RCW 70A.305.020 — Washington Code / Title 70A / Chapter 305 / Section 020
RCW 70A.305.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agreed order" means an order issued by the department under this chapter with which the potentially liable person or prospective purchaser receiving the order agrees to comply. An agreed order may be used to require or approve any cleanup or other remedial actions but it is not a settlement under RCW 70A.305.040 (4) and shall not contain a covenant not to sue, or provide protection from claims for contribution, or provide eligibility for public funding of remedial actions under RCW 70A.305.190 (4)(a) (v) and (vi). (2) "Area-wide groundwater contamination" means groundwater contamination on multiple adjacent properties with different ownerships consisting of hazardous substances from multiple sources that have resulted in commingled plumes of contaminated groundwater that are not practicable to address separately. (3) "Brownfield property" means previously developed and currently abandoned or underutilized real property and adjacent surface waters and sediment where environmental, economic, or community reuse objectives are hindered by the release or threatened release of hazardous substances that the department has determined requires remedial action under this chapter or that the United States environmental protection agency has determined requires remedial action under the federal cleanup law. (4) "City" means a city or town. (5) "Department" means the department of ecology. (6) "Director" means the director of ecology or the director's designee. (7) "Environmental covenant" has the same meaning as defined in RCW 64.70.020 . (8) "Facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, or aircraft, or (b) any site or area where a hazardous substance, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located. (9) "Federal cleanup law" means the federal comprehensive environmental response, compensation, and liability act of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by Public Law 99-499. (10)(a) "Fiduciary" means a person acting for the benefit of another party as a bona fide trustee; executor; administrator; custodian; guardian of estates or guardian ad litem; receiver; conservator; committee of estates of incapacitated persons; trustee in bankruptcy; trustee, under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender. Except as provided in subsection (22)(b)(iii) of this section, the liability of a fiduciary under this chapter shall not exceed the assets held in the fiduciary capacity. (b) "Fiduciary" does not mean: (i) A person acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, one or more estate plans or because of the incapacity of a natural person; (ii) A person who acquires ownership or control of a facility with the objective purpose of avoiding liability of the person or any other person. It is prima facie evidence that the fiduciary acquired ownership or control of the facility to avoid liability if the facility is the only substantial asset in the fiduciary estate at the time the facility became subject to the fiduciary estate; (iii) A person who acts in a capacity other than that of a fiduciary or in a beneficiary capacity and in that capacity directly or indirectly benefits from a trust or fiduciary relationship; (iv) A person who is a beneficiary and fiduciary with respect to the same fiduciary estate, and who while acting as a fiduciary receives benefits that exceed customary or reasonable compensation, and incidental benefits permitted under applicable law; (v) A person who is a fiduciary and receives benefits that substantially exceed customary or reasonable compensation, and incidental benefits permitted under applicable law; or (vi) A person who acts in the capacity of trustee of state or federal lands or resources. (11) "Fiduciary capacity" means the capacity of a person holding title to a facility, or otherwise having control of an interest in the facility pursuant to the exercise of the responsibilities of the person as a fiduciary. (12) "Foreclosure and its equivalents" means purchase at a foreclosure sale, acquisition, or assignment of title in lieu of foreclosure, termination of a lease, or other repossession, acquisition of a right to title or possession, an agreement in satisfaction of the obligation, or any other comparable formal or informal manner, whether pursuant to law or under warranties, covenants, conditions, representations, or promises from the borrower, by which the holder acquires title to or possession of a facility securing a loan or other obligation. (13) "Hazardous substance" means: (a) Any dangerous or extremely hazardous waste as defined in RCW 70A.300.010 (1) and (7), or any dangerous or extremely dangerous waste designated by rule pursuant to chapter 70A.300 RCW; (b) Any hazardous substance as defined in RCW 70A.300.010 (10) or any hazardous substance as defined by rule pursuant to chapter 70A.300 RCW; (c) Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); (d) Petroleum or petroleum products; and (e) Any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment. The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law. (14) "Holder" means a person who holds indicia of ownership primarily to protect a security interest. A holder includes the initial holder such as the loan originator, any subsequent holder such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market, a guarantor of an obligation, surety, or any other person who holds indicia of ownership primarily to protect a security interest, or a receiver, court-appointed trustee, or other person who acts on behalf or for the benefit of a holder. A holder can be a public or privately owned financial institution, receiver, conservator, loan guarantor, or other similar persons that loan money or guarantee repayment of a loan. Holders typically are banks or savings and loan institutions but may also include others such as insurance companies, pension funds, or private individuals that engage in loaning of money or credit. (15) "Independent remedial actions" means remedial actions conducted without department oversight or approval, and not under an order, agreed order, or consent decree. (16) "Indicia of ownership" means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in a facility securing a loan or other obligation, including any legal or equitable title to a facility acquired incident to foreclosure and its equivalents. Evidence of such interests includes, mortgages, deeds of trust, sellers interest in a real estate contract, liens, surety bonds, and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased facility, or legal or equitable title obtained pursuant to foreclosure and their equivalents. Evidence of such interests also includes assignments, pledges, or other rights to or other forms of encumbrance against the facility that are held primarily to protect a security interest. (17) "Industrial properties" means properties that are or have been characterized by, or are to be committed to, traditional industrial uses such as processing or manufacturing of materials, marine terminal and transportation areas and facilities, fabrication, assembly, treatment, or distribution of manufactured products, or storage of bulk materials, that are either: (a) Zoned for industrial use by a city or county conducting land use planning under chapter 36.70A RCW; or (b) For counties not planning under chapter 36.70A RCW and the cities within them, zoned for industrial use and adjacent to properties currently used or designated for industrial purposes. (18) "Institutional controls" means measures undertaken to limit or prohibit activities that may interfere with the integrity of a remedial action or result in exposure to or migration of hazardous substances at a site. "Institutional controls" include environmental covenants. (19) "Local government" means any political subdivision of the state, including a town, city, county, special purpose district, or other municipal corporation, including brownfield renewal authority created under RCW 70A.305.160 . (20) "Model remedy" or "model remedial action" means a set of technologies, procedures, and monitoring protocols identified by the department for use in routine types of clean-up projects at facilities that have common features and lower risk to human health and the environment. (21) "Operating a facility primarily to protect a security interest" occurs when all of the following are met: (a) Operating the facility where the borrower has defaulted on the loan or otherwise breached the security agreement; (b) operating the facility to preserve the value of the facility as an ongoing business; (c) the operation is being done in anticipation of a sale, transfer, or assignment of the facility; and (d) the operation is being done primarily to protect a security interest. Operating a facility for longer than one year prior to foreclosure or its equivalents shall be presumed to be operating the facility for other than to protect a security interest. (22) "Owner or operator" means: (a) Any person with any ownership interest in the facility or who exercises any control over the facility; or (b) In the case of an abandoned facility, any person who had owned, or operated, or exercised control over the facility any time before its abandonment; The term does not include: (i) An agency of the state or unit of local government which acquired ownership or control through a drug forfeiture action under RCW 69.50.505 , or involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title. This exclusion does not apply to an agency of the state or unit of local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility; (ii) A person who, without participating in the management of a facility, holds indicia of ownership primarily to protect the person's security interest in the facility. Holders after foreclosure and its equivalent and holders who engage in any of the activities identified in subsection (23)(e) through (g) of this section shall not lose this exemption provided the holder complies with all of the following: (A) The holder properly maintains the environmental compliance measures already in place at the facility; (B) The holder complies with the reporting requirements in the rules adopted under this chapter; (C) The holder complies with any order issued to the holder by the department to abate an imminent or substantial endangerment; (D) The holder allows the department or potentially liable persons under an order, agreed order, or settlement agreement under this chapter access to the facility to conduct remedial actions and does not impede the conduct of such remedial actions; (E) Any remedial actions conducted by the holder are in compliance with any preexisting requirements identified by the department, or, if the department has not identified such requirements for the facility, the remedial actions are conducted consistent with the rules adopted under this chapter; and (F) The holder does not exacerbate an existing release. The exemption in this subsection (22)(b)(ii) does not apply to holders who cause or contribute to a new release or threatened release or who are otherwise liable under RCW 70A.305.040 (1) (b), (c), (d), and (e); provided, however, that a holder shall not lose this exemption if it establishes that any such new release has been remediated according to the requirements of this chapter and that any hazardous substances remaining at the facility after remediation of the new release are divisible from such new release; (iii) A fiduciary in his, her, or its personal or individual capacity. This exemption does not preclude a claim against the assets of the estate or trust administered by the fiduciary or against a nonemployee agent or independent contractor retained by a fiduciary. This exemption also does not apply to the extent that a person is liable under this chapter independently of the person's ownership as a fiduciary or for actions taken in a fiduciary capacity which cause or contribute to a new release or exacerbate an existing release of hazardous substances. This exemption applies provided that, to the extent of the fiduciary's powers granted by law or by the applicable governing instrument granting fiduciary powers, the fiduciary complies with all of the following: (A) The fiduciary properly maintains the environmental compliance measures already in place at the facility; (B) The fiduciary complies with the reporting requirements in the rules adopted under this chapter; (C) The fiduciary complies with any order issued to the fiduciary by the department to abate an imminent or substantial endangerment; (D) The fiduciary allows the department or potentially liable persons under an order, agreed order, or settlement agreement under this chapter access to the facility to conduct remedial actions and does not impede the conduct of such remedial actions; (E) Any remedial actions conducted by the fiduciary are in compliance with any preexisting requirements identified by the department, or, if the department has not identified such requirements for the facility, the remedial actions are conducted consistent with the rules adopted under this chapter; and (F) The fiduciary does not exacerbate an existing release. The exemption in this subsection (22)(b)(iii) does not apply to fiduciaries who cause or contribute to a new release or threatened release or who are otherwise liable under RCW 70A.305.040 (1) (b), (c), (d), and (e); provided however, that a fiduciary shall not lose this exemption if it establishes that any such new release has been remediated according to the requirements of this chapter and that any hazardous substances remaining at the facility after remediation of the new release are divisible from such new release. The exemption in this subsection (22)(b)(iii) also does not apply where the fiduciary's powers to comply with this subsection (22)(b)(iii) are limited by a governing instrument created with the objective purpose of avoiding liability under this chapter or of avoiding compliance with this chapter; or (iv) Any person who has any ownership interest in, operates, or exercises control over real property where a hazardous substance has come to be located solely as a result of migration of the hazardous substance to the real property through the groundwater from a source off the property, if: (A) The person can demonstrate that the hazardous substance has not been used, placed, managed, or otherwise handled on the property in a manner likely to cause or contribute to a release of the hazardous substance that has migrated onto the property; (B) The person has not caused or contributed to the release of the hazardous substance; (C) The person does not engage in activities that damage or interfere with the operation of remedial actions installed on the person's property or engage in activities that result in exposure of humans or the environment to the contaminated groundwater that has migrated onto the property; (D) If requested, the person allows the department, potentially liable persons who are subject to an order, agreed order, or consent decree, and the authorized employees, agents, or contractors of each, access to the property to conduct remedial actions required by the department. The person may attempt to negotiate an access agreement before allowing access; and (E) Legal withdrawal of groundwater does not disqualify a person from the exemption in this subsection (22)(b)(iv). (23) "Participation in management" means exercising decision-making control over the borrower's operation of the facility, environmental compliance, or assuming or manifesting responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the enterprise. The term does not include any of the following: (a) A holder with the mere capacity or ability to influence, or the unexercised right to control facility operations; (b) a holder who conducts or requires a borrower to conduct an environmental audit or an environmental site assessment at the facility for which indicia of ownership is held; (c) a holder who requires a borrower to come into compliance with any applicable laws or regulations at the facility for which indicia of ownership is held; (d) a holder who requires a borrower to conduct remedial actions including setting minimum requirements, but does not otherwise control or manage the borrower's remedial actions or the scope of the borrower's remedial actions except to prepare a facility for sale, transfer, or assignment; (e) a holder who engages in workout or policing activities primarily to protect the holder's security interest in the facility; (f) a holder who prepares a facility for sale, transfer, or assignment or requires a borrower to prepare a facility for sale, transfer, or assignment; (g) a holder who operates a facility primarily to protect a security interest, or requires a borrower to continue to operate, a facility primarily to protect a security interest; and (h) a prospective holder who, as a condition of becoming a holder, requires an owner or operator to conduct an environmental audit, conduct an environmental site assessment, come into compliance with any applicable laws or regulations, or conduct remedial actions prior to holding a security interest is not participating in the management of the facility. (24) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe. (25) "Policing activities" means actions the holder takes to ensure that the borrower complies with the terms of the loan or security interest or actions the holder takes or requires the borrower to take to maintain the value of the security. Policing activities include: Requiring the borrower to conduct remedial actions at the facility during the term of the security interest; requiring the borrower to comply or come into compliance with applicable federal, state, and local environmental and other laws, regulations, and permits during the term of the security interest; securing or exercising authority to monitor or inspect the facility including on-site inspections, or to monitor or inspect the borrower's business or financial condition during the term of the security interest; or taking other actions necessary to adequately police the loan or security interest such as requiring a borrower to comply with any warranties, covenants, conditions, representations, or promises from the borrower. (26) "Potentially liable person" means any person whom the department finds, based on credible evidence, to be liable under RCW 70A.305.040 . The department shall give notice to any such person and allow an opportunity for comment before making the finding, unless an emergency requires otherwise. (27) "Prepare a facility for sale, transfer, or assignment" means to secure access to the facility; perform routine maintenance on the facility; remove inventory, equipment, or structures; properly maintain environmental compliance measures already in place at the facility; conduct remedial actions to cleanup releases at the facility; or to perform other similar activities intended to preserve the value of the facility where the borrower has defaulted on the loan or otherwise breached the security agreement or after foreclosure and its equivalents and in anticipation of a pending sale, transfer, or assignment, primarily to protect the holder's security interest in the facility. A holder can prepare a facility for sale, transfer, or assignment for up to one year prior to foreclosure and its equivalents and still stay within the security interest exemption in subsection (22)(b)(ii) of this section. (28) "Primarily to protect a security interest" means the indicia of ownership is held primarily for the purpose of securing payment or performance of an obligation. The term does not include indicia of ownership held primarily for investment purposes nor indicia of ownership held primarily for purposes other than as protection for a security interest. A holder may have other, secondary reasons, for maintaining indicia of ownership, but the primary reason must be for protection of a security interest. Holding indicia of ownership after foreclosure or its equivalents for longer than five years shall be considered to be holding the indicia of ownership for purposes other than primarily to protect a security interest. For facilities that have been acquired through foreclosure or its equivalents prior to July 23, 1995, this five-year period shall begin as of July 23, 1995. (29) "Prospective purchaser" means a person who is not currently liable for remedial action at a facility and who proposes to purchase, redevelop, or reuse the facility. (30) "Public notice" means, at a minimum, adequate notice mailed to all persons who have made timely request of the department and to persons residing in the potentially affected vicinity of the proposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for interested persons to comment. (31) "Redevelopment opportunity zone" means a geographic area designated under RCW 70A.305.150 . (32) "Release" means any intentional or unintentional entry of any hazardous substance into the environment, including but not limited to the abandonment or disposal of containers of hazardous substances. (33) "Remedy" or "remedial action" means any action or expenditure consistent with the purposes of this chapter to identify, eliminate, or minimize any threat or potential threat posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health. (34) "Security interest" means an interest in a facility created or established for the purpose of securing a loan or other obligation. Security interests include deeds of trusts, sellers interest in a real estate contract, liens, legal, or equitable title to a facility acquired incident to foreclosure and its equivalents, and title pursuant to lease financing transactions. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, easements, and consignments, if the transaction creates or establishes an interest in a facility for the purpose of securing a loan or other obligation. (35) "Workout activities" means those actions by which a holder, at any time prior to foreclosure and its equivalents, seeks to prevent, cure, or mitigate a default by the borrower or obligor; or to preserve, or prevent the diminution of, the value of the security. Workout activities include: Restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment of accounts or other amounts owed to an obligor; requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owed to an obligor; providing specific or general financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled to by law or under any warranties, covenants, conditions, representations, or promises from the borrower.
RCW 70.385.900 — Washington Code / Title 70 / Chapter 385 / Section 900
RCW 70.385.900: Effective date—2019 c 446 ss 48-53.
Status: in_force

Sections 48 through 53 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2019.
RCW 70.40.030 — Washington Code / Title 70 / Chapter 40 / Section 030
RCW 70.40.030: Section of hospital and medical facility survey and construction established—Duties.
Status: in_force

There is hereby established in the state department of health a "section of hospital and medical facility survey and construction" which shall be administered by a full time salaried head under the supervision and direction of the secretary. The state department of health, through such section, shall constitute the sole agency of the state for the purpose of: (1) Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of hospital and medical facility construction; and (2) Developing and administering a state plan for the construction of public and other nonprofit hospitals and medical facilities as provided in this chapter.
RCW 70A.345.090 — Washington Code / Title 70A / Chapter 345 / Section 090
RCW 70A.345.090: Report on agency activities.
Status: in_force

