title: RCW 70A.45.030

text:
(1)(a) The director shall develop, in coordination with the western climate initiative, a design for a regional multisector market-based system to limit and reduce emissions of greenhouse gas consistent with the emission reductions established in RCW 70A.45.020(1).
(b) By December 1, 2008, the director and the director of the department of commerce shall deliver to the legislature specific recommendations for approval and request for authority to implement the preferred design of a regional multisector market-based system in (a) of this subsection. These recommendations must include:
(i) Proposed legislation, necessary funding, and the schedule necessary to implement the preferred design by January 1, 2012;
(ii) Any changes determined necessary to the reporting requirements established under RCW 70A.15.2200; and
(iii) Actions that the state should take to prevent manipulation of the multisector market-based system designed under this section.
(2) In developing the design for the regional multisector market-based system under subsection (1) of this section, the department shall consult with the affected state agencies, and provide opportunity for public review and comment.
(3) In addition to the information required under subsection (1)(b) of this section, the director and the director of the department of commerce shall submit the following to the legislature by December 1, 2008:
(a) Information on progress to date in achieving the requirements of chapter 14, Laws of 2008;
(b) The final recommendations of the climate advisory team, including recommended most promising actions to reduce emissions of greenhouse gases or otherwise respond to climate change. These recommendations must include strategies to reduce the quantity of emissions of greenhouse gases per distance traveled in the transportation sector;
(c) A request for additional resources and statutory authority needed to limit and reduce emissions of greenhouse gas consistent with chapter 14, Laws of 2008 including implementation of the most promising recommendations of the climate advisory team;
(d) Recommendations on how projects funded by the green energy incentive account in *RCW 43.325.040 may be used to expand the electrical transmission infrastructure into urban and rural areas of the state for purposes of allowing the recharging of plug-in hybrid electric vehicles;
(e) Recommendations on how local governments could participate in the multisector market-based system designed under subsection (1) of this section;
(f) Recommendations regarding the circumstances under which generation of electricity or alternative fuel from landfill gas and gas from anaerobic digesters may receive an offset or credit in the regional multisector market-based system or other strategies developed by the department; and
(g) Recommendations developed in consultation with the department of natural resources and the department of agriculture with the climate advisory team, the college of forest resources at the University of Washington, and the Washington State University, and a nonprofit consortium involved in research on renewable industrial materials, regarding how forestry and agricultural lands and practices may participate voluntarily as an offset or other credit program in the regional multisector market-based system. The recommendations must ensure that the baseline for this offset or credit program does not disadvantage this state in relation to another state or states. These recommendations shall address:
(i) Commercial and other working forests, including accounting for site-class specific forest management practices;
(ii) Agricultural and forest products, including accounting for substitution of wood for fossil intensive substitutes;
(iii) Agricultural land and practices;
(iv) Forest and agricultural lands set aside or managed for conservation as of, or after, June 12, 2008; and
(v) Reforestation and afforestation projects.
[ 2020 c 20 s 1399; 2008 c 14 s 4. Formerly RCW 70.235.030.]
Notes:
*Reviser's note: RCW 43.325.040 expired June 30, 2016.

catchline: Development of a design for a regional multisector market-based system to limit and reduce emissions of greenhouse gas—Information required to be submitted to the legislature.


doc_type: statute

jurisdiction: wa

title: RCW 70A.45.040

text:
Within eighteen months of the next and each successive global or national assessment of climate change science, the department shall consult with the climate impacts group at the University of Washington regarding the science on human-caused climate change and provide a report to the legislature summarizing that science and make recommendations regarding whether the greenhouse gas emissions reductions required under RCW 70A.45.020 need to be updated.
[ 2020 c 20 s 1400; 2008 c 14 s 7. Formerly RCW 70.235.040.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Consultation with climate impacts group at the University of Washington—Report to the legislature.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.45.050

text:
(1) State agencies shall meet the statewide greenhouse gas emission limits established in RCW 70A.45.020 to achieve the following, using the estimates and strategy established in subsections (2) and (3) of this section:
(a) By July 1, 2020, reduce emissions of greenhouse gases to eight hundred five thousand metric tons, or fifteen percent below 2005 emission levels;
(b) By 2030, reduce emissions of greenhouse gases to five hundred twenty-one thousand metric tons, or forty-five percent below 2005 levels;
(c) By 2040, reduce emissions of greenhouse gases to two hundred eighty-four thousand metric tons, or seventy percent below 2005 levels; and
(d) By 2050, reduce overall emissions of greenhouse gases to forty-seven thousand metric tons, or ninety-five percent below 2005 levels and achieve net zero greenhouse gas emissions by state government as a whole.
(2)(a) By June 30, 2010, state agencies shall report estimates of emissions for 2005 to the department, including 2009 levels of emissions, and projected emissions through 2035.
(b) State agencies required to report under RCW 70A.15.2200 must estimate emissions from methodologies recommended by the department and must be based on actual operation of those agencies. Agencies not required to report under RCW 70A.15.2200 shall derive emissions estimates using an emissions calculator provided by the department.
(3) By June 1st of each even-numbered year beginning in 2022, state agencies shall report to the department, and to the state efficiency and environmental performance office at the department of commerce, the actions planned for the next two biennia to meet emission reduction targets and the actions taken to meet the emission reduction targets established in this section. The report must also include the agency's long-term strategy for meeting the emission reduction targets established in this section, which the agency shall update as appropriate. The department and the state efficiency and environmental performance office at the department of commerce shall review and compile the agency reports and, by December 1st of each even-numbered year beginning in 2022, provide a consolidated report to the appropriate committees of the legislature. This report must include recommendations for budgetary and other actions that will assist state agencies in achieving the greenhouse gas emissions reductions specified in this section. The department may authorize the department of enterprise services to report on behalf of any state agency having fewer than five hundred full-time equivalent employees at any time during the reporting period. The department shall cooperate with the department of enterprise services and the state efficiency and environmental performance office at the department of commerce to develop consolidated reporting methodologies that incorporate emission reduction actions taken across all or substantially all state agencies.
(4) State agencies shall cooperate in providing information to the department, the department of enterprise services, and the department of commerce for the purposes of this section.
[ 2020 c 79 s 3; 2020 c 20 s 1401; 2015 c 225 s 110; 2009 c 519 s 2. Formerly RCW 70.235.050.]
Notes:
Reviser's note: This section was amended by 2020 c 20 s 1401 and by 2020 c 79 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2020 c 79: See note following RCW 70A.45.020.
Findings—2009 c 519: See RCW 70A.05.900.

catchline: Greenhouse gas emission limits for state agencies—Timeline—Reports—Strategy—Reports to the legislature.


title: RCW 70A.45.060

text:
(1) The department shall develop an emissions calculator to assist state agencies in estimating aggregate emissions as well as in estimating the relative emissions from different ways in carrying out activities.
(2) The department may use data such as totals of building space occupied, energy purchases and generation, motor vehicle fuel purchases and total mileage driven, and other reasonable sources of data to make these estimates. The estimates may be derived from a single methodology using these or other factors, except that for the top ten state agencies in occupied building space and vehicle miles driven, the estimates must be based upon the actual and projected operations of those agencies. The estimates may be adjusted, and reasonable estimates derived, when agencies have been created since 1990 or functions reorganized among state agencies since 1990. The estimates may incorporate projected emissions reductions that also affect state agencies under the program authorized in RCW 70A.45.020 and other existing policies that will result in emissions reductions.
(3) By December 31st of each even-numbered year beginning in 2010, the department shall report to the governor and to the appropriate committees of the senate and house of representatives the total state agencies' emissions of greenhouse gases for 2005 and the preceding two years and actions taken to meet the emissions reduction targets.
[ 2020 c 20 s 1402; 2009 c 519 s 5. Formerly RCW 70.235.060.]
Notes:
Findings—2009 c 519: See RCW 70A.05.900.

catchline: Emissions calculator for estimating aggregate emissions—Reports.


title: RCW 70A.45.070

text:
Beginning in 2010, when distributing capital funds through competitive programs for infrastructure and economic development projects, all state agencies must consider whether the entity receiving the funds has adopted policies to reduce greenhouse gas emissions. Agencies also must consider whether the project is consistent with:
(1) The state's limits on the emissions of greenhouse gases established in RCW 70A.45.020;
(2) Statewide goals to reduce annual per capita vehicle miles traveled by 2050, in accordance with RCW 47.01.440, except that the agency shall consider whether project locations in rural counties, as defined in RCW 43.160.020, will maximize the reduction of vehicle miles traveled; and
(3) Applicable federal emissions reduction requirements.
[ 2020 c 20 s 1403; 2009 c 519 s 9. Formerly RCW 70.235.070.]
Notes:
Findings—2009 c 519: See RCW 70A.05.900.

catchline: Distribution of funds for infrastructure and capital development projects—Prerequisites.


