title: RCW 70A.325.010

text:
Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Accidental release" means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action, bodily injury, or property damage neither expected nor intended by the owner or operator.
(2) "Director" means the Washington pollution liability insurance program director.
(3) "Bodily injury" means bodily injury, sickness, or disease sustained by any person, including death at any time resulting from the injury, sickness, or disease.
(4) "Corrective action" means those actions reasonably required to be undertaken by the insured to remove, treat, neutralize, contain, or clean up an accidental release in order to comply with any statute, ordinance, rule, regulation, directive, order, or similar legal requirement of the United States, the state of Washington, or any political subdivision of the United States or the state of Washington in effect at the time of an accidental release. "Corrective action" includes, when agreed to in writing, in advance by the insurer, action to remove, treat, neutralize, contain, or clean up an accidental release to avert, reduce, or eliminate the liability of the insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.
"Corrective action" does not include:
(a) Replacement or repair of storage tanks or other receptacles;
(b) Replacement or repair of piping, connections, and valves of storage tanks or other receptacles;
(c) Excavation or backfilling done in conjunction with (a) or (b) of this subsection; or
(d) Testing for a suspected accidental release if the results of the testing indicate that there has been no accidental release.
(5) "Defense costs" include the costs of legal representation, expert fees, and related costs and expenses incurred in defending against claims or actions brought by or on behalf of:
(a) The United States, the state of Washington, or any political subdivision of the United States or state of Washington to require corrective action or to recover costs of corrective action; or
(b) A third party for bodily injury or property damage caused by an accidental release.
(6) "Washington pollution liability insurance program" or "program" means the reinsurance program created by this chapter.
(7) "Insured" means the owner or operator who is provided insurance coverage in accordance with this chapter.
(8) "Insurer" means the insurance company or risk retention group licensed or qualified to do business in Washington and authorized by the director to provide insurance coverage in accordance with this chapter.
(9) "Loss reserve" means the amount traditionally set aside by commercial liability insurers for costs and expenses related to claims that have been made. "Loss reserve" does not include losses that have been incurred but not reported to the insurer.
(10) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a release from an underground storage tank.
(11) "Operator" means a person in control of, or having responsibility for, the daily operation of an underground storage tank.
(12) "Owner" means a person who owns an underground storage tank.
(13) "Person" means an individual, trust, firm, joint stock company, corporation (including government corporation), partnership, association, consortium, joint venture, commercial entity, state, municipality, commission, political subdivision of a state, interstate body, the federal government, or any department or agency of the federal government.
(14) "Petroleum" means crude oil or any fraction of crude oil that is liquid at standard conditions of temperature and pressure, which means at sixty degrees Fahrenheit and 14.7 pounds per square inch absolute and includes gasoline, kerosene, heating oils, and diesel fuels.
(15) "Property damage" means:
(a) Physical injury to, destruction of, or contamination of tangible property, including the loss of use of the property resulting from the injury, destruction, or contamination; or
(b) Loss of use of tangible property that has not been physically injured, destroyed, or contaminated but has been evacuated, withdrawn from use, or rendered inaccessible because of an accidental release.
(16) "Release" means the emission, discharge, disposal, dispersal, seepage, or escape of petroleum from an underground storage tank into or upon land, groundwater, surface water, subsurface soils, or the atmosphere.
(17) "Surplus reserve" means the amount traditionally set aside by commercial property and casualty insurance companies to provide financial protection from unexpected losses and to serve, in part, as a measure of an insurance company's net worth.
(18) "Tank" means a stationary device, designed to contain an accumulation of petroleum, that is constructed primarily of nonearthen materials such as wood, concrete, steel, or plastic that provides structural support.
(19) "Underground storage tank" means any one or a combination of tanks including underground pipes connected to the tank, that is used to contain an accumulation of petroleum and the volume of which (including the volume of the underground pipes connected to the tank) is ten percent or more beneath the surface of the ground.
[ 1990 c 64 s 2; 1989 c 383 s 2. Formerly RCW 70.148.010.]

catchline: Definitions. (Expires July 1, 2030.)


doc_type: statute

jurisdiction: wa

title: RCW 70A.325.020

text:
(1) The pollution liability insurance program trust account is established in the custody of the state treasurer.
(a) The following moneys must be deposited in the account:
(i) All moneys specified in RCW 82.23A.020 for deposit into the account;
(ii) All moneys appropriated to carry out the purposes of this chapter and all premiums collected for reinsurance under this chapter; and
(iii) All moneys specified in RCW 70A.545.080.
(b) Except as provided in chapter 70A.345 RCW, expenditures from the account must be used exclusively for:
(i) The purposes of this chapter, including payment of costs of administering the pollution liability insurance program and emergency program; and
(ii) The purposes of chapter 70A.545 RCW, including, but not limited to, establishing and administering the state financial assurance program for petroleum underground storage tanks authorized by chapter 70A.545 RCW.
(c) Expenditures for payment of administrative and operating costs of the agency are subject to the allotment procedures under chapter 43.88 RCW and may be made only after appropriation by statute. No appropriation is required for other expenditures from the account.
(2) Each calendar quarter, the director shall report to the insurance commissioner the loss and surplus reserves required for the calendar quarter. The director shall notify the department of revenue of this amount by the 15th day of each calendar quarter.
[ 2023 c 170 s 18. Prior: 2020 c 156 s 4; 2020 c 20 s 1383; 2019 c 413 s 7034; prior: 2016 sp.s. c 35 s 6013; 2016 c 161 s 15; 2013 2nd sp.s. c 4 s 993; 2012 1st sp.s. c 3 s 1; 2006 c 276 s 1; 2005 c 518 s 942; 1999 c 73 s 1; 1998 c 245 s 114; 1991 sp.s. c 13 s 90; 1991 c 4 s 7; 1990 c 64 s 3; 1989 c 383 s 3. Formerly RCW 70.148.020.]
Notes:
Effective date—2019 c 413: See note following RCW 28B.15.210.
Effective date—2016 sp.s. c 35: See note following RCW 28B.10.027.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective date—2005 c 518: See note following RCW 28A.600.110.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Pollution liability insurance program trust account. (Expires July 1, 2030.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.325.030

text:
The director shall provide reinsurance through the pollution liability insurance program trust account to the heating oil pollution liability protection program under chapter 70A.330 RCW.
[ 2020 c 20 s 1384; 1995 c 20 s 12. Formerly RCW 70.148.025.]

catchline: Reinsurance for heating oil pollution liability protection program. (Expires July 1, 2030.)


title: RCW 70A.325.040

text:
(1) The Washington pollution liability insurance program is created as an independent agency of the state. The administrative head and appointing authority of the program shall be the director who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The salary for this office shall be set by the governor pursuant to RCW 43.03.040. The director shall appoint a deputy director. The director, deputy director, and up to three other employees are exempt from the civil service law, chapter 41.06 RCW.
(2) The director shall employ such other staff as are necessary to fulfill the responsibilities and duties of the director. The staff is subject to the civil service law, chapter 41.06 RCW. In addition, the director may contract with third parties for services necessary to carry out its activities where this will promote economy, avoid duplication of effort, and make best use of available expertise. To the extent necessary to protect the state from unintended liability and ensure quality program and contract design, the director shall contract with an organization or organizations with demonstrated experience and ability in managing and designing pollution liability insurance and with an organization or organizations with demonstrated experience and ability in managing and designing pollution liability reinsurance. The director shall enter into such contracts after competitive bid but need not select the lowest bid. Any such contractor or consultant is prohibited from releasing, publishing, or otherwise using any information made available to it under its contractual responsibility without specific permission of the program director. The director may call upon other agencies of the state to provide technical support and available information as necessary to assist the director in meeting the director's responsibilities under this chapter. Agencies shall supply this support and information as promptly as circumstances permit.
(3) The director may appoint ad hoc technical advisory committees to obtain expertise necessary to fulfill the purposes of this chapter.
[ 1994 sp.s. c 9 s 805; 1990 c 64 s 4; 1989 c 383 s 4. Formerly RCW 70.148.030.]
Notes:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Pollution liability insurance program—Generally—Ad hoc committees. (Expires July 1, 2030.)


title: RCW 70A.325.050

text:
The director may design the program to cover the costs incurred in determining whether a proposed applicant for pollution insurance under the program meets the underwriting standards of the insurer. In covering such costs the director shall consider the financial resources of the applicant, shall take into consideration the economic impact of the discontinued use of the applicant's storage tank upon the affected community, shall provide coverage within the revenue limits provided under this chapter, and shall limit coverage of such costs to the extent that coverage would be detrimental to providing affordable insurance under the program.
[ 1990 c 64 s 11. Formerly RCW 70.148.035.]

catchline: Program design—Cost coverage. (Expires July 1, 2030.)


title: RCW 70A.325.060

text:
The director may adopt rules consistent with this chapter to carry out the purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW.
[ 1990 c 64 s 5; 1989 c 383 s 5. Formerly RCW 70.148.040.]

catchline: Rules. (Expires July 1, 2030.)