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.
RCW 70.136.050 — Washington Code / Title 70 / Chapter 136 / Section 050
RCW 70.136.050: Persons and agencies rendering emergency aid in hazardous materials incidents—Immunity from liability—Limitations.
Status: in_force

An incident command agency in the good faith performance of its duties, is not liable for civil damages resulting from any act or omission in the performance of its duties, other than acts or omissions constituting gross negligence or wilful or wanton misconduct. Any person or public agency whose assistance has been requested by an incident command agency, who has entered into a written hazardous materials assistance agreement before or at the scene of the incident pursuant to RCW 70.136.060 and 70.136.070 , and who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident, is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.
RCW 70.41.460 — Washington Code / Title 70 / Chapter 41 / Section 460
RCW 70.41.460: Contract with department of corrections.
Status: in_force

As a condition of licensure, a hospital must contract with the department of corrections pursuant to RCW 72.10.030 .
RCW 70A.305.160 — Washington Code / Title 70A / Chapter 305 / Section 160
RCW 70A.305.160: Brownfield renewal authority.
Status: in_force

(1) A city, county, or port district may establish by resolution a brownfield renewal authority for the purpose of guiding and implementing the cleanup and reuse of properties within a designated redevelopment opportunity zone. Any combination of cities, counties, and port districts may establish a brownfield renewal authority through an interlocal agreement under chapter 39.34 RCW, and the brownfield renewal authority may exercise those powers as are authorized under chapter 39.34 RCW and under this chapter. (2) A brownfield renewal authority must be governed by a board of directors selected as determined by the resolution or interlocal agreement establishing the authority. (3) A brownfield renewal authority must be a separate legal entity and be deemed a municipal corporation. It has the power to: Sue and be sued; receive, account for, and disburse funds; employ personnel; and acquire or dispose of any interest in real or personal property within a redevelopment opportunity zone in the furtherance of the authority purposes. A brownfield renewal authority has the power to contract indebtedness and to issue and sell general obligation bonds pursuant to and in the manner provided for general county bonds in chapters 36.67 and 39.46 RCW and other applicable statutes, and to issue revenue bonds pursuant to and in the manner provided for revenue bonds in chapter 36.67 RCW and other applicable statutes. (4) If the department determines that substantial progress has not been made on the plan approved under *RCW 70A.305.140 by the brownfield renewal authority within six years of a city, county, or port district establishing a brownfield renewal authority, the department may require dissolution of the brownfield renewal authority. Upon dissolution of the brownfield renewal authority, except as provided in *RCW 70A.305.140 , all assets and liabilities transfer to the city, town, or port district establishing the brownfield renewal authority.
RCW 70A.15.4520 — Washington Code / Title 70A / Chapter 15 / Section 4520
RCW 70A.15.4520: Metals mining and milling operations permits—Inspections by department of ecology.
Status: in_force

If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during the construction phase of the mining and milling operation in order to ensure compliance with this chapter.
RCW 70.38.118 — Washington Code / Title 70 / Chapter 38 / Section 118
RCW 70.38.118: Certificates of need—Applications submitted by hospice agencies.
Status: in_force

All certificate of need applications submitted by hospice agencies for the construction, development, or other establishment of a facility to be licensed as either a hospital under chapter 70.41 RCW or as a nursing home under chapter 18.51 RCW, for the purpose of operating the functional equivalent of a hospice care center shall not require a separate certificate of need for a hospice care center provided the certificate of need application was declared complete prior to July 1, 2001, the applicant has been issued a certificate of need, and has applied for and received an in-home services agency license by July 1, 2002.
RCW 70.41.380 — Washington Code / Title 70 / Chapter 41 / Section 380
RCW 70.41.380: Notice of unanticipated outcomes.
Status: in_force

Hospitals shall have in place policies to assure that, when appropriate, information about unanticipated outcomes is provided to patients or their families or any surrogate decision makers identified pursuant to RCW 7.70.065 . Notifications of unanticipated outcomes under this section do not constitute an acknowledgment or admission of liability, nor can the fact of notification, the content disclosed, or any and all statements, affirmations, gestures, or conduct expressing apology be introduced as evidence in a civil action.
RCW 70A.15.6260 — Washington Code / Title 70A / Chapter 15 / Section 6260
RCW 70A.15.6260: Establishment of critical deposition and acidification levels—Considerations.
Status: in_force

In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology shall consider: (1) Current acid deposition and lake, stream, and soil acidification levels; (2) Changes in acid deposition and lake, stream, and soil acidification levels; (3) Effects of acid deposition and lake, stream, and soil acidification on the environment; and (4) The need to prevent environmental degradation.
RCW 70.97.030 — Washington Code / Title 70 / Chapter 97 / Section 030
RCW 70.97.030: Admission criteria.
Status: in_force

A person, eighteen years old or older, may be admitted to an enhanced services facility if he or she meets the criteria in subsections (1) through (4) of this section: (1) The person requires: (a) Daily care by or under the supervision of a mental health professional or nurse; and (b) assistance with three or more activities of daily living; and (2) The person has: (a) A behavioral health disorder; (b) an organic or traumatic brain injury; or (c) a cognitive impairment that results in symptoms or behaviors requiring supervision and support services; (3) The person has been assessed by the department to need the services provided in an enhanced services facility; and (4) The person has been assessed as medically and psychiatrically stable and two or more of the following apply: (a) Is currently residing in a state mental hospital or psychiatric unit of a hospital and the hospital has found the person to be ready for discharge; (b) Has a history of an inability to remain medically or psychiatrically stable for more than six months; (c) Has exhibited serious challenging behaviors within the last year; (d) Has complex medication needs and an inability to manage these medications, which has affected their ability to live in the community; (e) Has a history of or likelihood of unsuccessful placements in other licensed long-term care facilities or a history of rejected applications for admission to other licensed facilities based on the person's behaviors, history, or needs; (f) Has a history of frequent or prolonged behavioral health disorder-related hospitalizations; or (g) Requires caregiving staff with training in providing behavioral supports to adults with challenging behaviors.
RCW 70A.15.2260 — Washington Code / Title 70A / Chapter 15 / Section 2260
RCW 70A.15.2260: Operating permits for air contaminant sources—Generally—Fees, report to legislature.
Status: in_force

The department of ecology, or board of an authority, shall require renewable permits for the operation of air contaminant sources subject to the following conditions and limitations: (1) Permits shall be issued for a term of five years. A permit may be modified or amended during its term at the request of the permittee, or for any reason allowed by the federal clean air act. The rules adopted pursuant to subsection (2) of this section shall include rules for permit amendments and modifications. The terms and conditions of a permit shall remain in effect after the permit itself expires if the permittee submits a timely and complete application for permit renewal. (2)(a) Rules establishing the elements for a statewide operating permit program and the process for permit application and renewal consistent with federal requirements shall be established by the department by January 1, 1993. The rules shall provide that every proposed permit must be reviewed prior to issuance by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the permitting authority. The permit program established by these rules shall be administered by the department and delegated local air authorities. Rules developed under this subsection shall not preclude a delegated local air authority from including in a permit its own more stringent emission standards and operating restrictions. (b) The board of any local air pollution control authority may apply to the department of ecology for a delegation order authorizing the local authority to administer the operating permit program for sources under that authority's jurisdiction. The department shall, by order, approve such delegation, if the department finds that the local authority has the technical and financial resources, to discharge the responsibilities of a permitting authority under the federal clean air act. A delegation request shall include adequate information about the local authority's resources to enable the department to make the findings required by this subsection. However, any delegation order issued under this subsection shall take effect ninety days after the environmental protection agency authorizes the local authority to issue operating permits under the federal clean air act. (c) Except for the authority granted the energy facility site evaluation council to issue permits for the new construction, reconstruction, or enlargement or operation of new energy facilities under chapter 80.50 RCW, the department may exercise the authority, as delegated by the environmental protection agency, to administer Title IV of the federal clean air act as amended and to delegate such administration to local authorities as applicable pursuant to (b) of this subsection. (3) In establishing technical standards, defined in RCW 70A.15.1030 , the permitting authority shall consider and, if found to be appropriate, give credit for waste reduction within the process. (4) Operating permits shall apply to all sources (a) where required by the federal clean air act, and (b) for any source that may cause or contribute to air pollution in such quantity as to create a threat to the public health or welfare. Subsection (b) of this subsection is not intended to apply to small businesses except when both of the following limitations are satisfied: (i) The source is in an area exceeding or threatening to exceed federal or state air quality standards; and (ii) the department provides a reasonable justification that requiring a source to have a permit is necessary to meet a federal or state air quality standard, or to prevent exceeding a standard in an area threatening to exceed the standard. For purposes of this subsection "areas threatening to exceed air quality standards" shall mean areas projected by the department to exceed such standards within five years. Prior to identifying threatened areas the department shall hold a public hearing or hearings within the proposed areas. (5) Sources operated by government agencies are not exempt under this section. (6) Within one hundred eighty days after the United States environmental protection agency approves the state operating permit program, a person required to have a permit shall submit to the permitting authority a compliance plan and permit application, signed by a responsible official, certifying the accuracy of the information submitted. Until permits are issued, existing sources shall be allowed to operate under presently applicable standards and conditions provided that such sources submit complete and timely permit applications. (7) All draft permits shall be subject to public notice and comment. The rules adopted pursuant to subsection (2) of this section shall specify procedures for public notice and comment. Such procedures shall provide the permitting agency with an opportunity to respond to comments received from interested parties prior to the time that the proposed permit is submitted to the environmental protection agency for review pursuant to section 505(a) of the federal clean air act. In the event that the environmental protection agency objects to a proposed permit pursuant to section 505(b) of the federal clean air act, the permitting authority shall not issue the permit, unless the permittee consents to the changes required by the environmental protection agency. (8) The procedures contained in chapter 43.21B RCW shall apply to permit appeals. The pollution control hearings board may stay the effectiveness of any permit issued under this section during the pendency of an appeal filed by the permittee, if the permittee demonstrates that compliance with the permit during the pendency of the appeal would require significant expenditures that would not be necessary in the event that the permittee prevailed on the merits of the appeal. (9) After the effective date of any permit program promulgated under this section, it shall be unlawful for any person to: (a) Operate a permitted source in violation of any requirement of a permit issued under this section; or (b) fail to submit a permit application at the time required by rules adopted under subsection (2) of this section. (10) Each air operating permit shall state the origin of and specific legal authority for each requirement included therein. Every requirement in an operating permit shall be based upon the most stringent of the following requirements: (a) The federal clean air act and rules implementing that act, including provision of the approved state implementation plan; (b) This chapter and rules adopted thereunder; (c) In permits issued by a local air pollution control authority, the requirements of any order or regulation adopted by that authority; (d) Chapter 70A.388 RCW and rules adopted thereunder; and (e) Chapter 80.50 RCW and rules adopted thereunder. (11) Consistent with the provisions of the federal clean air act, the permitting authority may issue general permits covering categories of permitted sources, and temporary permits authorizing emissions from similar operations at multiple temporary locations. (12) Permit program sources within the territorial jurisdiction of an authority delegated the operating permit program shall file their permit applications with that authority, except that permit applications for sources regulated on a statewide basis pursuant to RCW 70A.15.3080 shall be filed with the department. Permit program sources outside the territorial jurisdiction of a delegated authority shall file their applications with the department. Permit program sources subject to chapter 80.50 RCW shall, irrespective of their location, file their applications with the energy facility site evaluation council. (13) When issuing operating permits to coal-fired electric generating plants, the permitting authority shall establish requirements consistent with Title IV of the federal clean air act. (14)(a) The department and the local air authorities are authorized to assess and to collect, and each source emitting one hundred tons or more per year of a regulated pollutant shall pay an interim assessment to fund the development of the operating permit program during fiscal year 1994. (b) The department shall conduct a workload analysis and prepare an operating permit program development budget for fiscal year 1994. The department shall allocate among all sources emitting one hundred tons or more per year of a regulated pollutant during calendar year 1992 the costs identified in its program development budget according to a three-tiered model, with each of the three tiers being equally weighted, based upon: (i) The number of sources; (ii) The complexity of sources; and (iii) The size of sources, as measured by the quantity of each regulated pollutant emitted by the source. (c) Each local authority and the department shall collect from sources under their respective jurisdictions the interim fee determined by the department and shall remit the fee to the department. (d) Each local authority may, in addition, allocate its fiscal year 1994 operating permit program development costs among the sources under its jurisdiction emitting one hundred tons or more per year of a regulated pollutant during calendar year 1992 and may collect an interim fee from these sources. A fee assessed pursuant to this subsection (14)(d) shall be collected at the same time as the fee assessed pursuant to (c) of this subsection. (e) The fees assessed to a source under this subsection shall be limited to the first seven thousand five hundred tons for each regulated pollutant per year. (15)(a) The department shall determine the persons liable for the fee imposed by subsection (14) of this section, compute the fee, and provide by November 1, 1993, the identity of the fee payer with the computation of the fee to each local authority and to the department of revenue for collection. The department of revenue shall collect the fee computed by the department from the fee payers under the jurisdiction of the department. The administrative, collection, and penalty provisions of chapter 82.32 RCW shall apply to the collection of the fee by the department of revenue. The department shall provide technical assistance to the department of revenue for decisions made by the department of revenue pursuant to RCW 82.32.160 and 82.32.170 . All interim fees collected by the department of revenue on behalf of the department and all interim fees collected by local authorities on behalf of the department shall be deposited in the air operating permit account. The interim fees collected by the local air authorities to cover their permit program development costs under subsection (14)(d) of this section shall be deposited in the dedicated accounts of their respective treasuries. (b) All fees identified in this section shall be due and payable on March 1, 1994, except that the local air pollution control authorities may adopt by rule an earlier date on which fees are to be due and payable. The section 5, chapter 252, Laws of 1993 amendments to RCW 70A.15.2260 do not have the effect of terminating, or in any way modifying, any liability, civil or criminal, incurred pursuant to the provisions of RCW 70A.15.2260 (15) and (17) as they existed prior to July 25, 1993. (16) For sources or source categories not required to obtain permits under subsection (4) of this section, the department or local authority may establish by rule control technology requirements. If control technology rule revisions are made by the department or local authority under this subsection, the department or local authority shall consider the remaining useful life of control equipment previously installed on existing sources before requiring technology changes. The department or any local air authority may issue a general permit, as authorized under the federal clean air act, for such sources. (17) Emissions of greenhouse gases as defined in RCW 70A.45.010 must be reported as required by RCW 70A.15.2200 . The reporting provisions of RCW 70A.15.2200 shall not apply to any other emissions from any permit program source after the effective date of United States environmental protection agency approval of the state operating permit program.
RCW 70.170.070 — Washington Code / Title 70 / Chapter 170 / Section 070
RCW 70.170.070: Penalties.
Status: in_force

(1) Every person who shall violate or knowingly aid and abet the violation of RCW * 70.170.060 (5) or (6), 70.170.080 , or ** 70.170.100 , or any valid orders or rules adopted pursuant to these sections, or who fails to perform any act which it is herein made his or her duty to perform, shall be guilty of a misdemeanor. Following official notice to the accused by the department of the existence of an alleged violation, each day of noncompliance upon which a violation occurs shall constitute a separate violation. Any person violating the provisions of this chapter may be enjoined from continuing such violation. The department has authority to levy civil penalties not exceeding one thousand dollars for violations of this chapter and determined pursuant to this section. (2) Every person who shall violate or knowingly aid and abet the violation of RCW 70.170.060 (1) or (2), or any valid orders or rules adopted pursuant to such section, or who fails to perform any act which it is herein made his or her duty to perform, shall be subject to the following criminal and civil penalties: (a) For any initial violations: The violating person shall be guilty of a misdemeanor, and the department may impose a civil penalty not to exceed one thousand dollars as determined pursuant to this section. (b) For a subsequent violation of RCW 70.170.060 (1) or (2) within five years following a conviction: The violating person shall be guilty of a misdemeanor, and the department may impose a penalty not to exceed three thousand dollars as determined pursuant to this section. (c) For a subsequent violation with intent to violate RCW 70.170.060 (1) or (2) within five years following a conviction: The criminal and civil penalties enumerated in (a) of this subsection; plus up to a three-year prohibition against the issuance of tax exempt bonds under the authority of the Washington health care facilities authority; and up to a three-year prohibition from applying for and receiving a certificate of need. (d) For a violation of RCW 70.170.060 (1) or (2) within five years of a conviction under (c) of this subsection: The criminal and civil penalties and prohibition enumerated in (a) and (b) of this subsection; plus up to a one-year prohibition from participation in the state medical assistance or medical care services authorized under chapter 74.09 RCW. (3) The provisions of chapter 34.05 RCW shall apply to all noncriminal actions undertaken by the department of health, the department of social and health services, and the Washington health care facilities authority pursuant to chapter 9, Laws of 1989 1st ex. sess.
RCW 70A.345.050 — Washington Code / Title 70A / Chapter 345 / Section 050
RCW 70A.345.050: Program administration—Loan origination fees.
Status: in_force

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.
RCW 70.47.090 — Washington Code / Title 70 / Chapter 47 / Section 090
RCW 70.47.090: Removal of enrollees.
Status: in_force

