Improving the end-of-life management of electric vehicle batteries.

AN ACT Relating to improving the end-of-life management of 1 electric vehicle batteries; amending RCW 70A.205.505 and 70A.555.010; 2 reenacting and amending RCW 43.21B.110 and 43.21B.300; adding a new 3 chapter to Title 70A RCW; and prescribing penalties.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 NEW SECTION. Sec. 1. (1) In addition to the findings described 6 in RCW 70A.555.005, the legislature finds that: 7 (a) In 2023, the legislature enacted producer responsibility 8 requirements for most types of smaller and medium-sized batteries, 9 but elected to further study how to best manage electric vehicle 10 batteries prior to establishing producer responsibility requirements 11 for such batteries; 12 (b) In January of 2024, the state of New Jersey enacted the 13 nation's first producer responsibility law focused on electric 14 vehicle batteries; and 15 (c) The state of California has taken important steps that will 16 facilitate electric vehicle battery recycling, including by 17 establishing requirements for electric vehicle battery labeling.18 (2) Therefore, it is the intent of the legislature to make 19 producers responsible for the end-of-life management of electric 20 vehicle batteries, in order to ensure economically and 21 H-0634.1 HOUSE BILL 1550 State of Washington 69th Legislature 2025 Regular Session By Representatives Street, Doglio, Mena, Hunt, Ramel, and Berry p. 1 HB 1550 environmentally beneficial use of the valuable resources contained in 1 electric vehicle batteries. 2 NEW SECTION. Sec. 2. The definitions in this section apply 3 throughout this chapter unless the context clearly requires 4 otherwise.5 (1)(a) "Authorized propulsion battery recycler" means an entity 6 or facility authorized by the department or an equivalent agency in 7 another state to collect, sort, separate, and refine the elemental 8 components of end-of-life propulsion batteries, or battery materials, 9 and to refine the elemental components back to usable battery 10 chemicals that include, without limitation, nickel sulfates, cobalt 11 sulfate, and lithium salts. 12 (b) "Authorized propulsion battery recycler" does not include 13 entities or facilities that are engaged only in the collection or 14 logistics of moving materials for recycling. 15 (2) "Authorized propulsion battery transporter" means a person 16 authorized, under a battery management plan developed and approved 17 under sections 5 and 6 of this act, to transport propulsion batteries 18 for the purpose of recycling. 19 (3) "Battery cell" means the basic electrochemical component of a 20 battery, which provides a source of electrical energy and which 21 consists of an assembly of a cathode, an anode, and an electrolyte.22 (4) "Battery management plan" means a plan for the collection, 23 transportation, remanufacturing, reuse, recycling and disposal, using 24 environmentally sound management practices, of used propulsion 25 batteries prepared under section 6 of this act. 26 (5) "Battery module" means an array of multiple battery cells 27 connected in a series or parallel and encased in one structure.28 (6) "Department" means the department of ecology.29 (7) "Environmentally sound management practices" mean the 30 policies and procedures for the collection, transportation, reuse, 31 and recycling or disposal of used electric vehicle batteries, 32 implemented by a producer to ensure compliance with all applicable 33 federal, state, and local laws, rules, regulations, and ordinances, 34 to protect human health, safety, and the environment, and to provide 35 for adequate recordkeeping, tracking, and documentation of the 36 disposal of used propulsion batteries within the state.37 (8) "Producer" means a person responsible for a propulsion 38 battery, as provided in section 5 of this act. 39 p. 2 HB 1550 (9)(a) "Propulsion battery" means an electrical energy storage 1 device, consisting of one or more individual battery modules or 2 battery cells, which are used to supply power to propel an electric 3 or hybrid road vehicle. 4 (b) "Propulsion battery" includes, without limitation, lithium-5 ion batteries and nickel-metal hydride batteries. 6 (c) "Propulsion battery" does not include a starter battery or a 7 battery used for, or embedded in, products for industrial 8 applications. 9 (10) "Remanufacture" means any repair or modification to a 10 propulsion battery that results in the complete battery, or any 11 battery modules or battery cells of the battery, being used for the 12 same purpose or application as the one for which the battery was 13 originally designed. 14 (11) "Repurpose" means any operation to a propulsion battery that 15 results in the complete battery, or any battery modules or battery 16 cells of the battery, being used for a different purpose or 17 application than the one for which the battery was originally 18 designed. 19 (12) "Reuse" means the use of a propulsion battery in another 20 vehicle of the same type, which does not require modification to the 21 battery. 22 (13) "Solid waste" has the same meaning as provided in RCW 23 70A.205.015. 24 (14) "Solid waste collection company" has the same meaning as 25 defined in RCW 70A.205.160. 26 (15) "Solid waste handling facility" means a facility required to 27 obtain a solid waste handling permit consistent with RCW 70A.205.125.28 NEW SECTION. Sec. 3. (1) Beginning January 1, 2028, a producer 29 may not sell a new propulsion battery in or into the state, whether 30 embedded in a vehicle or not, unless the propulsion battery includes 31 a permanent label providing information about the battery, in 32 accordance with rules adopted by the department. 