reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.525 - Disposable Wipes Products—Labeling Standards. › 70A.525.020 - Labeling requirements.

RCW 70A.525.020
Labeling requirements.
(1) A covered entity must clearly and conspicuously label a package containing a covered product as "do not flush" as follows:
(a) Use the "do not flush" symbol, or a gender equivalent thereof, described in the INDA/EDANA code of practice 2 (COP2, as published in "Guidelines for Assessing the Flushability of Disposable Nonwoven Products," Edition 4, May 2018, by INDA/EDANA);
(b) Place the symbol on the principal display panel in a prominent and reasonably visible location on the package which, in the case of packaging intended to dispense individual wipes, is permanently affixed in a location that is visible to a person each time a wipe is dispensed from the package;
(c) Size the symbol to cover at least two percent of the surface area of the principal display panel on which the symbol is presented;
(d) Ensure the symbol is not obscured by packaging seams, folds, or other package design elements;
(e) Ensure the symbol has sufficiently high contrast with the immediate background of the packaging to render it likely to be read by the ordinary individual under customary conditions of purchase and use. In the case of a printed symbol, "high contrast" is defined as follows:
(i) Provided with either a light symbol on a dark background or a dark symbol on a light background; and
(ii) A minimum level or percentage of contrast between the symbol artwork and the background of at least 70 percent. Contrast in percent is determined by:
(A) Contrast = (B1 - B2) x 100 / B1; and
(B) Where B1 = light reflectance value of the lighter area and B2 = light reflectance value of the darker area ; and
(2) Beginning January 1, 2023, no package containing a covered product manufactured on or before July 1, 2022, may be offered for distribution or sale in the state unless the covered product is labeled consistent with the requirements of subsection (1) of this section.
[ 2023 c 172 § 2; 2020 c 121 § 3.]
NOTES:
Effective date—2023 c 172: See note following RCW 70A.525.901.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.525 - Disposable Wipes Products—Labeling Standards. › 70A.525.030 - Documentation demonstrating compliance with chapter.

RCW 70A.525.030
Documentation demonstrating compliance with chapter.
Upon a request by a city or a county, a covered entity must submit to the requesting entity, within ninety days of the request, nonconfidential business information and documentation demonstrating compliance with this chapter, in a format that is easy to understand.
[ 2020 c 121 § 4.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.525 - Disposable Wipes Products—Labeling Standards. › 70A.525.040 - Enforcement of chapter—Civil penalties.

RCW 70A.525.040
Enforcement of chapter—Civil penalties.
(1) Cities and counties have concurrent and exclusive authority to enforce this chapter and to collect civil penalties for a violation of this chapter, subject to the conditions in this section. An enforcing government entity may impose a civil penalty in the amount of up to two thousand dollars for the first violation of this chapter, up to five thousand dollars for the second violation of this chapter, and up to ten thousand dollars for the third and any subsequent violation of this chapter. If a covered entity has paid a prior penalty for the same violation to a different government entity with enforcement authority under this subsection, the penalty imposed by a government entity is reduced by the amount of the payment.
(2) Any civil penalties collected pursuant to this section must be paid to the enforcing governmental entity that brought the action.
(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to chapter 19.86 RCW or other consumer protection laws, if applicable.
(4) In addition to penalties recovered under this section, the enforcing government entity may recover reasonable enforcement costs and attorneys' fees from the liable covered entity.
[ 2020 c 121 § 5.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.525 - Disposable Wipes Products—Labeling Standards. › 70A.525.050 - Violation of chapter—Written notice—First and subsequent penalties.

RCW 70A.525.050
Violation of chapter—Written notice—First and subsequent penalties.
Covered entities that violate the requirements of this chapter are subject to civil penalties described in RCW 70A.525.040. A specific violation is deemed to have occurred upon the sale of a noncompliant product package. The repeated sale of the same noncompliant product package is considered part of the same, single violation. A city or county must send a written notice of an alleged violation and a copy of the requirements of this chapter to a noncompliant covered entity, which will have ninety days to become compliant. A city or county may assess a first penalty if the covered entity has not met the requirements of this chapter ninety days following the date the notification was sent. A city or county may impose a second, third, and subsequent penalties on a covered entity that remains noncompliant with the requirements of this chapter for every month of noncompliance.
[ 2020 c 121 § 6.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.525 - Disposable Wipes Products—Labeling Standards. › 70A.525.900 - Effective date—2020 c 121.

