Establishing producer responsibility for textiles.

AN ACT Relating to establishing producer responsibility for 1 textiles; amending RCW 36.70.330, 36.70A.142, 35.63.290, 35A.63.310, 2 and 70A.208.270; reenacting and amending RCW 43.21B.110 and 3 43.21B.300; adding a new chapter to Title 70A RCW; and prescribing 4 penalties. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6 NEW SECTION. Sec. 1. INTENT. The intent of this chapter is to 7 establish a statewide extended producer responsibility program for 8 apparel and textile articles that emphasizes repair and reuse, and 9 minimizes hazardous waste, greenhouse gases, environmental impacts, 10 negative environmental justice impacts, and negative public health 11 impacts.12 NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this 13 section apply throughout this chapter unless the context clearly 14 requires otherwise.15 (1)(a) "Apparel" means clothing and accessory items intended for 16 regular wear or formal occasions and indoor and outdoor activities.17 (b) "Apparel" includes, but is not limited to, undergarments, 18 shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, 19 dancewear, suits, saris, scarves, tops, leggings, school uniforms, 20 S-3853.2 SENATE BILL 6174 State of Washington 69th Legislature 2026 Regular Session By Senators Lovelett, Slatter, Saldaña, Shewmake, Bateman, Alvarado, Trudeau, and Hunt p. 1 SB 6174 leisurewear, athletic wear, sports uniforms, swimwear, formal wear, 1 onesies, bibs, footwear, handbags, backpacks, knitted and woven 2 accessories, jackets, coats, snow pants, ski pants, uniforms, and 3 workwear. 4 (c) "Apparel" does not include the following: 5 (i) Personal protective equipment worn to protect the wearer from 6 health or environmental hazards; 7 (ii) Personal protective equipment or clothing items for use by 8 the United States military; or 9 (iii) Disposable or reusable products designed to collect and 10 absorb urine and feces, or disposable or reusable products regulated 11 by the United States food and drug administration that are designed 12 to collect and absorb menstruation or vaginal discharge.13 (2) "Authorized collector" means a person or entity that has 14 entered into an agreement with a producer responsibility organization 15 to collect covered products. 16 (3) "Authorized sorter" means a person or entity that has entered 17 into an agreement with a producer responsibility organization to sort 18 covered products collected by authorized collectors.19 (4) "Brand" means a trademark, including both a registered 20 trademark and an unregistered trademark, a logo, a name, a symbol, a 21 word, an identifier, or a traceable mark that identifies a covered 22 product and identifies the owner or licensee of the brand.23 (5) "Collection site" means a permanent or temporary location 24 operated by an authorized collector at which covered products are 25 collected and prepared for transport in accordance with the 26 requirements of this chapter. 27 (6) "Consumer" means an owner of a covered product, including a 28 person, business, corporation, limited partnership, nonprofit 29 organization, or governmental entity, and includes the ultimate 30 purchaser, owner, renter, or lessee of a covered product who is not, 31 as to that covered product, the distributor, importer, producer, 32 recycler, retailer, or producer responsibility organization.33 (7)(a) "Covered product" means an apparel or textile article 34 introduced into the state. 35 (b) "Covered product" does not include a secondhand or reused 36 covered product. 37 (8) "Department" means the department of ecology.38 p. 2 SB 6174 (9) "Distributor" means a company that has a contractual 1 relationship with one or more producers to market and sell covered 2 products to a retailer. 3 (10) "Government entity" has the same meaning as in RCW 4 70A.208.020. 5 (11) "Importer" means either: 6 (a) A person qualifying as an importer of record for purposes of 7 19 U.S.C. Sec. 1484 (a)(2)(B), as it existed as of January 1, 2025, 8 with regard to the import of a covered product that is sold, 9 distributed for sale, or offered for sale in or into the state that 10 was manufactured or assembled by a company outside of the United 11 States; or 12 (b) A person importing into the state for sale, distributing for 13 sale, or offering for sale in the state a covered product for use in 14 the state that was manufactured or assembled by a company physically 15 located outside of the state. 16 (12) "Introduce" means to sell, rent, offer for sale, distribute, 17 or ship a product within or into this state. 18 (13) "Mail-back program" means a method of collecting covered 19 products through a prepaid, preaddressed postage container that is 20 transported by the United States postal service or a common carrier.21 (14) "Online marketplace" means a consumer-directed, 22 electronically accessed platform for which all of the following are 23 true: 24 (a) The platform includes features that allow for, facilitate, or 25 enable third-party sellers to engage in the sale, rental, purchase, 26 payment, storage, shipping, or delivery of a covered product in this 27 state; 28 (b) The features described in (a) of this subsection are used by 29 third-party sellers; and 30 (c) The platform has a contractual relationship with consumers 31 governing their use of the platform to purchase consumer products.32 (15)(a) "Producer" means: 33 (i) A person who manufactures a covered product and owns or is 34 the licensee of the brand or trademark under which that covered 35 product is introduced in or into the state; 36 (ii) If there is no person in Washington who is the producer for 37 purposes of (a)(i) of this subsection, the producer of the covered 38 product is the owner of a brand or trademark or, if the owner is not 39 in the state, the exclusive licensee of a