RCW 70.58A.510 — Washington Code / Title 70 / Chapter 58A / Section 510
RCW 70.58A.510: Preservation of vital records—Transfer to state archives.
Status: in_force

*** CHANGE IN 2026 *** (SEE 6081-S.SL ) ***

(1) The state registrar shall develop and implement a preservation management policy for the vital records system for permanent preservation while in the custody of the state registrar. (2) The state registrar shall transfer the custody of vital records to the state archives in accordance with state archival procedures when: (a) One hundred years have elapsed after the date of live birth or fetal death; (b) Twenty-five years have elapsed after the date of death; and (c) Twenty-five years have elapsed after the date of marriage, divorce, dissolution of marriage, dissolution of domestic partnership, declaration of invalidity of marriage, declaration of invalidity of domestic partnership, or legal separation. (3) The state archives may provide noncertified copies of original vital records in the custody of the state archives, due to a transfer under subsection (2) of this section, to the public. (4) The state archives may not: (a) Charge the department a fee or pass along costs to transfer the vital records to state archives or maintain the vital records in the state archives, other than those charged through the central services billing model for the cost of operating the state archives; or (b) Alter, amend, or delete certification items on the vital records. (5) Sealed records must remain sealed and in the custody of the department. (6) In consultation with the state archives, the state registrar shall prescribe the format and method of delivery of vital records transferred to the state archives. (7) The department may retain records for the purpose of issuing certifications under RCW 70.58A.530 .
RCW 70A.305.090 — Washington Code / Title 70A / Chapter 305 / Section 090
RCW 70A.305.090: Remedial actions—Exemption from procedural requirements.
Status: in_force

(1) A person conducting a remedial action at a facility under a consent decree, order, or agreed order, and the department when it conducts a remedial action, are exempt from the procedural requirements of chapters 70A.15 , 70A.205, 70A.300, 77.55, 90.48, and 90.58 RCW, and the procedural requirements of any laws requiring or authorizing local government permits or approvals for the remedial action. The department shall ensure compliance with the substantive provisions of chapters 70A.15 , 70A.205, 70A.300, 77.55, 90.48, and 90.58 RCW, and the substantive provisions of any laws requiring or authorizing local government permits of approvals. The department shall establish procedures for ensuring that such remedial actions comply with the substantive requirements adopted pursuant to such laws, and shall consult with the state agencies and local governments charged with implementing these laws. The procedures shall provide an opportunity for comment by the public and by the state agencies and local governments that would otherwise implement the laws referenced in this section. Nothing in this section is intended to prohibit implementing agencies from charging a fee to the person conducting the remedial action to defray the costs of services rendered relating to the substantive requirements for the remedial action. (2) An exemption in this section or in RCW 70A.15.3020 , 70A.205.235 , 70A.300.200 , 77.55.061 , 90.48.039 , and 90.58.355 shall not apply if the department determines that the exemption would result in loss of approval from a federal agency necessary for the state to administer any federal law, including the federal resource conservation and recovery act, the federal clean water act, the federal clean air act, and the federal coastal zone management act. Such a determination by the department shall not affect the applicability of the exemptions to other statutes specified in this section.
RCW 70.168.030 — Washington Code / Title 70 / Chapter 168 / Section 030
RCW 70.168.030: Analysis of state's trauma system—Plan.
Status: in_force

(1) Upon the recommendation of the steering committee, the director of the office of financial management shall contract with an independent party for an analysis of the state's trauma system. (2) The analysis shall contain at a minimum, the following: (a) The identification of components of a functional statewide trauma care system, including standards; and (b) An assessment of the current trauma care program compared with the functional statewide model identified in subsection (a) of this section, including an analysis of deficiencies and reasons for the deficiencies. (3) The analysis shall provide a design for a statewide trauma care system based on the findings of the committee under subsection (2) of this section, with a plan for phased-in implementation. The plan shall include, at a minimum, the following: (a) Responsibility for implementation; (b) Administrative authority at the state, regional, and local levels; (c) Facility, equipment, and personnel standards; (d) Triage and care criteria; (e) Data collection and use; (f) Cost containment strategies; (g) System evaluation; and (h) Projected costs.
RCW 70.24.070 — Washington Code / Title 70 / Chapter 24 / Section 070
RCW 70.24.070: Detention and treatment facilities.
Status: in_force

For the purpose of carrying out this chapter, the board shall have the power and authority to designate facilities for the detention and treatment of persons found to be infected with a sexually transmitted disease and to designate any such facility in any hospital or other public or private institution, other than a jail or correctional facility, having, or which may be provided with, such necessary detention, segregation, isolation, clinic and hospital facilities as may be required and prescribed by the board, and to enter into arrangements for the conduct of such facilities with the public officials or persons, associations, or corporations in charge of or maintaining and operating such institutions.
RCW 70A.15.3050 — Washington Code / Title 70A / Chapter 15 / Section 3050
RCW 70A.15.3050: Emission control requirements.
Status: in_force

(1) Every activated authority operating an air pollution control program shall have requirements for the control of emissions which are no less stringent than those adopted by the department of ecology for the geographic area in which such air pollution control program is located. Less stringent requirements than compelled by this section may be included in a local or regional air pollution control program only after approval by the department of ecology following demonstration to the satisfaction of the department of ecology that the proposed requirements are consistent with the purposes of this chapter: PROVIDED, That such approval shall be preceded by public hearing, of which notice has been given in accordance with chapter 42.30 RCW. The department of ecology, upon receiving evidence that conditions have changed or that additional information is relevant to a decision with respect to the requirements for emission control, may, after public hearing on due notice, withdraw any approval previously given to a less stringent local or regional requirement. [(2)] Nothing in this chapter shall be construed to prevent a local or regional air pollution control authority from adopting and enforcing more stringent emission control requirements than those adopted by the department of ecology and applicable within the jurisdiction of the local or regional air pollution control authority, except that the emission performance standards for new woodstoves and the opacity levels for residential solid fuel burning devices shall be statewide.
RCW 70A.207.010 — Washington Code / Title 70A / Chapter 207 / Section 010
RCW 70A.207.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Center" means the Washington center for sustainable food management. (2) "Department" means the department of ecology. (3) "Organic material" has the same definition as provided in RCW 70A.205.015 . (4) "Plan" means the use food well Washington plan developed under RCW 70A.205.715 .
RCW 70.90.140 — Washington Code / Title 70 / Chapter 90 / Section 140
RCW 70.90.140: Enforcement.
Status: in_force

The secretary shall enforce the rules adopted under this chapter. The secretary may develop joint plans of responsibility with any local health jurisdiction to administer this chapter.
RCW 70.170.090 — Washington Code / Title 70 / Chapter 170 / Section 090
RCW 70.170.090: Confidentiality.
Status: in_force

The department and any of its contractors or agents shall maintain the confidentiality of any information which may, in any manner, identify individual patients.
RCW 70.129.130 — Washington Code / Title 70 / Chapter 129 / Section 130
RCW 70.129.130: Abuse, punishment, seclusion—Background checks.
Status: in_force

The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion. (1) The facility must not use verbal, mental, sexual, or physical abuse, including corporal punishment or involuntary seclusion. (2) Subject to available resources, the department of social and health services shall provide background checks required by RCW 43.43.842 for employees of facilities licensed under chapter 18.20 RCW without charge to the facility.
RCW 70.245.180 — Washington Code / Title 70 / Chapter 245 / Section 180
RCW 70.245.180: Authority of chapter—References to practices under this chapter—Applicable standard of care.
Status: in_force

(1) Nothing in this chapter authorizes an attending qualified medical provider, consulting qualified medical provider, or any other person to end a patient's life by lethal injection, mercy killing, or active euthanasia. Actions taken in accordance with this chapter do not, for any purpose, constitute suicide, assisted suicide, mercy killing, or homicide, under the law. State reports shall not refer to practice under this chapter as "suicide" or "assisted suicide." Consistent with RCW 70.245.010 (7), (11), and (12), 70.245.020 (1), 70.245.040 (1)(k), 70.245.060 , 70.245.070 , 70.245.090 , 70.245.120 (1) and (2), 70.245.160 (1) and (2), 70.245.170 , 70.245.190 (1) (a) and (d), and 70.245.200 (2), state reports shall refer to practice under this chapter as obtaining and self-administering life-ending medication. (2) Nothing contained in this chapter shall be interpreted to lower the applicable standard of care for the attending qualified medical provider, consulting qualified medical provider, psychiatrist or psychologist, or other health care provider participating under this chapter.
RCW 70.136.060 — Washington Code / Title 70 / Chapter 136 / Section 060
RCW 70.136.060: Written emergency assistance agreements—Terms and conditions—Records.
Status: in_force

Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions: (1) The person or public agency requested to assist shall not be obligated to assist; (2) The person or public agency requested to assist may act only under the direction of the incident command agency or its representative; (3) The person or public agency requested to assist may withdraw its assistance if it deems the actions or directions of the incident command agency to be contrary to accepted hazardous materials response practices; (4) The person or public agency requested to assist shall not profit from rendering the assistance; (5) Any person responsible for causing the hazardous materials incident shall not be covered by the liability standard defined in RCW 70.136.050 . It is the responsibility of both parties to ensure that mutually agreeable procedures are established for identifying the incident command agency when assistance is requested, for recording the name of the person or public agency whose assistance is requested, and the time and date of the request, which records shall be retained for three years by the incident command agency. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section.
RCW 70A.300.160 — Washington Code / Title 70A / Chapter 300 / Section 160
RCW 70A.300.160: Regulation of wastes with radioactive and hazardous components.
Status: in_force

The department of ecology may regulate all hazardous wastes, including those composed of both radioactive and hazardous components, to the extent it is not preempted by federal law.
RCW 70A.02.060 — Washington Code / Title 70A / Chapter 02 / Section 060
RCW 70A.02.060: Environmental justice assessment.
Status: reserved

(1)(a) When considering a significant agency action initiated after July 1, 2023, a covered agency must conduct an environmental justice assessment in accordance with this section to inform and support the agency's consideration of overburdened communities and vulnerable populations when making decisions and to assist the agency with the equitable distribution of environmental benefits, the reduction of environmental harms, and the identification and reduction of environmental and health disparities. (b) A covered agency must aspire to complete the environmental justice assessment for a significant agency action without delaying the completion of the underlying agency action. (2)(a) Consistent with RCW 70A.02.010 (12)(e), for the purpose of preparing environmental justice assessments, a covered agency may deem actions significant that are additional to the significant agency actions identified in RCW 70A.02.010 (12) (a) through (d), in iterative consultation with the council and interagency work group established under RCW 70A.02.110 . By July 1, 2025, each covered agency must consider their agency's activities and identify and begin applying environmental justice assessments to any actions that the agency identifies as significant that are in addition to the significant agency actions identified in RCW 70A.02.010 (12) (a) through (d). Significant agency actions designated by a covered agency under this subsection must be actions that may cause environmental harm or may affect the equitable distribution of environmental benefits to an overburdened community or a vulnerable population. (b) In the identification of significant agency actions, covered agencies shall consider guidance issued by the council established in RCW 70A.02.110 . Each covered agency must periodically review and update its identified types of significant agency actions for which an environmental justice assessment is required under this section, and the relevant factors to the agency's environmental justice assessments that result from the unique mission, authorities, and priorities of the agency. (3) By July 1, 2023, and periodically thereafter, after an opportunity for public comment on its determinations, each covered agency must: (a) Publish on its website the types of agency actions that the agency has determined are significant agency actions that require an environmental justice assessment under this section, including any significant agency actions identified under subsection (2)(a) of this section; (b) Provide notification of the determination of the types of significant agency actions in the Washington State Register; and (c) Prepare an environmental justice assessment when considering a listed action, after publication of the list of any additional significant agency actions identified under (a) of this subsection. (4) The environmental justice assessment obligation of a covered agency for a significant agency action under this section is satisfied by the completion by the covered agency of a checklist developed by the covered agency that functions akin to the environmental checklist developed by the department of ecology pursuant to chapter 43.21C RCW, and that directs the covered agency to at a minimum: (a) Consider guidance prepared by the council under RCW 70A.02.110 relating to best practices on environmental justice assessments and when and how to use cumulative environmental health impact analysis; (b) Where applicable, use cumulative environmental health impact analysis, such as the environmental health disparities map or other data that considers the effects of a proposed action on overburdened communities and vulnerable populations; (c) Identify overburdened communities and vulnerable populations who are expected to be affected by the proposed action and the potential environmental and health impacts; (d) Pursuant to the consultation process in RCW 70A.02.100 , identify if the proposed action is expected to have any local or regional impacts to federally reserved tribal rights and resources including, but not limited to, those protected by treaty, executive order, or federal law; (e) Summarize community input and describe how the covered agency can further involve overburdened communities, vulnerable populations, affected tribes, and indigenous populations in development of the proposed action; and (f) Describe options for the agency to reduce, mitigate, or eliminate identified probable impacts on overburdened communities and vulnerable populations, or provide a justification for not reducing, mitigating, or eliminating identified probable impacts. (5)(a) To obtain information for the purposes of assessments, a covered agency must solicit feedback from members of overburdened communities and vulnerable populations to assist in the accurate assessment of the potential impact of the action and in developing the means to reduce or eliminate the impact on overburdened communities and vulnerable populations. (b) A covered agency may include items in the checklist required under subsection (4) of this section that are not specified in subsection (4) of this section. (c) The completion of an environmental justice checklist under subsection (4) of this section is not required to be a comprehensive or an exhaustive examination of all potential impacts of a significant agency action and does not require a covered agency to conduct novel quantitative or economic analysis of the proposed significant agency action. (6) Based on the environmental justice assessment, each covered agency must seek, to the extent legal and feasible and consistent with the underlying statute being implemented, to reduce or eliminate the environmental harms and maximize the environmental benefits created by the significant agency action on overburdened communities and vulnerable populations. Consistent with agency authority, mission, and statutory responsibilities, the covered agency must consider each of the following methods for reducing environmental harms or equitably distributing environmental benefits: (a) Eliminating the disparate impact of environmental harms on overburdened communities and vulnerable populations; (b) Reducing cumulative environmental health impacts on overburdened communities or vulnerable populations; (c) Preventing the action from adding to the cumulative environmental health impacts on overburdened communities or vulnerable populations; (d) Providing equitable participation and meaningful engagement of vulnerable populations and overburdened communities in the development of the significant agency action; (e) Prioritizing equitable distribution of resources and benefits to overburdened communities; (f) Promoting positive workforce and job outcomes for overburdened communities; (g) Meeting community needs identified by the affected overburdened community; (h) Modifying substantive regulatory or policy requirements; and (i) Any other mitigation techniques, including those suggested by the council, the office of equity, or representatives of overburdened communities and vulnerable populations. (7) If the covered agency determines it does not have the ability or authority to avoid or reduce any estimated environmental harm of the significant agency action on overburdened communities and vulnerable populations or address the distribution of environmental and health benefits, the agency must provide a clear explanation of why it has made that determination and provide notice of that explanation to members of the public who participated in the process for the significant agency action or the process for the environmental justice assessment and who provided contact information to the agency. (8) In developing a process for conducting environmental justice assessments, each covered agency must consider any guidance developed by the council pursuant to RCW 70A.02.110 . (9) The issuance of forest practices permits under chapter 76.09 RCW or sale of timber from state lands and state forestlands as defined in RCW 79.02.010 do not require an environmental justice assessment under this section.
RCW 70A.445.005 — Washington Code / Title 70A / Chapter 445 / Section 005
RCW 70A.445.005: Intent.
Status: in_force

Antifouling paints and coatings are necessary for the proper performance and preservation of boats and other marine craft. However, many of these substances contain copper, biocides, and other chemicals that are toxic to many aquatic organisms, including salmon. The legislature intends to phase out the use of copper-based and other antifouling paints and coatings that pose an undue threat to the environment when used on recreational water vessels. The legislature also intends to encourage the development of safer alternatives to traditional antifouling paints and coatings.
RCW 70.02.070 — Washington Code / Title 70 / Chapter 02 / Section 070
RCW 70.02.070: Certification of record.
Status: in_force

Upon the request of the person requesting the record, the health care provider or facility shall certify the record furnished and may charge for such certification in accordance with RCW 36.18.016 (5). No record need be certified until the fee is paid. The certification shall be affixed to the record and disclose: (1) The identity of the patient; (2) The kind of health care information involved; (3) The identity of the person to whom the information is being furnished; (4) The identity of the health care provider or facility furnishing the information; (5) The number of pages of the health care information; (6) The date on which the health care information is furnished; and (7) That the certification is to fulfill and meet the requirements of this section.
RCW 70.48.071 — Washington Code / Title 70 / Chapter 48 / Section 071
RCW 70.48.071: Standards for operation—Adoption by units of local government.
Status: in_force