33 (2) Any person who remanufactures or repurposes a propulsion 34 battery must relabel the remanufactured or repurposed propulsion 35 battery in accordance with the labeling standards adopted by the 36 department prior to selling, importing, or distributing the 37 propulsion battery for use in or into the state. 38 p. 3 HB 1550 NEW SECTION. Sec. 4. (1) Beginning June 1, 2029, unless 1 authorized by the department, a solid waste collection company or 2 solid waste handling facility must not knowingly accept for disposal, 3 a propulsion battery, or any module or cell of such a battery, or a 4 truckload or roll-off container of solid waste containing a 5 propulsion battery, or any module or cell of such a battery.6 (2) The owner or operator of a solid waste handling facility may 7 refuse to accept for disposal, a propulsion battery, or any module or 8 cell of such a battery, or any truckload or roll-off container of 9 solid waste containing a propulsion battery, or any module or cell of 10 such a battery. 11 NEW SECTION. Sec. 5. (1) By June 1, 2027, the department must 12 adopt rules establishing standards and criteria for battery 13 management plans submitted under this section.14 (2) By January 1, 2028, each producer of propulsion batteries 15 sold within the state, either individually or as a part of a group of 16 producers must, in consultation with the department, develop and 17 submit a battery management plan to the department for review and 18 approval under section 6 of this act. The plan must provide for 19 producers to be responsible for the collection and management of the 20 producer's used propulsion batteries that are offered to the producer 21 for return by the current propulsion battery owner. The plan may 22 include a complete vehicle return program, a propulsion battery 23 return program, or any other such program approved by the department.24 (3) A producer is responsible for the end-of-life management of a 25 propulsion battery under this act as follows: 26 (a) For a propulsion battery embedded in a vehicle that is sold 27 in the state, or sold or distributed in or into the state by remote 28 sale or distribution: 29 (i) If the propulsion battery is sold in a vehicle under the 30 vehicle manufacturer's own brand, the vehicle manufacturer is 31 responsible for the battery; 32 (ii) If the propulsion battery is sold in a vehicle under a 33 different brand than that of the vehicle manufacturer, the person 34 that is the licensee of the brand or trademark under which the 35 vehicle is sold, offered for sale, or distributed in or into the 36 state, whether or not the trademark is registered in the state, is 37 responsible for the battery; 38 p. 4 HB 1550 (iii) If there is no person described in (a)(i) or (ii) of this 1 subsection within the United States, the person that imports the 2 propulsion battery-containing vehicle into the United States for 3 sale, offering for sale, or distribution in or into the state is 4 responsible for the battery; and 5 (iv) If there is no person described in (a)(i) through (iii) of 6 this subsection, the person that first distributes the propulsion 7 battery in or into this state is responsible for the battery.8 (b) For a propulsion battery that is sold in the state, or sold 9 or distributed in or into the state by remote sale or distribution, 10 and which is not embedded in a vehicle: 11 (i) If the propulsion battery was manufactured in the United 12 States, and has not been remanufactured or repurposed, the battery 13 manufacturer is responsible for the battery; 14 (ii) Except as provided in (b)(iii) of this subsection, if the 15 propulsion battery has been remanufactured or repurposed in the 16 United States, the person that remanufactures or repurposes the 17 battery is responsible for the battery; 18 (iii) If there is no person described in (b)(i) or (ii) of this 19 subsection, the person that imports the propulsion battery into the 20 United States for sale, offering for sale, or distribution in or into 21 the state is responsible for the battery; and 22 (iv) If there is no person described in (b)(i) through (iii) of 23 this subsection, the person that first distributes the propulsion 24 battery in or into this state is responsible for the battery.25 (c) The original producer of a propulsion battery is not 26 responsible for the management of a battery that a secondary producer 27 has remanufactured or repurposed unless: 28 (i) The secondary producer is in a contractual relationship with 29 the original producer, which provides for the retention of 30 responsibility for the end-of-life management of the propulsion 31 battery by the primary producer; and 32 (ii) The contract has been provided to the department as part of 33 a battery management plan or through another means approved by the 34 department. 35 NEW SECTION. Sec. 6. (1) A producer must prepare and submit a 36 battery management plan under this section, which must include, at a 37 minimum:38 p. 5 HB 1550 (a) Methods that will be used to accept and transport the used 1 propulsion batteries or complete vehicles offered to the producer, 2 including proposed collection services, and the role of vehicle 3 recyclers and authorized propulsion battery recyclers;4 (b) Processes and methods that will be utilized to remanufacture, 5 repurpose, or recycle propulsion batteries that have reached the end 6 of their service life including, as applicable, the identity of 7 authorized propulsion battery recyclers to be utilized under the 8 battery management plan and a plan for final disposal of such 9 batteries, in accordance with environmentally sound management 10 practices; 11 (c) A strategy for informing electric vehicle owners, vehicle 12 repair facilities, and vehicle dismantlers in the state about the 13 requirement to properly manage propulsion batteries, the 14 environmental impact of the improper handling or disposal of used 15 propulsion batteries, and the mechanisms for the management of 16 propulsion batteries that are available under the plan;17 (d) The methods that will be used to implement and finance the 18 battery management plan; and 19 (e) Any other information, policies, or procedures the department 20 deems appropriate. 