title: RCW 70A.45.090

text:
(1)(a) Washington's existing forest products sector, including public and private working forests and the harvesting, transportation, and manufacturing sectors that enable working forests to remain on the land and the state to be a global supplier of forest products, is, according to a University of Washington study analyzing the global warming mitigating role of wood products from Washington's private forests, an industrial sector that currently operates as a significant net sequesterer of carbon. This value, which is only provided through the maintenance of an intact and synergistic industrial sector, is an integral component of the state's contribution to the global climate response and efforts to mitigate carbon emissions.
(b) Satisfying the goals set forth in RCW 70A.45.020 requires supporting, throughout all of state government, consistent with other laws and mandates of the state, the economic vitality of the sustainable forest products sector and other business sectors capable of sequestering and storing carbon. This includes support for working forests of all sizes, ownerships, and management objectives, and the necessary manufacturing sectors that support the transformation of stored carbon into long-lived forest products while maintaining and enhancing the carbon mitigation benefits of the forest sector, sustaining rural communities, and providing for fish, wildlife, and clean water, as provided in chapter 76.09 RCW. Support for the forest sector also ensures the state's public and private working forests avoid catastrophic wildfire and other similar disturbances and avoid conversion in the face of unprecedented conversion pressures.
(c) It is the policy of the state to support the contributions of all working forests and the synergistic forest products sector to the state's climate response. This includes landowners, mills, bioenergy, pulp and paper, and the related harvesting and transportation infrastructure that is necessary for forestland owners to continue the rotational cycle of carbon capture and sequestration in growing trees and allows forest products manufacturers to store the captured carbon in wood products and maintain and enhance the forest sector's role in mitigating a significant percentage of the state's carbon emissions while providing other environmental and social benefits and supporting a strong rural economic base. It is further the policy of the state to support the participation of working forests in current and future carbon markets, strengthening the state's role as a valuable contributor to the global carbon response while supporting one of its largest manufacturing sectors.
(d) It is further the policy of the state to utilize carbon accounting land use, land use change, and forestry reporting principles consistent with established reporting guidelines, such as those used by the intergovernmental panel on climate change and the United States national greenhouse gas reporting inventories.
(2) Any state carbon programs must support the policies stated in this section and recognize the forest products industry's contribution to the state's climate response.
[ 2021 c 65 s 70; 2020 c 120 s 3.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Findings—2020 c 120: See note following RCW 70A.45.005.

catchline: Forests and forest products sector—Climate response.


title: RCW 70A.45.100

text:
(1) Separate and apart from the emissions limits established in RCW 70A.45.020, it is the policy of the state to promote the removal of excess carbon from the atmosphere through voluntary and incentive-based sequestration activities in Washington including, but not limited to, on natural and working lands and by recognizing the potential for sequestration in products and product supply chains. It is the policy of the state to prioritize carbon sequestration in amounts necessary to achieve the carbon neutrality goal established in RCW 70A.45.020, and at a level consistent with pathways to limit global warming to one and one-half degrees.
(2)(a) All agencies of state government including, but not limited to, the department, the department of natural resources, the department of transportation, the department of fish and wildlife, the department of agriculture, the department of commerce, the recreation and conservation office, and the conservation commission, shall seek all practicable opportunities, consistent with existing legal mandates and requirements and statutory objectives, to cost-effectively maximize carbon sequestration and carbon storage in their nonland management agency operations, contracting, and grant-making activities.
(b) Any such effort to promote carbon sequestration activities that affects support for, or management of private lands or trust lands managed by the department of natural resources must be done in cooperation with the owners and managers of those natural and working lands.
[ 2021 c 65 s 71; 2020 c 79 s 4.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Intent—2020 c 79: See note following RCW 70A.45.020.

catchline: Carbon sequestration.


title: RCW 70A.45.110

text:
The state, state agencies, and political subdivisions of the state, in implementing their duties and authorities established under other laws, may only consider the greenhouse gas limits established in RCW 70A.45.020 in a manner that recognizes, where applicable, that the siting and placement of new or expanded best-in-class facilities with lower carbon emitting processes is in the economic and environmental interests of the state of Washington.
[ 2021 c 316 s 36.]
Notes:
Short title—2021 c 316: See RCW 70A.65.900.

catchline: Siting of certain facilities.


title: RCW 70A.45.120

text:
(1) The department of commerce, in consultation with the department of ecology, the department of health, and the department of transportation, shall publish guidelines that specify a set of measures counties and cities may implement via updates to their comprehensive plans and development regulations that have a demonstrated ability to increase housing capacity within urban growth areas or reduce greenhouse gas emissions, allowing for consideration of the emissions reductions achieved through the adoption of statewide programs. The guidelines must prioritize measures that benefit overburdened communities, including communities that have experienced disproportionate harm due to air pollution and may draw upon the most recent health disparities data from the department of health to identify high pollution areas and disproportionately burdened communities. These guidelines must be developed consistent with an environmental justice assessment pursuant to RCW 70A.02.060 and the guidelines must include environmental justice assessment processes. The guidelines must be based on:
(a) The most recent greenhouse gas emissions report prepared by the department of ecology and the department of commerce pursuant to RCW 70A.45.020(2);
(b) The most recent city and county population estimates prepared by the office of financial management pursuant to RCW 43.62.035;
(c) The locations of major employment centers and transit corridors, for the purpose of increasing housing supply in these areas; and
(d) Available environmental justice data and data regarding access to public transportation for people with disabilities and for vulnerable populations.
(2)(a) The department of commerce, in consultation with the department of transportation, shall publish guidelines that specify a set of measures counties and cities may have available to them to take through updates to their comprehensive plans and development regulations that have a demonstrated ability to reduce per capita vehicle miles traveled, including measures that are designed to be achievable throughout the state, including in small cities and rural cities.
(b) The guidelines must be based on:
(i) The most recent greenhouse gas emissions report prepared by the department of ecology and the department of commerce pursuant to RCW 70A.45.020(2);
(ii) The most recent city and county population estimates prepared by the office of financial management pursuant to RCW 43.62.035; and
(iii) The most recent summary of per capita vehicle miles traveled as compiled by the department of transportation.
(3) The department of commerce shall first publish the full set of guidelines described in subsections (1) and (2) of this section no later than December 31, 2025. The department of commerce shall update these guidelines at least every five years thereafter based on the most recently available data, and shall provide for a process for local governments and other parties to submit alternative actions for consideration for inclusion into the guidelines at least once per year. The department of commerce shall publish an intermediate set of guidelines no later than December 31, 2023, in order to be available for use by jurisdictions whose periodic updates are required by RCW 36.70A.130(5) to occur prior to December 31, 2025. Jurisdictions whose periodic updates are required by RCW 36.70A.130(5)(b) may utilize the intermediate set of guidelines published by the department of commerce to meet the requirements of RCW 36.70A.070(9).
(4)(a) In any updates to the guidelines published after 2025, the department of commerce shall include an evaluation of the impact that locally adopted climate change and resiliency elements have had on local greenhouse gas emissions and per capita vehicle miles traveled reduction goals. The evaluation must also address the impact that locally adopted greenhouse gas emissions reduction subelements have had on meeting local housing goals and targets.
(b) The updates must also include an estimate of the impacts that locally adopted climate change and resiliency elements will have on achieving local greenhouse gas emissions and per capita vehicle miles traveled reduction goals. The evaluation must also include an estimate of the impact that locally adopted greenhouse gas emissions reduction subelements will have on meeting local housing goals and targets.
(c) The department may include in the specified guidelines what additional measures cities and counties should take to make additional progress on local reduction goals, including any measures that increase housing capacity within urban growth areas.
(5) The department of commerce may not propose or adopt any guidelines that would include any form of a road usage charge or any fees or surcharges related to vehicle miles traveled.
(6) The department of commerce may not propose or adopt any guidelines that would direct or require local governments to regulate or tax, in any form, transportation service providers, delivery vehicles, or passenger vehicles.
(7) The department of commerce, in the course of implementing this section, shall provide and prioritize options that support increased housing supply and diversity of housing types that assist counties and cities in meeting greenhouse gas emissions reduction, housing supply, and other requirements established under this chapter.
(8) The provisions of this section as applied to the department of transportation are subject to the availability of amounts appropriated for this specific purpose.
(9) For purposes of this section, "overburdened communities" and "vulnerable populations" means the same as provided in RCW 36.70A.030.
[ 2023 c 228 s 5.]

catchline: Local government comprehensive plans—Housing capacity and emissions reduction—Department guidelines.


title: RCW 70A.45.900

text:
Except where explicitly stated otherwise, nothing in chapter 14, Laws of 2008 alters or limits any authorities of the department as they existed prior to June 12, 2008.
[ 2008 c 14 s 11. Formerly RCW 70.235.900.]

catchline: Scope of chapter 14, Laws of 2008.


title: RCW 70A.450.010

text:
Asbestos is a known human carcinogen that causes painful, premature deaths due to diseases such as asbestosis, mesothelioma, lung and gastrointestinal cancers, and other diseases and cancers. Activities that can lead to the release of asbestos fibers include installation, use, maintenance, repair, removal, and disposal of asbestos-containing building materials.
Many people are unaware that asbestos-containing building materials are still imported, sold, and used in the United States. Because few regulations exist that require the disclosure of asbestos in building materials, people can unknowingly be exposed to asbestos. Asbestos is generally invisible, odorless, very durable, and highly aerodynamic. Exposure can occur well after it has been disturbed and long distances from where the asbestos release occurred.
The purpose of this chapter is to allow people to make informed decisions regarding whether or not they purchase or use building materials containing asbestos. More specifically, building materials that contain asbestos must be clearly labeled as such by manufacturers, wholesalers, and distributors.
[ 2013 c 51 s 1. Formerly RCW 70.310.010.]