RCW 70A.525.900
Effective date—2020 c 121.
This act takes effect July 1, 2022.
[ 2020 c 121 § 8.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.525 - Disposable Wipes Products—Labeling Standards. › 70A.525.902 - Preemption by chapter.

RCW 70A.525.902
Preemption by chapter.
This chapter preempts all existing or future laws enacted by a county, city, town, or other political subdivision of the state regarding the labeling of a covered product. Nothing in this section is intended to preempt the enforcement authority of a city or county as provided under RCW 70A.525.040 and 70A.525.050.
[ 2020 c 121 § 10.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.530 - Carryout Bags. › 70A.530.010 - Definitions.

RCW 70A.530.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Carryout bag" means any bag that is provided by a retail establishment at home delivery, the check stand, cash register, point of sale, or other point of departure to a customer for use to transport or carry away purchases.
(2) "Compliant paper carryout bag" means a paper carryout bag provided by a retail establishment to a customer that meets the requirements in RCW 70A.530.020(6)(a).
(3) "Department" means the department of ecology.
(4) "Nonwood renewable fiber" means plant-based fiber derived from wheat straw grown in North America.
(5) "Pass-through charge" means a charge to be collected and retained by retail establishments from their customers when providing compliant paper carryout bags and reusable carryout bags made of film plastic.
(6) "Retail establishment" means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides food, merchandise, goods, or materials directly to a customer including home delivery, temporary stores, or vendors at farmers markets, street fairs, and festivals.
(7) "Reusable carryout bag" means a carryout bag made of cloth or other durable material with handles that is specifically designed and manufactured for long-term multiple reuse and meets the requirements of RCW 70A.530.020(6)(b).
(8) "Single-use plastic carryout bag" means any carryout bag that is made from plastic that is designed and suitable only to be used once and disposed.
[ 2021 c 33 § 1; 2020 c 138 § 2.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.530 - Carryout Bags. › 70A.530.030 - Payment for any portion of pass-through charge—Violation of RCW 70A.530.020.

RCW 70A.530.030
Payment for any portion of pass-through charge—Violation of RCW 70A.530.020.
It is a violation of RCW 70A.530.020 for any retail establishment to pay or otherwise reimburse a customer for any portion of the pass-through charge; provided that retail establishments may not collect a pass-through charge from anyone using a voucher or electronic benefits card issued under the women, infants, and children (WIC) or temporary assistance for needy families (TANF) support programs, or the federal supplemental nutrition assistance program (SNAP, also known as basic food), or the Washington state food assistance program (FAP).
[ 2020 c 138 § 4.]
NOTES:
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.530 - Carryout Bags. › 70A.530.040 - Pulp and paper mill expansion or reconfiguration—Adoption of rules—Enforcement of chapter—Education—Civil penalty.

RCW 70A.530.040
Pulp and paper mill expansion or reconfiguration—Adoption of rules—Enforcement of chapter—Education—Civil penalty.
(1) Until June 1, 2025, the department shall prioritize the expedited processing of applications for permits related to the expansion or reconfiguration of an existing pulp and paper mill for the purpose of manufacturing paper bags or raw materials used to manufacture paper bags.
(2) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
(3) The enforcement of this chapter must be based primarily on complaints filed with the department and local governments. The department must establish a forum for the filing of complaints. Local governments and any person may file complaints with the department using the forum and local governments may review complaints filed with the department via the forum for purposes of the local government carrying out education and outreach to retail establishments. The forum established by the department may include a complaint form on the department's website, a telephone hotline, or a public outreach strategy relying upon electronic social media to receive complaints that allege violations. The department, in collaboration with the local governments, must provide education and outreach activities to inform retail establishments, consumers, and other interested individuals about the requirements of this chapter.
(4) The department or local government shall work with retail establishments, retail associations, unions, and other organizations to create educational elements regarding the ban and the benefits of reusable carryout bags. Educational elements may include signage at store locations, informational literature, and employee training by October 1, 2020.
(5) Retail establishments are encouraged to educate their staff to promote reusable bags as the best option for carryout bags and to post signs encouraging customers to use reusable carryout bags.
(6) A violation of this chapter is subject to a civil penalty of up to two hundred fifty dollars. Each calendar day of operation or activity in violation of this chapter comprises a new violation. Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
(7) If specific funding for the purposes of chapter 138, Laws of 2020, referencing chapter 138, Laws of 2020 by bill or chapter number, is not provided by July 1, 2020, from the waste reduction, recycling, and litter control account for purposes of implementing the education and outreach activities required under this section, then chapter 138, Laws of 2020 is null and void.
[ 2020 c 138 § 5.]
NOTES:
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.530 - Carryout Bags. › 70A.530.050 - Preemption of local ordinances.