Any enrollee whose premium payments to the plan are delinquent or who moves his or her residence out of an area served by the plan may be dropped from enrollment status. An enrollee whose premium is the responsibility of the department of social and health services under RCW 70.47.110 may not be dropped solely because of nonpayment by the department. The *administrator shall provide delinquent enrollees with advance written notice of their removal from the plan and shall provide for a hearing under chapters 34.05 and 34.12 RCW for any enrollee who contests the decision to drop the enrollee from the plan. Upon removal of an enrollee from the plan, the *administrator shall promptly notify the managed health care system in which the enrollee has been enrolled, and shall not be responsible for payment for health care services provided to the enrollee (including, if applicable, members of the enrollee's family) after the date of notification. A managed health care system may contest the denial of payment for coverage of an enrollee through a hearing under chapters 34.05 and 34.12 RCW.
RCW 70.97.200 — Washington Code / Title 70 / Chapter 97 / Section 200
RCW 70.97.200: Recordkeeping—Compliance with state, federal regulations—Health care information releases.
Status: in_force

The facility shall: (1) Maintain adequate resident records to enable the provision of necessary behavior support, care, and services and to respond appropriately in emergency situations; (2) Comply with all state and federal requirements related to documentation, confidentiality, and information sharing, including chapters 10.77 , 70.02, 70.24, and 71.05 RCW; and (3) Where possible, obtain signed releases of information designating the department, the facility, and the department of corrections where the person is under its supervision, as recipients of health care information.
RCW 70A.02.030 — Washington Code / Title 70A / Chapter 02 / Section 030
RCW 70A.02.030: Authority of other agencies to opt in to environmental justice obligations.
Status: in_force

(1) Any state agency, as the term "agency" is defined in RCW 34.05.010 , including the governor's office and the office of the attorney general but excluding local governmental entities, may opt in to assume all of the substantive and procedural requirements of covered agencies under chapter 70A.02 RCW at any time by notifying the council established in RCW 70A.02.110 . (2) An agency that opts in to assume all of the substantive and procedural requirements of chapter 70A.02 RCW is not subject to the deadlines or timelines established in RCW 70A.02.040 , 70A.02.050 , 70A.02.060 , 70A.02.080 , and 70A.02.110 .
RCW 70A.405.110 — Washington Code / Title 70A / Chapter 405 / Section 110
RCW 70A.405.110: Rules.
Status: in_force

The department may adopt rules to fully implement this chapter.
RCW 70.90.205 — Washington Code / Title 70 / Chapter 90 / Section 205
RCW 70.90.205: Criminal penalties.
Status: in_force

The violation of any provisions of this chapter and any rules adopted under this chapter shall be a misdemeanor punishable by a fine of not more than five hundred dollars.
RCW 70A.228.030 — Washington Code / Title 70A / Chapter 228 / Section 030
RCW 70A.228.030: Waste treatment technologies.
Status: in_force

(1) At the request of an applicant, the department of health, in consultation with the department of ecology and local health departments, may evaluate the environmental and public health impacts of biomedical waste treatment technologies. The department shall make available the results of any evaluation to local health departments. (2) All direct costs associated with the evaluation shall be paid by the applicant to the department of health or to a state or local entity designated by the department of health. (3) For the purposes of this section, "applicant" means any person representing a biomedical waste treatment technology that seeks an evaluation under subsection (1) of this section. (4) The department of health may adopt rules to implement this section.
RCW 70.56.050 — Washington Code / Title 70 / Chapter 56 / Section 050
RCW 70.56.050: Confidentiality of notifications and reports.
Status: in_force

(1)(a) When notification of an adverse event under RCW 70.56.020 (2)(a) or of an incident under RCW 70.56.040 (5), or a report regarding an adverse event under RCW 70.56.020 (2)(b) is made by or through a coordinated quality improvement program under RCW 43.70.510 or 70.41.200 , or by a peer review committee under RCW 4.24.250 , information and documents, including complaints and incident reports, created specifically for and collected and maintained by a quality improvement committee for the purpose of preparing a notification of an adverse event or incident or a report regarding an adverse event, the report itself, and the notification of an incident, shall be subject to the confidentiality protections of those laws and RCW 42.56.360 (1)(c). (b) The notification of an adverse event under RCW 70.56.020 (2)(a), shall be subject to public disclosure and not exempt from disclosure under chapter 42.56 RCW. Any public disclosure of an adverse event notification must include any contextual information the medical facility chose to provide under RCW 70.56.020 (2)(a). (2)(a) When notification of an adverse event under RCW 70.56.020 (2)(a) or of an incident under RCW 70.56.040 (5), or a report regarding an adverse event under RCW 70.56.020 (2)(b), made by a health care worker uses information and documents, including complaints and incident reports, created specifically for and collected and maintained by a quality improvement committee under RCW 43.70.510 or 70.41.200 or a peer review committee under RCW 4.24.250 , a notification of an incident, the report itself, and the information or documents used for the purpose of preparing notifications or the report, shall be subject to the confidentiality protections of those laws and RCW 42.56.360 (1)(c). (b) The notification of an adverse event under RCW 70.56.020 (2)(a) shall be subject to public disclosure and not exempt from disclosure under chapter 42.56 RCW. Any public disclosure of an adverse event notification must include any contextual information the medical facility chose to provide under RCW 70.56.020 (2)(a).
RCW 70A.545.130 — Washington Code / Title 70A / Chapter 545 / Section 130
RCW 70A.545.130: Immunity from civil liability.
Status: in_force

Officers, employees, and authorized representatives of the agency 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.
RCW 70.400.020 — Washington Code / Title 70 / Chapter 400 / Section 020
RCW 70.400.020: Provision of care for complications of pregnancy—Retaliatory action prohibited.
Status: in_force

(1) Except as provided in subsection (2) of this section, if a health care provider is acting in good faith, within the provider's scope of practice, education, training, and experience and within the accepted standard of care, a health care entity may not prohibit the health care provider from providing health care services related to complications of pregnancy, including but not limited to health services related to miscarriage management and treatment for ectopic pregnancies, in cases in which failure to provide the service would violate the accepted standard of care or when the patient presents a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of medical attention could reasonably be expected to pose a risk: (a) To the patient's life; or (b) Of irreversible complications or impairment to the patient's bodily functions or any bodily organ or part. (2) Nothing in this section prohibits a health care entity from limiting a health care provider's practice for purposes of: (a) Complying with the network or utilization review requirements of any program or entity authorized by state or federal law to provide insurance coverage for health care services to enrollees; or (b) Quality control and patient safety, including when quality control or patient safety issues are identified pursuant to peer review. (3) A health care entity may not discharge, demote, suspend, discipline, or otherwise discriminate against a health care provider for providing services in compliance with this section.
RCW 70.168.140 — Washington Code / Title 70 / Chapter 168 / Section 140
RCW 70.168.140: Prehospital provider liability.
Status: in_force

(1) No act or omission of any prehospital provider done or omitted in good faith while rendering emergency medical services in accordance with the approved regional plan shall impose any liability upon that provider. (2) This section does not apply to the commission or omission of an act which is not within the field of the medical expertise of the provider. (3) This section does not relieve a provider of any duty otherwise imposed by law. (4) This section does not apply to any act or omission which constitutes gross negligence or willful or wanton misconduct. (5) This section applies in addition to provisions already established in RCW 18.71.210 .
RCW 70A.120.180 — Washington Code / Title 70A / Chapter 120 / Section 180
RCW 70A.120.180: Examinations.
Status: in_force

(1) Any examination required by the department as a prerequisite for the issuance of certificate under this chapter must be offered in both eastern and western Washington. (2) Operators not required to be certified by this chapter are encouraged to become certified on a voluntary basis.
RCW 15.37.030 — Washington Code / Title 70 / Chapter 37 / Section 030
RCW 15.37.030: Minimum conditions for sale, etc.—When license required—Expiration date of license.
Status: in_force

It shall be unlawful for any person to sell, offer for sale, hold for sale, or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim milk, for animal food consumption, which does not meet, or has not been produced and handled under conditions prescribed for grade A milk as provided in chapter 15.36 RCW as enacted or hereafter amended, without first obtaining an annual license from the director which shall expire on June 30th following the date of issuance unless revoked prior thereto by the director for cause.There is hereby established a public body corporate and politic, with perpetual corporate succession, to be known as the Washington health care facilities authority. The authority shall constitute a political subdivision of the state established as an instrumentality exercising essential governmental functions. The authority is a "public body" within the meaning of RCW 39.53.010 . The authority shall consist of the governor who shall serve as chair, the lieutenant governor, the insurance commissioner, the secretary of health, and one member of the public who shall be appointed by the governor, subject to confirmation by the senate, on the basis of the member's interest or expertise in health care delivery, for a term expiring on the fourth anniversary of the date of appointment. In the event that any of the offices referred to shall be abolished, the resulting vacancy on the authority shall be filled by the officer who shall succeed substantially to the powers and duties thereof. The members of the authority shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement, solely from the funds of the authority, for travel expenses incurred in the discharge of their duties under this chapter, subject to the provisions of RCW 43.03.050 and 43.03.060 . A majority shall constitute a quorum. The governor and the insurance commissioner each may designate an employee of his or her office to act on his or her behalf during the absence of the governor or the insurance commissioner at one or more of the meetings of the authority. The vote of the designee shall have the same effect as if cast by the governor or the insurance commissioner if the designation is in writing and is presented to the person presiding at the meetings included within the designation. The governor may designate a member to preside during the governor's absence.
RCW 70A.200.170 — Washington Code / Title 70A / Chapter 200 / Section 170
RCW 70A.200.170: Litter collection programs—Department of ecology—Coordinating agency—Use of funds—Reporting by agencies.
Status: in_force

(1) The department is the coordinating and administrative agency working with the departments of natural resources, revenue, transportation, and corrections, and the parks and recreation commission in developing a biennial budget request for funds for the various agencies' litter collection programs. (2) Funds may be used to meet the needs of efficient and effective litter collection and illegal dumping programs identified by the various agencies. The department shall develop criteria for evaluating the effectiveness and efficiency of the waste reduction, litter control, and recycling programs being administered by the various agencies listed in RCW 70A.200.140 , and shall distribute funds according to the effectiveness and efficiency of those programs. In addition, the department shall approve funding requests for efficient and effective waste reduction, litter control, and recycling programs, provide funds, and monitor the results of all agency programs. (3) All agencies are responsible for reporting information on their litter collection programs as requested by the department. (4) The department shall contract with the department of transportation to schedule litter prevention messaging and coordination of litter emphasis patrols with the Washington state patrol. Additionally, the department of transportation may coordinate with the department to conduct litter pickup during scheduled maintenance closures as situations allow.
RCW 70.265.110 — Washington Code / Title 70 / Chapter 265 / Section 110
RCW 70.265.110: Contracting with other entities to provide hospital facilities or hospital services.
Status: in_force

Any public hospital capital facility area may contract or join with any public hospital district, publicly owned hospital, nonprofit hospital, legal entity, or individual to acquire, own, operate, manage, or provide any hospital or other health care facilities or hospital services or other health care services to be used by individuals, districts, hospitals, or others, including providing health maintenance services. If a public hospital capital facility area chooses to contract or join with another party or parties pursuant to the provisions of this chapter, it may do so through establishing a nonprofit corporation, partnership, limited liability company, or other legal entity of its choosing in which the public hospital capital facility area and the other party or parties participate. The governing body of the legal entity must include representatives of the public hospital capital facility area, which representatives may include members of the public hospital district's board of commissioners. A public hospital capital facility area contracting or joining with another party pursuant to the provisions of this chapter may appropriate funds and may sell, lease, or otherwise provide property, personnel, and services to the legal entity established to carry out the contract or joint activity.
RCW 70.54.315 — Washington Code / Title 70 / Chapter 54 / Section 315
RCW 70.54.315: Semiautomatic external defibrillators—Fitness centers.
Status: in_force

(1) The owner of a fitness center shall acquire and maintain at least one semiautomatic external defibrillator on premises. (2) The fitness center must comply with the requirements of RCW 70.54.310 , including instruction of personnel on the use of the defibrillator, maintenance of the defibrillator, and notification of the local emergency medical services organization about the location of the defibrillator. (3) An employee of a fitness center who has completed the instruction required under RCW 70.54.310 may render emergency care or treatment using a semiautomatic external defibrillator on the fitness center premises. (4) A person who uses a semiautomatic external defibrillator at the scene of an emergency is immune from civil liability pursuant to RCW 70.54.310 . (5)(a) "Fitness center" means any premises used for recreation, instruction, training, physical exercise, body building, weight loss, figure development, martial arts, or other similar activity, that offers access on a membership basis. (b) "Fitness center" does not include: (i) Public common schools, private schools approved under RCW 28A.195.010 , and public or private institutions of higher education; (ii) facilities operated by bona fide nonprofit organizations which have been granted tax-exempt status by the internal revenue service, the functions of which as fitness centers are only incidental to their overall functions; and (iii) private facilities operated out of a home that do not offer memberships.
RCW 70.41.200 — Washington Code / Title 70 / Chapter 41 / Section 200
RCW 70.41.200: Quality improvement and medical malpractice prevention program—Quality improvement committee—Sanction and grievance procedures—Information collection, reporting, and sharing.
Status: in_force

(1) Every hospital shall maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice. The program shall include at least the following: (a) The establishment of one or more quality improvement committees with the responsibility to review the services rendered in the hospital, both retrospectively and prospectively, in order to improve the quality of medical care of patients and to prevent medical malpractice. Different quality improvement committees may be established as a part of a quality improvement program to review different health care services. Such committees shall oversee and coordinate the quality improvement and medical malpractice prevention program and shall ensure that information gathered pursuant to the program is used to review and to revise hospital policies and procedures; (b) A process, including a medical staff privileges sanction procedure which must be conducted substantially in accordance with medical staff bylaws and applicable rules, regulations, or policies of the medical staff through which credentials, physical and mental capacity, professional conduct, and competence in delivering health care services are periodically reviewed as part of an evaluation of staff privileges; (c) A process for the periodic review of the credentials, physical and mental capacity, professional conduct, and competence in delivering health care services of all other health care providers who are employed or associated with the hospital; (d) A procedure for the prompt resolution of grievances by patients or their representatives related to accidents, injuries, treatment, and other events that may result in claims of medical malpractice; (e) The maintenance and continuous collection of information concerning the hospital's experience with negative health care outcomes and incidents injurious to patients including health care-associated infections as defined in RCW 43.70.056 , patient grievances, professional liability premiums, settlements, awards, costs incurred by the hospital for patient injury prevention, and safety improvement activities; (f) The maintenance of relevant and appropriate information gathered pursuant to (a) through (e) of this subsection concerning individual physicians within the physician's personnel or credential file maintained by the hospital; (g) Education programs dealing with quality improvement, patient safety, medication errors, injury prevention, infection control, staff responsibility to report professional misconduct, the legal aspects of patient care, improved communication with patients, and causes of malpractice claims for staff personnel engaged in patient care activities; and (h) Policies to ensure compliance with the reporting requirements of this section. (2) Any person who, in substantial good faith, provides information to further the purposes of the quality improvement and medical malpractice prevention program or who, in substantial good faith, participates on the quality improvement committee shall not be subject to an action for civil damages or other relief as a result of such activity. Any person or entity participating in a coordinated quality improvement program that, in substantial good faith, shares information or documents with one or more other programs, committees, or boards under subsection (8) of this section is not subject to an action for civil damages or other relief as a result of the activity. For the purposes of this section, sharing information is presumed to be in substantial good faith. However, the presumption may be rebutted upon a showing of clear, cogent, and convincing evidence that the information shared was knowingly false or deliberately misleading. (3) Information and documents, including complaints and incident reports, created specifically for, and collected and maintained by, a quality improvement committee are not subject to review or disclosure, except as provided in this section, or discovery or introduction into evidence in any civil action, and no person who was in attendance at a meeting of such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings or the documents and information prepared specifically for the committee. This subsection does not preclude: (a) In any civil action, the discovery of the identity of persons involved in the medical care that is the basis of the civil action whose involvement was independent of any quality improvement activity; (b) in any civil action, the testimony of any person concerning the facts which form the basis for the institution of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any civil action by a health care provider regarding the restriction or revocation of that individual's clinical or staff privileges, introduction into evidence information collected and maintained by quality improvement committees regarding such health care provider; (d) in any civil action, disclosure of the fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons for the restrictions; or (e) in any civil action, discovery and introduction into evidence of the patient's medical records required by regulation of the department of health to be made regarding the care and treatment received. (4) Each quality improvement committee shall, on at least a semiannual basis, report to the governing board of the hospital in which the committee is located. The report shall review the quality improvement activities conducted by the committee, and any actions taken as a result of those activities. (5) The department of health shall adopt such rules as are deemed appropriate to effectuate the purposes of this section. (6) The Washington medical commission or the board of osteopathic medicine and surgery, as appropriate, may review and audit the records of committee decisions in which a physician's privileges are terminated or restricted. Each hospital shall produce and make accessible to the commission or board the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to the discovery process and confidentiality shall be respected as required by subsection (3) of this section. Failure of a hospital to comply with this subsection is punishable by a civil penalty not to exceed two hundred fifty dollars. (7) The department, the joint commission on accreditation of health care organizations, and any other accrediting organization may review and audit the records of a quality improvement committee or peer review committee in connection with their inspection and review of hospitals. Information so obtained shall not be subject to the discovery process, and confidentiality shall be respected as required by subsection (3) of this section. Each hospital shall produce and make accessible to the department the appropriate records and otherwise facilitate the review and audit. (8) A coordinated quality improvement program may share information and documents, including complaints and incident reports, created specifically for, and collected and maintained by, a quality improvement committee or a peer review committee under RCW 4.24.250 with one or more other coordinated quality improvement programs maintained in accordance with this section or RCW 43.70.510 , a coordinated quality improvement committee maintained by an ambulatory surgical facility under RCW 70.230.070 , a quality assurance committee maintained in accordance with RCW 18.20.390 or 74.42.640 , or a peer review committee under RCW 4.24.250 , for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice. The privacy protections of chapter 70.02 RCW and the federal health insurance portability and accountability act of 1996 and its implementing regulations apply to the sharing of individually identifiable patient information held by a coordinated quality improvement program. Any rules necessary to implement this section shall meet the requirements of applicable federal and state privacy laws. Information and documents disclosed by one coordinated quality improvement program to another coordinated quality improvement program or a peer review committee under RCW 4.24.250 and any information and documents created or maintained as a result of the sharing of information and documents shall not be subject to the discovery process and confidentiality shall be respected as required by subsection (3) of this section, RCW 18.20.390 (6) and (8), 74.42.640 (7) and (9), and 4.24.250 . (9) A hospital that operates a nursing home as defined in RCW 18.51.010 may conduct quality improvement activities for both the hospital and the nursing home through a quality improvement committee under this section, and such activities shall be subject to the provisions of subsections (2) through (8) of this section. (10) Violation of this section shall not be considered negligence per se.
RCW 70.42.900 — Washington Code / Title 70 / Chapter 42 / Section 900
RCW 70.42.900: Effective dates—1989 c 386.
Status: in_force