catchline: Purpose of chapter.


title: RCW 70A.450.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Asbestos" includes the asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentine), crocidolite (riebeckite), anthophyllite, and any of these minerals that have been chemically treated or altered. The chemical abstracts service registry number for each is as follows: Asbestos (1332-21-4), actinolite (13768-00-8), amosite (12172-73-5), tremolite (14567-73-8), chrysotile (12001-29-5), crocidolite (12001-28-4), and anthophyllite (17068-78-9).
(2) "Asbestos-containing building material" means:
(a) Until January 1, 2025, any building material to which asbestos is deliberately added in any concentration or that contains more than one percent asbestos by weight or area as determined using the United States environmental protection agency method for the determination of asbestos in building materials, EPA/600/R-93/116, July 1993; and
(b) Beginning January 1, 2025, any building material to which asbestos is deliberately added in any concentration or that contains more than one-tenth of one percent asbestos by weight or area as determined using the United States environmental protection agency method for the determination of asbestos in building materials, EPA/600/R-93/116, July 1993.
(3) "Building material" includes materials designed for, or used in, construction, renovation, repair, or maintenance of institutional, commercial, public, industrial, or residential buildings and structures. The term does not include automobiles, recreational vehicles, boats, or other mobile means of transportation.
(4) "Consumer" means any person that acquires a building material for direct use or ownership, rather than for resale or use in production and manufacturing.
(5) "Department" means the department of ecology.
(6) "Interested party" means any contractor, subcontractor, or worker that performs, or is reasonably expected to perform, work at a facility covered under RCW 70A.450.070 or any organization whose members perform, or are reasonably expected to perform, work at a facility covered under RCW 70A.450.070.
(7) "Person" means any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.
(8) "Residential construction" means construction, alteration, repair, improvement, or maintenance of single-family dwellings, duplexes, apartments, condominiums, and other residential structures not to exceed four stories in height, including the basement.
(9) "Retailer" means any person that sells goods or commodities directly to consumers.
[ 2020 c 100 s 2; 2013 c 51 s 2. Formerly RCW 70.310.020.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 70A.450.030

text:
(1) Effective January 1, 2014, it is unlawful to manufacture, wholesale, or distribute for sale an asbestos-containing building material that is not labeled as required by RCW 70A.450.040 or as required under federal law, 40 C.F.R. part 763, subpart I, Sec. 173.171 (1994). The labeling requirement also applies to stock-on-hand, meaning any asbestos-containing building material in their possession or control after December 31, 2013, must be labeled. Retailers that do not manufacture, wholesale, or distribute asbestos-containing building materials are exempt from this chapter.
(2)(a) Subsection (1) of this section does not apply to asbestos-containing building materials that have already been installed, applied, or used by the consumer.
(b) Subsection (1) of this section does not apply to asbestos-containing building materials used solely for United States military purposes.
(3) Any manufacturer, wholesaler, or distributor may submit a written request for an exemption from the labeling requirements of this chapter, and the department may grant such an exemption if it determines that the labeling requirements are technically infeasible or create an undue economic hardship. Each exemption is in effect for a period not to exceed three years from the date issued and is subject to the terms and conditions prescribed by the department.
[ 2020 c 20 s 1426; 2013 c 51 s 3. Formerly RCW 70.310.030.]

catchline: Labeling requirement for asbestos-containing building materials.


title: RCW 70A.450.040

text:
(1) A label must be placed in a prominent location adjacent to the product name or description on the exterior of the wrapping and packaging in which the asbestos-containing building material is placed for storage, shipment, and sale.
(2) A label must also be placed on the exterior surface of the asbestos-containing building material itself unless it is sold as a liquid or paste, is sand or gravel, or an exemption is granted pursuant to RCW 70A.450.030(3).
(3) Asbestos-containing building materials must have a legible label that clearly identifies it as containing asbestos. The department may adopt rules regarding the implementation of this chapter. At a minimum, the label must state the following:
CAUTION!
This product contains ASBESTOS which is known to cause cancer and lung disease. Avoid creating dust. Intentionally removing or tampering with this label is a violation of state law.
(4) It is unlawful for any person to remove, deface, cover, or otherwise obscure or tamper with a label or sticker that has been applied in compliance with this section, unless the asbestos-containing building material is in the possession of the end user.
[ 2020 c 20 s 1427; 2013 c 51 s 4. Formerly RCW 70.310.040.]

catchline: Placement of label—Content of label's notice—Tampering with label unlawful.


title: RCW 70A.450.050

text:
(1) The provisions of this chapter may be enforced by the department, local air authorities, or their designees.
(2) A person found in violation of this chapter is subject to the penalties provided under RCW 70A.15.3160.
[ 2020 c 20 s 1428; 2013 c 51 s 5. Formerly RCW 70.310.050.]

catchline: Enforcement of chapter—Penalties.


title: RCW 70A.450.060

text:
(1) Except as provided in subsection (2) of this section, the use of asbestos-containing building materials in new construction or renovations is prohibited.
(2) Subsection (1) of this section does not apply to:
(a) The use of asbestos-containing building materials in residential construction;
(b) The use of asbestos-containing building materials that are, as of June 11, 2020, already ordered by a contractor or currently in the possession of the contractor; or
(c) The use of asbestos-containing building materials if complying with subsection (1) of this section would result in the breach of a contract existing as of June 11, 2020.
[ 2020 c 100 s 1.]

catchline: Use of asbestos-containing building materials in new construction—Prohibition—Exceptions.


title: RCW 70A.450.070

text:
(1) Every owner of a facility that is engaged in activities described in codes 31 through 33 of the North American industry classification system must:
(a) Perform an inspection of the facility to determine whether asbestos-containing building materials are present and, if asbestos-containing building materials are found during the initial inspection, reinspect asbestos-containing building materials every five years thereafter. The inspections must be conducted by persons meeting the accreditation requirements of the federal toxic substances control act, 15 U.S.C. Sec. 2646 (b) or (c); and
(b) Develop, maintain, and update an asbestos management plan and keep a copy at the facility. The asbestos management plan must be updated every five years and after any material changes in asbestos-containing building materials in the facility. The asbestos management plan must include:
(i) The name and address of the facility and whether the facility has asbestos-containing building materials, and the type of asbestos-containing building material;
(ii) The date of the original facility inspection;
(iii) A plan for reinspections;
(iv) A blueprint of the facility that clearly identifies the location of asbestos-containing building materials;
(v) A description of any response action or prevention measures taken to reduce asbestos exposure;
(vi) A copy of the analysis of any building or facility, and the name and address of any laboratory that sampled the material;
(vii) The name, address, and telephone number of a designated contact to whom the owner has assigned responsibility for ensuring that the duties of the owner are carried out; and
(viii) A description of steps taken to inform workers about inspections, reinspections, response actions, and periodic surveillance of the asbestos-containing building materials.
(2) Upon request, the asbestos management plan required under subsection (1)(b) of this section must be made available to the department, the department of labor and industries, local air pollution control authorities in jurisdictions where they have been created under this chapter, and any interested party. In addition to the penalties established by this chapter, failure to create or maintain a required asbestos management plan is a violation of chapter 49.17 RCW and subject to the penalties established under RCW 49.17.180 and 49.17.190.
[ 2020 c 100 s 3.]

catchline: Inspection of certain facilities for asbestos-containing building materials—Asbestos management plan—Content—Penalties.


title: RCW 70A.455.010

text:
(1) The legislature finds and declares that it is the public policy of the state that:
(a) Environmental marketing claims for plastic products, whether implicit or implied, should adhere to uniform and recognized standards for "compostability" and "biodegradability," since misleading, confusing, and deceptive labeling can negatively impact local composting programs and compost processors. Plastic products marketed as being "compostable" should be readily and easily identifiable as meeting these standards;
(b) Legitimate and responsible packaging and plastic product manufacturers are already properly labeling their compostable products, but many manufacturers are not. Not all compost facilities and their associated processing technologies accept or are required to accept compostable packaging as feedstocks. However, implementing a standardized system and test methods may create the ability for them to take these products in the future.
(2) Therefore, it is the intent of the legislature to authorize the department of ecology, cities, and counties to pursue false or misleading environmental claims and "greenwashing" for plastic products claiming to be "compostable" or "biodegradable" when in fact they are not.
[ 2022 c 180 s 801; 2019 c 265 s 1. Formerly RCW 70.360.010.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Findings—Intent.


