title: RCW 70A.510.010

text:
(1) The legislature finds that a convenient, safe, and environmentally sound system for the recycling of photovoltaic modules, minimization of hazardous waste, and recovery of commercially valuable materials must be established. The legislature further finds that the responsibility for this system must be shared among all stakeholders, with manufacturers financing the takeback and recycling system.
(2) The definitions in this subsection apply throughout this section and RCW 70A.510.020 unless the context clearly requires otherwise.
(a) "Consumer electronic device" means any device containing an electronic circuit board that is intended for everyday use by individuals, such as a watch or calculator.
(b) "Department" means the department of ecology.
(c) "Distributor" means a person who markets and sells photovoltaic modules to retailers in Washington.
(d) "Installer" means a person who assembles, installs, and maintains photovoltaic module systems.
(e) "Manufacturer" means any person in business or no longer in business but having a successor in interest who, irrespective of the selling technique used, including by means of distance or remote sale:
(i) Manufactures or has manufactured a photovoltaic module under its own brand names for use or sale in or into this state;
(ii) Assembles or has assembled a photovoltaic module that uses parts manufactured by others for use or sale in or into this state under the assembler's brand names;
(iii) Resells or has resold in or into this state under its own brand names a photovoltaic module produced by other suppliers, including retail establishments that sell photovoltaic modules under their own brand names;
(iv) Manufactures or has manufactured a cobranded photovoltaic module product for use or sale in or into this state that carries the name of both the manufacturer and a retailer;
(v) Imports or has imported a photovoltaic module into the United States that is used or sold in or into this state. However, if the imported photovoltaic module is manufactured by any person with a presence in the United States meeting the criteria of manufacturer under (e)(i) through (vi) of this subsection, that person is the manufacturer;
(vi) Sells at retail a photovoltaic module acquired from an importer that is the manufacturer and elects to register as the manufacturer for those products; or
(vii) Elects to assume the responsibility and register in lieu of a manufacturer as defined under (e)(i) through (vi) of this subsection.
(f) "Photovoltaic module" means the smallest nondivisible, environmentally protected assembly of photovoltaic cells or other photovoltaic collector technology and ancillary parts intended to generate electrical power under sunlight, except that "photovoltaic module" does not include a photovoltaic cell that is part of a consumer electronic device for which it provides electricity needed to make the consumer electronic device function. "Photovoltaic module" includes but is not limited to interconnections, terminals, and protective devices such as diodes that:
(i) Are installed on, connected to, or integral with buildings;
(ii) Are used as components of freestanding, off-grid, power generation systems, such as for powering water pumping stations, electric vehicle charging stations, fencing, street and signage lights, and other commercial or agricultural purposes; or
(iii) Are part of a system connected to the grid or utility service.
(g) "Predecessor" means an entity from which a manufacturer purchased a photovoltaic module brand, its warranty obligations, and its liabilities. "Predecessor" does not include entities from which a manufacturer purchased only manufacturing equipment.
(h) "Rare earth element" means lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, lutetium, yttrium, or scandium.
(i) "Retailer" means a person who offers photovoltaic modules for retail sale in the state through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or internet sales.
(j) "Reuse" means any operation by which a photovoltaic module or a component of a photovoltaic module changes ownership and is used for the same purpose for which it was originally purchased.
(k) "Stewardship plan" means the plan developed by a manufacturer or its designated stewardship organization for a self-directed stewardship program.
(l) "Stewardship program" means the activities conducted by a manufacturer or a stewardship organization to fulfill the requirements of this chapter and implement the activities described in its stewardship plan.
(m) "Environmental justice" has the same meaning as defined in RCW 70A.02.010.
(n) "Overburdened community" has the same meaning as defined in RCW 70A.02.010.
(o) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010.
(3) The department must develop guidance for a photovoltaic module stewardship and takeback program to guide manufacturers in preparing and implementing a self-directed program to ensure the convenient, safe, and environmentally sound takeback and recycling of photovoltaic modules and their components and materials. By January 1, 2018, the department must establish a process to develop guidance for photovoltaic module stewardship plans by working with manufacturers, stewardship organizations, and other stakeholders on the content, review, and approval of stewardship plans. The department's process must be fully implemented and stewardship plan guidance completed by July 1, 2019.
(4) A stewardship organization may be designated to act as an agent on behalf of a manufacturer or manufacturers in operating and implementing the stewardship program required under this chapter. Any stewardship organization that has obtained such designation must provide to the department a list of the manufacturers and brand names that the stewardship organization represents within 60 days of its designation by a manufacturer as its agent, or within 60 days of removal of such designation.
(5) Each manufacturer must prepare and submit a stewardship plan, individually or as a member of a stewardship organization, to the department by January 31, 2030, or within 30 days of its first sale of a photovoltaic module in or into the state, whichever is later.
(a) A stewardship plan must, at a minimum:
(i) Describe how manufacturers will finance the takeback and recycling system, and include an adequate funding mechanism to finance the costs of collection, management, and recycling of photovoltaic modules and residuals sold in or into the state by the manufacturer with a mechanism that ensures that photovoltaic modules can be delivered to takeback locations without cost to the last owner or holder;
(ii) Accept all of their photovoltaic modules sold in or into the state after July 1, 2017;
(iii) Describe how the program will minimize the release of hazardous substances into the environment and maximize the recovery of other components, including rare earth elements and commercially valuable materials;
(iv) Provide for takeback of photovoltaic modules at locations that are within the region of the state in which their photovoltaic modules were used and are as convenient as reasonably practicable, and if no such location within the region of the state exists, include an explanation for the lack of such location;
(v) Identify how relevant stakeholders, including consumers, installers, building demolition firms, and recycling and treatment facilities, will receive information required in order for them to properly dismantle, transport, and treat the end-of-life photovoltaic modules in a manner consistent with the objectives described in (a)(iii) of this subsection;
(vi) Establish performance goals, including a goal for the rate of combined reuse and recycling of collected photovoltaic modules as a percentage of the total weight of photovoltaic modules collected, which rate must be no less than 85 percent.
(b) A manufacturer must implement the stewardship plan.
(c) A manufacturer may periodically amend its stewardship plan. The department must approve the amendment if it meets the requirements for plan approval outlined in the department's guidance. When submitting proposed amendments, the manufacturer must include an explanation of why such amendments are necessary.
(6) The department must approve a stewardship plan if it determines the plan addresses each element outlined in the department's guidance.
(7)(a) Beginning April 1st after the first year of program operation, and by April 1st in each subsequent year, a manufacturer, or its designated stewardship organization, must provide to the department a report for the previous calendar year that documents implementation of the plan and assesses achievement of the performance goals established in subsection (5)(a)(vi) of this section.
(b) The report may include any recommendations to the department or the legislature on modifications to the program that would enhance the effectiveness of the program, including management of program costs and mitigation of environmental impacts of photovoltaic modules.
(c) The manufacturer or stewardship organization must post this report on a publicly accessible website.
(8) Beginning January 31, 2031, no manufacturer, distributor, retailer, or installer may sell or offer for sale a photovoltaic module in or into the state unless the manufacturer of the photovoltaic module has submitted to the department a stewardship plan and received plan approval.
(a) The department must send a written warning to a manufacturer that is not participating in a plan. The written warning must inform the manufacturer that it must submit a plan or participate in a plan within 30 days of the notice. The department may assess a penalty of up to $10,000 upon a manufacturer for each sale that occurs in or into the state of a photovoltaic module for which a stewardship plan has not been submitted by the manufacturer and approved by the department after the initial written warning. A manufacturer may appeal a penalty issued under this section to the superior court of Thurston county within 180 days of receipt of the notice.
(b) The department must send a written warning to a distributor, retailer, or installer that sells or installs a photovoltaic module made by a manufacturer that is not participating in a plan. The written warning must inform the distributor, retailer, or installer that they may no longer sell or install a photovoltaic module if a stewardship plan for that brand has not been submitted by the manufacturer and approved by the department within 30 days of the notice.
(9) The department may collect a flat fee from participating manufacturers to recover costs associated with the plan guidance, review, and approval process described in subsection (3) of this section. Other administrative costs incurred by the department for program implementation activities, including stewardship plan review and approval, enforcement, and any rule making, may be recovered by charging every manufacturer an annual fee calculated by dividing department administrative costs by the manufacturer's pro rata share of the Washington state photovoltaic module sales in the most recent preceding calendar year, based on best available information. The sole purpose of assessing the fees authorized in this subsection is to predictably and adequately fund the department's costs of administering the photovoltaic module recycling program.
(10) The photovoltaic module recycling account is created in the custody of the state treasurer. All fees collected from manufacturers under this chapter must be deposited in the account. Expenditures from the account may be used only for administering this chapter. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Funds in the account may not be diverted for any purpose or activity other than those specified in this section.
(11) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
(12) In lieu of preparing a stewardship plan and as provided by subsection (5) of this section, a manufacturer may participate in a national program for the convenient, safe, and environmentally sound takeback and recycling of photovoltaic modules and their components and materials, if substantially equivalent to the intent of the state program. The department may determine substantial equivalence if it determines that the national program adequately addresses and fulfills each of the elements of a stewardship plan outlined in subsection (5)(a) of this section and includes an enforcement mechanism reasonably calculated to ensure a manufacturer's compliance with the national program. Upon issuing a determination of substantial equivalence, the department must notify affected stakeholders including the manufacturer. If the national program is discontinued or the department determines the national program is no longer substantially equivalent to the state program in Washington, the department must notify the manufacturer and the manufacturer must provide a stewardship plan as described in subsection (5)(a) of this section to the department for approval within 30 days of notification.
[ 2025 c 126 s 1; 2021 c 45 s 1. Prior: 2020 c 287 s 1; 2017 3rd sp.s. c 36 s 12. Formerly RCW 70.355.010.]
Notes:
Effective date—2025 c 126: See note following RCW 70A.510.020.
Findings—Intent—Effective date—2017 3rd sp.s. c 36: See notes following RCW 82.16.130.