RCW 70A.530.050
Preemption of local ordinances.
(1) Except as provided in subsection (2) of this section, a city, town, county, or municipal corporation may not implement a local carryout bag ordinance. Except as provided in subsection (2) of this section, any carryout bag ordinance that was enacted as of April 1, 2020, is preempted by this chapter.
(2)(a) A city, town, county, or municipal corporation carryout bag ordinance enacted as of April 1, 2020, that has established a pass-through charge of ten cents is not preempted with respect to the amount of the pass-through charge until January 1, 2026.
(b) A city, town, county, or municipal corporation ordinance not specified in (a) of this subsection and enacted as of April 1 2020, is not preempted until January 1, 2021.
[ 2020 c 138 § 6.]
NOTES:
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.530 - Carryout Bags. › 70A.530.060 - Report to the legislature.

RCW 70A.530.060
Report to the legislature. (Expires July 1, 2027.)
(1) By December 1, 2024, the department of commerce, in consultation with the department, must submit a report to the appropriate committees of the legislature in order to allow an opportunity for the legislature to amend the mil thickness requirements for reusable carryout bags made of film plastic, the amount of the pass-through charges for bags, or to make other needed revisions to this chapter during the 2025 legislative session. The report required under this section must include:
(a) An assessment of the effectiveness of the pass-through charge for reducing the total volume of bags purchased and encouraging the use of reusable carryout bags;
(b) An assessment of the sufficiency of the amount of the pass-through charge allowed under chapter 70A.530 RCW [this chapter] relative to the cost of the authorized bags to retail establishments and an assessment of the pricing and availability of various types of carryout bags. For purposes of conducting this assessment, the department and the department of commerce may request, but not require, retail establishments and bag distributors to furnish information regarding the cost of various types of paper and plastic carryout bags provided to retail establishments; and
(c) Recommendations for revisions to chapter 70A.530 RCW [this chapter], if needed.
(2) This section expires July 1, 2027.
[ 2020 c 138 § 7.]
NOTES:
Application of RCW 82.32.805 and 82.32.808—2020 c 138: See note following RCW 70A.530.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.005 - Findings—Intent—2021 c 317.

RCW 70A.535.005
Findings—Intent—2021 c 317.
(1) The legislature finds that rapid innovations in low carbon transportation technologies, including electric vehicles and clean transportation fuels, are at the threshold of widespread commercial deployment. In order to help prompt the use of clean fuels, other states have successfully implemented programs that reduce the carbon intensity of their transportation fuels. California and Oregon have both implemented low carbon fuel standards that are similar to the program created in chapter 317, Laws of 2021, and both states have experienced biofuel sector growth and have successfully sited large biofuel projects that had originally been planned for Washington. Washington state has extensively studied the potential impact of a clean fuels program, and most projections show that a low carbon fuel standard would decrease greenhouse gas and conventional air pollutant emissions, while positively impacting the state's economy.
(2) The legislature further finds that the health and welfare of the people of the state of Washington is threatened by the prospect of crumbling or swamped coastlines, rising water, and more intense forest fires caused by higher temperatures and related droughts, all of which are intensified and made more frequent by the volume of greenhouse gas emissions. As of 2017, the transportation sector contributes 45 percent of Washington's greenhouse gas emissions, and the legislature's interest in the life cycle of the fuels used in the state arises from a concern for the effects of the production and use of these fuels on Washington's environment and public health, including its air quality, snowpack, and coastline.
(3) Therefore, it is the intent of the legislature to support the deployment of clean transportation fuel technologies through a carefully designed program that reduces the carbon intensity of fuel used in Washington, in order to:
(a) Reduce levels of conventional air pollutants from diesel and gasoline that are harmful to public health;
(b) Reduce greenhouse gas emissions associated with transportation fuels, which are the state's largest source of greenhouse gas emissions; and
(c) Create jobs and spur economic development based on innovative clean fuel technologies.
[ 2021 c 317 § 1.]
NOTES:
Severability—2021 c 317: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. In the event that there is litigation on the provisions of section 3(6) of this act or any other provision of this act, it is the intent of the legislature that the remainder of the act shall continue to be enforced and if such provisions are held invalid, the remainder of the act shall not be affected." [ 2021 c 317 § 31.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.060 - Adoption of rules—Harmonization with other states—Stakeholder advisory panel—Review of innovative technologies—Report requirements.