title: RCW 70A.325.070

text:
The director has the following powers and duties:
(1) To design and from time to time revise a reinsurance contract providing coverage to an insurer meeting the requirements of this chapter. Before initially entering into a reinsurance contract, the director shall prepare an actuarial report describing the various reinsurance methods considered by the director and describing each method's costs. In designing the reinsurance contract the director shall consider common insurance industry reinsurance contract provisions and shall design the contract in accordance with the following guidelines:
(a) The contract shall provide coverage to the insurer for the liability risks of owners and operators of underground storage tanks for third party bodily injury and property damage and corrective action that are underwritten by the insurer.
(b) In the event of an insolvency of the insurer, the reinsurance contract shall provide reinsurance payable directly to the insurer or to its liquidator, receiver, or successor on the basis of the liability of the insurer in accordance with the reinsurance contract. In no event may the program be liable for or provide coverage for that portion of any covered loss that is the responsibility of the insurer whether or not the insurer is able to fulfill the responsibility.
(c) The total limit of liability for reinsurance coverage shall not exceed one million dollars per occurrence and two million dollars annual aggregate for each policy underwritten by the insurer less the ultimate net loss retained by the insurer as defined and provided for in the reinsurance contract.
(d) Disputes between the insurer and the insurance program shall be settled through arbitration.
(2) To design and implement a structure of periodic premiums due the director from the insurer that takes full advantage of revenue collections and projected revenue collections to ensure affordable premiums to the insured consistent with sound actuarial principles.
(3) To periodically review premium rates for reinsurance to determine whether revenue appropriations supporting the program can be reduced without substantially increasing the insured's premium costs.
(4) To solicit bids from insurers and select an insurer to provide pollution liability insurance to owners and operators of underground storage tanks for third party bodily injury and property damage and corrective action.
(5) To monitor the activities of the insurer to ensure compliance with this chapter and protect the program from excessive loss exposure resulting from claims mismanagement by the insurer.
(6) To monitor the success of the program and periodically make such reports and recommendations to the legislature as the director deems appropriate, and to annually publish a financial report on the pollution liability insurance program trust account showing, among other things, administrative and other expenses paid from the fund.
(7) To annually report the financial and loss experience of the insurer as to policies issued under the program and the financial and loss experience of the program to the legislature.
(8) To enter into contracts with public and private agencies to assist the director in his or her duties to design, revise, monitor, and evaluate the program and to provide technical or professional assistance to the director.
(9) To examine the affairs, transactions, accounts, records, documents, and assets of insurers as the director deems advisable.
(10) To design, in consultation with the office of financial management, an emergency program to assist owners and operators of underground storage tanks in meeting the federal financial responsibility requirements in the event that a private insurer withdraws from the Washington pollution liability insurance program.
(11) To determine, assess, and collect moneys sufficient to cover the direct and indirect costs of implementing the emergency program, including initial program development costs. The moneys may be collected from underground storage tank owners and operators who are using the emergency program. All moneys collected under this section must be deposited in the pollution liability insurance program trust account created in RCW 70A.325.020.
[ 2021 c 65 s 72; 2020 c 156 s 2; 2006 c 276 s 2; 1998 c 245 s 115; 1995 c 12 s 1; 1990 c 64 s 6; 1989 c 383 s 6. Formerly RCW 70.148.050.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—1995 c 12: "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 shall take effect immediately [April 12, 1995]." [ 1995 c 12 s 3.]

catchline: Powers and duties of director. (Expires July 1, 2030.)


title: RCW 70A.325.080

text:
(1) All information except for proprietary reports or information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected by the director shall be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the director may furnish all or part of examination reports prepared by the director or by any person, firm, corporation, association, or other entity preparing the reports on behalf of the director to:
(a) The Washington state insurance commissioner;
(b) A person or organization officially connected with the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
(c) The attorney general in his or her role as legal advisor to the director.
(3) Subsection (1) of this section notwithstanding, the director may furnish all or part of the examination or proprietary reports or information obtained by the director to:
(a) The Washington state insurance commissioner; and
(b) A person, firm, corporation, association, governmental body, or other entity with whom the director has contracted for services necessary to perform his or her official duties.
(4) Proprietary information obtained by the director and the director's staff is not subject to public disclosure under chapter 42.56 RCW.
(5) A person who violates any provision of this section is guilty of a gross misdemeanor.
[ 2015 c 224 s 5; 2005 c 274 s 341; 1990 c 64 s 7; 1989 c 383 s 7. Formerly RCW 70.148.060.]

catchline: Disclosure of reports or information—Penalty. (Expires July 1, 2030.)


title: RCW 70A.325.090

text:
(1) In selecting an insurer to provide pollution liability insurance coverage to owners and operators of underground storage tanks, the director shall evaluate bids based upon criteria established by the director that shall include:
(a) The insurer's ability to underwrite pollution liability insurance;
(b) The insurer's ability to settle pollution liability claims quickly and efficiently;
(c) The insurer's estimate of underwriting and claims adjustment expenses;
(d) The insurer's estimate of premium rates for providing coverage;
(e) The insurer's ability to manage and invest premiums; and
(f) The insurer's ability to provide risk management guidance to insureds.
The director shall select the bidder most qualified to provide insurance consistent with this chapter and need not select the bidder submitting the least expensive bid. The director may consider bids by groups of insurers and management companies who propose to act in concert in providing coverage and who otherwise meet the requirements of this chapter.
(2) The successful bidder shall agree to provide liability insurance coverage to owners and operators of underground storage tanks for third party bodily injury and property damage and corrective action consistent with the following minimum standards:
(a) The insurer shall provide coverage for defense costs.
(b) The insurer shall collect a deductible from the insured for corrective action in an amount approved by the director.
(c) The insurer shall provide coverage for accidental releases in the amount of five hundred thousand dollars per occurrence and one million dollars annual aggregate but no more than one million dollars per occurrence and two million dollars annual aggregate exclusive of defense costs.
(d) The insurer shall require insurance applicants to meet at least the following underwriting standards before issuing coverage to the applicant:
(i) The applicant must be in compliance with statutes, ordinances, rules, regulations, and orders governing the ownership and operation of underground storage tanks as identified by the director by rule; and
(ii) The applicant must exercise adequate underground storage tank risk management as specified by the director by rule.
(e) The insurer may exclude coverage for losses arising before the effective date of coverage, and the director may adopt rules establishing standards for determining whether a loss was incurred before the effective date of coverage.
(f) The insurer may exclude coverage for bodily injury, property damage, and corrective action as permitted by the director by rule.
(g) The insurer shall use a variable rate schedule approved by the director taking into account tank type, tank age, and other factors specified by the director.
(3) The director shall adopt all rules necessary to implement this section. In developing and adopting rules governing rates, deductibles, underwriting standards, and coverage conditions, limitations, and exclusions, the director shall balance the owner and operator's need for coverage with the need to maintain the actuarial integrity of the program, shall take into consideration the economic impact of the discontinued use of a storage tank upon the affected community, and shall consult with the *standing technical advisory committee established under RCW 70A.325.040(3). In developing and adopting rules governing coverage exclusions affecting corrective action, the director shall consult with the Washington state department of ecology.
(4) Notwithstanding the definitions contained in RCW 70A.325.010, the director may permit an insurer to use different words or phrases describing the coverage provided under the program. In permitting such deviations from the definitions contained in RCW 70A.325.010, the director shall consider the regulations adopted by the United States environmental protection agency requiring financial responsibility by owners and operators of underground petroleum storage tanks.
(5) Owners and operators of underground storage tanks or sites containing underground storage tanks where a preexisting release has been identified or where the owner or operator knows of a preexisting release are eligible for coverage under the program subject to the following conditions:
(a) The owner or operator must have a plan for proceeding with corrective action; and
(b) If the owner or operator files a claim with the insurer, the owner or operator has the burden of proving that the claim is not related to a preexisting release until the owner or operator demonstrates to the satisfaction of the director that corrective action has been completed.
(6) When a reinsurance contract has been entered into by the agency and insurance companies, the director shall notify the department of ecology of the letting of the contract. Within thirty days of that notification, the department of ecology shall notify all known owners and operators of petroleum underground storage tanks that appropriate levels of financial responsibility must be established by October 26, 1990, in accordance with federal environmental protection agency requirements, and that insurance under the program is available. All owners and operators of petroleum underground storage tanks must also be notified that declaration of method of financial responsibility or intent to seek to be insured under the program must be made to the state by November 1, 1990. If the declaration of method of financial responsibility is not made by November 1, 1990, the department of ecology shall, pursuant to chapter 70A.355 RCW, prohibit the owner or operator of an underground storage tank from obtaining a tank tag or receiving petroleum products until such time as financial responsibility has been established.
[ 2020 c 20 s 1385; 1990 c 64 s 8; 1989 c 383 s 8. Formerly RCW 70.148.070.]
Notes:
*Reviser's note: The "standing technical advisory committee" was abolished by 1994 sp.s. c 9 s 805 and in its place the director was given authority to appoint ad hoc technical advisory committees.

catchline: Insurer selection process and criteria. (Expires July 1, 2030.)


title: RCW 70A.325.100

text:
If the insurer cancels or refuses to issue or renew a policy, the affected owner or operator may appeal the insurer's decision to the director. The director shall conduct a brief adjudicative proceeding under chapter 34.05 RCW.
[ 1990 c 64 s 9; 1989 c 383 s 9. Formerly RCW 70.148.080.]