All units of local government that own or operate adult correctional facilities shall, individually or collectively, adopt standards for the operation of those facilities no later than January 1, 1988. Cities and towns shall adopt the standards after considering guidelines established collectively by the cities and towns of the state; counties shall adopt the standards after considering guidelines established collectively by the counties of the state. These standards shall be the minimums necessary to meet federal and state constitutional requirements relating to health, safety, and welfare of inmates and staff, and specific state and federal statutory requirements, and to provide for the public's health, safety, and welfare. Local correctional facilities shall be operated in accordance with these standards.
RCW 70.74.020 — Washington Code / Title 70 / Chapter 74 / Section 020
RCW 70.74.020: Restrictions on manufacture, sale, or storage—Users—Reports on storage—Waiver.
Status: in_force

(1) No person shall manufacture, possess, store, sell, purchase, transport, or use explosives or blasting agents except in compliance with this chapter. (2) The director of the department of labor and industries shall make and promulgate rules and regulations concerning qualifications of users of explosives and shall have the authority to issue licenses for users of explosives to effectuate the purpose of this chapter: PROVIDED, That where there is a finding by the director that the use or disposition of explosives in any class of industry presents no unusual hazard to the safety of life or limb of persons employed therewith, and where the users are supervised by a superior in an employment relationship who is sufficiently experienced in the use of explosives, and who possesses a license for such use under this chapter, the director in his or her discretion may exclude said users in those classes of industry from individual licensing. (3) The director of the department of labor and industries shall make and promulgate rules and regulations concerning the manufacture, sale, purchase, use, transportation, storage, and disposal of explosives, and shall have the authority to issue licenses for the manufacture, purchase, sale, use, transportation, and storage of explosives to effectuate the purpose of this chapter. The director of the department of labor and industries is hereby delegated the authority to grant written waiver of this chapter whenever it can be shown that the manufacturing, handling, or storing of explosives are in compliance with applicable national or federal explosive safety standards: PROVIDED, That any resident of this state who is qualified to purchase explosives in this state and who has complied with the provisions of this chapter applicable to him or her may purchase explosives from an authorized dealer of a bordering state and may transport said explosives into this state for use herein: PROVIDED FURTHER, That residents of this state shall, within ten days of the date of purchase, present to the department of labor and industries a report signed by both vendor and vendee of every purchase from an out of state dealer, said report indicating the date of purchase, name of vendor, vendor's license number, vendor's business address, amount and kind of explosives purchased, the name of the purchaser, the purchaser's license number, and the name of receiver if different than purchaser. (4) It shall be unlawful to sell, give away, or otherwise dispose of, or deliver to any person under twenty-one years of age any explosives including black powder, and blasting caps or other explosive igniters, whether said person is acting for himself or herself or for any other person: PROVIDED, That small arms ammunition and handloader components shall not be considered explosives for the purposes of this section: PROVIDED FURTHER, That if there is a finding by the director that said use or disposition of explosives poses no unusual hazard to the safety of life or limb in any class of industry, where persons eighteen years of age or older are employed as users, and where said persons are adequately trained and adequately supervised by a superior in an employment relationship who is sufficiently experienced in the use of explosives, and who possesses a valid license for such use under this chapter, the director in his or her discretion may exclude said persons in that class of industry from said minimum age requirement. (5) All persons engaged in keeping, using, or storing any compound, mixture, or material, in wet condition, or otherwise, which upon drying out or undergoing other physical changes, may become an explosive within the definition of RCW 70.74.010 , shall report in writing subscribed to by such person or his or her agent, to the department of labor and industries, report blanks to be furnished by such department, and such reports to require: (a) The kind of compound, mixture, or material kept or stored, and maximum quantity thereof; (b) Condition or state of compound, mixture, or material; (c) Place where kept or stored. The department of labor and industries may at any time cause an inspection to be made to determine whether the condition of the compound, mixture, or material is as reported.
RCW 70A.240.010 — Washington Code / Title 70A / Chapter 240 / Section 010
RCW 70A.240.010: Findings.
Status: in_force

(1) The legislature finds that: (a) Recycling reduces greenhouse gas emissions, conserves energy and landfill space, provides jobs and valuable feedstock materials to industry, promotes health, and protects the environment; (b) Washington has long been a leader in sound management of recyclable materials and solid waste; (c) Waste import restrictions worldwide are having huge implications for state and local recycling programs and operations in Washington state, requiring immediate action by the legislature; (d) In order to maintain our leadership in recycling and create regional domestic markets, Washington must be innovative and implement best practices for recycling and waste reduction; (e) Washington's environment and economy will benefit from expanding the number of industries that process recycled materials and use recycled feedstocks in their manufacturing; (f) Washington recognizes the value of manufacturing incentives to encourage recycling industries to locate and operate in Washington and provide manufacturer incentives to improve the recyclability of their products; (g) Many local governments and private entities cumulatively affect, and are affected by, the market for recycled commodities but have limited jurisdiction and cannot adequately address the problems of market development that are complex, wide-ranging, and regional in nature; (h) A sustainable recycling system is one that is economically sustainable, in addition to environmentally sustainable; (i) The private sector has the greatest capacity for creating and expanding markets for recycled commodities and the development of private markets for recycled commodities is in the public interest; and (j) Washington must create a center to facilitate business assistance, provide basic and applied research and development, as well as policy analysis, to further the development of domestic processing and markets for recycled commodities. (2) Therefore, it is the policy of the state to create the recycling development center to research, incentivize, and develop new markets and expand existing markets for recycled commodities and recycling facilities.
RCW 70.82.030 — Washington Code / Title 70 / Chapter 82 / Section 030
RCW 70.82.030: Eligibility.
Status: in_force

Any resident of this state who is educable but, as the result of cerebral palsy, is unable to take advantage of the regular system of free education of this state may be admitted to or be eligible for any service and facilities provided hereunder, provided such resident has lived in this state continuously for more than one year before his or her application for such admission or eligibility.
RCW 70A.300.470 — Washington Code / Title 70A / Chapter 300 / Section 470
RCW 70A.300.470: 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 operation in order to ensure compliance with this chapter.
RCW 70A.100.100 — Washington Code / Title 70A / Chapter 100 / Section 100
RCW 70A.100.100: Bottled water exempt.
Status: in_force

Nothing in this chapter shall apply to water which is bottled or otherwise packaged in a container for human consumption or domestic use, or to the treatment, storage and transportation facilities used in the processing of the bottled water or the distribution of the bottles or containers of water.
RCW 70.54.340 — Washington Code / Title 70 / Chapter 54 / Section 340
RCW 70.54.340: Electrology, body art, body piercing, and tattooing—Rules, sterilization requirements.
Status: in_force

The secretary of health shall adopt by rule requirements, in accordance with nationally recognized professional standards, for precautions against the spread of disease, including the sterilization of needles and other instruments, including sharps and jewelry, employed by electrologists, persons engaged in the practice of body art, body piercing, and tattoo artists. The secretary shall consider the standard precautions for infection control, as recommended by the United States centers for disease control, and guidelines for infection control, as recommended by national industry standards in the adoption of these sterilization requirements.
RCW 70A.355.090 — Washington Code / Title 70A / Chapter 355 / Section 090
RCW 70A.355.090: Underground storage tank account.
Status: in_force

The underground storage tank account is created in the state treasury. Money in the account may only be spent, subject to legislative appropriation, for the administration and enforcement of the underground storage tank program established under this chapter. The account shall contain: (1) All fees collected under RCW 70A.355.080 ; and (2) All fines or penalties collected under RCW 70A.355.070 .
RCW 70A.15.5090 — Washington Code / Title 70A / Chapter 15 / Section 5090
RCW 70A.15.5090: Permits—Issuance—Conditioning of permits—Fees—Agricultural burning practices and research task force—Development of public education materials—Agricultural activities.
Status: in_force

(1) Any person who proposes to set fires in the course of agricultural activities shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70A.15.5100 . General permit criteria of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution control authorities. For the purposes of this section, agricultural burning includes the combustion of natural vegetation from agricultural activities in portable flame cap kilns, provided that the biomass does not contain any prohibited materials as defined in RCW 70A.15.5010 (1). (a) Permits shall be issued under this section based on seasonal operations or by individual operations, or both. (b) Incidental agricultural burning consistent with provisions established in RCW 70A.15.5070 is allowed without applying for any permit and without the payment of any fee. (2) The department of ecology, local air authorities, or a local entity with delegated permit authority shall: (a) Condition all permits to ensure that the public interest in air, water, and land pollution and safety to life and property is fully considered; (b) Condition all burning permits to minimize air pollution insofar as practical; (c) Act upon, within seven days from the date an application is filed under this section, an application for a permit to set fires in the course of agricultural burning for controlling diseases, insects, weed abatement, or development of physiological conditions conducive to increased crop yield; (d) Provide convenient methods for issuance and oversight of agricultural burning permits; and (e) Work, through agreement, with counties and cities to provide convenient methods for granting permission for agricultural burning, including telephone, facsimile transmission, issuance from local city or county offices, or other methods. (3) A local air authority administering the permit program under subsection (2) of this section shall not limit the number of days of allowable agricultural burning, but may consider the time of year, meteorological conditions, and other criteria specified in rules adopted by the department to implement subsection (2) of this section. (4) In addition to following any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both. Nothing in this section relieves the applicant from obtaining permits, licenses, or other approvals required by any other law. (5) The department of ecology, the appropriate local air authority, or a local entity with delegated permitting authority pursuant to RCW 70A.15.5100 at the time the permit is issued shall assess and collect permit fees for burning under this section. All fees collected shall be deposited in the air pollution control account created in RCW 70A.15.1010 , except for that portion of the fee necessary to cover local costs of administering a permit issued under this section. Fees shall be set by rule by the permitting agency at the level determined by the task force created by subsection (6) of this section, but fees for field burning shall not exceed $3.75 per acre to be burned or, in the case of pile burning, shall not exceed $1.00 per ton of material burned. (6) An agricultural burning practices and research task force shall be established under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair; one representative of eastern Washington local air authorities; three representatives of the agricultural community from different agricultural pursuits; one representative of the department of agriculture; two representatives from universities or colleges knowledgeable in agricultural issues; one representative of the public health or medical community; and one representative of the conservation districts. The task force shall: (a) Identify best management practices for reducing air contaminant emissions from agricultural activities and provide such information to the department and local air authorities; (b) Determine the level of fees to be assessed by the permitting agency pursuant to subsection (5) of this section, based upon the level necessary to cover the costs of administering and enforcing the permit programs, to provide funds for research into alternative methods to reduce emissions from such burning, and to the extent possible be consistent with fees charged for such burning permits in neighboring states. The fee level shall provide, to the extent possible, for lesser fees for permittees who use best management practices to minimize air contaminant emissions; (c) Identify research needs related to minimizing emissions from agricultural burning and alternatives to such burning; and (d) Make recommendations to the department on priorities for spending funds provided through this chapter for research into alternative methods to reduce emissions from agricultural burning. (7) Conservation districts and the Washington State University agricultural extension program in conjunction with the department shall develop public education material for the agricultural community identifying the health and environmental effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor burning. (8)(a) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under this section and RCW 70A.15.5110 , is allowed within the urban growth area as described in RCW 70A.15.5020 if the burning is not conducted during air quality episodes, or where a determination of impaired air quality has been made as provided in RCW 70A.15.3580 , and the agricultural activities preceded the designation as an urban growth area. (b) Outdoor burning of cultivated orchard trees, whether or not agricultural crops will be replanted on the land, shall be allowed as an ongoing agricultural activity under this section if a local horticultural pest and disease board formed under chapter 15.09 RCW, an extension office agent with Washington State University that has horticultural experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is an appropriate method to prevent or control the spread of horticultural pests or diseases.
RCW 70A.410.010 — Washington Code / Title 70A / Chapter 410 / Section 010
RCW 70A.410.010: Definitions.
Status: in_force

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.410.005 through 70A.410.030 . (1) "Department" means the department of ecology. (2) "Dishwashing detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning dishes, whether by hand or by household machine. (3) "Laundry detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning laundry, whether by hand or by household machine. (4) "Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. (5) "Phosphorus" means elemental phosphorus.
RCW 70A.10.190 — Washington Code / Title 70A / Chapter 10 / Section 190
RCW 70A.10.190: Legislative declaration.
Status: in_force

The legislature finds and declares that when prolonged lack of precipitation or shortages of water supply in the state cause severe hardships affecting the health, safety, and welfare of the people of the state, a program to increase precipitation is occasionally needed for the generation of hydroelectric power, for domestic purposes, and to alleviate hardships created by the threat of forest fires and shortages of water for agriculture. Cloud seeding has been demonstrated to be such a program of weather modification with increasing scientific certainty.
RCW 70.127.080 — Washington Code / Title 70 / Chapter 127 / Section 080
RCW 70.127.080: Licenses—Application procedure and requirements.
Status: in_force

(1) An applicant for an in-home services agency license shall: (a) File a written application on a form provided by the department; (b) Demonstrate ability to comply with this chapter and the rules adopted under this chapter; (c) Cooperate with on-site survey conducted by the department except as provided in RCW 70.127.085 ; (d) Provide evidence of and maintain professional liability, public liability, and property damage insurance in an amount established by the department, based on industry standards. This subsection shall not apply to hospice agency applicants that provide hospice care without receiving compensation for delivery of services; (e) Provide documentation of an organizational structure, and the identity of the applicant, officers, administrator, directors of clinical services, partners, managing employees, or owners of ten percent or more of the applicant's assets; (f) File with the department for approval a description of the service area in which the applicant will operate and a description of how the applicant intends to provide management and supervision of services throughout the service area. The department shall adopt rules necessary to establish criteria for approval that are related to appropriate management and supervision of services throughout the service area. In developing the rules, the department may not establish criteria that: (i) Limit the number or type of agencies in any service area; or (ii) Limit the number of persons any agency may serve within its service area unless the criteria are related to the need for trained and available staff to provide services within the service area; (g) File with the department a list of the home health, hospice, and home care services provided directly and under contract; (h) Pay to the department a license fee as provided in RCW 70.127.090 ; (i) Comply with RCW 43.43.830 through 43.43.842 for criminal background checks; and (j) Provide any other information that the department may reasonably require. (2) A certificate of need under chapter 70.38 RCW is not required for licensure except for the operation of a hospice care center.
RCW 70A.220.030 — Washington Code / Title 70A / Chapter 220 / Section 030
RCW 70A.220.030: Violations, penalty.
Status: in_force

(1) A person who, after written notice from the department, violates RCW 70A.220.020 is subject to a civil penalty of fifty dollars for each violation up to a maximum of five hundred dollars and may be enjoined from continuing violations. Each distribution constitutes a separate offense. (2) Retailers and distributors shall have two years from May 21, 1991, to clear current inventory, delivered or received and held in their possession as of May 21, 1991.
RCW 70.77.124 — Washington Code / Title 70 / Chapter 77 / Section 124
RCW 70.77.124: Definitions—"City."
Status: in_force

"City" means any incorporated city or town.
RCW 70.168.070 — Washington Code / Title 70 / Chapter 168 / Section 070
RCW 70.168.070: Provision of trauma care service—Designation.
Status: in_force