21 (2) A battery management plan must provide for the financing of 22 the collection, transportation, remanufacturing, reuse, recycling, or 23 disposal of used propulsion batteries. When a producer is required to 24 provide for the management of the used propulsion batteries, the 25 costs of such financing must be borne by the producer of that 26 propulsion battery. 27 (3) Any entity that becomes a producer after the effective date 28 of this section must receive approval from the department of its 29 battery management plan prior to manufacturing, selling, offering for 30 sale, or importing a propulsion battery in or into the state, and 31 must otherwise comply with this chapter. 32 (4) A battery management plan must be reviewed and updated at 33 least once every five years, or as necessary. 34 (5) Each person or entity authorized to manage a used propulsion 35 battery as part of a battery management plan including, without 36 limitation, a vehicle repair facility, vehicle dismantler, authorized 37 propulsion battery recycler, scrapyard, dealership, showroom, or used 38 car lot, must be required to manage the propulsion battery under an 39 approved battery management plan. 40 p. 6 HB 1550 (6) If an organization is formed for the purposes of allowing a 1 group of producers to submit and implement a combined battery 2 management plan under this chapter, the organization must:3 (a) Be a tax exempt, nonprofit organization; 4 (b) Submit and implement a battery management plan that achieves 5 program goals established by the department; and 6 (c) Submit an annual audit report and annual budget to the 7 department. 8 (7) No later than 90 days after the department receives a 9 complete battery management plan, it must approve, approve in part, 10 or deny the plan. In making a determination under this subsection, 11 the department may solicit information from producers or other 12 stakeholders as the department deems appropriate. 13 (8)(a) If the department approves a battery management plan, the 14 producer must implement the plan within 90 days after receipt of 15 approval from the department or as otherwise agreed to by the 16 department. 17 (b)(i) If the department approves a battery management plan in 18 part, the department must indicate those portions of the plan that do 19 not comply with the requirements of this chapter or any rules adopted 20 under this chapter. 21 (ii) The producer must implement the components of the plan, as 22 approved, within six months after receipt of approval by the 23 department or as otherwise agreed to by the department, and submit a 24 revised battery management plan within 30 days after the receipt of 25 notification of the approval in part by the department to bring the 26 entire plan into compliance with the requirements of this chapter or 27 any rules adopted under this chapter. 28 (iii) The department must review and approve, conditionally 29 approve, or deny a revised battery management plan within 30 days 30 after receipt of the revised plan. 31 (c)(i) If the department denies a battery management plan, the 32 department must inform the producer of the reasons for denial.33 (ii) The producer must have 30 days after receipt of the denial 34 to submit a revised battery management plan to the department.35 (9) The department may impose additional plan requirements for 36 any portion of a battery management plan that does not comply with 37 the requirements of this chapter or any rules adopted under this 38 chapter, for a plan component that has not been approved under this 39 section. 40 p. 7 HB 1550 (10) The department may review a battery management plan approved 1 under this section and recommend modifications at any time upon 2 finding that the approved battery management plan, as implemented, is 3 deficient. 4 (11)(a) Within 90 days after the department's approval of a 5 battery management plan submitted in accordance with section 5 of 6 this act, the department must post, at a publicly accessible location 7 on its internet website, each battery management plan and a list 8 identifying each of the producers participating in the battery 9 management plan. 10 (b) A producer that submits information or records to the 11 department under this chapter may request that the information or 12 records be made available only for the confidential use of the 13 department, the director of the department, or the appropriate 14 division of the department. The director of the department must 15 consider the request and if this action is not detrimental to the 16 public interest and is otherwise in accordance with the policies and 17 purposes of chapter 43.21A RCW, the director must grant the request 18 for the information to remain confidential as authorized in RCW 19 43.21A.160. 