Senate Bill 5334 would allow people to appeal civil penalties issued by the Washington State Department of Natural Resources (DNR) for burning and smoke-management violations to the Pollution Control Hearings Board, the committee heard during a public hearing.

Jeff Olsen, committee staff, summarized the bill and said DNR issues permits for burning on lands it manages and that violations can carry civil penalties under the Clean Air Act of up to $10,000 per day per violation. The bill would expand the Pollution Control Hearings Board's jurisdiction to include appeals of DNR civil penalties for burning activities. A partial fiscal note estimates about $69,000 in fiscal impacts to the Pollution Control Hearings Board to accommodate the change.

Senator Shelley Short, the bill's prime sponsor, said the measure provides an appeals process for people who receive civil enforcement actions from DNR. "It's just ensuring that there is an appeals mechanism for individuals who find themselves...having those fines," she said during the hearing.

Erica Odom, deputy director of governmental affairs at the Department of Natural Resources, testified in support. She said DNR gained civil enforcement authority under House Bill 1423 (2021) but the legislature did not provide a venue for appeals when it granted that authority. "The proposed change in statute will authorize the Pollution Control Hearings Board to hear appeals of civil enforcement actions by the department, related to burn permit and smoke management violations," Odom said. She added DNR supports the legislation because it provides an independent administrative tribunal for appeals.

Committee staff and the sponsor noted there is a companion house bill but did not provide the number during testimony. There was no formal committee action during the hearing.