title: RCW 70A.410.020

text:
(1) After July 1, 1994, a person may not sell or distribute for sale a laundry detergent that contains 0.5 percent or more phosphorus by weight.
(2)(a) After July 1, 1994, and until the dates specified in this subsection, a person may not sell or distribute for sale a dishwashing detergent that contains 8.7 percent or more phosphorus by weight.
(b) Beginning July 1, 2008, in counties located east of the crest of the Cascade mountains with populations greater than four hundred thousand, as determined by office of financial management population estimates, a person may not sell or distribute for sale a dishwashing detergent that contains 0.5 percent or more phosphorus by weight.
(c) From July 1, 2008, to June 30, 2010, in counties located west of the crest of the Cascade mountains with populations greater than one hundred eighty thousand and less than two hundred twenty thousand, as determined by office of financial management population estimates, a person may not sell or distribute for sale a dishwashing detergent that contains 0.5 percent or more phosphorus by weight except in a single-use package containing no more than 2.0 grams of phosphorus.
(d) Beginning July 1, 2010, a person may not sell or distribute for sale a dishwashing detergent that contains 0.5 percent or more phosphorus by weight in the state.
(e) For purposes of this section, "single-use package" means a tablet or other form of dishwashing detergent that is constituted and intended for use in a single washing.
(3) This section does not apply to the sale or distribution of detergents for commercial and industrial uses.
[ 2008 c 193 s 1; 2006 c 223 s 2; 1993 c 118 s 3. Formerly RCW 70.95L.020.]

catchline: Phosphorus content regulated.


doc_type: statute

jurisdiction: wa

title: RCW 70A.410.030

text:
The department is responsible for notifying major distributors and wholesalers of the statewide limit on phosphorus in detergents.
[ 1993 c 118 s 4. Formerly RCW 70.95L.030.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Notice to distributors and wholesalers.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.410.040

text:
The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the provisions of RCW 70A.410.020.
[ 2020 c 20 s 1244; 1993 c 118 s 5. Formerly RCW 70.95L.040.]

catchline: Injunction.


title: RCW 70A.415.010

text:
Unless the context clearly indicates otherwise, the definitions in this section shall apply throughout this chapter.
(1) "Agency" means any state agency or local government entity.
(2) "Hazardous household substances" means those substances identified by the department as hazardous household substances in the guidelines developed by the department.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department.
(5) "Hazardous substances" or "hazardous materials" means those substances or materials identified as such under regulations adopted pursuant to the federal hazardous materials transportation act, the toxic substances control act, the resource recovery and conservation act, the comprehensive environmental response compensation and liability act, the federal insecticide, fungicide, and rodenticide act, the occupational safety and health act hazardous communications standards, and the state hazardous waste [management] act.
(6) "Moderate risk waste" means any waste that exhibits any of the properties of dangerous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation and any household wastes that are generated from the disposal of substances identified by the department as hazardous household substances.
[ 1985 c 410 s 2. Formerly RCW 70.102.010.]

catchline: Definitions.


title: RCW 70A.415.020

text:
There is hereby created the hazardous substance information and education office. Through this office the department shall:
(1) Facilitate access to existing information on hazardous substances within a community;
(2) Request and obtain information about hazardous substances at specified locations and facilities from agencies that regulate those locations and facilities. The department shall review, approve, and provide confidentiality as provided by statute. Upon request of the department, each agency shall provide the information within forty-five days;
(3) At the request of citizens or public health or public safety organizations, compile existing information about hazardous substance use at specified locations and facilities. This information shall include but not be limited to:
(a) Point and nonpoint air and water emissions;
(b) Extremely hazardous, moderate risk wastes and dangerous wastes as defined in chapter 70A.300 RCW produced, used, stored, transported from, or disposed of by any facility;
(c) A list of the hazardous substances present at a given site and data on their acute and chronic health and environmental effects;
(d) Data on governmental pesticide use at a given site;
(e) Data on commercial pesticide use at a given site if such data is only given to individuals who are chemically sensitive; and
(f) Compliance history of any facility.
(4) Provide education to the public on the proper production, use, storage, and disposal of hazardous substances, including but not limited to:
(a) A technical resource center on hazardous substance management for industry and the public;
(b) Programs, in cooperation with local government, to educate generators of moderate risk waste, and provide information regarding the potential hazards to human health and the environment resulting from improper use and disposal of the waste and proper methods of handling, reducing, recycling, and disposing of the waste;
(c) Public information and education relating to the safe handling and disposal of hazardous household substances; and
(d) Guidelines to aid counties in developing and implementing a hazardous household substances program.
Requests for information from the hazardous substance information and education office may be made by letter or by a toll-free telephone line, if one is established by the department. Requests shall be responded to in accordance with chapter 42.56 RCW.
This section shall not require any agency to compile information that is not required by existing laws or rules.
[ 2020 c 20 s 1271; 2005 c 274 s 339; 1985 c 410 s 1. Formerly RCW 70.102.020.]
Notes:
Worker and community right to know fund, use to provide hazardous substance information under chapter 70A.415 RCW: RCW 49.70.175.

catchline: Hazardous substance information and education office—Duties.


title: RCW 70A.420.010

text:
(1) The legislature finds that lead hazards associated with lead-based paint represent a significant and preventable environmental health problem. Lead-based paint is the most widespread of the various sources of lead exposure to the public. Census data show that 1,560,000 homes in Washington state were built prior to 1978 when the sale of residential lead-based paint was banned. These are homes that are believed to contain some lead-based paint.
Lead negatively affects every system of the body. It is harmful to individuals of all ages and is especially harmful to children, fetuses, and adults of childbearing age. The effects of lead on a child's cognitive, behavioral, and developmental abilities may necessitate large expenditures of public funds for health care and special education. The irreversible damage to children and subsequent expenditures could be avoided if exposure to lead is reduced.
(2) The federal government regulates lead poisoning and lead hazard reduction through:
(a)(i) The lead-based paint poisoning prevention act;
(ii) The lead contamination control act;
(iii) The safe drinking water act;
(iv) The resource conservation and recovery act of 1976; and
(v) The residential lead-based paint hazard reduction act of 1992; and
(b) Implementing regulations of:
(i) The environmental protection agency;
(ii) The department of housing and urban development;
(iii) The occupational safety and health administration; and
(iv) The centers for disease control and prevention.
(3) In 1992, congress passed the federal residential lead-based paint hazard reduction act, which allows states to provide for the accreditation of lead-based paint activities programs, the certification of persons completing such training programs, and the licensing of lead-based paint activities contractors under standards developed by the United States environmental protection agency.
(4) The legislature recognizes the state's need to protect the public from exposure to lead hazards. A qualified and properly trained workforce is needed to assist in the prevention, detection, reduction, and elimination of hazards associated with lead-based paint. The purpose of training workers, supervisors, inspectors, risk assessors, project designers, renovators, and dust sampling technicians engaged in lead-based paint activities is to protect building occupants, particularly children under the age of six years from potential lead-based paint hazards and exposures both during and after lead-based paint activities. Qualified and properly trained individuals and firms will help to ensure lead-based paint activities are conducted in a way that protects the health of the citizens of Washington state and safeguards the environment.
(5) The state lead-based paint activities program requires that all lead-based paint activities be performed by certified personnel trained by an accredited program, and that all lead-based paint activities meet minimum work practice standards established by the department of commerce. Therefore, the lead-based paint activities accreditation, training, and certification program shall be established in accordance with this chapter. The lead-based paint activities accreditation, training, and certification program shall be administered by the department of commerce and shall be used as a means to assure the protection of the general public from exposure to lead hazards.
(6) For the welfare of the people of the state of Washington, this chapter establishes a lead-based paint activities program within the department of commerce to protect the general public from exposure to lead hazards and to ensure the availability of a trained and qualified workforce to identify and address lead-based paint hazards.
[ 2025 c 180 s 1; 2010 c 158 s 1; 2003 c 322 s 1. Formerly RCW 70.103.010.]

catchline: Finding.