catchline: Cancellation or refusal by insurer—Appeal. (Expires July 1, 2030.)


title: RCW 70A.325.110

text:
(1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW.
(2) To the extent of their participation in the program, the activities and operations of the insurer selected by the director to provide liability insurance coverage to owners and operators of underground storage tanks are exempt from the requirements of Title 48 RCW except for:
(a) Chapter 48.03 RCW pertaining to examinations;
(b) RCW 48.05.250 pertaining to annual reports;
(c) Chapter 48.12 RCW pertaining to assets and liabilities;
(d) Chapter 48.13 RCW pertaining to investments;
(e) Chapter 48.30 RCW pertaining to deceptive, false, or fraudulent acts or practices; and
(f) Chapter 48.92 RCW pertaining to liability risk retention.
(3) To the extent of their participation in the program, the insurer selected by the director to provide liability insurance coverage to owners and operators of underground storage tanks shall not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided to owners and operators of underground storage tanks issued in connection with the program.
[ 2020 c 156 s 5; 1990 c 64 s 10; 1989 c 383 s 10. Formerly RCW 70.148.090.]

catchline: Exemptions from Title 48 RCW—Exceptions. (Expires July 1, 2030.)


title: RCW 70A.325.120

text:
The legislature reserves the right to amend or repeal all or any part of this chapter at any time, and there is no vested right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or any acts done under it exist subject to the power of the legislature to amend or repeal this chapter at any time.
[ 1989 c 383 s 12. Formerly RCW 70.148.110.]

catchline: Reservation of legislative power. (Expires July 1, 2030.)


title: RCW 70A.325.130

text:
(1) The director may implement an emergency program, as designed under RCW 70A.325.070.
(2) At the legislative session following implementation of an emergency program, the director must provide to the legislature a report on the options available to assist owners and operators in using one or a combination of mechanisms to demonstrate financial responsibility for underground storage tanks. The report must include, but is not limited to: Discussion of a state-run insurance program; alternative options to a state-run insurance program; an evaluation and recommendation of the finances required to develop and implement a new financial responsibility model that complies with the federal financial responsibility requirements in 40 C.F.R. Part 280, subpart H; and recommendations for legislation necessary to implement actions needed to meet federal financial responsibility requirements in 40 C.F.R. Part 280, subpart H.
[ 2021 c 65 s 73; 2020 c 156 s 3.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Director may implement an emergency program—Report to the legislature. (Expires July 1, 2030.)


title: RCW 70A.325.900

text:
This chapter expires July 1, 2030.
[ 2016 c 161 s 16; 2012 1st sp.s. c 3 s 2; 2006 c 276 s 3; 2000 c 16 s 1; 1995 c 12 s 2; 1989 c 383 s 13. Formerly RCW 70.148.900.]
Notes:
Effective date—1995 c 12: See note following RCW 70A.325.070.

catchline: Expiration of chapter.


title: RCW 70A.330.010

text:
The legislature finds that it is in the best interests of all citizens for petroleum storage tank systems to be operated safely and for tank leaks or spills to be dealt with expeditiously. The legislature finds that it is appropriate for an agency with expertise in petroleum to provide technical advice and assistance to owners or operators when there has been a release. The legislature further finds that while it is necessary to protect tank owners from the financial hardship related to damaged heating oil tanks, support can be provided through the agency's revolving loan and grant program in chapter 70A.345 RCW. Therefore, the legislature intends to transition the pollution liability insurance program for heating oil tanks to a revolving loan and grant program, while maintaining the pollution liability insurance program for existing registrants.
[ 2021 c 65 s 74; 2020 c 310 s 1; 2017 c 23 s 1; 1995 c 20 s 1. Formerly RCW 70.149.010.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Intent—Findings. (Expires July 1, 2030.)


title: RCW 70A.330.020

text:
This chapter may be known and cited as the Washington state pollution liability protection act.
[ 2017 c 23 s 2; 1995 c 20 s 2. Formerly RCW 70.149.020.]

catchline: Short title. (Expires July 1, 2030.)


title: RCW 70A.330.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Accidental release" means a sudden or nonsudden release of heating oil, occurring after July 23, 1995, from operating a heating oil tank that results in bodily injury, property damage, or a need for corrective action, neither expected nor intended by the owner or operator.
(2) "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death at any time, resulting from the injury, sickness, or disease.
(3)(a) "Corrective action" means those actions reasonably required to be undertaken by the insured to remove, treat, neutralize, contain, or clean up an accidental release in order to comply with a statute, ordinance, rule, regulation, directive, order, or similar legal requirement, in effect at the time of an accidental release, of the United States, the state of Washington, or a political subdivision of the United States or the state of Washington. "Corrective action" includes, where agreed to in writing, in advance by the insurer, action to remove, treat, neutralize, contain, or clean up an accidental release to avert, reduce, or eliminate the liability of the insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.
(b) "Corrective action" does not include:
(i) Replacement or repair of heating oil tanks or other receptacles; or
(ii) Replacement or repair of piping, connections, and valves of tanks or other receptacles.
(4) "Defense costs" include the costs of legal representation, expert fees, and related costs and expenses incurred in defending against claims or actions brought by or on behalf of:
(a) The United States, the state of Washington, or a political subdivision of the United States or state of Washington to require corrective action or to recover costs of corrective action; or
(b) A third party for bodily injury or property damage caused by an accidental release.
(5) "Director" means the director of the Washington state pollution liability insurance agency or the director's appointed representative.
(6) "Environmental covenant" has the same meaning as defined in RCW 64.70.020.
(7) "Facility" has the same meaning as defined in RCW 70A.305.020.
(8) "Heating oil" means any petroleum product used for space heating in oil-fired furnaces, heaters, and boilers, including stove oil, diesel fuel, or kerosene. "Heating oil" does not include petroleum products used as fuels in motor vehicles, marine vessels, trains, buses, aircraft, or any off-highway equipment not used for space heating, or for industrial processing or the generation of electrical energy.
(9) "Heating oil tank" means a tank and its connecting pipes, whether above or below ground, or in a basement, with pipes connected to the tank for space heating of human living or working space on the premises where the tank is located. "Heating oil tank" does not include a decommissioned or abandoned heating oil tank, or a tank used solely for industrial process heating purposes or generation of electrical energy.
(10) "Independent remedial action" has the same meaning as defined in RCW 70A.305.020.
(11) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a release from a heating oil tank.
(12) "Owner or operator" means a person in control of, or having responsibility for, the daily operation of a petroleum storage tank system.
(13) "Petroleum" means any petroleum-based substance including crude oil or any fraction that is liquid at standard conditions of temperature and pressure. The term "petroleum" includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, used oils, and heating oils. The term "petroleum" does not include propane, asphalt, or any other petroleum product that is not liquid at standard conditions of temperature and pressure. Standard conditions of temperature and pressure are at sixty degrees Fahrenheit and 14.7 pounds per square inch absolute.
(14) "Petroleum storage tank system" means a storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other substances. The systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, used oils, and heating oils. "Petroleum storage tank system" does not include any storage tank system regulated under chapter 70A.300 RCW.
(15) "Pollution liability insurance agency" means the Washington state pollution liability insurance agency.
(16) "Property damage" means:
(a) Physical injury to, destruction of, or contamination of tangible property, including the loss of use of the property resulting from the injury, destruction, or contamination; or
(b) Loss of use of tangible property that has not been physically injured, destroyed, or contaminated but has been evacuated, withdrawn from use, or rendered inaccessible because of an accidental release.
(17) "Release" means a spill, leak, emission, escape, or leaching into the environment.
(18) "Remedial action" has the same meaning as defined in RCW 70A.305.020.
(19) "Remedial action costs" means reasonable costs that are attributable to or associated with a remedial action.
(20) "Tank" means a stationary device, designed to contain an accumulation of heating oil, that is constructed primarily of nonearthen materials such as concrete, steel, fiberglass, or plastic that provides structural support.
(21) "Third-party liability" means the liability of a heating oil tank owner to another person due to property damage or personal injury that results from a leak or spill.
[ 2020 c 20 s 1386; 2017 c 23 s 3; 1995 c 20 s 3. Formerly RCW 70.149.030.]