catchline: Photovoltaic module stewardship and takeback program—Definitions—Requirements—Enforcement—Penalty—Fees—Rule making.


doc_type: statute

jurisdiction: wa

title: RCW 70A.510.020

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department must establish a photovoltaic module advisory committee. The committee may include representatives of any parties the department deems appropriate to carry out the duties in subsection (3) of this section, but must include at least one member, if feasible, representing each of the following entities:
(a) Tribal organization or government;
(b) An association representing cities;
(c) An association representing counties;
(d) An environmental nonprofit;
(e) Environmental justice expertise, represented by an environmental justice practitioner or academic;
(f) A solid waste collection or processing company;
(g) An electric utility;
(h) A photovoltaic module manufacturer;
(i) A photovoltaic module distributor;
(j) A residential and commercial photovoltaic module installer involved in the installation of photovoltaic modules on the customer's side of the meter;
(k) A utility scale photovoltaic module project developer;
(l) Photovoltaic module recycling industry expertise;
(m) A labor organization representing workers in the electrical industry;
(n) The department; and
(o) The Washington state department of commerce.
(2) The department must contract with an independent third-party consultant to convene, facilitate, support, and provide research for the advisory committee. The consultant must:
(a) Provide staff and support to the advisory committee meetings including agendas, presentations, notes, and materials for the advisory committee;
(b) Hire subcontractors, as needed, for the research of any relevant information regarding issues associated with photovoltaic module recycling, stewardship, and takeback programs;
(c) Draft reports and other materials for review by the advisory committee; and
(d) Submit, by June 1, 2028, a report to the department containing recommendations of the advisory committee, after review by the advisory committee.
(3) The duties of the advisory committee include the following:
(a) Develop recommendations for a convenient, safe, and environmentally sound system for the recycling of photovoltaic modules, minimization of hazardous waste, and recovery of commercially valuable materials, with manufacturers financing the takeback and recycling system, considering the following:
(i) Policies and laws related to photovoltaic module stewardship and takeback programs and the enforcement of these laws;
(ii) Potential environmental and health impacts on overburdened communities and vulnerable populations expected to be affected, equitable distribution of environmental benefits, reduction of environmental harms, and meaningful access to programs and service;
(iii) Any work from other applicable advisory committees currently discussing similar topics in other jurisdictions or at the national level; and
(iv) Information and research provided by the department's consultant.
(b) Provide information to the consultant as requested, to meet the needs of this section.
(c) Review and comment on the consultant's report to the department.
(4) By December 1, 2028, the department shall submit a report to the appropriate committees of the legislature summarizing the work of the consultant and the advisory committee. The report shall contain recommended changes to this chapter.
(5) This section expires July 1, 2030.
[ 2025 c 126 s 2.]
Notes:
Effective date—2025 c 126: "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 June 30, 2025." [ 2025 c 126 s 3.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Photovoltaic module advisory committee—Members—Duties—Report. (Expires July 1, 2030.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.515.010

text:
The legislature finds that:
(1) Leftover architectural paints are a waste management issue and present environmental risks and health and safety risks, especially to workers in the solid waste industry. During waste collection and processing, wet paint can create spills and splashes and oil paint containers may rupture, releasing fumes hazardous to workers and the remaining liquids may contribute to leachate problems in landfills. Some local governments are able to devote resources to provide collection sites or events for latex paint in order to provide their residents with at least some disposal options and to keep latex paint out of the solid waste stream. But residents and small businesses need additional and more convenient options for disposal of architectural paint. Drying latex for disposal is difficult for many residents and is wasteful of latex paint that can otherwise be reused or recycled. Local government special and moderate-risk waste collection programs are heavily impacted by the cost of managing unwanted architectural paints and these costs decrease the available funds to address other hazardous and hard-to-handle materials.
(2) Nationally, an estimated average of ten percent of architectural paint purchased becomes leftover paint. Current programs only collect a fraction of the potential leftover paint for proper reuse, recycling, or disposal. There is not a comprehensive statewide, end-of-life management plan for architectural paint, resulting in significant missed opportunities to reduce, reuse, and recycle paint.
(3)(a) It is in the best interest of Washington for paint manufacturers to assume responsibility for the development and implementation of a cost-effective paint stewardship program that:
(i) Develops and implements strategies to reduce the generation of leftover paint;
(ii) Promotes the reuse of leftover paint;
(iii) Collects, transports, and processes leftover paint for end-of-life management, including reuse, recycling, energy recovery, and disposal; and
(iv) Provides for transparency under chapter 42.56 RCW, the public records act.
(b) A paint stewardship program will follow the paint waste management hierarchy for managing and reducing leftover paint in the order as follows:
(i) Reduce consumer generation of leftover paint;
(ii) Reuse;
(iii) Recycle; and
(iv) Provide for energy recovery and disposal.
(c) The establishment of a comprehensive leftover paint management program that requires paint manufacturers to assume responsibility for the collection, recycling, reuse, transportation, and disposal of leftover paint, and that allows paint retailers to voluntarily participate in the collection of leftover paint, will provide more opportunities for consumers to properly manage their leftover paint, provide fiscal relief for local government in managing leftover paint, keep paint out of the waste stream, and conserve natural resources.
(4) The legislature further finds that Washington's existing waste collection, recycling, and disposal system leads the nation in innovation and environmentally sound practices. This system has achieved some of the highest overall recycling rates in the nation at fifty-one percent in 2012. The legislature further finds that leftover paint may be a toxic and hard-to-handle waste product that is appropriate for a product stewardship program to increase the safe, convenient, and effective reuse, recycling, and disposal of leftover paint. Product stewardship programs for toxic and hard-to-handle materials, including an architectural paint stewardship program, should integrate with and complement the existing waste collection, recycling, and disposal system.
(5) This chapter creates an architectural paint stewardship program to be enforced by the department.
[ 2019 c 344 s 1. Formerly RCW 70.375.010.]

catchline: Findings.