title: RCW 70A.420.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards.
(a) Abatement includes, but is not limited to:
(i) The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in such paint, dust, or soil; and
(ii) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.
(b) Specifically, abatement includes, but is not limited to:
(i) Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:
(A) Shall result in the permanent elimination of lead-based paint hazards; or
(B) Are designed to permanently eliminate lead-based paint hazards and are described in (a)(i) and (ii) of this subsection;
(ii) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by certified firms or individuals, unless such projects are covered by (c) of this subsection;
(iii) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless such projects are covered by (c) of this subsection; or
(iv) Projects resulting in the permanent elimination of lead-based paint hazards, that are conducted in response to state or local abatement orders.
(c) Abatement does not include renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.
(2) "Accredited training program" means a training program that has been accredited by the department to provide training for individuals engaged in either lead-based paint activities or renovation activities, or both.
(3) "Certified abatement supervisor" means an individual who has been trained by an accredited training program for abatement supervisors, meets all the qualifications established by the department, and is certified by the department to supervise and conduct abatements, and to prepare occupant protection plans and abatement reports.
(4) "Certified abatement worker" means an individual who has been trained by an accredited training program, meets all the qualifications established by the department, and is certified by the department to perform abatements.
(5) "Certified dust sampling technician" means an individual who has been trained by an accredited training program for dust sampling technicians, meets all the qualifications established by the department, and is certified by the department to conduct dust sampling for renovation projects.
(6) "Certified firm" includes a company, partnership, corporation, sole proprietorship, association, agency, or other business entity that meets all the qualifications established by the department and performs lead-based paint activities or renovation activities to which the department has issued a certificate.
(7) "Certified inspector" means an individual who has been trained by an accredited training program for lead-based paint inspectors, meets all the qualifications established by the department, and is certified by the department to conduct inspections.
(8) "Certified project designer" means an individual who has been trained by an accredited training program, meets all the qualifications established by the department, and is certified by the department to prepare abatement project designs, occupant protection plans, and abatement reports.
(9) "Certified renovator" means an individual who has been trained by an accredited training program for renovators, meets all the qualifications established by the department, and is certified by the department to perform renovations or direct workers in the performance of renovation work.
(10) "Certified risk assessor" means an individual who has been trained by an accredited training program for lead-based paint risk assessors, meets all the qualifications established by the department, and is certified by the department to conduct risk assessments and sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.
(11) "Department" means the Washington state department of commerce.
(12) "Director" means the director of the Washington state department of commerce.
(13) "Federal laws and rules" means:
(a) Title IV, toxic substances control act (15 U.S.C. Sec. 2681 et seq.) and the rules adopted by the United States environmental protection agency under that law for authorization of state programs;
(b) Any regulations or requirements adopted by the United States department of housing and urban development regarding eligibility for grants to states and local governments; and
(c) Any other requirements adopted by a federal agency with jurisdiction over lead-based paint hazards.
(14) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter, 0.5 percent by weight, or 5,000 parts per million.
(15) "Lead-based paint activity" includes inspection, testing, risk assessment, lead-based paint hazard reduction project design or planning, abatement, or clearance of lead-based paint hazards.
(16) "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the administrator of the United States environmental protection agency under the toxic substances control act, section 403.
(17) "Person" includes an individual, corporation, firm, partnership, or association, an Indian tribe, state, or political subdivision of a state, and a state department or agency.
(18)(a) "Renovation" means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined in this section. The term includes but is not limited to:
(i) The removal, modification, or repair of painted surfaces or painted components;
(ii) Modification of painted doors;
(iii) Surface restoration;
(iv) Window repair including, but not limited to, glazing;
(v) Surface preparation, such as sanding, scraping, pressure washing, or activities that generates paint chips or dust;
(vi) Removal of building components, such as walls, windows, or other like structures;
(vii) Weatherization projects, such as cutting holes in painted surfaces to install blown-in insulation;
(viii) Interim controls that disturb painted surfaces; or
(ix) A renovation performed for the purposes of converting a building or part of a building in target housing or a child-occupied facility.
(b) The term "renovation" as defined in this subsection does not include minor repair and maintenance activities.
(19) "Risk assessment" means:
(a) An on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards; and
(b) The provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.
(20) "State program" means a state administered lead-based paint activities or renovation activities certification and training program that meets the federal environmental protection agency requirements.
[ 2025 c 180 s 3; 2010 c 158 s 2; 2009 c 565 s 49; 2003 c 322 s 2. Formerly RCW 70.103.020.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2).


title: RCW 70A.420.040

text:
(1) The department shall administer and enforce a state program for training and certification, and training program accreditation, which must include those program elements necessary to assume responsibility for federal requirements for a program as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subparts D (2001), E (1998), L and Q (1996), and Title X of the housing and community development act of 1992 (P.L. 102-550). The department may delegate or enter into an agreement with other state agencies, local governments, or private entities for implementation of components of the state program.
(2) The department shall establish a program for certification of persons involved in lead-based paint activities and renovation activities.
(3) The department shall establish a program for accreditation of training providers in compliance with federal and state laws and rules.
(4) Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for lead-based paint activities and renovator activities for training providers;
(b) Establish work practice standards for conduct of lead-based paint activities and renovator activities;
(c) Establish certification requirements for individuals and firms engaged in lead-based paint activities and renovator activities including provisions for recognizing certifications accomplished under existing certification programs;
(d) Require the use of certified personnel in any lead-based paint hazard reduction activity or renovation activity;
(e) Be revised as necessary to comply with federal law and rules and to maintain eligibility for federal funding;
(f) Be revised as necessary to comply with state law and rules;
(g) Facilitate reciprocity and communication with other states having a lead-based paint certification program;
(h) Provide for decertification, deaccreditation, and financial assurance for a person certified or accredited by the department; and
(i) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.
(5) This program must be at least as protective as federal requirements as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745 (1996), Subparts L and Q, and Title X of the housing and community development act of 1992 (P.L. 102-550).
(6) Any rules adopted by the department shall be consistent with, or be more protective than, federal laws, regulations, and requirements relating to lead-based paint activities and renovation activities specified by the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.) and Title X of the housing and community development act of 1992 (P.L. 102-550), and rules adopted pursuant to chapter 70A.305 RCW, to ensure consistency in regulatory action. The rules must be at least as protective as federal and state regulations.
(7) The department may accept federal funds for the administration of the program.
(8) For the purposes of certification under the federal requirements as set forth in section 2682 of the toxic substances control act (15 U.S.C. Sec. 2682), the department may require renovators and dust sampling technicians to apply for a certification badge issued by the department. The department may impose a fee on the applicant for processing the application. The application shall include a photograph of the applicant and a fee in the amount imposed by the department.
(9) The department shall prescribe and adopt by rule fees sufficient to cover the implementation of this chapter.
[ 2025 c 180 s 4; 2020 c 20 s 1273; 2010 c 158 s 4; 2003 c 322 s 4. Formerly RCW 70.103.040.]

catchline: Certification and accreditation—Rules.


title: RCW 70A.420.050

text:
The department shall adopt rules to:
(1) Establish procedures and requirements for the accreditation of lead-based paint activities and renovation activities training programs including, but not limited to, the following:
(a) Training curriculum;
(b) Training hours;
(c) Hands-on training;
(d) Trainee competency and proficiency;
(e) Training program quality control;
(f) Procedures for the reaccreditation of training programs;
(g) Procedures for the oversight of training programs; and
(h) Procedures for the suspension, revocation, or modification of training program accreditations, or acceptance of training offered by an accredited training provider in another state or Indian tribe authorized by the environmental protection agency;
(2) Establish procedures for the purposes of certification, for the acceptance of training offered by an accredited training provider in a state or Indian tribe authorized by the environmental protection agency;
(3) Certify individuals and firms involved in lead-based paint activities and renovation activities to ensure that certified:
(a) Individuals are trained by an accredited training program and possess appropriate educational or experience qualifications for certification; and
(b) Firms meet the qualification requirements to offer work in the state and have at least one certified individual employed with the firm;
(4) Establish requirements for the administration of third-party certification exams for lead-based paint activities;
(5) Establish procedures for recertification;
(6) Establish work practices required for lead-based paint activities and renovation activities;
(7) Use laboratories accredited under the environmental protection agency's national lead laboratory accreditation program;
(8) Establish procedures for the suspension, revocation, or modification of certifications and accreditations;
(9) Establish an enforcement response policy that shall include:
(a) Warning letters, notices of noncompliance, notices of violation, or the equivalent;
(b) Administrative or civil actions, including penalty authority, including accreditation or certification suspension, revocation, or modification; and
(c) Authority to refer for possible imposition of criminal sanctions or exercise of other criminal or civil authority using existing state laws as applicable;
(10) Prepare and submit a biennial report to the legislature regarding the program's status, its costs, and the number of persons certified by the program;
(11) In accordance with chapter 34.05 RCW, carry out the provisions of this chapter and establish an appeals process for violations of this chapter.
[ 2025 c 180 s 5; 2020 c 20 s 1274; 2010 c 158 s 5; 2003 c 322 s 5. Formerly RCW 70.103.050.]

catchline: Rules—Report.


title: RCW 70A.420.060

text:
The lead paint account is created in the state treasury. All receipts from fees collected under this chapter must be deposited into the account. All receipts from penalties and fines collected pursuant to enforcement actions or settlements under this chapter, including any fees or costs, must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter.
[ 2025 c 180 s 8; 2020 c 20 s 1275; 2003 c 322 s 6. Formerly RCW 70.103.060.]