title: RCW 70A.330.040

text:
The director shall:
(1) Design and implement a process to close out existing claims under the heating oil pollution liability insurance program. During this process, the director has authority to maintain the program providing pollution liability insurance for heating oil tanks that provides up to sixty thousand dollars per occurrence coverage and aggregate limits, not to exceed fifteen million dollars each calendar year. Claims received under the existing policy, which would result in payment in excess of fifteen million dollars in a calendar year may be paid out in the next calendar year. The heating oil pollution liability insurance program shall not register heating oil tanks for coverage under the heating oil pollution liability insurance program after July 1, 2020;
(2) Administer, implement, and enforce the provisions of this chapter. To assist in administration of the program, the director is authorized to appoint up to two employees who are exempt from the civil service law, chapter 41.06 RCW, and who shall serve at the pleasure of the director;
(3) Administer the heating oil pollution liability trust account, as established under RCW 70A.330.060;
(4) Employ and discharge, at his or her discretion, agents, attorneys, consultants, companies, organizations, and employees as deemed necessary, and to prescribe their duties and powers, and fix their compensation;
(5) Adopt rules under chapter 34.05 RCW as necessary to carry out the provisions of this chapter;
(6) Have the authority to provide reinsurance through the pollution liability insurance program trust account;
(7) Implement a program to provide advice and technical assistance on the administrative and technical requirements of this chapter and chapter 70A.305 RCW to persons who are conducting or otherwise interested in independent remedial actions at facilities where there is a suspected or confirmed release from the following petroleum storage tank systems: A heating oil tank; a decommissioned heating oil tank; an abandoned heating oil tank; or a petroleum storage tank system identified by the department of ecology based on the relative risk posed by the release to human health and the environment, as determined under chapter 70A.305 RCW, or other factors identified by the department of ecology.
(a) Such advice or assistance is advisory only, and is not binding on the pollution liability insurance agency or the department of ecology. As part of this advice and assistance, the pollution liability insurance agency may provide written opinions on whether independent remedial actions or proposals for these actions meet the substantive requirements of chapter 70A.305 RCW, or whether the pollution liability insurance agency believes further remedial action is necessary at the facility. As part of this advice and assistance, the pollution liability insurance agency may also observe independent remedial actions.
(b) The agency is authorized to collect, from persons requesting advice and assistance, the costs incurred by the agency in providing such advice and assistance. The costs may include travel costs and expenses associated with review of reports and preparation of written opinions and conclusions. Funds from cost reimbursement must be deposited in the heating oil pollution liability trust account.
(c) The state of Washington, the pollution liability insurance agency, and its officers and employees are immune from all liability, and no cause of action arises from any act or omission in providing, or failing to provide, such advice, opinion, conclusion, or assistance;
(8) Establish a public information program to provide information regarding liability, technical, and environmental requirements associated with active and abandoned heating oil tanks;
(9) Monitor agency expenditures and seek to minimize costs and maximize benefits to ensure responsible financial stewardship;
(10) Study if appropriate user fees to supplement program funding are necessary and develop recommendations for legislation to authorize such fees;
(11) Establish requirements, including deadlines not to exceed ninety days, for reporting to the pollution liability insurance agency a suspected or confirmed release from a heating oil tank, including a decommissioned or abandoned heating oil tank, that may pose a threat to human health or the environment by the owner or operator of the heating oil tank or the owner of the property where the release occurred;
(12) Within ninety days of receiving information and having a reasonable basis to believe that there may be a release from a heating oil tank, including decommissioned or abandoned heating oil tanks, that may pose a threat to human health or the environment, perform an initial investigation to determine at a minimum whether such a release has occurred and whether further remedial action is necessary under chapter 70A.305 RCW. The initial investigation may include, but is not limited to, inspecting, sampling, or testing. The director may retain contractors to perform an initial investigation on the agency's behalf;
(13) For any written opinion issued under subsection (7) of this section requiring an environmental covenant as part of the remedial action, consult with, and seek comment from, a city or county department with land use planning authority for real property subject to the environmental covenant prior to the property owner recording the environmental covenant; and
(14) For any property where an environmental covenant has been established as part of the remedial action approved under subsection (7) of this section, periodically review the environmental covenant for effectiveness. The director shall perform a review at least once every five years after an environmental covenant is recorded.
[ 2020 c 310 s 2; 2020 c 20 s 1387; 2018 c 194 s 3; 2017 c 23 s 4; 2009 c 560 s 11; 2007 c 240 s 1; 2004 c 203 s 1; 1997 c 8 s 1; 1995 c 20 s 4. Formerly RCW 70.149.040.]
Notes:
Reviser's note: This section was amended by 2020 c 20 s 1387 and by 2020 c 310 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—Disposition of property and funds—Assignment/delegation of contractual rights or duties—2009 c 560: See notes following RCW 18.06.080.
Application—2007 c 240: See note following RCW 70A.330.100.

catchline: Duties of director. (Expires July 1, 2030.)


title: RCW 70A.330.050

text:
(1) The activities and operations of the program are exempt from the provisions and requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the insurer selected by the director to provide liability insurance coverage to owners and operators of heating oil tanks are exempt from the requirements of Title 48 RCW except for:
(a) Chapter 48.03 RCW pertaining to examinations;
(b) RCW 48.05.250 pertaining to annual reports;
(c) Chapter 48.12 RCW pertaining to assets and liabilities;
(d) Chapter 48.13 RCW pertaining to investments;
(e) Chapter 48.30 RCW pertaining to deceptive, false, or fraudulent acts or practices; and
(f) Chapter 48.92 RCW pertaining to liability risk retention.
(2) To the extent of their participation in the program, the insurer selected by the director to provide liability insurance coverage to owners and operators of heating oil tanks shall not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided to owners and operators of heating oil tanks issued in connection with the program.
[ 1995 c 20 s 6. Formerly RCW 70.149.060.]


title: RCW 70A.330.060

text:
(1) The heating oil pollution liability trust account is created in the custody of the state treasurer. All receipts from the pollution liability insurance fee collected under RCW 70A.330.070 and reinsurance premiums shall be deposited into the account. Expenditures from the account may be used only for the purposes set out under this chapter. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) Money in the account may be used by the director for the following purposes:
(a) Corrective action costs;
(b) Third-party liability claims;
(c) Costs associated with claims administration;
(d) Purchase of an insurance policy to cover all registered heating oil tanks, and reinsurance of the policy; and
(e) Administrative expenses of the program, including personnel, equipment, supplies, and providing advice and technical assistance.
[ 2020 c 20 s 1388; 2017 c 23 s 5; 2004 c 203 s 2; 1997 c 8 s 2; 1995 c 20 s 7. Formerly RCW 70.149.070.]

catchline: Heating oil pollution liability trust account. (Expires July 1, 2030.)


title: RCW 70A.330.070

text:
(1) A pollution liability insurance fee of one and two-tenths cents per gallon of heating oil purchased within the state shall be imposed on every special fuel dealer, as the term is defined in chapter 82.38 RCW, making sales of heating oil to a user or consumer.
(2) The pollution liability insurance fee shall be remitted by the special fuel dealer to the department of licensing.
(3) The fee proceeds shall be used for the specific regulatory purposes of this chapter.
(4) The fee imposed by this section shall not apply to heating oil exported or sold for export from the state.
[ 2004 c 203 s 3; 1995 c 20 s 8. Formerly RCW 70.149.080.]
Notes:
Effective date—2004 c 203 s 3: "Section 3 of this act takes effect July 1, 2004." [ 2004 c 203 s 5.]

catchline: Pollution liability insurance fee. (Expires July 1, 2030.)


title: RCW 70A.330.080

text:
The following shall be confidential and exempt under chapter 42.56 RCW, subject to the conditions set forth in this section:
(1) All examination and proprietary reports and information obtained by the director and the director's staff in soliciting bids from insurers and in monitoring the insurer selected by the director may not be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
(2) All information obtained by the director or the director's staff related to registration of heating oil tanks to be insured may not be made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other entity.
(3) The director may furnish all or part of examination reports prepared by the director or by any person, firm, corporation, association, or other entity preparing the reports on behalf of the director to:
(a) The Washington state insurance commissioner;
(b) A person or organization officially connected with the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
(c) The attorney general in his or her role as legal advisor to the director.
[ 2005 c 274 s 342; 1995 c 20 s 9. Formerly RCW 70.149.090.]

catchline: Confidentiality. (Expires July 1, 2030.)


title: RCW 70A.330.090

text:
Nothing contained in this chapter shall authorize any commercial conduct which is prohibited by RCW 19.86.020 through 19.86.060, and no section of this chapter shall be deemed to be an implied repeal of any of those sections of the Revised Code of Washington.
[ 1995 c 20 s 10. Formerly RCW 70.149.100.]

catchline: Application of RCW 19.86.020 through 19.86.060. (Expires July 1, 2030.)


title: RCW 70A.330.100

text:
(1) The pollution liability insurance agency shall identify design criteria for heating oil tanks that provide superior protection against future leaks as compared to standard steel tank designs. Any tank designs identified under this section must either be constructed with fiberglass or offer at least an equivalent level of protection against leaks as a standard fiberglass design.
(2) The pollution liability insurance agency shall reimburse any owner or operator, who is participating in the program created in this chapter and who has experienced an occurrence or remedial action, for the difference in price between a standard steel heating tank and a new heating oil tank that satisfies the design standards identified under subsection (1) of this section, if the owner or operator chooses or is required to replace his or her tank at the time of the occurrence or remedial action.
(3) Any new heating oil tank reimbursement provided under this section must be funded within the amount of per occurrence coverage provided to the owner or operator under RCW 70A.330.040.
[ 2020 c 20 s 1389; 2007 c 240 s 2. Formerly RCW 70.149.120.]
Notes:
Application—2007 c 240: "This act applies prospectively and only to individuals who file a claim with the pollution liability insurance agency on or after July 22, 2007." [ 2007 c 240 s 3.]

catchline: Heating oil tanks—Design criteria—Reimbursement. (Expires July 1, 2030.)


title: RCW 70A.330.110

text:
To ensure the adoption of rules will not delay the process to close out existing claims under the heating oil pollution liability insurance program, the pollution liability insurance agency may continue to process claims through interpretative guidance pending adoption of rules.
[ 2020 c 310 s 3.]