(1) RCW 70.42.005 through 70.42.210 shall take effect July 1, 1990. (2) RCW 70.42.220 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 July 1, 1989.
RCW 70.230.100 — Washington Code / Title 70 / Chapter 230 / Section 100
RCW 70.230.100: Ambulatory surgical facilities—Surveys.
Status: in_force

(1) The department shall make or cause to be made a survey of all ambulatory surgical facilities according to the following frequency: (a) Except as provided in (b) of this subsection, an ambulatory surgical facility must be surveyed by the department no more than once every eighteen months. (b) An ambulatory surgical facility must be surveyed by the department no more than once every thirty-six months if the ambulatory surgical facility: (i) Has had, within eighteen months of a department survey, a survey in connection with its certification by the centers for medicare and medicaid services or accreditation by an accreditation organization approved by the department under RCW 70.230.020 (5); (ii) Has maintained certification by the centers for medicare and medicaid services or accreditation by an accreditation organization approved by the department under RCW 70.230.020 (5) since the survey in connection with its certification or accreditation pursuant to (b)(i) of this subsection; and (iii) As soon as practicable after a survey in connection with its certification or accreditation pursuant to (b)(i) of this subsection, provides the department with documentary evidence that the ambulatory surgical facility is certified or accredited and that the survey has occurred, including the date that the survey occurred. (2) Every survey of an ambulatory surgical facility may include an inspection of every part of the surgical facility. The department may make an examination of all phases of the ambulatory surgical facility operation necessary to determine compliance with all applicable statutes, rules, and regulations. In the event that the department is unable to make a survey or cause a survey to be made during the three years of the term of the license, the license of the ambulatory surgical facility shall remain in effect until the state conducts a survey or a substitute survey is performed if the ambulatory surgical facility is in compliance with all other licensing requirements. (3) Ambulatory surgical facilities shall make the written reports of surveys conducted pursuant to medicare certification procedures or by an approved accrediting organization available to department surveyors during any department surveys or upon request.
RCW 70.115.060 — Washington Code / Title 70 / Chapter 115 / Section 060
RCW 70.115.060: Retailers not required to sell hypodermic syringes.
Status: in_force

Nothing contained in chapter 213, Laws of 2002 shall be construed to require a retailer to sell hypodermic needles or syringes to any person.
RCW 70A.545.900 — Washington Code / Title 70A / Chapter 545 / Section 900
RCW 70A.545.900: Expiration of chapter.
Status: in_force

This chapter expires July 1, 2030.
RCW 70.85.120 — Washington Code / Title 70 / Chapter 85 / Section 120
RCW 70.85.120: Liability of telephone company.
Status: in_force

Good faith reliance on an order given under RCW 70.85.100 through 70.85.130 by a supervising law enforcement official shall constitute a complete defense to any civil or criminal action arising out of such ordered cutting, rerouting or diverting of telephone lines.
RCW 70.02.130 — Washington Code / Title 70 / Chapter 02 / Section 130
RCW 70.02.130: Consent by others—Health care representatives.
Status: in_force

(1) A person authorized to consent to health care for another may exercise the rights of that person under this chapter to the extent necessary to effectuate the terms or purposes of the grant of authority. If the patient is a minor and is authorized to consent to health care without parental consent under federal and state law, only the minor may exercise the rights of a patient under this chapter as to information pertaining to health care to which the minor lawfully consented. In cases where parental consent is required, a health care provider may rely, without incurring any civil or criminal liability for such reliance, on the representation of a parent that he or she is authorized to consent to health care for the minor patient regardless of whether: (a) The parents are married, unmarried, or separated at the time of the representation; (b) The consenting parent is, or is not, a custodial parent of the minor; (c) The giving of consent by a parent is, or is not, full performance of any agreement between the parents, or of any order or decree in any action entered pursuant to chapter 26.09 RCW. (2) A person authorized to act for a patient shall act in good faith to represent the best interests of the patient.
RCW 70A.505.020 — Washington Code / Title 70A / Chapter 505 / Section 020
RCW 70A.505.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Brand" means a name, symbol, word, or mark that identifies a product, rather than its components, and attributes the product to the owner of the brand as the producer. (2) "Collection" or "collect" means, except for persons involved in mail-back programs: (a) The activity of accumulating any amount of mercury-containing lights at a location other than the location where the lights are used by covered entities, and includes curbside collection activities, household hazardous waste facilities, and other registered drop-off locations; and (b) The activity of transporting mercury-containing lights in the state, where the transporter is not a generator of unwanted mercury-containing lights, to a location for purposes of accumulation. (3) "Covered entities" means: (a) A household generator or other person who purchases mercury-containing lights at retail and delivers no more than the following amounts of mercury-containing lights to registered collectors for a product stewardship program on any given day: (i) An unlimited number of compact fluorescent lamps, as defined in RCW 70A.230.020 , that are mercury-containing lights under this chapter and that feature a screw base; (ii) 15 pin-based compact or linear fluorescent lamps, as defined in RCW 70A.230.020 , that are mercury-containing lights under this chapter; and (iii) Two high-intensity discharge lamps that are mercury-containing lights under this chapter; and (b) A household generator or other person who purchases mercury-containing lights at retail and utilizes a registered residential curbside collection program or a mail-back program for collection of mercury-containing lights and discards no more than 15 mercury-containing lights into those programs on any given day. (4) "Department" means the department of ecology. (5) "Environmental handling charge" or "charge" means the charge approved by the department to be applied to each mercury-containing light to be sold at retail in or into Washington state until December 31, 2028. The environmental handling charge must cover current administrative and operational costs associated with the product stewardship program, including the fee for the department's administration and enforcement. (6) "Final disposition" means the point beyond which no further processing takes place and materials from mercury-containing lights have been transformed for direct use as a feedstock in producing new products, or disposed of or managed in permitted facilities. (7) "Hazardous substances" or "hazardous materials" means those substances or materials identified by rules adopted under chapter 70A.300 RCW. (8) "Legacy producer" means a producer that was required to participate in the product stewardship program established by this chapter at any point in time between January 1, 2015, and December 31, 2028. (9) "Mail-back program" means the use of a prepaid postage container, with mercury vapor barrier packaging that is used for the collection and recycling of mercury-containing lights from covered entities as part of a product stewardship program and is transported by the United States postal service or a common carrier. (10) "Market share" means the percentage of mercury-containing lights that were products for which a producer had an obligation to participate in the program created in this chapter at any point in time between January 1, 2015, and December 31, 2028, by units sold during that period of time, as determined by the stewardship organization in RCW 70A.505.050 . (11) "Mercury-containing lights" means lamps, bulbs, tubes, or other devices that contain mercury and provide functional illumination in homes, businesses, and outdoor stationary fixtures. (12) "Mercury vapor barrier packaging" means sealable containers that are specifically designed for the storage, handling, and transport of mercury-containing lights in order to prevent the escape of mercury into the environment by volatilization or any other means, and that meet the requirements for transporting by the United States postal service or a common carrier. (13) "Orphan product" means a mercury-containing light that lacks a producer's brand, or for which the producer is no longer in business and has no successor in interest, or that bears a brand for which the department cannot identify an owner. (14) "Person" means a sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, cooperative, or other legal entity located within or outside Washington state. (15) "Processing" means recovering materials from unwanted products for use as feedstock in new products. (16) "Producer" means a person that: (a) Has or had legal ownership of the brand, brand name, or cobrand of a mercury-containing light sold in or into Washington state, unless the brand owner is a retailer whose mercury-containing light was supplied by another producer participating in a stewardship program under this chapter; (b) Imports or has imported mercury-containing lights branded by a producer that meets the requirements of (a) of this subsection and where that producer has no physical presence in the United States; (c) If (a) and (b) of this subsection do not apply, makes or made a mercury-containing light that is sold or has been sold in or into Washington state; or (d)(i) Sells or sold at wholesale or retail a mercury-containing light; (ii) does not have legal ownership of the brand; and (iii) elects to fulfill the responsibilities of the producer for that product. (17) "Product stewardship" means a requirement for a producer of mercury-containing lights to manage and reduce adverse safety, health, and environmental impacts of the product throughout its life cycle, including financing and providing for the collection, transporting, reusing, recycling, processing, and final disposition of their products. (18) "Product stewardship plan" or "plan" means a detailed plan describing the manner in which a product stewardship program will be implemented. (19) "Product stewardship program" or "program" means the methods, systems, and services financed in the manner provided for under RCW 70A.505.050 and provided by producers or legacy producers of mercury-containing lights generated by covered entities that addresses product stewardship and includes arranging for the collection, transportation, recycling, processing, and final disposition of unwanted mercury-containing lights, including orphan products. (20) "Recovery" means the collection and transportation of unwanted mercury-containing lights under this chapter. (21)(a) "Recycling" means transforming or remanufacturing unwanted products into usable or marketable materials for use other than landfill disposal or incineration. (b) "Recycling" does not include energy recovery or energy generation by means of combusting unwanted products with or without other waste. (22) "Reporting period" means the period commencing January 1st and ending December 31st in the same calendar year. (23) "Residuals" means nonrecyclable materials left over from processing an unwanted product. (24) "Retailer" means a person who offers mercury-containing lights for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer. (25)(a) "Reuse" means a change in ownership of a mercury-containing light or its components, parts, packaging, or shipping materials for use in the same manner and purpose for which it was originally purchased, or for use again, as in shipping materials, by the generator of the shipping materials. (b) "Reuse" does not include dismantling of products for the purpose of recycling. (26) "Stakeholder" means a person who may have an interest in or be affected by a product stewardship program. (27) "Stewardship organization" means an organization designated by a producer, legacy producer, or group of producers or legacy producers to act as an agent on behalf of each producer or legacy producer to operate a product stewardship program. (28) "Unwanted product" means a mercury-containing light no longer wanted by its owner or that has been abandoned, discarded, or is intended to be discarded by its owner.
RCW 70.48.210 — Washington Code / Title 70 / Chapter 48 / Section 210
RCW 70.48.210: Farms, camps, work release programs, and special detention facilities.
Status: in_force

(1) All cities and counties are authorized to establish and maintain farms, camps, and work release programs and facilities, as well as special detention facilities. The facilities shall meet the requirements of chapter 70.48 RCW and any rules adopted thereunder. (2) Farms and camps may be established either inside or outside the territorial limits of a city or county. A sentence of confinement in a city or county jail may include placement in a farm or camp. Unless directed otherwise by court order, the chief law enforcement officer or department of corrections, may transfer the prisoner to a farm or camp. The sentencing court, chief law enforcement officer, or department of corrections may not transfer to a farm or camp a greater number of prisoners than can be furnished with constructive employment and can be reasonably accommodated. (3) The city or county may establish a city or county work release program and housing facilities for the prisoners in the program. In such regard, factors such as employment conditions and the condition of jail facilities should be considered. When a work release program is established the following provisions apply: (a) A person convicted of a felony and placed in a city or county jail is eligible for the work release program. A person sentenced to a city or county jail is eligible for the work release program. The program may be used as a condition of probation for a criminal offense. Good conduct is a condition of participation in the program. (b) The court may permit a person who is currently, regularly employed to continue his or her employment. The chief law enforcement officer or department of corrections shall make all necessary arrangements if possible. The court may authorize the person to seek suitable employment and may authorize the chief law enforcement officer or department of corrections to make reasonable efforts to find suitable employment for the person. A person participating in the work release program may not work in an establishment where there is a labor dispute. (c) The work release prisoner shall be confined in a work release facility or jail unless authorized to be absent from the facility for program-related purposes, unless the court directs otherwise. (d) Each work release prisoner's earnings may be collected by the chief law enforcement officer or a designee. The chief law enforcement officer or a designee may deduct from the earnings moneys for the payments for the prisoner's board, personal expenses inside and outside the jail, a share of the administrative expenses of this section, court-ordered victim compensation, and court-ordered restitution. Support payments for the prisoner's dependents, if any, shall be made as directed by the court. With the prisoner's consent, the remaining funds may be used to pay the prisoner's preexisting debts. Any remaining balance shall be returned to the prisoner. (e) The prisoner's sentence may be reduced by earned early release time in accordance with procedures that shall be developed and promulgated by the work release facility. The earned early release time shall be for good behavior and good performance as determined by the facility. The facility shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case may the aggregate earned early release time exceed one-third of the total sentence. (f) If the work release prisoner violates the conditions of custody or employment, the prisoner shall be returned to the sentencing court. The sentencing court may require the prisoner to spend the remainder of the sentence in actual confinement and may cancel any earned reduction of the sentence. (4) A special detention facility may be operated by a noncorrectional agency or by noncorrectional personnel by contract with the governing unit. The employees shall meet the standards of training and education established by the criminal justice training commission as authorized by RCW 43.101.080 . The special detention facility may use combinations of features including, but not limited to, low-security or honor prisoner status, work farm, work release, community review, prisoner facility maintenance and food preparation, training programs, or alcohol or drug rehabilitation programs. Special detention facilities may establish a reasonable fee schedule to cover the cost of facility housing and programs. The schedule shall be on a sliding basis that reflects the person's ability to pay.
RCW 70.02.110 — Washington Code / Title 70 / Chapter 02 / Section 110
RCW 70.02.110: Correction or amendment or statement of disagreement—Procedure.
Status: in_force

(1) In making a correction or amendment, the health care provider shall: (a) Add the amending information as a part of the health record; and (b) Mark the challenged entries as corrected or amended entries and indicate the place in the record where the corrected or amended information is located, in a manner practicable under the circumstances. (2) If the health care provider maintaining the record of the patient's health care information refuses to make the patient's proposed correction or amendment, the provider shall: (a) Permit the patient to file as a part of the record of the patient's health care information a concise statement of the correction or amendment requested and the reasons therefor; and (b) Mark the challenged entry to indicate that the patient claims the entry is inaccurate or incomplete and indicate the place in the record where the statement of disagreement is located, in a manner practicable under the circumstances. (3) A health care provider who receives a request from a patient to amend or correct the patient's health care information, as provided in RCW 70.02.100 , shall forward any changes made in the patient's health care information or health record, including any statement of disagreement, to any third-party payor or insurer to which the health care provider has disclosed the health care information that is the subject of the request.
RCW 70A.500.190 — Washington Code / Title 70A / Chapter 500 / Section 190
RCW 70A.500.190: Return share calculation.
Status: in_force

(1) For program years 2009 through 2015, the department shall determine the return share for each manufacturer in the standard plan or an independent plan by dividing the weight of covered electronic products identified for each manufacturer by the total weight of covered electronic products identified for all manufacturers in the standard plan or an independent plan, then multiplying the quotient by one hundred. (2) For the first program year, the department shall determine the return share for such manufacturers using all reasonable means and based on best available information regarding return share data from other states and other pertinent data. (3) For 2014, the department shall determine the return share for such manufacturers using all reasonable means and based on the most recent sampling of covered electronic products conducted in the state under RCW 70A.500.110 . (4)(a) For program year 2016 and all subsequent program years, the department shall determine market share by weight for all manufacturers using any combination of the following data: (i) Generally available market research data; (ii) Sales data supplied by manufacturers for brands they manufacture or sell; or (iii) Sales data provided by retailers for brands they sell. (b) The department shall determine each manufacturer's percentage of market share by dividing each manufacturer's total pounds of covered electronic products sold in Washington by the sum total of all pounds of covered electronic products sold in Washington by all manufacturers. (5) Data reported by manufacturers under subsection (4) of this section is exempt from public disclosure under chapter 42.56 RCW.
RCW 70A.450.030 — Washington Code / Title 70A / Chapter 450 / Section 030
RCW 70A.450.030: Labeling requirement for asbestos-containing building materials.
Status: in_force