catchline: Lead paint account.


title: RCW 70A.420.070

text:
(1)(a) The director or the director's designee is authorized to inspect at reasonable times:
(i) Premises or facilities where those engaged in training for lead-based paint activities and renovation activities conduct business; and
(ii) The business records of, and take samples at, the businesses accredited, certified, or subject to regulation under this chapter to conduct lead-based paint training, lead-based paint activities, or renovation activities.
(b) Any accredited training program or any firm or individual certified under this chapter that denies access to the department for the purposes of (a) of this subsection is subject to deaccreditation or decertification under RCW 70A.420.040 and other enforcement actions.
(2) The director or the director's designee is authorized to inspect premises or facilities, with the consent of the owner or owner's agent, where violations may occur concerning lead-based paint activities or renovation activities, as defined under RCW 70A.420.020, at reasonable times, when feasible.
[ 2025 c 180 s 6; 2020 c 20 s 1276; 2003 c 322 s 7. Formerly RCW 70.103.070.]

catchline: Inspections.


title: RCW 70A.420.080

text:
(1) The department is designated as the official agency of this state for purposes of cooperating with, and implementing the state lead-based paint activities program and renovation, repair, and painting program under the jurisdiction of the United States environmental protection agency.
(2) No individual or firm can perform, offer, or claim to perform lead-based paint activities or renovation activities without certification from the department to conduct these activities.
(3) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this chapter or any rule adopted under this chapter. No person whose certificate is revoked under this chapter shall be eligible to apply for a certificate for one year from the effective date of the final order of revocation. A certificate may be denied, suspended, or revoked on any of the following grounds:
(a) A risk assessor, inspector, contractor, project designer, worker, dust sampling technician, or renovator violates work practice standards established by the United States environmental protection agency or the United States department of housing and urban development governing work practices and procedures;
(b) The certificate was obtained by error, misrepresentation, or fraud; or
(c) Failure to maintain the required qualifications of the certificate for the duration of the certification.
(4) Any person found to commit fraud, such as falsifying documents, or intentionally violating any of the provisions of this chapter, may be convicted of a misdemeanor. A conviction is an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this chapter, regardless of whether imposition of sentence is deferred or the penalty is suspended, and shall be treated as a violation conviction for purposes of certification forfeiture under this chapter. Violations of this chapter include:
(a) Failure to comply with any requirement of this chapter;
(b) Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required;
(c) Obtaining certification through fraud or misrepresentation;
(d) Failure to obtain certification from the department and performing work requiring certification at a jobsite; or
(e) Fraudulently obtaining certification and engaging in any lead-based paint activities or renovation activities requiring certification.
(5) The department may not issue a penalty if the environmental protection agency has already taken enforcement action for the same violation.
[ 2025 c 180 s 7; 2010 c 158 s 6; 2003 c 322 s 8. Formerly RCW 70.103.080.]

catchline: Certification required to perform lead-based paint activities—Renovation activities—Certificate revocation—Penalties.


title: RCW 70A.420.090

text:
(1) The United States environmental protection agency authorized the department of commerce to administer programs under 40 C.F.R. 745, subpart Q as codified under chapter 322, Laws of 2003 (lead-based paint) and chapter 158, Laws of 2010 (state lead-based paint program – renovation activities).
(2) The department's duties under chapter 322, Laws of 2003, and chapter 158, Laws of 2010, as amended, are subject to the availability of sufficient funding for this purpose. The director or his or her designee shall seek funding of the department's efforts under this chapter from the federal government. By October 15th of each year, the director shall determine if sufficient funding has been provided. If the director determines sufficient funding has not been provided and the department cannot sustain the program with program funds, the department may:
(a) Cease efforts under this chapter due to insufficient funds; and
(b) Inform the code reviser that it has ceased its efforts due to insufficient funds.
[ 2025 c 180 s 9; 2010 c 158 s 7; 2003 c 322 s 9. Formerly RCW 70.103.090.]

catchline: Chapter contingent on federal action.


title: RCW 70A.420.100

text:
The department shall administer and enforce a state program for training and certification, and accreditation as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subparts D (2001), E (1998), L and Q (1996), and Title X of the housing and community development act of 1992 (P.L. 102-550). This program, as established in chapter 158, Laws of 2010 (state lead-based paint program—renovation activities) shall be known as the state renovation, repair, and painting program. The state renovation, repair, and painting program requires that all renovation activities on pre-1978 residential or child-occupied facilities must be performed by certified renovation firms utilizing certified renovators or individuals trained by certified renovators and that renovation activities are directed by certified renovators. All renovation activities must meet minimum work practice standards established by the department. The department shall establish rules under this program as described in RCW 70A.420.040.
[ 2025 c 180 s 2.]

catchline: State renovation, repair, and painting program.


title: RCW 70A.425.010

text:
The purpose of this chapter is to provide for special packaging to protect children from personal injury, serious illness or death resulting from handling, using or ingesting household substances, and to provide penalties.
[ 1974 ex.s. c 49 s 1. Formerly RCW 70.106.010.]

catchline: Purpose.


title: RCW 70A.425.020

text:
This chapter shall be cited as the Washington Poison Prevention Act of 1974.
[ 1974 ex.s. c 49 s 2. Formerly RCW 70.106.020.]

catchline: Short title.


title: RCW 70A.425.030

text:
The definitions in RCW 70A.425.040 through 70A.425.090 unless the context otherwise requires shall govern the construction of this chapter.
[ 2020 c 20 s 1322; 1974 ex.s. c 49 s 3. Formerly RCW 70.106.030.]

catchline: Definitions—Construction.


title: RCW 70A.425.040

text:
"Director" means the director of the department of agriculture of the state of Washington, or his or her duly authorized representative.
[ 2012 c 117 s 418; 1974 ex.s. c 49 s 4. Formerly RCW 70.106.040.]

catchline: "Director" defined.


title: RCW 70A.425.050

text:
"Sale" means to sell, offer for sale, hold for sale, handle or use as an inducement in the promotion of a household substance or the sale of another article or product.
[ 1974 ex.s. c 49 s 5. Formerly RCW 70.106.050.]

catchline: "Sale" defined.


title: RCW 70A.425.060

text:
"Household substance" means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is:
(1) A "hazardous substance", which means (a) any substance or mixture of substances or product which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children; (b) any substances which the director by regulation finds to meet the requirements of subsection (1)(a) of this section; (c) any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the director determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health, safety or welfare; and (d) any toy or other article intended for use by children which the director by regulation determines presents an electrical, mechanical or thermal hazard.
(2) A pesticide as defined in the Washington Pesticide Control Act, chapter 15.58 RCW as now or hereafter amended;
(3) A food, drug, or cosmetic as those terms are defined in the Uniform Washington Food, Drug and Cosmetic Act, chapter 69.04 RCW as now or hereafter amended; or
(4) A substance intended for use as fuel when stored in portable containers and used in the heating, cooking, or refrigeration system of a house; or
(5) Any other substance which the director may declare to be a household substance subsequent to a hearing as provided for under the provisions of chapter 34.05 RCW, Administrative Procedure Act, for the adoption of rules.
[ 1974 ex.s. c 49 s 6. Formerly RCW 70.106.060.]

catchline: "Household substance" defined.


title: RCW 70A.425.070

text:
"Package" means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of RCW 70A.425.110(1)(b), also means any outer container or wrapping used in the retail display of any such substance to consumers. Such term does not include:
(1) Any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; or
(2) Any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping.
[ 2020 c 20 s 1323; 1974 ex.s. c 49 s 7. Formerly RCW 70.106.070.]

catchline: "Package" defined.


title: RCW 70A.425.080

text:
"Special packaging" means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.
[ 1974 ex.s. c 49 s 8. Formerly RCW 70.106.080.]

catchline: "Special packaging" defined.


title: RCW 70A.425.090

text:
"Labeling" means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying such substance.
[ 1974 ex.s. c 49 s 9. Formerly RCW 70.106.090.]

catchline: "Labeling" defined.


