reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.080 - Measurements—Test methods.

RCW 70A.540.080
Measurements—Test methods.
(1) Any instrument used for the measurement of methane must be a hydrocarbon detector or other equivalent instrument approved by the department or local authority based on standards adopted by the department that address calibration, specifications, and performance criteria.
(2) The determination of landfill gas heat input capacity must be calculated consistent with the department's implementing rules adopted pursuant to RCW 70A.540.020.
(3) The owner or operator of a municipal solid waste landfill must measure the landfill surface concentration of methane using a hydrocarbon detector meeting the requirements of this section and the department's implementing rules adopted pursuant to RCW 70A.540.020.
(4) The owner or operator of a municipal solid waste landfill must measure leaks using a hydrocarbon detector meeting the requirements of this section and the department's implementing rules adopted pursuant to RCW 70A.540.020.
(5) The expected gas generation flow rate must be determined according to the department's implementing rules adopted pursuant to RCW 70A.540.020.
(6) The control device destruction efficiency must be determined according to the department's implementing rules adopted pursuant to RCW 70A.540.020.
(7) Gauge pressure must be determined using a hand-held manometer, magnehelic gauge, or other pressure measuring device approved by the department or local authority.
(8) Alternative test methods may be used if they are approved in writing by the department or local authority.
[ 2022 c 179 § 8.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.090 - Gas collection and control system—Capping or removal.

RCW 70A.540.090
Gas collection and control system—Capping or removal.
(1) The department or local authority must allow the capping or removal of the gas collection and control system at a closed municipal solid waste landfill, provided the following three requirements are met:
(a) The gas collection and control system was in operation for at least 15 years, unless the owner or operator demonstrates to the satisfaction of the department or local authority that due to declining methane rates, the municipal solid waste landfill will be unable to operate the gas collection and control system for a 15-year period;
(b) Surface methane concentration measurements do not exceed the limits specified in RCW 70A.540.050; and
(c) The owner or operator submits an equipment removal report to the department or local authority pursuant to RCW 70A.540.070 and the department's implementing rules adopted pursuant to RCW 70A.540.020.
(2) Nothing in this section may be interpreted to modify or supersede requirements related to the capping or removal of gas collection and control systems that may exist under the state clean air act, the federal clean air act, or rules adopted pursuant to either the state clean air act or the federal clean air act.
[ 2022 c 179 § 9.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.100 - Alternative compliance measures.

RCW 70A.540.100
Alternative compliance measures.
(1) The owner or operator of a municipal solid waste landfill may request alternatives to the compliance measures, monitoring requirements, and test methods and procedures set forth in RCW 70A.540.040, 70A.540.060, and 70A.540.080, and the department's implementing rules adopted pursuant to RCW 70A.540.020. Any alternatives requested by the owner or operator must be submitted in writing to the department.
(2) The criteria that the department may use to evaluate alternative compliance option requests include, but are not limited to: Compliance history; documentation containing the landfill gas flow rate and measured methane concentrations for individual gas collection wells or components; permits; component testing and surface monitoring results; gas collection and control system operation, maintenance, and inspection records; and historical meteorological data.
(3) The department must review the requested alternatives and either approve or disapprove the alternatives within 120 days. The department may request that additional information be submitted as part of the review of the requested alternatives.
(4) If a request for an alternative compliance option is denied, the department must provide written reasons for the denial.
(5) The department must deny a request for alternative compliance measures if the request does not provide levels of enforceability or methane emissions control that are equivalent to those set forth in this chapter or in the department's implementing rules adopted pursuant to RCW 70A.540.020.
[ 2022 c 179 § 10.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.110 - Applicability criteria specified in RCW 70A.540.020—Request for demonstration.

RCW 70A.540.110
Applicability criteria specified in RCW 70A.540.020—Request for demonstration.
The department or local authority may request that any owner or operator of a municipal solid waste landfill demonstrate that a landfill does not meet the applicability criteria specified in RCW 70A.540.020. Such a demonstration must be submitted to the department or local authority within 90 days of a written request received from the department or local authority.
[ 2022 c 179 § 11.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.120 - Violation of chapter—Civil penalty.