(1) Effective January 1, 2014, it is unlawful to manufacture, wholesale, or distribute for sale an asbestos-containing building material that is not labeled as required by RCW 70A.450.040 or as required under federal law, 40 C.F.R. part 763, subpart I, Sec. 173.171 (1994). The labeling requirement also applies to stock-on-hand, meaning any asbestos-containing building material in their possession or control after December 31, 2013, must be labeled. Retailers that do not manufacture, wholesale, or distribute asbestos-containing building materials are exempt from this chapter. (2)(a) Subsection (1) of this section does not apply to asbestos-containing building materials that have already been installed, applied, or used by the consumer. (b) Subsection (1) of this section does not apply to asbestos-containing building materials used solely for United States military purposes. (3) Any manufacturer, wholesaler, or distributor may submit a written request for an exemption from the labeling requirements of this chapter, and the department may grant such an exemption if it determines that the labeling requirements are technically infeasible or create an undue economic hardship. Each exemption is in effect for a period not to exceed three years from the date issued and is subject to the terms and conditions prescribed by the department.
RCW 70A.310.120 — Washington Code / Title 70A / Chapter 310 / Section 120
RCW 70A.310.120: Forfeited bonds—Use of fund.
Status: in_force

All bonds forfeited shall be paid to the department for deposit in the radiation perpetual maintenance fund. All moneys in this fund may only be expended by the department as necessary for the protection of the public health and safety and shall not be used for normal operating expenses of the department.
RCW 70.123.020 — Washington Code / Title 70 / Chapter 123 / Section 020
RCW 70.123.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Community advocate" means a person employed or supervised by a community-based domestic violence program who is trained to provide ongoing assistance and advocacy for victims of domestic violence in assessing and planning for safety needs, making appropriate social service, legal, and housing referrals, providing community education, maintaining contacts necessary for prevention efforts, and developing protocols for local systems coordination. (2) "Community-based domestic violence program" means a nonprofit program or organization that provides, as its primary purpose, assistance and advocacy for domestic violence victims. Domestic violence assistance and advocacy includes crisis intervention, individual and group support, information and referrals, and safety assessment and planning. Domestic violence assistance and advocacy may also include, but is not limited to: Provision of shelter, emergency transportation, self-help services, culturally specific services, legal advocacy, economic advocacy, community education, primary and secondary prevention efforts, and accompaniment and advocacy through medical, legal, immigration, human services, and financial assistance systems. Domestic violence programs that are under the auspices of, or the direct supervision of, a court, law enforcement or prosecution agency, or the child protective services section of the department as defined in RCW 26.44.020 , are not considered community-based domestic violence programs. (3) "Department" means the department of social and health services. (4) "Domestic violence" means the infliction or threat of physical harm against an intimate partner, and includes physical, sexual, and psychological abuse against the partner, and is a part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance from or control over that intimate partner. It may include, but is not limited to, a categorization of offenses, as defined in RCW 10.99.020 , committed by one intimate partner against another. (5) "Domestic violence coalition" means a statewide nonprofit domestic violence organization that has a membership that includes the majority of the primary purpose, community-based domestic violence programs in the state, has board membership that is representative of community-based, primary purpose domestic violence programs, and has as its purpose to provide education, support, and technical assistance to such community-based, primary purpose domestic violence programs and to assist the programs in providing shelter, advocacy, supportive services, and prevention efforts for victims of domestic violence and dating violence and their dependents. (6) "Domestic violence program" means an agency, organization, or program with a primary purpose and a history of effective work in providing advocacy, safety assessment and planning, and self-help services for domestic violence in a supportive environment, and includes, but is not limited to, a community-based domestic violence program, emergency shelter, or domestic violence transitional housing program. (7) "Emergency shelter" means a place of supportive services and safe, temporary lodging offered on a twenty-four hour, seven-day per week basis to victims of domestic violence and their children. (8) "Intimate partner" means a person who is or was married, in a state registered domestic partnership, or in an intimate or dating relationship with another person at the present or at sometime in the past. Any person who has one or more children in common with another person, regardless of whether they have been married, in a domestic partnership with each other, or lived together at any time, shall be treated as an intimate partner. (9) "Legal advocate" means a person employed by a domestic violence program or court system to advocate for victims of domestic violence, within the criminal and civil justice systems, by attending court proceedings, assisting in document and case preparation, and ensuring linkage with the community advocate. (10) "Secretary" means the secretary of the department of social and health services or the secretary's designee. (11) "Shelter" means temporary lodging and supportive services, offered by community-based domestic violence programs to victims of domestic violence and their children. (12) "Victim" means an intimate partner who has been subjected to domestic violence.
RCW 70.48.220 — Washington Code / Title 70 / Chapter 48 / Section 220
RCW 70.48.220: Confinement may be wherever jail services are contracted—Defendant contact with defense counsel.
Status: in_force

A person confined for an offense punishable by imprisonment in a city or county jail may be confined in the jail of any city or county contracting with the prosecuting city or county for jail services. A jurisdiction that confines persons prior to conviction in a jail in another county is responsible for providing private telephone, videoconferencing, or in-person contact between the defendant and his or her public defense counsel.
RCW 70A.15.4200 — Washington Code / Title 70A / Chapter 15 / Section 4200
RCW 70A.15.4200: Zero emission school bus grant program.
Status: in_force

(1) The department must administer the zero emission school bus grant program within the clean diesel grant program for buses, infrastructure, and related costs. (2)(a) Appropriations to this grant program are provided solely for grants to transition from fossil fuel school buses to zero emission vehicles. Eligible uses of grant funds include the planning and acquisition of zero emission school bus vehicles for student transportation, planning, design, and construction of associated fueling and charging infrastructure, including infrastructure to allow the use of zero emission buses in cold weather and other challenging operational conditions, the scrapping of old diesel school buses, and training drivers, mechanics, and facility operations personnel to operate and maintain the zero emission buses and infrastructure. (b) Grant recipients may combine grant funds awarded under this section with any other source of funding in order to secure all funds needed to fully purchase each zero emission vehicle and any associated charging infrastructure. (c) Grants issued under this section are in addition to payments made under the depreciation schedule adopted by the office of the superintendent of public instruction. Grants may only be issued until the school bus depreciation schedule established in RCW 28A.160.200 is adjusted to fund the cost of zero emission bus purchases at which time the department must transition the program established in this section to focus solely on electric vehicle charging infrastructure grants. (3) When selecting grant recipients, the department must prioritize, in descending order of priority: (a) School districts currently using school buses manufactured prior to 2007 and serving overburdened communities, including communities of color, rural, and low-income communities, highly impacted by air pollution identified by the department under RCW 70A.65.020 (1); (b) If funds remain after reviewing grant applications meeting the criteria of (a) of this subsection, school districts serving overburdened communities, including communities of color, rural, and low-income communities, highly impacted by air pollution identified by the department under RCW 70A.65.020 (1); (c) If funds remain after reviewing grant applications meeting the criteria of (a) and (b) of this subsection, the replacement of school buses manufactured prior to 2007; and (d) If funds remain after reviewing grant applications meeting the criteria of (a), (b), or (c) of this subsection, to applicants that demonstrate an unsuccessful application to receive federal funding for zero emission school bus purposes prior to January 1, 2024. (4) The department must distribute no less than 90 percent of the funds appropriated under this section to grant recipients. Amounts retained by the department may only be used as follows: (a) Up to three and one-half percent of funds appropriated under this section for administering the grant program; and (b) Up to six and one-half percent of funds appropriated under this section to provide technical assistance to grant applicants including, but not limited to, assistance in evaluating charging infrastructure and equipment and in coordinating with electric utility service adequacy. (5) The department must provide notice of a grant award decision to the utility providing electrical service to the grant recipient. (6) By June 1, 2025, the department in consultation with the superintendent of public instruction must submit a report to the governor and the relevant policy and fiscal committees of the legislature providing an update on the status of implementation of the grant program under this section and a summary of recommendations and implementation considerations for transitioning the zero emission school bus grant program to the competitive school bus vehicle depreciation schedule established in RCW 28A.160.200 . (7) For the purposes of this section, "zero emission vehicles" means a vehicle that produces zero exhaust emission of any air pollutant and any greenhouse gas other than water vapor.
RCW 70.230.901 — Washington Code / Title 70 / Chapter 230 / Section 901
RCW 70.230.901: Implementation—2007 c 273.
Status: in_force

The secretary of health may take the necessary steps to ensure that this act is implemented on its effective date.
RCW 70.123.075 — Washington Code / Title 70 / Chapter 123 / Section 075
RCW 70.123.075: Client records.
Status: in_force

(1) Client records maintained by domestic violence programs shall not be subject to discovery in any judicial proceeding unless: (a) A written pretrial motion is made to a court stating that discovery is requested of the client's domestic violence records; (b) The written motion is accompanied by an affidavit or affidavits setting forth specifically the reasons why discovery is requested of the domestic violence program's records; (c) The court reviews the domestic violence program's records in camera to determine whether the domestic violence program's records are relevant and whether the probative value of the records is outweighed by the victim's privacy interest in the confidentiality of such records, taking into account the further trauma that may be inflicted upon the victim or the victim's children by the disclosure of the records; and (d) The court enters an order stating whether the records or any part of the records are discoverable and setting forth the basis for the court's findings. The court shall further order that the parties are prohibited from further dissemination of the records or parts of the records that are discoverable, and that any portion of any domestic violence program records included in the court file be sealed. (2) For purposes of this section, "domestic violence program" means a program that provides shelter, advocacy, or counseling services for domestic violence victims. (3) Disclosure of domestic violence program records is not a waiver of the victim's rights or privileges under statutes, rules of evidence, or common law. (4) If disclosure of a victim's records is required by court order, the domestic violence program shall make reasonable attempts to provide notice to the recipient affected by the disclosure, and shall take steps necessary to protect the privacy and safety of the persons affected by the disclosure of the information.
RCW 70A.390.030 — Washington Code / Title 70A / Chapter 390 / Section 030
RCW 70A.390.030: Storage of radioactive waste from outside the state prohibited—Exceptions.
Status: in_force

Notwithstanding any law, order, or regulation to the contrary, after July 1, 1981, no area within the geographic boundaries of the state of Washington may be used by any person or entity as a temporary, interim, or permanent storage site for radioactive waste, except medical waste, generated or otherwise produced outside the geographic boundaries of the state of Washington. This section does not apply to radioactive waste stored within the state of Washington prior to July 1, 1981.
RCW 70.100.020 — Washington Code / Title 70 / Chapter 100 / Section 020
RCW 70.100.020: Wearing of eye protection devices required—Furnishing of—Costs.
Status: in_force

Every person shall wear eye protection devices when participating in, observing, or performing any function in connection with any courses or activities taking place in eye protection areas of any private or public school, college, university, or other public or private educational institution in this state, as designated by the superintendent of public instruction. The governing board or authority of any public school shall furnish the eye protection devices prescribed in RCW 70.100.030 without cost to all teachers and students in grades K-12 engaged in activities potentially dangerous to the human eye, and the governing body of each institution of higher education and vocational technical institute shall furnish such eye protection devices free or at cost to all teachers and students similarly engaged at the institutions of higher education and vocational technical institutes. Eye protection devices shall be furnished on a loan basis to all visitors observing activities hazardous to the eye.
RCW 70.74.022 — Washington Code / Title 70 / Chapter 74 / Section 022
RCW 70.74.022: License required to manufacture, purchase, sell, use, possess, transport, or store explosives—Penalty—Surrender of explosives by unlicensed person—Other relief.
Status: in_force

(1) It is unlawful for any person to manufacture, purchase, sell, offer for sale, use, possess, transport, or store any explosive, improvised device, or components that are intended to be assembled into an explosive or improvised device without having a validly issued license from the department of labor and industries, which license has not been revoked or suspended. Violation of this section is a class C felony. (2) Upon notice from the department of labor and industries or any law enforcement agency having jurisdiction, a person manufacturing, purchasing, selling, offering for sale, using, possessing, transporting, or storing any explosive, improvised device, or components of explosives or improvised devices without a license shall immediately surrender those explosives, improvised devices, or components to the department or to the respective law enforcement agency. (3) At any time that the director of labor and industries requests the surrender of explosives, improvised devices, or components of explosives or improvised devices, from any person pursuant to subsection (2) of this section, the director may in addition request the attorney general to make application to the superior court of the county in which the unlawful practice exists for a temporary restraining order or such other relief as appears to be appropriate under the circumstances.
RCW 70.58A.560 — Washington Code / Title 70 / Chapter 58A / Section 560
RCW 70.58A.560: Fees for certifications or informational copies of vital records—Exceptions.
Status: in_force

(1) The department and local registrars shall charge a fee of $25 for a certification or informational copy of a vital record or for a search of the vital records system when no matching record was identified, except as provided in subsection (2) of this section. (2) The department and local registrars may not charge a fee for issuing a certification of: (a) A vital record for use in connection with a claim for compensation or pension pending before the veterans administration; (b) The death of a sex offender, for use by a law enforcement agency in maintaining a registered sex offender database; (c) The death of any offender, requested by a county clerk or court in the state for purposes of extinguishing the offender's legal financial obligation; or (d) The birth of a child, requested by a parent or guardian who has a child who is a member of an assistance unit that is eligible for or receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program and is enrolling the child in an early learning program as defined in *RCW 43.216.010 or a public school as defined in RCW 28A.150.010 . Eligibility for benefits described in this subsection can be proven through a benefits letter or other documentation sufficient to demonstrate eligibility. (3) The department may not charge a fee for issuing a birth certification for homeless persons as defined in RCW 43.185C.010 living in state. (4) The department and local registrars may charge an electronic payment fee, in addition to the $25 fee for certification and informational copy of vital records or for a search of the vital records system, in cases where payment is made by credit card, charge card, debit card, smart card, stored value card, federal wire, automatic clearinghouse system, or other electronic communication. (5) Local registrars shall keep a true and correct account of all fees received under this section for the issuance of certifications and informational copies. (6) A portion of the $25 fee collected by the local registrars must be transmitted to the state treasurer on a monthly basis as follows: (a) $13 for each birth certification and birth informational copy issued; (b) $13 for each first copy of a death certification and death informational copy; and (c) $20 for each additional death certification and death informational copy. (7) For each fee turned over to the state treasurer by the local registrars, the state treasurer shall: (a) Pay the department $2 of each fee for birth certifications and birth informational copies and first copies of death certifications and death informational copies; (b) Pay the department $9 of each fee for additional death certifications and death informational copies; and (c) Hold $11 of each fee in the death investigations account established under RCW 43.79.445 , except for an heirloom birth certification issued under RCW 70.58A.530 . (8) $11 of the $25 fee collected by the department for certifications and informational copies issued by the department must be transmitted to the state treasurer for the death investigations account established under RCW 43.79.445 . (9) The department of children, youth, and families shall set a fee for an heirloom birth certification established under RCW 70.58A.530 for the children's trust fund established under RCW 43.121.100 . The department shall collect the fee established under this subsection when issuing an heirloom birth certification and transmit the fees collected to the state treasurer for credit to the children's trust fund.
RCW 70A.455.080 — Washington Code / Title 70A / Chapter 455 / Section 080
RCW 70A.455.080: Submission of information demonstrating compliance with chapter—Other information.
Status: in_force

(1) Upon the request by a person, including the department, a producer shall submit to that person or the department, within 90 days of the request, nonconfidential business information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate. (2) Upon request by a commercial compost processing facility, producers of compostable products are encouraged to provide the facility with information regarding the technical aspects of a commercial composting environment, such as heat or moisture, in which the producer's product has been field tested and found to degrade.
RCW 70.38.018 — Washington Code / Title 70 / Chapter 38 / Section 018
RCW 70.38.018: Statewide health resources strategy—Consistency—Waivers.
Status: in_force

(1) For the purposes of this section and RCW 70.38.015 and 70.38.135 , "statewide health resource strategy" or "strategy" means the statewide health resource strategy developed by the office of financial management pursuant to chapter 43.370 RCW. (2) Effective January 1, 2010, for those facilities and services covered by the certificate of need programs, certificate of need determinations must be consistent with the statewide health resources strategy developed pursuant to RCW 43.370.030 , including any health planning policies and goals identified in the statewide health resources strategy in effect at the time of application. The department may waive specific terms of the strategy if the applicant demonstrates that consistency with those terms will create an undue burden on the population that a particular project would serve, or in emergency circumstances which pose a threat to public health.
RCW 70A.65.240 — Washington Code / Title 70A / Chapter 65 / Section 240
RCW 70A.65.240: Carbon emissions reduction account.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2251-S2.SL ) ***