title: RCW 70A.425.100

text:
(1) The director may establish in accordance with the provisions of this chapter, by regulation, standards for the special packaging of any household substance if he or she finds that:
(a) The degree or nature of the hazard to children in the availability of such substance, by reason of its packaging is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substance; and
(b) The special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance.
(2) In establishing a standard under this section, the director shall consider:
(a) The reasonableness of such standard;
(b) Available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances;
(c) The manufacturing practices of industries affected by this chapter; and
(d) The nature and use of the household substance.
(3) In carrying out the provisions of this chapter, the director shall publish his or her findings, his or her reasons therefor, and citation of the sections of statutes which authorize his or her action.
(4) Nothing in this chapter authorizes the director to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in RCW 70A.425.110(1)(b), labeling. In the case of a household substance for which special packaging is required pursuant to a regulation under this section, the director may in such regulation prohibit the packaging of such substance in packages which he or she determines are unnecessarily attractive to children.
(5) The director shall cause the regulations promulgated under this chapter to conform with the requirements or exemptions of the federal hazardous substances act and with the regulations or interpretations promulgated pursuant thereto.
[ 2020 c 20 s 1324; 2012 c 117 s 419; 1974 ex.s. c 49 s 10. Formerly RCW 70.106.100.]

catchline: Standards for packaging.


title: RCW 70A.425.110

text:
(1) For the purpose of making any household substance which is subject to a standard established under RCW 70A.425.100 readily available to elderly persons or persons with disabilities unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in packaging of a single size which does not comply with such standard if:
(a) The manufacturer or packer also supplies such substance in packages which comply with such standard; and
(b) The packages of such substance which do not meet such standard bear conspicuous labeling stating: "This package for households without young children"; except that the director may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate such labeling.
(2) In the case of a household substance which is subject to such a standard and which is dispensed pursuant to an order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in such order or when requested by the purchaser.
(3) In the case of a household substance subject to such a standard which is packaged under subsection (1) of this section in a noncomplying package, if the director determines that such substance is not also being supplied by a manufacturer or packer in popular size packages which comply with such standard, he or she may, after giving the manufacturer or packer an opportunity to comply with the purposes of this chapter, by order require such substance to be packaged by such manufacturer or packer exclusively in special packaging complying with such standard if he or she finds, after opportunity for hearing, that such exclusive use of special packaging is necessary to accomplish the purposes of this chapter.
[ 2020 c 20 s 1325; 2012 c 117 s 420; 1974 ex.s. c 49 s 11. Formerly RCW 70.106.110.]

catchline: Exceptions from packaging standards.


title: RCW 70A.425.120

text:
One of the purposes of this chapter is to promote uniformity with the Poison Prevention Packaging Act of 1970 and rules and regulations adopted thereunder. In accordance with such declared purpose, all of the special packaging rules and regulations adopted under the Poison Prevention Packaging Act of 1970 (84 Stat. 1670; 7 U.S.C. Sec. 135; 15 U.S.C. Sec. 1261, 1471-1476; 21 U.S.C. Sec. 343, 352, 353, 362) on July 24, 1974, are hereby adopted as rules and regulations applicable to this chapter. In addition, any rule or regulation adopted hereafter under said Federal Poison Prevention Act of 1970 concerning special packaging and published in the federal register shall be deemed to have been adopted under the provisions of this chapter. The director may, however, within thirty days of the publication of the adoption of any such rule or regulation under the Federal Poison Prevention Packaging Act of 1970, give public notice that a hearing will be held to determine if such regulations shall not be applicable under the provisions of this chapter. Such hearing shall be conducted in accord with the provisions of chapter 34.05 RCW, Administrative Procedure Act, as now enacted or hereafter amended.
[ 1974 ex.s. c 49 s 12. Formerly RCW 70.106.120.]

catchline: Adoption of rules and regulations under federal poison prevention packaging act.


title: RCW 70A.425.130

text:
(1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted under this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation of the provisions of this chapter or rules adopted under this chapter is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 53 s 358; 1974 ex.s. c 49 s 16. Formerly RCW 70.106.140.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Penalties.


title: RCW 70A.425.140

text:
The authority to promulgate regulations for the efficient enforcement of this chapter is hereby vested in the director. However, the director shall designate the pharmacy quality assurance commission to carry out all the provisions of this chapter pertaining to drugs and cosmetics, with authority to promulgate regulations for the efficient enforcement thereof.
[ 2013 c 19 s 124; 1987 c 236 s 1. Formerly RCW 70.106.150.]

catchline: Authority to adopt regulations—Delegation of authority to pharmacy quality assurance commission.


title: RCW 70A.425.900

text:
The enactment of this 1974 act shall not have the effect of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on July 24, 1974.
[ 1974 ex.s. c 49 s 15. Formerly RCW 70.106.905.]

catchline: Saving—1974 ex.s. c 49.


title: RCW 70A.425.901

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1974 ex.s. c 49 s 17. Formerly RCW 70.106.910.]

catchline: Chapter cumulative and nonexclusive.


title: RCW 70A.430.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Additive TBBPA" means the chemical tetrabromobisphenol A, chemical abstracts service number 79-94-7, as of June 9, 2016, in a form that has not undergone a reactive process and is not covalently bonded to a polymer in a product or product component.
(2) "Children's cosmetics" means cosmetics that are made for, marketed for use by, or marketed to children under the age of twelve. "Children's cosmetics" includes cosmetics that meet any of the following conditions:
(a) Represented in its packaging, display, or advertising as appropriate for use by children;
(b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children; or
(c) Sold in any of the following:
(i) Retail store, catalogue, or online website, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or
(ii) A discrete portion of a retail store, catalogue, or online website, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(3) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children under the age of twelve. "Children's jewelry" includes jewelry that meets any of the following conditions:
(a) Represented in its packaging, display, or advertising as appropriate for use by children under the age of twelve;
(b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children;
(c) Sized for children and not intended for use by adults; or
(d) Sold in any of the following:
(i) A vending machine;
(ii) Retail store, catalogue, or online website, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or
(iii) A discrete portion of a retail store, catalogue, or online website, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(4)(a) "Children's product" includes any of the following:
(i) Toys;
(ii) Children's cosmetics;
(iii) Children's jewelry;
(iv) A product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, or to be worn as clothing by children; or
(v) Portable infant or child safety seat designed to attach to an automobile seat.
(b) "Children's product" does not include the following:
(i) Batteries;
(ii) Slings and catapults;
(iii) Sets of darts with metallic points;
(iv) Toy steam engines;
(v) Bicycles and tricycles;
(vi) Video toys that can be connected to a video screen and are operated at a nominal voltage exceeding twenty-four volts;
(vii) Chemistry sets;
(viii) Consumer and children's electronic products, including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals;
(ix) Interactive software, intended for leisure and entertainment, such as computer games, and their storage media, such as compact disks;
(x) BB guns, pellet guns, and air rifles;
(xi) Snow sporting equipment, including skis, poles, boots, snow boards, sleds, and bindings;
(xii) Sporting equipment, including, but not limited to bats, balls, gloves, sticks, pucks, and pads;
(xiii) Roller skates;
(xiv) Scooters;
(xv) Model rockets;
(xvi) Athletic shoes with cleats or spikes; and
(xvii) Pocketknives and multitools.
(5) "Cosmetics" includes articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and articles intended for use as a component of such an article. "Cosmetics" does not include soap, dietary supplements, or food and drugs approved by the United States food and drug administration.
(6) "Decabromodiphenyl ether" means the chemical decabromodiphenyl ether, chemical abstracts service number 1163-19-5, as of June 9, 2016.
(7) "Department" means the department of ecology.
(8) "HBCD" means the chemical hexabromocyclododecane, chemical abstracts service number 25637-99-4, as of June 9, 2016.
(9) "High priority chemical" means a chemical identified by a state agency, federal agency, or accredited research university, or other scientific evidence deemed authoritative by the department on the basis of credible scientific evidence as known to do one or more of the following:
(a) Harm the normal development of a fetus or child or cause other developmental toxicity;
(b) Cause cancer, genetic damage, or reproductive harm;
(c) Disrupt the endocrine system;
(d) Damage the nervous system, immune system, or organs or cause other systemic toxicity;
(e) Be persistent, bioaccumulative, and toxic; or
(f) Be very persistent and very bioaccumulative.
(10) "IPTPP" means the chemical isopropylated triphenyl phosphate, chemical abstracts service number 68937-41-7, as of June 9, 2016.
(11) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces residential upholstered furniture as defined in RCW 70A.405.010 or children's product or an importer or domestic distributor of residential upholstered furniture as defined in RCW 70A.405.010 or children's product. For the purposes of this subsection, "importer" means the owner of the residential upholstered furniture as defined in RCW 70A.405.010 or children's product.
(12) "Phthalates" means di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisonoyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).
(13) "TBB" means the chemical (2-ethylhexyl)-2,3,4,5-tetrabromobenzoate, chemical abstracts service number 183658-27-7, as of June 9, 2016.
(14) "TBPH" means the chemical bis (2-ethylhexyl)-2,3,4,5-tetrabromophthalate, chemical abstracts service number 26040-51-7, as of June 9, 2016.
(15) "TCEP" means the chemical (tris(2-chloroethyl)phosphate); chemical abstracts service number 115-96-8, as of June 9, 2016.
(16) "TCPP" means the chemical tris (1-chloro-2-propyl) phosphate); chemical abstracts service number 13674-84-5, as of June 9, 2016.
(17) "TDCPP" means the chemical (tris(1,3-dichloro-2- propyl)phosphate); chemical abstracts service number 13674-87-8, as of June 9, 2016.
(18) "Toy" means a product designed or intended by the manufacturer to be used by a child at play.
(19) "TPP" means the chemical triphenyl phosphate, chemical abstracts service number 115-86-6, as of June 9, 2016.
(20) "Trade association" means a membership organization of persons engaging in a similar or related line of commerce, organized to promote and improve business conditions in that line of commerce and not to engage in a regular business of a kind ordinarily carried on for profit.
(21) "V6" means the chemical bis(chloromethyl) propane-1,3-diyltetrakis (2-chloroethyl) bisphosphate, chemical abstracts service number 385051-10-4, as of June 9, 2016.
(22) "Very bioaccumulative" means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5.0.
(23) "Very persistent" means having a half-life greater than or equal to one of the following:
(a) A half-life in soil or sediment of greater than one hundred eighty days;
(b) A half-life greater than or equal to sixty days in water or evidence of long-range transport.
[ 2020 c 20 s 1405. Prior: 2016 c 176 s 1; 2008 c 288 s 2. Formerly RCW 70.240.010.]