RCW 70A.540.120
Violation of chapter—Civil penalty.
Any person who violates this chapter or any rules that implement this chapter may incur a civil penalty pursuant to RCW 70A.15.3160. The department shall waive penalties in the event the owner or operator of the landfill is actively taking corrective actions to control any methane exceedances. Penalties collected under this section must be deposited into the air pollution control account created in RCW 70A.15.1010 and may only be used to implement chapter 70A.540 RCW.
[ 2022 c 179 § 12.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.540 - Landfills—Methane Emissions. › 70A.540.130 - Fees—Assessment and collection.

RCW 70A.540.130
Fees—Assessment and collection.
The department and local authorities may assess and collect such fees as may be necessary to recover the direct and indirect costs associated with the implementation of this chapter.
[ 2022 c 179 § 13.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.005 - Purpose of chapter.

RCW 70A.545.005
Purpose of chapter. (Expires July 1, 2030.)
The purpose of this chapter is to create a state financial assurance program that adequately protects public health and safety and the environment from impacts due to petroleum underground storage tank system releases and meets the federal requirements for financial assurance so that a petroleum release will be appropriately addressed. The program focuses on prevention of releases, responsiveness to any release, and emphasizes remediation of releases in areas of risk for drinking water impacts or to equitably protect human health and the environment in communities that are marginalized, overburdened, and underserved. The program is administered by the pollution liability insurance agency.
[ 2023 c 170 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.030 - Fee to recover cost of program administration.

RCW 70A.545.030
Fee to recover cost of program administration. (Expires July 1, 2030.)
The agency must by rule establish a fee to recover from owners and operators of registered petroleum underground storage tanks the cost of administering the program. The fee may be collected on an annual basis and may not exceed $25,000 per petroleum underground storage tank per year.
[ 2023 c 170 § 4.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.040 - Return of payments to agency.

RCW 70A.545.040
Return of payments to agency. (Expires July 1, 2030.)
(1) The agency may require an owner or operator to return any cost overpayment made by the agency under this chapter. If the cost overpayment is not returned upon request by the agency:
(a) The agency may file a lien on the petroleum underground storage tank facility or other property owned by the owner or operator under RCW 70A.545.070 to recover the cost overpayment; and
(b) The attorney general, at the request of the agency, may commence a civil action against the owner or operator in superior court to recover the cost overpayment and the agency's administrative and legal expenses to recover the cost overpayment.
(2) The agency may require an owner or operator to return any cost payment made by the agency under this chapter if the owner or operator misrepresents or omits a fact relevant to a determination made by the agency under this chapter or if the owner or operator fails to complete the remedial action that the agency determined at the time of the cost payment to be necessary to adequately address the release. If the cost payment is not returned as required by the agency:
(a) The agency may file a lien on the petroleum underground storage tank facility or other property owned by the owner or operator under RCW 70A.545.070 to recover the cost payment; and
(b) The attorney general, at the request of the agency, may commence a civil action against the owner or operator in superior court to recover:
(i) The cost payment;
(ii) A civil penalty as determined by the court up to the full amount of the cost payment, if the agency's repayment request is based on willful actions of the owner or operator; and
(iii) The agency's administrative and legal expenses to recover the cost payment.
(3) If a person, with intent to defraud, submits a loss declaration form, or issues an invoice or other demand for payment under this chapter with knowledge that it is false in whole or in part, and with knowledge that it is being submitted to the agency for cost payment, the agency may require that the person return any cost payment received based on the false loss declaration form, invoice, or other demand for payment. If the cost payment is not returned as required by the agency:
(a) The agency may file a lien on the petroleum underground storage tank facility or other property owned by the owner or operator under RCW 70A.545.070 to recover the cost payment; and
(b) The attorney general, at the request of the agency, may commence a civil action against the person in superior court to recover:
(i) The cost payment;
(ii) A civil penalty as determined by the court up to the full amount of the cost payment; and
(iii) The agency's administrative and legal expenses to recover the cost payment.
[ 2023 c 170 § 5.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.050 - Remedial actions—Required conditions.