title: RCW 70A.515.020

text:
The definitions in this section apply throughout this chapter unless the content clearly requires otherwise.
(1)(a) "Architectural paint" or "paint" means interior and exterior architectural coatings, sold in a container of five gallons or less.
(b) "Architectural paint" or "paint" does not mean industrial coatings, original equipment coatings, or specialty coatings.
(2) "Architectural paint stewardship assessment" or "assessment" means the amount determined by a stewardship organization that must be added to the purchase price of architectural paint sold in this state to cover a stewardship organization's costs of administration, education and outreach, collecting, transporting, and processing of the leftover architectural paint managed through a statewide architectural paint stewardship program.
(3) "Conditionally exempt small quantity generator" means a dangerous waste generator whose dangerous wastes are not subject to regulation under chapter 70A.300 RCW, hazardous waste management, solely because the waste is generated or accumulated in quantities below the threshold for regulation and meets the conditions prescribed in WAC 173-303-171(1), as it existed on July 28, 2019.
(4) "Conditionally exempt small quantity generator waste" means dangerous waste generated by a conditionally exempt small quantity generator.
(5) "Consumer" includes any household, nonprofit, small business, or other entity whose leftover paint is eligible under applicable laws and regulations.
(6) "Covered entity" means any: (a) Household; (b) conditionally exempt small quantity generator of leftover oil-based and latex architectural paint; or (c) generator of dangerous waste as defined in RCW 70A.300.010 that brings leftover architectural latex paint to a paint program collection site operating under an approved Washington state paint stewardship plan.
(7) "Curbside service" means a waste collection, recycling, and disposal service providing pickup of leftover architectural paint from residential sources, such as single-family households and multifamily housing, or other covered entities in quantities generated from households or conditionally exempt small quantity generators, provided by a solid waste collection company regulated under chapter 81.77 RCW or under a contract for solid waste services with any city or town.
(8) "Department" means the department of ecology.
(9) "Distributor" means a person that has a contractual relationship with one or more manufacturers to market and sell architectural paint to retailers in Washington.
(10) "End-of-life" or "end-of-life management" means activities including, but not limited to, collection, transportation, reuse, recycling, energy recovery, and disposal for leftover architectural paint.
(11) "Energy recovery" means the recovery of energy in a useable form from mass burning or refuse-derived fuel incineration, pyrolysis, or any other means of using the heat of combustion of solid waste that involves high temperature (above twelve hundred degrees Fahrenheit) processing.
(12) "Environmentally sound management practices" means practices that comply with all applicable laws and rules to protect workers, public health, and the environment, provide for adequate recordkeeping, tracking and documenting the fate of materials within the state and beyond, and include environmental liability coverage for the stewardship organization.
(13) "Final disposition" means the point beyond which no further processing takes place and the paint has been transformed for direct use as a feedstock in producing new products or is disposed of, including for energy recovery, in permitted facilities.
(14) "Household hazardous waste" means waste that exhibits any of the properties of dangerous waste that is exempt from regulation under chapter 70A.300 RCW solely because the waste is generated by households. Household hazardous waste may also include other solid waste identified in the local hazardous waste management plan prepared pursuant to chapter 70A.300 RCW.
(15) "Leftover paint" or "leftover architectural paint" means architectural paint not used and no longer wanted by a consumer.
(16) "Moderate risk waste" means solid waste that is limited to conditionally exempt small quantity generator waste and household hazardous waste as defined in this chapter.
(17) "Paint retailer" means any person that offers architectural paint for sale at retail in Washington.
(18) "Person" includes any individual, business, manufacturer, transporter, collector, processor, retailer, charity, nonprofit organization, or government agency.
(19) "Producer" means a manufacturer of architectural paint that is sold, offered for sale, or distributed in Washington under the producer's own name or other brand name.
(20) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal, energy recovery, or incineration. Recycling does not include collection, compacting, repacking, and sorting for the purpose of transport.
(21) "Reuse" means any operation by which an architectural paint product changes ownership and is used for the same purpose for which it was originally purchased.
(22) "Sell" or "sale" means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, or the internet or any other similar electronic means.
(23) "Stewardship organization" means a nonprofit organization created by a producer or group of producers to implement a paint stewardship program required under this chapter.
(24) "Urban cluster" means areas of population density of two thousand five hundred to fifty thousand, as defined by the United States census bureau.
(25) "Urbanized area" means areas of high population density with populations of fifty thousand or greater, as defined by the United States census bureau.
[ 2020 c 20 s 1458; 2019 c 344 s 2. Formerly RCW 70.375.020.]

catchline: Definitions.


title: RCW 70A.515.030

text:
(1) All producers of architectural paint selling in or into the state of Washington shall participate in an approved Washington state paint stewardship plan for covered entities through membership in and appropriate funding of a stewardship organization.
(2) Producers not participating in a stewardship plan may not sell architectural paint in or into Washington state.
(3) Paint retailers are prohibited from selling architectural paint manufactured or distributed by a producer not in compliance with this chapter.
[ 2019 c 344 s 3. Formerly RCW 70.375.030.]

catchline: Paint stewardship plan.


title: RCW 70A.515.040

text:
(1) A stewardship organization representing producers shall submit a plan for the implementation of a paint stewardship program to the department for approval by May 30, 2020, or within one year of July 28, 2019, whichever comes later. The plan must include the following components:
(a) A description of how the program proposed under the plan will collect, transport, recycle, and process leftover paint from covered entities for end-of-life management, including reuse, recycling, energy recovery, and disposal, using environmentally sound management practices;
(b) Stewardship organization contact information and a list of participating brands and producers under the program;
(c) A demonstration of sufficient funding for the architectural paint stewardship program as described in the plan. The plan must include a funding mechanism whereby each architectural paint producer remits to the stewardship organization payment of an architectural paint stewardship assessment for each container of architectural paint the producer sells in this state, unless the distributor or paint retailer has negotiated a voluntary agreement with the producer and stewardship organization to remit the architectural paint stewardship assessment directly to the stewardship organization on behalf of the producer for the producer's architectural paint sold by the distributor or paint retailer in the state. The plan must include a proposed budget and a description of the process used to determine the architectural paint stewardship assessment. The architectural paint stewardship assessment must be added to the cost of all architectural paint sold to Washington paint retailers and distributors, unless the distributor or paint retailer has negotiated an agreement voluntarily with the producer and stewardship organization to remit the assessment directly to the stewardship organization on behalf of the producer for the producer's architectural paint sold by the distributor or paint retailer in the state. Each Washington paint retailer or distributor must add the assessment to the purchase price of all architectural paint sold in this state. Manufacturers may not require retailers to opt to participate in a voluntary remittance agreement;
(d) The establishment in the plan of a uniform architectural paint stewardship assessment for all architectural paint sold in this state, in order to ensure that the funding mechanism is equitable and sustainable. For purposes of establishing the assessment, the plan must categorize the sizes of paint containers sold at retail and determine a uniform assessment amount that applies to each category of container size. The architectural paint stewardship assessment must be sufficient to recover the costs of the architectural paint stewardship program. With the exception of the annual administration costs paid to the department under RCW 70A.515.060(4), the department may not control or have spending authority related to the funds received by the stewardship organization from the assessment. Funds received by the stewardship organization are not state funds and are not eligible to be transferred for other state purposes in an appropriations act. The plan must require that any surplus funds generated from the funding mechanism that exceed a reserve greater than the most recent year's operating expenditures be put back into the program to either increase and improve program services or reduce the cost of the program and the architectural paint stewardship assessment, or both;
(e) A review by an independent financial auditor of the proposed architectural paint stewardship assessment to ensure that any added cost to paint sold in the state as a result of the paint stewardship program does not exceed the costs of the program. In a report to the department, the independent auditor must verify that the amount added to each unit of paint will cover the costs of the paint stewardship program;
(f) Assignment to the department of responsibility for the approval of the architectural paint stewardship assessment based on the information provided in the plan and the auditor's report;
(g) A description of the educational outreach strategy to reduce the generation of leftover paint, to promote the reuse and recycling of leftover paint, for the overall collection of leftover paint, and for the proper end-of-life management of leftover paint. The strategies may be revised by a stewardship organization based on the information collected annually;
(h) A description of the reasonably convenient and available statewide collection system, including:
(i) A description of how the program will provide for reasonably convenient and available statewide collection of leftover paint from covered entities in urban and rural areas of the state, including island communities;
(ii) A description of how the program will incorporate existing public and private waste collection services and facilities for activities, which may include, but is not limited to:
(A) The reuse or processing of leftover architectural paint at the permanent collection site; and
(B) The collection, transportation, and recycling or proper disposal of leftover architectural paint;
(i) A description of how leftover paint will be managed using environmentally sound management practices, including reasonably following the paint waste management hierarchy of: Source reduction; reuse; recycling; energy recovery; and disposal;
(j) A description of education and outreach efforts to promote the paint stewardship program. The education and outreach efforts must include strategies for reaching all sectors of the population and describe how the paint stewardship program will evaluate the effectiveness of its education and outreach;
(k) A description of collection site procedural manuals for architectural paint products, including training procedures and electronic copies of materials that will be provided to collection sites; and
(l) A list of transporters that will be used to manage leftover paint collected by the stewardship organization and a list of potential processors to be used for final disposition.
(2)(a) To ensure adequate collection coverage, the plan must use geographic information modeling and the information required under subsection (1)(h) of this section to determine the number and distribution of collection sites based on the following criteria: At least ninety percent of Washington residents must have a permanent collection site within a fifteen-mile radius; and unless otherwise approved by the department, one additional permanent site must be established for every thirty thousand residents of an urbanized area and for every urban cluster of at least thirty thousand residents distributed to provide convenient and reasonably equitable access for residents within each.
(b) For the portion of the population that does not have a permanent collection location within a fifteen-mile radius, the plan must provide residents a reasonable opportunity to drop off leftover paint at collection events. The stewardship organization, in consultation with the department and the local community, will determine a reasonable frequency and location of these collection events, to be held in underserved areas. Special consideration is to be made for providing opportunities to island and geographically isolated populations.
(3)(a) Nothing in subsection (2) of this section prohibits a program plan from identifying an available curbside service for a specific area or population that provides convenient and reasonably equitable access for Washington residents that is at least equivalent to the level of convenience and access that would be provided by a collection site.
(b) A fee may not be charged at the time the unwanted paint is delivered or collected for management. However, this subsection (3)(b) does not prohibit collectors providing curbside services from charging customers a fee, as provided by city contract or by the Washington utilities and transportation commission under the authority of chapter 81.77 RCW, for the additional collection cost of providing this service.
(4) The program plan must utilize the existing public and private waste collection services and facilities where cost-effective and mutually agreeable.
(5) The program must utilize existing paint retail stores as collection sites where cost-effective and mutually agreeable.
(6) The plan must provide the collection site name and location of each site statewide in Washington accepting architectural paint under the program.
(7) A stewardship organization shall promote a paint stewardship program and provide consumers, covered entities, and paint retailers with educational and informational materials describing collection opportunities for leftover paint statewide, the architectural paint stewardship assessment used to finance the program, and promotion of waste prevention, reuse, and recycling. These materials may include, but are not limited to, the following:
(a) Signage that is prominently displayed and easily visible to the consumer;
(b) Written materials and templates of materials for reproduction by paint retailers to be provided to the consumer at the time of purchase or delivery, or both;
(c) Advertising or other promotional materials, or both, that include references to the architectural paint stewardship program; and
(d) An explanation that the architectural paint stewardship assessment has been added to the purchase price of architectural paint to fund the paint stewardship program in the state. The architectural paint stewardship assessment may not be described as a department recycling fee at the point of retail.
(8) A stewardship organization must submit a new plan or plan amendment to the department for approval when there is a change to the amount of the assessment, if required by the department, or every five years, if the department deems it necessary.
[ 2020 c 20 s 1459; 2019 c 344 s 4. Formerly RCW 70.375.040.]