Any hospital or health care facility that desires to be authorized to provide a designated trauma care service shall request designation from the department. Designation involves a contractual relationship between the state and a hospital or health care facility whereby each agrees to maintain a level of commitment and resources sufficient to meet responsibilities and standards required by the statewide emergency medical services and trauma care system plan. By January 1992, the department shall determine by rule the manner and form of such requests. Upon receiving a request, the department shall review the request to determine whether the hospital or health care facility is in compliance with standards for the trauma care service or services for which designation is desired. If requests are received from more than one hospital or health care facility within the same emergency medical planning and trauma care planning and service region, the department shall select the most qualified applicant or applicants to be selected through a competitive process. Any applicant not designated may request a hearing to review the decision. Designations are valid for a period of three years and are renewable upon receipt of a request for renewal prior to expiration from the hospital or health care facility. When an authorization for designation is due for renewal other hospitals and health care facilities in the area may also apply and compete for designation. Regional emergency medical and trauma care councils shall be notified promptly of designated hospitals and health care facilities in their region so they may incorporate them into the regional plan as required by this chapter. The department may revoke or suspend the designation should it determine that the hospital or health care facility is substantially out of compliance with the standards and has refused or been unable to comply after a reasonable period of time has elapsed. The department shall promptly notify the regional emergency medical and trauma care planning and service region of suspensions or revocations. Any facility whose designation has been revoked or suspended may request a hearing to review the action by the department as provided for in chapter 34.05 RCW. As a part of the process to designate and renew the designation of hospitals authorized to provide level I, II, or III trauma care services or level I, II, and III pediatric trauma care services, the department shall contract for on-site reviews of such hospitals to determine compliance with required standards. The department may contract for on-site reviews of hospitals and health care facilities authorized to provide level IV or V trauma care services or level I, I-pediatric, II, or III trauma-related rehabilitative services to determine compliance with required standards. Members of on-site review teams and staff included in site visits are exempt from chapter 42.56 RCW. They may not divulge and cannot be subpoenaed to divulge information obtained or reports written pursuant to this section in any civil action, except, after in camera review, pursuant to a court order which provides for the protection of sensitive information of interested parties including the department: (1) In actions arising out of the department's designation of a hospital or health care facility pursuant to this section; (2) in actions arising out of the department's revocation or suspension of designation status of a hospital or health care facility under this section; or (3) in actions arising out of the restriction or revocation of the clinical or staff privileges of a health care provider as defined in RCW 7.70.020 (1) and (2), subject to any further restrictions on disclosure in RCW 4.24.250 that may apply. Information that identifies individual patients shall not be publicly disclosed without the patient's consent. When a facility requests designation for more than one service, the department may coordinate the joint consideration of such requests. The department may establish fees to help defray the costs of this section, though such fees shall not be assessed to health care facilities authorized to provide level IV and V trauma care services. This section shall not restrict the authority of a hospital or a health care provider licensed under Title 18 RCW to provide services which it has been authorized to provide by state law.
RCW 70.110.020 — Washington Code / Title 70 / Chapter 110 / Section 020
RCW 70.110.020: Legislative finding.
Status: in_force

The legislature hereby finds and declares that fabric related burns from children's sleepwear present an immediate and serious danger to the infants and children of this state. The legislature therefore declares it to be in the public interest, and for the protection of the health, property, and welfare of the residents of this state to herein provide for flammability standards for children's sleepwear.
RCW 70.41.080 — Washington Code / Title 70 / Chapter 41 / Section 080
RCW 70.41.080: Fire protection.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2577-S.SL ) ***

Standards for fire protection and the enforcement thereof, with respect to all hospitals to be licensed hereunder shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt, after approval by the department, the recognized standards applicable to hospitals for the protection of life against the cause and spread of fire and fire hazards adopted by the federal centers for medicare and medicaid services for hospitals that care for medicare or medicaid beneficiaries. The standards used for an inspection of an existing hospital, or existing portion thereof, shall be standards for existing buildings and not standards for new construction. The department upon receipt of an application for a license, shall submit to the director of fire protection in writing, a request for an inspection, giving the applicant's name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make an inspection of the hospital to be licensed during the department's inspection. If it is found that the premises do not comply with the required safety standards and fire regulations as adopted pursuant to this chapter, the director of fire protection, or his or her deputy, shall promptly make a written report to the department listing the corrective actions required. The department shall incorporate the written report into the department's final inspection report. The applicant or licensee shall submit corrections to comply with the fire protection standards along with any other licensing inspection corrections to the department. The department shall submit the section of the statement of corrections from the applicant or licensee regarding fire protection standards to the director of fire protection. If extensive and serious corrections are required, the director of fire protection, or his or her deputy, may reinspect the premises. The director of fire protection, or his or her deputy, shall utilize the scope and severity matrix developed by the centers for medicare and medicaid services when determining what corrections will require a reinspection. Whenever the hospital to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department, in a timely manner so the license will not be delayed, a written report approving the hospital with respect to fire protection, and such report is required before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made inspections of such hospitals on average at least once every eighteen months. Inspections conducted by the joint commission on hospitals accredited by it shall be deemed equivalent to an inspection by the chief of the Washington state patrol, through the director of fire protection, for purposes of meeting the requirements for the inspections specified in this section. The director of fire protection shall designate one lead deputy state fire marshal on a regional basis to provide consistency with each of the department's survey teams for the purpose of conducting the fire protection inspection during the department's licensing inspection. The director of fire protection shall ensure deputy state fire marshals are provided orientation with the department on the unique environment of hospitals before they conduct fire protection inspections in hospitals. The orientation shall include, but not be limited to: Clinical environment of hospitals; operating room environment; fire protection practices in hospitals; full participation in a complete licensing inspection of at least one urban hospital; and full participation in a complete licensing inspection of at least one rural hospital. In cities which have in force a comprehensive building code, the provisions of which are determined by the chief of the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the code for hospitals adopted by the chief of the Washington state patrol, through the director of fire protection, the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection with the chief of the Washington state patrol, through the director of fire protection, or his or her deputy and they shall jointly approve the premises before a full license can be issued.
RCW 70.47.070 — Washington Code / Title 70 / Chapter 47 / Section 070
RCW 70.47.070: Benefits from other coverages not reduced.
Status: in_force

The benefits available under the basic health plan shall be excess to the benefits payable under the terms of any insurance policy issued to or on the behalf of an enrollee that provides payments toward medical expenses without a determination of liability for the injury. Except where in conflict with federal or state law, the benefits of any other health plan or insurance which covers an enrollee shall be determined before the benefits of the basic health plan. The *administrator shall require that managed health care systems conduct and report on coordination of benefits activities as provided under this section.
RCW 70.83.050 — Washington Code / Title 70 / Chapter 83 / Section 050
RCW 70.83.050: Rules and regulations to be adopted by state board of health.
Status: in_force

The state board of health shall adopt rules and regulations necessary to carry out the intent of this chapter.
RCW 70A.350.020 — Washington Code / Title 70A / Chapter 350 / Section 020
RCW 70A.350.020: Report to the legislature—Priority chemicals.
Status: in_force

Every five years, and consistent with the timeline established in RCW 70A.350.050 , the department, in consultation with the department of health, must report to the appropriate committees of the legislature its decision to designate at least five priority chemicals that meet at least one of the following: (1) The chemical or a member of a class of chemicals are identified by the department as a: (a) High priority chemical of high concern for children under chapter 70A.430 RCW; or (b) Persistent, bioaccumulative toxin under chapter 70A.300 RCW; (2) The chemical or members of a class of chemicals are regulated: (a) In consumer products under chapter 70A.430 , 70A.405, 70A.222, 70A.335, 70A.340, 70A.230, or 70A.400 RCW; or (b) As a hazardous substance under chapter 70A.300 or 70A.305 RCW; or (3) The department determines the chemical or members of a class of chemicals are a concern for sensitive populations and sensitive species after considering the following factors: (a) A chemical's or members of a class of chemicals' hazard traits or environmental or toxicological endpoints; (b) A chemical's or members of a class of chemicals' aggregate effects; (c) A chemical's or members of a class of chemicals' cumulative effects with other chemicals with the same or similar hazard traits or environmental or toxicological endpoints; (d) A chemical's or members of a class of chemicals' environmental fate; (e) The potential for a chemical or members of a class of chemicals to degrade, form reaction products, or metabolize into another chemical or a chemical that exhibits one or more hazard traits or environmental or toxicological endpoints, or both; (f) The potential for the chemical or class of chemicals to contribute to or cause adverse health or environmental impacts; (g) The chemical's or class of chemicals' potential impact on sensitive populations, sensitive species, or environmentally sensitive habitats; (h) Potential exposures to the chemical or members of a class of chemicals based on: (i) Reliable information regarding potential exposures to the chemical or members of a class of chemicals; and (ii) Reliable information demonstrating occurrence, or potential occurrence, of multiple exposures to the chemical or members of a class of chemicals.
RCW 70.38.920 — Washington Code / Title 70 / Chapter 38 / Section 920
RCW 70.38.920: Short title.
Status: in_force

This act may be cited as the "State Health Planning and Resources Development Act".
RCW 70.02.010 — Washington Code / Title 70 / Chapter 02 / Section 010
RCW 70.02.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Admission" has the same meaning as in RCW 71.05.020 . (2) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with: (a) Statutory, regulatory, fiscal, medical, or scientific standards; (b) A private or public program of payments to a health care provider; or (c) Requirements for licensing, accreditation, or certification. (3) "Authority" means the Washington state health care authority. (4) "Commitment" has the same meaning as in RCW 71.05.020 . (5) "Custody" has the same meaning as in RCW 71.05.020 . (6) "Deidentified" means health information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual. (7) "Department" means the department of social and health services. (8) "Designated crisis responder" has the same meaning as in RCW 71.05.020 or 71.34.020 , as applicable. (9) "Detention" or "detain" has the same meaning as in RCW 71.05.020 . (10) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, location within a health care facility, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility. (11) "Discharge" has the same meaning as in RCW 71.05.020 . (12) "Evaluation and treatment facility" has the same meaning as in RCW 71.05.020 or 71.34.020 , as applicable. (13) "Federal, state, or local law enforcement authorities" means an officer of any agency or authority in the United States, a state, a tribe, a territory, or a political subdivision of a state, a tribe, or a territory who is empowered by law to: (a) Investigate or conduct an official inquiry into a potential criminal violation of law; or (b) prosecute or otherwise conduct a criminal proceeding arising from an alleged violation of law. (14) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions. (15) "Health care" means any care, service, or procedure provided by a health care provider: (a) To diagnose, treat, or maintain a patient's physical or mental condition; or (b) That affects the structure or any function of the human body. (16) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients. (17) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any required accounting of disclosures of health care information. (18) "Health care operations" means any of the following activities of a health care provider, health care facility, or third-party payor to the extent that the activities are related to functions that make an entity a health care provider, a health care facility, or a third-party payor: (a) Conducting: Quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment; (b) Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities; (c) Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, including stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met; (d) Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs; (e) Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the health care facility or third-party payor, including formulary development and administration, development, or improvement of methods of payment or coverage policies; and (f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to: (i) Management activities relating to implementation of and compliance with the requirements of this chapter; (ii) Customer service, including the provision of data analyses for policyholders, plan sponsors, or other customers, provided that health care information is not disclosed to such policyholder, plan sponsor, or customer; (iii) Resolution of internal grievances; (iv) The sale, transfer, merger, or consolidation of all or part of a health care provider, health care facility, or third-party payor with another health care provider, health care facility, or third-party payor or an entity that following such activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such activity; and (v) Consistent with applicable legal requirements, creating deidentified health care information or a limited data set for the benefit of the health care provider, health care facility, or third-party payor. (19) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession. (20) "Human immunodeficiency virus" or "HIV" has the same meaning as in RCW 70.24.017 . (21) "Imminent" has the same meaning as in RCW 71.05.020 . (22) "Indian health care provider" has the same meaning as in RCW 43.71B.010 (11). (23) "Information and records related to mental health services" means a type of health care information that relates to all information and records compiled, obtained, or maintained in the course of providing services by a mental health service agency or mental health professional to persons who are receiving or have received services for mental illness. The term includes mental health information contained in a medical bill, registration records, and all other records regarding the person maintained by the department, by the authority, by behavioral health administrative services organizations and their staff, managed care organizations contracted with the authority under chapter 74.09 RCW and their staff, and by treatment facilities. The term further includes documents of legal proceedings under chapter 71.05 , 71.34, or 10.77 RCW, or somatic health care information. For health care information maintained by a hospital as defined in RCW 70.41.020 or a health care facility or health care provider that participates with a hospital in an organized health care arrangement defined under federal law, "information and records related to mental health services" is limited to information and records of services provided by a mental health professional or information and records of services created by a hospital-operated community behavioral health program as defined in RCW 71.24.025 . The term does not include psychotherapy notes. (24) "Information and records related to sexually transmitted diseases" means a type of health care information that relates to the identity of any person upon whom an HIV antibody test or other sexually transmitted infection test is performed, the results of such tests, and any information relating to diagnosis of or treatment for any confirmed sexually transmitted infections. (25) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects. (26) "Legal counsel" has the same meaning as in RCW 71.05.020 . (27) "Local public health officer" has the same meaning as the term "local health officer" as defined in RCW 70.24.017 . (28) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information. (29) "Managed care organization" has the same meaning as provided in RCW 71.24.025 . (30) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary of health under chapter 71.05 RCW, whether that person works in a private or public setting. (31) "Mental health service agency" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 or 71.34.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.34.020 , community mental health service delivery systems, or community behavioral health programs, as defined in RCW 71.24.025 , and facilities conducting competency evaluations and restoration under chapter 10.77 RCW. (32) "Minor" has the same meaning as in RCW 71.34.020 . (33) "Parent" has the same meaning as in RCW 71.34.020 . (34) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care. (35) "Payment" means: (a) The activities undertaken by: (i) A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits by the third-party payor; or (ii) A health care provider, health care facility, or third-party payor, to obtain or provide reimbursement for the provision of health care; and (b) The activities in (a) of this subsection that relate to the patient to whom health care is provided and that include, but are not limited to: (i) Determinations of eligibility or coverage, including coordination of benefits or the determination of cost-sharing amounts, and adjudication or subrogation of health benefit claims; (ii) Risk adjusting amounts due based on enrollee health status and demographic characteristics; (iii) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and related health care data processing; (iv) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges; (v) Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and (vi) Disclosure to consumer reporting agencies of any of the following health care information relating to collection of premiums or reimbursement: (A) Name and address; (B) Date of birth; (C) Social security number; (D) Payment history; (E) Account number; and (F) Name and address of the health care provider, health care facility, and/or third-party payor. (36) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (37) "Professional person" has the same meaning as in RCW 71.05.020 . (38) "Psychiatric advanced registered nurse practitioner" has the same meaning as in RCW 71.05.020 . (39) "Psychotherapy notes" means notes recorded, in any medium, by a mental health professional documenting or analyzing the contents of conversations during a private counseling session or group, joint, or family counseling session, and that are separated from the rest of the individual's medical record. The term excludes mediation prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: Diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date. (40) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed 65 cents per page for the first 30 pages and 50 cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed $15. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit. (41) "Release" has the same meaning as in RCW 71.05.020 . (42) "Resource management services" has the same meaning as in RCW 71.05.020 . (43) "Serious violent offense" has the same meaning as in RCW 9.94A.030 . (44) "Sexually transmitted infection" or "sexually transmitted disease" has the same meaning as "sexually transmitted disease" in RCW 70.24.017 . (45) "Test for a sexually transmitted disease" has the same meaning as in RCW 70.24.017 . (46) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan, excluding fitness or wellness plans; or a state or federal health benefit program. (47) "Treatment" means the provision, coordination, or management of health care and related services by one or more health care providers or health care facilities, including the coordination or management of health care by a health care provider or health care facility with a third party; consultation between health care providers or health care facilities relating to a patient; or the referral of a patient for health care from one health care provider or health care facility to another. (48) "Tribal public health authority" means a tribe that is responsible for public health matters as a part of its official mandate. (49) "Tribal public health officer" means the individual appointed as the health officer for the tribe. (50) "Tribe" has the same meaning as in RCW 71.24.025 .
RCW 70.79.100 — Washington Code / Title 70 / Chapter 79 / Section 100
RCW 70.79.100: Chief inspector—Qualifications—Appointment, removal.
Status: in_force

(1) Within sixty days after the effective date of this chapter, and at any time thereafter that the office of the chief inspector may become vacant, the director of the department of labor and industries shall appoint a chief inspector who shall have had at the time of such appointment not less than ten years practical experience in the construction, maintenance, repair, or operation of high pressure boilers and unfired pressure vessels, as a mechanical engineer, steam engineer, boilermaker, or boiler inspector, and who shall have passed the same kind of examination as that prescribed for deputy or special inspectors in RCW 70.79.170 to be chief inspector until his or her successor shall have been appointed and qualified. Such chief inspector may be removed for cause after due investigation by the board and its recommendation to the director of the department of labor and industries.
RCW 70A.65.305 — Washington Code / Title 70A / Chapter 65 / Section 305
RCW 70A.65.305: Tribal consultation.
Status: reserved