brand or trademark under 40 p. 3 SB 6174 which the covered product is sold, imported for sale, offered for 1 sale, or distributed for sale in or into the state, regardless of 2 whether the trademark is registered. For purposes of this subsection, 3 an exclusive licensee is a person holding the exclusive right to use 4 a trademark or brand in the state in connection with the manufacture, 5 sale, or distribution for sale in or into the state of the covered 6 product; 7 (iii) If there is no person in the state who is the producer for 8 purposes of (a)(i) or (ii) of this subsection, then the producer of 9 the covered product is the person that imports the covered product 10 into the state for sale or distribution; 11 (iv) If there is no other person in the state who is the producer 12 for purposes of (a)(i), (ii), or (iii) of this subsection, the 13 producer of the covered product is the distributor, retailer, or 14 wholesaler who introduces the product in or into the state; or15 (v) A person is the producer of a covered material introduced in 16 or into this state, as defined in (a)(i) through (iv) of this 17 subsection, except where another person has mutually signed an 18 agreement with a producer as defined in (a)(i) through (iv) of this 19 subsection that contractually assigns responsibility to the person as 20 the producer, and the person has joined a registered producer 21 responsibility organization as the responsible producer for that 22 covered material under this chapter. If another person is assigned 23 responsibility as the producer under this subsection, the producer 24 under (a)(i) through (v) of this subsection must provide written 25 certification of that contractual agreement to the producer 26 responsibility organization; 27 (b) For purposes of this chapter, the sale of a covered product 28 must be deemed to occur in the state if the covered product is 29 delivered to the customer in the state; 30 (c) "Producer" does not include: 31 (i) A seller that sells only secondhand covered products;32 (ii)(A) A seller with less than $1,000,000 in annual aggregate 33 global turnover as annually adjusted for inflation. The department 34 must use the consumer price index for urban wage earners to calculate 35 the annual rate of inflation adjustment effective January 1st of each 36 year. 37 (B) The aggregate global turnover of a producer must be 38 calculated by adding together the respective turnovers of all of the 39 following: 40 p. 4 SB 6174 (I) The producer concerned; 1 (II) Those entities in which the producer is concerned directly 2 or indirectly, through ownership of more than one-half of the capital 3 or business assets, through the power to exercise more than one-half 4 of the voting rights, through the power to appoint more than one-half 5 of the members of the supervisory board, the administrative board, or 6 bodies legally representing the undertakings, or through the right to 7 manage the entities' affairs; 8 (III) Those entities that have the rights or powers identified in 9 (c)(ii)(B)(II) of this subsection; 10 (IV) Those entities in which an entity referred to in 11 (c)(ii)(B)(III) of this subsection has the rights or powers listed in 12 (c)(ii)(B)(II) of this subsection; or 13 (V) Those entities in which two or more entities referred to in 14 (c)(ii)(B)(I) through (IV) of this subsection jointly have the rights 15 or powers listed in (c)(ii)(B) of this subsection.16 (16) "Producer responsibility organization" means:17 (a) A nonprofit organization that qualifies for a tax exemption 18 under 26 U.S.C. Sec. 501 (c)(3) of the federal internal revenue code 19 and is designated by a producer or group of producers to fulfill the 20 requirements of this chapter; or 21 (b) A producer that registers with the department as a producer 22 responsibility organization and implements an individual plan 23 addressing the covered products of the producer. 24 (17) "Repair" means any alteration or improvement of damaged 25 covered product including, but not limited to: 26 (a) Redesigning and repurposing; 27 (b) Mending rips, holes, seams, or hems or other tailoring;28 (c) Removing and repairing surface damage, such as pilling, stain 29 removal, or abrasion; 30 (d) Securing and reattaching buttons and other fastenings;31 (e) Dyeing, redyeing, overdyeing, or printing of images on 32 covered products; or 33 (f) Preparation for reuse, rental, and resale.34 (18) "Responsible market" means an entity that:35 (a) Prepares for reuse, resale, rental or repurpose, or first 36 produces and sells, transfers, or uses recycled, reused, or repaired 37 product or recycled content feedstock that meets the quality 38 standards necessary to be used in the creation of new or 39 reconstituted products; 40 p. 5 SB 6174 (b) Complies with all applicable federal, state, and local 1 statutes, rules, ordinances, and other laws governing environmental, 2 health, safety, and financial responsibility; 3 (c) If the market operates in the state, manages waste according 4 to the state's solid waste management hierarchy established in RCW 5 70A.205.005(8); and 6 (d) Meets the minimum operational standards adopted under a 7 producer responsibility organization plan to protect the environment, 8 public health, worker health and safety, and minimize adverse impacts 9 to socially vulnerable populations. 10 (19) "Responsible producer" means a producer that is not excluded 11 under subsection (15)(c) of this section. 12 (20) "Retailer" means a person who introduces a covered product 13 in or into the state to a person through any means including, but not 14 limited to, sales or rental outlets, catalogs, the telephone, the 15 internet, or any electronic means. 16 (21) "Reuse" means the resale or rental of a covered product to a 17 consumer for its original intended use with or without repair.18 (22) "Secondhand covered product" means any covered product that 19 has previously been owned. 