20 NEW SECTION. Sec. 7. (1) A person seeking to discard an 21 unwanted propulsion battery may deliver the battery or the battery-22 containing vehicle, or may otherwise arrange for the collection and 23 delivery of the battery or vehicle as provided in the producer's 24 battery management plan, to:25 (a) A location designated by the producer of the battery, as 26 specified in the producer's battery management plan;27 (b) A vehicle recycler that has been authorized by the department 28 to handle, transport, and properly manage used propulsion batteries, 29 if the authorized vehicle recycler complies with the battery 30 management plan approved by the department for that propulsion 31 battery; or 32 (c) An authorized propulsion battery recycler, if the employees 33 of the authorized propulsion battery recycler receive mandatory 34 safety training to ensure the proper management and recycling of such 35 batteries. The department may require, develop, or select appropriate 36 training modules for this purpose or may allow a recycler to submit 37 its own safety training plan for approval. 38 p. 8 HB 1550 (2)(a) No producer of propulsion batteries may refuse to recover 1 a used propulsion battery that it has manufactured, branded, 2 imported, or embedded into a product in the state, if the battery is 3 collected from a location or using a mechanism designated by the 4 producer in its battery management plan. 5 (b) A producer must provide for the proper reuse, 6 remanufacturing, repurposing, or recycling of a propulsion battery 7 returned under this section in accordance with standards adopted by 8 the department by rule. 9 (c) This subsection does not apply to the original producer of a 10 propulsion battery that has been remanufactured, repurposed, branded, 11 imported, retailed, or embedded into a product by a secondary 12 producer, unless the secondary producer is in a contractual 13 relationship with the original producer in accordance with section 14 5(3)(c) of this act. 15 NEW SECTION. Sec. 8. (1) In implementing a battery management 16 plan approved under section 5 of this act, a producer must provide 17 consumers with educational materials related to the producer's 18 approved battery management plan and the collection services that are 19 available. The educational materials must include, without 20 limitation, information identifying the end-of-life management 21 options that are available for propulsion batteries through the 22 battery management plan, and a notice that, in Washington, the costs 23 of the services must be covered by the producer.24 (2) The department must establish a forum for the filing of 25 consumer complaints, which may include a complaint form on the 26 department's website or a telephone hotline, and a public education 27 program to ensure the widespread dissemination of information 28 concerning the purpose and requirements of this chapter.29 NEW SECTION. Sec. 9. (1) Beginning January 1, 2026, a producer 30 operating in the state must register with the department, or after 31 such date, within 30 days of becoming a producer under this chapter.32 (2) The department must establish an online registration program 33 for the purposes of this section on its internet website.34 NEW SECTION. Sec. 10. (1) Beginning January 1, 2027, and each 35 following January 1st, each producer must report to the department, 36 in a form and manner prescribed by the department, the number of 37 p. 9 HB 1550 propulsion batteries sold, offered for sale, or distributed in or 1 into the state by the producer. 2 (2) The annual report may include additional information, as 3 required by the department. 4 (3) The department must maintain a public list of producers that 5 do not comply with the provisions of this chapter. 6 NEW SECTION. Sec. 11. (1) By September 1, 2026, each producer 7 registered with the department must submit a one-time payment to the 8 department, in an amount determined by the department, to cover the 9 costs of the department under this chapter from the effective date of 10 this section through June 30, 2027.11 (2) By March 31, 2027, and each March 31st thereafter, the 12 department must determine the total annual registration fee to be 13 paid by each producer that is adequate to cover, but not exceed, the 14 costs to implement, administer, and enforce this chapter in the next 15 fiscal year. The department must consider the availability of any 16 funds submitted under subsection (1) or (3) of this section in 17 determining the annual registration fee, and must:18 (a) Apply any remaining fee payment funds from the current year 19 to the annual fee for the coming fiscal year, if the collected annual 20 fee exceed the costs of the department to implement, administer, and 21 enforce this chapter for a given year; and 22 (b) Increase annual fees for the coming fiscal year to cover the 23 costs of the department to implement, administer, and enforce this 24 chapter, if the collected annual fee was less than the amount 25 required to cover those costs for a given year. 26 (3) By May 1, 2027, and each May 1st thereafter, each producer 27 must submit an annual registration fee in an amount consistent with 28 the department's fee determination under subsection (2) of this 29 section. 30 (4) Fees received under this section must be deposited in the 31 electric vehicle battery recycling account created in section 12 of 32 this act. 33 NEW SECTION. Sec. 12. The electric vehicle battery recycling 34 account is created in the custody of the state treasurer. All fee 35 payments received by the department under this chapter must be 36 deposited in the account. Only the director of the department or the 37 director's designee may authorize expenditures from the account. The 38 p. 10 HB 1550 account is subject to the allotment procedures under chapter 43.88 1 RCW, but an appropriation is not required for expenditures. 2 Expenditures from the account may be used by the department only for 3 implementing, administering, and enforcing the requirements of this 4 chapter. 