Committee at 1:30 p.m. on Feb. 23
- Send a comment to your state legislators on your position.
- Sign in to testify (in person or remotely).
- Submit written testimony.
- Note your position for the legislative record.
- Get email notifications on this bill.
- Watch the committee hearing on TVW.
-
Referred to the House Environment & Energy Committee on Feb. 19
-
Passed the full Senate chamber on Feb. 17
- Passed with a vote of 27-22
-
Executive action taken (moved from committee) in the Senate Committee on Environment, Energy & Technology at 10:30 a.m. on Feb. 7, 2025
- Vote of 8-3
-
Public hearing in the Senate Committee on Environment, Energy & Technology at 10:30 a.m. on Jan. 24, 2025