20 (23) "Secondhand markets" means a retailer who sells or rents 21 secondhand covered products including, but not limited to, thrift 22 stores, collection site operators, online resale platforms, 23 consignment shops, and flea markets. 24 (24) "Socially vulnerable population" includes:25 (a) Any person residing in: 26 (i) A census tract that contains a high overall social 27 vulnerability index as measured using the United States centers for 28 disease control and prevention's and the agency for toxic substances 29 and disease registry's social vulnerability index, as it existed as 30 of January 1, 2025, for the most recent year such data are available; 31 or 32 (ii) As applicable, an alternative population specified 33 consistent with RCW 70A.208.270; or 34 (b) Any person who has an income below the minimum necessary for 35 a household based on family composition in a given geography to 36 adequately meet their basic needs without public or private 37 assistance, as measured by the University of Washington's center for 38 women's welfare, for the most recent year such data are available.39 p. 6 SB 6174 (25)(a) "Textile" or "textile article" means an item customarily 1 used in households or businesses that are made entirely or primarily 2 from a natural, artificial, or synthetic fiber, yarn, or fabric. For 3 purposes of this chapter, "textile article" includes, but is not 4 limited to, blankets, curtains, fabric window coverings, accessories, 5 towels, tapestries, bedding, tablecloths, napkins, linens, signage, 6 and pillows. 7 (b) "Textile article" does not include single-use products 8 including paper towels, paper napkins, toilet paper, facial tissue, 9 or wet or dry wipes. 10 (26) "Third-party seller" means a person or entity, independent 11 of an online marketplace, who sells or rents, offers to sell or rent, 12 or contracts with an online marketplace to sell or rent a consumer 13 product in the state by or through an online marketplace.14 NEW SECTION. Sec. 3. PRODUCER RESPONSIBILITY ORGANIZATION 15 REGISTRATION. (1)(a) By January 31, 2027, each producer of a covered 16 product must appoint a producer responsibility organization or 17 producer responsibility organizations to address its covered 18 products.19 (b) By March 1, 2027, each producer responsibility organization 20 must register with the department on behalf of its producers.21 (c) The registration of a producer responsibility organization 22 must describe how the producer responsibility organization meets the 23 registration requirements of this section. If registration 24 applications for more than one producer responsibility organization, 25 other than individual producers registering as producer 26 responsibility organizations, are submitted to the department, the 27 department must determine and register the proposed producer 28 responsibility organization that can most effectively implement this 29 chapter. The department may not allow registration of more than one 30 producer responsibility organization, other than an individual 31 producer registered as a producer responsibility organization, for 32 purposes of the first five-year plan implementation period.33 (2) The department must, by March 31, 2027, approve a producer 34 responsibility organization that meets the requirements of this 35 chapter and: 36 (a) The producer responsibility organization has a governing 37 board consisting of producers that are diverse in size and type and 38 that represent the diversity of covered products placed in the market 39 p. 7 SB 6174 by those entities. The governing board must include ex officio 1 members involved in the collection, sorting, repair, reuse, 2 recycling, or management of covered products; and 3 (b) The producer responsibility organization demonstrates that it 4 has adequate financial responsibility and financial controls in 5 place, including fraud prevention measures and an audit schedule, to 6 ensure proper management of funds. 7 (3) After January 31, 2036, the department may determine that an 8 additional producer responsibility organization would be beneficial 9 in satisfying the requirements of this chapter, and may approve the 10 registration of additional producer responsibility organizations that 11 meet the requirements of this chapter and that: 12 (a) Submits to the department, and agrees to cover the 13 department's reasonable costs to review, a petition to establish a 14 new producer responsibility organization; 15 (b) Is composed of a sufficient number of producers to jointly 16 comply with the requirements of this chapter; and 17 (c) The proposed producer responsibility organization covers the 18 costs of all of the provisions of this chapter applicable to the 19 proposed producer responsibility organization and its participant 20 producers. 21 (4) The requirements of subsections (2)(a) and (b) and (3)(a), 22 (b), and (c) of this subsection do not apply to individual producers 23 registering with the department as a producer responsibility 24 organization. The department may require an individual producer 25 registering with the department as a producer responsibility 26 organization to pay incremental costs to the department under this 27 chapter associated with the registration of the individual producer 28 as a producer responsibility organization. 29 (5) Each producer covered under a producer responsibility 30 organization must register with that producer responsibility 31 organization in accordance with the procedures and requirements 32 established by that producer responsibility organization and must 33 comply with those procedures and requirements. 