RCW 70A.545.050
Remedial actions—Required conditions. (Expires July 1, 2030.)
(1) The agency may conduct remedial actions to investigate or clean up a release from a petroleum underground storage tank registered under the state financial assurance program if the following conditions are met:
(a) The owner or operator has received, or is eligible to receive, funding for remedial actions under the program; and
(b) The owner or operator provides consent for the agency to:
(i) Conduct the remedial actions; and
(ii) Enter upon the real property to conduct the remedial actions.
(2) The agency may not expend more per occurrence to take remedial action under this section than the financial assurance limits specified in RCW 70A.545.020.
[ 2023 c 170 § 6.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.060 - Remedial actions on unregistered storage tanks—Required conditions.

RCW 70A.545.060
Remedial actions on unregistered storage tanks—Required conditions. (Expires July 1, 2030.)
(1) The agency may conduct remedial actions to investigate or clean up a release from a petroleum underground storage tank, even if the petroleum underground storage tank is not registered under the state financial assurance program, if the following conditions are met:
(a) The release occurs in an area of risk for drinking water impacts or where addressing the release is necessary to equitably protect human health and the environment in communities that have been marginalized, overburdened, and underserved;
(b) The owner or operator, or owner of the property where the petroleum underground storage tank is located, provides consent for the agency to:
(i) Conduct the remedial actions;
(ii) Enter upon the real property to conduct the remedial actions; and
(iii) Recover the costs of the remedial actions from the owner or operator or potentially liable persons; and
(c) The owner of the petroleum underground storage tank facility consents to the agency filing a lien on the facility under RCW 70A.545.070 to recover the agency's remedial action costs.
(2) The agency may seek recovery of any remedial action costs incurred by the agency under this section from any liable person. The agency may file a lien on the petroleum underground storage tank facility under RCW 70A.545.070 to recover the agency's remedial action costs. The attorney general, at the request of the agency, may commence a civil action against any liable person to recover the agency's remedial action costs.
[ 2023 c 170 § 7.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.080 - Deposit of moneys into the pollution liability insurance program trust account.

RCW 70A.545.080
Deposit of moneys into the pollution liability insurance program trust account. (Expires July 1, 2030.)
(1) The following moneys must be deposited into the pollution liability insurance program trust account created in RCW 70A.325.020:
(a) All moneys appropriated by the legislature to pay for the agency's operating costs to carry out the purposes of this chapter;
(b) All fees or contributions collected from owners or operators under RCW 70A.545.030;
(c) Any recovery of remedial action costs incurred by the agency under chapter 170, Laws of 2023; and
(d) Any payments recovered or civil penalties collected by the agency under RCW 70A.545.040.
(2) Moneys in the pollution liability insurance program trust account created in RCW 70A.325.020 may be used by the agency to carry out the purposes of this chapter.
[ 2023 c 170 § 9.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.090 - Agency's duty to monitor program.

RCW 70A.545.090
Agency's duty to monitor program. (Expires July 1, 2030.)
(1) The agency must monitor the performance of the state financial assurance program and, after the end of each biennium, publish a financial report on the program showing administrative and other expenses paid from the program.
(2) For each calendar quarter, the agency must determine the loss and surplus reserves required for the state financial assurance program. The agency must notify the department of revenue of this amount by the 15th day of each calendar quarter.
[ 2023 c 170 § 10.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.100 - Rule-making authority—Agency—Department of ecology.

RCW 70A.545.100
Rule-making authority—Agency—Department of ecology. (Expires July 1, 2030.)
(1) The agency must adopt rules under chapter 34.05 RCW as necessary to carry out the provisions of this chapter. To accelerate remedial actions, the agency may implement the program through interpretative guidance pending adoption of rules.
(2) The department of ecology must adopt rules under chapter 34.05 RCW to enable use of the program authorized under this chapter to meet the financial responsibility requirements of chapter 70A.355 RCW. The rules must be consistent with and no less stringent than the federal regulations.
[ 2023 c 170 § 11.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.110 - Review of agency decisions.