title: RCW 70A.455.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "ASTM" means the American society for testing and materials.
(2) "Biodegradable mulch film" means film plastic used as a technical tool in commercial farming applications that biodegrades in soil after being used, and:
(a) The film product fulfills plant growth and regulated metals requirements of ASTM D6400; and
(b)(i) Meets the requirements of Vincotte's "OK Biodegradable Soil" certification scheme, as that certification existed as of January 1, 2019;
(ii) At ambient temperatures and in soil, shows at least 90 percent biodegradation absolute or relative to microcrystalline cellulose in less than two years' time, tested according to ISO 17556 or ASTM 5988 standard test methods, as those test methods existed as of January 1, 2019; or
(iii) Meets the requirements of EN 17033 "plastics-biodegradable mulch films for use in agriculture and horticulture" as it existed on January 1, 2019.
(3) "Department" means the department of ecology.
(4) "Federal trade commission guides" means the United States federal trade commission's guides for the use of environmental marketing claims (Part 260, commencing at section 260.1), compostability claims, including section 260.8, and degradation claims (subchapter B of chapter I of Title 16 of the Code of Federal Regulations), as those guides existed as of January 1, 2019.
(5) "Film product" means a bag, sack, wrap, or other sheet film product.
(6) "Food service product" has the same meaning as defined in RCW 70A.245.010.
(7) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(8) "Plastic food packaging and food service products" means food packaging and food service products that is composed of:
(a) Plastic; or
(b) Fiber or paper with a plastic coating, window, component, or additive.
(9) "Plastic product" means a product made of plastic, whether alone or in combination with another material including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following:
(a) A product or part of a product that is used, bought, or leased for use by a person for any purpose;
(b) A package or a packaging component including, but not limited to, packaging peanuts;
(c) A film product; or
(d) Plastic food packaging and food service products.
(10) "Producer" means the following person responsible for compliance under this chapter for a product sold, offered for sale, or distributed in or into this state:
(a) If the product is sold under the manufacturer's own brand or lacks identification of a brand, the producer is the person who manufactures the product;
(b) If the product is manufactured by a person other than the brand owner, the producer is the person that is the licensee of a brand or trademark under which a product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state, unless the manufacturer or brand owner of the product has agreed to accept responsibility under this chapter; or
(c) If there is no person described in (a) and (b) of this subsection over whom the state can constitutionally exercise jurisdiction, the producer is the person who imports or distributes the product in or into the state.
(11) "Standard specification" means either:
(a) ASTM D6400 – standard specification labeling of plastics designed to be aerobically composted in municipal or industrial facilities, as it existed as of January 1, 2019; or
(b) ASTM D6868 – standard specification for labeling of end items that incorporate plastics and polymers as coatings or additives with paper and other substrates designed to be aerobically composted in municipal or industrial facilities, as it existed as of January 1, 2019.
(12) "Utensil" means a product designed to be used by a consumer to facilitate the consumption of food or beverages, including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers.
[ 2022 c 180 s 802; 2019 c 265 s 2. Formerly RCW 70.360.020.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.


title: RCW 70A.455.030

text:
(1) Except as provided in this chapter, no producer may sell, offer for sale, or distribute for use in this state a plastic product that is labeled with the term "biodegradable," "degradable," "decomposable," "oxo-degradable," or any similar form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(2) This section does not apply to biodegradable mulch film that meets the required testing and has the appropriate third-party certifications.
[ 2022 c 180 s 811; 2019 c 265 s 3. Formerly RCW 70.360.030.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Use of terms on label.


title: RCW 70A.455.040

text:
(1) A product labeled as "compostable" that is sold, offered for sale, or distributed for use in Washington by a producer must meet at least one of the following equivalent standard specifications:
(a) ASTM standard specification D6400;
(b) ASTM standard specification D6868;
(c) ASTM standard specification D8410;
(d) ISO standard specification 17088;
(e) EN standard specification 13432;
(f) A standard specification that is substantially similar to those provided in (a) through (e) of this subsection, as determined by the department; or
(g) Be comprised only of wood, which includes renewable wood, or a fiber-based substrate that contains:
(i) Greater than 98 percent fiber by dry weight; and
(ii) No plastic, plastic polymer or wax additives, or plastic or wax coatings.
(2) A product described in subsection (1)(a) through (f) of this section must:
(a) Meet labeling requirements established under the United States federal trade commission's guides; and
(b) Feature labeling that:
(i) Meets industry standards for being distinguishable upon quick inspection in both public sorting areas and in processing facilities;
(ii) Uses a logo indicating the product has been certified by a recognized third-party independent verification body as meeting the applicable standard specification;
(iii) Displays the word "compostable," where possible, indicating the product has been tested by a recognized third-party independent body and meets the applicable standard specification; and
(iv) Uses green, beige, or brown labeling, color striping, or other green, beige, or brown symbols, colors, tinting, marks, or design patterns that help differentiate compostable items from noncompostable items.
[ 2024 c 341 s 501; 2022 c 180 s 803; 2019 c 265 s 4. Formerly RCW 70.360.040.]
Notes:
Findings—Intent—2024 c 341: See note following RCW 70A.207.040.
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Requirements for a product labeled "compostable."


title: RCW 70A.455.050

text:
(1) A producer of a film bag that meets ASTM standard specification D6400 and is distributed or sold by retailers must ensure that the film bag is readily and easily identifiable from other film bags in a manner that is consistent with the federal trade commission guides.
(2) For purposes of this section, "readily and easily identifiable" products must meet the following requirements:
(a) Be labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification if the bag has been certified as meeting that standard by a recognized third-party independent verification body;
(b) Be labeled in accordance with one of the following:
(i) The bag is tinted or made of a uniform color of green, beige, or brown and labeled with the word "compostable" on one side of the bag and the label must be at least one inch in height; or
(ii) Be labeled with the word "compostable" on both sides of the bag and the label must be one of the following:
(A) Green, beige, or brown color lettering at least one inch in height; or
(B) Within a contrasting green, beige, or brown color band of at least one inch in height on both sides of the bag with color contrasting lettering of at least one-half inch in height; and
(c) Meet industry standards for being distinguishable upon quick inspection in both public sorting areas and in processing facilities.
(3) If a bag is smaller than 14 inches by 14 inches, the lettering and stripe required under subsection (2)(b)(ii) of this section must be in proportion to the size of the bag.
(4) A film bag that meets ASTM standard specification D6400 that is sold or distributed in this state may not display a chasing arrow resin identification code or recycling type of symbol in any form.
(5) A producer is required to comply with this section only to the extent that the labeling requirements do not conflict with the federal trade commission guides.
[ 2022 c 180 s 804; 2019 c 265 s 5. Formerly RCW 70.360.050.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Film bags—Identification.


title: RCW 70A.455.060

text:
(1)(a) A producer of plastic food service products or film products that meet ASTM standard specification D6400 or ASTM standard specification D6868 must ensure that the items are readily and easily identifiable from other plastic food service products or plastic film products in a manner that is consistent with the federal trade commission guides.
(b) Film bags are exempt from the requirements of this section, and are instead subject to the requirements of RCW 70A.455.050.
(2) For the purposes of this section, "readily and easily identifiable" products must:
(a) Be labeled with a logo indicating the product has been certified by a recognized third-party independent verification body as meeting the ASTM standard specification;
(b) Be labeled with the word "compostable," where possible, indicating the food packaging or film product has been tested by a recognized third-party independent body and meets the ASTM standard specification;
(c) Meet industry standards for being distinguishable upon quick inspection in both public sorting areas and in processing facilities;
(d) If the product is a plastic food service product or food contact film product, be at least partially colored or partially tinted green, beige, or brown, or have a green, beige, or brown stripe or band at least .25 inches wide; and
(e) If the product is a nonfood contact film product, be at least partially colored or partially tinted green or have a green stripe or band at least .25 inches wide and display the word "compostable."
(3) It is encouraged that each product described in subsection (1) of this section display labeling language via printing, embossing, or compostable adhesive stickers using, when possible, either the colors green, beige, or brown that contrast with background product color for easy identification.
(4) Graphic elements are encouraged to increase legibility of the word "compostable" and overall product distinction that may include text boxes, stripes, bands, or a green, beige, or brown tint of the product.
(5) A producer is required to comply with this section only to the extent that the labeling requirements do not conflict with the federal trade commission guides.
[ 2022 c 180 s 805; 2020 c 20 s 1446; 2019 c 265 s 6. Formerly RCW 70.360.060.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Effective date—2020 c 20 ss 1446-1450: "Sections 1446 through 1450 of this act take effect July 1, 2020." [ 2020 c 20 s 104.]

catchline: Plastic food service products/film products—Identification.