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

(1) Agencies that allocate funding or administer grant programs appropriated from the climate investment account created in RCW 70A.65.250 , the climate commitment account created in RCW 70A.65.260 , and the natural climate solutions account created in RCW 70A.65.270 must offer early, meaningful, and individual consultation with any affected federally recognized tribe on all funding decisions and funding programs that may impact tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or protected by federal treaty, statute, or executive order. The consultation is independent of, and in addition to, any public participation process required by federal or state law, or by a federal or state agency, including the requirements of Executive Order 21-02 related to archaeological and cultural resources, and regardless of whether the agency receives a request for consultation from a federally recognized tribe. The goal of the consultation process is to identify tribal resources or rights potentially affected by the funding decisions and funding programs, assess their effects, and seek ways to avoid, minimize, or mitigate any adverse effects on tribal resources or rights. (2) At the earliest possible date prior to submittal of an application, applicants for funding from the accounts created in RCW 70A.65.250 , 70A.65.260 , and 70A.65.270 shall engage in a preapplication process with all affected federally recognized tribes within the project area. During the 2023-2025 fiscal biennium, salmon habitat and climate resilience projects funded from the natural climate solutions account created in RCW 70A.65.270 that went through the application and prioritization process before July 1, 2023, are exempt from the preapplication requirements under this subsection. (a) The preapplication process must include the applicant notifying the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. The notification must include geographical location, detailed scope of the proposed project, preliminary application details available to federal, state, or local governmental jurisdictions, and all publicly available materials, including public funding sources. (b) The applicant must also offer to discuss the project with the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. Discussions may include the project's impact to tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or protected by federal treaty, statute, or executive order. (c) All affected federally recognized tribes may submit to the appropriate agency or agencies a summary of tribal issues, questions, concerns, or other statements regarding the project, which must become part of the official application file. The summary does not limit what issues affected federally recognized tribes may raise in the consultation process identified in subsections (1), (3) through (7), and (9) of this section. (d) The notification and offer to initiate discussion must be documented with the application when it is filed, and a copy of the application must be delivered to the department of archaeology and historic preservation, the department of fish and wildlife, and to the affected federally recognized tribe or tribes. If the discussions pursuant to (b) of this subsection do not occur, the applicant must document the reason why the discussion or discussions did not occur. (e) Nothing in this section may be interpreted to require the disclosure of information that is exempt from disclosure pursuant to RCW 42.56.300 or federal law, including section 304 of the national historic preservation act of 1966. Any information that is exempt from disclosure pursuant to RCW 42.56.300 or federal law, including section 304 of the national historic preservation act of 1966, shall not become part of the official application file. (3) If any funding decision, program, project, or activity that may impact tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved by federal treaty, statute, or executive order is funded from the accounts created in RCW 70A.65.250 , 70A.65.260 , and 70A.65.270 without such a consultation with an affected federally recognized tribe, the affected federally recognized tribe may request that all further action on the decision, program, project, or activity cease until meaningful consultation is completed. Upon receipt of such a request by an agency or agencies with the authority to allocate funding or administer grant programs from the accounts listed in subsection (1) of this section in support of the proposed project, further action by the agency or agencies on any decision, program, project, or activity that would result in significant physical disturbance of the tribal resource or resources described in this subsection must cease until the consultation has been completed. (4) Upon completion of agency and tribal consultation, an affected federally recognized tribe may request a formal review of the consultation by submitting a request to the governor's office of Indian affairs and notifying the appropriate agencies and the department of archaeology and historic preservation. The state agencies and tribe must meet to initiate discussion within no more than 20 days of the request. This consultation must be offered and conducted separately with each affected federally recognized tribe, unless the tribes agree to conduct a joint consultation with the state. (5) After the state agencies and tribe or tribes have conducted a formal review under subsection (4) of this section, an affected federally recognized tribe or state agency may request that the governor and an elected tribal leader or leaders of a federally recognized tribal government meet to formally consider the recommendations from the parties. If requested, this meeting must occur within 30 days of the request, except that a federally recognized tribe may choose to opt out of the meeting. This timeline may be extended by mutual agreement between the governor and the tribal leaders. (6) After the meeting identified in subsection (5) of this section has occurred, the governor or an elected tribal leader of a federally recognized tribe may call for the state and tribe or tribes to enter into formal mediation, except that a federally recognized tribe may choose to opt out of the mediation. If entered into, the mediation must be conducted as a government-to-government proceeding, with each sovereign government retaining their right to a final decision that meets their separate obligations and interests. Mediators must be jointly selected by the parties to the mediation. An agreement between the governor and a tribal leader or leaders resulting from the mediation is formally recognized and binding on the signatory parties. Absent an agreement, participation in mediation does not preclude any additional steps that any party can initiate, including legal review, to resolve a continuing disagreement. (7) During the proceedings outlined in subsections (4) through (6) of this section, the agency or agencies with the authority to allocate funding or administer grant programs from the accounts listed in subsection (1) of this section in support of the proposed project may not approve or release funding, or make other formal decisions, including permitting, that advance the proposed project except where required by law. (8) By June 30, 2023, the governor's office of Indian affairs, in coordination with the department of archaeology and historic preservation and federally recognized tribes, shall develop a state agency tribal consultation process, including best practices for early, meaningful, and effective consultation, early notification and engagement by applicants with federally recognized tribes as a part of the preapplication process in subsection (2) of this section, and protocols for communication and collaboration with federally recognized tribes. The consultation process developed under this section must be periodically reviewed and updated in coordination with federally recognized tribes. The governor's office of Indian affairs must provide training and other technical assistance to state agencies, as they implement the required consultation. Notwithstanding the governor's office of Indian affairs' ongoing work pursuant to this subsection, the provisions of subsections (1) through (7) and (9) of this section become effective as of June 9, 2022. (9) The requirements of this section apply to local governments that receive funding from the accounts created in RCW 70A.65.250 , 70A.65.260 , and 70A.65.270 , where that funding is disbursed to project and program applicants. Where requested, the governor's office of Indian affairs must provide training and other technical assistance to local government agencies as they implement the consultation requirements of this section. (10) Any agency subject to or implementing this section may adopt rules in furtherance of its duties under this section. (11) Subject to the availability of amounts appropriated for this specific purpose, the department must establish a tribal capacity grant program to provide funding to federally recognized tribes for the costs of implementing this section.
RCW 70.47.060 — Washington Code / Title 70 / Chapter 47 / Section 060
RCW 70.47.060: Powers and duties of administrator—Schedule of services—Premiums, copayments, subsidies—Enrollment.
Status: in_force

The *administrator has the following powers and duties: (1) To design and from time to time revise a schedule of covered basic health care services, including physician services, inpatient and outpatient hospital services, prescription drugs and medications, and other services that may be necessary for basic health care. In addition, the *administrator may, to the extent that funds are available, offer as basic health plan services chemical dependency services, mental health services, and organ transplant services. All subsidized and nonsubsidized enrollees in any participating managed health care system under the Washington basic health plan shall be entitled to receive covered basic health care services in return for premium payments to the plan. The schedule of services shall emphasize proven preventive and primary health care and shall include all services necessary for prenatal, postnatal, and well-child care. However, with respect to coverage for subsidized enrollees who are eligible to receive prenatal and postnatal services through the medical assistance program under chapter 74.09 RCW, the *administrator shall not contract for such services except to the extent that such services are necessary over not more than a one-month period in order to maintain continuity of care after diagnosis of pregnancy by the managed care provider. The schedule of services shall also include a separate schedule of basic health care services for children, eighteen years of age and younger, for those subsidized or nonsubsidized enrollees who choose to secure basic coverage through the plan only for their dependent children. In designing and revising the schedule of services, the *administrator shall consider the guidelines for assessing health services under the mandated benefits act of 1984, RCW 48.47.030 , and such other factors as the *administrator deems appropriate. The *administrator shall encourage enrollees who have been continually enrolled on basic health for a period of one year or more to complete a health risk assessment and participate in programs approved by the *administrator that may include wellness, smoking cessation, and chronic disease management programs. In approving programs, the *administrator shall consider evidence that any such programs are proven to improve enrollee health status. (2)(a) To design and implement a structure of periodic premiums due the *administrator from subsidized enrollees that is based upon gross family income, giving appropriate consideration to family size and the ages of all family members. The enrollment of children shall not require the enrollment of their parent or parents who are eligible for the plan. The structure of periodic premiums shall be applied to subsidized enrollees entering the plan as individuals pursuant to subsection (11) of this section and to the share of the cost of the plan due from subsidized enrollees entering the plan as employees pursuant to subsection (12) of this section. (b) To determine the periodic premiums due the *administrator from subsidized enrollees under **RCW 70.47.020 (9)(b). Premiums due for foster parents with gross family income up to two hundred percent of the federal poverty level shall be set at the minimum premium amount charged to enrollees with income below sixty-five percent of the federal poverty level. Premiums due for foster parents with gross family income between two hundred percent and three hundred percent of the federal poverty level shall not exceed one hundred dollars per month. (c) To determine the periodic premiums due the *administrator from nonsubsidized enrollees. Premiums due from nonsubsidized enrollees shall be in an amount equal to the cost charged by the managed health care system provider to the state for the plan plus the administrative cost of providing the plan to those enrollees and the premium tax under RCW 48.14.0201 . (d) To determine the periodic premiums due the *administrator from health coverage tax credit eligible enrollees. Premiums due from health coverage tax credit eligible enrollees must be in an amount equal to the cost charged by the managed health care system provider to the state for the plan, plus the administrative cost of providing the plan to those enrollees and the premium tax under RCW 48.14.0201 . The *administrator will consider the impact of eligibility determination by the appropriate federal agency designated by the Trade Act of 2002 (P.L. 107-210) as well as the premium collection and remittance activities by the United States internal revenue service when determining the administrative cost charged for health coverage tax credit eligible enrollees. (e) An employer or other financial sponsor may, with the prior approval of the *administrator, pay the premium, rate, or any other amount on behalf of a subsidized or nonsubsidized enrollee, by arrangement with the enrollee and through a mechanism acceptable to the *administrator. The *administrator shall establish a mechanism for receiving premium payments from the United States internal revenue service for health coverage tax credit eligible enrollees. (f) To develop, as an offering by every health carrier providing coverage identical to the basic health plan, as configured on January 1, 2001, a basic health plan model plan with uniformity in enrollee cost-sharing requirements. (g) To collect from all public employees a voluntary opt-in donation of varying amounts through a monthly or one-time payroll deduction as provided for in RCW 41.04.230 . The donation must be deposited in the health services account established in ***RCW 43.72.900 to be used for the sole purpose of maintaining enrollment capacity in the basic health plan. The *administrator shall send an annual notice to state employees extending the opportunity to participate in the opt-in donation program for the purpose of saving enrollment slots for the basic health plan. The first such notice shall be sent to public employees no later than June 1, 2009. The notice shall include monthly sponsorship levels of fifteen dollars per month, thirty dollars per month, fifty dollars per month, and any other amounts deemed reasonable by the *administrator. The sponsorship levels shall be named "safety net contributor," "safety net hero," and "safety net champion" respectively. The donation amounts provided shall be tied to the level of coverage the employee will be purchasing for a working poor individual without access to health care coverage. The *administrator shall ensure that employees are given an opportunity to establish a monthly standard deduction or a one-time deduction towards the basic health plan donation program. The basic health plan donation program shall be known as the "save the safety net program." The donation permitted under this subsection may not be collected from any public employee who does not actively opt in to the donation program. Written notification of intent to discontinue participation in the donation program must be provided by the public employee at least fourteen days prior to the next standard deduction. (3) To evaluate, with the cooperation of participating managed health care system providers, the impact on the basic health plan of enrolling health coverage tax credit eligible enrollees. The *administrator shall issue to the appropriate committees of the legislature preliminary evaluations on June 1, 2005, and January 1, 2006, and a final evaluation by June 1, 2006. The evaluation shall address the number of persons enrolled, the duration of their enrollment, their utilization of covered services relative to other basic health plan enrollees, and the extent to which their enrollment contributed to any change in the cost of the basic health plan. (4) To end the participation of health coverage tax credit eligible enrollees in the basic health plan if the federal government reduces or terminates premium payments on their behalf through the United States internal revenue service. (5) To design and implement a structure of enrollee cost-sharing due a managed health care system from subsidized, nonsubsidized, and health coverage tax credit eligible enrollees. The structure shall discourage inappropriate enrollee utilization of health care services, and may utilize copayments, deductibles, and other cost-sharing mechanisms, but shall not be so costly to enrollees as to constitute a barrier to appropriate utilization of necessary health care services. (6) To limit enrollment of persons who qualify for subsidies so as to prevent an overexpenditure of appropriations for such purposes. Whenever the *administrator finds that there is danger of such an overexpenditure, the *administrator shall close enrollment until the *administrator finds the danger no longer exists. Such a closure does not apply to health coverage tax credit eligible enrollees who receive a premium subsidy from the United States internal revenue service as long as the enrollees qualify for the health coverage tax credit program. To prevent the risk of overexpenditure, the *administrator may disenroll persons receiving subsidies from the program based on criteria adopted by the *administrator. The criteria may include: Length of continual enrollment on the program, income level, or eligibility for other coverage. The *administrator shall identify enrollees who are eligible for other coverage, and, working with the department of social and health service as provided in RCW 70.47.010 (5)(d), transition enrollees currently eligible for federally financed categorically needy or medically needy programs administered under chapter 74.09 RCW to that coverage. The *administrator shall develop criteria for persons disenrolled under this subsection to reapply for the program. (7) To limit the payment of subsidies to subsidized enrollees, as defined in RCW 70.47.020 . The level of subsidy provided to persons who qualify may be based on the lowest cost plans, as defined by the *administrator. (8) To adopt a schedule for the orderly development of the delivery of services and availability of the plan to residents of the state, subject to the limitations contained in RCW 70.47.080 or any act appropriating funds for the plan. (9) To solicit and accept applications from managed health care systems, as defined in this chapter, for inclusion as eligible basic health care providers under the plan for subsidized enrollees, nonsubsidized enrollees, or health coverage tax credit eligible enrollees. The *administrator shall endeavor to assure that covered basic health care services are available to any enrollee of the plan from among a selection of two or more participating managed health care systems. In adopting any rules or procedures applicable to managed health care systems and in its dealings with such systems, the *administrator shall consider and make suitable allowance for the need for health care services and the differences in local availability of health care resources, along with other resources, within and among the several areas of the state. Contracts with participating managed health care systems shall ensure that basic health plan enrollees who become eligible for medical assistance may, at their option, continue to receive services from their existing providers within the managed health care system if such providers have entered into provider agreements with the department of social and health services. (10) To receive periodic premiums from or on behalf of subsidized, nonsubsidized, and health coverage tax credit eligible enrollees, deposit them in the basic health plan operating account, keep records of enrollee status, and authorize periodic payments to managed health care systems on the basis of the number of enrollees participating in the respective managed health care systems. (11) To accept applications from individuals residing in areas served by the plan, on behalf of themselves and their spouses and dependent children, for enrollment in the Washington basic health plan as subsidized, nonsubsidized, or health coverage tax credit eligible enrollees, to give priority to members of the Washington national guard and reserves who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation Noble Eagle, and their spouses and dependents, for enrollment in the Washington basic health plan, to establish appropriate minimum-enrollment periods for enrollees as may be necessary, and to determine, upon application and on a reasonable schedule defined by the authority, or at the request of any enrollee, eligibility due to current gross family income for sliding scale premiums. The application is also considered an application for medical assistance under chapter 74.09 RCW and must include a social security number, if available, for each family member requesting coverage. Funds received by a family as part of participation in the adoption support program authorized under RCW 26.33.320 and 74.13A.005 through 74.13A.080 shall not be counted toward a family's current gross family income for the purposes of this chapter. When an enrollee fails to report income or income changes accurately, the *administrator shall have the authority either to bill the enrollee for the amounts overpaid by the state or to impose civil penalties of up to two hundred percent of the amount of subsidy overpaid due to the enrollee incorrectly reporting income. The *administrator shall adopt rules to define the appropriate application of these sanctions and the processes to implement the sanctions provided in this subsection, within available resources. No subsidy may be paid with respect to any enrollee whose current gross family income exceeds twice the federal poverty level or, subject to RCW 70.47.110 , who is a recipient of medical assistance or medical care services under chapter 74.09 RCW. If a number of enrollees drop their enrollment for no apparent good cause, the *administrator may establish appropriate rules or requirements that are applicable to such individuals before they will be allowed to reenroll in the plan. (12) To accept applications from business owners on behalf of themselves and their employees, spouses, and dependent children, as subsidized or nonsubsidized enrollees, who reside in an area served by the plan. The *administrator may require all or the substantial majority of the eligible employees of such businesses to enroll in the plan and establish those procedures necessary to facilitate the orderly enrollment of groups in the plan and into a managed health care system. The *administrator may require that a business owner pay at least an amount equal to what the employee pays after the state pays its portion of the subsidized premium cost of the plan on behalf of each employee enrolled in the plan. Enrollment is limited to those not eligible for medicare who wish to enroll in the plan and choose to obtain the basic health care coverage and services from a managed care system participating in the plan. The *administrator shall adjust the amount determined to be due on behalf of or from all such enrollees whenever the amount negotiated by the *administrator with the participating managed health care system or systems is modified or the administrative cost of providing the plan to such enrollees changes. (13) To determine the rate to be paid to each participating managed health care system in return for the provision of covered basic health care services to enrollees in the system. Although the schedule of covered basic health care services will be the same or actuarially equivalent for similar enrollees, the rates negotiated with participating managed health care systems may vary among the systems. In negotiating rates with participating systems, the *administrator shall consider the characteristics of the populations served by the respective systems, economic circumstances of the local area, the need to conserve the resources of the basic health plan trust account, and other factors the *administrator finds relevant. (14) To monitor the provision of covered services to enrollees by participating managed health care systems in order to assure enrollee access to good quality basic health care, to require periodic data reports concerning the utilization of health care services rendered to enrollees in order to provide adequate information for evaluation, and to inspect the books and records of participating managed health care systems to assure compliance with the purposes of this chapter. In requiring reports from participating managed health care systems, including data on services rendered enrollees, the *administrator shall endeavor to minimize costs, both to the managed health care systems and to the plan. The *administrator shall coordinate any such reporting requirements with other state agencies, such as the insurance commissioner and the department of health, to minimize duplication of effort. (15) To evaluate the effects this chapter has on private employer-based health care coverage and to take appropriate measures consistent with state and federal statutes that will discourage the reduction of such coverage in the state. (16) To develop a program of proven preventive health measures and to integrate it into the plan wherever possible and consistent with this chapter. (17) To provide, consistent with available funding, assistance for rural residents, underserved populations, and persons of color. (18) In consultation with appropriate state and local government agencies, to establish criteria defining eligibility for persons confined or residing in government-operated institutions. (19) To administer the premium discounts provided under RCW 48.41.200 (3)(a) (i) and (ii) pursuant to a contract with the Washington state health insurance pool. (20) To give priority in enrollment to persons who disenrolled from the program in order to enroll in medicaid, and subsequently became ineligible for medicaid coverage.
RCW 70.157.005 — Washington Code / Title 70 / Chapter 157 / Section 005
RCW 70.157.005: Findings and purpose.
Status: in_force