catchline: Definitions.


title: RCW 70A.430.020

text:
(1) Beginning July 1, 2009, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state a children's product or product component containing the following:
(a) Except as provided in subsection (2) of this section, lead at more than .009 percent by weight (ninety parts per million);
(b) Cadmium at more than .004 percent by weight (forty parts per million); or
(c) Phthalates, individually or in combination, at more than 0.10 percent by weight (one thousand parts per million).
(2) If determined feasible for manufacturers to achieve and necessary to protect children's health, the department, in consultation with the department of health, may by rule require that no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state a children's product or product component containing lead at more than .004 percent by weight (forty parts per million).
[ 2008 c 288 s 3. Formerly RCW 70.240.020.]

catchline: Prohibition on the manufacturing and sale of children's products containing lead, cadmium, or phthalates.


title: RCW 70A.430.030

text:
Beginning July 1, 2017, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state children's products or residential upholstered furniture, as defined in RCW 70A.405.010, containing any of the following flame retardants in amounts greater than one thousand parts per million in any product component:
(1) TDCPP;
(2) TCEP;
(3) Decabromodiphenyl ether;
(4) HBCD; or
(5) Additive TBBPA.
[ 2020 c 20 s 1406; 2016 c 176 s 2. Formerly RCW 70.240.025.]

catchline: Prohibition on the manufacturing and sale of children's products and residential upholstered furniture containing certain flame retardants.


title: RCW 70A.430.040

text:
(1) By January 1, 2009, the department, in consultation with the department of health, shall identify high priority chemicals that are of high concern for children after considering a child's or developing fetus's potential for exposure to each chemical. In identifying the chemicals, the department shall include chemicals that meet one or more of the following criteria:
(a) The chemical has been found through biomonitoring studies that demonstrate the presence of the chemical in human umbilical cord blood, human breast milk, human urine, or other bodily tissues or fluids;
(b) The chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water, or elsewhere in the home environment; or
(c) The chemical has been added to or is present in a consumer product used or present in the home.
(2) By January 1, 2009, the department shall identify children's products or product categories that may contain chemicals identified under subsection (1) of this section.
(3) By January 1, 2009, the department shall submit a report on the chemicals of high concern to children and the children's products or product categories they identify to the appropriate standing committees of the legislature. The report shall include policy options for addressing children's products that contain chemicals of high concern for children, including recommendations for additional ways to inform consumers about toxic chemicals in products, such as labeling.
[ 2008 c 288 s 4. Formerly RCW 70.240.030.]

catchline: Identification of high priority chemicals—Report.


title: RCW 70A.430.050

text:
(1) The department shall consider whether the following flame retardants meet the criteria of a chemical of high concern for children:
(a) IPTPP;
(b) TBB;
(c) TBPH;
(d) TCPP;
(e) TPP;
(f) V6.
(2)(a) Within one year of the department adopting a rule that identifies a flame retardant in subsection (1) of this section as a chemical of high concern for children, the department of health, in consultation with the department, must create a stakeholder advisory committee for each flame retardant chemical to provide stakeholder input, expertise, and additional information in the development of recommendations as provided under subsection (4) of this section. All advisory committee meetings must be open to the public.
(b) The advisory committee membership must include, but is not limited to, representatives from: Large and small business sectors; community, environmental, and public health advocacy groups; local governments; affected and interested businesses; and public health agencies.
(c) The department may request state agencies and technical experts to participate. The department of health shall provide technical expertise on human health impacts including: Early childhood and fetal exposure, exposure reduction, and safer substitutes.
(3) When developing policy options and recommendations consistent with subsection (4) of this section, the department must rely on credible scientific evidence and consider information relevant to the hazards based on the quantitative extent of exposures to the chemical under its intended or reasonably anticipated conditions of use. The department of health, in consultation with the department, must include the following:
(a) Chemical name, properties, uses, and manufacturers;
(b) An analysis of available information on the production, unintentional production, uses, and disposal of the chemical;
(c) Quantitative estimates of the potential human and environmental exposures associated with the use and release of the chemical;
(d) An assessment of the potential impacts on human health and the environment resulting from the quantitative exposure estimates referred to in (c) of this subsection;
(e) An evaluation of:
(i) Environmental and human health benefits;
(ii) Economic and social impacts;
(iii) Feasibility;
(iv) Availability and effectiveness of safer substitutes for uses of the chemical;
(v) Consistency with existing federal and state regulatory requirements; and
(f) Recommendations for:
(i) Managing, reducing, and phasing out the different uses and releases of the chemical;
(ii) Minimizing exposure to the chemical;
(iii) Using safer substitutes; and
(iv) Encouraging the development of safer alternatives.
(4)(a) The department of health must submit to the legislature recommendations on policy options for reducing exposure, designating and developing safer substitutes, and restricting or prohibiting the use of the flame retardant chemicals identified in subsection (1) of this section as a chemical of high concern for children.
(b) When the department of health, in consultation with the department, determines that flame retardant chemicals identified in subsection (1) of this section as a chemical of high concern for children should be restricted or prohibited from use in children's products, residential upholstered furniture as defined in RCW 70A.405.010, or other commercial products or processes, the department of health must include citations of the peer-reviewed science and other sources of information reviewed and ultimately relied upon in support of the recommendation to restrict or prohibit the chemical.
[ 2020 c 20 s 1407; 2016 c 176 s 3. Formerly RCW 70.240.035.]

catchline: Certain flame retardant chemicals—Review—Stakeholder advisory committee—Report.


title: RCW 70A.430.060

text:
A manufacturer of a children's product or a consumer product containing a priority chemical subject to a rule adopted to implement a determination made consistent with RCW 70A.350.040(1)(b), or a trade organization on behalf of its member manufacturers, shall provide notice to the department that the manufacturer's product contains a high priority chemical or a priority chemical identified under chapter 70A.350 RCW. The notice must be filed annually with the department and must include the following information:
(1) The name of the chemical used or produced and its chemical abstracts service registry number;
(2) A brief description of the product or product component containing the substance;
(3) A description of the function of the chemical in the product;
(4) The amount of the chemical used in each unit of the product or product component. The amount may be reported in ranges, rather than the exact amount;
(5) The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
(6) Any other information the manufacturer deems relevant to the appropriate use of the product.
[ 2020 c 20 s 1408; 2019 c 292 s 9; 2008 c 288 s 5. Formerly RCW 70.240.040.]
Notes:
Short title—2019 c 292: See RCW 70A.350.900.

catchline: Notice that a children's product or a consumer product contains a high priority chemical.


title: RCW 70A.430.070

text:
(1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than 90 days prior to the effective date of the restrictions.
(2) A manufacturer that produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter must recall the product and reimburse the retailer or any other purchaser for the product.
(3) A manufacturer of products in violation of this chapter is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180. The penalties provided in this section must be imposed pursuant to RCW 43.21B.300 and may be appealed to the pollution control hearings board.
(4) Retailers who unknowingly sell products that are restricted from sale under this chapter are not liable under this chapter.
(5) The sale or purchase of any previously owned products containing a chemical restricted under this chapter made in casual or isolated sales as defined in RCW 82.04.040, or by a nonprofit organization, is exempt from this chapter.
[ 2024 c 347 s 9; 2020 c 20 s 1409; 2019 c 422 s 407; 2016 c 176 s 4; 2008 c 288 s 7. Formerly RCW 70.240.050.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Manufacturers of restricted products—Notice to sellers and distributors—Civil penalty.