title: RCW 70A.455.070

text:
(1) A producer of plastic film bags sold, offered for sale, or distributed for use in Washington that does not meet the applicable ASTM standard specifications provided in RCW 70A.455.050 is:
(a) Prohibited from using tinting, color schemes, labeling, or terms that are required of products that meet the applicable ASTM standard specifications under RCW 70A.455.050;
(b) Discouraged from using labeling, images, and terms that may reasonably be anticipated to confuse consumers into believing that noncompostable products are compostable; and
(c) Encouraged to use labeling, images, and terms to help consumers identify noncompostable bags as either: (i) Suitable for recycling; or (ii) necessary to dispose as waste.
(2) A producer of food service products, or plastic film products other than plastic film bags subject to subsection (1) of this section, sold, offered for sale, or distributed for use in Washington that does not meet the applicable ASTM standard specifications provided in RCW 70A.455.060 is:
(a) Prohibited from using labeling, or terms that are required of products that meet the applicable ASTM standard specifications under RCW 70A.455.060;
(b) Discouraged from using labeling, images, and terms that may reasonably be anticipated to confuse consumers into believing that noncompostable products are compostable; and
(c) Encouraged to use tinting, coloration, labeling, images, and terms to help consumers identify film products and food service packaging as either: (i) Suitable for recycling; or (ii) necessary to dispose as waste.
(3) For the purposes of this section only:
(a) "Tinting" means the addition of color to a film, usually by means of dye or stain, that filters light and makes the film appear a certain color; and
(b)(i) The prohibition in subsection (1)(a) of this section on "color schemes" on plastic film bags does not preclude the use of:
(A) Green, brown, or beige stripes that are smaller than .25 inch wide and used as visual aids; and
(B) Green, brown, or beige lettering or logos that are used solely for brand identity purposes.
(ii) The prohibition in subsection (1)(a) of this section on color schemes on plastic film bags does prohibit the use of botanical motifs, such as leaves or vines that are colored green, brown, or beige, or any combination of these colors or shapes.
[ 2024 c 341 s 502; 2022 c 180 s 806; 2020 c 20 s 1447; 2019 c 265 s 7. Formerly RCW 70.360.070.]
Notes:
Findings—Intent—2024 c 341: See note following RCW 70A.207.040.
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Effective date—2020 c 20 ss 1446-1450: See note following RCW 70A.455.060.

catchline: Producers of plastic film bags or food service products—Prohibited, discouraged, and encouraged acts.


title: RCW 70A.455.080

text:
(1) Upon the request by a person, including the department, a producer shall submit to that person or the department, within 90 days of the request, nonconfidential business information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate.
(2) Upon request by a commercial compost processing facility, producers of compostable products are encouraged to provide the facility with information regarding the technical aspects of a commercial composting environment, such as heat or moisture, in which the producer's product has been field tested and found to degrade.
[ 2022 c 180 s 807; 2019 c 265 s 8. Formerly RCW 70.360.080.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Submission of information demonstrating compliance with chapter—Other information.


title: RCW 70A.455.090

text:
(1)(a) The department and cities and counties have concurrent authority to enforce this chapter and to issue and collect civil penalties for a violation of this chapter, subject to the conditions in this section and RCW 70A.455.100. An enforcing government entity may impose a civil penalty in the amount of up to $2,000 for the first violation of this chapter, up to $5,000 for the second violation of this chapter, and up to $10,000 for the third and any subsequent violation of this chapter. If a producer has paid a prior penalty for the same violation to a different government entity with enforcement authority under this subsection, the penalty imposed by a government entity is reduced by the amount of the payment.
(b) The enforcement of this chapter must be based primarily on complaints filed with the department and cities and counties. The department must establish a forum for the filing of complaints. Cities, counties, or any person may file complaints with the department using the forum, and cities and counties may review complaints filed with the department via the forum. The forum established by the department may include a complaint form on the department's website, a telephone hotline, or a public outreach strategy relying upon electronic social media to receive complaints that allege violations. The department, in collaboration with the cities and counties, must provide education and outreach activities to inform retail establishments, consumers, and producers about the requirements of this chapter.
(c) A city or county that chooses to enforce the requirements of this chapter within their jurisdiction must notify the department with a letter of intent that includes:
(i) The start and any end date of the local jurisdiction's enforcement activities;
(ii) The geographic boundaries within which the enforcement activities are planned; and
(iii) Any technical assistance, education, or enforcement tools that the city or county would like to request from the department in support of local enforcement activities.
(2) Penalties issued by the department are appealable to the pollution control hearings board established in chapter 43.21B RCW.
(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to chapter 19.86 RCW or other consumer protection laws, if applicable.
(4) In addition to penalties recovered under this section, the enforcing city or county may recover reasonable enforcement costs and attorneys' fees from the liable producer.
[ 2024 c 341 s 504; 2022 c 180 s 808; 2020 c 20 s 1448; 2019 c 265 s 9. Formerly RCW 70.360.090.]
Notes:
Findings—Intent—2024 c 341: See note following RCW 70A.207.040.
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Effective date—2020 c 20 ss 1446-1450: See note following RCW 70A.455.060.


title: RCW 70A.455.100

text:
(1) Producers who violate the requirements of this chapter are subject to civil penalties described in RCW 70A.455.090. A specific violation is deemed to have occurred upon the sale of noncompliant product by stock-keeping unit number or unique item number. The repeated sale of the same noncompliant product by stock-keeping unit number or unique item number is considered a single violation.
(2)(a) A city or county enforcing a requirement of this chapter must send a written notice and a copy of the requirements to a noncompliant producer of an alleged violation, who will have 90 days to become compliant.
(b) A city or county enforcing a requirement of this chapter may assess a first penalty if the producer has not met the requirements 90 days following the date the notification was sent. A city or county may impose second, third, and subsequent penalties on a producer that remains noncompliant with the requirements of this chapter for every month of noncompliance.
(3) The department may only impose penalties under this chapter consistent with the standards established in RCW 43.21B.300.
[ 2022 c 180 s 809; 2020 c 20 s 1449; 2019 c 265 s 10. Formerly RCW 70.360.100.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Effective date—2020 c 20 ss 1446-1450: See note following RCW 70A.455.060.

catchline: Producers in violation of chapter—Penalties.


title: RCW 70A.455.120

text:
(1)The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
(2) Producers of a product subject to RCW 70A.455.040, 70A.455.050, or 70A.455.060 must submit, under penalty of perjury, a declaration that the product meets the standards established under those sections of this chapter for the product. This declaration must be submitted to the department:
(a) By January 1, 2024, for a product that is or will be sold or distributed into Washington beginning January 1, 2024;
(b) Prior to the sale or distribution of a product newly sold or distributed into Washington after January 1, 2024; and
(c) Prior to the sale or distribution of a product whose method of compliance with the standards established in RCW 70A.455.040, 70A.455.050, or 70A.455.060 is materially changed from the method of compliance used at the last declaration submission under this section.
(3) The department must begin enforcing the requirements of this chapter by July 1, 2024.
[ 2022 c 180 s 810.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.


title: RCW 70A.455.130

text:
A producer may only label a product as being "home compostable" if:
(1) The product has been tested and meets ASTM standards D6400 or D6868 for industrial composting settings;
(2) A third-party certifier has verified that the product meets ASTM standards for industrial composting;
(3) The product is otherwise labeled in a manner consistent with the requirements of this chapter, including RCW 70A.455.030, 70A.455.040, or 70A.455.050, as appropriate;
(4) The product is not labeled "home compostable only" or in a manner that otherwise implies that the product is not capable of being composted in industrial compost settings; and
(5) The producer has valid and reproducible scientific evidence to support their claim that a product is home compostable, consistent with federal trade commission guidelines.
[ 2024 c 341 s 503.]
Notes:
Findings—Intent—2024 c 341: See note following RCW 70A.207.040.

catchline: Labeling a product "home compostable"—Requirements.


title: RCW 70A.455.140

text:
The on-product marking requirements under this chapter, including the logo, coloring, and wording requirements of RCW 70A.455.040(2)(b), do not apply to paper-based sheets that are intended for use in the cooking process. The exemption from the requirements of this chapter does not apply to requirements other than marking requirements. Labeling consistent with the requirements of RCW 70A.455.020(2)(b) must be included on the packaging for any paper-based sheets that are exempted under this section.
[ 2025 c 314 s 12.]
Notes:
Findings—Intent—2025 c 314: See note following RCW 70A.207.050.

catchline: On-product marking requirements—Exception for paper-based sheets.


title: RCW 70A.50.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Customers" means residents, businesses, and building owners.
(2) "Direct outreach" means:
(a) The use of door-to-door contact, community events, and other methods of direct interaction with customers to inform them of energy efficiency and weatherization opportunities; and
(b) The performance of energy audits.
(3) "Energy audit" means an assessment of building energy efficiency opportunities, from measures that require very little investment and without any disruption to building operation, normally involving general building operational measures, to low or relatively higher cost investment, such as installing timers to turn off equipment, replacing light bulbs, installing insulation, replacing equipment and appliances with higher efficiency equipment and appliances, and similar measures. The term includes an assessment of alternatives for generation of heat and power from renewable energy resources, including installation of solar water heating and equipment for photovoltaic electricity generation.
(4) "Energy efficiency and conservation block grant program" means the federal program created under the energy independence and security act of 2007 (P.L. 110-140).
(5) "Energy efficiency services" means energy audits, weatherization, energy efficiency retrofits, energy management systems as defined in RCW 39.35.030, and other activities to reduce a customer's energy consumption, and includes assistance with paperwork, arranging for financing, program design and development, and other postenergy audit assistance and education to help customers meet their energy savings goals.
(6) "Low-income individual" means an individual whose annual household income does not exceed eighty percent of the area median income for the metropolitan, micropolitan, or combined statistical area in which that individual resides as determined annually by the United States department of housing and urban development.
(7) "Sponsor" means any entity or group of entities that submits a proposal under RCW 70A.50.020, including but not limited to any nongovernmental nonprofit organization, local community action agency, tribal nation, community service agency, public service company, county, municipality, publicly owned electric, or natural gas utility.
(8) "Sponsor match" means the share, if any, of the cost of efficiency improvements to be paid by the sponsor.
(9) "Weatherization" means making energy and resource conservation and energy efficiency improvements.
[ 2020 c 20 s 1410; 2009 c 379 s 101. Formerly RCW 70.260.010.]
Notes:
Finding—Intent—2009 c 379: "(1) The legislature finds that improving energy efficiency in structures is one of the most cost-effective means to meet energy requirements, and that while there have been significant efficiency savings achieved in the state over the past quarter century, there remains enormous potential to achieve even greater savings. Increased weatherization and more extensive efficiency improvements in residential, commercial, and public buildings achieves many benefits, including reducing energy bills, avoiding the construction of new electricity generating facilities with associated climate change impacts, and creation of family-wage jobs in performing energy audits and improvements.
(2) It is the intent of the legislature that financial and technical assistance programs be expanded to direct municipal, state, and federal funds, as well as electric and natural gas utility funding, toward greater achievement of energy efficiency improvements. To this end, the legislature establishes a policy goal of assisting in weatherizing twenty thousand homes and businesses in the state in each of the next five years. The legislature also intends to attain this goal in part through supporting programs that rely on community organizations and that there be maximum family-wage job creation in fields related to energy efficiency." [ 2009 c 379 s 1.]
Effective date—2009 c 379: "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 [May 7, 2009]." [ 2009 c 379 s 405.]