catchline: Authorization to process claims through interpretative guidance. (Expires July 1, 2030.)


title: RCW 70A.330.800

text:
To ensure the adoption of rules will not delay the implementation of remedial actions, the pollution liability insurance agency may implement the technical advice and assistance program expansion to include petroleum storage tank systems through interpretive guidance pending adoption of rules.
[ 2017 c 23 s 7. Formerly RCW 70.149.800.]

catchline: Technical advice and assistance program expansion—Interpretive guidance pending rules. (Expires July 1, 2030.)


title: RCW 70A.330.801

text:
The pollution liability insurance agency may not expand the technical advice and assistance program to include petroleum storage tank systems until January 1, 2018. The pollution liability insurance agency may include heating oil tanks, including abandoned and decommissioned tanks, in the technical advice and assistance program as of July 23, 2017.
[ 2017 c 23 s 8. Formerly RCW 70.149.801.]

catchline: Technical advice and assistance program expansion—Timeline. (Expires July 1, 2030.)


title: RCW 70A.330.900

text:
This chapter expires July 1, 2030.
[ 2016 c 161 s 17; 2012 1st sp.s. c 3 s 3; 2006 c 276 s 4; 2000 c 16 s 2; 1995 c 20 s 14. Formerly RCW 70.149.900.]


title: RCW 70A.335.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Metal can" means a single walled container that is manufactured from metal substrate designed to hold or pack food or beverages and sealed by can ends manufactured from metal substrate. The metal substrate for the can and the can ends must be equal to or thinner than 0.0149 inch.
(3) "Sports bottle" means a resealable, reusable container, sixty-four ounces or less in size, that is designed or intended primarily to be filled with a liquid or beverage for consumption from the container, and is sold or distributed at retail without containing any liquid or beverage.
[ 2010 c 140 s 1. Formerly RCW 70.280.010.]

catchline: Definitions.


title: RCW 70A.335.020

text:
(1) Beginning July 1, 2011, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, any bottle, cup, or other container, except a metal can, that contains bisphenol A if that container is designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container by children three years of age or younger and is sold or distributed at retail without containing any liquid, food, or beverage.
(2) Beginning July 1, 2012, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, sports bottles that contain bisphenol A.
[ 2010 c 140 s 2. Formerly RCW 70.280.020.]

catchline: Prohibiting the sale or distribution of certain products containing bisphenol A.


title: RCW 70A.335.030

text:
(1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.
(2) A manufacturer that produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter shall recall the product and reimburse the retailer or any other purchaser for the product.
[ 2010 c 140 s 3. Formerly RCW 70.280.030.]

catchline: Notification—Recall of products.


title: RCW 70A.335.040

text:
(1) A manufacturer, wholesaler, or retailer that manufactures, knowingly sells, or distributes products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, wholesalers, or retailers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
(2) Retailers who unknowingly sell products that are restricted from sale under this chapter are not subject to the civil penalties under this chapter.
[ 2020 c 20 s 1419; 2010 c 140 s 4. Formerly RCW 70.280.040.]

catchline: Penalties.


title: RCW 70A.335.050

text:
Expenses to cover the cost of administering this chapter must be paid from the model toxics control operating account under RCW 70A.305.180.
[ 2020 c 20 s 1420; 2019 c 422 s 410; 2010 c 140 s 5. Formerly RCW 70.280.050.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Expenses to cover cost of administering chapter.


title: RCW 70A.335.060

text:
The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
[ 2010 c 140 s 6. Formerly RCW 70.280.060.]

catchline: Rules.


title: RCW 70A.340.010

text:
The legislature finds that:
(1) Brake friction material is an essential component of motor vehicle brakes and is critically important to transportation safety and public safety in general;
(2) Debris from brake friction material containing copper and its compounds is generated and released to the environment during normal operation of motor vehicle brakes;
(3) Thousands of pounds of copper and other substances released from brake friction material enter Washington state's streams, rivers, and marine environment every year; and
(4) Copper is toxic to many aquatic organisms, including salmon.
[ 2010 c 147 s 1. Formerly RCW 70.285.010.]

catchline: Findings.


title: RCW 70A.340.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Accredited laboratory" means a laboratory that is:
(a) Qualified and equipped for testing of products, materials, equipment, and installations in accordance with national or international standards; and
(b) Accredited by a third-party organization approved by the department to accredit laboratories for purposes of this chapter.
(2) "Alternative brake friction material" means brake friction material that:
(a) Does not contain:
(i) More than 0.5 percent copper or its compounds by weight;
(ii) The constituents identified in RCW 70A.340.030 at or above the concentrations specified; and
(iii) Other materials determined by the department to be more harmful to human health or the environment than existing brake friction material;
(b) Enables motor vehicle brakes to meet applicable federal safety standards, or if no federal safety standard exists, a widely accepted industry standard;
(c) Is available at a cost and quantity that does not cause significant financial hardship across the majority of brake friction material and vehicle manufacturing industries; and
(d) Is available to enable brake friction material and vehicle manufacturers to produce viable products meeting consumer expectations regarding braking noise, shuddering, and durability.
(3) "Brake friction material" means that part of a motor vehicle brake designed to retard or stop the movement of a motor vehicle through friction against a rotor made of more durable material.
(4) "Committee" means the brake friction material advisory committee.
(5) "Department" means the department of ecology.
(6)(a) "Motor vehicle" has the same meaning as defined in RCW 46.04.320 that are subject to registration requirements under RCW 46.16A.080.
(b) "Motor vehicle" does not include:
(i) Motorcycles as defined in RCW 46.04.330;
(ii) Motor vehicles employing internal closed oil immersed motor vehicle brakes or similar brake systems that are fully contained and emit no debris or fluid under normal operating conditions;
(iii) Military combat vehicles;
(iv) Race cars, dual-sport vehicles, or track day vehicles, whose primary use is for off-road purposes and are permitted under RCW 46.16A.320; or
(v) Collector vehicles, as defined in RCW 46.04.126.
(7)(a) "Motor vehicle brake" means an energy conversion mechanism used to retard or stop the movement of a motor vehicle.
(b) "Motor vehicle brake" does not include brakes designed primarily to hold motor vehicles stationary and not for use while motor vehicles are in motion.
(8) "Original equipment service" means brake friction material provided as service parts originally designed for and using the same brake friction material formulation sold with a new motor vehicle.
(9) "Small volume motor vehicle manufacturer" means a manufacturer of motor vehicles with Washington annual sales of less than one thousand new passenger cars, light duty trucks, medium duty vehicles, heavy duty vehicles, and heavy duty engines based on the average number of vehicles sold for the three previous consecutive model years.
[ 2020 c 20 s 1421; 2011 c 171 s 111; 2010 c 147 s 2. Formerly RCW 70.285.020.]
Notes:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.


title: RCW 70A.340.030

text:
(1) No manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing any of the following constituents in an amount exceeding the specified concentrations:
(a) Asbestiform fibers, 0.1 percent by weight.
(b) Cadmium and its compounds, 0.01 percent by weight.
(c) Chromium(VI)-salts, 0.1 percent by weight.
(d) Lead and its compounds, 0.1 percent by weight.
(e) Mercury and its compounds, 0.1 percent by weight.
(2) Beginning January 1, 2021, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing more than five percent copper and its compounds by weight.
(3) Beginning January 1, 2025, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing more than 0.5 percent copper and its compounds by weight.
(4) Brake friction material manufactured prior to 2015 is exempt from subsection (1) of this section for the purposes of clearing inventory. This exemption expires January 1, 2025.
(5) Brake friction material manufactured prior to 2021 is exempt from subsection (2) of this section for the purposes of clearing inventory. This exemption expires January 1, 2031.
(6) Brake friction material manufactured prior to 2025 is exempt from subsection (3) of this section for the purposes of clearing inventory. This exemption expires January 1, 2035.
(7) Brake friction material manufactured as part of an original equipment service contract for vehicles manufactured prior to January 1, 2015, is exempt from subsection (1) of this section.
(8) Brake friction material manufactured as part of an original equipment service contract for vehicles manufactured prior to January 1, 2021, is exempt from subsection (2) of this section.
(9) Brake friction material manufactured as part of an original equipment service contract for vehicles manufactured prior to January 1, 2025, is exempt from subsection (3) of this section.
[ 2017 c 204 s 1; 2010 c 147 s 3. Formerly RCW 70.285.030.]

catchline: Prohibition on the sale of certain brake friction material—Exemptions.