34 (6) Upon the approval of a plan under this chapter or by July 1, 35 2031, whichever is sooner, a producer is subject to penalties under 36 this chapter unless: 37 (a) The producer is a participant of a producer responsibility 38 organization whose registration has been approved by the department 39 p. 8 SB 6174 or the producer has received registration approval from the 1 department as a producer responsibility organization; and2 (b)(i) For producers that have joined a producer responsibility 3 organization, all covered products are accounted for in the plan; or4 (ii) For producers that are registered as a producer 5 responsibility organization, all covered products of the producer are 6 accounted for in the plan; and 7 (c) If an entity does not meet the definition of a producer and 8 is not subject to this chapter before January 1, 2031, but at any 9 point, after January 1, 2031, meets the definition of a producer, the 10 producer must, within 90 days, become a participant of the producer 11 responsibility organization or register with the department as a 12 producer responsibility organization, and comply with the 13 requirements of this chapter. 14 (7) A producer is not in compliance with this chapter and is 15 subject to penalties under section 15 of this act if a covered 16 product sold or offered for sale by the producer is not subject to an 17 approved producer responsibility organization plan.18 (8)(a) Beginning March 1, 2028, and every March 1st thereafter 19 until annual reporting, each producer or the producer responsibility 20 organization must provide the department, in a form and manner 21 established by the department, a list of brands of covered products 22 that each producer sells, distributes for sale, imports for sale, or 23 offers for sale in or into the state. 24 (b) A producer or producer responsibility organization must 25 update the list described in (a) of this subsection and provide the 26 updated list to the department on or before January 15th of each 27 year, or upon request of the department. 28 NEW SECTION. Sec. 4. PRODUCER RESPONSIBILITY ORGANIZATION 29 RESPONSIBILITIES. (1) Each producer responsibility organization whose 30 registration has been approved by the department under section 3 of 31 this act must, individually or collaboratively, prepare and cover the 32 costs of the needs assessments described in section 5 of this act.33 (2) Each producer responsibility organization must manage 34 collection sites consistent with section 9 of this act.35 (3) Each participant of a producer responsibility organization 36 with an approved plan must comply with the requirements of this 37 chapter. The producer responsibility organization must notify the 38 department within 30 calendar days of any of the following:39 p. 9 SB 6174 (a) The end of any three-month period in which the producer 1 responsibility organization unsuccessfully attempted to obtain a fee, 2 records, or other information from a participant producer, or 3 received incomplete or incorrect records or information;4 (b) The date a producer no longer participates in a producer 5 responsibility organization's plan; or 6 (c) Any instance of noncompliance by a producer.7 (4)(a) Producers and a producer responsibility organization, 8 acting on behalf of producers that prepare, submit, and implement a 9 plan pursuant to this chapter and who are thereby subject to 10 regulation by the department, are hereby granted immunity from state 11 laws relating to antitrust, restraint of trade, unfair trade 12 practices, and other regulation of trade and commerce, for the 13 limited purpose of planning, reporting, and operating the extended 14 producer responsibility organization program, including:15 (i) The creation, implementation, or management of the producer 16 responsibility organization and any plan regardless of whether it is 17 submitted, denied, or approved; 18 (ii) The cost and structure of a plan; and 19 (iii) The types or quantities of covered products being managed 20 pursuant to this chapter. 21 (b) The immunity granted in (a) of this subsection does not apply 22 to: 23 (i) Fixing a price of or for covered products, except for an 24 agreement related to costs or charges associated with participation 25 in a plan approved by the department; 26 (ii) Fixing the output or production of covered products; or27 (iii) Restricting the geographic area in which, or customers to 28 whom, covered products will be sold or rented. 29 NEW SECTION. Sec. 5. NEEDS ASSESSMENT. (1)(a) Each statewide 30 needs assessment carried out by a producer responsibility 31 organization must be designed to determine the necessary steps and 32 investment needed for covered products to achieve the requirements of 33 this chapter.34 (b) An initial needs assessment for covered products must be 35 completed prior to the completion and approval of a plan for covered 36 products under this chapter. The initial needs assessment must be 37 submitted to the department by March 1, 2028. The department must 38 review and approve, conditionally approve, or disapprove the needs 39 p. 10 SB 6174 assessment as meeting the requirements of this section within 90 days 1 of submission. 