title: RCW 70A.50.020

text:
The Washington State University extension energy program is authorized to implement grants for pilot programs providing community-wide urban residential and commercial energy efficiency upgrades. The Washington State University extension energy program must coordinate and collaborate with the department of commerce on the design, administration, and implementation elements of the pilot program.
(1) There must be at least three grants for pilot programs, awarded on a competitive basis to sponsors for conducting direct outreach and delivering energy efficiency services that, to the extent feasible, ensure a balance of participation for: (a) Geographic regions in the state; (b) types of fuel used for heating; (c) owner-occupied and rental residences; (d) small commercial buildings; and (e) single-family and multifamily dwellings.
(2) The pilot programs must:
(a) Provide assistance for energy audits and energy efficiency-related improvements to structures owned by or used for residential, commercial, or nonprofit purposes in specified urban neighborhoods where the objective is to achieve a high rate of participation among building owners within the pilot area;
(b) Utilize volunteer support to reach out to potential customers through the use of community-based institutions;
(c) Employ qualified energy auditors and energy efficiency service providers to perform the energy audits using recognized energy efficiency and weatherization services that are cost-effective;
(d) Select and provide oversight of contractors to perform energy efficiency services. Sponsors shall require contractors to participate in quality control and efficiency training, use workers trained from workforce training and apprentice programs established under chapter 536, Laws of 2009 if these workers are available, pay prevailing wages under chapter 39.12 RCW, hire from the community in which the program is located, and create employment opportunities for veterans, members of the national guard, and low-income and disadvantaged populations; and
(e) Work with customers to secure financing for their portion of the project and apply for and administer utility, public, and charitable funding provided for energy audits and retrofits.
(3) The Washington State University extension energy program must give priority to sponsors that can secure a sponsor match of at least one dollar for each dollar awarded.
(a) A sponsor may use its own moneys, including corporate or ratepayer moneys, or moneys provided by landlords, charitable groups, government programs, the Bonneville power administration, or other sources to pay the sponsor match.
(b) A sponsor may meet its match requirement in whole or in part through providing labor, materials, or other in-kind expenditures.
(4)(a) Pilot programs receiving funding must report compliance with performance metrics for each sponsor receiving a grant award. The performance metrics include:
(i) Monetary and energy savings achieved;
(ii) Savings-to-investment ratio achieved for customers;
(iii) Wage levels of jobs created;
(iv) Utilization of preapprentice and apprenticeship programs; and
(v) Efficiency and speed of delivery of services.
(b) Pilot programs receiving funding under this section are required to report to the Washington State University extension energy program on compliance with the performance metrics every six months following the receipt of grants, with the last report submitted six months after program completion.
(c) The Washington State University extension energy program shall review the accuracy of these reports and provide a progress report on all grant pilot programs to the appropriate committees of the legislature by December 1st of each year.
(5)(a) By December 1, 2009, the Washington State University extension energy program shall provide a report to the governor and appropriate legislative committees on the: Number of grants awarded; number of jobs created or maintained; number and type of individuals trained through workforce training and apprentice programs; number of veterans, members of the national guard, and individuals of low-income and disadvantaged populations employed by pilot programs; and amount of funding provided through the grants as established in subsection (1) of this section and the performance metrics established in subsection (4) of this section.
(b) By December 1, 2010, the Washington State University extension energy program shall provide a final report to the governor and appropriate legislative committees on the: Number of grants awarded; number of jobs created or maintained; number and type of individuals trained through workforce training and apprentice programs; number of veterans, members of the national guard, and individuals of low-income and disadvantaged populations employed by pilot programs; and amount of funding provided through the grants as established in subsection (1) of this section and the performance metrics established in subsection (4) of this section.
[ 2023 c 470 s 2116; 2009 c 379 s 102. Formerly RCW 70.260.020.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Finding—Intent—Effective date—2009 c 379: See notes following RCW 70A.50.010.

catchline: Grants for pilot programs providing urban residential and commercial energy efficiency upgrades—Requirements of pilot programs—Report to the governor and legislature.


title: RCW 70A.50.030

text:
(1) The legislature finds that increasing energy costs put farm viability and competitiveness at risk and that energy efficiency improvements on the farm are the most cost-effective way to manage these costs. The legislature further finds that current on-farm energy efficiency programs often miss opportunities to evaluate and conserve all types of energy, including fuels and fertilizers.
(2) The Washington State University extension energy program, in consultation with the department of agriculture, shall form an interdisciplinary team of agricultural and energy extension agencies to develop and offer new methods to help agricultural producers assess their opportunities to increase energy efficiency in all aspects of their operations. The interdisciplinary team must develop and deploy:
(a) Online energy self-assessment software tools to allow agricultural producers to assess whole-farm energy use and to identify the most cost-effective efficiency opportunities;
(b) Energy auditor training curricula specific to the agricultural sector and designed for use by agricultural producers, conservation districts, agricultural extensions, and commodity groups;
(c) An effective infrastructure of trained energy auditors available to assist agricultural producers with on-farm energy audits and identify cost-share assistance for efficiency improvements; and
(d) Measurement systems for cost savings, energy savings, and carbon emission reduction benefits resulting from efficiency improvements identified by the interdisciplinary team.
(3) The Washington State University extension energy program shall seek to obtain additional resources for this section from federal and state agricultural assistance programs and from other sources.
(4) The Washington State University extension energy program shall provide technical assistance for farm energy assessment activities as specified in this section.
[ 2009 c 379 s 103. Formerly RCW 70.260.030.]
Notes:
Finding—Intent—Effective date—2009 c 379: See notes following RCW 70A.50.010.

catchline: Farm energy efficiency improvements.


title: RCW 70A.500.010

text:
The legislature finds that a convenient, safe, and environmentally sound system for the collection, transportation, and recycling of covered electronic products must be established. The legislature further finds that the system must encourage the design of electronic products that are less toxic and more recyclable. The legislature further finds that the responsibility for this system must be shared among all stakeholders, with manufacturers financing the collection, transportation, and recycling system.
[ 2006 c 183 s 1. Formerly RCW 70.95N.010.]

catchline: Findings.