RCW 70A.535.060
Adoption of rules—Harmonization with other states—Stakeholder advisory panel—Review of innovative technologies—Report requirements.
(1) Except where otherwise provided in this chapter, the department shall seek to adopt rules that are harmonized with the regulatory standards, exemptions, reporting obligations, and other clean fuels program compliance requirements and methods for credit generation of other states that:
(a) Have adopted low carbon fuel standards or similar greenhouse gas emissions requirements applicable specifically to transportation fuels; and
(b)(i) Supply, or have the potential to supply, significant quantities of transportation fuel to Washington markets; or
(ii) To which Washington supplies, or has the potential to supply, significant quantities of transportation fuel.
(2) The department must establish and periodically consult a stakeholder advisory panel, including representatives of forestland and agricultural landowners, for purposes of soliciting input on how to best incentivize and allot credits for the sequestration of greenhouse gases through activities on agricultural and forestlands in a manner that is consistent with the goals and requirements of this chapter.
(3) The department must conduct a biennial review of innovative technologies and pathways that reduce carbon and increase credit generation opportunities and must modify rules or guidance as needed to maintain stable credit markets.
(4) In any reports to the legislature under RCW 70A.535.090, on the department's website, or in other public documents or communications that refer to assumed public health benefits associated with the program created in this chapter, the department must distinguish between public health benefits from small particulate matter and other conventional pollutant reductions achieved primarily as a result of vehicle emission standards established under chapter 70A.30 RCW, and the incremental benefits to air pollution attributable to the program created under this chapter.
[ 2021 c 317 § 7.]
NOTES:
Severability—2021 c 317: See note following RCW 70A.535.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.070 - Producers or importers must register with the department—Transfer of ownership of transportation fuels—Documentation—Reporting of information—Adoption of rules.

RCW 70A.535.070
Producers or importers must register with the department—Transfer of ownership of transportation fuels—Documentation—Reporting of information—Adoption of rules.
(1)(a) Each producer or importer of any amount of a transportation fuel that is ineligible to generate credits consistent with the requirements of RCW 70A.535.030(3) must register with the department.
(b) Electric vehicle manufacturers and producers, importers, distributors, users, and retailers of transportation fuels that are eligible to generate credits consistent with RCW 70A.535.030(3) must register with the department if they elect to participate in the clean fuels program.
(c) Other persons must register with the department to generate credits from other activities that support the reduction of greenhouse gas emissions associated with transportation in Washington.
(2) Each transaction transferring ownership of transportation fuels for which clean fuels program participation is mandated must be accompanied by documentation, in a format approved by the department, that assigns the clean fuels program compliance responsibility associated with the fuels, including the assignment of associated credits. The department may also require documentation assigning clean fuels program compliance responsibility associated with fuels for which program participation has been elected.
(3) The department may adopt rules requiring the periodic reporting of information to the department by persons associated with the supply chains of transportation fuels participating in the clean fuels program. To the extent practicable, the rules must establish reporting procedures and timelines that are consistent with similar programs in other states that reduce the greenhouse gas emission intensity of transportation fuel and with procedures and timelines of state programs requiring similar information to be reported by regulated parties, including electric utilities.
(4) RCW 70A.15.2510 applies to records or information submitted to the department under this chapter.
[ 2021 c 317 § 8.]
NOTES:
Severability—2021 c 317: See note following RCW 70A.535.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.090 - Reporting requirements—Report to the legislature—Independent analysis.