5 NEW SECTION. Sec. 13. (1)(a) The department may 6 administratively impose a civil penalty on a person who violates this 7 chapter in an amount of up to $1,000 per violation per day.8 (b) The department may administratively impose a civil penalty of 9 up to $10,000 per violation per day on a person for repeated 10 violations of this chapter. 11 (c) Penalties incurred under this section may be appealed to the 12 pollution control hearings board created in chapter 43.21B RCW .13 (d) Penalties imposed under this section must be deposited into 14 the model toxics control operating account created in RCW 15 70A.305.180. 16 (2) The department has the right to enter, at any time during 17 normal business hours and upon presentation of appropriate 18 credentials, the premises of a recycling center, vehicle recycler, or 19 producer of propulsion batteries to determine compliance with this 20 chapter. 21 NEW SECTION. Sec. 14. The department must adopt rules as 22 necessary to implement this chapter.23 Sec. 15. RCW 43.21B.110 and 2024 c 347 s 5, 2024 c 340 s 4, and 24 2024 c 339 s 16 are each reenacted and amended to read as follows:25 (1) The hearings board shall only have jurisdiction to hear and 26 decide appeals from the following decisions of the department, the 27 director, local conservation districts, the air pollution control 28 boards or authorities as established pursuant to chapter 70A.15 RCW, 29 local health departments, the department of natural resources, the 30 department of fish and wildlife, the parks and recreation commission, 31 and authorized public entities described in chapter 79.100 RCW :32 (a) Civil penalties imposed pursuant to chapter 70A.230 RCW and 33 RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.230.020, 34 70A.205.280, 70A.355.070, 70A.430.070, 70A.500.260, 70A.505.100, 35 70A.505.110, 70A.530.040, 70A.350.070, 70A.515.060, 70A.245.040, 36 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 37 p. 11 HB 1550 70A.65.200, 70A.455.090, 70A.550.030, 70A.555.110, 70A.560.020, 1 70A.565.030, section 13 of this act, 76.09.170, 77.55.440, 78.44.250, 2 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 3 90.64.102. 4 (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 5 18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 6 70A.15.6010, 70A.205.280, 70A.214.140, 70A.300.120, 70A.350.070, 7 70A.245.020, 70A.65.200, 70A.505.100, 70A.555.110, 70A.560.020, 8 70A.565.030, 86.16.020, 88.46.070, 90.03.665, 90.14.130, 90.46.250, 9 90.48.120, 90.48.240, 90.56.330, and 90.64.040. 10 (c) Except as provided in RCW 90.03.210(2), the issuance, 11 modification, or termination of any permit, certificate, or license 12 by the department or any air authority in the exercise of its 13 jurisdiction, including the issuance or termination of a waste 14 disposal permit, the denial of an application for a waste disposal 15 permit, the modification of the conditions or the terms of a waste 16 disposal permit, a decision to approve or deny a solid waste 17 management plan under RCW 70A.205.055, approval or denial of an 18 application for a beneficial use determination under RCW 70A.205.260, 19 an application for a change under RCW 90.03.383, or a permit to 20 distribute reclaimed water under RCW 90.46.220. 21 (d) Decisions of local health departments regarding the granting 22 or denial of solid waste permits pursuant to chapter 70A.205 RCW, 23 including appeals by the department as provided in RCW 70A.205.130.24 (e) Decisions of local health departments regarding the issuance 25 and enforcement of permits to use or dispose of biosolids under RCW 26 70A.226.090. 27 (f) Decisions of the department regarding waste-derived 28 fertilizer or micronutrient fertilizer under RCW 15.54.820.29 (g) Decisions of local conservation districts related to the 30 denial of approval or denial of certification of a dairy nutrient 31 management plan; conditions contained in a plan; application of any 32 dairy nutrient management practices, standards, methods, and 33 technologies to a particular dairy farm; and failure to adhere to the 34 plan review and approval timelines in RCW 90.64.026 as provided in 35 RCW 90.64.028. 36 (h) Any other decision by the department or an air authority 37 which pursuant to law must be decided as an adjudicative proceeding 38 under chapter 34.05 RCW . 39 p. 12 HB 1550 (i) Decisions of the department of natural resources, the 1 department of fish and wildlife, and the department that are 2 reviewable under chapter 76.09 RCW, and the department of natural 3 resources' appeals of county, city, or town objections under RCW 4 76.09.050(7). 5 (j) Forest health hazard orders issued by the commissioner of 6 public lands under RCW 76.06.180. 7 (k) Decisions of the department of fish and wildlife to issue, 8 deny, condition, or modify a hydraulic project approval permit under 9 chapter 77.55 RCW, to issue a stop work order, to issue a notice to 10 comply, to issue a civil penalty, or to issue a notice of intent to 11 disapprove applications. 12 (l) Decisions of the department of natural resources that are 13 reviewable under RCW 78.44.270. 14 (m) Decisions of an authorized public entity under RCW 79.100.010 15 to take temporary possession or custody of a vessel or to contest the 16 amount of reimbursement owed that are reviewable by the hearings 17 board under RCW 79.100.120. 18 (n) Decisions of the department of ecology that are appealable 19 under RCW 70A.245.020 to set recycled minimum postconsumer content 20 for covered products or to temporarily exclude types of covered 21 products in plastic containers from minimum postconsumer recycled 22 content requirements. 