catchline: Plan for the implementation of a paint stewardship program—Plan components—Funding mechanism—Collection—Promotion of a paint stewardship program—New plan or plan amendment.


title: RCW 70A.515.050

text:
(1) Each stewardship organization shall submit a paint stewardship program plan in accordance with RCW 70A.515.040.
(2) Each stewardship organization shall develop and distribute a collection site procedural manual to collection sites to help ensure proper management of architectural paints at collection locations.
(3) A stewardship organization shall implement the paint stewardship program plan by November 30, 2020, or within six months after approval of a paint stewardship program plan under RCW 70A.515.040, whichever is later.
(4) A stewardship organization shall submit an annual report by October 15, 2020, or a later date agreed to by the department, structured to be used as a basis for annual plan review by the department. The report must be based on the requirements outlined in RCW 70A.515.080.
(5) A stewardship organization shall work with producers, distributors, paint retailers, and local governments to provide consumers with educational and informational materials describing collection opportunities for leftover paint statewide and promotion of waste prevention, reuse, and recycling of leftover paint.
(6) A stewardship organization shall pay an annual administrative fee, described in RCW 70A.515.060, in an amount sufficient to cover only the department's cost of administering and enforcing a paint stewardship program established under this chapter.
[ 2020 c 20 s 1460; 2019 c 344 s 5. Formerly RCW 70.375.050.]

catchline: Paint stewardship program plan—Collection site procedural manual—Educational and informational materials—Annual administrative fee.


title: RCW 70A.515.060

text:
(1) The department shall review the plan within one hundred twenty days of receipt, and make a determination as to whether or not to approve the plan. The department shall provide a letter of approval for the plan if it provides for the establishment of a paint stewardship program that meets the requirements of RCW 70A.515.040 and 70A.515.050. If a plan is rejected, the department shall provide the reasons for rejecting the plan to the stewardship organization. The stewardship organization must submit a new plan within sixty days after receipt of the letter of disapproval.
(2) When a plan or an amendment to an approved plan is submitted under this section, the department shall make the proposed plan or amendment available for public review and comment for at least thirty days.
(3) The department shall provide oversight of a stewardship organization in the determination and implementation of the architectural paint stewardship assessment specified in RCW 70A.515.040(1).
(4) The department shall identify the costs it incurs under this chapter. The department shall set the fee at an amount that, when paid by every stewardship organization or producer that submits a plan, is adequate to reimburse the department's full costs of administering and enforcing this chapter. The total amount of annual fees collected under this subsection must not exceed the amount necessary to reimburse costs incurred by the department to enforce and administer this chapter.
(5) A stewardship organization or producer subject to this chapter must pay the department's administrative fee under this subsection on or before June 30, 2020, and annually thereafter. The annual administrative fee may not exceed five percent of the aggregate assessment added to the cost of all architectural paint sold by producers in the state for the preceding calendar year.
(6) The department shall enforce this chapter.
(a) The department may administratively impose a civil penalty on any person who violates this chapter in an amount of up to one thousand dollars per violation per day.
(b) The department may administratively impose a civil penalty of up to ten thousand dollars per violation per day on any person who intentionally, knowingly, or negligently violates this chapter.
(c) Any person who incurs a penalty under this section may appeal the penalty to the pollution control hearings board established by chapter 43.21B RCW.
(7) Upon the date the first plan is approved, the department shall post on its website a list of producers and their brands for which the department has approved a plan pursuant to RCW 70A.515.040. The department shall update the list of producers and brands participating under an approved program plan on a monthly basis based on information provided to the department from a stewardship organization.
(8) Upon a demonstration to the satisfaction of the department that a previously unlisted producer is in compliance with this chapter, within fourteen days the department must add the name of the producer to its website.
(9) The department shall review each annual report required pursuant to RCW 70A.515.080 within ninety days of its submission to ensure compliance with RCW 70A.515.080(1).
(10) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
[ 2020 c 20 s 1461; 2019 c 344 s 6. Formerly RCW 70.375.060.]

catchline: Department's review of the plan—Approval/rejection—Public review—Assessment, departmental oversight—Recovery of costs for administering and enforcing chapter—Administrative fee—Penalties—List of producers and brands on the department's website—Rules.


title: RCW 70A.515.070

text:
(1) A producer or paint retailer may not sell or offer for sale to any person in the state architectural paint unless the producer or brand of architectural paint is participating in an approved stewardship plan under this chapter. A retailer complies with the requirements of this section if, on the date the architectural paint was ordered from the producer or its agent, the producer of the paint was listed on the department's website as a producer participating in an approved paint stewardship program plan. However, a retailer may sell any paint purchased prior to July 28, 2019.
(2) A distributor or a paint retailer that distributes or sells architectural paint shall monitor the department's website to determine if the sale of a producer's architectural paint is in compliance with this chapter.
(3) At the time of sale to a consumer, a producer, a stewardship organization, or a paint retailer selling or offering architectural paint for sale in Washington shall provide the consumer with information regarding available end-of-life management options for leftover architectural paint collected through a paint stewardship program.
(4) Neither a paint retailer, nor any other retailer, is required to serve as a leftover paint collection facility.
(5) No fee may be charged at the time of delivery of leftover paint to a collection site.
[ 2019 c 344 s 7. Formerly RCW 70.375.070.]

catchline: Required participation in an approved stewardship plan—Information regarding available end-of-life paint management options.


title: RCW 70A.515.080

text:
(1) By October 15, 2020, and annually thereafter, a stewardship organization shall submit to the department a report describing the paint stewardship program that the stewardship organization implemented during the previous fiscal year. The report must include all of the following:
(a) A description of the methods the stewardship organization used to reduce, reuse, collect, transport, recycle, and process leftover paint statewide in Washington;
(b) The volume of latex and oil-based architectural paint collected by the stewardship organization in the preceding fiscal year in Washington, including any increase in total volume of paint collected each year, and the cost of the paint stewardship program per gallon of paint collected;
(c) The volume of latex and oil-based architectural paint collected by method of disposition, including reuse, recycling, energy recovery, and disposal;
(d) An estimate of the total weight of all paint containers recycled by the program;
(e) A list of all processors through final disposition that are used to manage leftover paint collected by the stewardship organization in the preceding year;
(f) A list of all the producers participating in the plan;
(g) The total volume of architectural paint sold in Washington during the preceding year based on the architectural paint stewardship assessment collected by the stewardship organization;
(h) An independent financial audit of the paint stewardship program implemented by the stewardship organization, including a breakdown of the program's expenses, such as collection, recycling, education, and overhead;
(i) The total cost of implementing the paint stewardship program broken out by administrative, collection, transportation and disposition, and communications costs;
(j) An evaluation of the effectiveness of the paint stewardship program from year to year, and anticipated steps, if needed, to improve performance throughout the state; and
(k) A summary of outreach and education activities undertaken and samples of the educational materials that the stewardship organization provided to consumers of architectural paint during the first year of the program and any changes to those materials in subsequent years.
(2) The department must make all reports submitted under this section available to the general public through the internet. Consistent with RCW 70A.515.130, valuable commercial information submitted to the department under this chapter is exempt from public disclosure under RCW 42.56.270. However, the department may use and disclose such information in summary or aggregated form as long as the disclosure does not directly or indirectly identify financial, production, or sales data of an individual producer or stewardship organization. The department is not required to notify individual producers prior to making available to the general public the reports submitted under this section or aggregated or summarized information from reports submitted under this section.
[ 2020 c 20 s 1462; 2019 c 344 s 8. Formerly RCW 70.375.080.]

catchline: Report.