(a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking. (b) Cigarette smoking also presents serious financial concerns for the State. Under certain health-care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance. (c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking. (d) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts. (e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking. (f) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.
RCW 70.290.040 — Washington Code / Title 70 / Chapter 290 / Section 040
RCW 70.290.040: Estimate of program cost for upcoming year—Assessment collection—Surplus assessments—Start-up funding.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2242-S.SL ) ***

(1) The secretary shall estimate the total nonfederal program cost for the upcoming calendar year by October 1, 2010, and October 1st of each year thereafter. Additionally, the secretary shall subtract any amounts needed to serve children enrolled in state purchased health care programs covering low-income children for whom federal vaccine funding is not available, and report the final amount to the association. In addition, the secretary shall perform such calculation for the period of May 1st through December 31st, 2010, as soon as feasible but in no event later than April 1, 2010. The estimates shall be timely communicated to the association. (2) The board of directors of the association shall determine the method and timing of assessment collection in consultation with the department of health. The board shall use a formula designed by the board to ensure the total anticipated nonfederal program cost, minus costs for other children served through state purchased health care programs covering low-income children, calculated under subsection (1) of this section, is collected and transmitted to the universal vaccine purchase account created in RCW 43.70.720 in order to ensure adequacy of state funds to order state-supplied vaccine from federal centers for disease control and prevention. (3) Each licensed health carrier and each third-party administrator on behalf of its clients' health benefit plans must be assessed and is required to timely remit payment for its share of the total amount needed to fund nonfederal program costs calculated by the department of health. Such an assessment includes additional funds as determined necessary by the board to cover the reasonable costs for the association's administration. The board shall determine the assessment methodology, with the intent of ensuring that the nonfederal costs are based on actual usage of vaccine for a health carrier or third-party administrator's covered lives. State and local governments and school districts must pay their portion of vaccine expense for covered lives under this chapter. (4) The board of the association shall develop a mechanism through which the number and cost of doses of vaccine purchased under this chapter that have been administered to children covered by each health carrier, and each third-party administrator's clients health benefit plans, are attributed to each such health carrier and third-party administrator. Except as otherwise permitted by the board, this mechanism must include at least the following: Date of service; patient name; vaccine received; and health benefit plan eligibility. The data must be collected and maintained in a manner consistent with applicable state and federal health information privacy laws. Beginning November 1, 2011, and each November 1st thereafter, the board shall factor the results of this mechanism for the previous year into the determination of the appropriate assessment amount for each health carrier and third-party administrator for the upcoming year. (5) For any year in which the total calculated cost to be received from association members through assessments is less than the total nonfederal program cost, the association must pay the difference to the state for deposit into the universal vaccine purchase account established in RCW 43.70.720 . The board may assess, and the health carrier and third-party administrators are obligated to pay, their proportionate share of such costs and appropriate reserves as determined by the board. (6) The aggregate amount to be raised by the association in any year may be reduced by any surpluses remaining from prior years. (7) In order to generate sufficient start-up funding, the association may accept prepayment from member health carriers and third-party administrators, subject to offset of future amounts otherwise owing or other repayment method as determined by the board. The initial deposit of start-up funding must be deposited into the universal vaccine purchase account on or before April 30, 2010.
RCW 70A.25.050 — Washington Code / Title 70A / Chapter 25 / Section 050
RCW 70A.25.050: Vehicle inspections—Complaints.
Status: in_force

The department shall investigate complaints received regarding the operation of emission testing stations and shall require corrections or modifications in those operations when deemed necessary. The department shall also review complaints received regarding the maintenance or repairs secured by owners of motor vehicles for the purpose of complying with the requirements of this chapter. When possible, the department shall assist such owners in determining the merits of the complaints. The department shall keep a copy of all complaints received, and on request, make copies available to the public. This is not intended to require disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW.
RCW 70A.555.040 — Washington Code / Title 70A / Chapter 555 / Section 040
RCW 70A.555.040: Stewardship plan components.
Status: in_force

(1) By July 1, 2026, or within six months of the adoption of rules under RCW 70A.555.100 , whichever comes later, each battery stewardship organization must submit a plan for covered portable batteries to the department for approval. Within 24 months of the date of the initial adoption of rules under this chapter by the department, each battery stewardship organization must submit a plan for covered medium format batteries to the department for approval. A battery stewardship organization may submit a plan at any time to the department for review and approval. The department must review and may approve a plan based on whether it contains and adequately addresses the following components: (a) Lists and provides contact information for each producer, battery brand, and battery-containing product brand covered in the plan; (b) Proposes performance goals, consistent with RCW 70A.555.050 , including establishing performance goals for each of the next three upcoming calendar years of program implementation; (c) Describes how the battery stewardship organization will make retailers aware of their obligation to sell only covered batteries and battery-containing products of producers participating in an approved plan; (d) Describes the education and communications strategy being implemented to effectively promote participation in the approved covered battery stewardship program and provide the information necessary for effective participation of consumers, retailers, and others; (e) Describes how the battery stewardship organization will make available to retailers, for voluntary use, in-store signage, written materials, and other promotional materials that retailers may use to inform customers of the available end-of-life management options for covered batteries collected by the battery stewardship organization; (f) Lists promotional activities to be undertaken, and the identification of consumer awareness goals and strategies that the program will employ to achieve these goals after the program begins to be implemented; (g) Includes collection site safety training procedures related to covered battery collection activities at collection sites, including appropriate protocols to reduce risks of spills or fires and response protocols in the event of a spill or fire, and a protocol for safe management of damaged batteries that are returned to collection sites; (h) Describes the method to establish and administer a means for fully funding the program in a manner that equitably distributes the program's costs among the producers that are part of the battery stewardship organization. For producers that elect to meet the requirements of this chapter individually, without joining a battery stewardship organization, the plan must describe the proposed method to establish and administer a means for fully funding the program; (i) Describes the financing methods used to implement the plan, consistent with RCW 70A.555.060 , including how producer fees and fee modulation will incorporate design for recycling and resource conservation as objectives, and a template reimbursement agreement, developed in consultation with local governments and other program stakeholders; (j) Describes how the program will collect all covered battery chemistries and brands on a free, continuous, convenient, visible, and accessible basis, and consistent with the requirements of RCW 70A.555.070 , including a description of how the statewide convenience standard will be met and a list of collection sites, including the address and latitude and longitude of collection sites; (k) Describes the criteria to be used in the program to determine whether an entity may serve as a collection site for discarded batteries under the program; (l) Establishes collection goals for each of the first three years of implementation of the battery stewardship plan that are based on the estimated total weight of primary and rechargeable covered batteries that have been sold in the state in the previous three calendar years by the producers participating in the battery stewardship plan; (m) Identifies proposed brokers, transporters, processors, and facilities to be used by the program for the final disposition of batteries and how collected batteries will be managed in: (i) An environmentally sound and socially just manner at facilities operating with human health and environmental protection standards that are broadly equivalent to or better than those required in the United States and other countries that are members of the battery stewardship organization for economic cooperation and development; and (ii) A manner consistent with the battery management hierarchy, including how each proposed facility used for the final disposition of batteries will recycle or otherwise manage batteries; (n) Details how the program will achieve a recycling efficiency rate, calculated consistent with RCW 70A.555.090 , of at least 60 percent for rechargeable batteries and at least 70 percent for primary batteries; (o) Proposes goals for increasing public awareness of the program, including subgoals applicable to public awareness of the program in vulnerable populations and overburdened communities identified by the department under chapter 70A.02 RCW, and describes how the public education and outreach components of the program under RCW 70A.555.080 will be implemented; and (p) Specifies procedures to be employed by a local government seeking to coordinate with a battery stewardship organization pursuant to RCW 70A.555.070 (4)(c). (2) If required by the department, a battery stewardship organization must submit a new plan to the department for approval: (a) If there are significant changes to the methods of collection, transport, or end-of-life management of covered batteries under RCW 70A.555.070 that are not provided for in the plan. The department may, by rule, identify the types of significant changes that require a new plan to be submitted to the department for approval. For purposes of this subsection, adding or removing a processor or transporter under the plan is not considered a significant change that requires a plan resubmittal; (b) To address the novel inclusion of medium format batteries or large format batteries as covered batteries under the plan; and (c) No less than every five years. (3) If required by the department, a battery stewardship organization must provide plan amendments to the department for approval: (a) When proposing changes to the performance goals under RCW 70A.555.050 based on the up-to-date experience of the program; (b) When there is a change to the method of financing plan implementation under RCW 70A.555.060 . This does not include changes to the fees or fee structure established in the plan; or (c) When adding or removing a processor or transporter, as part of a quarterly update submitted to the department. (4) As part of a quarterly update, a battery stewardship organization must notify the department after a producer begins or ceases to participate in a battery stewardship organization. The quarterly update submitted to the department must also include a current list of the producers and brands participating in the plan. (5) No earlier than five years after the initial approval of a plan, the department may require a battery stewardship organization to submit a revised plan, which may include improvements to the collection site network or increased expenditures dedicated to education and outreach if the approved plan has not met the performance goals under RCW 70A.555.050 .
RCW 70.01.050 — Washington Code / Title 70 / Chapter 01 / Section 050
RCW 70.01.050: Breast cancer—Breast reconstruction and prostheses—Education campaign.
Status: in_force

(1) The health care authority, in coordination with the department of health, must create and implement a campaign to educate breast cancer patients about the availability of insurance coverage for breast reconstruction and breast prostheses. (2) The health care authority and department of health may create new educational materials or make available materials published by for-profit or nonprofit organizations. The materials must provide, at a minimum, all of the following: (a) Information about the availability of breast reconstruction surgery following a mastectomy including that the breast reconstruction surgery may be performed at the time of a mastectomy or the breast reconstruction surgery may be delayed until a time after the mastectomy. (b) Information about prostheses or breast forms as alternatives to breast reconstruction surgery. (c) Information about the requirements of the women's health and cancer rights act of 1998 (P.L. 105-277) including the right to breast reconstruction surgery even if the surgery is delayed. (3) The educational materials developed or made available under subsection (2) of this section must be distributed by the office of the insurance commissioner and the health care authority to people receiving their services. Distribution may be accomplished through current methods used to inform consumers including posting information online and other methods developed or used by the office of the insurance commissioner and the health care authority. (4) The department of health must also make the educational materials developed or made available under subsection (2) of this section available to health care professionals for distribution to patients who may qualify for breast reconstruction surgery following a mastectomy. This may be accomplished through current methods used by the department to provide health care professionals with informational materials, including making them available online. (5) This section does not create a private right of action.
RCW 70A.10.090 — Washington Code / Title 70A / Chapter 10 / Section 090
RCW 70A.10.090: Permits—Requirements—Hearing as to issuance.
Status: in_force

The department shall issue permits in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this chapter only: (1) If the applicant is licensed pursuant to this chapter; (2) If a sufficient notice of intention is published and proof of publication is filed as required by RCW 70A.10.120 ; (3) If the applicant furnishes proof of financial responsibility, as provided in RCW 70A.10.130 , in an amount to be determined by the department but not to exceed twenty thousand dollars; (4) If the fee for a permit is paid as required by RCW 70A.10.140 ; (5) If the weather modification and control activities to be conducted under authority of the permit are determined by the department to be for the general welfare and public good; (6) If the department has held an open public hearing in Olympia as to such issuance.
RCW 70A.15.4090 — Washington Code / Title 70A / Chapter 15 / Section 4090
RCW 70A.15.4090: Transportation demand management—Intent—State leadership.
Status: in_force

The legislature hereby recognizes the state's crucial leadership role in establishing and implementing effective commute trip reduction programs. Therefore, it is the policy of the state that the department of transportation and other state agencies, including institutions of higher education, shall aggressively develop substantive programs to reduce commute trips by state employees. Implementation of these programs will reduce energy consumption, congestion in urban areas, and air and water pollution associated with automobile travel.
RCW 70.114A.040 — Washington Code / Title 70 / Chapter 114A / Section 040
RCW 70.114A.040: Responsibilities of department.
Status: in_force

The department is designated the single state agency responsible for encouraging the development of additional temporary worker housing, and shall be responsible for coordinating the activities of the various state and local agencies to assure a seamless, nonduplicative system for the development and operation of temporary worker housing.
RCW 70.08.090 — Washington Code / Title 70 / Chapter 08 / Section 090
RCW 70.08.090: Other cities or agencies may contract for services.
Status: in_force

Any other city in said county, other governmental agency or any charitable or health agency may by contract or by agreement with the governing bodies of the combined health department receive public health services.
RCW 70.44.028 — Washington Code / Title 70 / Chapter 44 / Section 028
RCW 70.44.028: Limitation on legal challenges.
Status: in_force

Unless commenced within thirty days after the date of the filing of the certificate of the canvass of an election on the proposition of creating a new public hospital district pursuant to chapter 70.44 RCW, no lawsuit whatever may be maintained challenging in any way the legal existence of such district or the validity of the proceedings had for the organization and creation thereof. If the creation of a district is not challenged within the period specified in this section, the district conclusively shall be deemed duly and regularly organized under the laws of this state.
RCW 70A.60.060 — Washington Code / Title 70A / Chapter 60 / Section 060
RCW 70A.60.060: Prohibited products and equipment—Department's rule-making authority—Disclosure of substitutes used in products or equipment.
Status: in_force