RCW 70A.535.090
Reporting requirements—Report to the legislature—Independent analysis.
(1) Beginning May 1, 2025, and each May 1st thereafter, the department must post a report on the department's website that includes the following information regarding the previous calendar year of clean fuels program activities:
(a) The program-wide number of credits and deficits generated by entities participating in the clean fuels program;
(b) The volumes of each transportation fuel and average price per credit used to comply with the requirements of the clean fuels program;
(c) The best estimate or range in probable costs or cost savings attributable to the clean fuels program per gallon of gasoline and per gallon of diesel, as determined by an independent consultant whose services the department has contracted. The estimate or range in probable costs or cost savings from the independent consultant must be announced in a press release to the news media at the time that the report under this subsection (1) is posted to the department's website, and must be simultaneously reported to the transportation committees of the house of representatives and the senate;
(d) The total greenhouse gas emissions reductions attributable to the clean fuels program isolated from the greenhouse gas emissions reductions attributable to other state and national programs on the same fuels; and
(e) The range in the probable cost per ton of greenhouse gas emissions reductions attributable to fuels supported by the clean fuels program, taking into account the information in (c) and (d) of this subsection.
(2) Nothing in this section prohibits the department from posting information described in subsection (1) of this section on a more frequent basis than once per year.
(3) By May 1, 2025, and each May 1st thereafter, the department must submit the report required under subsection (1) of this section to the appropriate committees of the house of representatives and senate.
(4) The department must contract for a one-time ex ante independent analysis of the information specified in subsection (1)(c) of this section covering each year of the program through 2038. The analysis must be informed by input from stakeholders, including regulated industries, and informed by experience from other jurisdictions. The analysis must impute price impacts using multiple analytical methodologies and must make clear how the assumptions or factors considered differed in each methodology used and price impact imputed. The analysis required in this subsection must be completed and submitted to the appropriate committees of the legislature by July 1, 2022.
[ 2021 c 317 § 10.]
NOTES:
Severability—2021 c 317: See note following RCW 70A.535.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.100 - Fuel supply forecast.

RCW 70A.535.100
Fuel supply forecast.
(1) In consultation with the department, the utilities and transportation commission, and the department of agriculture, the department of commerce must develop a periodic fuel supply forecast to project the availability of fuels to Washington necessary for compliance with clean fuels program requirements.
(2) Based upon the estimates in subsection (3) of this section, the fuel supply forecast must include a prediction by the department of commerce regarding whether sufficient credits will be available to comply with clean fuels program requirements.
(3) The fuel supply forecast for each upcoming compliance period must include, but is not limited to, the following:
(a) An estimate of the potential volumes of gasoline, gasoline substitutes, and gasoline alternatives, and diesel, diesel substitutes, and diesel alternatives available to Washington. In developing this estimate, the department of commerce must consider, but is not limited to considering:
(i) The existing and future vehicle fleet in Washington; and
(ii) Any constraints that might be preventing access to available and cost-effective low carbon fuels by Washington, such as geographic and logistical factors, and alleviating factors to the constraints;
(b) An estimate of the total banked credits and carried over deficits held by regulated parties, credit generators, and credit aggregators at the beginning of the compliance period, and an estimate of the total credits attributable to fuels described in (a) of this subsection;
(c) An estimate of the number of credits needed to meet the applicable clean fuels program requirements during the forecasted compliance period; and
(d) A comparison in the estimates of (a) and (b) of this subsection with the estimate in (c) of this subsection, for the purpose of indicating the availability of fuels and banked credits needed for compliance with the requirements of this chapter.
(4) The department of commerce, in coordination with the department, may appoint a forecast review team of relevant experts to participate in the fuel supply forecast or examination of data required by this section. The department of commerce must finalize a fuel supply forecast for an upcoming compliance period by no later than 90 days prior to the start of the compliance period.
[ 2021 c 317 § 11.]
NOTES:
Severability—2021 c 317: See note following RCW 70A.535.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.110 - Forecast deferral.