title: RCW 70A.515.090

text:
Producers or stewardship organizations acting on behalf of producers that prepare, submit, and implement a paint stewardship program plan pursuant to RCW 70A.515.040 and thereby are subject to regulation by the department are granted immunity from state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce, for the limited purpose of planning, reporting, and operating a paint stewardship program and proposing and establishing the architectural paint stewardship assessment required in RCW 70A.515.040(1) (c) and (d).
[ 2020 c 20 s 1463; 2019 c 344 s 9. Formerly RCW 70.375.090.]

catchline: Immunity from certain state laws.


title: RCW 70A.515.100

text:
The paint product stewardship account is created in the state treasury. All receipts received by the department from stewardship organizations must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department only for administering and enforcing paint stewardship programs.
[ 2019 c 344 s 10. Formerly RCW 70.375.100.]

catchline: Paint product stewardship account.


title: RCW 70A.515.110

text:
This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection and recycling of architectural paint that substantially meets the intent of this chapter, including the creation of a funding mechanism for collection, transportation, recycling, and proper disposal of all architectural paint in the United States.
[ 2019 c 344 s 11. Formerly RCW 70.375.110.]

catchline: Chapter void if federal law establishes a national program.


title: RCW 70A.515.120

text:
Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide the service itself or by contract under RCW 81.77.020.
[ 2019 c 344 s 12. Formerly RCW 70.375.120.]

catchline: Authority of utilities and transportation commission.


title: RCW 70A.515.130

text:
(1) Except as provided in subsection (3) of this section, records, subject to chapter 42.56 RCW, filed with the department from any person that contain valuable commercial information, including trade secrets, confidential marketing, cost, or financial information, or customer-specific usage information, are not subject to inspection or copying under chapter 42.56 RCW. When providing information to the department, a person shall designate which records or portions of records contain valuable commercial information.
(2) Upon receipt of a request to disclose valuable commercial information submitted under this chapter, the department must provide notice to the person or persons whose information is subject to possible inspection or copying under chapter 42.56 RCW.
(3) Upon the notice provided under subsection (2) of this section of the possible inspection or copying of valuable commercial information pursuant to chapter 42.56 RCW, a person may petition the superior court for an order protecting the records as confidential. The superior court must determine that the records are confidential and are not subject to inspection or copying if disclosure would result in private loss, including an unfair competitive disadvantage. If a person does not obtain an order protecting submitted records as confidential within ten days of receiving a notice from the department under subsection (2) of this section, the department may make the records available for public inspection and copying pursuant to chapter 42.56 RCW.
[ 2019 c 344 s 13. Formerly RCW 70.375.130.]

catchline: Protection of certain records from public inspection.


title: RCW 70A.520.010

text:
(1) The legislature finds that:
(a) Convenient and environmentally sound product stewardship programs that include collecting, transporting, and reuse, recycling, or the proper end-of-life management of unwanted products help protect Washington's environment and the health of state residents;
(b) Unwanted products should be managed where priority is placed on prevention, waste reduction, source reduction, recycling, and reuse over energy recovery and landfill disposal; and
(c) Producers of plastic packaging should consider the design and management of their packaging in a manner that ensures minimal environmental impact. Producers of plastic packaging should be involved from design concept to end-of-life management to incentivize innovation and research to minimize environmental impacts.
(2) Additionally, the legislature finds that, through design and innovation, industry should strive to achieve the goals of recycling one hundred percent of packaging, using at least twenty percent postconsumer recycled content in packaging, and reducing plastic packaging when possible to optimize the use to meet the need.
(3) The legislature intends that the department, through a consultative process with industry and consumer interest, develop options to reduce plastic packaging in the waste stream for implementation by January 1, 2022.
[ 2019 c 460 s 1. Formerly RCW 70.380.010.]

catchline: Findings—Intent. (Expires July 1, 2029.)


title: RCW 70A.520.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Brand" means a name, symbol, word, or mark that identifies a product, rather than its components, and attributes the covered product to the owner of the brand as the producer.
(2) "Department" means the department of ecology.
(3) "Producer" means a person who has legal ownership of the brand, brand name, or cobrand of plastic packaging sold in or into Washington state.
(4) "Recycling" has the same meaning as defined in RCW 70A.205.015.
(5) "Stakeholder" means a person who may have an interest in or be affected by the management of plastic packaging.
[ 2020 c 20 s 1464; 2019 c 460 s 2. Formerly RCW 70.380.020.]

catchline: Definitions. (Expires July 1, 2029.)


title: RCW 70A.520.030

text:
(1) The department must evaluate and assess the amount and types of plastic packaging sold into the state as well as the management and disposal of plastic packaging. When conducting the evaluation, the department must ensure that producers, providers of solid waste management services, and stakeholders are consulted. The department must produce a report that includes:
(a) An assessment of the:
(i) Amount and types of plastic packaging currently produced in or coming into the state by category;
(ii) Full cost of managing plastic packaging waste, including the cost to ratepayers, businesses, and others, with consideration given to costs that are determined by volume or weight;
(iii) Final disposition of all plastic packaging sold into the state, based on current information available at the department;
(iv) Costs and savings to all stakeholders in existing product stewardship programs where they have been implemented including, where available, the specific costs for the management of plastic packaging;
(v) Infrastructure necessary to manage plastic packaging in the state;
(vi) Contamination and sorting issues facing the current plastic packaging recycling stream; and
(vii) Existing organizations and databases for managing plastic packaging that could be employed for use in developing a program in the state;
(b) A compilation of:
(i) All the programs currently managing plastic packaging in the state, including all end-of-life management and litter and contamination cleanup; and
(ii) Existing studies regarding the final disposition of plastic packaging and material recovery facilities residual composition, including data on cross-contamination of other recyclables, contamination in compost, and brand data in litter when available;
(c) A review and identification of businesses in Washington that use recycled plastic material as a feedstock or component of a product produced by the company; and
(d) A review of industry and any other domestic or international efforts and innovations to reduce, reuse, and recycle plastic and chemically recycle packaging, utilize recycled content in packaging, and develop new programs, systems, or technologies to manage plastics including innovative technologies such as pyrolysis and gasification processes to divert recoverable polymers and other materials away from landfills and into valuable raw, intermediate, and final products.
(2) The department must contract with a third-party independent consultant to conduct the evaluation and assessment as required under subsection (1) of this section. In developing the recommendations, the department must ensure consistency with the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et. seq).
(3)(a) By October 31, 2020, the department must submit a report on the evaluation and assessment of plastic packaging to the appropriate committees of the legislature. The department must cite the sources of information that it relied upon in the report and that the independent consultant relied upon in the assessment, including any sources of peer-reviewed science.
(b) The report required under this subsection must include:
(i) Findings regarding amount and types of plastic packaging sold into the state as well as the management and disposal of plastic packaging;
(ii) Recommendations to meet the goals of reducing plastic packaging, including through industry initiative or plastic packaging product stewardship, or both, to:
(A) Achieve one hundred percent recyclable, reusable, or compostable packaging in all goods sold in Washington by January 1, 2025;
(B) Achieve at least twenty percent postconsumer recycled content in packaging by January 1, 2025; and
(C) Reduce plastic packaging when possible optimizing the use to meet the need; and
(iii) For the purposes of legislative consideration, options to meet plastic packaging reduction goals, that are capable of being established and implemented by January 1, 2022. For proposed options, the department must identify expected costs and benefits of the proposal to state and local government agencies to administer and enforce the rule, and to private persons or businesses, by category of type of person or business affected.
[ 2019 c 460 s 3. Formerly RCW 70.380.030.]

catchline: Evaluation and assessment—Report to the legislature. (Expires July 1, 2029.)


title: RCW 70A.520.900

text:
This chapter expires July 1, 2029.
[ 2019 c 460 s 4. Formerly RCW 70.380.900.]

catchline: Expiration date.


title: RCW 70A.525.005

text:
The legislature finds that creating labeling standards for disposable wipes products will protect public health, the environment, water quality, and public infrastructure used for the collection, transport, and treatment of wastewater. It is not the intent of the legislature to address standards for flushability with this chapter.
[ 2020 c 121 s 1.]

catchline: Finding.


title: RCW 70A.525.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Covered entity" means a manufacturer of a covered product and a wholesaler, supplier, or retailer that has contractually undertaken responsibility to the manufacturer for the "do not flush" labeling of a covered product.
(2) "Covered product" means a nonflushable nonwoven disposable wipe that is a premoistened wipe constructed from nonwoven sheets and designed and marketed for diapering, personal hygiene, or household hard surface cleaning purposes. A nonflushable nonwoven disposable wipe excludes any wipe product designed or marketed for cleaning or medicating the anorectal or vaginal areas on the human body and labeled "flushable," "sewer safe," "septic safe," or otherwise indicating that the product is appropriate for disposal in a toilet including, but not limited to, premoistened toilet tissue.
(3) "Label" means to represent by statement, word, picture, design, or emblem on a covered product package.
(4) "Principal display panel" means the side of a product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale. The term is further defined as follows:
(a) In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel constitutes forty percent of the product package, as measured by multiplying the height of the container times the circumference.
(b) In the case of a flexible film package, in which a rectangular prism or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel constitutes the length times the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.
[ 2020 c 121 s 2.]