(1) A person may not offer any product or equipment for sale, lease, or rent, or install or otherwise cause any equipment or product to enter into commerce in Washington if that equipment or product consists of, uses, or will use a substitute, as set forth in appendix U and V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, for the applications or end uses restricted by appendix U or V of the federal regulation, as those read on January 3, 2017, consistent with the deadlines established in subsection (2) of this section. Except where existing equipment is retrofit, nothing in this subsection requires a person that acquired a restricted product or equipment prior to the effective date of the restrictions in subsection (2) of this section to cease use of that product or equipment. Products or equipment manufactured prior to the applicable effective date of the restrictions specified in subsection (2) of this section may be sold, imported, exported, distributed, installed, and used after the specified effective date. (2) The restrictions under subsection (1) of this section for the following products and equipment identified in appendix U and V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, take effect beginning: (a) January 1, 2020, for: (i) Propellants; (ii) Rigid polyurethane applications and spray foam, flexible polyurethane, integral skin polyurethane, flexible polyurethane foam, polystyrene extruded sheet, polyolefin, phenolic insulation board, and bunstock; (iii) Supermarket systems, remote condensing units, and stand-alone units; (b) January 1, 2021, for: (i) Refrigerated food processing and dispensing equipment; (ii) Compact residential consumer refrigeration products; (iii) Polystyrene extruded boardstock and billet, and rigid polyurethane low-pressure two component spray foam; (c) January 1, 2022, for: (i) Residential consumer refrigeration products other than compact and built-in residential consumer refrigeration products; and (ii) Vending machines; (d) January 1, 2023, for cold storage warehouses; (e) January 1, 2023, for built-in residential consumer refrigeration products; (f) January 1, 2024, for centrifugal chillers and positive displacement chillers; and (g) On either January 1, 2020, or the effective date of the restrictions identified in appendix U and V, Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017, whichever comes later, for all other applications and end uses for substitutes not covered by the categories listed in (a) through (f) of this subsection. (3) The department may by rule: (a) Modify the effective date of a prohibition established in subsection (2) of this section if the department determines that the rule reduces the overall risk to human health or the environment and reflects the earliest date that a substitute is currently or potentially available; (b) Prohibit the use of a substitute if the department determines that the prohibition reduces the overall risk to human health or the environment and that a lower risk substitute is currently or potentially available; (c)(i) Adopt a list of approved substitutes, use conditions, or use limits, if any; and (ii) Add or remove substitutes, use conditions, or use limits to or from the list of approved substitutes if the department determines those substitutes reduce the overall risk to human health and the environment; and (d) Designate acceptable uses of hydrofluorocarbons for medical uses that are exempt from the requirements of subsection (2) of this section. (4) The department shall adopt rules requiring that manufacturers disclose the substitutes used in their products or equipment or to disclose the compliance status of their products or equipment. That disclosure must take the form of: (a) A label on the equipment or product. The label must meet requirements designated by the department by rule. To the extent feasible, the department must recognize existing labeling that provides sufficient disclosure of the use of substitutes in the product or equipment or of the compliance status of the products or equipment. (i) The department must consider labels required by state building codes and other safety standards in its rule making; and (ii) The department may not require labeling of aircraft and aircraft components subject to certification requirements of the federal aviation administration. (b) Submitting information about the use of substitutes to the department, upon request. (i) By December 31, 2019, all manufacturers must notify the department of the status of each product class utilizing hydrofluorocarbons or other substitutes restricted under subsection (1) of this section that the manufacturer sells, offers for sale, leases, installs, or rents in Washington state. This status notification must identify the substitutes used by products or equipment in each product or equipment class in a manner determined by rule by the department. (ii) Within one hundred twenty days after the date of a restriction put in place under this section, any manufacturer affected by the restriction must provide an updated status notification. This notification must indicate whether the manufacturer has ceased the use of hydrofluorocarbons or substitutes restricted under this section within each product class and, if not, what hydrofluorocarbons or other restricted substitutes remain in use. (iii) After the effective date of a restriction put in place under this section, any manufacturer must provide an updated status notification when the manufacturer introduces a new or modified product or piece of equipment that uses hydrofluorocarbons or changes the type of hydrofluorocarbons utilized within a product class affected by a restriction. Such a notification must occur within one hundred twenty days of the introduction into commerce in Washington of the product or equipment triggering this notification requirement. (c) Alternative disclosure requirements to (a) of this subsection, if the department determines that the inclusion of a label denoting substitutes used or compliance status is not feasible for a particular product or equipment. (5) The department may adopt rules to administer, implement, and enforce this section. If the department elects to adopt rules, the department must seek, where feasible and appropriate, to adopt rules, including rules under subsection (4) of this section, that are the same or consistent with the regulatory standards, exemptions, reporting obligations, disclosure requirements, and other compliance requirements of other states or the federal government that have adopted restrictions on the use of hydrofluorocarbons and other substitutes. Prior to the adoption or update of a rule under this section, the department must identify the sources of information it relied upon, including peer-reviewed science. (6) For the purposes of implementing the restrictions specified in appendix U of Subpart G of 40 C.F.R. Part 82, as it read on January 3, 2017, consistent with this section, the department must interpret the term "aircraft maintenance" to mean activities to support the production, fabrication, manufacture, rework, inspection, maintenance, overhaul, or repair of commercial, civil, or military aircraft, aircraft parts, aerospace vehicles, or aerospace components. (7) Except where existing equipment is retrofit, the restrictions of this section do not apply to or limit any use of commercial refrigeration equipment that was installed or in use prior to the effective date of the restrictions established in this section.
RCW 70.77.365 — Washington Code / Title 70 / Chapter 77 / Section 365
RCW 70.77.365: Denial of license for failure to meet qualifications or conditions.
Status: in_force

A written report by the chief of the Washington state patrol, through the director of fire protection, or a local fire official, or any of their authorized representatives, disclosing that the applicant for a license, or the premises for which a license is to apply, do not meet the qualifications or conditions for a license constitutes grounds for the denial by the chief of the Washington state patrol, through the director of fire protection, of any application for a license.
RCW 70A.15.5100 — Washington Code / Title 70A / Chapter 15 / Section 5100
RCW 70A.15.5100: Delegation of permit issuance and enforcement to political subdivisions.
Status: in_force

Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW 70A.15.5090 , 70A.15.5180 , and 70A.15.5210 and desirous of doing so, the authority or the department of ecology, as appropriate, may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or conservation district. Such delegation may be withdrawn by the authority or the department of ecology upon finding that the fire protection agency, county, or conservation district is not effectively administering the permit program.
RCW 70A.535.190 — Washington Code / Title 70A / Chapter 535 / Section 190
RCW 70A.535.190: Department duty to publish—Analysis—Forecasts.
Status: in_force

(1) The department shall publish on its website analysis and forecasts of the credit markets created by this chapter, including: (a) The prices of credits in Washington and the price of credits as compared to other jurisdictions implementing similar clean fuels policies; (b) Trends in credit supply and demand; (c) Activities in the credit markets, including volume of credits transferred and price per credit, categorized by fuel type; (d) The share of deficits generated by fuel type, and the share of credits generated by fuel type; and (e) Trends in in-state biofuel feedstock production types and volumes. (2) The department must consider the analysis in subsection (1) of this section in adopting rules to implement the requirements of this chapter.
RCW 70A.15.2020 — Washington Code / Title 70A / Chapter 15 / Section 2020
RCW 70A.15.2020: City selection committees—Meetings, notice, recording officer—Alternative mail balloting—Notice.
Status: in_force

(1) The city selection committee of each county which is included within an authority shall meet within one month after the activation of such authority for the purpose of making its initial appointments to the board of such authority and thereafter whenever necessary for the purpose of making succeeding appointments. All meetings shall be held upon at least two weeks written notice to each member of the city selection committee of each county and he or she shall give such notice upon request of any member of such committee. A similar notice shall be given to the general public by a publication of such notice in a newspaper of general circulation in such authority. The authority shall act as recording officer, maintain its records, and give appropriate notice of its proceedings and actions. (2) As an alternative to meeting in accordance with subsection (1) of this section, the authority may administer the appointment process through the mail. (a) At least four months prior to the expiration of the term of office, the authority must mail a request to each of the members of the city selection committee seeking nominations to the office. The members of the selection committee shall return the nomination to the authority at its official address within fourteen days. (b) If an unexpected vacancy occurs, the authority must, within thirty days after becoming aware of the vacancy, mail a request to each of the members of the city selection committee seeking nominations to the office. The members of the city selection committee shall return the nomination to the authority at its official address within fourteen days after the request was made. (c) Within five business days of the close of the nomination period, the authority will mail ballots by certified mail to each of the members of the city selection committee, specifying the date by which to return the completed ballot which is the last day of the third month prior to the expiration of the term of office. Each mayor who chooses to participate in the balloting shall mark the choice for appointment, sign the ballot, and return the ballot to the authority. Each completed ballot shall be date-stamped upon receipt by the mayor or staff of the mayor of the city or town. The timely return of completed ballots by a majority of the members of each city selection committee constitutes a quorum and the common choice by a majority of the quorum constitutes a valid appointment. (3) At least two weeks' written notice must be given by the authority to each member of the city selection committee prior to the nomination process. A similar notice shall be given to the general public by publication in a newspaper of general circulation in the authority. A single notice is sufficient for both the nomination process and the balloting process.
RCW 70.75.020 — Washington Code / Title 70 / Chapter 75 / Section 020
RCW 70.75.020: Duties of chief of the Washington state patrol.
Status: in_force

The standardization of existing fire protection equipment in this state shall be arranged for and carried out by or under the direction of the chief of the Washington state patrol, through the director of fire protection. He or she shall provide the appliances necessary for carrying on this work, shall proceed with such standardization as rapidly as possible, and shall require the completion of such work within a period of five years from June 8, 1967: PROVIDED, That the chief of the Washington state patrol, through the director of fire protection, may exempt special purpose fire equipment and existing fire protection equipment from standardization when it is established that such equipment is not essential to the coordination of public fire protection operations.
RCW 70A.100.080 — Washington Code / Title 70A / Chapter 100 / Section 080
RCW 70A.100.080: Performance standards relating to fire protection.
Status: in_force

The secretary shall adopt performance standards relating to fire protection to be incorporated into the design and construction of public water systems. The standards shall be consistent with recognized national standards. The secretary shall adopt regulations pertaining to the application and enforcement of the standards: PROVIDED, That the regulations shall require the application of the standards for new and expanding systems only. The standards shall apply in critical water supply service areas unless the approved coordinated plan provides for nonfire flow systems.
RCW 70.136.040 — Washington Code / Title 70 / Chapter 136 / Section 040
RCW 70.136.040: Incident command agencies—Emergency assistance agreements.
Status: in_force

Hazardous materials incident command agencies, so designated by all applicable political subdivisions of the state, are authorized and encouraged, prior to a hazardous materials incident, to enter individually or jointly into written hazardous materials emergency assistance agreements with any person whose knowledge or expertise is deemed potentially useful.
RCW 70A.330.100 — Washington Code / Title 70A / Chapter 330 / Section 100
RCW 70A.330.100: Heating oil tanks—Design criteria—Reimbursement.
Status: in_force

(1) The pollution liability insurance agency shall identify design criteria for heating oil tanks that provide superior protection against future leaks as compared to standard steel tank designs. Any tank designs identified under this section must either be constructed with fiberglass or offer at least an equivalent level of protection against leaks as a standard fiberglass design. (2) The pollution liability insurance agency shall reimburse any owner or operator, who is participating in the program created in this chapter and who has experienced an occurrence or remedial action, for the difference in price between a standard steel heating tank and a new heating oil tank that satisfies the design standards identified under subsection (1) of this section, if the owner or operator chooses or is required to replace his or her tank at the time of the occurrence or remedial action. (3) Any new heating oil tank reimbursement provided under this section must be funded within the amount of per occurrence coverage provided to the owner or operator under RCW 70A.330.040 .
RCW 70.128.290 — Washington Code / Title 70 / Chapter 128 / Section 290
RCW 70.128.290: Correction of a violation or deficiency—Not included in a home's report—Criteria.
Status: in_force

(1) If during an inspection, reinspection, or complaint investigation by the department, an adult family home corrects a violation or deficiency that the department discovers, the department shall record and consider such violation or deficiency for purposes of the home's compliance history; however, the licensor or complaint investigator may not include in the home's report the violation or deficiency if the violation or deficiency: (a) Is corrected to the satisfaction of the department prior to the exit conference; (b) Is not recurring; and (c) Did not pose a significant risk of harm or actual harm to a resident. (2) For the purposes of this section, "recurring" means that the violation or deficiency was found under the same regulation or statute in one of the two most recent preceding inspections, reinspections, or complaint investigations.
RCW 70A.205.455 — Washington Code / Title 70A / Chapter 205 / Section 455
RCW 70A.205.455: Waste tires—Contracts with unlicensed persons prohibited.
Status: in_force

No business may enter into a contract for: (1) Transportation of waste tires with an unlicensed waste tire transporter; or (2) Waste tire storage with an unlicensed owner or operator of a waste tire storage site.
RCW 70A.02.110 — Washington Code / Title 70A / Chapter 02 / Section 110
RCW 70A.02.110: Environmental justice council.
Status: in_force

(1) The environmental justice council is established to advise covered agencies on incorporating environmental justice into agency activities. (2) The council consists of 14 members, except as provided in RCW 70A.65.040 (3), appointed by the governor. The councilmembers must be persons who are well-informed regarding and committed to the principles of environmental justice and who, to the greatest extent practicable, represent diversity in race, ethnicity, age, and gender, urban and rural areas, and different regions of the state. The members of the council shall elect two members to serve as cochairs for two-year terms. The council must include: (a) Seven community representatives, including one youth representative, the nominations of which are based upon applied and demonstrated work and focus on environmental justice or a related field, such as racial or economic justice, and accountability to vulnerable populations and overburdened communities; (i) The youth representative must be between the ages of 18 and 25 at the time of appointment; (ii) The youth representative serves a two-year term. All other community representatives serve four-year terms, with six representatives initially being appointed to four-year terms and five being initially appointed to two-year terms, after which they will be appointed to four-year terms; (b) Two members representing tribal communities, one from eastern Washington and one from western Washington, appointed by the governor, plus two tribal members as specified in RCW 70A.65.040 . The governor shall solicit and consider nominees from each of the federally recognized tribes in Washington state. The governor shall collaborate with federally recognized tribes on the selection of tribal representatives. The tribal representatives serve four-year terms. One representative must be initially appointed for a four-year term. The other representative must be initially appointed for a two-year term, after which, that representative must be appointed for a four-year term; (c) Two representatives who are environmental justice practitioners or academics to serve as environmental justice experts, the nominations of which are based upon applied and demonstrated work and focus on environmental justice; (d)(i) One representative of a business that is regulated by a covered agency and whose ordinary business conditions are significantly affected by the actions of at least one other covered agency; and (ii) One representative who is a member or officer of a union representing workers in the building and construction trades; and (e) One representative at large, the nomination of which is based upon applied and demonstrated work and focus on environmental justice. (3) Covered agencies shall serve as nonvoting, ex officio liaisons to the council. Each covered agency must identify an executive team level staff person to participate on behalf of the agency. (4) Nongovernmental members of the council must be compensated and reimbursed in accordance with RCW 43.03.050 , 43.03.060 , and 43.03.220 . (5) The department of health must: (a) Hire a manager who is responsible for overseeing all staffing and administrative duties in support of the council; and (b) Provide all administrative and staff support for the council. (6) In collaboration with the office of equity, the office of financial management, the council, and covered agencies, the department of health must: (a) Establish standards for the collection, analysis, and reporting of disaggregated data as it pertains to tracking population level outcomes of communities; (b) Create statewide and agency-specific process and outcome measures to show performance: (i) Using outcome-based methodology to determine the effectiveness of agency programs and services on reducing environmental disparities; and (ii) Taking into consideration community feedback from the council on whether the performance measures established accurately measure the effectiveness of covered agency programs and services in the communities served; and (c) Create an online performance dashboard to publish performance measures and outcomes as referenced in RCW 70A.02.090 for the state and each covered agency. (7) The department of health must coordinate with Washington technology solutions to address cybersecurity and data protection for all data collected by the department. (8)(a) With input and assistance from the council, the department of health must establish an interagency work group to assist covered agencies in incorporating environmental justice into agency decision making. The work group must include staff from each covered agency directed to implement environmental justice provisions under this chapter and may include members from the council. The department of health shall provide assistance to the interagency work group by: (i) Facilitating information sharing among covered agencies on environmental justice issues and between agencies and the council; (ii) Developing and providing assessment tools for covered agencies to use in the development and evaluation of agency programs, services, policies, and budgets; (iii) Providing technical assistance and compiling and creating resources for covered agencies to use; and (iv) Training covered agency staff on effectively using data and tools for environmental justice assessments. (b) The duties of the interagency work group include: (i) Providing technical assistance to support agency compliance with the implementation of environmental justice into their strategic plans, environmental justice obligations for budgeting and funding criteria and decisions, environmental justice assessments, and community engagement plans; (ii) Assisting the council in developing a suggested schedule and timeline for sequencing the types of: (A) Funding and expenditure decisions subject to rules; and (B) criteria incorporating environmental justice principles; (iii) Identifying other policies, priorities, and projects for the council's review and guidance development; (iv) Identifying goals and metrics that the council may use to assess agency performance in meeting the requirements of chapter 314, Laws of 2021 for purposes of communicating progress to the public, the governor, and the legislature; and (v) Developing the guidance under subsection (9)(c) of this section in coordination with the council. (9) The council has the following powers and duties: (a) To provide a forum for the public to: (i) Provide written or oral testimony on their environmental justice concerns; (ii) Assist the council in understanding environmental justice priorities across the state in order to develop council recommendations to agencies for issues to prioritize; and (iii) Identify which agencies to contact with their specific environmental justice concerns and questions; (b)(i) The council shall work in an iterative fashion with the interagency work group to develop guidance for environmental justice implementation into covered agency strategic plans pursuant to RCW 70A.02.040 , environmental justice assessments pursuant to RCW 70A.02.060 , budgeting and funding criteria for making budgeting and funding decisions pursuant to RCW 70A.02.080 , and community engagement plans pursuant to RCW 70A.02.050 ; (ii) The council and interagency work group shall regularly update its guidance; (c) In consultation with the interagency work group, the council: (i) Shall provide guidance to covered agencies on developing environmental justice assessments pursuant to RCW 70A.02.060 for significant agency actions; (ii) Shall make recommendations to covered agencies on which agency actions may cause environmental harm or may affect the equitable distribution of environmental benefits to an overburdened community or a vulnerable population and therefore should be considered significant agency actions that require an environmental justice assessment under RCW 70A.02.060 ; (iii) Shall make recommendations to covered agencies: (A) On the identification and prioritization of overburdened communities under this chapter; and (B) Related to the use by covered agencies of the environmental and health disparities map in agency efforts to identify and prioritize overburdened communities; (iv) May make recommendations to a covered agency on the timing and sequencing of a covered agencies' efforts to implement RCW 70A.02.040 through 70A.02.080 ; and (v) May make recommendations to the governor and the legislature regarding ways to improve agency compliance with the requirements of this chapter; (d) By December 1, 2023, and biennially thereafter, and with consideration of the information shared on September 1st each year in covered agencies' annual updates to the council required under RCW 70A.02.090 , the council must: (i) Evaluate the progress of each agency in applying council guidance, and update guidance as needed; and (ii) Communicate each covered agency's progress to the public, the governor, and the legislature. This communication is not required to be a report and may take the form of a presentation or other format that communicates the progress of the state and its agencies in meeting the state's environmental justice goals in compliance with chapter 314, Laws of 2021, and summarizing the work of the council pursuant to (a) through (d) of this subsection, and subsection (11) of this section; and (e) To fulfill the responsibilities established for the council in RCW 70A.65.040 . (10) By November 30, 2023, and in compliance with RCW 43.01.036 , the council must submit a report to the governor and the appropriate committees of the house of representatives and the senate on: (a) The council's recommendations to covered agencies on the identification of significant agency actions requiring an environmental justice assessment under subsection (9)(c)(ii) of this section; (b) The summary of covered agency progress reports provided to the council under RCW 70A.02.090 (1), including the status of agency plans for performing environmental justice assessments required by RCW 70A.02.060 ; and (c) Guidance for environmental justice implementation into covered agency strategic plans, environmental justice assessments, budgeting and funding criteria, and community engagement plans under subsection (9)(c)(i) of this section. (11) The council may: (a) Review incorporation of environmental justice implementation plans into covered agency strategic plans pursuant to RCW 70A.02.040 , environmental justice assessments pursuant to RCW 70A.02.060 , budgeting and funding criteria for making budgeting and funding decisions pursuant to RCW 70A.02.080 , and community engagement plans pursuant to RCW 70A.02.050 ; (b) Make recommendations for amendments to this chapter or other legislation to promote and achieve the environmental justice goals of the state; (c) Review existing laws and make recommendations for amendments that will further environmental justice; (d) Recommend to specific agencies that they create environmental justice-focused, agency-requested legislation; (e) Provide requested assistance to state agencies other than covered agencies that wish to incorporate environmental justice principles into agency activities; and (f) Recommend funding strategies and allocations to build capacity in vulnerable populations and overburdened communities to address environmental justice. (12) The role of the council is purely advisory and council decisions are not binding on an agency, individual, or organization. (13) The department of health must convene the first meeting of the council by January 1, 2022. (14) All council meetings are subject to the open public meetings requirements of chapter 42.30 RCW and a public comment period must be provided at every meeting of the council.
RCW 70A.420.090 — Washington Code / Title 70A / Chapter 420 / Section 090
RCW 70A.420.090: Chapter contingent on federal action.
Status: in_force