RCW 70A.535.110
Forecast deferral.
(1) No later than 30 calendar days before the commencement of a compliance period, the department shall issue an order declaring a forecast deferral if the fuel supply forecast under RCW 70A.535.100 projects that the amount of credits that will be available during the forecast compliance period will be less than 100 percent of the credits projected to be necessary for regulated parties to comply with the scheduled applicable clean fuels program standard adopted by the department for the forecast compliance period.
(2) An order declaring a forecast deferral under this section must set forth:
(a) The duration of the forecast deferral;
(b) The types of fuel to which the forecast deferral applies; and
(c) Which of the following methods the department has selected for deferring compliance with the scheduled applicable clean fuels program standard during the forecast deferral:
(i) Temporarily adjusting the scheduled applicable clean fuels program standard to a standard identified in the order that better reflects the forecast availability of credits during the forecast compliance period and requiring regulated parties to comply with the temporary standard;
(ii) Requiring regulated parties to comply only with the clean fuels program standard applicable during the compliance period prior to the forecast compliance period; or
(iii) Suspending deficit accrual for part or all of the forecast deferral period.
(3)(a) In implementing a forecast deferral, the department may take an action for deferring compliance with the clean fuels program standard other than, or in addition to, selecting a method under subsection (2)(c) of this section only if the department determines that none of the methods under subsection (2)(c) of this section will provide a sufficient mechanism for containing the costs of compliance with the clean fuels program standards during the forecast deferral.
(b) If the department makes the determination specified in (a) of this subsection, the department shall:
(i) Include in the order declaring a forecast deferral the determination and the action to be taken; and
(ii) Provide written notification and justification of the determination and the action to:
(A) The governor;
(B) The president of the senate;
(C) The speaker of the house of representatives;
(D) The majority and minority leaders of the senate; and
(E) The majority and minority leaders of the house of representatives.
(4) The duration of a forecast deferral may not be less than one calendar quarter or longer than one compliance period. Only the department may terminate, by order, a forecast deferral before the expiration date of the forecast deferral. Termination of a forecast deferral is effective on the first day of the next calendar quarter after the date that the order declaring the termination is adopted.
[ 2021 c 317 § 12.]
NOTES:
Severability—2021 c 317: See note following RCW 70A.535.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.130 - Fee—Clean fuels program account—Rule making to be conducted as provided in RCW 34.05.328.

RCW 70A.535.130
Fee—Clean fuels program account—Rule making to be conducted as provided in RCW 34.05.328.
(1) The department may require that persons that are required or elect to register or report under this chapter pay a fee. If the department elects to require program participants to pay a fee, the department must, after an opportunity for public review and comment, adopt rules to establish a process to determine the payment schedule and the amount of the fee charged. The amount of the fee must be set so as to equal but not exceed the projected direct and indirect costs to the department for developing and implementing the program and the projected direct and indirect costs to the department of commerce to carry out its responsibilities under RCW 70A.535.100. The department and the department of commerce must prepare a biennial workload analysis and provide an opportunity for public review of and comment on the workload analysis. The department shall enter into an interagency agreement with the department of commerce to implement this section.
(2) The clean fuels program account is created in the state treasury. All receipts from fees and penalties received under the program created in this chapter must be deposited into the account. Moneys in the account may be spent only after appropriation. The department may only use expenditures from the account for carrying out the program created in this chapter.
(3) All rule making authorized under chapter 317, Laws of 2021 must be conducted according to the standards for significant legislative rules provided in RCW 34.05.328.
[ 2021 c 317 § 14.]
NOTES:
Severability—2021 c 317: See note following RCW 70A.535.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.140 - Joint legislative audit and review committee analysis.

RCW 70A.535.140
Joint legislative audit and review committee analysis. (Expires June 30, 2030.)
(1) By December 1, 2030, the joint legislative audit and review committee must analyze the impacts of the initial five years of clean fuels program implementation and must submit a report summarizing the analysis to the legislature. The analysis must include, at minimum, the following components:
(a) Costs and benefits, including environmental and public health costs and benefits, associated with this chapter for categories of persons participating in the clean fuels program or that are most impacted by air pollution, as defined in consultation with the departments of ecology and health and as measured on a census tract scale. This component of the analysis must, at minimum, assess the costs and benefits of changes in the following metrics since the start of the program:
(i) Levels of greenhouse gas emissions and criteria air pollutants for which the United States environmental protection agency has established national ambient air quality standards;
(ii) Fuel prices; and
(iii) Total employment in categories of industries generating credits or deficits. The categories of industries assessed must include but are not limited to electric utilities, oil refineries, and other industries involved in the production of high carbon fuels, industries involved in the delivery and sale of high carbon fuels, biofuel refineries, and industries involved in the delivery and sale of low carbon fuels;
(b) An evaluation of the information calculated and provided by the department under RCW 70A.535.090(1);
(c) A summary of the estimated total statewide costs and benefits attributable to the clean fuels program, including state agency administrative costs and regulated entity compliance costs. For purposes of calculating the benefits of the program, the summary may rely, in part, on a constant value of the social costs attributable to greenhouse gas emissions, as identified in contemporary internationally accepted estimates of such global social cost. This summary must include an estimate of the total statewide costs of the program per ton of greenhouse gas emissions reductions achieved by the clean fuels program;
(d) An evaluation of the impacts of the program on low-income households; and
(e) The outcomes of proposals to site biofuel facilities through the energy facility site evaluation council review process that is allowed by *RCW 80.50.060(2).
(2) This section expires June 30, 2030.
[ 2021 c 317 § 15.]
NOTES:
*Reviser's note: RCW 80.50.060 was amended by 2022 c 183 § 6, deleting subsection (2).
Severability—2021 c 317: See note following RCW 70A.535.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.150 - Alternative jet fuel.