title: RCW 70A.430.080

text:
The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
[ 2008 c 288 s 9. Formerly RCW 70.240.060.]

catchline: Adoption of rules.


title: RCW 70A.435.010

text:
The legislature finds that:
(1) Environmental health hazards associated with lead wheel weights are a preventable problem. People are exposed to lead fragments and dust when lead wheel weights fall from motor vehicles onto Washington roadways and are then abraded and pulverized by traffic. Lead wheel weights on and alongside roadways can contribute to soil, surface, and groundwater contamination and pose hazards to downstream aquatic life.
(2) Lead negatively affects every bodily system. While it is injurious to people of all ages, lead is especially harmful to fetuses, children, and adults of childbearing age. Effects of lead on a child's cognitive, behavioral, and developmental abilities may necessitate large expenditures of public funds for health care and special education. Irreversible damage to children and subsequent expenditures could be avoided if exposure to lead is reduced.
(3) There are no federal regulatory controls governing use of lead wheel weights. The legislature recognizes the state's need to protect the public from exposure to lead hazards.
[ 2009 c 243 s 1. Formerly RCW 70.270.010.]

catchline: Findings.


title: RCW 70A.435.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Environmentally preferred wheel weight" means any wheel weight used for balancing motor vehicle wheels that do not include more than 0.5 percent by weight of any chemical, group of chemicals, or metal of concern identified by rule under chapter 173-333 WAC.
(3) "Lead wheel weight" means any externally affixed or attached wheel weight used for balancing motor vehicle wheels and composed of greater than 0.1 percent lead by weight.
(4) "Person" includes any individual, firm, association, partnership, corporation, governmental entity, organization, or joint venture.
(5) "Vehicle" means any motor vehicle registered in Washington with a wheel diameter of less than 19.5 inches or a gross vehicle weight of fourteen thousand pounds or less.
[ 2009 c 243 s 2. Formerly RCW 70.270.020.]


title: RCW 70A.435.030

text:
(1) On and after January 1, 2011, a person who replaces or balances motor vehicle tires must replace lead wheel weights with environmentally preferred wheel weights on all vehicles when they replace or balance tires in Washington. However, the person may use alternatives to lead wheel weights that are determined by the department to not qualify as environmentally preferred wheel weights for up to two years following the date of that determination, but must thereafter use environmentally preferred wheel weights.
(2) A person who is subject to the requirement in subsection (1) of this section must recycle the lead wheel weights that they remove.
(3) A person who fails to comply with subsection (1) of this section is subject to penalties prescribed in RCW 70A.435.050. A violation of subsection (1) of this section occurs with respect to each vehicle for which lead wheel weights are not replaced in compliance with subsection (1) of this section.
(4) An owner of a vehicle is not subject to any requirement in this section.
[ 2020 c 20 s 1411; 2009 c 243 s 3. Formerly RCW 70.270.030.]

catchline: Replacement of lead wheel weights with environmentally preferred wheel weights—Failure to comply.


title: RCW 70A.435.040

text:
(1) The department shall achieve compliance with RCW 70A.435.030 through the enforcement sequence specified in this section.
(2) To provide assistance in identifying environmentally preferred wheel weights, the department shall, by October 1, 2010, prepare and distribute information regarding this chapter to the maximum extent practicable to:
(a) Persons that replace or balance motor vehicle tires in Washington; and
(b) Persons generally in the motor vehicle tire and wheel weight manufacturing, distribution, wholesale, and retail industries.
(3) The department shall issue a warning letter to a person who fails to comply with RCW 70A.435.030 and offer information or other appropriate assistance. If the person does not comply with RCW 70A.435.030(1) within one year of the department's issuance of the warning letter, the department may assess civil penalties under RCW 70A.435.050.
[ 2020 c 20 s 1412; 2009 c 243 s 4. Formerly RCW 70.270.040.]


title: RCW 70A.435.050

text:
(1) An initial violation of RCW 70A.435.030(1) is punishable by a civil penalty not to exceed five hundred dollars. Subsequent violations of RCW 70A.435.030(1) are punishable by civil penalties not to exceed one thousand dollars for each violation.
(2) Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 s 1413; 2019 c 422 s 408; 2009 c 243 s 5. Formerly RCW 70.270.050.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.


title: RCW 70A.435.060

text:
The department may adopt rules to fully implement this chapter.
[ 2009 c 243 s 6. Formerly RCW 70.270.060.]


title: RCW 70A.440.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Coal tar" means a viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in excess of ten thousand milligrams per kilogram. "Coal tar" includes, but is not limited to, refined coal tar, high temperature coal tar, coal tar pitch, or any substance identified by chemical abstract number 65996-93-2.
(2) "Coal tar pavement product" means a material that contains coal tar that is intended for use as a pavement sealant.
(3) "Department" means the department of ecology.
[ 2011 c 268 s 1. Formerly RCW 70.295.010.]


title: RCW 70A.440.020

text:
(1) After January 1, 2012, no person may sell at wholesale or retail a coal tar pavement product that is labeled as containing coal tar.
(2) After July 1, 2013, a person may not apply a coal tar pavement product on a driveway or parking area.
(3) The department may issue a notice of corrective action to a person in violation of subsection (1) or (2) of this section.
(4) A city or county may adopt an ordinance providing for enforcement of the requirements of subsection (1) or (2) of this section. A city or county adopting an ordinance has jurisdiction concurrent with the department to enforce this section.
[ 2011 c 268 s 2. Formerly RCW 70.295.020.]

catchline: Coal tar pavement product—Sale or application prohibited—Notice of corrective action—Authority to adopt ordinance to enforce section.


title: RCW 70A.445.005

text:
Antifouling paints and coatings are necessary for the proper performance and preservation of boats and other marine craft. However, many of these substances contain copper, biocides, and other chemicals that are toxic to many aquatic organisms, including salmon. The legislature intends to phase out the use of copper-based and other antifouling paints and coatings that pose an undue threat to the environment when used on recreational water vessels. The legislature also intends to encourage the development of safer alternatives to traditional antifouling paints and coatings.
[ 2018 c 94 s 1; 2011 c 248 s 1. Formerly RCW 70.300.005.]

catchline: Intent.


title: RCW 70A.445.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology.
(3)(a) "Recreational water vessel" means any vessel that is no more than sixty-five feet in length and is: (i) Manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered by a person for the pleasure of that person.
(b) "Recreational water vessel" does not include a vessel that is subject to United States coast guard inspection and that: (i) Is engaged in commercial use; or (ii) carries paying passengers.
(4) "Wood boat" means a recreational water vessel with an external hull surface entirely constructed of wood planks or sheets. A vessel with a wood hull sheathed in a nonwood material, such as fiberglass, is not a "wood boat" for purposes of this chapter.
[ 2018 c 94 s 2; 2011 c 248 s 2. Formerly RCW 70.300.010.]


title: RCW 70A.445.020

text:
(1) The department will conduct a review of information about antifouling paints and ingredients, including information received from manufacturers and others pursuant to this chapter; information on the feasibility of best management practices and nonbiocidal antifouling alternatives; and any additional scientific or technical information and studies it determines are relevant to that review.
(2) The department must submit a report to the legislature summarizing its findings no later than June 30, 2024. Prior to submitting the report to the legislature, the department will conduct a public comment process to obtain expertise, input, and a review of the department's proposed determinations by relevant stakeholders and other interested parties. The input received from the public comment process must be considered before finalizing the report.
(3) If the department determines that safer and effective alternatives to copper-based antifouling paints are feasible, reasonable, and readily available, then:
(a) Beginning January 1, 2026, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale in this state any new recreational water vessel manufactured on or after January 1, 2026, with antifouling paint containing more than 0.5 percent copper. This restriction does not apply to wood boats.
(b) Beginning January 1, 2026, antifouling paint that is intended for use on a recreational water vessel and that contains more than 0.5 percent copper may not be offered for sale in this state.
(c) Beginning January 1, 2026, antifouling paint containing more than 0.5 percent copper may not be applied to a recreational water vessel in this state. This restriction does not apply to wood boats.
(4) If the department does not determine by June 30, 2024, that safer and effective alternatives to copper-based antifouling paints are feasible, reasonable, and readily available, then the department must conduct a second review of relevant studies and information on alternatives to copper-based antifouling paints and submit a report to the legislature summarizing its findings no later than June 30, 2029.
(5) Nothing in this section restricts the department from reviewing and restricting antifouling paints under chapter 70A.350 RCW.
[ 2021 c 65 s 76; 2020 c 67 s 1; 2018 c 94 s 3; 2011 c 248 s 3. Formerly RCW 70.300.020.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—2018 c 94 s 3: "Section 3 of 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 [March 15, 2018]." [ 2018 c 94 s 5.]