(1) The United States environmental protection agency authorized the department of commerce to administer programs under 40 C.F.R. 745, subpart Q as codified under chapter 322, Laws of 2003 (lead-based paint) and chapter 158, Laws of 2010 (state lead-based paint program – renovation activities). (2) The department's duties under chapter 322, Laws of 2003, and chapter 158, Laws of 2010, as amended, are subject to the availability of sufficient funding for this purpose. The director or his or her designee shall seek funding of the department's efforts under this chapter from the federal government. By October 15th of each year, the director shall determine if sufficient funding has been provided. If the director determines sufficient funding has not been provided and the department cannot sustain the program with program funds, the department may: (a) Cease efforts under this chapter due to insufficient funds; and (b) Inform the code reviser that it has ceased its efforts due to insufficient funds.
RCW 70.44.067 — Washington Code / Title 70 / Chapter 44 / Section 067
RCW 70.44.067: Community revitalization financing—Public improvements.
Status: in_force

In addition to other authority that a public hospital district possesses, a public hospital district may provide any public improvement as defined under RCW 39.89.020 , but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050 . This section does not limit the authority of a public hospital district to otherwise participate in the public improvements if that authority exists elsewhere.
RCW 70.26.040 — Washington Code / Title 70 / Chapter 26 / Section 040
RCW 70.26.040: Local preparedness and response plans—Consultation with public, private sector—Department to provide technical assistance and disburse funds.
Status: in_force

(1) Each local health jurisdiction shall develop its pandemic flu preparedness and response plan based on the requirements and performance standards established under RCW 70.26.030 (1) and an assessment of the jurisdiction's current capacity to respond to pandemic flu. The plan shall be developed in consultation with appropriate public and private sector partners, including departments of emergency management, law enforcement, school districts, hospitals and medical professionals, tribal governments, and business organizations. At a minimum, each plan shall address: (a) Strategies to educate the public about the consequences of influenza pandemic and what each person can do to prepare, including the adoption of universal infectious disease prevention practices and maintaining appropriate emergency supplies; (b) Jurisdiction-wide disease surveillance programs, coordinated with state and federal efforts, to detect pandemic influenza strains in humans and animals, including health care provider compliance with reportable conditions requirements, and investigation and analysis of reported illness or outbreaks; (c) Communication systems, including the availability of and access to specialized communications equipment by health officials and community leaders, and the use of mass media outlets; (d) Mass vaccination plans and protocols to rapidly administer vaccine and monitor vaccine effectiveness and safety; (e) Guidelines for the utilization of antiviral medications for the treatment and prevention of influenza; (f) Implementation of nonmedical measures to decrease the spread of the disease as guided by the epidemiology of the pandemic, including increasing adherence to public health advisories, voluntary social isolation during outbreaks, and health officer orders related to quarantines; (g) Medical system mobilization, including improving the linkages and coordination of emergency responses across health care organizations, and assuring the availability of adequate facilities and trained personnel; (h) Strategies for maintaining social order and essential community services while limiting the spread of disease throughout the duration of the pandemic; and (i) The jurisdiction's relative priorities related to implementation of the above activities, based on available funding. (2) To the extent state or federal funds are provided for this purpose, the department, in consultation with the state director of emergency management, shall provide technical assistance and disburse funds as needed, based on the formula developed under RCW 70.26.060 , to support local health jurisdictions in developing their pandemic flu preparedness and response plans.
RCW 70A.500.200 — Washington Code / Title 70A / Chapter 500 / Section 200
RCW 70A.500.200: Equivalent share calculation—Notice to manufacturers—Billing parties that do not meet their plan's equivalent share—Payments to parties that exceed their plan's equivalent share—Nonprofit charitable organizations.
Status: in_force

(1) For program years 2009 through 2015, the department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the return share percentage for each manufacturer by one hundred, then multiplying the quotient by the total weight in pounds of covered electronic products collected for that program year, allowing as needed for the additional credit authorized in subsection (3) of this section. For program year 2016 and all subsequent program years, the department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the market share percentage for each manufacturer by one hundred, then multiplying the quotient by the total weight in pounds of covered electronic products collected for that program year, allowing as needed for the additional credit authorized in subsection (3) of this section. (2)(a) By June 1st of each program year, the department shall notify each manufacturer of the manufacturer's equivalent share of covered electronic products to be applied to the previous program year. The department shall also notify each manufacturer of how its equivalent share was determined. (b) By June 1st of each program year, the department shall bill any authorized party or authority that has not attained its plan's equivalent share as determined under RCW 70A.500.220 . The authorized party or authority shall remit payment to the department within sixty days from the billing date. (c) By September 1st of each program year, the department shall pay any authorized party or authority that exceeded its plan's equivalent share. (3) Plans that utilize the collection services of nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale must be given an additional five percent credit to be applied toward a plan's equivalent share for pounds that are received for recycling from those organizations. The department may adjust the percentage of credit annually.
RCW 70A.345.030 — Washington Code / Title 70A / Chapter 345 / Section 030
RCW 70A.345.030: Program established—Purpose—Maximum amount of loans and grants.
Status: in_force

(1) The agency shall establish an underground storage tank revolving loan and grant program to provide loans or grants to owners or operators to: (a) Conduct remedial actions in accordance with chapter 70A.305 RCW, including investigations and cleanups of any release or threatened release of a hazardous substance at or affecting an underground storage tank facility, provided that at least one of the releases or threatened releases involves petroleum; (b) Upgrade, replace, or permanently close a petroleum underground storage tank system in accordance with chapter 70A.355 RCW or subtitle I of the solid waste disposal act (42 U.S.C., chapter 82, subchapter IX), as applicable; (c) Install new infrastructure or retrofit existing infrastructure at an underground storage tank facility for dispensing or using renewable or alternative energy for motor vehicles, including electric vehicle charging stations, when conducted in conjunction with either (a) or (b) of this subsection; (d) Install and subsequently remove a temporary petroleum aboveground storage tank system in compliance with applicable laws, when conducted in conjunction with either (a) or (b) of this subsection; (e) Conduct remedial actions in accordance with chapter 70A.305 RCW, including investigation and cleanup of any release or threatened releases of petroleum from a heating oil tank; or (f) Prevent future releases by upgrading, replacing, decommissioning, or removing a heating oil tank. (2) The maximum amount that may be loaned or granted under this program to an owner or operator for a single underground storage tank facility is two million dollars and for a single heating oil tank seventy-five thousand dollars.
RCW 70A.300.400 — Washington Code / Title 70A / Chapter 300 / Section 400
RCW 70A.300.400: State preemption—Department sole authority—Local requirements superseded—State authority over designated zone facilities.
Status: in_force

(1) As of July 28, 1985, the state preempts the field of state, regional, or local permitting and regulating of all preempted facilities as defined in this chapter. The department of ecology is designated the sole decision-making authority with respect to permitting and regulating such facilities and no other state agency, department, division, bureau, commission, or board, or any local or regional political subdivision of the state, shall have any permitting or regulatory authority with respect to such facilities including, but not limited to, the location, construction, and operation of such facilities. Permits issued by the department shall be in lieu of any and all permits, approvals, certifications, or conditions of any other state, regional, or local governmental authority which would otherwise apply. (2) The department shall ensure that any permits issued under this chapter invoking the preemption authority of this section meet the substantive requirements of existing state laws and regulations to the extent such laws and regulations are not inconsistent or in conflict with any of the provisions of this chapter. In the event that any of the provisions of this chapter, or any of the regulations promulgated hereunder, are in conflict with any other state law or regulations, such other law or regulations shall be deemed superseded for purposes of this chapter. (3) As of July 28, 1985, any ordinances, regulations, requirements, or restrictions of regional or local governmental authorities regarding the location, construction, or operation of preempted facilities shall be deemed superseded. However, in issuing permits under this section, the department shall consider local fire and building codes and condition such permits as appropriate in compliance therewith. (4) Effective July 1, 1988, the department shall have the same preemptive authority as defined in subsections (1) through (3) of this section in regard to any designated zone facility that may be proposed in any jurisdiction where the designation of eligible zones pursuant to RCW 70A.300.370 has not been completed and approved by the department. Unless otherwise preempted by this subsection, designated zone facilities shall be subject to all applicable state and local laws, regulations, plans, and other requirements.
RCW 70A.55.040 — Washington Code / Title 70A / Chapter 55 / Section 040
RCW 70A.55.040: Diesel idle reduction account.
Status: in_force

The diesel idle reduction account is created in the state treasury. All receipts from remittances made by loan recipients pursuant to RCW 70A.55.030 and any moneys appropriated to the account by law must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter, including the costs of program administration.
RCW 70A.105.110 — Washington Code / Title 70A / Chapter 105 / Section 110
RCW 70A.105.110: Inspectors—Certificate of competency.
Status: in_force

*** CHANGE IN 2026 *** (SEE 6291.SL ) ***

(1) The local board of health shall ensure that individuals who conduct inspections of on-site wastewater treatment systems or who otherwise conduct reviews of such systems are qualified in the technology and application of on-site sewage treatment principles. A certificate of competency issued by the state board of registration for professional engineers and land surveyors is adequate demonstration that an individual is competent in the engineering aspects of on-site wastewater treatment system technology. (2) A local board of health may allow noncertified individuals to review designs of, and conduct inspections of, on-site wastewater treatment systems for a maximum of two years after the date of hire, if a certified individual reviews or supervises the work during that time.
RCW 70A.455.050 — Washington Code / Title 70A / Chapter 455 / Section 050
RCW 70A.455.050: Film bags—Identification.
Status: in_force

(1) A producer of a film bag that meets ASTM standard specification D6400 and is distributed or sold by retailers must ensure that the film bag is readily and easily identifiable from other film bags in a manner that is consistent with the federal trade commission guides. (2) For purposes of this section, "readily and easily identifiable" products must meet the following requirements: (a) Be labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification if the bag has been certified as meeting that standard by a recognized third-party independent verification body; (b) Be labeled in accordance with one of the following: (i) The bag is tinted or made of a uniform color of green, beige, or brown and labeled with the word "compostable" on one side of the bag and the label must be at least one inch in height; or (ii) Be labeled with the word "compostable" on both sides of the bag and the label must be one of the following: (A) Green, beige, or brown color lettering at least one inch in height; or (B) Within a contrasting green, beige, or brown color band of at least one inch in height on both sides of the bag with color contrasting lettering of at least one-half inch in height; and (c) Meet industry standards for being distinguishable upon quick inspection in both public sorting areas and in processing facilities. (3) If a bag is smaller than 14 inches by 14 inches, the lettering and stripe required under subsection (2)(b)(ii) of this section must be in proportion to the size of the bag. (4) A film bag that meets ASTM standard specification D6400 that is sold or distributed in this state may not display a chasing arrow resin identification code or recycling type of symbol in any form. (5) A producer is required to comply with this section only to the extent that the labeling requirements do not conflict with the federal trade commission guides.
RCW 70A.205.230 — Washington Code / Title 70A / Chapter 205 / Section 230
RCW 70A.205.230: Department authorized to disburse funds under RCW 43.83.350 for local government solid waste projects.
Status: in_force

The department is authorized to use funds under *RCW 43.83.350 to disburse to local governments in developing solid waste recovery or recycling projects. Priority shall be given to those projects that use incineration of solid waste to produce energy and to recycling projects.
RCW 70A.505.030 — Washington Code / Title 70A / Chapter 505 / Section 030
RCW 70A.505.030: Product stewardship program.
Status: in_force