title: RCW 70A.340.040

text:
(1) By December 1, 2015, the department shall review risk assessments, scientific studies, and other relevant analyses regarding alternative brake friction material and determine whether the material may be available. The department shall consider any new science with regard to the bioavailability and toxicity of copper.
(2) If the department finds that alternative brake friction material may be available, it shall convene a brake friction material advisory committee. The committee shall include, but is not limited to:
(a) A representative of the department, who will chair the committee;
(b) The chief of the Washington state patrol, or the chief's designee;
(c) A representative of manufacturers of brake friction material;
(d) A representative of manufacturers of motor vehicles;
(e) A representative of a nongovernmental organization concerned with motor vehicle safety;
(f) A representative of the national highway traffic safety administration; and
(g) A representative of a nongovernmental organization concerned with the environment.
(3) If convened pursuant to subsection (2) of this section, the committee shall separately assess alternative brake friction material for passenger vehicles, light duty vehicles, and heavy duty vehicles. The committee shall make different recommendations to the department as to whether alternative brake friction material is available or unavailable for passenger vehicles, light duty vehicles, and heavy duty vehicles. For purposes of this section, "heavy duty vehicle" means a vehicle used for commercial purposes with a gross vehicle weight rating above twenty-six thousand pounds. The committee shall also consider appropriate exemptions including original equipment service and brake friction material manufactured prior to the dates specified in RCW 70A.340.050. The department shall consider the committee's recommendations and make a finding as to whether alternative brake friction material is available or unavailable.
(4) If, pursuant to subsection (3) of this section, the department finds that alternative brake friction material:
(a) Is available, it shall comply with RCW 70A.340.050;
(b) Is not available, it shall periodically evaluate the finding and, if it determines that alternative brake friction material may be available, comply with subsections (2) and (3) of this section. If the department finds that alternative brake friction material is available, it shall comply with RCW 70A.340.050.
[ 2020 c 20 s 1422; 2010 c 147 s 4. Formerly RCW 70.285.040.]

catchline: Brake friction material advisory committee—Members—Duties.


title: RCW 70A.340.050

text:
If, pursuant to RCW 70A.340.040, the department finds that alternative brake friction material is available:
(1)(a) By December 31st of the year in which the finding is made, the department shall publish the information required by RCW 70A.340.040 in the Washington State Register and present it in a report to the appropriate committees of the legislature; and
(b) The report must include recommendations for exemptions on original equipment service and brake friction material manufactured prior to dates specified in this section and may include recommendations for other exemptions.
(2) Beginning January 1, 2025, and consistent with RCW 70A.340.030(3), no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale brake friction material in Washington state containing more than 0.5 percent copper and its compounds by weight, as specified in the report in subsection (1) of this section.
[ 2020 c 20 s 1423; 2017 c 204 s 2; 2010 c 147 s 5. Formerly RCW 70.285.050.]

catchline: Finding that alternative brake friction material is available—Report.


title: RCW 70A.340.060

text:
Any motor vehicle manufacturer or brake friction material manufacturer may apply to the department for an exemption from this chapter for brake friction material intended for a specific motor vehicle model or class of motor vehicles based on special needs or characteristics of the motor vehicles for which the brake friction material is intended. Exemptions may only be issued for small volume motor vehicle manufacturers, specific motor vehicle models, or special classes of vehicles, such as fire trucks, police cars, and heavy or wide-load equipment hauling, provided the manufacturer can demonstrate that complying with the requirements of this chapter is not feasible, does not allow compliance with safety standards, or causes significant financial hardship. Exemptions are valid for no less than one year and may be renewed automatically as needed or the exemption may be permanent for as long as the vehicle is used in the manner described in the application.
[ 2010 c 147 s 6. Formerly RCW 70.285.060.]

catchline: Application for exemption from chapter.


title: RCW 70A.340.070

text:
(1) By January 1, 2013, and at least every three years thereafter, manufacturers of brake friction material sold or offered for sale in Washington state shall provide data to the department adequate to enable the department to determine concentrations of antimony, copper, nickel, and zinc and their compounds in brake friction material sold or offered for sale in Washington state.
(2) Using data provided pursuant to subsection (1) of this section and other data as needed, and in consultation with the brake friction material manufacturing industry, the department must:
(a) By July 1, 2013, establish baseline concentration levels for constituents identified in subsection (1) of this section in brake friction material; and
(b) Track progress toward reducing the use of copper and its compounds and ensure that concentration levels of antimony, nickel, or zinc and their compounds do not increase by more than fifty percent above baseline concentration levels.
(3) If concentration levels of antimony, nickel, or zinc and their compounds in brake friction material increase by more than fifty percent above baseline concentration levels, the department shall review scientific studies to determine the potential impact of the constituent on human health and the environment. If scientific studies demonstrate the need for controlling the use of the constituent in brake friction material, the department may consider recommending limits on concentration levels of the constituent in the material.
(4) Confidential business information otherwise protected under RCW 43.21A.160 or chapter 42.56 RCW is exempt from public disclosure.
[ 2010 c 147 s 7. Formerly RCW 70.285.070.]

catchline: Manufacturers of brake friction material must provide certain data to the department—Department's duties.


title: RCW 70A.340.080

text:
(1) Manufacturers of brake friction material offered for sale in Washington state must certify compliance with the requirements of this chapter and mark proof of certification on the brake friction material in accordance with criteria developed under this section.
(2) By December 1, 2012, the department must, after consulting with interested parties, develop compliance criteria to meet the requirements of this chapter. Compliance criteria includes, but is not limited to:
(a) Self-certification of compliance by brake friction material manufacturers using accredited laboratories; and
(b) Marked proof of certification, including manufacture date, on brake friction material and product packaging. Marked proof of certification must appear by January 1, 2015. Brake friction material manufactured or packaged prior to January 1, 2015, is exempt from this subsection (2)(b).
(3) Beginning January 1, 2021, manufacturers of new motor vehicles offered for sale in Washington state must ensure that motor vehicles are equipped with brake friction material certified to be compliant with the requirements of this chapter.
[ 2010 c 147 s 8. Formerly RCW 70.285.080.]

catchline: Compliance with chapter—Proof of compliance.


title: RCW 70A.340.090

text:
(1) The department must enforce this chapter. The department may periodically purchase and test brake friction material sold or offered for sale in Washington state to verify that the material complies with this chapter.
(2) Enforcement of this chapter by the department must rely on notification and information exchange between the department and manufacturers, distributors, and retailers. The department must issue one warning letter by certified mail to a manufacturer, distributor, or retailer that sells or offers to sell brake friction material in violation of this chapter, and offer information or other appropriate assistance regarding compliance with this chapter. Once a warning letter has been issued to a distributor or retailer for violations under subsections (3) and (5) of this section, the department need not provide warning letters for subsequent violations by that distributor or retailer. For the purposes of subsection (6) of this section, a warning letter serves as notice of the violation. If compliance is not achieved, the department may assess penalties under this section.
(3) A brake friction material distributor or retailer that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation. Brake friction material distributors or retailers that sell brake friction material that is packaged consistent with RCW 70A.340.080(2)(b) are not in violation of this chapter. However, if the department conclusively proves that the brake friction material distributor or retailer was aware that the brake friction material being sold violates RCW 70A.340.030 or 70A.340.050, the brake friction material distributor or retailer is subject to civil penalties according to this section.
(4) A brake friction material manufacturer that knowingly violates this chapter must recall the brake friction material and reimburse the brake friction distributor, retailer, or any other purchaser for the material and any applicable shipping and handling charges for returning the material. A brake friction material manufacturer that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation.
(5) A motor vehicle distributor or retailer that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation. A motor vehicle distributor or retailer is not in violation of this chapter for selling a vehicle that was previously sold at retail and that contains brake friction material failing to meet the requirements of this chapter. However, if the department conclusively proves that the motor vehicle distributor or retailer installed brake friction material that violates RCW 70A.340.030, 70A.340.050, or 70A.340.080(2)(b) on the vehicle being sold and was aware that the brake friction material violates RCW 70A.340.030, 70A.340.050, or 70A.340.080(2)(b), the motor vehicle distributor or retailer is subject to civil penalties under this section.
(6) A motor vehicle manufacturer that violates this chapter must notify the registered owner of the vehicle within six months of knowledge of the violation and must replace at no cost to the owner the noncompliant brake friction material with brake friction material that complies with this chapter. A motor vehicle manufacturer that fails to provide the required notification to registered owners of the affected vehicles within six months of knowledge of the violation is subject to a civil penalty not to exceed one hundred thousand dollars. A motor vehicle manufacturer that fails to provide the required notification to registered owners of the affected vehicles after twelve months of knowledge of the violation is subject to a civil penalty not to exceed ten thousand dollars per vehicle. For purposes of this section, "motor vehicle manufacturer" does not include a vehicle dealer defined under RCW 46.70.011 and required to be licensed as a vehicle dealer under chapter 46.70 RCW.
(7) Before the effective date of the prohibitions in RCW 70A.340.030 or 70A.340.050, the department must prepare and distribute information about the prohibitions to manufacturers, distributors, and retailers to the maximum extent practicable.
(8) All penalties collected under this chapter must be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 s 1424; 2019 c 422 s 409; 2010 c 147 s 9. Formerly RCW 70.285.090.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.


title: RCW 70A.340.100

text:
The department may adopt rules necessary to implement this chapter. Rules adopted by the department under this section may not exceed the terms explicitly established by this chapter.
[ 2017 c 204 s 3; 2010 c 147 s 10. Formerly RCW 70.285.100.]

catchline: Adoption of rules.


title: RCW 70A.345.010

text:
(1) The legislature intends for the pollution liability insurance agency to establish a revolving loan and grant program to assist owners and operators of petroleum underground storage tank systems to: (a) Remediate past releases; (b) upgrade, replace, or remove petroleum underground storage tank systems to prevent future releases; and (c) install new infrastructure or retrofit existing infrastructure for dispensing or using renewable or alternative energy.
(2) Furthermore, the legislature intends for the revolving loan and grant program to assist owners and operators of heating oil tanks to: (a) Remediate past releases; or (b) prevent future releases by upgrading, replacing, decommissioning, or removing heating oil systems.
[ 2020 c 310 s 4; 2016 c 161 s 1. Formerly RCW 70.340.010.]
Notes:
Effective date—2016 c 161 ss 1-13: "Sections 1 through 13 of this act take effect July 1, 2016." [ 2016 c 161 s 23.]