title: RCW 70A.500.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the Washington materials management and financing authority created under RCW 70A.500.270.
(2) "Authorized party" means a manufacturer who submits an individual independent plan or the entity authorized to submit an independent plan for more than one manufacturer.
(3) "Board" means the board of directors of the Washington materials management and financing authority created under RCW 70A.500.280.
(4) "Collector" means an entity licensed to do business in the state that gathers unwanted covered electronic products from households, small businesses, school districts, small governments, and charities for the purpose of recycling and meets minimum standards that may be developed by the department.
(5) "Contract for services" means an instrument executed by the authority and one or more persons or entities that delineates collection, transportation, and recycling services, in whole or in part, that will be provided to the citizens of the state within service areas as described in the approved standard plan.
(6) "Covered electronic product" includes a cathode ray tube or flat panel computer monitor having a viewable area greater than four inches when measured diagonally, a desktop computer, a laptop or a portable computer, or a cathode ray tube or flat panel television having a viewable area greater than four inches when measured diagonally that has been used in the state by any covered entity regardless of original point of purchase. "Covered electronic product" does not include: (a) A motor vehicle or replacement parts for use in motor vehicles or aircraft, or any computer, computer monitor, or television that is contained within, and is not separate from, the motor vehicle or aircraft; (b) monitoring and control instruments or systems; (c) medical devices; (d) products including materials intended for use as ingredients in those products as defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) or the virus-serum-toxin act of 1913 (21 U.S.C. Sec. 151 et seq.), and regulations issued under those acts; (e) equipment used in the delivery of patient care in a health care setting; (f) a computer, computer monitor, or television that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or (g) handheld portable voice or data devices used for commercial mobile services as defined in 47 U.S.C. Sec. 332 (d)(1).
(7) "Covered entity" means any household, charity, school district, small business, or small government located in Washington state.
(8) "Curbside service" means a collection service providing regularly scheduled pickup of covered electronic products from households or other covered entities in quantities generated from households.
(9) "Department" means the department of ecology.
(10) "Electronic product" includes a cathode ray tube or flat panel computer monitor having a viewable area greater than four inches when measured diagonally; a desktop computer; a laptop or a portable computer; or a cathode ray tube or flat screen television having a viewable area greater than four inches when measured diagonally.
(11) "Equivalent share" means the weight in pounds of covered electronic products identified for an individual manufacturer under this chapter as determined by the department under RCW 70A.500.200.
(12) "Household" means a single detached dwelling unit or a single unit of a multiple dwelling unit and appurtenant structures.
(13) "Independent plan" means a plan for the collection, transportation, and recycling of unwanted covered electronic products that is developed, implemented, and financed by an individual manufacturer or by an authorized party.
(14) "Manufacturer" means any person, in business or no longer in business but having a successor in interest, who, irrespective of the selling technique used, including by means of distance or remote sale:
(a) Manufactures or has manufactured a covered electronic product under its own brand names for sale in or into this state;
(b) Assembles or has assembled a covered electronic product that uses parts manufactured by others for sale in or into this state under the assembler's brand names;
(c) Resells or has resold in or into this state under its own brand names a covered electronic product produced by other suppliers, including retail establishments that sell covered electronic products under their own brand names;
(d) Manufactures or manufactured a cobranded product for sale in or into this state that carries the name of both the manufacturer and a retailer;
(e) Imports or has imported a covered electronic product into the United States that is sold in or into this state. However, if the imported covered electronic product is manufactured by any person with a presence in the United States meeting the criteria of manufacturer under (a) through (d) of this subsection, that person is the manufacturer. For purposes of this subsection, "presence" means any person that performs activities conducted under the standards established for interstate commerce under the commerce clause of the United States Constitution;
(f) Sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in (e) of this subsection, and elects to register in lieu of the importer as the manufacturer for those products; or
(g) Beginning in program year 2016, elects to assume the responsibility and register in lieu of a manufacturer as defined under this section. In the event the entity who assumes responsibility fails to comply, the manufacturer as defined under (a) through (f) of this subsection remains fully responsible.
(15) "Market share" means the percentage of covered electronic products by weight identified for an individual manufacturer, as determined by the department under RCW 70A.500.190.
(16) "New entrant" means: (a) A manufacturer of televisions that have been sold in the state for less than ten years; or (b) a manufacturer of desktop computers, laptop and portable computers, or computer monitors that have been sold in the state for less than five years. However, a manufacturer of both televisions and computers or a manufacturer of both televisions and computer monitors that is deemed a new entrant under either only (a) or (b) of this subsection is not considered a new entrant for purposes of this chapter.
(17) "Orphan product" means a covered electronic product that lacks a manufacturer's brand or for which the manufacturer is no longer in business and has no successor in interest.
(18) "Plan's equivalent share" means the weight in pounds of covered electronic products for which a plan is responsible. A plan's equivalent share is equal to the sum of the equivalent shares of each manufacturer participating in that plan.
(19) "Plan's market share" means the sum of the market shares of each manufacturer participating in that plan.
(20) "Plan's return share" means the sum of the return shares of each manufacturer participating in that plan.
(21) "Premium service" means services such as at-location system upgrade services provided to covered entities and at-home pickup services offered to households. "Premium service" does not include curbside service.
(22) "Processor" means an entity engaged in disassembling, dismantling, or shredding electronic products to recover materials contained in the electronic products and prepare those materials for reclaiming or reuse in new products in accordance with processing standards established by this chapter and by the department. A processor may also salvage parts to be used in new products.
(23) "Product type" means one of the following categories: Computer monitors; desktop computers; laptop and portable computers; and televisions.
(24) "Program" means the collection, transportation, and recycling activities conducted to implement an independent plan or the standard plan.
(25) "Program year" means each full calendar year after the program has been initiated.
(26) "Recycling" means transforming or remanufacturing unwanted electronic products, components, and by-products into usable or marketable materials for use other than landfill disposal or incineration. "Recycling" does not include energy recovery or energy generation by means of combusting unwanted electronic products, components, and by-products with or without other waste. Smelting of electronic materials to recover metals for reuse in conformance with all applicable laws and regulations is not considered disposal or energy recovery.
(27) "Retailer" means a person who offers covered electronic products for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer.
(28) "Return share" means the percentage of covered electronic products by weight identified for an individual manufacturer, as determined by the department under RCW 70A.500.190.
(29) "Reuse" means any operation by which an electronic product or a component of a covered electronic product changes ownership and is used for the same purpose for which it was originally purchased.
(30) "Small business" means a business employing less than fifty people.
(31) "Small government" means a city in the state with a population less than fifty thousand, a county in the state with a population less than one hundred twenty-five thousand, and special purpose districts in the state.
(32) "Standard plan" means the plan for the collection, transportation, and recycling of unwanted covered electronic products developed, implemented, and financed by the authority on behalf of manufacturers participating in the authority.
(33) "Transporter" means an entity that transports covered electronic products from collection sites or services to processors or other locations for the purpose of recycling, but does not include any entity or person that hauls their own unwanted electronic products.
(34) "Unwanted electronic product" means a covered electronic product that has been discarded or is intended to be discarded by its owner.
(35) "White box manufacturer" means a person who manufactured unbranded covered electronic products offered for sale in the state within ten years prior to a program year for televisions or within five years prior to a program year for desktop computers, laptop or portable computers, or computer monitors.
[ 2020 c 20 s 1247. Prior: 2013 c 305 s 1; 2006 c 183 s 2. Formerly RCW 70.95N.020.]
Notes:
Effective date—2013 c 305: "This act takes effect January 1, 2014." [ 2013 c 305 s 15.]

catchline: Definitions.


title: RCW 70A.500.030

text:
(1) A manufacturer must participate in an independent plan or the standard plan to implement and finance the collection, transportation, and recycling of covered electronic products.
(2) An independent plan or the standard plan must be implemented and fully operational no later than January 1, 2009.
(3) The manufacturers participating in an approved plan are responsible for covering all administrative and operational costs associated with the collection, transportation, and recycling of their plan's equivalent share of covered electronic products. If costs are passed on to consumers, it must be done without any fees at the time the unwanted electronic product is delivered or collected for recycling. However, this does not prohibit collectors providing premium or curbside services from charging customers a fee for the additional collection cost of providing this service, when funding for collection provided by an independent plan or the standard plan does not fully cover the cost of that service.
(4) Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste in the state of Washington, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide such service itself or by contract pursuant to RCW 81.77.020.
(5) Manufacturers are encouraged to collaborate with electronic product retailers, certificated waste haulers, processors, recyclers, charities, and local governments within the state in the development and implementation of their plans.
[ 2006 c 183 s 3. Formerly RCW 70.95N.030.]

catchline: Manufacturer participation.


title: RCW 70A.500.040

text:
(1) By January 1, 2007, and annually thereafter, each manufacturer must register with the department.
(2) A manufacturer must submit to the department with each registration or annual renewal a fee to cover the administrative costs of this chapter as determined by the department under RCW 70A.500.230.
(3) The department shall review the registration or renewal application and notify the manufacturer if their registration does not meet the requirements of this section. Within thirty days of receipt of such a notification from the department, the manufacturer must file with the department a revised registration addressing the requirements noted by the department.
(4) The registration must include the following information:
(a) The name and contact information of the manufacturer submitting the registration;
(b) The manufacturer's brand names of covered electronic products, including all brand names sold in the state in the past, all brand names currently being sold in the state, and all brand names for which the manufacturer has legal responsibility under RCW 70A.500.100;
(c) The method or methods of sale used in the state; and
(d) Whether the registrant will be participating in the standard plan or submitting an independent plan to the department for approval.
(5) The registrant shall submit any changes to the information provided in the registration to the department within fourteen days of such change.
(6) The department shall identify, using all reasonable means, manufacturers that are in business or that are no longer in business but that have a successor in interest by examining best available return share data, product advertisements, and other pertinent data. The department shall notify manufacturers that have been identified and for whom an address has been found of the requirements of this chapter, including registration and plan requirements under this section and RCW 70A.500.050.
[ 2020 c 20 s 1248; 2013 c 305 s 2; 2006 c 183 s 4. Formerly RCW 70.95N.040.]
Notes:
Effective date—2013 c 305: See note following RCW 70A.500.020.

catchline: Manufacturer registration.