RCW 70A.545.110
Review of agency decisions. (Expires July 1, 2030.)
(1) A person may request a review by the director of the following agency decisions by submitting a written request, specifying the basis for the review, in accordance with procedures established by the agency:
(a) A denial of program eligibility;
(b) A denial of eligibility for payment under the program;
(c) Amount of payment allowed for remedial actions;
(d) Amount of payment allowed for a third-party claim; and
(e) An agency request for cost repayment under RCW 70A.545.040.
(2) A person has 45 days after the decision to file a written request for review with the director. If the written request for review is received within 45 days, the director shall conduct an adjudicative hearing under chapter 34.05 RCW.
[ 2023 c 170 § 12.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.120 - Limitation of liability/responsibility.

RCW 70A.545.120
Limitation of liability/responsibility. (Expires July 1, 2030.)
(1) Nothing in this chapter establishes or creates any liability or responsibility on the part of the agency or the state as administrators of the program to pay any costs for remedial actions or third-party claims from any source other than the pollution liability insurance program trust account.
(2) The agency and the state as administrators of the program have no liability or responsibility to make payments for remedial action costs or third-party claims if the moneys in the account are insufficient.
(3) If the moneys in the account are insufficient to make the payments at the time the loss declaration form is filed, these requests must be paid in the order of filing at such time as moneys accrue in the account, except for releases from a petroleum underground storage tank that present an imminent threat to human health and the environment must receive first priority for receiving moneys to eliminate the imminent threat.
[ 2023 c 170 § 13.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.130 - Immunity from civil liability.

RCW 70A.545.130
Immunity from civil liability. (Expires July 1, 2030.)
Officers, employees, and authorized representatives of the agency and the state of Washington are immune from civil liability and no cause of action of any nature may arise from any act or omission in exercising powers and duties under this chapter.
[ 2023 c 170 § 14.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.545 - Petroleum Underground Storage Tanks—Financial Assurance Program. › 70A.545.140 - Limit of chapter's authority.

RCW 70A.545.140
Limit of chapter's authority. (Expires July 1, 2030.)
(1) Nothing in this chapter limits the authority of the department of ecology under chapter 70A.305 RCW.
(2) Nothing in this chapter affects or modifies the obligations or liability of any person under any other state or federal law.
(3) The agency is authorized to recover the costs of remedial actions conducted by the agency under chapter 170, Laws of 2023, including the use of cost recovery options in the model toxics control act, chapter 70A.305 RCW, or other applicable state or federal laws.
[ 2023 c 170 § 15.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.550 - Wind Energy Facilities—Light Pollution. › 70A.550.010 - Definitions.

RCW 70A.550.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aircraft detection lighting system" means a sensor-based system that:
(a) Is designed to detect approaching aircraft;
(b) Automatically activates appropriate obstruction lights until the lights are no longer needed by the aircraft; and
(c) The federal aviation administration has approved as meeting the requirements set forth in chapter 10 of the federal aviation administration's 2020 advisory circular AC 70/7460-1M, "Obstruction marking and lighting."
(2)"Department" means the department of ecology.
(3) "Hub height" means the distance from the ground to the middle of a wind turbine's rotor.
(4) "Light-mitigating technology system" means aircraft detection lighting or another federal aviation administration-approved system capable of reducing the impact of aviation obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with a utility-scale wind energy facility.
(5) "Repowering" means a rebuild or refurbishment of a turbine or facility that is required due to the turbine or facility reaching the end of its useful life or useful reasonable economic life. The rebuild or refurbishment does not constitute repowering if it is part of routine major maintenance or the maintenance of or replacement of equipment that does not materially affect the expected physical or economical life of the turbine or facility.
(6) "Utility-scale wind energy facility" means a facility used in the generation of electricity by means of turbines or other devices that capture and employ the kinetic energy of the wind and:
(a) Is required under federal aviation administration regulations, guidelines, circulars, or standards, as they existed as of January 1, 2023, to have obstruction lights; or
(b) Has at least one obstruction light and at least one wind turbine with a hub height of at least 75 feet above ground level.
[ 2023 c 344 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.550 - Wind Energy Facilities—Light Pollution. › 70A.550.020 - Aircraft detection lighting system—Installation of a light-mitigating technology system.