23 (o) Orders by the department of ecology under RCW 70A.455.080.24 (2) The following hearings shall not be conducted by the hearings 25 board: 26 (a) Hearings required by law to be conducted by the shorelines 27 hearings board pursuant to chapter 90.58 RCW, except where appeals to 28 the pollution control hearings board and appeals to the shorelines 29 hearings board have been consolidated pursuant to RCW 43.21B.340.30 (b) Hearings conducted by the department pursuant to RCW 31 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 32 70A.15.3110, and 90.44.180. 33 (c) Appeals of decisions by the department under RCW 90.03.110 34 and 90.44.220. 35 (d) Hearings conducted by the department to adopt, modify, or 36 repeal rules. 37 (3) Review of rules and regulations adopted by the hearings board 38 shall be subject to review in accordance with the provisions of the 39 administrative procedure act, chapter 34.05 RCW . 40 p. 13 HB 1550 Sec. 16. RCW 43.21B.300 and 2024 c 347 s 6 and 2024 c 340 s 5 1 are each reenacted and amended to read as follows: 2 (1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 3 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 4 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 5 70A.65.200, 70A.430.070, 70A.455.090, 70A.500.260, 70A.505.110, 6 70A.555.110, 70A.560.020, 70A.565.030, section 13 of this act, 7 86.16.081, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 8 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by 9 a notice in writing, either by certified mail with return receipt 10 requested or by personal service, to the person incurring the penalty 11 from the department or the local air authority, describing the 12 violation with reasonable particularity. For penalties issued by 13 local air authorities, within 30 days after the notice is received, 14 the person incurring the penalty may apply in writing to the 15 authority for the remission or mitigation of the penalty. Upon 16 receipt of the application, the authority may remit or mitigate the 17 penalty upon whatever terms the authority in its discretion deems 18 proper. The authority may ascertain the facts regarding all such 19 applications in such reasonable manner and under such rules as it may 20 deem proper and shall remit or mitigate the penalty only upon a 21 demonstration of extraordinary circumstances such as the presence of 22 information or factors not considered in setting the original 23 penalty. 24 (2) Any penalty imposed under this section may be appealed to the 25 pollution control hearings board in accordance with this chapter if 26 the appeal is filed with the hearings board and served on the 27 department or authority 30 days after the date of receipt by the 28 person penalized of the notice imposing the penalty or 30 days after 29 the date of receipt of the notice of disposition by a local air 30 authority of the application for relief from penalty.31 (3) A penalty shall become due and payable on the later of:32 (a) 30 days after receipt of the notice imposing the penalty;33 (b) 30 days after receipt of the notice of disposition by a local 34 air authority on application for relief from penalty, if such an 35 application is made; or 36 (c) 30 days after receipt of the notice of decision of the 37 hearings board if the penalty is appealed. 38 (4) If the amount of any penalty is not paid to the department 39 within 30 days after it becomes due and payable, the attorney 40 p. 14 HB 1550 general, upon request of the department, shall bring an action in the 1 name of the state of Washington in the superior court of Thurston 2 county, or of any county in which the violator does business, to 3 recover the penalty. If the amount of the penalty is not paid to the 4 authority within 30 days after it becomes due and payable, the 5 authority may bring an action to recover the penalty in the superior 6 court of the county of the authority's main office or of any county 7 in which the violator does business. In these actions, the procedures 8 and rules of evidence shall be the same as in an ordinary civil 9 action. 10 (5) All penalties recovered shall be paid into the state treasury 11 and credited to the general fund except the following:12 (a) Penalties imposed pursuant to RCW 18.104.155 must be credited 13 to the reclamation account as provided in RCW 18.104.155(7);14 (b) Penalties imposed pursuant to RCW 70A.15.3160 must be 15 disposed of pursuant to RCW 70A.15.3160; 16 (c) Penalties imposed pursuant to RCW 70A.230.080, 70A.300.090, 17 70A.430.070, 70A.555.110, ((and)) 70A.560.020, and section 13 of this 18 act must be credited to the model toxics control operating account 19 created in RCW 70A.305.180; 20 (d) Penalties imposed pursuant to RCW 70A.245.040 and 70A.245.050 21 must be credited to the recycling enhancement account created in RCW 22 70A.245.100; 23 (e) Penalties imposed pursuant to RCW 70A.500.260 must be 24 deposited into the electronic products recycling account created in 25 RCW 70A.500.130; 26 (f) Penalties imposed pursuant to RCW 70A.65.200 must be credited 27 to the climate investment account created in RCW 70A.65.250;28 (g) Penalties imposed pursuant to RCW 90.56.330 must be credited 29 to the coastal protection fund established in RCW 90.48.390; and30 (h) Penalties imposed pursuant to RCW 70A.355.070 must be 31 credited to the underground storage tank account created in RCW 32 70A.355.090. 33 Sec. 17. RCW 70A.205.505 and 2020 c 20 s 1197 are each amended 34 to read as follows: 35 (1) No person may knowingly dispose of a vehicle battery except 36 by delivery to: A person or entity selling lead acid batteries, a 37 person or entity authorized by the department to accept the battery, 38 or to a secondary lead smelter. 