catchline: Intent. (Expires July 1, 2030.)


title: RCW 70A.345.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means the Washington state pollution liability insurance agency.
(2) "Heating oil tank" means a tank and its connecting pipes, whether above or below ground, or in a basement, with pipes connected to the tank for space heating of human living or working space on the premises where the tank is located.
(3) "Local government" means any political subdivision of the state, including a town, city, county, special purpose district, or other municipal corporation.
(4) "Operator" means any person in control of, or having responsibility for, the daily operation of a petroleum underground storage tank system, including a heating oil tank system.
(5) "Owner" means any person who owns a petroleum underground storage tank system, including a heating oil tank system.
(6) "Petroleum underground storage tank system" means an underground storage tank system regulated under chapter 70A.355 RCW or subtitle I of the solid waste disposal act (42 U.S.C. chapter 82, subchapter IX) that is used for storing petroleum.
(7) "Release" has the same meaning as defined in RCW 70A.305.020.
(8) "Remedial action" has the same meaning as defined in RCW 70A.305.020.
(9) "Underground storage tank facility" means the location where one or more underground storage tank systems are installed. A facility encompasses all contiguous real property under common ownership associated with the operation of the underground storage tank system or systems.
(10) "Underground storage tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any, and includes any aboveground ancillary equipment connected to the underground storage tank or piping, such as dispensers.
[ 2020 c 310 s 5; 2020 c 20 s 1435; 2016 c 161 s 2. Formerly RCW 70.340.020.]
Notes:
Reviser's note: This section was amended by 2020 c 20 s 1435 and by 2020 c 310 s 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Definitions. (Expires July 1, 2030.)


title: RCW 70A.345.030

text:
(1) The agency shall establish an underground storage tank revolving loan and grant program to provide loans or grants to owners or operators to:
(a) Conduct remedial actions in accordance with chapter 70A.305 RCW, including investigations and cleanups of any release or threatened release of a hazardous substance at or affecting an underground storage tank facility, provided that at least one of the releases or threatened releases involves petroleum;
(b) Upgrade, replace, or permanently close a petroleum underground storage tank system in accordance with chapter 70A.355 RCW or subtitle I of the solid waste disposal act (42 U.S.C., chapter 82, subchapter IX), as applicable;
(c) Install new infrastructure or retrofit existing infrastructure at an underground storage tank facility for dispensing or using renewable or alternative energy for motor vehicles, including electric vehicle charging stations, when conducted in conjunction with either (a) or (b) of this subsection;
(d) Install and subsequently remove a temporary petroleum aboveground storage tank system in compliance with applicable laws, when conducted in conjunction with either (a) or (b) of this subsection;
(e) Conduct remedial actions in accordance with chapter 70A.305 RCW, including investigation and cleanup of any release or threatened releases of petroleum from a heating oil tank; or
(f) Prevent future releases by upgrading, replacing, decommissioning, or removing a heating oil tank.
(2) The maximum amount that may be loaned or granted under this program to an owner or operator for a single underground storage tank facility is two million dollars and for a single heating oil tank seventy-five thousand dollars.
[ 2021 c 65 s 75. Prior: 2020 c 310 s 6; 2020 c 20 s 1436; 2016 c 161 s 3. Formerly RCW 70.340.030.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Program established—Purpose—Maximum amount of loans and grants. (Expires July 1, 2030.)


title: RCW 70A.345.040

text:
(1) A recipient of a loan or grant may not use these funds to conduct remedial actions of a release or threatened release from a petroleum underground storage tank system requiring financial assurances under chapter 70A.355 RCW or subtitle I of the solid waste disposal act (42 U.S.C., chapter 82, subchapter IX) unless the owner or operator:
(a) Agrees to first expend all moneys available under the required financial assurances;
(b) Demonstrates that all moneys available under the required financial assurances have been expended; or
(c) Demonstrates that a claim has been made under the required financial assurances and the claim has been rejected by the provider.
(2) A recipient must use a loan or grant for a project that develops and acquires assets that have a useful life of at least thirteen years.
[ 2020 c 20 s 1437; 2016 c 161 s 4. Formerly RCW 70.340.040.]
Notes:
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Use of funds—Restrictions. (Expires July 1, 2030.)


title: RCW 70A.345.050

text:
The agency shall partner and enter into a memorandum of agreement with the department of health to implement the revolving loan and grant program.
(1) The agency shall approve recipients for loans and grants, structure funding offers to protect applicants with limited economic resources, and manage the work conducted under RCW 70A.345.030(1).
(2) The department of health shall administer the loans and grants to qualified recipients as determined by the agency.
(3) The department of health may collect, from persons requesting financial assistance, loan origination fees to cover costs incurred by the department of health in operating the financial assistance program.
(4) The agency may use the moneys in the pollution liability insurance agency underground storage tank revolving account to fund the department of health's operating costs for the program.
[ 2020 c 310 s 7; 2020 c 20 s 1438; 2016 c 161 s 5. Formerly RCW 70.340.050.]
Notes:
Reviser's note: This section was amended by 2020 c 20 s 1438 and by 2020 c 310 s 7, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Program administration—Loan origination fees. (Expires July 1, 2030.)


title: RCW 70A.345.060

text:
(1) The agency may conduct remedial actions and investigate or clean up a release or threatened release of a hazardous substance at or affecting an underground storage tank facility if the following conditions are met:
(a) The owner or operator received a loan or grant for the underground storage tank facility under the revolving program created in this chapter for two million dollars or less;
(b) The remedial actions are conducted in accordance with the rules adopted under chapter 70A.305 RCW;
(c) The owner of real property subject to the remedial actions provides consent for the agency to:
(i) Recover the remedial action costs from the owner; and
(ii) Enter upon the real property to conduct remedial actions limited to those authorized by the owner or operator. Remedial actions must be focused on maintaining the economic vitality of the property. The agency or the agency's authorized representatives shall give reasonable notice before entering property unless an emergency prevents the notice; and
(d) The owner of the underground storage tank facility consents to the agency filing a lien on the underground storage tank facility to recover the agency's remedial action costs.
(2) The agency may conduct the remedial actions authorized under subsection (1) of this section using the moneys in the pollution liability insurance agency underground storage tank revolving account, as required under RCW 70A.345.050. However, for any remedial action where the owner or operator has received a loan or grant, the agency may not expend more than the difference between the amount loaned or granted and two million dollars.
[ 2020 c 310 s 8; 2020 c 20 s 1439; 2016 c 161 s 6. Formerly RCW 70.340.060.]
Notes:
Reviser's note: This section was amended by 2020 c 20 s 1439 and by 2020 c 310 s 8, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Remedial actions—Release or threatened release of hazardous substance. (Expires July 1, 2030.)


title: RCW 70A.345.070

text:
(1) The agency may file a lien against the underground storage tank facility if the agency incurs remedial action costs and those costs are unrecovered by the agency.
(a) A lien filed under this section may not exceed the remedial action costs incurred by the agency.
(b) A lien filed under this section has priority in rank over all other privileges, liens, monetary encumbrances, or other security interests affecting the real property, whenever incurred, filed, or recorded, except for local and special district property tax assessments.
(2) Before filing a lien under this section, the agency shall give notice of its intent to file a lien to the owner of the underground storage tank facility on which the lien is to be filed, mortgagees, and lienholders of record.
(a) The agency shall send the notice by certified mail to the underground storage tank facility owner and mortgagees of record at the addresses listed in the recorded documents. If the underground storage tank facility owner is unknown or if a mailed notice is returned as undeliverable, the agency shall provide notice by posting a legal notice in the newspaper of largest circulation in the county in which the site is located. The notice must provide:
(i) A statement of the purpose of the lien;
(ii) A brief description of the real property to be affected by the lien; and
(iii) A statement of the remedial action costs incurred by the agency.
(b) If the agency has reason to believe that exigent circumstances require the filing of a lien prior to giving notice under this subsection, the agency may file the lien immediately. Exigent circumstances include, but are not limited to, an imminent bankruptcy filing by the underground storage tank facility owner or the imminent transfer or sale of the real property subject to lien by the underground storage tank facility owner, or both.
(3) A lien filed under this section is effective when a statement of lien is filed with the county auditor in the county where the underground storage tank facility is located. The statement of lien must include a description of the real property subject to lien and the amount of the lien.
(4) Unless the agency determines it is in the public interest to remove the lien, the lien continues until the liabilities for the remedial action costs have been satisfied through sale of the real property, foreclosure, or other means agreed to by the agency. Any action for foreclosure of the lien must be brought by the attorney general in a civil action in the court having jurisdiction and in the manner prescribed for judicial foreclosure of a mortgage under chapter 61.24 RCW.
(5) The agency may not file a lien under this section against an underground storage tank facility owned by a local government.
[ 2016 c 161 s 7. Formerly RCW 70.340.070.]
Notes:
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Lien for cost of remedial action—Procedure—Notice. (Expires July 1, 2030.)