catchline: Definitions.


title: RCW 70A.525.020

text:
(1) A covered entity must clearly and conspicuously label a package containing a covered product as "do not flush" as follows:
(a) Use the "do not flush" symbol, or a gender equivalent thereof, described in the INDA/EDANA code of practice 2 (COP2, as published in "Guidelines for Assessing the Flushability of Disposable Nonwoven Products," Edition 4, May 2018, by INDA/EDANA);
(b) Place the symbol on the principal display panel in a prominent and reasonably visible location on the package which, in the case of packaging intended to dispense individual wipes, is permanently affixed in a location that is visible to a person each time a wipe is dispensed from the package;
(c) Size the symbol to cover at least two percent of the surface area of the principal display panel on which the symbol is presented;
(d) Ensure the symbol is not obscured by packaging seams, folds, or other package design elements;
(e) Ensure the symbol has sufficiently high contrast with the immediate background of the packaging to render it likely to be read by the ordinary individual under customary conditions of purchase and use. In the case of a printed symbol, "high contrast" is defined as follows:
(i) Provided with either a light symbol on a dark background or a dark symbol on a light background; and
(ii) A minimum level or percentage of contrast between the symbol artwork and the background of at least 70 percent. Contrast in percent is determined by:
(A) Contrast = (B1 - B2) x 100 / B1; and
(B) Where B1 = light reflectance value of the lighter area and B2 = light reflectance value of the darker area ; and
(2) Beginning January 1, 2023, no package containing a covered product manufactured on or before July 1, 2022, may be offered for distribution or sale in the state unless the covered product is labeled consistent with the requirements of subsection (1) of this section.
[ 2023 c 172 s 2; 2020 c 121 s 3.]
Notes:
Effective date—2023 c 172: See note following RCW 70A.525.901.

catchline: Labeling requirements.


title: RCW 70A.525.030

text:
Upon a request by a city or a county, a covered entity must submit to the requesting entity, within ninety days of the request, nonconfidential business information and documentation demonstrating compliance with this chapter, in a format that is easy to understand.
[ 2020 c 121 s 4.]

catchline: Documentation demonstrating compliance with chapter.


title: RCW 70A.525.040

text:
(1) Cities and counties have concurrent and exclusive authority to enforce this chapter and to collect civil penalties for a violation of this chapter, subject to the conditions in this section. An enforcing government entity may impose a civil penalty in the amount of up to two thousand dollars for the first violation of this chapter, up to five thousand dollars for the second violation of this chapter, and up to ten thousand dollars for the third and any subsequent violation of this chapter. If a covered entity has paid a prior penalty for the same violation to a different government entity with enforcement authority under this subsection, the penalty imposed by a government entity is reduced by the amount of the payment.
(2) Any civil penalties collected pursuant to this section must be paid to the enforcing governmental entity that brought the action.
(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to chapter 19.86 RCW or other consumer protection laws, if applicable.
(4) In addition to penalties recovered under this section, the enforcing government entity may recover reasonable enforcement costs and attorneys' fees from the liable covered entity.
[ 2020 c 121 s 5.]

catchline: Enforcement of chapter—Civil penalties.


title: RCW 70A.525.050

text:
Covered entities that violate the requirements of this chapter are subject to civil penalties described in RCW 70A.525.040. A specific violation is deemed to have occurred upon the sale of a noncompliant product package. The repeated sale of the same noncompliant product package is considered part of the same, single violation. A city or county must send a written notice of an alleged violation and a copy of the requirements of this chapter to a noncompliant covered entity, which will have ninety days to become compliant. A city or county may assess a first penalty if the covered entity has not met the requirements of this chapter ninety days following the date the notification was sent. A city or county may impose a second, third, and subsequent penalties on a covered entity that remains noncompliant with the requirements of this chapter for every month of noncompliance.
[ 2020 c 121 s 6.]

catchline: Violation of chapter—Written notice—First and subsequent penalties.


title: RCW 70A.525.900

text:
This act takes effect July 1, 2022.
[ 2020 c 121 s 8.]

catchline: Effective date—2020 c 121.


title: RCW 70A.525.901

text:
(1) If a covered product in commerce in Washington as of July 1, 2023, is required to be registered by the United States environmental protection agency under the federal insecticide, fungicide, and rodenticide act (7 U.S.C. Sec. 136 et seq. (1996)) or the department of agriculture under RCW 15.58.050, the covered entity for the covered product must, to the extent permitted under the federal insecticide, fungicide, and rodenticide act, submit a label compliant with the labeling requirements of RCW 70A.525.020 by July 1, 2023, to the United States environmental protection agency. Upon approval of the label by the United States environmental protection agency, the covered entity must submit a label to the department of agriculture for approval consistent with the requirements of chapter 15.58 RCW. Except as provided in subsections (3) and (4) of this section, covered products manufactured by a covered entity must comply with the requirements of RCW 70A.525.020, beginning with whichever covered products are manufactured later:
(a) Covered products manufactured on or after a date 24 months after a covered entity receives label approval from the United States environmental protection agency; or
(b) Covered products manufactured on or after July 1, 2025.
(2) For covered products newly introduced into commerce in Washington after July 1, 2023, the covered entity must begin complying with the requirements of RCW 70A.525.020 on July 1, 2025, except as provided in subsections (3) and (4)(a) of this section.
(3) If the United States environmental protection agency or the department of agriculture do not approve a product label that otherwise complies with the labeling requirements of RCW 70A.525.020, the covered entity must use a label that meets as many of the requirements of RCW 70A.525.020 as the department and the United States environmental protection agency have approved.
(4)(a) A covered entity may include on a covered product words or phrases in addition to those required under this chapter if the words or phrases are necessary for a label to obtain approval from the United States environmental protection agency or the department of agriculture.
(b) A covered entity specified in subsection (1) of this section that has not yet received approval of a label for a covered product from the department of agriculture 24 months after approval of the label by the United States environmental protection agency is in compliance with the requirements of this chapter if the covered entity, upon request, provides evidence of the timely submission of the label to the department of agriculture under subsection (1) of this section.
[ 2023 c 172 s 1; 2020 c 121 s 9.]
Notes:
Effective date—2023 c 172: "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 [April 25, 2023]." [ 2023 c 172 s 4.]

catchline: Application to certain products.


title: RCW 70A.525.902

text:
This chapter preempts all existing or future laws enacted by a county, city, town, or other political subdivision of the state regarding the labeling of a covered product. Nothing in this section is intended to preempt the enforcement authority of a city or county as provided under RCW 70A.525.040 and 70A.525.050.
[ 2020 c 121 s 10.]

catchline: Preemption by chapter.


title: RCW 70A.530.005

text:
(1) State policy has long placed waste reduction as the highest priority in the collection, handling, and management of solid waste. Reducing plastic bag waste holds particular importance among state waste reduction efforts for a number of reasons:
(a) Single-use plastic carryout bags are made of nonrenewable resources and never biodegrade; instead, over time, they break down into tiny particles. Single-use plastic carryout bags, and the particles they break into, are carried into rivers, lakes, Puget Sound, and the world's oceans, posing a threat to animal life and the food chain;
(b) Plastic bags are one of the most commonly found items that litter state roads, beaches, and other public spaces; and
(c) Even when plastic bags avoid the common fate of becoming litter, they are a drain on public resources and a burden on environment and resource conservation goals. For example, if plastic bags are disposed of in commingled recycling systems rather than as garbage or in retailer drop-off programs, they clog processing and sorting machinery, resulting in missorted materials and costly inefficiencies that are ultimately borne by utility ratepayers. Likewise, when green or brown-tinted plastic bags confuse consumers into attempting to dispose of them as compost, the resultant plastic contamination undercuts the ability to use the compost in gardens, farms, landscaping, and surface water and transportation projects.
(2) Alternatives to single-use plastic carryout bags are convenient, functional, widely available, and measure as superior across most environmental performance metrics. Alternatives to single-use plastic carryout bags feature especially superior environmental performance with respect to litter and marine debris, since plastic bags do not biodegrade.
(3) As of 2020, many local governments in Washington have shown leadership in regulating the use of single-use plastic carryout bags. This local leadership has shown the value of establishing state standards that will streamline regulatory inconsistency and reduce burdens on covered retailers caused by a patchwork of inconsistent local requirements across the state.
(4) Data provided from grocery retailers has shown that requests for paper bags have skyrocketed where plastic bag bans have been implemented. To accommodate the anticipated consequences of a statewide plastic bag ban, it is rational to expect additional capacity will be needed in Washington state for manufacturing paper bags. The legislature intends to provide that capacity by prioritizing and expediting siting and permitting of expansions or reconfiguring for paper manufacturing.
(5) Therefore, in order to reduce waste, litter, and marine pollution, conserve resources, and protect fish and wildlife, it is the intent of the legislature to:
(a) Prohibit the use of single-use plastic carryout bags;
(b) Require a pass-through charge on compliant paper carryout bags and reusable carryout bags made of film plastic, to encourage shoppers to bring their own reusable carryout bags;
(c) Require that bags provided by a retail establishment contain recycled content or derive from nonwood renewable fiber; and
(d) Encourage the provision of reusable and compliant paper carryout bags by retail establishments.
[ 2021 c 33 s 3; 2020 c 138 s 1.]
Notes:
Application of RCW 82.32.805 and 82.32.808—2020 c 138: "RCW 82.32.805 and 82.32.808 do not apply to this act." [ 2020 c 138 s 9.]