RCW 70A.535.150
Alternative jet fuel.
(1) By no later than December 31, 2023, the department must allow one or more carbon intensity pathways for alternative jet fuel.
(2) The department must allow biomethane to be claimed as the feedstock for renewable diesel and alternative jet fuel consistent with that allowable for compressed natural gas, liquefied natural gas, liquefied compressed natural gas, or hydrogen production. The department must include in the report required by RCW 70A.535.090(1) information that includes the amount, generation date, and geographic origin of renewable thermal certificates representing the biomethane environmental attributes claimed by each reporting entity for the fuels described in this subsection.
(3) The department must notify the department of revenue within 30 days when one or more facilities capable of producing a cumulative production capacity of at least 20,000,000 gallons of alternative jet fuel each year are operating in this state.
[ 2023 c 232 § 3.]
NOTES:
Effective date—2023 c 232 §§ 1-7: See note following RCW 70A.535.010.
Automatic expiration date exemption—2023 c 232: See note following RCW 82.04.287.
Intent—2023 c 232: See note following RCW 70A.535.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.535 - Transportation Fuel—Clean Fuels Program. › 70A.535.160 - Clean fuels transportation investment account.

RCW 70A.535.160
Clean fuels transportation investment account.
The clean fuels transportation investment account is created in the state treasury. All receipts to the state from clean fuel credits generated under this chapter from transportation investments, including those listed under RCW 70A.535.050(3), must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for activities and projects that reduce greenhouse gas emissions and decarbonize the transportation sector.
[ 2023 c 431 § 14.]
NOTES:
Intent—2023 c 431: See note following RCW 46.17.015.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.010 - Definitions.

RCW 70A.540.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Active municipal solid waste landfill" means a municipal solid waste landfill that has accepted or is accepting solid waste for disposal and has not been closed in accordance with the requirements set forth in WAC 173-351-500 as it existed on January 10, 2022.
(2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property. For the purpose of this chapter, air pollution does not include air contaminants emitted in compliance with chapter 17.21 RCW.
(3) "Ambient air" means the surrounding outside air.
(4) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
(5) "Closed municipal solid waste landfill" means a municipal solid waste landfill that is no longer accepting solid waste for disposal and has been closed in accordance with the requirements set forth in WAC 173-351-500 as it existed on January 10, 2022.
(6) "Department" means the department of ecology.
(7) "Emission" means a release of air contaminants into the ambient air.
(8) "Gas collection system" means any system that employs various gas collection wells and connected piping, and mechanical blowers, fans, pumps, or compressors to create a pressure gradient and actively extract landfill gas.
(9) "Gas control device" means any device used to dispose of or treat collected landfill gas including, but not limited to, enclosed flares, internal combustion engines, boilers and boiler-to-steam turbine systems, fuel cells, and gas turbines.
(10) "Gas control system" means any system that disposes of or treats collected landfill gas by one or more of the following means: Combustion; gas treatment for subsequent sale, or sale for processing off-site, including for transportation fuel and injection into a natural gas pipeline.
(11) "Municipal solid waste landfill" means a discrete area of land or an excavation that receives household waste and that is not a land application site, surface impoundment, injection well, or pile.
(12) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
[ 2022 c 179 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.020 - Application of chapter—Rules.

RCW 70A.540.020
Application of chapter—Rules.
(1) This chapter applies to all municipal solid waste landfills that received solid waste after January 1, 1992, except as provided in subsection (2) of this section.
(2) This chapter does not apply to the following landfills:
(a) Landfills that receive only hazardous waste, or are currently regulated under the comprehensive environmental response, compensation, and liability act, 42 U.S.C. chapter 103; and
(b) Landfills that receive only inert waste or nondecomposable wastes.
(3) The department must adopt rules to implement this chapter. The rules adopted by the department must be informed by landfill methane regulations adopted by the California air resources board, the Oregon environmental quality commission, and the United States environmental protection agency.
[ 2022 c 179 § 2.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.050 - Methane concentration limits.