RCW 70A.550.020
Aircraft detection lighting system—Installation of a light-mitigating technology system.
(1) Except as provided in *section 3 of this act, beginning July 1, 2023, no new utility-scale wind energy facility with five or more turbines shall commence operations unless the developer, owner, or operator of the facility applies to the federal aviation administration for installation of a light-mitigating technology system that complies with federal aviation administration regulations, as they existed as of July 23, 2023. If approved by the federal aviation administration, the developer, owner, or operator of such utility-scale wind energy facility shall install the light-mitigating technology system on approved turbines within 24 months after receipt of such approval. If not approved by the federal aviation administration, the developer, owner, or operator of such utility-scale wind energy facility is not subject to this chapter.
(2) Except as provided in *section 3 of this act, beginning January 1, 2028, or upon the completion of repowering, whichever is earlier, any developer, owner, or operator of a utility-scale wind energy facility with five or more turbines that has commenced operations without an aircraft detection lighting system shall apply to the federal aviation administration for installation and operation of a light-mitigating technology system that achieves comparable light mitigation outcomes to an aircraft detection lighting system and that complies with federal aviation administration regulations, as they existed as of July 23, 2023. If approved by the federal aviation administration, the developer, owner, or operator of such utility-scale wind energy facility shall install the light-mitigating technology system on approved turbines within 24 months following such approval. If not approved by the federal aviation administration, the developer, owner, or operator of such utility-scale wind energy facility is not subject to this chapter.
(3) A developer, owner, or operator of a utility-scale wind energy facility shall comply with any wind energy ordinance adopted by a legislative authority of a county pursuant to *section 3 of this act.
(4) Nothing in this section requires mitigation of light pollution to be carried out in a manner that conflicts with federal requirements, including requirements of the federal aviation administration or the United States department of defense.
[ 2023 c 344 § 2.]
NOTES:
*Reviser's note: Section 3, chapter 344, Laws of 2023 was vetoed by the governor.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.550 - Wind Energy Facilities—Light Pollution. › 70A.550.030 - Penalty—Enforcement—Rule-making authority.

RCW 70A.550.030
Penalty—Enforcement—Rule-making authority.
(1) A violation of the requirements of this chapter is punishable by a civil penalty of up to $5,000 per day per violation. Penalties are appealable to the pollution control hearings board.
(2)(a) The department may enforce the requirements of this chapter.
(b) Enforcement of this chapter by the department must rely on notification and information exchange between the department and utility-scale wind energy facility owners or operators. The department must prepare and distribute information regarding this chapter to utility-scale wind energy facility owners and operators to help facility owners and operators in their advance planning to meet the deadlines.
(c)(i) If the department obtains information that a facility is not in compliance with the requirements of this chapter, the department may issue a notification letter by certified mail to the facility owner or operator and offer information or other appropriate assistance regarding compliance with this chapter. If compliance is not achieved within 60 days of the issuance of a notification letter under this subsection, the department may assess penalties under this section.
(ii) The department may delay any combination of the issuance of a notification letter under this subsection (2)(c), the 60-day period in which compliance with the requirements of this chapter must be achieved, or the imposition of penalties for good cause shown due to:
(A) Supply chain constraints, including lack of light-mitigating technology system availability;
(B) Lack of contractor availability;
(C) Lighting system permitting delays; or
(D) Technological feasibility considerations.
(3) A utility-scale wind energy facility owner or operator of a facility that has commenced operations prior to January 1, 2023, that applies for the approval of a light-mitigating technology system to the federal aviation administration prior to January 1, 2027, but that has not received a determination to approve the system by the federal aviation administration as of July 1, 2027, may not be assessed a penalty under this chapter until at least 24 months after the federal aviation administration issues its determination on the application of the utility-scale wind energy facility's proposed light-mitigating technology system.
(4) The department may adopt by rule a light mitigation standard that references a more recent version of any federal requirements referenced in RCW 70A.550.020 in order to maintain consistency between this chapter and federal aviation administration requirements.
[ 2023 c 344 § 4.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.005 - Findings.