39 p. 15 HB 1550 (2) No owner or operator of a solid waste disposal site shall 1 knowingly accept for disposal used vehicle batteries except when 2 authorized to do so by the department or by the federal government.3 (3) Any person who violates this section shall be subject to a 4 fine of up to ((one thousand dollars )) $1,000. Each battery will 5 constitute a separate violation. Nothing in this section and RCW 6 70A.205.510 through 70A.205.530 shall supersede the provisions under 7 chapter 70A.300 RCW . 8 (4) ((For purposes of this section and RCW 70A.205.510 through 9 70A.205.530, "vehicle )) The definitions in this subsection apply 10 throughout this section and RCW 70A.205.510 through 70A.205.530 11 unless the context clearly requires otherwise.12 (a) "Vehicle battery" means batteries capable for use in any 13 vehicle, having a core consisting of elemental lead, and a capacity 14 of six or more volts ; and15 (b) "Vehicle battery" does not include a "propulsion battery" as 16 defined in section 2 of this act . 17 Sec. 18. RCW 70A.555.010 and 2023 c 434 s 2 are each amended to 18 read as follows: 19 The definitions in this section apply throughout this chapter 20 unless the context clearly requires otherwise. 21 (1)(a) "Battery-containing product" means a product that contains 22 or is packaged with rechargeable or primary batteries that are 23 covered batteries. 24 (b) A "battery-containing product" does not include a covered 25 electronic product under an approved plan implemented under chapter 26 70A.500 RCW . 27 (2) "Battery management hierarchy" means a management system of 28 covered batteries prioritized in descending order as follows:29 (a) Waste prevention and reduction; 30 (b) Reuse, when reuse is appropriate; 31 (c) Recycling, as defined in this chapter; and32 (d) Other means of end-of-life management, which may only be 33 utilized after demonstrating to the department that it is not 34 feasible to manage the batteries under the higher priority options in 35 (a) through (c) of this subsection. 36 (3) "Battery stewardship organization" means a producer that 37 directly implements a battery stewardship plan required under this 38 chapter or a nonprofit organization designated by a producer or group 39 p. 16 HB 1550 of producers to implement a battery stewardship plan required under 1 this chapter. 2 (4) "Collection rate" means a percentage, by weight, that a 3 battery stewardship organization collects that is calculated by 4 dividing the total weight of primary and rechargeable batteries 5 collected during the previous calendar year by the average annual 6 weight of primary and rechargeable batteries that were estimated to 7 have been sold in the state by all producers participating in an 8 approved battery stewardship plan during the previous three calendar 9 years. 10 (5)(a) "Covered battery" means a portable battery or, beginning 11 January 1, 2029, a medium format battery. 12 (b) "Covered battery" does not include: 13 (i) A battery contained within a medical device, as specified in 14 Title 21 U.S.C. Sec. 321 (h) as it existed as of July 23, 2023, that 15 is not designed and marketed for sale or resale principally to 16 consumers for personal use; 17 (ii) A battery that contains an electrolyte as a free liquid;18 (iii) A lead acid battery weighing greater than 11 pounds;19 (iv) A battery subject to the provisions of RCW 70A.205.505 20 through 70A.205.530; ((and))21 (v) A battery in a battery-containing product that is not 22 intended or designed to be easily removable from the battery-23 containing product ; and24 (vi) A "propulsion battery" as defined in section 2 of this act .25 (6) "Department" means the department of ecology.26 (7) "Easily removable" means designed by the manufacturer to be 27 removable by the user of the product with no more than commonly used 28 household tools. 29 (8) "Environmentally sound management practices" means practices 30 that: (a) Comply with all applicable laws and rules to protect 31 workers, public health, and the environment; (b) provide for adequate 32 recordkeeping, tracking, and documenting of the fate of materials 33 within the state and beyond; and (c) include comprehensive liability 34 coverage for the battery stewardship organization, including 35 environmental liability coverage that is commercially practicable.36 (9) "Final disposition" means the final processing of a collected 37 battery to produce usable end products, at the point where the 38 battery has been reduced to its constituent parts, reusable portions 39 p. 17 HB 1550 made available for use, and any residues handled as wastes in 1 accordance with applicable law. 2 (10) "Large format battery" means: 3 (a) A rechargeable battery that weighs more than 25 pounds or has 4 a rating of more than 2,000 watt-hours; or 5 (b) A primary battery that weighs more than 25 pounds.6 (11) "Medium format battery" means the following primary or 7 rechargeable covered batteries: 8 (a) For rechargeable batteries, a battery weighing more than 11 9 pounds or has a rating of more than 300 watt-hours, or both, and no 10 more than 25 pounds and has a rating of no more than 2,000 watt-11 hours; 12 (b) For primary batteries, a battery weighing more than 4.4 13 pounds but not more than 25 pounds. 14 (12) "Portable battery" means the following primary or 15 rechargeable covered batteries: 16 (a) For rechargeable batteries, a battery weighing no more than 17 11 pounds and has a rating of no more than 300 watt-hours;18 (b) For primary batteries, a battery weighing no more than 4.4 19 pounds. 20 (13) "Primary battery" means a battery that is not capable of 21 being recharged. 