catchline: Antifouling paint—Review—Report to the legislature—Restrictions on sale and application.


title: RCW 70A.445.030

text:
The department, in consultation and cooperation with other state natural resources agencies, must increase educational efforts regarding recreational water vessel hull cleaning to reduce the spread of invasive species. This effort must include a review of best practices that consider the type of antifouling paint used and recommendations regarding appropriate hull cleaning that includes in-water methods.
[ 2011 c 248 s 4. Formerly RCW 70.300.030.]

catchline: Recreational water vessel hull cleaning—Best practices.


title: RCW 70A.445.040

text:
(1) The department must enforce the requirements of this chapter.
(2)(a) A person or entity that violates this chapter is subject to a civil penalty. The department may assess and collect a civil penalty of up to ten thousand dollars per day per violation.
(b) All penalties collected by the department under this chapter must be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 s 1425; 2019 c 422 s 411; 2011 c 248 s 5. Formerly RCW 70.300.040.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Civil penalty.


title: RCW 70A.445.050

text:
(1) On or after January 1, 2016, the director may establish and maintain a statewide advisory committee to assist the department in implementing the requirements of this chapter.
(2)(a) By January 1, 2017, the department shall survey the manufacturers of antifouling paints sold or offered for sale in this state to determine the types of antifouling paints that are available in this state. The department shall also study how antifouling paints affect marine organisms and water quality. The department shall report its findings to the legislature, consistent with RCW 43.01.036, by December 31, 2017.
(b) If the statewide advisory committee authorized under subsection (1) of this section is established by the director, the department may consult with the statewide advisory committee to prepare the report required under (a) of this subsection.
[ 2011 c 248 s 6. Formerly RCW 70.300.050.]

catchline: Statewide advisory committee—Survey—Report to the legislature.


title: RCW 70A.445.060

text:
The department may adopt rules as necessary to implement this chapter.
[ 2011 c 248 s 7. Formerly RCW 70.300.060.]

catchline: Rule-making authority.


title: RCW 70A.445.070

text:
(1) Beginning January 1, 2023, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale in this state any new recreational water vessel manufactured on or after January 1, 2023, with antifouling paint containing cybutryne, chemical abstracts service registration number 28159-98-0.
(2) Beginning January 1, 2023, antifouling paint that is intended for use on a recreational water vessel and that contains cybutryne may not be offered for sale in this state.
(3) Beginning January 1, 2023, antifouling paint containing cybutryne may not be applied to a recreational water vessel in this state.
[ 2020 c 67 s 2.]

catchline: Prohibition on sales of new recreational water vessels containing certain antifouling paint.


title: RCW 70A.445.080

text:
(1) The department may require a manufacturer, wholesaler, or retailer of antifouling paints or related substances to submit a notice to the department containing the following information:
(a) A list of products, including a brief description of each product or product component containing the substance;
(b) Product ingredients, including the names of the chemicals used or produced and applicable chemical abstracts service registry numbers;
(c) Information regarding exposure and chemical hazard;
(d) A description of the function of each chemical in the product;
(e) The amount of the chemical used in each unit of the product or product component;
(f) The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer;
(g) Any other information the manufacturer deems relevant to the appropriate use of the product; and
(h) Any other information requested by the department.
(2) The manufacturer must provide the notice required in subsection (1) of this section to the department no later than six months after receipt of such a demand by the department.
[ 2020 c 67 s 3.]

catchline: Notice to the department.


title: RCW 70A.45.005

text:
(1) The legislature finds that Washington has long been a national and international leader on energy conservation and environmental stewardship, including air quality protection, renewable energy development and generation, emission standards for fossil-fuel based energy generation, energy efficiency programs, natural resource conservation, sustainable forestry and the production of forest products, vehicle emission standards, and the use of biofuels. Washington is also unique among most states in that in addition to its commitment to reduce emissions of greenhouse gases, it has established goals to grow the clean energy sector and reduce the state's expenditures on imported fuels.
(2) The legislature further finds that Washington should continue its leadership on climate change policy by creating accountability for achieving the emission reductions established in RCW 70A.45.020, participating in the design of a regional multisector market-based system to help achieve those emission reductions, assessing other market strategies to reduce emissions of greenhouse gases, maintaining and enhancing the state's ability to continue to sequester carbon through natural and working lands and forest products, and ensuring the state has a well-trained workforce for our clean energy future. The consistent tracking and annual reporting of statewide emissions in a greenhouse gas inventory as required under RCW 70A.45.020 is an important responsibility that allows the legislature to determine whether state emissions are on a trajectory to achieve statutory emissions reduction limits, or whether new or amended policy interventions are necessary to achieve those limits.
(3) It is the intent of the legislature that the state will: (a) Limit and reduce emissions of greenhouse gas consistent with the emission reductions established in RCW 70A.45.020; (b) minimize the potential to export pollution, jobs, and economic opportunities; (c) support industry sectors that can act as sequesterers of carbon; and (d) reduce emissions at the lowest cost to Washington's economy, consumers, and businesses.
(4) In the event the state elects to participate in a regional multisector market-based system, it is the intent of the legislature that the system will become effective by January 1, 2012, after authority is provided to the department for its implementation. By acting now, Washington businesses and citizens will have adequate time and opportunities to be well positioned to take advantage of the low carbon economy and to make necessary investments in low carbon technology.
(5) It is also the intent of the legislature that the regional multisector market-based system recognize Washington's unique emissions and sequestration portfolio, including the:
(a) State's hydroelectric system;
(b) Opportunities presented by Washington's abundant forest resources and the associated forest products industry, along with aquatic and agriculture land and the associated industries; and
(c) State's leadership in energy efficiency and the actions it has already taken that have reduced its generation of greenhouse gas emissions and that entities receive appropriate credit for early actions to reduce greenhouse gases.
(6) If any revenues, excluding those from state trust lands, that accrue to the state are created by a market system, they must be used for the purposes established in chapter 70A.65 RCW and to further the state's efforts to achieve the goals established in RCW 70A.45.020, address the impacts of global warming on affected habitats, species, and communities, promote and invest in industry sectors that act as sequesterers of carbon, and increase investment in the clean energy economy particularly for communities and workers that have suffered from heavy job losses and chronic unemployment and underemployment.
[ 2025 c 195 s 1; 2021 c 316 s 44. Prior: 2020 c 120 s 2; 2020 c 20 s 1397; 2008 c 14 s 1. Formerly RCW 70.235.005.]
Notes:
Short title—2021 c 316: See RCW 70A.65.900.
Findings—2020 c 120: "(1) The legislature finds that the intergovernmental panel on climate change (IPCC) released a report in 2019 entitled "IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems" that provides guidance relating to how natural and working lands can be utilized to assist with a global climate response strategy. In addition, the food and agricultural organization of the United Nations issued a report in 2016 entitled "forestry for a low carbon future" with specific recommendations for integrating forest and wood products in climate change strategies. Recommendations from these reports are critical as Washington develops its own climate response and charts how the state can use its forestland base and vibrant forest products sector as part of its contribution to the global climate response.
(2) The legislature further finds that the 2019 intergovernmental panel on climate change report identifies several measures where sustainable forest management and forest products may be utilized to maintain and enhance carbon sequestration. These include increasing the carbon sequestration potential of forests and forest products by maintaining and expanding the forestland base, reducing emissions from land conversion to nonforest uses, increasing forest resiliency to reduce the risk of carbon releases from disturbances such as wildfire, pest infestation, and disease, and applying sustainable forest management techniques to maintain or enhance forest carbon stocks and forest carbon sinks, including through the transference of carbon to wood products.
(3) The legislature further finds that the food and agricultural organization of the United Nations reports similar recommendations, with a focus on forest management tools that increases the carbon density in forests, increases carbon storage out of the forest in harvested wood products, utilizes wood energy, and suppresses forest disturbances from fire, pests, and disease." [ 2020 c 120 s 1.]

catchline: Findings—Intent.