RCW 70A.555.005
Findings.
The legislature finds that:
(1) It is in the public interest of the citizens of Washington to encourage the recovery and reuse of materials, such as metals, that replace the output of mining and other extractive industries.
(2) Without a dedicated battery stewardship program, battery user confusion regarding proper disposal options will continue to persist.
(3) Ensuring the proper handling, recycling, and end-of-life management of used batteries prevents the release of toxic materials into the environment and removes materials from the waste stream that, if mishandled, may present safety concerns to workers, such as by igniting fires at solid waste handling facilities. For this reason, batteries should not be placed into commingled recycling containers or disposed of via traditional garbage collection containers.
(4) Jurisdictions around the world have successfully implemented battery stewardship laws that have helped address the challenges posed by the end-of-life management of batteries. Because it is difficult for customers to differentiate between types and chemistries of batteries, it is the best practice for battery stewardship programs to collect all battery types and chemistries. Furthermore, it is appropriate for larger batteries used in emerging market sectors such as electric vehicles, solar power arrays, and data centers, to be managed to ensure environmentally positive outcomes similar to those achieved by a battery stewardship program, both because of the potential economic value of large batteries used for these purposes and the anticipated profusion of these larger batteries as these market sectors mature.
[ 2023 c 434 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.020 - Requirement that producers implement a stewardship plan.

RCW 70A.555.020
Requirement that producers implement a stewardship plan.
Beginning January 1, 2027:
(1) Each producer selling, making available for sale, or distributing covered batteries or battery-containing products in or into the state of Washington shall participate in an approved Washington state battery stewardship plan through participation in and appropriate funding of a battery stewardship organization; and
(2) A producer that does not participate in a battery stewardship organization and battery stewardship plan may not sell covered batteries or battery-containing products covered by this chapter in or into Washington.
[ 2023 c 434 § 3.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.030 - Role of retailers.

RCW 70A.555.030
Role of retailers.
(1) Beginning July 1, 2027, for portable batteries, and July 1, 2029, for medium format batteries, a retailer may not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product unless the producer of the covered battery or battery-containing product certifies to the retailer that the producer participates in a battery stewardship organization whose plan has been approved by the department.
(2) A retailer is in compliance with the requirements of subsection (1) of this section and is not subject to penalties under RCW 70A.555.110 as long as the website made available by the department under RCW 70A.555.100 lists, as of the date a product is made available for retail sale, a producer or brand of covered battery or battery-containing product sold by the retailer as being a participant in an approved plan or the implementer of an approved plan.
(3) Retailers of covered batteries or battery-containing products are not required to make retail locations available to serve as collection sites for a stewardship program operated by a battery stewardship organization. Retailers that serve as a collection site must comply with the requirements for collection sites, consistent with RCW 70A.555.070.
(4) A retailer may not sell, offer for sale, distribute, or otherwise make available for sale covered batteries, unless those batteries are marked consistent with the requirements of RCW 70A.555.130. A producer of a battery-containing product containing a covered battery must certify to the retailers of their product that the battery contained in the battery-containing product is marked consistent with the requirements of RCW 70A.555.130. A retailer may rely on this certification for purposes of compliance under this subsection.
(5) A retailer selling or offering covered batteries or battery-containing products for sale in Washington may provide information, provided to the retailer by the battery stewardship organization, regarding available end-of-life management options for covered batteries collected by the battery stewardship organization. The information that a battery stewardship organization must make available to retailers for voluntary use by retailers must include, but is not limited to, 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.
(6) Retailers, producers, or battery stewardship organizations may not charge a specific point-of-sale fee to consumers to cover the administrative or operational costs of the battery stewardship organization or the battery stewardship program.
[ 2023 c 434 § 4.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.050 - Stewardship program components—Performance goals.