(1)(a) Every producer of mercury-containing lights sold, made available for sale, or distributed in or into Washington state for retail sale in Washington state, including legacy producers, must participate in a product stewardship program for those products, operated by a stewardship organization and financed in the manner provided by RCW 70A.505.050 . Every such producer must inform the department of the producer's participation in a product stewardship program by including the producer's name in a plan submitted to the department by a stewardship organization as required by RCW 70A.505.040 . Producers, including legacy producers, must satisfy these participation obligations individually or may do so jointly with other producers. (b) Except as provided in (c) of this subsection, a stewardship organization implementing an approved program under this chapter must continue to implement an approved program until December 31, 2028, and may continue to do so in the form and manner described in the plan approved by the department as of January 1, 2024, until December 31, 2028. The provisions of chapter 339, Laws of 2024 apply to programs that a stewardship organization must implement beginning January 1, 2029, and to the rule adoption, fee payment to the department, plan submission, and plan approval processes that predate the implementation of the new program to begin January 1, 2029. Changes to the limits of mercury-containing lights accepted at collection sites must take effect January 1, 2025. (c) A stewardship organization may only increase the amount of the environmental handling charge established under this chapter from the amount that was approved by the department as of January 1, 2024, in a manner consistent with RCW 70A.505.050 . Additional stewardship organization costs that are not adequately covered by the environmental handling charge and that derive from activities occurring between June 6, 2024, and December 31, 2028, must be funded by participant members of the stewardship organization. (2) Until December 31, 2028, a stewardship organization operating a product stewardship program must pay administrative and operational costs associated with its current program with revenues received from the environmental handling charge imposed under the plan approved by the department prior to June 6, 2024. For program administrative and operational costs related to the implementation of program requirements in calendar year 2029, a stewardship organization may plan to use reserve funds in the possession of the stewardship organization from the environmental handling charges assessed until December 31, 2028. For program administrative and operational costs related to the planning and implementation of the program requirements that must be implemented beginning in calendar year 2030, a stewardship organization operating a product stewardship program must pay all administrative and operational costs associated with its program with revenues received from participating legacy producers. A stewardship organization may offer incentives or payments to collectors. The stewardship organization's administrative and operational costs do not include the collection costs associated with curbside and mail-back collection programs. The stewardship organization must arrange for collection service at locations described in subsection (4) of this section, which may include household hazardous waste facilities, charities, retailers, government recycling sites, or other suitable private locations. No such entity is required to provide collection services at their location. For curbside and mail-back programs, a stewardship organization must pay the costs of transporting mercury-containing lights from accumulation points and for processing mercury-containing lights collected by curbside and mail-back programs. For collection locations, including household hazardous waste facilities, charities, retailers, government recycling sites, or other suitable private locations, a stewardship organization must pay the costs of packaging and shipping materials as required under RCW 70A.505.070 or must compensate collectors for the costs of those materials, and must pay the costs of transportation and processing of mercury-containing lights collected from the collection locations. (3) Product stewardship programs shall collect unwanted mercury-containing lights delivered from covered entities for recycling, processing, or final disposition, and are prohibited from charging a fee when lights are sold, dropped off, or delivered into the program. (4)(a) Product stewardship programs shall provide, at a minimum, no cost services in all cities in the state with populations greater than 10,000 and all counties of the state on an ongoing, year-round basis. (b)(i) The department may amend the convenience standards established in this section to relieve a stewardship organization of its obligation to operate a collection site or to provide a collection opportunity when it is demonstrated by the stewardship organization to: (A) Result in the annual collection of fewer than 500 mercury-containing lights; and (B) Not remove collection opportunities for people living in a rural county or an overburdened community. (ii) For the purposes of this subsection (4)(b), "rural county" has the same meaning provided in RCW 82.14.370 and "overburdened community" has the same meaning provided in RCW 70A.02.010 . (5) Product stewardship programs shall promote the safe handling and recycling of mercury-containing lights to the public, including producing and offering point-of-sale educational materials to retailers of mercury-containing lights and point-of-return educational materials to collection locations. (6) All product stewardship programs operated under approved plans must recover their fair share of unwanted mercury-containing lights as determined by the department. (7) The department or its designee may inspect, audit, or review audits of processing and disposal facilities used to fulfill the requirements of a product stewardship program. (8) No product stewardship program required under this chapter may use federal or state prison labor for processing unwanted products. (9) Product stewardship programs for mercury-containing lights must be fully implemented by January 1, 2015. Product stewardship programs for mercury-containing lights meeting the new requirements of chapter 339, Laws of 2024 must be fully implemented by January 1, 2029.
RCW 70.77.395 — Washington Code / Title 70 / Chapter 77 / Section 395
RCW 70.77.395: Dates and times consumer fireworks may be sold or discharged—Local governments may limit, prohibit sale or discharge of fireworks.
Status: in_force

(1) It is legal to sell and purchase consumer fireworks within this state from twelve o'clock noon to eleven o'clock p.m. on the twenty-eighth of June, from nine o'clock a.m. to eleven o'clock p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o'clock a.m. to nine o'clock p.m. on the fifth of July, from twelve o'clock noon to eleven o'clock p.m. on each day from the twenty-seventh of December through the thirty-first of December of each year, and as provided in RCW 70.77.311 . (2) Consumer fireworks may be used or discharged each day between the hours of twelve o'clock noon and eleven o'clock p.m. on the twenty-eighth of June and between the hours of nine o'clock a.m. and eleven o'clock p.m. on the twenty-ninth of June to the third of July, and on July 4th between the hours of nine o'clock a.m. and twelve o'clock midnight, and between the hours of nine o'clock a.m. and eleven o'clock p.m. on July 5th, and from six o'clock p.m. on December 31st until one o'clock a.m. on January 1st of the subsequent year, and as provided in RCW 70.77.311 . (3) A city or county may enact an ordinance within sixty days of June 13, 2002, to limit or prohibit the sale, purchase, possession, or use of consumer fireworks on December 27, 2002, through December 31, 2002, and thereafter as provided in RCW 70.77.250 (4).
RCW 70.79.020 — Washington Code / Title 70 / Chapter 79 / Section 020
RCW 70.79.020: Compensation and travel expenses.
Status: in_force

The members of the board shall be compensated in accordance with RCW 43.03.240 and shall receive travel expenses incurred while in the performance of their duties as members of the board, in accordance with RCW 43.03.050 and 43.03.060 .
RCW 70A.325.130 — Washington Code / Title 70A / Chapter 325 / Section 130
RCW 70A.325.130: Director may implement an emergency program—Report to the legislature.
Status: in_force

(1) The director may implement an emergency program, as designed under RCW 70A.325.070 . (2) At the legislative session following implementation of an emergency program, the director must provide to the legislature a report on the options available to assist owners and operators in using one or a combination of mechanisms to demonstrate financial responsibility for underground storage tanks. The report must include, but is not limited to: Discussion of a state-run insurance program; alternative options to a state-run insurance program; an evaluation and recommendation of the finances required to develop and implement a new financial responsibility model that complies with the federal financial responsibility requirements in 40 C.F.R. Part 280, subpart H; and recommendations for legislation necessary to implement actions needed to meet federal financial responsibility requirements in 40 C.F.R. Part 280, subpart H.
RCW 70A.300.030 — Washington Code / Title 70A / Chapter 300 / Section 030
RCW 70A.300.030: Environmental excellence program agreements—Effect on chapter.
Status: in_force

Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
RCW 70A.125.180 — Washington Code / Title 70A / Chapter 125 / Section 180
RCW 70A.125.180: Water system acquisition and rehabilitation program—Created.
Status: in_force

Subject to the availability of amounts appropriated for this specific purpose, the department shall provide financial assistance through a water system acquisition and rehabilitation program, hereby created. The department shall adopt guidelines for the program using as a model the procedures and criteria of the drinking water revolving loan program authorized under RCW 70A.125.160 . All financing provided through the program must be in the form of grants or loans that partially cover project costs, including projects and planning required under RCW 43.20.310 . The maximum grant or loan to any eligible entity may not exceed 25 percent of the funds allocated to the appropriation in any fiscal year.
RCW 70A.15.2240 — Washington Code / Title 70A / Chapter 15 / Section 2240
RCW 70A.15.2240: Control of emissions—Bubble concept—Schedules of compliance.
Status: in_force

(1) As used in subsection (3) of this section, the term "bubble" means an air pollution control system which permits aggregate measurements of allowable emissions, for a single category of pollutant, for emissions points from a specified emissions-generating facility or facilities. Individual point source emissions levels from such specified facility or facilities may be modified provided that the aggregate limit for the specified sources is not exceeded. (2) Whenever any regulation relating to emission standards or other requirements for the control of emissions is adopted which provides for compliance with such standards or requirements no later than a specified time after the date of adoption of the regulation, the appropriate activated air pollution control authority or, if there be none, the department of ecology shall, by permit or regulatory order, issue to air contaminant sources subject to the standards or requirements, schedules of compliance setting forth timetables for the achievement of compliance as expeditiously as practicable, but in no case later than the time specified in the regulation. Interim dates in such schedules for the completion of steps of progress toward compliance shall be as enforceable as the final date for full compliance therein. (3) Wherever requirements necessary for the attainment of air quality standards or, where such standards are not exceeded, for the maintenance of air quality can be achieved through the use of a control program involving the bubble concept, such program may be authorized by a regulatory order or orders or permit issued to the air contaminant source or sources involved. Such order or permit shall only be authorized after the control program involving the bubble concept is accepted by [the] United States environmental protection agency as part of an approved state implementation plan. Any such order or permit provision shall restrict total emissions within the bubble to no more than would otherwise be allowed in the aggregate for all emitting processes covered. The orders or permits provided for by this subsection shall be issued by the department or the authority with jurisdiction. If the bubble involves interjurisdictional approval, concurrence in the total program must be secured from each regulatory entity concerned.
RCW 70.345.210 — Washington Code / Title 70 / Chapter 345 / Section 210
RCW 70.345.210: State preemption—Exceptions.
Status: in_force

(1) This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of vapor product promotions and sales at retail. No political subdivision may impose fees or license requirements on retail outlets for possessing or selling vapor products, other than general business taxes or license fees not primarily levied on such products. (2) No political subdivision may regulate the use of vapor products in outdoor public places, unless the public place is an area where children congregate, such as schools, playgrounds, and parks. (3) Subject to RCW 70.345.150 , political subdivisions may regulate the use of vapor products in indoor public places.
RCW 70.168.050 — Washington Code / Title 70 / Chapter 168 / Section 050
RCW 70.168.050: Emergency medical services and trauma care system—Department to establish—Rule making—Gifts.
Status: in_force

(1) The department, in consultation with, and having solicited the advice of, the emergency medical services and trauma care steering committee, shall establish the Washington state emergency medical services and trauma care system. (2) The department shall adopt rules consistent with this chapter to carry out the purpose of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW. All rules and procedures adopted by the department shall minimize paperwork and compliance requirements for facilities and other participants. The department shall assure an opportunity for consultation, review, and comment by the public and providers of emergency medical services and trauma care before adoption of rules. When developing rules to implement this chapter the department shall consider the report of the Washington state trauma project established under chapter 183, Laws of 1988. Nothing in this chapter requires the department to follow any specific recommendation in that report except as it may also be included in this chapter. (3) The department may apply for, receive, and accept gifts and other payments, including property and service, from any governmental or other public or private entity or person, and may make arrangements as to the use of these receipts, including any activities related to the design, maintenance, or enhancements of the emergency medical services and trauma care system in the state. The department shall make available upon request to the appropriate legislative committees information concerning the source, amount, and use of such gifts or payments.
RCW 70A.210.100 — Washington Code / Title 70A / Chapter 210 / Section 100
RCW 70A.210.100: Revenue bonds—Disposition of proceeds.
Status: in_force

The proceeds from the sale of any bonds issued under authority of this chapter shall be applied only for the purpose for which the bonds were issued: PROVIDED, That any accrued interest and premium received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold: AND PROVIDED FURTHER, That if for any reason any portion of such proceeds shall not be needed for the purpose for which the bonds were issued, then such unneeded portion of said proceeds shall be applied to the payment of the principal of or the interest on said bonds. The cost of acquiring or improving any facilities shall be deemed to include the following: The actual cost of acquiring or improving real estate for any facilities; the actual cost of construction of all or any part of the facilities which may be constructed, including architects' and engineers' fees, all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition or improvements; and the interest on such bonds for a reasonable time prior to construction, during construction, and for a time not exceeding six months after completion of construction.
RCW 70A.55.020 — Washington Code / Title 70A / Chapter 55 / Section 020
RCW 70A.55.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Account" means the diesel idle reduction account created in RCW 70A.55.040 . (2) "Department" means the department of ecology. (3) "Loan recipient" means a state, local, or other governmental entity that owns diesel vehicles or equipment.
RCW 70.85.130 — Washington Code / Title 70 / Chapter 85 / Section 130
RCW 70.85.130: Applicability.
Status: in_force

RCW 70.85.100 through 70.85.120 will govern notwithstanding the provisions of any other section of this chapter and notwithstanding the provisions of chapter 9.73 RCW.
RCW 70A.450.020 — Washington Code / Title 70A / Chapter 450 / Section 020
RCW 70A.450.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Asbestos" includes the asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentine), crocidolite (riebeckite), anthophyllite, and any of these minerals that have been chemically treated or altered. The chemical abstracts service registry number for each is as follows: Asbestos (1332-21-4), actinolite (13768-00-8), amosite (12172-73-5), tremolite (14567-73-8), chrysotile (12001-29-5), crocidolite (12001-28-4), and anthophyllite (17068-78-9). (2) "Asbestos-containing building material" means: (a) Until January 1, 2025, any building material to which asbestos is deliberately added in any concentration or that contains more than one percent asbestos by weight or area as determined using the United States environmental protection agency method for the determination of asbestos in building materials, EPA/600/R-93/116, July 1993; and (b) Beginning January 1, 2025, any building material to which asbestos is deliberately added in any concentration or that contains more than one-tenth of one percent asbestos by weight or area as determined using the United States environmental protection agency method for the determination of asbestos in building materials, EPA/600/R-93/116, July 1993. (3) "Building material" includes materials designed for, or used in, construction, renovation, repair, or maintenance of institutional, commercial, public, industrial, or residential buildings and structures. The term does not include automobiles, recreational vehicles, boats, or other mobile means of transportation. (4) "Consumer" means any person that acquires a building material for direct use or ownership, rather than for resale or use in production and manufacturing. (5) "Department" means the department of ecology. (6) "Interested party" means any contractor, subcontractor, or worker that performs, or is reasonably expected to perform, work at a facility covered under RCW 70A.450.070 or any organization whose members perform, or are reasonably expected to perform, work at a facility covered under RCW 70A.450.070 . (7) "Person" means any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency. (8) "Residential construction" means construction, alteration, repair, improvement, or maintenance of single-family dwellings, duplexes, apartments, condominiums, and other residential structures not to exceed four stories in height, including the basement. (9) "Retailer" means any person that sells goods or commodities directly to consumers.
RCW 70.41.090 — Washington Code / Title 70 / Chapter 41 / Section 090
RCW 70.41.090: Hospital license required—Certificate of need required—Participation in Washington rural health access preservation pilot.
Status: in_force

(1) No person or governmental unit of the state of Washington, acting separately or jointly with any other person or governmental unit, shall establish, maintain, or conduct a hospital in this state, or use the word "hospital" to describe or identify an institution, without a license under this chapter: PROVIDED, That the provisions of this section shall not apply to state mental institutions and *psychiatric hospitals which come within the scope of chapter 71.12 RCW. (2) After June 30, 1989, no hospital shall initiate a tertiary health service as defined in **RCW 70.38.025 (14) unless it has received a certificate of need as provided in RCW 70.38.105 and 70.38.115 . (3) A rural health care facility licensed under RCW 70.175.100 formerly licensed as a hospital under this chapter may, within three years of the effective date of the rural health care facility license, apply to the department for a hospital license and not be required to meet certificate of need requirements under chapter 70.38 RCW as a new health care facility and not be required to meet new construction requirements as a new hospital under this chapter. These exceptions are subject to the following: The facility at the time of initial conversion was considered by the department to be in compliance with the hospital licensing rules and the condition of the physical plant and equipment is equal to or exceeds the level of compliance that existed at the time of conversion to a rural health care facility. The department shall inspect and determine compliance with the hospital rules prior to reissuing a hospital license. (4) A rural hospital, as defined by the department, reducing the number of licensed beds to become a rural primary care hospital under the provisions of Part A Title XVIII of the Social Security Act Section 1820, 42 U.S.C., 1395c et seq. may, within three years of the reduction of licensed beds, increase the number of beds licensed under this chapter to no more than the previously licensed number of beds without being subject to the provisions of chapter 70.38 RCW and without being required to meet new construction requirements under this chapter. These exceptions are subject to the following: The facility at the time of the reduction in licensed beds was considered by the department to be in compliance with the hospital licensing rules and the condition of the physical plant and equipment is equal to or exceeds the level of compliance that existed at the time of the reduction in licensed beds. The department may inspect and determine compliance with the hospital rules prior to increasing the hospital license. (5) If a rural hospital is determined to no longer meet critical access hospital status for state law purposes as a result of participation in the Washington rural health access preservation pilot identified by the state office of rural health, the rural hospital may renew its license by applying to the department for a hospital license and the previously licensed number of beds without being subject to the provisions of chapter 70.38 RCW and without being required to meet new construction review requirements under this chapter. These exceptions are subject to the following: The hospital, at the time it began participation in the pilot, was considered by the department to be in compliance with the hospital licensing rules, and the condition of the physical plant and equipment is equal to or exceeds the level of compliance that existed at the time of the reduction in licensed beds. The department may inspect and determine compliance with the hospital licensing rules. If all or part of a formerly licensed rural hospital is sold, purchased, or leased during the period the rural hospital does not meet critical access hospital status as a result of participation in the Washington rural health access preservation pilot and the new owner or lessor applies to renew the rural hospital's license, then the sale, purchase, or lease of part or all of the rural hospital is subject to the provisions of chapter 70.38 RCW.