title: RCW 70A.45.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Carbon dioxide equivalents" means a metric measure used to compare the emissions from various greenhouse gases based upon their global warming potential.
(2) "Carbon sequestration" means the process of capturing and storing atmospheric carbon dioxide through biologic, chemical, geologic, or physical processes.
(3) "Climate advisory team" means the stakeholder group formed in response to executive order 07-02.
(4) "Climate impacts group" means the University of Washington's climate impacts group.
(5) "Department" means the department of ecology.
(6) "Director" means the director of the department.
(7) "Greenhouse gas" and "greenhouse gases" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other gas or gases designated by the department by rule.
(8) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of the state.
(9) "Program" means the department's climate change program.
(10) "Western climate initiative" means the collaboration of states, Canadian provinces, Mexican states, and tribes to design a multisector market-based mechanism as directed under the western regional climate action initiative signed by the governor on February 22, 2007.
[ 2021 c 315 s 3. Prior: 2020 c 79 s 5; prior: 2019 c 284 s 2; 2010 c 146 s 1; 2008 c 14 s 2. Formerly RCW 70.235.010.]
Notes:
Intent—2020 c 79: See note following RCW 70A.45.020.
Finding—Intent—2019 c 284: See note following RCW 70A.60.060.

catchline: Definitions.


title: RCW 70A.45.020

text:
(1)(a) The state shall limit anthropogenic emissions of greenhouse gases to achieve the following emission reductions for Washington state:
(i) By 2020, reduce overall emissions of greenhouse gases in the state to 1990 levels, or 90,500,000 metric tons;
(ii) By 2030, reduce overall emissions of greenhouse gases in the state to 50,000,000 metric tons, or 45 percent below 1990 levels;
(iii) By 2040, reduce overall emissions of greenhouse gases in the state to 27,000,000 metric tons, or 70 percent below 1990 levels;
(iv) By 2050, reduce overall emissions of greenhouse gases in the state to 5,000,000 metric tons, or 95 percent below 1990 levels.
(b) By December 1, 2008, the department shall submit a greenhouse gas reduction plan for review and approval to the legislature, describing those actions necessary to achieve the emission reductions in (a) of this subsection by using existing statutory authority and any additional authority granted by the legislature. Actions taken using existing statutory authority may proceed prior to approval of the greenhouse gas reduction plan.
(c) In addition to the emissions limits specified in (a) of this subsection, the state shall also achieve net zero greenhouse gas emissions by 2050. Except where explicitly stated otherwise, nothing in chapter 14, Laws of 2008 limits any state agency authorities as they existed prior to June 12, 2008.
(d) Consistent with this directive, the department shall take the following actions:
(i) Develop and implement a system for monitoring and reporting emissions of greenhouse gases as required under RCW 70A.15.2200; and
(ii) Track progress toward meeting the emission reductions established in this subsection, including the results from policies currently in effect that have been previously adopted by the state and policies adopted in the future, and report on that progress. Progress reporting should include statewide emissions as well as emissions from key sectors of the economy including, but not limited to, electricity, transportation, buildings, manufacturing, and agriculture.
(e) Nothing in this section creates any new or additional regulatory authority for any state agency as they existed prior to January 1, 2019.
(2)(a) The department and the department of commerce shall post and maintain on the department's website and report to the governor and the appropriate committees of the senate and house of representatives the total emissions of greenhouse gases for the most recent two years for which such data are available, and totals in each major source sector, including emissions associated with leaked gas identified by the utilities and transportation commission under RCW 81.88.160. The report must include greenhouse gas emissions from wildfires, developed in consultation with the department of natural resources. The department shall ensure the reporting rules adopted under RCW 70A.15.2200 allow it to develop a comprehensive inventory of emissions of greenhouse gases from all significant sectors of the Washington economy. The report required under this section must be completed by December 31st of each even-numbered year through 2030, and must be completed by December 31st of each year beginning December 31, 2031.
(b) In addition to the report required in (a) of this subsection, by December 31, 2027, and December 31, 2029, the department and the department of commerce shall post and maintain on the department's website and provide notification to the governor and the appropriate committees of the senate and the house of representatives summarizing the total emissions of greenhouse gases for the most recent year for which such data is available, and totals in each major source sector reported as required under (a) of this subsection.
(3) Except for purposes of reporting, emissions of carbon dioxide from industrial combustion of biomass in the form of fuel wood, wood waste, wood by-products, and wood residuals shall not be considered a greenhouse gas as long as the region's silvicultural sequestration capacity is maintained or increased.
[ 2025 c 195 s 2. Prior: 2020 c 79 s 2; 2020 c 32 s 4; 2020 c 20 s 1398; 2008 c 14 s 3. Formerly RCW 70.235.020.]
Notes:
Intent—2020 c 79: "(1) Global climate change represents an existential threat to the livelihoods, health, and well-being of all Washingtonians. Our state is experiencing a climate emergency in the form of devastating wildfires, drought, lack of snowpack, and increases in ocean acidification caused in part by climate change.
(2) These threats are not distributed evenly across the state. In particular, rural communities with natural resource-based economies, tribes, and communities of lower and moderate incomes will be disproportionately exposed to health and economic impacts driven by climate change.
(3) The longer we delay in taking definitive action to reduce greenhouse gas emissions, the greater the threat posed by climate change to current and future generations, and the more costly it will be to protect and maintain our communities against the impacts of climate change. Unchecked, climate change will bring ever more drastic decline to the health and prosperity of future generations, particularly for the most vulnerable communities.
(4) According to the climate impacts group at the University of Washington, with global warming of at least one and one-half degrees Celsius, by 2050 Washington is projected to experience:
(a) An increase of sixty-seven percent in the number of days per year above ninety degrees Fahrenheit, relative to 1976-2005, leading to an increased risk of heat-related illness and death, warmer streams, and more frequent algal blooms;
(b) A decrease of thirty-eight percent in the state's snowpack, relative to 1970-1999, leading to reduced water storage, irrigation shortages, and winter and summer recreation losses;
(c) An increase of sixteen percent in winter streamflow, relative to 1970-1999, leading to an increased risk of river flooding;
(d) A decrease of twenty-three percent in summer streamflow, relative to 1970-1999, leading to reduced summer hydropower, conflicts over water resources, and negative effects on salmon populations; and
(e) An increase of one and four-tenths feet in sea level, relative to 1991-2010, leading to coastal flooding and inundation, damage to coastal infrastructure, and bluff erosion.
(5) The legislature has taken steps to understand and address the threats posed by climate change as climate change science has continued to evolve. In 2008 with the passage of Engrossed Second Substitute House Bill No. 2815, *chapter 70.235 RCW, the legislature acknowledged Washington's history of national and international leadership in clean energy, and set limits on the greenhouse gas emissions that drive climate change.
(6) *Chapter 70.235 RCW recognizes that the state of climate change science will continue to evolve, and so it directs the department of ecology to consult with the climate impacts group at the University of Washington for the purpose of issuing periodic reports that summarize the current climate change science and that make recommendations regarding whether the state's greenhouse gas emissions reductions need to be updated. As required by *chapter 70.235 RCW, the department of ecology prepared and submitted reviews of current climate change science and the state of global warming trends in both December 2016, Ecology Publication No. 16-01-010, and again in December 2019, Ecology Publication No. 19-02-031. The most recent report underscores the need for Washington to take immediate and aggressive action to reduce greenhouse gas emissions, the primary cause of global climate change.
(7) Based on the current science and emissions trends, as reported by the department of ecology and the climate impacts group at the University of Washington, the legislature finds that avoiding global warming of at least one and one-half degrees Celsius is possible only if global greenhouse gas emissions start to decline precipitously, and as soon as possible. Restoring a safe and stable climate will require mobilization across all levels of government and economic sectors, including agriculture, manufacturing, transportation, and energy production, to reach net zero greenhouse gas emissions by 2050. Washington must therefore further strengthen its emissions reduction targets for 2030 and beyond. In addition, all pathways to one and one-half degrees Celsius rely on some amount of negative emissions through carbon sequestration. It is therefore the intent of the legislature to strengthen Washington's statutory greenhouse gas emission limits to reflect current science and to align with the limits that other jurisdictions are setting to combat climate change and to encourage voluntary actions that increase carbon sequestration on natural and working lands and storage in the related products from those lands.
(8) In strengthening Washington's statutory greenhouse gas emission limits, it is the intent of the legislature to pursue these limits in a way that:
(a) Reduces the burdens and creates benefits for vulnerable populations and highly impacted communities with long-term and short-term outcomes for public health, economic well-being, local environments, and community resiliency that benefits all Washington residents;
(b) Supports the current skilled and trained construction workforce, retains and creates other high quality employment opportunities, and generates broad, widely shared economic benefits for the state and Washington residents; and
(c) Maintains Washington's manufacturing economy and avoids leakage of emissions to other jurisdictions." [ 2020 c 79 s 1.]
*Reviser's note: Chapter 70.235 RCW was recodified as chapter 70A.45 RCW by 2020 c 20 s 2052.
Intent—2020 c 32: See note following RCW 80.28.420.

catchline: Greenhouse gas emissions reductions—Reporting requirements.