2 (c) Needs assessments must be updated, in whole or in part, at 3 least every five years, and as necessary to ensure the requirements 4 of this chapter are met. For each needs assessment completed after 5 the initial needs assessment submitted to the department by March 1, 6 2028, the producer responsibility organization must conduct:7 (i) A survey of public awareness of the program created under 8 this chapter, and its convenience; 9 (ii) An equity study that analyzes, at minimum, information 10 about: 11 (A) Working conditions, wage and benefit levels, workforce 12 development efforts, and employment levels of minorities and women 13 employed by service providers or responsible markets under this 14 chapter; 15 (B) The degree to which programs to increase access, convenience, 16 and education are successful in raising reuse, recycling, repair, 17 repurposing, and upcycling rates in areas where participation in 18 these activities is low. This must include an evaluation of the 19 efficacy of activities that are conceptually, linguistically, and 20 culturally tailored to effectively reach diverse residents, and which 21 such activities could be adjusted or improved to achieve improved 22 outcomes for specific areas or sectors where participation is low; 23 and 24 (C) Strategies to increase participation in reuse, repair, 25 repurposing, upcycling, and recycling of covered products; and26 (iii) A process to receive input from government entities, 27 community organizations, and Washington residents regarding the 28 program's accessibility and performance. 29 (d) A producer responsibility organization may select an 30 independent third-party contractor to complete the needs assessment.31 (e) A producer responsibility organization may prepare more than 32 one needs assessment, with each assessment specific to one or more 33 covered products under this chapter, or may prepare one comprehensive 34 needs assessment that includes all covered products under this 35 chapter. 36 (2) Each needs assessment must comply with all of the following:37 (a) Be designed to inform the program budget and plan; and38 (b) Include an evaluation of all of the following with respect to 39 covered products and covered product categories: 40 p. 11 SB 6174 (i) Existing scope and scale of annual covered products diverted 1 to landfill or incineration in the state by type of covered product, 2 material composition, and volume and annual covered product recovery 3 diverted to reuse, repair, or recycling in the state or from the 4 state by type of covered product, material composition, and volume;5 (ii) The current repair, reuse, recycling, collection, sorting, 6 and hauling system in the state and the expanded access and 7 additional repair, reuse, recycling, collection, sorting, 8 disassembly, and hauling options needed to meet the requirements of 9 this chapter; 10 (iii) Current market conditions, including rates of textile and 11 apparel export, and the need to create responsible and economically 12 viable end markets in the state, regionally, and globally;13 (iv) Existing state statutory provisions and funding sources 14 related to market development and financial incentives to help 15 achieve the state's goals related to repair, reuse, recycling, 16 collection, sorting, disassembly, and hauling; 17 (v) Consumer education needs and the methods by which the 18 producer responsibility organization can best reach customers with 19 educational messaging and assess the effectiveness of that messaging;20 (vi) Consumer behaviors to drive repair, reuse, and recycling and 21 to achieve the requirements of this chapter; 22 (vii) Funding needs and incentive mechanisms necessary to achieve 23 the requirements of this chapter, including coverage of the operation 24 of the extended producer responsibility organization program;25 (viii) Fee reduction or redistribution mechanism necessary to 26 achieve the requirements of this chapter, in a manner that equitably 27 distributes the costs among participating producers that reflects 28 production and sales and rental volumes relevant to the Washington 29 market. Fee reduction or redistribution mechanisms may consider 30 existing producer collection, repair, reuse, repurposing, and 31 recycling programs that help achieve the purpose of this chapter;32 (ix) Actions and investments necessary to provide equitable and 33 sufficient access to collection, repurposing, recycling, composting, 34 processing, and transportation to responsible and economically viable 35 end markets; 36 (x) An assessment of the availability of existing organizations 37 that repair, repurpose, and upcycle covered products;38 (xi) An evaluation of the availability or lack of availability of 39 responsible markets for repaired, reused, and recycled covered 40 p. 12 SB 6174 products, the need to incentivize reused, repurposed, repaired, and 1 upcycled products or recycled material market development, and the 2 associated investments or actions needed to ensure that the covered 3 products are reused, repaired, repurposed, upcycled, or recycled and 4 have responsible and economically viable and sufficient end markets;5 (xii) An evaluation of the factors contributing to the presence 6 of perfluoroalkyl and polyfluoroalkyl substances and other chemicals 7 identified or regulated under chapters 70A.350 and 70A.430 RCW, and 8 the actions and investments needed to avoid contamination related to 9 recycling. This must include available end markets for recycled 10 material that cannot be remanufactured into apparel or textile 11 articles in Washington; and 12 (xiii) An evaluation of what factors will be important to 13 successfully implement the eco-modulated fee structure required by 14 section 10 of this act, and what associated data collection will be 15 necessary as part of the plan. 16 (3) The department must support and provide technical input on 17 the development of each needs assessment. A producer responsibility 18 organization must develop each needs assessment in consultation with 19 a broad diversity of government entities collection, brokering, 20 reuse, repair, and recycling service providers, and processors that 21 reflect the different needs and challenges presented by managing 22 different covered products through final disposition.23 NEW SECTION. Sec. 6. PLAN CONTENTS. (1) Plans must be 24 submitted, reviewed, and approved consistent with section 7 of this 25 act.26 (2) Plans for covered products must be designed to result in the 27 acceptance and management of all postconsumer covered products and 28 must include all of the following: 29 (a) The names