RCW 70A.555.050
Stewardship program components—Performance goals.
(1) Each battery stewardship plan must include performance goals that measure, on an annual basis, the achievements of the program. Performance goals must take into consideration technical feasibility and economic practicality in achieving continuous, meaningful progress in improving:
(a) The rate of battery collection for recycling in Washington;
(b) The recycling efficiency of the program; and
(c) Public awareness of the program.
(2) The performance goals established in each battery stewardship plan must include, but are not limited to:
(a) Target collection rates;
(b) Target recycling efficiency rates of at least 60 percent for rechargeable batteries and at least 70 percent for primary batteries; and
(c) Goals for public awareness, convenience, and accessibility that meet or exceed the minimum requirements established in RCW 70A.555.070.
[ 2023 c 434 § 6.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.100 - Rule making—Fees—Department's duties.

RCW 70A.555.100
Rule making—Fees—Department's duties.
(1) The department must adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter. The department must by rule establish fees, to be paid annually by a battery stewardship organization, that are adequate to cover the department's full costs of implementing, administering, and enforcing this chapter and allocates costs between battery stewardship organizations, if applicable. All fees must be based on costs related to implementing, administering, and enforcing this chapter, not to exceed expenses incurred by the department for these activities.
(2) The responsibilities of the department in implementing, administering, and enforcing this chapter include, but are not limited to:
(a) Reviewing submitted stewardship plans and plan amendments and making determinations as to whether to approve the plan or plan amendment;
(i) The department must provide a letter of approval for the plan or plan amendment if it provides for the establishment of a stewardship program that meets the requirements of RCW 70A.555.020 through 70A.555.080;
(ii) If a plan or plan amendment is rejected, the department must provide the reasons for rejecting the plan to the battery stewardship organization. The battery stewardship organization must submit a new plan within 60 days after receipt of the letter of disapproval; and
(iii) When a plan or an amendment to an approved plan is submitted under this section, the department shall make the proposed plan or amendment available for public review and comment for at least 30 days;
(b) Reviewing annual reports submitted under RCW 70A.555.090 within 90 days of submission to ensure compliance with that section;
(c)(i) Maintaining a website that lists producers and their brands that are participating in an approved plan, and that makes available to the public each plan, plan amendment, and annual report received by the department under this chapter;
(ii) Upon the date the first plan is approved, the department must post on its website a list of producers and their brands for which the department has approved a plan. The department must update the list of producers and brands participating under an approved program plan based on information provided to the department from battery stewardship organizations; and
(d) Providing technical assistance to producers and retailers related to the requirements of this chapter and issuing orders or imposing civil penalties authorized under RCW 70A.555.110 where the technical assistance efforts do not lead to compliance by a producer or retailer.
(3) Beginning January 1, 2032, and every five years thereafter, after consultation with battery stewardship organizations, the department may by rule increase the minimum recycling efficiency rates established in RCW 70A.555.050 based on the most economically and technically feasible processes and methodology available.
[ 2023 c 434 § 11.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.120 - Responsible battery management account.

RCW 70A.555.120
Responsible battery management account.
The responsible battery management account is created in the custody of the state treasurer. All receipts from fees paid under this chapter must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Moneys in the account may be used solely by the department for administering, implementing, and enforcing the requirements of this chapter. Funds in the account may not be diverted for any purpose or activity other than those specified in this section.
[ 2023 c 434 § 13.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.130 - Marking requirements for batteries.

RCW 70A.555.130
Marking requirements for batteries.
(1) Beginning January 1, 2028, a producer or retailer may only sell, distribute, or offer for sale in or into Washington a large format battery, covered battery, or battery-containing product that contains a battery that is designed or intended to be easily removable from the product, if the battery is:
(a) Marked with an identification of the producer of the battery, unless the battery is less than one-half inch in diameter or does not contain a surface whose length exceeds one-half inch; and
(b) Beginning January 1, 2030, marked with proper labeling to ensure proper collection and recycling, by identifying the chemistry of the battery and including an indication that the battery should not be disposed of as household waste.
(2) A producer shall certify to its customers, or to the retailer if the retailer is not the customer, that the requirements of this section have been met, as provided in RCW 70A.555.030.
(3) The department may amend, by rule, the requirements of subsection (1) of this section to maintain consistency with the labeling requirements or voluntary standards for batteries established in federal law.
[ 2023 c 434 § 14.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.140 - General battery disposal and collection requirements.