title: RCW 70A.500.050

text:
(1) A manufacturer must participate in the standard plan administered by the authority, unless the manufacturer obtains department approval for an independent plan for the collection, transportation, and recycling of unwanted electronic products.
(2) An independent plan may be submitted by an individual manufacturer or by a group of manufacturers, provided that:
(a) For program years 2009 through 2015, each independent plan represents at least a five percent return share of covered electronic products. For program year 2016 and all subsequent program years, each independent plan represents at least a five percent market share of covered electronic products; and
(b) No manufacturer may participate in an independent plan if it is a new entrant or a white box manufacturer.
(3) An individual manufacturer submitting an independent plan to the department is responsible for collecting, transporting, and recycling its equivalent share of covered electronic products.
(4)(a) Manufacturers collectively submitting an independent plan are responsible for collecting, transporting, and recycling the sum of the equivalent shares of each participating manufacturer.
(b) Each group of manufacturers submitting an independent plan must designate a party authorized to file the plan with the department on their behalf. A letter of certification from each of the manufacturers designating the authorized party must be submitted to the department together with the plan.
(5) Each manufacturer in the standard plan or in an independent plan retains responsibility and liability under this chapter in the event that the plan fails to meet the manufacturer's obligations under this chapter.
[ 2013 c 305 s 3; 2006 c 183 s 5. Formerly RCW 70.95N.050.]
Notes:
Effective date—2013 c 305: See note following RCW 70A.500.020.

catchline: Independent plan requirements.


title: RCW 70A.500.060

text:
(1) All initial independent plans and the initial standard plan required under RCW 70A.500.050 must be submitted to the department by February 1, 2008. The department shall review each independent plan and the standard plan.
(2) The authority submitting the standard plan and each authorized party submitting an independent plan to the department must pay a fee to the department to cover the costs of administering and implementing this chapter. The department shall set the fees as described under RCW 70A.500.230.
(3) The fees in subsection (2) of this section apply to the initial plan submission and plan updates and revisions required in RCW 70A.500.070.
(4) Within ninety days after receipt of a plan, the department shall determine whether the plan complies with this chapter. If the plan is approved, the department shall send a letter of approval. If a plan is rejected, the department shall provide the reasons for rejecting the plan to the authority or authorized party. The authority or authorized party must submit a new plan within sixty days after receipt of the letter of disapproval.
(5) An independent plan and the standard plan must contain the following elements:
(a) Contact information for the authority or authorized party and a comprehensive list of all manufacturers participating in the plan and their contact information;
(b) A description of the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:
(i) Seek to use businesses within the state, including retailers, charities, processors, and collection and transportation services;
(ii) Fairly compensate collectors for providing collection services; and
(iii) Fairly compensate processors for providing processing services;
(c) The method or methods for the reasonably convenient collection of all product types of covered electronic products in rural and urban areas throughout the state, including how the plan will provide for collection services in each county of the state and for a minimum of one collection site or alternate collection service for each city or town with a population greater than ten thousand. A collection site for a county may be the same as a collection site for a city or town in the county;
(d) A description of how the plan will provide service to small businesses, small governments, charities, and school districts in Washington;
(e) The processes and methods used to recycle covered electronic products including a description of the processing that will be used and the facility location;
(f) Documentation of audits of each processor used in the plan and compliance with processing standards established under RCW 70A.500.250;
(g) A description of the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share;
(h) A timeline describing start-up, implementation, and progress towards milestones with anticipated results;
(i) A public information campaign to inform consumers about how to recycle their covered electronic products at the end of the product's life; and
(j) A description of how manufacturers participating in the plan will communicate and work with processors utilized by that plan to promote and encourage design of electronic products and their components for recycling.
(6) The standard plan shall address how it will incorporate and fairly compensate registered collectors providing curbside or premium services such that they are not compensated at a lower rate for collection costs than the compensation offered other collectors providing drop-off collection sites in that geographic area.
(7) All transporters, collectors, and processors used to fulfill the requirements of this section must be registered as described in RCW 70A.500.240.
[ 2020 c 20 s 1249; 2006 c 183 s 6. Formerly RCW 70.95N.060.]

catchline: Standard, independent plan requirements—Fees to be set by the department—Acceptance or rejection by department.


title: RCW 70A.500.070

text:
(1) An independent plan and the standard plan must be updated at least every five years and as required in (a) and (b) of this subsection.
(a) If the program fails to provide service in each county in the state or meet other plan requirements, the authority or authorized party shall submit to the department within sixty days of failing to provide service an updated plan addressing how the program will be adjusted to meet the program geographic coverage and collection service requirements established in RCW 70A.500.090.
(b) The authority or authorized party shall notify the department of any modification to the plan. If the department determines that the authority or authorized party has significantly modified the program described in the plan, the authority or authorized party shall submit a revised plan describing the changes to the department within sixty days of notification by the department.
(2) Within sixty days after receipt of a revised plan, the department shall determine whether the revised plan complies with this chapter. If the revised plan is approved, the department shall send a letter of approval. If the revised plan is rejected, the department shall provide the reasons for rejecting the plan to the authority or authorized party. The authority or authorized party must submit a new plan revision within sixty days after receipt of the letter of disapproval.
(3) The authority or authorized parties may buy and sell collected covered electronic products with other programs without submitting a plan revision for review.
[ 2020 c 20 s 1250; 2006 c 183 s 7. Formerly RCW 70.95N.070.]

catchline: Plan updates—Revised plan.


title: RCW 70A.500.080

text:
(1) A manufacturer participating in an independent plan may join the standard plan by notifying the authority and the department of its intention at least five months prior to the start of the next program year.
(2) Manufacturers may not change from one plan to another plan during a program year.
(3) A manufacturer participating in the standard plan wishing to implement or participate in an independent plan may do so by complying with rules adopted by the department under RCW 70A.500.230.
[ 2020 c 20 s 1251; 2006 c 183 s 8. Formerly RCW 70.95N.080.]

catchline: Independent plan participants changing to standard plan.


title: RCW 70A.500.090

text:
(1) A program must provide collection services for covered electronic products of all product types and produced by any manufacturer that are reasonably convenient and available to all citizens of the state residing within its geographic boundaries, including both rural and urban areas. Each program must provide collection service in every county of the state. A program may provide collection services jointly with another plan or plans.
(a) For any city or town with a population of greater than ten thousand, each program shall provide a minimum of one collection site or alternate collection service described in subsection (3) of this section or a combination of sites and alternate service that together provide at least one collection opportunity for all product types. A collection site for a county may be the same as a collection site for a city or town in the county.
(b) Collection sites may include electronics recyclers and repair shops, recyclers of other commodities, reuse organizations, charities, retailers, government recycling sites, or other suitable locations.
(c) Collection sites must be staffed, open to the public at a frequency adequate to meet the needs of the area being served, and on an ongoing basis.
(2) A program may limit the number of covered electronic products or covered electronic products by product type accepted per customer per day or per delivery at a collection site or service. All covered entities may use a collection site as long as the covered entities adhere to any restrictions established in the plans.
(3) A program may provide collection services in forms different than collection sites, such as curbside services, if those alternate services provide equal or better convenience to citizens and equal or increased recovery of unwanted covered electronic products.
(4) For rural areas without commercial centers or areas with widely dispersed population, a program may provide collection at the nearest commercial centers or solid waste sites, collection events, mail-back systems, or a combination of these options.
(5) For small businesses, small governments, charities, and school districts that may have large quantities of covered electronic products that cannot be handled at collection sites or curbside services, a program may provide alternate services. At a minimum, a program must provide for processing of these large quantities of covered electronic products at no charge to the small businesses, small governments, charities, and school districts.
[ 2013 c 305 s 4; 2006 c 183 s 9. Formerly RCW 70.95N.090.]
Notes:
Effective date—2013 c 305: See note following RCW 70A.500.020.

catchline: Collection services.


title: RCW 70A.500.100

text:
Any person acquiring a manufacturer, or who has acquired a manufacturer, shall have all responsibility for the acquired company's covered electronic products, including covered electronic products manufactured prior to July 1, 2006, unless that responsibility remains with another entity per the purchase agreement and the acquiring manufacturer provides the department with a letter from the other entity accepting responsibility for the covered electronic products. Cobranding manufacturers may negotiate with retailers for responsibility for those products and must notify the department of the results of their negotiations.
[ 2006 c 183 s 10. Formerly RCW 70.95N.100.]

catchline: Successor duties.


title: RCW 70A.500.110

text:
(1) For program years 2009 through 2014, an independent plan and the standard plan must implement and finance an auditable, statistically significant sampling of covered electronic products entering its program every program year. The information collected must include a list of the brand names of covered electronic products by product type, the number of covered electronic products by product type, the weight of covered electronic products that are identified for each brand name or that lack a manufacturer's brand, the total weight of the sample by product type, and any additional information needed to assign return share.
(2) For program years 2009 through 2014, the sampling must be conducted in the presence of the department or a third-party organization approved by the department. The department may, at its discretion, audit the methodology and the results.
(3) After the fifth program year through the 2014 program year, the department may reassess the sampling required in this section. The department may adjust the frequency at which manufacturers must implement the sampling or may adjust the frequency at which manufacturers must provide certain information from the sampling. Prior to making any changes, the department shall notify the public, including all registered manufacturers, and provide a comment period. The department shall notify all registered manufacturers of any such changes.
[ 2013 c 305 s 5; 2006 c 183 s 11. Formerly RCW 70.95N.110.]
Notes:
Effective date—2013 c 305: See note following RCW 70A.500.020.

catchline: Covered electronic sampling.