and contact information, including email address, 30 phone number, and mailing and physical addresses, of producers and 31 brands of covered products under the plan; 32 (b) A description of the method to establish and administer a 33 means for fully funding the producer responsibility organization, 34 consistent with section 10 of this act, including a proposed five-35 year budget; 36 (c) Quantifiable five-year and annual performance standards and 37 metrics unless or until the department publishes performance 38 standards under section 8 of this act. The producer responsibility 39 p. 13 SB 6174 organization must amend its plan to meet or exceed the performance 1 standards published by the department. Performance targets 2 established in a plan after the initial plan implementation period 3 must demonstrate and achieve kaizen and other forms of continuous 4 improvement relative to performance targets for preceding plan 5 implementation periods; 6 (d) A description of how the producer responsibility organization 7 will provide for a free, equitable, and convenient drop-off or 8 collection system for covered products consistent with section 9 of 9 this act; 10 (e) A description of how the collection sites will be authorized 11 and managed, including: 12 (i) How government entities can request to be a collection site 13 under section 9 of this act; 14 (ii) How the producer responsibility organization will provide to 15 collection sites at no cost the appropriate containers for covered 16 products, training, signage, safety guidance, and educational 17 materials; 18 (iii) The process by which the producer responsibility 19 organization will provide, at no cost, for the transport of covered 20 products from collection sites to an authorized sorter or directly to 21 an authorized repair, reuse, repurposing, upcycling, or resale 22 organization, or recycling facility; 23 (iv) How collection sites will be facilitated to divert covered 24 products to secondhand markets for reuse, and to implement other best 25 practices for management of covered products consistent with the 26 waste management hierarchy established in RCW 70A.205.005(8);27 (v) A list of all proposed criteria, rules, conditions, and 28 requirements for authorized collectors, authorized sorters, and 29 authorized repair businesses, including a template proposed agreement 30 for each of those types of entities, as applicable;31 (vi) How the producer responsibility organization will prioritize 32 the use of secondhand markets of covered products, when establishing 33 collection sites to meet the minimum requirements in section 9 (2) of 34 this act; and 35 (vii) How collection sites will be instructed to identify and 36 reject counterfeit products that are not covered products under this 37 chapter; 38 (f) A description of how covered products will be sorted, 39 transported, processed, repaired, repurposed, upcycled, reused, and 40 p. 14 SB 6174 recycled following collection at collection sites, consistent with 1 section 9 of this act; 2 (g) A description of how the producer responsibility organization 3 will ensure that the program tracks and manages covered materials 4 collected through the program in a manner consistent with standards 5 that safeguard against the dumping of covered products abroad, which 6 may include, but are not limited to, corporate social responsibility 7 (CSR), SAI social accountability international (SA8000), worldwide 8 responsible accredited production (WRAP), SCS global services-9 certified responsible source textiles; 10 (h) A description of the comprehensive statewide education and 11 outreach program designed to educate consumers and promote 12 participation in the program offered by the producer responsibility 13 organization, consistent with section 11 of this act. This 14 description must include a description of the strategies, goals, and 15 metrics the producer responsibility organization will use to annually 16 assess and evaluate the efficacy of the comprehensive statewide 17 education and outreach program required by section 11 of this act, 18 and a description of how the producer responsibility organization 19 will address any deficits in the program identified during the annual 20 assessment and evaluation; 21 (i) A description of how the producer responsibility organization 22 will coordinate with other producer responsibility organizations 23 registered under this chapter to avoid confusion to the public 24 regarding program activities including, but not limited to, education 25 and outreach, including establishing point-of-sale messaging, a joint 26 website, and toll-free telephone number for purposes of providing 27 information on the program; 28 (j) Coordination with and compensation for, and description of 29 the efforts and methods used to coordinate activities with and 30 compensate for, entities who are responsive to a request from the 31 producer responsibility organization, including other producer 32 responsibility organizations, collection, repair, repurposing, 33 upcycling, reuse, and recycling programs, and community-based 34 organizations, including nonprofit retail establishments that sell 35 reused, repurposed, upcycled, and repaired covered products, and that 36 contact the producer responsibility organization and meet the 37 criteria to run or support collection events; 38 (k) A description of how the plan will address the presence of 39 perfluoroalkyl and polyfluoroalkyl substances and other chemicals 40 p. 15 SB 6174 identified or regulated under chapters 70A.350 and 70A.430 RCW, 1 including but not limited to the actions and investments needed to 2 avoid contamination in the recycling or upcycling process and 3 available end markets for recycled material that cannot be 4 remanufactured into apparel or textile articles in Washington;5 (l) A description