catchline: Intent.


title: RCW 70A.530.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Carryout bag" means any bag that is provided by a retail establishment at home delivery, the check stand, cash register, point of sale, or other point of departure to a customer for use to transport or carry away purchases.
(2) "Compliant paper carryout bag" means a paper carryout bag provided by a retail establishment to a customer that meets the requirements in RCW 70A.530.020(6)(a).
(3) "Department" means the department of ecology.
(4) "Nonwood renewable fiber" means plant-based fiber derived from wheat straw grown in North America.
(5) "Pass-through charge" means a charge to be collected and retained by retail establishments from their customers when providing compliant paper carryout bags and reusable carryout bags made of film plastic.
(6) "Retail establishment" means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides food, merchandise, goods, or materials directly to a customer including home delivery, temporary stores, or vendors at farmers markets, street fairs, and festivals.
(7) "Reusable carryout bag" means a carryout bag made of cloth or other durable material with handles that is specifically designed and manufactured for long-term multiple reuse and meets the requirements of RCW 70A.530.020(6)(b).
(8) "Single-use plastic carryout bag" means any carryout bag that is made from plastic that is designed and suitable only to be used once and disposed.
[ 2021 c 33 s 1; 2020 c 138 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.


title: RCW 70A.530.020

text:
(1) Beginning January 1, 2021, except as provided in this section and RCW 70A.530.030, a retail establishment may not provide to a customer or a person at an event:
(a) A single-use plastic carryout bag;
(b) A paper carryout bag that does not meet the requirements of subsection (6)(a) of this section or a reusable carryout bag made of film plastic that does not meet recycled content requirements; or
(c) Beginning January 1, 2028, a reusable carryout bag made of film plastic with a thickness of less than four mils, in the event that the 2026 legislature does not amend this section to reflect the recommendations to the legislature made consistent with RCW 70A.530.060.
(2)(a) A retail establishment may provide a reusable carryout bag or a compliant paper carryout bag of any size to a customer at the point of sale. A retail establishment may make reusable carryout bags available to customers through sale.
(b)(i) Until December 31, 2025, a retail establishment must collect a pass-through charge of eight cents for every compliant paper carryout bag with a manufacturer's stated capacity of one-eighth barrel (eight hundred eighty-two cubic inches) or greater or reusable carryout bag made of film plastic it provides, except as provided in subsection (5) of this section and RCW 70A.530.030.
(ii) Beginning January 1, 2026, a retail establishment must collect a pass-through charge of twelve cents for reusable carryout bags made of film plastic and eight cents for compliant paper carryout bags.
(iii) Until December 31, 2027, a retail establishment that offers for sale a reusable carryout bag made of film plastic with a thickness equal to or greater than four mils shall collect, in addition to the 12 cent pass-through charge, a four cent penalty. The penalty shall be deposited in the waste reduction, recycling, and litter control account under RCW 70A.200.140.
(c) A retail establishment must keep all revenue from pass-through charges, not including the penalty provided under (b)(iii) of this subsection. The pass-through charge is a taxable retail sale. A retail establishment must show all pass-through charges and penalties on a receipt provided to the customer.
(3) Carryout bags provided by a retail establishment do not include:
(a) Bags used by consumers inside stores to:
(i) Package bulk items, such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items such as nails, bolts, or screws;
(ii) Contain or wrap items where dampness or sanitation might be a problem including, but not limited to:
(A) Frozen foods;
(B) Meat;
(C) Fish;
(D) Flowers; and
(E) Potted plants;
(iii) Contain unwrapped prepared foods or bakery goods;
(iv) Contain prescription drugs; or
(v) Protect a purchased item from damaging or contaminating other purchased items when placed in a compliant paper carryout bag or reusable carryout bag; or
(b) Newspaper bags, mailing pouches, sealed envelopes, door hanger bags, laundry/dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, or pet waste.
(4)(a) Any compostable film bag that a retail establishment provides to customers for products, including for products bagged in stores prior to checkout, must meet the requirements for compostable products and film bags in chapter 70A.455 RCW.
(b) A retail establishment may not use or provide polyethylene or other noncompostable plastic bags for bagging of customer products in stores, as carryout bags, or for home delivery that do not meet the requirements for noncompostable products and film bags in chapter 70A.455 RCW.
(5) Except as provided by local regulations enacted as of April 1, 2020, a retail establishment may provide a bag restricted under subsection (1) of this section from existing inventory until one year after June 11, 2020. The retail establishment, upon request by the department, must provide purchase invoices, distribution receipts, or other information documenting that the bag was acquired prior to June 11, 2020.
(6) For the purposes of this section:
(a) A compliant paper carryout bag must:
(i) Contain a minimum of forty percent postconsumer recycled materials, a minimum of 40 percent nonwood renewable fiber, or a combination of postconsumer recycled materials and nonwood renewable fiber that totals at least 40 percent;
(ii) Be capable of composting, consistent with the timeline and specifications of the entire American society of testing materials D6868 and associated test methods that must be met, as it existed as of January 1, 2020; and
(iii) Display in print on the exterior of the paper bag the minimum percentage of postconsumer content, wheat straw fiber content, or both.
(b) A reusable carryout bag must:
(i) Have a minimum lifetime of one hundred twenty-five uses, which for purposes of this subsection means the capacity to carry a minimum of twenty-two pounds one hundred twenty-five times over a distance of at least one hundred seventy-five feet;
(ii) Be machine washable or made from a durable material that may be cleaned or disinfected; and
(iii) If made of film plastic:
(A) Be made from a minimum of twenty percent postconsumer recycled content until July 1, 2022, and thereafter must be made from a minimum of forty percent postconsumer recycled content;
(B) Display in print on the exterior of the plastic bag the minimum percentage of postconsumer recycled content, the mil thickness, and that the bag is reusable; and
(C) Have a minimum thickness of no less than 2.25 mils until December 31, 2027, and beginning January 1, 2028, must have a minimum thickness of four mils.
(c) Except for the purposes of subsection (4) of this section, food banks and other food assistance programs are not retail establishments, but are encouraged to take actions to reduce the use of single-use plastic carryout bags.
[ 2025 c 312 s 3. Prior: 2021 c 65 s 78; 2021 c 65 s 77; 2021 c 33 s 2; 2020 c 138 s 3.]
Notes:
Findings—Intent—2025 c 312: See note following RCW 70A.200.060.
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.

catchline: Retail establishments—Limitations on carryout bags.


title: RCW 70A.530.030

text:
It is a violation of RCW 70A.530.020 for any retail establishment to pay or otherwise reimburse a customer for any portion of the pass-through charge; provided that retail establishments may not collect a pass-through charge from anyone using a voucher or electronic benefits card issued under the women, infants, and children (WIC) or temporary assistance for needy families (TANF) support programs, or the federal supplemental nutrition assistance program (SNAP, also known as basic food), or the Washington state food assistance program (FAP).
[ 2020 c 138 s 4.]
Notes:
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.

catchline: Payment for any portion of pass-through charge—Violation of RCW 70A.530.020.


title: RCW 70A.530.040

text:
(1) Until June 1, 2025, the department shall prioritize the expedited processing of applications for permits related to the expansion or reconfiguration of an existing pulp and paper mill for the purpose of manufacturing paper bags or raw materials used to manufacture paper bags.
(2) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
(3) The enforcement of this chapter must be based primarily on complaints filed with the department and local governments. The department must establish a forum for the filing of complaints. Local governments and any person may file complaints with the department using the forum and local governments may review complaints filed with the department via the forum for purposes of the local government carrying out education and outreach to retail establishments. The forum established by the department may include a complaint form on the department's website, a telephone hotline, or a public outreach strategy relying upon electronic social media to receive complaints that allege violations. The department, in collaboration with the local governments, must provide education and outreach activities to inform retail establishments, consumers, and other interested individuals about the requirements of this chapter.
(4) The department or local government shall work with retail establishments, retail associations, unions, and other organizations to create educational elements regarding the ban and the benefits of reusable carryout bags. Educational elements may include signage at store locations, informational literature, and employee training by October 1, 2020.
(5) Retail establishments are encouraged to educate their staff to promote reusable bags as the best option for carryout bags and to post signs encouraging customers to use reusable carryout bags.
(6) A violation of this chapter is subject to a civil penalty of up to two hundred fifty dollars. Each calendar day of operation or activity in violation of this chapter comprises a new violation. Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
(7) If specific funding for the purposes of chapter 138, Laws of 2020, referencing chapter 138, Laws of 2020 by bill or chapter number, is not provided by July 1, 2020, from the waste reduction, recycling, and litter control account for purposes of implementing the education and outreach activities required under this section, then chapter 138, Laws of 2020 is null and void.
[ 2020 c 138 s 5.]
Notes:
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.