title: RCW 70A.345.080

text:
(1) The pollution liability insurance agency underground storage tank revolving account is created in the state treasury. All receipts from sources identified under subsection (2) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for items identified under subsection (3) of this section.
(2) The following receipts must be deposited into the account:
(a) All moneys appropriated by the legislature to pay for the agency's operating costs to carry out the purposes of this chapter;
(b) All moneys appropriated by the legislature to provide loans and grants under RCW 70A.345.030;
(c) Any repayment of loans provided under RCW 70A.345.030;
(d) All moneys appropriated by the legislature to conduct remedial actions under RCW 70A.345.060;
(e) Any recovery of the costs of remedial actions conducted under RCW 70A.345.060;
(f) Any grants provided by the federal government to the agency to achieve the purposes of this chapter; and
(g) Any other deposits made from a public or private entity to achieve the purposes of this chapter.
(3) Moneys in the account may be used by the agency only to carry out the purposes of this chapter including, but not limited to:
(a) The costs of the agency and department of health to carry out the purposes of this chapter;
(b) Loans and grants under RCW 70A.345.030;
(c) Remedial actions under RCW 70A.345.060; and
(d) State match requirements for grants provided to the agency by the federal government.
[ 2020 c 20 s 1440; 2016 c 161 s 8. Formerly RCW 70.340.080.]
Notes:
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Pollution liability insurance agency underground storage tank revolving account. (Expires July 1, 2030.)


title: RCW 70A.345.090

text:
By September 1st of each even-numbered year, the agency must provide the office of financial management and the appropriate legislative committees a report on the agency's activities supported by expenditures from the pollution liability insurance agency underground storage tank revolving account. The report must at a minimum include:
(1) The amount of money the legislature appropriated from the pollution liability insurance agency underground storage tank revolving account under RCW 70A.345.080 during the last biennium;
(2) For the previous biennium, the total number of loans and grants, the amounts loaned or granted, sites cleaned up, petroleum underground storage tank systems or heating oil tanks upgraded, replaced, or permanently closed, and jobs preserved;
(3) For each loan and grant awarded during the previous biennium, the name of the recipient, the location of the underground storage tank facility, a description of the project and its status, the amount loaned, and the amount repaid. For loans and grants awarded for heating oil tanks, only the general location, status, amount loaned, and the amount repaid must be provided;
(4) For each underground storage tank facility where the agency conducted remedial actions under RCW 70A.345.060 during the previous biennium, the name and location of the site, the amount of money used to conduct the remedial actions, the status of remedial actions, whether liens were filed against the underground storage tank facility under RCW 70A.345.070, and the amount of money recovered; and
(5) The operating costs of the agency and department of health to carry out the purposes of this chapter during the last biennium.
[ 2020 c 310 s 9; 2020 c 20 s 1441; 2016 c 161 s 9. Formerly RCW 70.340.090.]
Notes:
Reviser's note: This section was amended by 2020 c 20 s 1441 and by 2020 c 310 s 9, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Report on agency activities. (Expires July 1, 2030.)


title: RCW 70A.345.100

text:
The agency must adopt rules under chapter 34.05 RCW necessary to carry out the provisions of this chapter. To accelerate remedial actions, the agency shall enter into a memorandum of agreement with the department of health under RCW 70A.345.050 within one year of July 1, 2016. To ensure the adoption of rules will not delay the award of a loan or grant, the agency may implement the underground storage tank revolving program through interpretative guidance pending adoption of rules.
[ 2020 c 20 s 1442; 2016 c 161 s 10. Formerly RCW 70.340.100.]
Notes:
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Adoption of rules—Memorandum of agreement—Interpretative guidance. (Expires July 1, 2030.)


title: RCW 70A.345.110

text:
Officers, employees, and authorized representatives of the agency and the department of health, and the state of Washington are immune from civil liability and no cause of action of any nature may arise from any act or omission in exercising powers and duties under this chapter.
[ 2016 c 161 s 11. Formerly RCW 70.340.110.]
Notes:
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Civil liability of state. (Expires July 1, 2030.)


title: RCW 70A.345.120

text:
Nothing in this chapter limits the authority of the department of ecology under chapter 70A.305 RCW.
[ 2020 c 20 s 1443; 2016 c 161 s 12. Formerly RCW 70.340.120.]
Notes:
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Applicability of chapter—Authority of the department of ecology. (Expires July 1, 2030.)


title: RCW 70A.345.130

text:
(1) On July 1, 2016, if the cash balance amount in the pollution liability insurance program trust account exceeds seven million five hundred thousand dollars after excluding the reserves under RCW 70A.325.020(2), the state treasurer shall transfer the amount exceeding seven million five hundred thousand dollars, up to a transfer of ten million dollars, from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account. If ten million dollars is not available to be transferred on July 1, 2016, then by the end of fiscal year 2017, if the cash balance amount in the pollution liability insurance program trust account exceeds seven million five hundred thousand dollars after excluding the reserves under RCW 70A.325.020(2), the state treasurer shall transfer the amount exceeding seven million five hundred thousand dollars from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account. The total amount transferred in fiscal year 2017 from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account may not exceed ten million dollars.
(2) Beginning July 1, 2017, during the fiscal biennium and each successive fiscal biennium, if the cash balance amount in the pollution liability insurance program trust account exceeds seven million five hundred thousand dollars, the state treasurer is authorized, upon request of the agency, to transfer the amount exceeding seven million five hundred thousand dollars after excluding the reserves under RCW 70A.325.020(2), up to a transfer of twenty million dollars, from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account. The agency may request transfers only as needed to maximize the amount transferred in a fiscal biennium from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account. The total amount transferred in a fiscal biennium from the pollution liability insurance program trust account into the pollution liability insurance agency underground storage tank revolving account may not exceed twenty million dollars.
[ 2020 c 310 s 10; 2020 c 20 s 1444; 2017 3rd sp.s. c 4 s 6015; 2016 c 161 s 21. Formerly RCW 70.340.130.]
Notes:
Reviser's note: This section was amended by 2020 c 20 s 1444 and by 2020 c 310 s 10, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2017 3rd sp.s. c 4: "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 [July 1, 2017]." [ 2017 3rd sp.s. c 4 s 7014.]

catchline: Pollution liability insurance program trust account—Transfers to revolving account.


title: RCW 70A.345.900

text:
(1) RCW 70A.345.010 through 70A.345.120 expire July 1, 2030.
(2) The expiration of RCW 70A.345.010 through 70A.345.120 does not terminate any of the following rights, obligations, authorities or any provision necessary to carry out:
(a) The repayment of loans due and payable to the lender or the state of Washington;
(b) The resolution of any cost recovery action or the initiation of any action or other collection process to recover defaulted loan moneys due to the state of Washington; and
(c) The resolution of any action or the initiation of any action to recover the agency's remedial actions costs under RCW 70A.345.070.
(3) On July 1, 2030, the pollution liability insurance agency underground storage tank revolving account and all moneys due that account revert to, and accrue to the benefit of, the department of health.
[ 2020 c 20 s 1445; 2016 c 161 s 13. Formerly RCW 70.340.900.]
Notes:
Effective date—2016 c 161 ss 1-13: See note following RCW 70A.345.010.

catchline: Expiration date—Savings clause—Reversion of revolving account funds.


title: RCW 70A.35.010

text:
(1) The legislature finds and declares that weatherization of the residences of low-income households will help conserve energy resources in this state and can reduce the need to obtain energy from more costly conventional energy resources. The legislature also finds that while many efforts have been made by the federal government and by the state, including its cities, counties, and utilities, to increase both the habitability and the energy efficiency of residential structures within the state, stronger coordination of these efforts will result in even greater energy efficiencies, increased cost savings to the state's residents in the form of lower utility bills, improvements in health and safety, lower greenhouse gas emissions and associated climate impacts, as well as increased employment for the state's workforce. The legislature further finds that there is emerging scientific evidence linking residents' health outcomes such as asthma, lead poisoning, and unintentional injuries to substandard housing.
(2) Therefore, it is the intent of the legislature that state funds be dedicated to weatherization and energy efficiency activities as well as the moderate to significant repair and rehabilitation of residential structures that are required as a necessary antecedent to those activities. It is also the intent of the legislature that the department prioritize weatherization, energy efficiency activities, and structural repair of residential structures to facilitate the expeditious allocation of funds from federal energy efficiency programs including, but not limited to, the weatherization assistance program, the weatherization plus health initiative, the energy efficiency and conservation block grant program, residential energy efficiency components of the state energy program, and the retrofit ramp-up program for energy efficiency projects. The legislature further intends to allocate future distributions of energy-related federal jobs stimulus funding to strengthen these programs, and to coordinate energy retrofit and rehabilitation improvements as authorized by chapter 287, Laws of 2010 to increase the number of structures qualifying for assistance under these multiple state and federal energy efficiency programs.
(3) The program implementing the policy of this chapter is necessary to support the poor and infirm and also to benefit the health, safety, and general welfare of all citizens of the state.
[ 2015 c 50 s 1; 2010 c 287 s 1; 1987 c 36 s 1. Formerly RCW 70.164.010.]

catchline: Legislative findings.