of how the producer responsibility organization 6 will minimize the negative environmental and human health impacts and 7 maximize the positive environmental and human health impacts of all 8 operations associated with the plan, including impacts from collected 9 covered products exported outside of Washington; 10 (m) A process by which the financial activities of the producer 11 responsibility organization or individual producers that are related 12 to implementation of the plan will be subject to an independent audit 13 consistent with generally accepted accounting principles; and14 (n) A description of the feedback received by the producer 15 responsibility organization from the advisory council established in 16 section 18 of this act in the development of the draft or updated 17 plan, and an explanation of how and why the producer responsibility 18 organization did or did not incorporate each item of feedback into 19 its plan. 20 (3) Under the plan, a producer responsibility organization must:21 (a) Develop a program to support laundries for laundering covered 22 products that includes funding for technology that reduces water 23 consumption and reduces microfiber and microplastic discharges in 24 wastewater; and 25 (b) Develop strategies to address preconsumer and postconsumer 26 design challenges for covered products including, but not limited to, 27 compostability, recyclability, reusability, repairability, reduction 28 and removal of harmful chemicals, microfiber and microplastic 29 shedding, and mixed material blends. 30 (4)(a) The plan submitted under this section must be accompanied 31 by a contingency plan demonstrating how the activities in the plan 32 will continue to be carried out by some other entity, if needed, such 33 as a trustee: 34 (i) Until such time as a new plan is submitted and approved by 35 the department; 36 (ii) Upon the expiration of an approved plan; 37 (iii) If the producer responsibility organization notifies the 38 department that it will cease to implement an approved plan; or39 p. 16 SB 6174 (iv) In any other event that the producer responsibility 1 organization can no longer carry out plan implementation.2 (b) The contingency plan must guarantee that the contracts, 3 financial data, and other necessary authority and assets to operate 4 the program will vest in a trustee or other entity approved by the 5 department. The trustee must operate the most recently approved plan, 6 subject to the direction of the department, until such time as a new 7 plan is approved. Upon plan expiration or revocation of the plan, the 8 balance of the producer responsibility organization's operating 9 reserves must be transferred to the control of the trustee within 10 five calendar days. All documents, digital records, contracts, and 11 files related to the operation of the plan must be transferred to the 12 control of the trustee within five calendar days. 13 NEW SECTION. Sec. 7. PLAN DEVELOPMENT, SUBMISSION, AND APPROVAL 14 PROCESS. (1)(a) By July 1, 2030, or no later than six months after 15 the adoption of rules by the department to implement this chapter, 16 whichever comes later, a producer responsibility organization must 17 develop and submit to the department a complete plan, in a form and 18 manner determined by the department, in accordance with the 19 requirements of this chapter, for the collection, transportation, 20 repair, sorting, upcycling, reuse, repurposing, recycling, and the 21 safe and proper management of covered products.22 (b) The department must post each submitted plan on the 23 department's website and allow advisory council established in 24 section 18 of this act and public comment for no less than 45 days 25 before approving, denying, or requesting additional information on 26 the submitted plan. 27 (c)(i) The department must review each submitted plan for 28 compliance with this chapter and must approve, disapprove, or 29 conditionally approve the plan within 120 days of receipt.30 (ii) If the department disapproves of a plan submitted by a 31 producer responsibility organization, the department must explain how 32 the plan does not comply with this chapter and provide written notice 33 to the producer responsibility organization within 60 days of 34 disapproval. The producer responsibility organization may resubmit to 35 the department a revised plan within 30 days of the date the written 36 notice was issued. 37 (iii) The department must review and approve or disapprove the 38 revised draft plan or amendment no later than 60 days after the 39 p. 17 SB 6174 department receives it. If the department disapproves the revised 1 plan or revised plan amendment, the department shall provide the 2 reason, in writing, and either: (A) Direct changes to the revised 3 plan or plan amendment; or (B) require the producer responsibility 4 organization to submit a second revision no later than 60 days from 5 the date of the rejection. 6 (iv) The department may approve the second revision submitted by 7 the producer responsibility organization with additional conditions 8 the producer responsibility organization must implement.9 (2) A producer responsibility organization comprised of more than 10 one member producer may not limit its plan for covered products to 11 the covered products of any producer or producers participating in 12 that plan. 13 (3)(a) By July 1, 2031, or within six months of plan approval, 14 whichever is later, each producer responsibility organization must 15 implement the plan approved by the department. 16 (b) A producer responsibility organization with an approved plan 17 must submit any proposed substantial change to the plan, as 18 determined by the department, to the department for approval 19 following the process in subsection (1) of this section.20 (4)(a) A producer responsibility organization must revise and 21 update its plan at least every five years after it is approved by the 22 department. 