22 (14)(a) "Producer" means the following person responsible for 23 compliance with requirements under this chapter for a covered battery 24 or battery-containing product sold, offered for sale, or distributed 25 in or into this state: 26 (i) For covered batteries: 27 (A) If the battery is sold under the brand of the battery 28 manufacturer, the producer is the person that manufactures the 29 battery; 30 (B) If the battery is sold under a retail brand or under a brand 31 owned by a person other than the manufacturer, the producer is the 32 brand owner; 33 (C) If there is no person to which (a)(i)(A) or (B) of this 34 subsection applies, the producer is the person that is the licensee 35 of a brand or trademark under which the battery is used in a 36 commercial enterprise, sold, offered for sale, or distributed in or 37 into this state, whether or not the trademark is registered in this 38 state; 39 p. 18 HB 1550 (D) If there is no person described in (a)(i)(A) through (C) of 1 this subsection within the United States, the producer is the person 2 who is the importer of record for the battery into the United States 3 for use in a commercial enterprise that sells, offers for sale, or 4 distributes the battery in this state; 5 (E) If there is no person described in (a)(i)(A) through (D) of 6 this subsection with a commercial presence within the state, the 7 producer is the person who first sells, offers for sale, or 8 distributes the battery in or into this state. 9 (ii) For covered battery-containing products: 10 (A) If the battery-containing product is sold under the brand of 11 the product manufacturer, the producer is the person that 12 manufactures the product; 13 (B) If the battery-containing product is sold under a retail 14 brand or under a brand owned by a person other than the manufacturer, 15 the producer is the brand owner; 16 (C) If there is no person to which (a)(ii)(A) or (B) of this 17 subsection applies, the producer is the person that is the licensee 18 of a brand or trademark under which the product is used in a 19 commercial enterprise, sold, offered for sale, or distributed in or 20 into this state, whether or not the trademark is registered in this 21 state; 22 (D) If there is no person described in (a)(ii)(A) through (C) of 23 this subsection within the United States, the producer is the person 24 who is the importer of record for the product into the United States 25 for use in a commercial enterprise that sells, offers for sale, or 26 distributes the product in this state; 27 (E) If there is no person described in (a)(ii)(A) through (D) of 28 this subsection with a commercial presence within the state, the 29 producer is the person who first sells, offers for sale, or 30 distributes the product in or into this state; 31 (F) A producer does not include any person who only manufactures, 32 sells, offers for sale, distributes, or imports into the state a 33 battery-containing product if the only batteries used by the battery-34 containing product are supplied by a producer that has joined a 35 registered battery stewardship organization as the producer for that 36 covered battery under this chapter. Such a producer of covered 37 batteries that are included in a battery-containing product must 38 provide written certification of that membership to both the producer 39 p. 19 HB 1550 of the covered battery-containing product and the battery stewardship 1 organization of which the battery producer is a member.2 (b) A person is the "producer" of a covered battery or covered 3 battery-containing product sold, offered for sale, or distributed in 4 or into this state, as defined in (a) of this subsection, except 5 where another party has contractually accepted responsibility as a 6 responsible producer and has joined a registered battery stewardship 7 organization as the producer for that covered battery or covered 8 battery-containing product under this chapter. 9 (15) "Program" means a program implemented by a battery 10 stewardship organization consistent with an approved battery 11 stewardship plan. 12 (16) "Rechargeable battery" means a battery that contains one or 13 more voltaic or galvanic cells, electrically connected to produce 14 electric energy, designed to be recharged. 15 (17) "Recycling" means transforming or remanufacturing waste 16 materials into usable or marketable materials for use other than:17 (a) Combustion; 18 (b) Incineration; 19 (c) Energy generation; 20 (d) Fuel production; or 21 (e) Beneficial reuse in the construction and operation of a solid 22 waste landfill, including use of alternative daily cover.23 (18) "Recycling efficiency rate" means the ratio of the weight of 24 covered battery components and materials recycled by a program 25 operator from covered batteries to the weight of those covered 26 batteries collected by the program operator. 27 (19) "Retailer" means a person who sells covered batteries or 28 battery-containing products in or into this state or offers or 29 otherwise makes available covered batteries or battery-containing 30 products to a customer, including other businesses, for use by the 31 customer in this state. 32 (20) "Urban area" means an area delineated by the United States 33 census bureau, based on a minimum threshold of 2,000 housing units or 34 5,000 people, as of January 1, 2023. 35 NEW SECTION. Sec. 19. This act may be known and cited as the 36 electric vehicle battery management act.37 p. 20 HB 1550 NEW SECTION. Sec. 20. Sections 1 through 14 and 19 of this act 1 constitute a new chapter in Title 70A RCW.2 NEW SECTION. Sec. 21. If any provision of this act or its 3 application to any person or circumstance is held invalid, the 4 remainder of the act or the application of the provision to other 5 persons or circumstances is not affected.6 --- END --- p. 21 HB 1550