RCW 70A.555.140
General battery disposal and collection requirements.
Effective July 1, 2027, for portable batteries and July 1, 2029, for medium format batteries, or the first date on which an approved plan begins to be implemented under this chapter by a battery stewardship organization, whichever comes first:
(1) All persons must dispose of unwanted covered batteries through one of the following disposal options:
(a) Disposal using the collection sites established by or included in the programs created by this chapter;
(b) For covered batteries generated by persons that are regulated generators of covered batteries under federal or state hazardous or solid waste laws, disposal in a manner consistent with the requirements of those laws; or
(c) Disposal using local government collection facilities that collect batteries consistent with RCW 70A.555.070(4)(c).
(2)(a) A fee may not be charged at the time unwanted covered batteries are delivered or collected for management.
(b) All covered batteries may only be collected, transported, and processed in a manner that meets the standards established for a battery stewardship organization in a plan approved by the department, unless the batteries are being managed as described in subsection (1)(b) of this section.
(3) A person may not place covered batteries in waste containers for disposal at incinerators, waste to energy facilities, or landfills.
(4) A person may not place covered batteries in or on a container for mixed recyclables unless there is a separate location or compartment for the covered battery that complies with local government collection standards or guidelines.
(5) An owner or operator of a solid waste facility may not be found in violation of this section if the facility has posted in a conspicuous location a sign stating that covered batteries must be managed through collection sites established by a battery stewardship organization and are not accepted for disposal.
(6) A solid waste collector may not be found in violation of this section for a covered battery placed in a disposal container by the generator of the covered battery.
[ 2023 c 434 § 15.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.160 - Antitrust provisions.

RCW 70A.555.160
Antitrust provisions.
Producers or battery stewardship organizations acting on behalf of producers that prepare, submit, and implement a battery stewardship program plan pursuant to this chapter and who are thereby subject to regulation by the department are granted immunity from state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce, for the limited purpose of planning, reporting, and operating a battery stewardship program, including:
(1) The creation, implementation, or management of a battery stewardship organization and any battery stewardship plan regardless of whether it is submitted, denied, or approved;
(2) The determination of the cost and structure of a battery stewardship plan; and
(3) The types or quantities of batteries being recycled or otherwise managed pursuant to this chapter.
[ 2023 c 434 § 18.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.555 - Batteries—Environmental Stewardship. › 70A.555.170 - Authority of the utilities and transportation commission.

RCW 70A.555.170
Authority of the utilities and transportation commission.
Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide the service itself or by contract under RCW 81.77.020.
[ 2023 c 434 § 19.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.560 - Cosmetic Products—Toxic Chemicals. › 70A.560.005 - Finding—Intent.

RCW 70A.560.005
Finding—Intent.
(1) The legislature finds that certain chemicals used in cosmetic products are linked to harmful impacts on health, such as cancer, birth defects, damage to the reproductive system, organ system toxicity, and endocrine disruption. Many of these chemicals have been identified by the state of Washington as high priority chemicals of concern.
(2) In order to ensure the safety of cosmetic products and protect Washington residents from toxic exposures, the legislature intends to prohibit use of toxic chemicals found in cosmetic and personal care products and join other jurisdictions in creating a safer global standard for cosmetic products and bringing more sustainable, safer ingredients to the marketplace.
[ 2023 c 455 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.560 - Cosmetic Products—Toxic Chemicals. › 70A.560.010 - Definitions.

RCW 70A.560.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Cosmetic product" has the same meaning as the term "cosmetic" as defined in RCW 69.04.011.
(2) "Department" means the department of ecology.
(3) "Manufacturer" has the same meaning as defined in RCW 70A.350.010.
(4) "Ortho-phthalates" means esters of ortho-phthalic acid.
(5) "Perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as defined in RCW 70A.350.010.
(6) "Small business" has the same meaning as defined in RCW 70A.500.020.
(7) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010.
[ 2023 c 455 § 2.]