RCW 70A.540.050
Methane concentration limits.
(1) Except as provided in RCW 70A.540.040, beginning January 1st of the year following the year in which the department adopts rules to implement this chapter, or upon commencing operation of a newly installed gas collection and control system or modification of an existing gas collection and control system pursuant to RCW 70A.540.040, whichever is later, and except as provided by the department to accommodate significant technological improvements, which may include the installation of an energy recovery device or devices, not to exceed 24 months after the department adopts rules to implement this chapter, no location on a municipal solid waste landfill surface may exceed the following methane concentration limits, dependent upon whether the owner or operator of the municipal solid waste landfills conducts, pursuant to RCW 70A.540.060, instantaneous surface emissions monitoring or integrated surface emissions monitoring:
(a) Five hundred parts per million by volume, other than nonrepeatable, momentary readings, as determined by instantaneous surface emissions monitoring; or
(b) An average methane concentration limit of 25 parts per million by volume as determined by integrated surface emissions monitoring.
(2) Any reading exceeding the limits set forth in subsection (1) of this section must be recorded as an exceedance and the following actions must be taken:
(a) The owner or operator must record the date, location, and value of each exceedance, along with retest dates and results. The location of each exceedance must be clearly marked and identified on a topographic map of the municipal solid waste landfill, drawn to scale, with the location of both the monitoring grids and the gas collection system clearly identified; and
(b) The owner or operator must take corrective action, which may include, but not be limited to, maintenance or repair of the cover, or well vacuum adjustments. The location or locations of any exceedance must be remonitored within 10 calendar days of a measured exceedance.
(3) The requirements of this section do not apply to:
(a) The working face of the landfill;
(b) Areas of the landfill surface where the landfill cover material has been removed for the purpose of installing, expanding, replacing, or repairing components of the landfill cover system, the landfill gas collection and control system, the leachate collection and removal system, or a landfill gas condensate collection and removal system;
(c) Areas of the landfill surface where the landfill cover material has been removed for law enforcement activities requiring excavation; or
(d) Areas of the landfill in which the landfill owner or operator, or a designee of the owner or operator, is engaged in active mining for minerals or metals.
[ 2022 c 179 § 5.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.060 - Monitoring.

RCW 70A.540.060
Monitoring.
(1) The owner or operator of a municipal solid waste landfill with a gas collection and control system must conduct instantaneous or integrated surface monitoring of the landfill surface according to the requirements specified in implementing rules adopted by the department pursuant to RCW 70A.540.020.
(2) The owner or operator of a municipal solid waste landfill with a gas collection and control system must monitor the gas control system according to the requirements specified in implementing rules adopted by the department pursuant to RCW 70A.540.020.
(3) The owner or operator of a municipal solid waste landfill with a gas collection and control system must monitor each individual wellhead to determine the gauge pressure according to the requirements specified in implementing rules adopted by the department pursuant to RCW 70A.540.020.
[ 2022 c 179 § 6.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.070 - Records and reporting requirements.

RCW 70A.540.070
Records and reporting requirements.
(1) The owner or operator of a municipal solid waste landfill must maintain records and prepare reports as prescribed in this section and in the department's implementing rules adopted pursuant to RCW 70A.540.020.
(2) The owner or operator of a municipal solid waste landfill must maintain records related to monitoring, testing, landfill operations, and the operation of the gas control device, gas collection system, and gas control system. The records must be provided by the owner or operator to the department or local authority within five business days of a request from the department or local authority.
(3) The owner or operator of a municipal solid waste landfill that ceases to accept waste must submit a closure notification to the department or local authority within 30 days of ceasing to accept waste.
(4) The owner or operator of a municipal solid waste landfill must submit a gas collection and control system equipment removal report to the department or local authority within 30 days of well capping or the removal or cessation of operation of the gas collection, treatment, or control system equipment.
(5) The owner or operator of either an active municipal solid waste landfill with 450,000 or more tons of waste in place or a closed municipal solid waste landfill with 750,000 or more tons of waste in place must prepare an annual report for the period of January 1st through December 31st of each year. The annual report must include a calculation of landfill gas heat input capacity. Each annual report must be submitted to the department and local authority during the subsequent calendar year, with the date of submission to be established through rules adopted by the department.
(6) The owner or operator of an active municipal solid waste landfill with fewer than 450,000 tons of waste in place must submit a waste in place report to the department or local authority.
[ 2022 c 179 § 7.]