(1) The carbon emissions reduction account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account are intended to affect reductions in transportation sector carbon emissions through a variety of carbon reducing investments. These can include, but are not limited to: Transportation alternatives to single occupancy passenger vehicles; reductions in single occupancy passenger vehicle miles traveled; reductions in per mile emissions in vehicles, including through the funding of alternative fuel infrastructure and incentive programs; and emission reduction programs for freight transportation, including motor vehicles and rail, as well as for ferries and other maritime and port activities. Expenditures from the account may only be made for transportation carbon emission reducing purposes and may not be made for highway purposes authorized under the 18th Amendment of the Washington state Constitution, other than specified in this section, and shall be made in accordance with subsection (2) of this section. It is the legislature's intent that expenditures from the account used to reduce carbon emissions be made with the goal of achieving equity for communities that historically have been omitted or adversely impacted by past transportation policies and practices. (2) Appropriations in an omnibus transportation appropriations act from the carbon emissions reduction account shall be made exclusively to fund the following activities: (a) Active transportation; (b) Transit programs and projects; (c) Alternative fuel and electrification; (d) Ferries; and (e) Rail.
RCW 70.41.550 — Washington Code / Title 70 / Chapter 41 / Section 550
RCW 70.41.550: Hospital at-home services.
Status: in_force

(1) Hospitals subject to this chapter may provide hospital at-home services if they have an active federal program waiver prior to when the department adopts rules pursuant to this section. Hospitals that have an active federal program waiver and intend to operate hospital at-home services within Washington state shall notify the department within 30 days of receiving the waiver. (2)(a) The department shall adopt rules by December 31, 2025, to implement chapter 259, Laws of 2024 and add hospital at-home services to those services that may be provided by an acute care hospital licensed under this chapter. The rules shall establish standards for the operation of a hospital at-home program. In establishing the initial standards, the department shall consider the provisions of the federal program and endeavor to make the standards substantially similar. The standards may not include requirements that would make a hospital ineligible for or preclude a hospital from complying with the requirements of the federal program. The department may adopt additional standards to promote safe care and treatment of patients as needed. (b) In the event that the federal program expires before the department establishes rules, hospitals shall continue to follow federal program requirements that were in effect as of the date of the federal program's expiration and the department shall enforce such requirements until the department adopts rules. (c) Once rules are established, hospitals that intend to offer or continue offering hospital at-home services shall apply to the department for approval to add hospital at-home services as a hospital service line. Hospitals that have secured a federal program waiver prior to rule adoption may provide hospital at-home services while applying for approval. The department shall approve a hospital to provide hospital at-home services if the application is consistent with the standards established in rule. RCW 43.70.115 and chapter 34.05 RCW govern notice and adjudicative proceedings related to denial of an application. The department may set a one-time application fee in rule. The application fees charged shall not exceed the actual cost of staff time to review. The administration of the program must be covered by licensing fees set by the department under the authority of RCW 70.41.100 and 43.70.250 . (3) Hospital at-home services are not subject to chapter 70.126 or 70.127 RCW. (4) Hospital at-home services do not count as an increase in the number of the hospital's licensed beds and are not subject to chapter 70.38 RCW. (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Hospital at-home services" means acute care services provided by a licensed acute care hospital to a patient outside of the hospital's licensed facility and within a home or any location determined by the patient receiving the service. (b) "Federal program" means the acute hospital care at-home program established by the federal centers for medicare and medicaid services under 42 U.S.C. Sec. 1320b-5 and extended by 42 U.S.C Sec. 1395cc-7, or any successor program.
RCW 70.122.100 — Washington Code / Title 70 / Chapter 122 / Section 100
RCW 70.122.100: Mercy killing, lethal injection, or active euthanasia not authorized.
Status: in_force

Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing, lethal injection, or active euthanasia.
RCW 70A.300.120 — Washington Code / Title 70A / Chapter 300 / Section 120
RCW 70A.300.120: Violations—Orders—Penalty for noncompliance—Appeal.
Status: in_force

(1) Whenever on the basis on any information the department determines that a person has violated or is about to violate any provision of this chapter, the department may issue an order requiring compliance either immediately or within a specified period of time. The order shall be delivered by registered mail or personally to the person against whom the order is directed. (2) Any person who fails to take corrective action as specified in a compliance order shall be liable for a civil penalty of not more than $10,000 for each day of continued noncompliance. In addition, the department may suspend or revoke any permits and/or certificates issued under the provisions of this chapter to a person who fails to comply with an order directed against him or her. (3) Any order or penalty may be appealed pursuant to RCW 43.21B.300 .
RCW 70A.212.030 — Washington Code / Title 70A / Chapter 212 / Section 030
RCW 70A.212.030: Wastewater treatment plant operators—Certification required.
Status: in_force

As provided for in this chapter, the individual on-site at a wastewater treatment plant who is designated by the owner as the operator in responsible charge of the operation and maintenance of the plant on a routine basis shall be certified at a level equal to or higher than the classification rating of the plant being operated. If a wastewater treatment plant is operated on more than one daily shift, the operator in charge of each shift shall be certified at a level no lower than one level lower than the classification rating of the plant being operated and shall be subordinate to the operator in responsible charge who is certified at a level equal to or higher than the plant. This requirement for shift operator certification shall be met by January 1, 1989. Operators not required to be certified by this chapter are encouraged to become certified on a voluntary basis.
RCW 70.122.925 — Washington Code / Title 70 / Chapter 122 / Section 925
RCW 70.122.925: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 70A.15.1090 — Washington Code / Title 70A / Chapter 15 / Section 1090
RCW 70A.15.1090: Policy to cooperate with federal government.
Status: in_force

It is declared to be the policy of the state of Washington through the department of ecology to cooperate with the federal government in order to insure the coordination of the provisions of the federal and state clean air acts, and the department is authorized and directed to implement and enforce the provisions of this chapter in carrying out this policy as follows: (1) To accept and administer grants from the federal government for carrying out the provisions of this chapter. (2) To take all action necessary to secure to the state the benefits of the federal clean air act.
RCW 70.38.158 — Washington Code / Title 70 / Chapter 38 / Section 158
RCW 70.38.158: Certificates of need—Savings—1989 1st ex.s. c 9 ss 601 through 607.
Status: in_force

The enactment of *sections 601 through 607 of this act shall not have the effect of terminating, or in any way modifying, the validity of any certificate of need which shall already have been issued prior to July 1, 1989.
RCW 70.37.080 — Washington Code / Title 70 / Chapter 37 / Section 080
RCW 70.37.080: Bond issues—Disposition of proceeds—Special fund.
Status: in_force

Proceeds from the sale of all bonds of a project issued under the provisions of this chapter received by the authority shall be deposited forthwith by the authority in qualified public depositaries in a special fund for the particular project for which the bonds were issued and sold, which money shall not be funds of the state of Washington. Such fund shall at all times be segregated and set apart from all other funds and in trust for the purposes of purchase, construction, acquisition, leasing, or use of a project or projects, and for other special needs of the project declared by the authority, including the manner of disposition of any money not finally needed in the construction, purchase, or other acquisition. Money other than bond sale proceeds received by the authority for these same purposes, such as contributions from a participant or a grant from the federal government may be deposited in the same project fund. Proceeds received from the sale of the bonds may also be used to defray the expenses of the authority in connection with and incidental to the issuance and sale of bonds for the project, as well as expenses for studies, surveys, estimates, inspections and examinations of or relating to the particular project, and other costs advanced therefor by the participant or by the authority. In lieu of itself receiving and handling these moneys in the manner here outlined the authority may appoint trustees, depositaries and paying agents to perform the functions outlined and to receive, hold, disburse, invest and reinvest such funds on its behalf and for the protection of the participants and of bondholders.All hearings for a denial, suspension, or revocation of a license provided for in RCW 15.37.030 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.
RCW 70A.216.070 — Washington Code / Title 70A / Chapter 216 / Section 070
RCW 70A.216.070: Certification of inspectors.
Status: in_force

Any person who is employed by a public agency to inspect the operation of a landfill or a solid waste incinerator to determine the compliance of the facility with state or local laws or rules shall be required to be certified in the same manner as an operator under this chapter.
RCW 70A.15.5140 — Washington Code / Title 70A / Chapter 15 / Section 5140
RCW 70A.15.5140: Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Conditions for issuance and use of permits—Air quality standards to be met—Alternate methods to lessen forest debris.
Status: in_force

(1) The department of natural resources, in granting burning permits for fires for the purposes set forth in RCW 70A.15.5120 , shall condition the issuance and use of such permits to comply to the extent feasible with air quality standards established by the department of ecology. Such burning shall not cause the state air quality standards to be exceeded in the ambient air up to two thousand feet above ground level over critical areas designated by the department of ecology, otherwise subject to air pollution from other sources. Air quality standards shall be established and published by the department of ecology which shall also establish a procedure for advising the department of natural resources when and where air contaminant levels exceed or threaten to exceed the ambient air standards over such critical areas. The air quality shall be quantitatively measured by the department of ecology or the appropriate local air pollution control authority at established monitoring stations over such designated areas. Further, such permitted burning shall not cause damage to public health or the environment. All permits issued under this section shall be subject to all applicable fees, permitting, penalty, and enforcement provisions of this chapter. The department of natural resources shall set forth smoke dispersal objectives designed consistent with this section to minimize any air pollution from such burning and the procedures necessary to meet those objectives. (2)(a) The department of natural resources shall encourage more intense utilization in logging and alternative silviculture practices to reduce the need for burning. The department of natural resources shall, whenever practical, encourage landowners to develop and use alternative acceptable disposal methods subject to the following priorities: (i) Slash production minimization; (ii) Slash utilization; (iii) Nonburning disposal; (iv) Silvicultural burning; and (v) Use of portable flame cap kilns. (b) Such alternative methods shall be evaluated as to the relative impact on air, water, and land pollution, public health, and their financial feasibility. (3) The department of natural resources shall not issue burning permits and shall revoke previously issued permits at any time in any area where the department of ecology or local board has declared a stage of impaired air quality as defined in RCW 70A.15.3580 .
RCW 70.410.030 — Washington Code / Title 70 / Chapter 410 / Section 030
RCW 70.410.030: Application.
Status: in_force

(1) This chapter applies to members registered with the department who provide health, veterinary, or support services while deployed with the state emergency medical reserve corps pursuant to an order of the secretary. (2) The provisions of this chapter are in addition to and do not affect any program established by Title 38 RCW or chapter 70.15 RCW.
RCW 70.290.100 — Washington Code / Title 70 / Chapter 290 / Section 100
RCW 70.290.100: Physicians and clinics ordering state supplied vaccine—Tracking of vaccine delivered—Documentation.
Status: in_force

Physicians and clinics ordering state supplied vaccine must ensure they have billing mechanisms and practices in place that enable the association to accurately track vaccine delivered to association members' covered lives and must submit documentation in such a form as may be prescribed by the board in consultation with state physician organizations. Physicians and other persons providing childhood immunization are strongly encouraged to use state supplied vaccine whenever possible. Nothing in this chapter prohibits health carriers and third-party administrators from denying claims for vaccine serum costs when the serum or serums providing similar protection are provided or available via state supplied vaccine.
RCW 70.56.900 — Washington Code / Title 70 / Chapter 56 / Section 900
RCW 70.56.900: Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8.
Status: in_force

See notes following RCW 5.64.010 .
RCW 70.58A.130 — Washington Code / Title 70 / Chapter 58A / Section 130
RCW 70.58A.130: Court-ordered registration of a delayed report of live birth—Petition and hearing requirements—Burden and standard of proof.
Status: in_force

(1) If the state registrar denies a delayed report of live birth under the provisions of RCW 70.58A.120 , the individual requesting the delayed report of live birth may petition a court of competent jurisdiction for an order establishing a record of the name, date, and place of the live birth, and parentage of the individual whose live birth is to be registered. (2) The petition must allege: (a) The individual for whom a delayed report of live birth is sought was born in state; (b) No report of live birth of the individual can be found in the vital records system; (c) Diligent efforts by the petitioner have failed to obtain the evidence required in accordance with RCW 70.58A.120 ; and (d) The state registrar has denied a delayed report of live birth. (3) The petition must be accompanied by a statement of the state registrar made in accordance with RCW 70.58A.120 and all documentary evidence to support such registration which was filed with the state registrar. (4) The court shall fix a time and place for hearing the petition. The petitioner shall serve the state registrar with notice of the time and place for hearing and shall include with such notice the petition filed with the court. The petitioner shall give the state registrar notice at least thirty calendar days prior to the date set for the hearing. (5) The state registrar, or the state registrar's designee, may present at the hearing any information the state registrar believes will be useful to the court. The state registrar is not required to attend or appear for the hearing, and the court may proceed without the state registrar if the state registrar does not appear at the designated time and place set for hearing in the notice. (6) The burden of proof is on the petitioner. (7) If the court finds, by clear and convincing evidence, that the individual for whom a delayed report of live birth is sought was born in state, the court shall issue an order requiring the state registrar to establish a delayed record of live birth. This order must include, at a minimum, the following findings: (a) The full name, city and county of live birth, and birthdate to be registered of the individual whose live birth is to be registered; (b) The full name, state or country of birth, and date of birth of the individual who gave birth; and (c) A statement of the evidence relied on by the court in making the order. (8) The clerk of the court shall forward the order to the state registrar within five business days after the order is entered. (9) The state registrar shall register the live birth upon receipt of an order to register a delayed report of live birth from a court of competent jurisdiction, and must include the court case number and the date of the order in the vital record.
RCW 70.05.035 — Washington Code / Title 70 / Chapter 05 / Section 035
RCW 70.05.035: Home rule charter counties—Local board of health.
Status: in_force

(1) Except as provided in subsection (2) of this section, for home rule charter counties, the county legislative authority shall establish a local board of health and may prescribe the membership and selection process for the board. The membership of the local board of health must also include the members selected under (a) and (e) of this subsection. (a) The remaining board members must be persons who are not elected officials and must be selected from the following categories consistent with the requirements of this section and the rules adopted by the state board of health under RCW 43.20.300 : (i) Public health, health care facilities, and providers. This category consists of persons practicing or employed in the county who are: (A) Medical ethicists; (B) Epidemiologists; (C) Experienced in environmental public health, such as a registered sanitarian; (D) Community health workers; (E) Holders of master's degrees or higher in public health or the equivalent; (F) Employees of a hospital located in the county; or (G) Any of the following providers holding an active or retired license in good standing under Title 18 RCW: (I) Physicians or osteopathic physicians; (II) Advanced practice registered nurses; (III) Physician assistants or osteopathic physician assistants; (IV) Registered nurses; (V) Dentists; (VI) Naturopaths; or (VII) Pharmacists; (ii) Consumers of public health. This category consists of county residents who have self-identified as having faced significant health inequities or as having lived experiences with public health-related programs such as: The special supplemental nutrition program for women, infants, and children; the supplemental nutrition program; home visiting; or treatment services. It is strongly encouraged that individuals from historically marginalized and underrepresented communities are given preference. These individuals may not be elected officials and may not have any fiduciary obligation to a health facility or other health agency, and may not have a material financial interest in the rendering of health services; and (iii) Other community stakeholders. This category consists of persons representing the following types of organizations located in the county: (A) Community-based organizations or nonprofits that work with populations experiencing health inequities in the county; (B) Active, reserve, or retired armed services members; (C) The business community; or (D) The environmental public health regulated community. (b) The board members selected under (a) of this subsection must be approved by a majority vote of the board of county commissioners. (c) If the number of board members selected under (a) of this subsection is evenly divisible by three, there must be an equal number of members selected from each of the three categories. If there are one or two members over the nearest multiple of three, those members may be selected from any of the three categories. However, if the board of health demonstrates that it attempted to recruit members from all three categories and was unable to do so, the board may select members only from the other two categories. (d) There may be no more than one member selected under (a) of this subsection from one type of background or position. (e) If a federally recognized Indian tribe holds reservation or trust lands within the county, or if an urban Indian organization recognized by the Indian health service and registered as a 501(c)(3) organization in Washington that serves American Indian and Alaska Native people provides services within the county, the board of health must allow a tribal representative from each tribe and each organization, as selected by such tribe or organization, to serve as a member and must notify the American Indian health commission. (f) The county legislative authority may appoint to the board of health elected officials from cities and towns and persons other than elected officials as members so long as the city and county elected officials do not constitute a majority of the total membership of the board. (g) Except as provided in (a) and (e) of this subsection, the county legislative authority shall specify the appointment, term, and compensation or reimbursement of expenses. (h) The jurisdiction of the local board of health shall be coextensive with the boundaries of the county. (i) The local health officer, as described in RCW 70.05.050 , shall be appointed by the official designated under the provisions of the county charter. The same official designated under the provisions of the county charter may appoint an administrative officer, as described in RCW 70.05.045 . (j) The number of members selected or included under (a) and (e) of this subsection must equal the number of city and county elected officials on the board of health. If a member is added under (e) of this subsection, the county legislative authority shall modify the membership of the board: (i) In compliance with timelines established by the state board of health in rule once such rules are in effect; and (ii) Until the rules in (j)(i) of this subsection are in effect, within 60 days of receipt of notice of the selection of a tribal representative. (k) At the first meeting of a district board of health the members shall elect a chair to serve for a period of one year. (l) Any decision by the board of health related to the setting or modification of permit, licensing, and application fees may only be determined by the city and county elected officials on the board. (2) A local board of health comprised solely of elected officials may retain this composition if the local health jurisdiction had a public health advisory committee or board with its own bylaws established on January 1, 2021. By January 1, 2022, the public health advisory committee or board must meet the requirements established in RCW 70.46.140 for community health advisory boards. Any future changes to local board of health composition must meet the requirements of subsection (1) of this section.
RCW 70.44.041 — Washington Code / Title 70 / Chapter 44 / Section 041
RCW 70.44.041: Validity of appointment or election of commissioners—Compliance with 1994 c 223.
Status: in_force