catchline: Pulp and paper mill expansion or reconfiguration—Adoption of rules—Enforcement of chapter—Education—Civil penalty.


title: RCW 70A.530.050

text:
(1) Except as provided in subsection (2) of this section, a city, town, county, or municipal corporation may not implement a local carryout bag ordinance. Except as provided in subsection (2) of this section, any carryout bag ordinance that was enacted as of April 1, 2020, is preempted by this chapter.
(2)(a) A city, town, county, or municipal corporation carryout bag ordinance enacted as of April 1, 2020, that has established a pass-through charge of ten cents is not preempted with respect to the amount of the pass-through charge until January 1, 2026.
(b) A city, town, county, or municipal corporation ordinance not specified in (a) of this subsection and enacted as of April 1 2020, is not preempted until January 1, 2021.
[ 2020 c 138 s 6.]
Notes:
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.

catchline: Preemption of local ordinances.


title: RCW 70A.530.060

text:
(1) By December 1, 2024, the department of commerce, in consultation with the department, must submit a report to the appropriate committees of the legislature in order to allow an opportunity for the legislature to amend the mil thickness requirements for reusable carryout bags made of film plastic, the amount of the pass-through charges for bags, or to make other needed revisions to this chapter during the 2025 legislative session. The report required under this section must include:
(a) An assessment of the effectiveness of the pass-through charge for reducing the total volume of bags purchased and encouraging the use of reusable carryout bags;
(b) An assessment of the sufficiency of the amount of the pass-through charge allowed under chapter 70A.530 RCW [this chapter] relative to the cost of the authorized bags to retail establishments and an assessment of the pricing and availability of various types of carryout bags. For purposes of conducting this assessment, the department and the department of commerce may request, but not require, retail establishments and bag distributors to furnish information regarding the cost of various types of paper and plastic carryout bags provided to retail establishments; and
(c) Recommendations for revisions to chapter 70A.530 RCW [this chapter], if needed.
(2) This section expires July 1, 2027.
[ 2020 c 138 s 7.]
Notes:
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.

catchline: Report to the legislature. (Expires July 1, 2027.)


title: RCW 70A.535.005

text:
(1) The legislature finds that rapid innovations in low carbon transportation technologies, including electric vehicles and clean transportation fuels, are at the threshold of widespread commercial deployment. In order to help prompt the use of clean fuels, other states have successfully implemented programs that reduce the carbon intensity of their transportation fuels. California and Oregon have both implemented low carbon fuel standards that are similar to the program created in chapter 317, Laws of 2021, and both states have experienced biofuel sector growth and have successfully sited large biofuel projects that had originally been planned for Washington. Washington state has extensively studied the potential impact of a clean fuels program, and most projections show that a low carbon fuel standard would decrease greenhouse gas and conventional air pollutant emissions, while positively impacting the state's economy.
(2) The legislature further finds that the health and welfare of the people of the state of Washington is threatened by the prospect of crumbling or swamped coastlines, rising water, and more intense forest fires caused by higher temperatures and related droughts, all of which are intensified and made more frequent by the volume of greenhouse gas emissions. As of 2017, the transportation sector contributes 45 percent of Washington's greenhouse gas emissions, and the legislature's interest in the life cycle of the fuels used in the state arises from a concern for the effects of the production and use of these fuels on Washington's environment and public health, including its air quality, snowpack, and coastline.
(3) Therefore, it is the intent of the legislature to support the deployment of clean transportation fuel technologies through a carefully designed program that reduces the carbon intensity of fuel used in Washington, in order to:
(a) Reduce levels of conventional air pollutants from diesel and gasoline that are harmful to public health;
(b) Reduce greenhouse gas emissions associated with transportation fuels, which are the state's largest source of greenhouse gas emissions; and
(c) Create jobs and spur economic development based on innovative clean fuel technologies.
[ 2021 c 317 s 1.]
Notes:
Severability—2021 c 317: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. In the event that there is litigation on the provisions of section 3(6) of this act or any other provision of this act, it is the intent of the legislature that the remainder of the act shall continue to be enforced and if such provisions are held invalid, the remainder of the act shall not be affected." [ 2021 c 317 s 31.]

catchline: Findings—Intent—2021 c 317.


title: RCW 70A.535.010

text:
The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "Alternative jet fuel" means a fuel that can be blended and used with conventional petroleum jet fuels without the need to modify aircraft engines and existing fuel distribution infrastructure, and that have a lower carbon intensity than the applicable annual carbon intensity standard in Table 2 of WAC 173-424-900, as it existed on July 1, 2023. Alternative jet fuel includes jet fuels derived from coprocessed feedstocks at a conventional petroleum refinery.
(2) "Carbon dioxide equivalents" has the same meaning as defined in RCW 70A.45.010.
(3) "Carbon intensity" means the quantity of life-cycle greenhouse gas emissions, per unit of fuel energy, expressed in grams of carbon dioxide equivalent per megajoule (gCO2e/MJ).
(4) "Clean fuels program" means the requirements established under this chapter.
(5) "Cost" means an expense connected to the manufacture, distribution, or other aspects of the provision of a transportation fuel product.
(6) "Credit" means a unit of measure generated when a transportation fuel with a carbon intensity that is less than the applicable standard adopted by the department under RCW 70A.535.025 is produced, imported, or dispensed for use in Washington, such that one credit is equal to one metric ton of carbon dioxide equivalents. A credit may also be generated through other activities consistent with this chapter.
(7) "Deficit" means a unit of measure generated when a transportation fuel with a carbon intensity that is greater than the applicable standard adopted by the department under RCW 70A.535.025 is produced, imported, or dispensed for use in Washington, such that one deficit is equal to one metric ton of carbon dioxide equivalents.
(8) "Department" means the department of ecology.
(9) "Electric utility" means a consumer-owned utility or investor-owned utility, as those terms are defined in RCW 19.29A.010.
(10) "Greenhouse gas" has the same meaning as defined in RCW 70A.45.010.
(11) "Military tactical vehicle" means a motor vehicle owned by the United States department of defense or the United States military services and that is used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.
(12) "Motor vehicle" has the same meaning as defined in RCW 46.04.320.
(13) "Price" means the amount of payment or compensation provided as consideration for a specified quantity of transportation fuel by a consumer or end user of the transportation fuel.
(14) "Registered party" means a regulated party or credit generator registered under RCW 70A.535.070.
(15) "Regulated party" means a producer or importer of any amount of a transportation fuel that is ineligible to generate credits under this chapter.
(16)(a) "Tactical support equipment" means equipment using a portable engine, including turbines, that meets military specifications, owned by the United States military services or its allies, and that is used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.
(b) "Tactical support equipment" includes, but is not limited to, engines associated with portable generators, aircraft start carts, heaters, and lighting carts.
(17) "Transportation fuel" means electricity and any liquid or gaseous fuel sold, supplied, offered for sale, or used for the propulsion of a motor vehicle or that is intended for use for transportation purposes.
[ 2025 c 319 s 5. Prior: 2023 c 232 s 2; 2022 c 182 s 409; 2021 c 317 s 2.]
Notes:
Effective date—2023 c 232 ss 1-7: "Sections 1 through 7 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2023." [ 2023 c 232 s 16.]
Intent—2023 c 232: "The legislature intends to use funds from the climate commitment act to promote the production and use of sustainable aviation fuels, thereby growing the clean energy sector, addressing greenhouse gas emissions, and creating family wage manufacturing jobs in Washington. Sustainable aviation fuels represent the most significant near and midterm opportunity for aviation to reduce its greenhouse gas emissions. The use of sustainable aviation fuels will also improve air quality for airport workers and communities surrounding airports. While many efforts are underway to advance the use of sustainable aviation fuels, this act is intended to assist and accelerate those efforts." [ 2023 c 232 s 1.]
Automatic expiration date exemption—2023 c 232: See note following RCW 82.04.287.
Effective date—2022 c 182 ss 313, 408-414, and 421: See note following RCW 82.21.030.
Intent—2022 c 182: See note following RCW 70A.65.240.
Severability—2021 c 317: See note following RCW 70A.535.005.