No appointment to fill a vacant position on or election to the board of commissioners of any public hospital district made after June 9, 1994, and before April 21, 1997, is deemed to be invalid solely due to the public hospital district's failure to redraw its commissioner district boundaries if necessary to comply with chapter 223, Laws of 1994.
RCW 70.90.160 — Washington Code / Title 70 / Chapter 90 / Section 160
RCW 70.90.160: Modification or construction of facility—Permit required—Submission of plans.
Status: in_force

A permit is required for any modification to or construction of any recreational water contact facility after June 11, 1986, and for any other water recreation facility after July 26, 1987. Water recreation facilities existing on July 26, 1987, which do not comply with the design and construction requirements established by the state board of health under this chapter may continue to operate without modification to or replacement of the existing physical plant, provided the water quality, sanitation, and lifesaving equipment are in compliance with the requirements established under this chapter. However, if any modifications are made to the physical plant of an existing water recreation facility the modifications shall comply with the requirements established under this chapter. The plans and specifications for the modification or construction shall be submitted to the applicable local authority or the department as applicable, but a person shall not be required to submit plans at both the state and local levels or apply for both a state and local permit. The plans shall be reviewed and may be approved or rejected or modifications or conditions imposed consistent with this chapter as the public health or safety may require, and a permit shall be issued or denied within thirty days of submittal.
RCW 70A.388.170 — Washington Code / Title 70A / Chapter 388 / Section 170
RCW 70A.388.170: Prohibited uses.
Status: in_force

It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with, or exempted by the agency in accordance with the provisions of this chapter.
RCW 70.38.015 — Washington Code / Title 70 / Chapter 38 / Section 015
RCW 70.38.015: Declaration of public policy.
Status: in_force

It is declared to be the public policy of this state: (1) That strategic health planning efforts must be supported by appropriately tailored regulatory activities that can effectuate the goals and principles of the statewide health resources strategy developed pursuant to chapter 43.370 RCW. The implementation of the strategy can promote, maintain, and assure the health of all citizens in the state, provide accessible health services, health manpower, health facilities, and other resources while controlling increases in costs, and recognize prevention as a high priority in health programs. Involvement in health planning from both consumers and providers throughout the state should be encouraged; (2) That the certificate of need program is a component of a health planning regulatory process that is consistent with the statewide health resources strategy and public policy goals that are clearly articulated and regularly updated; (3) That the development and maintenance of adequate health care information, statistics and projections of need for health facilities and services is essential to effective health planning and resources development; (4) That the development of nonregulatory approaches to health care cost containment should be considered, including the strengthening of price competition; and (5) That health planning should be concerned with public health and health care financing, access, and quality, recognizing their close interrelationship and emphasizing cost control of health services, including cost-effectiveness and cost-benefit analysis.
RCW 70.58A.060 — Washington Code / Title 70 / Chapter 58A / Section 060
RCW 70.58A.060: Vital records system security requirements—Fraud detection—Data validation.
Status: in_force

(1) A person may not prepare or issue any vital record that purports to be an original, certification of, or copy of a vital record except as authorized in this chapter. (2) All certifications of vital records must include security features to deter alteration, counterfeiting, or simulation without ready detection. (3) All informational copies must indicate that they cannot be used for legal purposes on their face. (4) The state registrar may: (a) Authorize users of the vital records system to access specific components of the vital records system based on their official duties; (b) Require users authorized under this section to acknowledge having read and understood security procedures and penalties; (c) Revoke user access of the vital records system when the user violates security procedures or when the user no longer needs access to conduct official duties; (d) Ensure that state birth records are marked as deceased upon receipt of death records; and (e) Periodically test and audit the vital records system for purposes of detecting fraud. If fraud is suspected, the state registrar may provide copies of the evidence to appropriate authorities for further investigation consistent with the provisions of RCW 70.58A.580 . The state registrar may retain the results of such tests and audits, which are not subject to inspection or copying except upon order of a court of competent jurisdiction. (5) The state registrar may, at the state registrar's discretion, validate data provided in reports filed for registration through site visits or with independent sources outside the vital records system at a frequency specified by the state registrar to maximize the integrity of the data collected.
RCW 70.108.040 — Washington Code / Title 70 / Chapter 108 / Section 040
RCW 70.108.040: Application for permit—Contents—Filing.
Status: in_force

Application for an outdoor music festival permit shall be in writing and filed with the clerk of the issuing authority wherein the festival is to be held. Said application shall be filed not less than ninety days prior to the first scheduled day of the festival and shall be accompanied with a permit fee in the amount of two thousand five hundred dollars. Said application shall include: (1) The name of the person or other legal entity on behalf of whom said application is made: PROVIDED, That a natural person applying for such permit shall be eighteen years of age or older; (2) A financial statement of the applicant; (3) The nature of the business organization of the applicant; (4) Names and addresses of all individuals or other entities having a ten percent or more proprietary interest in the festival; (5) The principal place of business of applicant; (6) A legal description of the land to be occupied, the name and address of the owner thereof, together with a document showing the consent of said owner to the issuance of a permit, if the land be owned by a person other than the applicant; (7) The scheduled performances and program; (8) Written confirmation from the local health officer that he or she has reviewed and approved plans for site and development in accordance with rules, regulations and standards adopted by the state board of health. Such rules and regulations shall include criteria as to the following and such other matters as the state board of health deems necessary to protect the public's health: (a) Submission of plans (b) Site (c) Water supply (d) Sewage disposal (e) Food preparation facilities (f) Toilet facilities (g) Solid waste (h) Insect and rodent control (i) Shelter (j) Dust control (k) Lighting (l) Emergency medical facilities (m) Emergency air evacuation (n) Attendant physicians (o) Communication systems (9) A written confirmation from the appropriate law enforcement agency from the area where the outdoor music festival is to take place, showing that traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant meeting the following conditions: (a) One person for each two hundred persons reasonably expected to be in attendance at any time during the event for purposes of traffic and crowd control. (b) The names and addresses of all traffic and crowd control personnel shall be provided to the appropriate law enforcement authority: PROVIDED, That not less than twenty percent of the traffic and crowd control personnel shall be commissioned police officers or deputy sheriffs: PROVIDED FURTHER, That on and after February 25, 1972 any commissioned police officer or deputy sheriff who is employed and compensated by the promoter of an outdoor music festival shall not be eligible and shall not receive any benefits whatsoever from any public pension or disability plan of which he or she is a member for the time he is so employed or for any injuries received during the course of such employment. (c) During the hours that the festival site shall be open to the public there shall be at least one regularly commissioned police officer employed by the jurisdiction wherein the festival site is located for every one thousand persons in attendance and said officer shall be on duty within the confines of the actual outdoor music festival site. (d) All law enforcement personnel shall be charged with enforcing the provisions of this chapter and all existing statutes, ordinances and regulations. (10) A written confirmation from the appropriate law enforcement authority that sufficient access roads are available for ingress and egress to the parking areas of the outdoor music festival site and that parking areas are available on the actual site of the festival or immediately adjacent thereto which are capable of accommodating one auto for every four persons in estimated attendance at the outdoor music festival site. (11) A written confirmation from the department of natural resources, where applicable, and the chief of the Washington state patrol, through the director of fire protection, that all fire prevention requirements have been complied with. (12) A written statement of the applicant that all state and local law enforcement officers, fire control officers and other necessary governmental personnel shall have free access to the site of the outdoor music festival. (13) A statement that the applicant will abide by the provisions of this chapter. (14) The verification of the applicant warranting the truth of the matters set forth in the application to the best of the applicant's knowledge, under the penalty of perjury.
RCW 70.41.300 — Washington Code / Title 70 / Chapter 41 / Section 300
RCW 70.41.300: Long-term care—Definitions.
Status: in_force

"Cost-effective care" and "long-term care services," where used in RCW 70.41.310 and 70.41.320 , shall have the same meaning as that given in *RCW 74.39A.008 .
RCW 70A.214.060 — Washington Code / Title 70A / Chapter 214 / Section 060
RCW 70A.214.060: Waste reduction hotline—Database system.
Status: in_force

(1) The office shall establish a statewide waste reduction hotline with the capacity to refer waste generators and the public to sources of information on specific waste reduction techniques and procedures. The hotline shall coordinate with all other state waste hotlines. (2) The director shall work with the state library to establish a database system that shall include proven waste reduction techniques and case studies of effective waste reduction. The database system shall be: (a) Coordinated with all other state agency databases on waste reduction; (b) administered in conjunction with the statewide waste reduction hotline; and (c) readily accessible to the public.
RCW 70A.15.3040 — Washington Code / Title 70A / Chapter 15 / Section 3040
RCW 70A.15.3040: Powers and rights of governmental units and persons are not limited by act or recommendations.
Status: in_force

No provision of this chapter or any recommendation of the state board or of any local or regional air pollution program is a limitation: (1) On the power of any city, town or county to declare, prohibit and abate nuisances. (2) On the power of the secretary of social and health services to provide for the protection of the public health under any authority presently vested in that office or which may be hereafter prescribed by law. (3) On the power of a state agency in the enforcement, or administration of any provision of law which it is specifically permitted or required to enforce or administer. (4) On the right of any person to maintain at any time any appropriate action for relief against any air pollution.
RCW 70.79.361 — Washington Code / Title 70 / Chapter 79 / Section 361
RCW 70.79.361: Board determinations—Appeals.
Status: in_force

(1) No person, firm, partnership, corporation, or other entity may install or maintain any standards that violate this chapter. In cases where the interpretation and application of the installation or maintenance standards prescribed in this chapter is in dispute, the board shall determine the methods of installation or maintenance to be used in the particular case submitted for its decision. To appeal the board's decision, a person, firm, partnership, corporation, or other entity shall, in writing, notify the chief boiler inspector. The notice shall specify the ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other entity as to the proper interpretation or application on the question on which a decision is desired. (2) Any person, firm, partnership, corporation, or other entity wishing to appeal a penalty issued under this chapter may appeal to the board. The appeal shall be filed within twenty days after service of the notice of the penalty to the assessed party by filing a written notice of appeal with the chief boiler inspector. The hearing and review procedures shall be conducted by the board in accordance with chapter 34.05 RCW.
RCW 70.265.040 — Washington Code / Title 70 / Chapter 265 / Section 040
RCW 70.265.040: Petition for formation of a public hospital capital facility area less than the entire county—Process.
Status: in_force

Any petition for the formation of a public hospital capital facility area may describe an area less than the entire county in which the petition is filed, the boundaries of which must follow the then existing precinct boundaries and not divide any voting precinct; and in the event that a petition is filed containing not less than ten percent of the voters of the proposed public hospital capital facility area who voted at the last general election, certified by the auditor in like manner as for a countywide district, the board of county commissioners shall fix a date for a hearing on the petition, and shall publish the petition, without the signatures thereto appended, for two weeks prior to the date of the hearing, together with a notice stating the time of the meeting when the petition will be heard. Publications required by this chapter must be in a newspaper published in the proposed public hospital capital facility area, or, if there be no such newspaper, then in a newspaper published in the county in which the public hospital capital facility area is situated, and of general circulation in that county. The hearing on the petition may be adjourned from time to time, not exceeding four weeks in all. If upon the final hearing the board of county commissioners finds that any lands have been unjustly or improperly included within the proposed public hospital capital facility area the board shall change and fix the boundary lines in such manner as it deems reasonable and just and conducive to the welfare and convenience, and make and enter an order establishing and defining the boundary lines of the proposed public hospital capital facility area: PROVIDED, That no lands may be included within the boundaries so fixed lying outside the boundaries described in the petition, except upon the written request of the owners of those lands.
RCW 70.77.420 — Washington Code / Title 70 / Chapter 77 / Section 420
RCW 70.77.420: Permanent storage permit required—Application—Investigation—Grant or denial—Conditions.
Status: in_force

(1) It is unlawful for any person to store permanently fireworks of any class without a permit for such permanent storage from the city or county in which the storage is to be made. A person proposing to store permanently fireworks shall apply in writing to a city or county at least ten days prior to the date of the proposed permanent storage. The city or county receiving the application for a permanent storage permit shall investigate whether the character and location of the permanent storage as proposed meets the requirements of the zoning, building, and fire codes or constitutes a hazard to property or is dangerous to any person. Based on the investigation, the city or county may grant or deny the application. The city or county may place reasonable conditions on any permit granted. (2) For the purposes of this section the temporary storing or keeping of consumer fireworks when in conjunction with a valid retail sales license and permit shall comply with RCW 70.77.425 and the standards adopted under RCW 70.77.270 (2) and not this section.
RCW 70A.500.300 — Washington Code / Title 70A / Chapter 500 / Section 300
RCW 70A.500.300: Authority use of funds.
Status: in_force

(1) The authority shall use any funds legally available to it for any purpose specifically authorized by this chapter to: (a) Contract and pay for collecting, transporting, and recycling of covered electronic products and education and other services as identified in the standard plan; (b) Pay for the expenses of the authority including, but not limited to, salaries, benefits, operating costs and consumable supplies, equipment, office space, and other expenses related to the costs associated with operating the authority; (c) Pay into the electronic products recycling account amounts billed by the department to the authority for any deficit in reaching the standard plan's equivalent share as required under RCW 70A.500.220 ; and (d) Pay the department for the fees for submitting the standard plan and any plan revisions. (2) If practicable, the authority shall avoid creating new infrastructure already available through private industry in the state. (3) The authority may not receive an appropriation of state funds, other than: (a) Funds that may be provided as a one-time loan to cover administrative costs associated with start-up of the authority, such as electing the board of directors and conducting the public hearing for the operating plan, provided that no appropriated funds may be used to pay for collection, transportation, or recycling services; and (b) Funds received from the department from the electronic products recycling account for exceeding the standard plan's equivalent share. (4) The authority may receive additional sources of funding that do not obligate the state to secure debt. (5) All funds collected by the authority under this chapter, including interest, dividends, and other profits, are and must remain under the complete control of the authority and its board of directors, be fully available to achieve the intent of this chapter, and be used for the sole purpose of achieving the intent of this chapter.
RCW 70.48.410 — Washington Code / Title 70 / Chapter 48 / Section 410
RCW 70.48.410: Financial responsibility for convicted felons.
Status: in_force

Persons convicted of a felony as defined by chapter 9A.20 RCW and committed to the care and custody of the department of corrections shall be the financial responsibility of the department of corrections not later than the eighth day, excluding weekends and holidays, following sentencing for the felony and notification that the prisoner is available for movement to a state correctional institution. However, if good cause is shown, a superior court judge may order the prisoner detained in the jail beyond the eight-day period for an additional period not to exceed ten days. If a superior court orders a convicted felon to be detained beyond the eighth day following sentencing, the county or city shall retain financial responsibility for that ten-day period or portion thereof ordered by the court.
RCW 70A.20.010 — Washington Code / Title 70A / Chapter 20 / Section 010
RCW 70A.20.010: Purpose.
Status: in_force

The legislature finds that inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment. Antinoise measures of the past have not adequately protected against the invasion of these interests by noise. There is a need, therefore, for an expansion of efforts statewide directed toward the abatement and control of noise, considering the social and economic impact upon the community and the state. The purpose of this chapter is to provide authority for such an expansion of efforts, supplementing existing programs in the field.
RCW 70.83.010 — Washington Code / Title 70 / Chapter 83 / Section 010
RCW 70.83.010: Declaration of policy and purpose.
Status: in_force

It is hereby declared to be the policy of the state of Washington to make every effort to detect as early as feasible and to prevent where possible phenylketonuria and other preventable heritable disorders leading to developmental disabilities or physical defects.
RCW 70.410.060 — Washington Code / Title 70 / Chapter 410 / Section 060
RCW 70.410.060: Costs incurred—Cost sharing—Federal funding.
Status: in_force

(1) For any deployment of the state emergency medical corps under chapter 210, Laws of 2023, the department must track and account for any costs incurred as a direct result of the deployment, including but not limited to any compensation of members and any costs associated with the logistics of a deployment. Costs incurred as a direct result of a deployment must be borne in accordance with subsections (2) through (4) of this section. (2) For any deployment under RCW 70.410.050 (1) (a) or (b) where the deployment has not been requested by a health care entity, the department may enter into a cost-sharing or billing agreement with a health care entity that is receiving services from the deployment. In the absence of a cost-sharing or billing agreement, the department must absorb the costs of the deployment. (3) For any deployment under RCW 70.410.050 (1) (a) or (b) where the deployment has been requested by a health care entity, the department must charge the requesting health care entity. (4) For any deployment under RCW 70.410.050 (1)(c), or where payment is not charged or not received from the requesting health care entity under subsection (2) or (3) of this section, the department must absorb the costs of the deployment. (5) The department may seek federal or private funding to support the costs of deployments of the state emergency medical corps under chapter 210, Laws of 2023.
RCW 70.50.020 — Washington Code / Title 70 / Chapter 50 / Section 020
RCW 70.50.020: Duties.
Status: in_force

The otologist shall cooperate with the state department of public instruction, and with the state, county, and city health officers, seeking for the children in the schools who are hard of hearing, or have an impaired sense of hearing, and making otological inspections and examinations of children referred to him or her by such departments and officers. Where necessary or proper, he or she shall make recommendations to parents or guardians of such children, and urge them to submit such recommendations to physicians to be selected by such parents or guardians.
RCW 70.45.140 — Washington Code / Title 70 / Chapter 45 / Section 140
RCW 70.45.140: Rule-making and contracting authority.
Status: in_force

The department may adopt rules necessary to implement this chapter and may contract with and provide reasonable reimbursement to qualified persons to assist in determining whether the requirements of RCW 70.45.070 and 70.45.080 have been met.
RCW 70A.390.020 — Washington Code / Title 70A / Chapter 390 / Section 020
RCW 70A.390.020: Definitions.
Status: in_force

The definitions set forth in this section apply throughout this chapter. (1) "Radioactive waste" means unwanted radioactive material, including radioactive residues produced as a result of electric power generation or other reactor operation. (2) "Medical waste" means radioactive waste from all therapy, diagnosis, or research in medical fields and radioactive waste which results from the production and manufacture of radioactive material used for therapy, diagnosis, or research in medical fields, except that "medical waste" does not include spent fuel or waste from the fuel of an isotope production reactor. (3) "Radioactive waste generated or otherwise produced outside the geographic boundaries of the state of Washington" means radioactive waste which was located outside the state of Washington at the time of removal from a reactor vessel.
RCW 70.54.370 — Washington Code / Title 70 / Chapter 54 / Section 370
RCW 70.54.370: Meningococcal disease—Students to receive informational materials.
Status: in_force

(1) Except for community and technical colleges, each degree-granting public or private postsecondary residential campus that provides on-campus or group housing shall provide information on meningococcal disease to each enrolled matriculated first-time student. Community and technical colleges must provide the information only to those students who are offered on-campus or group housing. The information about meningococcal disease shall include: (a) Symptoms, risks, especially as the risks relate to circumstances of group living arrangements, and treatment; and (b) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received. (2) This section shall not be construed to require the department of health or the postsecondary educational institution to provide the vaccination to students. (3) The department of health shall be consulted regarding the preparation of the information materials provided to the first-time students. (4) If institutions provide electronic enrollment or registration to first-time students, the information required by this section shall be provided electronically and acknowledged by the student before completion of electronic enrollment or registration. (5) This section does not create a private right of action.
RCW 70.54.010 — Washington Code / Title 70 / Chapter 54 / Section 010
RCW 70.54.010: Polluting water supply—Penalty.
Status: in_force

Every person who shall deposit or suffer to be deposited in any spring, well, stream, river or lake, the water of which is or may be used for drinking purposes, or on any property owned, leased or otherwise controlled by any municipal corporation, corporation or person as a watershed or drainage basin for a public or private water system, any matter or thing whatever, dangerous or deleterious to health, or any matter or thing which may or could pollute the waters of such spring, well, stream, river, lake or water system, shall be guilty of a gross misdemeanor.
RCW 70A.210.110 — Washington Code / Title 70A / Chapter 210 / Section 110
RCW 70A.210.110: Facilities—Sale or lease—Certain restrictions on municipalities not applicable.
Status: in_force

The facilities shall be constructed, reconstructed, and improved and shall be leased, sold or otherwise disposed of in the manner determined by the governing body in its sole discretion and any requirement of competitive bidding, lease performance bonds or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of a municipality is not applicable to any action taken under authority of this chapter.
RCW 70A.205.530 — Washington Code / Title 70A / Chapter 205 / Section 530
RCW 70A.205.530: Department to distribute printed notice—Issuance of warnings and citations—Fines.
Status: in_force

The department shall produce, print, and distribute the notices required by RCW 70A.205.515 to all places where vehicle batteries are offered for sale at retail and in performing its duties under this section the department may inspect any place, building, or premise governed by RCW 70A.205.520 . Authorized employees of the agency may issue warnings and citations to persons who fail to comply with the requirements of RCW 70A.205.505 through 70A.205.535 . Failure to conform to the notice requirements of RCW 70A.205.515 shall subject the violator to a fine imposed by the department not to exceed one thousand dollars. However, no such fine shall be imposed unless the department has issued a warning of infraction for the first offense. Each day that a violator does not comply with the requirements of chapter 431, Laws of 1989 following the issuance of an initial warning of infraction shall constitute a separate offense.
RCW 70A.222.030 — Washington Code / Title 70A / Chapter 222 / Section 030
RCW 70A.222.030: Exemptions.
Status: in_force

All packages and packaging components shall be subject to this chapter except the following: (1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to May 21, 1991; (2) Those packages or packaging components that have been purchased by, delivered to, or are possessed by a retailer on or before twenty-four months following May 21, 1991, to permit opportunity to clear existing inventory of the proscribed packaging material; (3) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative; or (4) Those packages and packaging components that would not exceed the maximum contaminant levels set forth in RCW 70A.222.020 (1) but for the addition of postconsumer materials; and provided that the exemption for this subsection shall expire six years after May 21, 1991.
RCW 70.352.040 — Washington Code / Title 70 / Chapter 352 / Section 040
RCW 70.352.040: Dental laboratory registration number—Required uses.
Status: in_force

(1) Upon granting a registration for a dental laboratory, the department shall assign the dental laboratory a dental registration number. The dental laboratory registration number must appear on all invoices or other correspondence of the dental laboratory. (2) A dentist shall include the registration number of the dental laboratory on the dentist's work order.
RCW 70.127.120 — Washington Code / Title 70 / Chapter 127 / Section 120
RCW 70.127.120: Rules for recordkeeping, services, staff and volunteer policies, complaints.
Status: in_force

The department shall adopt rules consistent with RCW 70.127.005 necessary to implement this chapter under chapter 34.05 RCW. In order to ensure safe and adequate care, the rules shall address at a minimum the following: (1) Maintenance and preservation of all records relating directly to the care and treatment of individuals by licensees; (2) Establishment and implementation of a procedure for the receipt, investigation, and disposition of complaints regarding services provided; (3) Establishment and implementation of a plan for ongoing care of individuals and preservation of records if the licensee ceases operations; (4) Supervision of services; (5) Establishment and implementation of written policies regarding response to referrals and access to services; (6) Establishment and implementation of written personnel policies, procedures and personnel records for paid staff that provide for prehire screening, minimum qualifications, regular performance evaluations, including observation in the home, participation in orientation and in-service training, and involvement in quality improvement activities. The department may not establish experience or other qualifications for agency personnel or contractors beyond that required by state law; (7) Establishment and implementation of written policies and procedures for volunteers who have direct patient/client contact and that provide for background and health screening, orientation, and supervision; (8) Establishment and implementation of written policies for obtaining regular reports on patient satisfaction; (9) Establishment and implementation of a quality improvement process; (10) Establishment and implementation of policies related to the delivery of care including: (a) Plan of care for each individual served; (b) Periodic review of the plan of care; (c) Supervision of care and clinical consultation as necessary; (d) Care consistent with the plan; (e) Admission, transfer, and discharge from care; and (f) For hospice services: (i) Availability of twenty-four hour seven days a week hospice registered nurse consultation and in-home services as appropriate; (ii) Interdisciplinary team communication as appropriate and necessary; and (iii) The use and availability of volunteers to provide family support and respite care; and (11) Establishment and implementation of policies related to agency implementation and oversight of nurse delegation as defined in RCW 18.79.260 (3)(e).
RCW 70.86.040 — Washington Code / Title 70 / Chapter 86 / Section 040
RCW 70.86.040: Penalty.
Status: in_force

Any person violating any provision of this chapter shall be guilty of a misdemeanor: PROVIDED, That any person causing such a building to be built shall be entitled to rely on the certificate of a licensed professional engineer and/or registered architect that the standards of design set forth above have been met.
RCW 70.48.095 — Washington Code / Title 70 / Chapter 48 / Section 095
RCW 70.48.095: Regional jails.
Status: in_force

(1) Regional jails may be created and operated between two or more local governments, or one or more local governments and the state, and may be governed by representatives from multiple jurisdictions. (2) A jurisdiction that confines persons prior to conviction in a regional jail in another county is responsible for providing private telephone, videoconferencing, or in-person contact between the defendant and his or her public defense counsel. (3) The creation and operation of any regional jail must comply with the interlocal cooperation act described in chapter 39.34 RCW. (4) Nothing in this section prevents counties and cities from contracting for jail services as described in RCW 70.48.090 .
RCW 70.58A.200 — Washington Code / Title 70 / Chapter 58A / Section 200
RCW 70.58A.200: Reports of death—Filing and registration requirements.
Status: in_force

(1)(a) Reports of death and fetal death must comply with the requirements of this section. (b) For the purposes of this section, "death" includes "fetal death" as defined in RCW 70.58A.010 . (2) A complete report of death must be filed with the local registrar in the local health jurisdiction where the death occurred for each death that occurs in this state. Except for circumstances covered by subsection (7) of this section, the report must be filed within five calendar days after the death or finding of human remains and prior to final disposition of the human remains as required by this section. (a) If the place of death is unknown and the human remains are found in state prior to final disposition, the death must be filed in state and the place where the human remains were found is the place of death. (b) When death occurs in a moving conveyance within or outside the United States and the human remains are first removed from the conveyance in state, the death must be filed in state and the place of death is the place where the remains were removed from the moving conveyance. (c) In all other cases, the place where death is pronounced is the place where death occurred. (d) An approximate date of death may be used if date of death is unknown. If the date cannot be determined by approximation, the date of death must be the date the human remains were found. (3) If the death occurred with medical attendance, a funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160 shall: (a) Obtain and enter personal data on the report of death about the decedent from the person best qualified to provide the information; (b) Provide the report of death to the medical certifier within two calendar days after the death or finding of human remains; (c) File the completed report of death with the local registrar; and (d) Obtain a burial-transit permit prior to the disposition of the human remains as required in RCW 70.58A.210 . (4) The medical certifier shall: (a) Attest to the cause, date, and time of death; and (b) Return the report of death to the funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160 within two calendar days. (5) The report of death may be completed by another individual qualified to be a medical certifier as defined in RCW 70.58A.010 who has access to the medical history of the decedent when: (a) The medical certifier is absent or unable to attest to the cause, date, and time of death; or (b) The death occurred due to natural causes, and the medical certifier gives approval. (6) If the death occurred without medical attendance, the funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160 shall provide the report of death to the coroner, medical examiner, or local health officer as allowed by (a) of this subsection. (a) If the death occurred due to natural causes, the coroner, medical examiner, or local health officer shall determine whether to certify the report of death. If the coroner, medical examiner, or local health officer decides to certify the report of death, the person certifying the report shall: (i) Attest to the manner, cause, and date of death without holding an inquest or performing an autopsy or postmortem, based on statements of relatives, persons in attendance during the last sickness, persons present at the time of death, or other persons having adequate knowledge of the facts; (ii) Note that there was no medical attendance at the time of death; and (iii) Return the report of death to the funeral home within two calendar days. (b) If the death appears to be the result of unlawful or unnatural causes, the coroner or medical examiner shall: (i) Attest to the cause, place, and date of death; (ii) Note that there was no medical attendance at the time of death; (iii) Note when the cause of death is pending investigation; and (iv) Return the report of death to the funeral director, funeral establishment, or person having the right to control the disposition of the human remains under RCW 68.50.160 within two calendar days. (7) When there is no funeral director, funeral establishment, or person having the right to control the disposition of human remains under chapter 68.50 RCW, the coroner, medical examiner, or local health officer shall file the completed report of death with the local registrar as required by subsection (2) of this section. (8) When a coroner or medical examiner determines that there is sufficient circumstantial evidence to indicate that an individual has died in the county or in waters contiguous to the county, and that it is unlikely that the body will be recovered, the coroner or medical examiner shall file a report of death, including the cause, place, and date of death, to the extent possible. (9) The coroner or medical examiner in a county in which a decedent was last known to be alive may file a report of death with the local registrar when the county in which the presumed death occurred cannot be determined with certainty. The coroner or medical examiner shall file a report of death, including the cause, place, and date of death, to the extent possible. (10) The coroner or medical examiner having jurisdiction may release information contained in a report of death according to RCW 68.50.300 . (11) The local registrar shall: (a) Review filed reports of death to ensure completion in accordance with this chapter; (b) Request missing information or corrections; (c) Ensure issuance of the burial-transit permit as required under RCW 70.58A.210 ; (d) Register a report of death with the department if it has been completed and submitted in accordance with this section. (12) A medical certifier, coroner, medical examiner, or local health officer shall submit an affidavit of correction to the state registrar to amend the report of death within five calendar days of receipt of an autopsy result or other information that completes or amends the cause of death from that originally filed with the department. (13) The department may require a medical certifier, coroner, medical examiner, or local health officer to provide additional or clarifying information to properly code and classify cause of death.
RCW 70.129.020 — Washington Code / Title 70 / Chapter 129 / Section 020
RCW 70.129.020: Exercise of rights.
Status: in_force

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident and assist the resident which include: (1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States and the state of Washington. (2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights. (3) In the case of a resident adjudged incompetent by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed to act on the resident's behalf. (4) In the case of a resident who has not been adjudged incompetent by a court of competent jurisdiction, a resident representative may exercise the resident's rights to the extent provided by law.
RCW 70A.315.010 — Washington Code / Title 70A / Chapter 315 / Section 010
RCW 70A.315.010: Legislative findings.
Status: in_force

The legislature finds: (1) Solid wastes generated in the state are to be managed in the following order of descending priority: (a) Waste reduction; (b) recycling; (c) treatment; (d) energy recovery or incineration; (e) solidification/stabilization; and (f) landfill. (2) Special incinerator ash residues from the incineration of municipal solid waste that would otherwise be regulated as hazardous wastes need a separate regulatory scheme in order to (a) ease the permitting and reporting requirements of chapter 70A.300 RCW, the state hazardous waste management act, and (b) supplement the environmental protection provisions of chapter 70A.205 RCW, the state solid waste management act. (3) Raw garbage poses significant environmental and public health risks. Municipal solid waste incineration constitutes a higher waste management priority than the land disposal of untreated municipal solid waste due to its reduction of waste volumes and environmental health risks. It is therefore the purpose of this chapter to establish management requirements for special incinerator ash that otherwise would be regulated as hazardous waste under chapter 70A.300 RCW, the hazardous waste management act.
RCW 70A.245.110 — Washington Code / Title 70A / Chapter 245 / Section 110
RCW 70A.245.110: Recycled content account.
Status: in_force

The recycled content account is created in the custody of the state treasurer. All receipts received by the department under RCW 70A.245.020 must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account may be used by the department only for implementing, administering, and enforcing the requirements of RCW 70A.245.020 through 70A.245.060 and 70A.245.090 (1), (2), and (4).
RCW 70A.500.100 — Washington Code / Title 70A / Chapter 500 / Section 100
RCW 70A.500.100: Successor duties.
Status: in_force

Any person acquiring a manufacturer, or who has acquired a manufacturer, shall have all responsibility for the acquired company's covered electronic products, including covered electronic products manufactured prior to July 1, 2006, unless that responsibility remains with another entity per the purchase agreement and the acquiring manufacturer provides the department with a letter from the other entity accepting responsibility for the covered electronic products. Cobranding manufacturers may negotiate with retailers for responsibility for those products and must notify the department of the results of their negotiations.
RCW 70A.226.025 — Washington Code / Title 70A / Chapter 226 / Section 025
RCW 70A.226.025: Advisory committee—Report—PFAS chemical sampling requirements.
Status: in_force

(1) By September 30, 2028, and before developing the report required in RCW 70A.226.020 (6)(d), the department must convene and consult with an advisory committee of representatives from: (a) The farming community; (b) Toxicologists; (c) Utilities that produce soil amendments, including special purpose districts, municipal utility providers, and public utility districts; (d) Local governments; (e) Experts; (f) Interested parties; and (g) Other similar stakeholders. (2) The purpose of consultation required under this section is to ensure that the department is soliciting and receiving sufficient input on requirements and standards for sampling or testing biosolids for PFAS chemicals. (3) For the purposes of this section, "biosolids" do not include septic tank sludge, also known as septage.
RCW 70.110.080 — Washington Code / Title 70 / Chapter 110 / Section 080
RCW 70.110.080: Personal service of process—Jurisdiction of courts.
Status: in_force

Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has violated any provision of this chapter. Such person shall be deemed to have thereby submitted himself or herself to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185 , as now or hereafter amended.