23 (b) The producer responsibility organization must submit to the 24 department a revised plan for review and approval consistent with 25 subsections (1) through (3) of this section. The producer 26 responsibility organization must submit the revised plan to the 27 department under this subsection at least 12 months prior to the 28 review deadline identified in (a) of this subsection. The revised 29 plan must include a cover letter that summarizes revisions to the 30 plan within 90 days of the review deadline outlined under this 31 subsection. 32 NEW SECTION. Sec. 8. PERFORMANCE TARGETS. (1)(a) Each producer 33 of covered products and each producer responsibility organization 34 must achieve the quantifiable five-year and annual performance 35 standards and metrics performance standards established in its plan.36 (b) After March 1, 2033, each producer of covered products and 37 each producer responsibility organization must achieve the 38 p. 18 SB 6174 performance standards adopted by the department under subsection (2) 1 of this section. 2 (2) After March 1, 2035, based on information included in plans 3 and annual reports, other information provided by producer 4 responsibility organizations, department waste characterization 5 studies, needs assessments, and economic and any other relevant 6 information, as determined by the department, the department must 7 submit recommendations to the appropriate committees of the 8 legislature whether and how to: 9 (a) Establish statutory performance standards and the dates by 10 which they are required to be achieved; and 11 (b) Adjust requirements around collection site participation, in 12 order to ensure the performance standards are achieved.13 NEW SECTION. Sec. 9. COLLECTION SITES. (1)(a) A producer 14 responsibility organization must approve collection sites under its 15 program that agree to comply with all applicable state, federal, or 16 municipal laws, regulations, and rules and conditions adopted by the 17 producer responsibility organization. A producer responsibility 18 organization must reimburse government entities that serve as 19 collection sites for demonstrable costs, as defined by rules adopted 20 by the department, associated with service as a collection site 21 including, but not limited to, associated labor costs and other costs 22 associated with accessibility and collection site standards such as 23 storage. 24 (b) A producer responsibility organization must include as a 25 collection site under its program any government entity that offers 26 in writing to participate in the program and agrees to comply with 27 any producer responsibility organization criteria that are consistent 28 with its approved plan, even if the minimum thresholds described in 29 subsection (2) of this section have been achieved. A producer 30 responsibility organization must include the government entity as a 31 collection site in the program within 90 days of receiving the 32 written offer to participate. The producer responsibility 33 organization is not required to respond to offers to participate 34 until a plan has been approved by the department. 35 (c) A producer responsibility organization may suspend or 36 terminate a collection site that does not comply with all applicable 37 state, federal, or municipal laws and regulations or adhere to the 38 p. 19 SB 6174 rules, criteria, and conditions imposed by the producer 1 responsibility organization. 2 (d) A collection site must be operated and managed to ensure that 3 covered products are collected safely and handled in accordance with 4 all applicable state, federal, and municipal laws and regulations and 5 the rules and conditions of the plan. A producer responsibility 6 organization must allow authorized collectors and authorized sorters 7 to divert reusable covered products for sale in secondhand markets, 8 repurpose, reuse, repair, or upcycling in a manner consistent with 9 standards established by the producer responsibility organization in 10 an approved plan. 11 (2) A producer responsibility organization must provide for a 12 free, equitable, and convenient drop-off or collection system for 13 covered products that may include temporary collection sites and 14 mail-back options, and that the collection standards must include 15 permanent collection sites in each county that: 16 (a) Provides for a minimum of 10 permanent collection sites or 17 one permanent collection site per 25,000 people, whichever is 18 greater, except that: 19 (i) A county with a population of 18,000 and under, as reported 20 annually by the office of financial management, must have a minimum 21 of three collection locations; 22 (ii) A county with a population of between 18,001 and 50,000, 23 inclusive, as reported annually by the office of financial 24 management, must have a minimum of four collection locations; and25 (iii) A county with a population of between 50,001 and 100,000, 26 inclusive, as reported annually by the office of financial 27 management, must have a minimum of eight collection locations;28 (b) Provides for a reasonable and equitable geographic spread of 29 permanent collection sites, as justified by a description in the 30 plan. 31 (3) Following collection at a collection site, covered products 32 must: 33 (a) Be handled and managed consistent with the waste management 34 hierarchy established in RCW 70A.205.005(8), including prioritization 35 of reuse, including repair, repurpose, upcycling, and recycling, in 36 descending order of priority, of collected covered products;37 (b) Include incentive payments, grants, and market development 38 investments, including nonprofit retail resellers of covered 39 products, to encourage reuse over recycling and other methods and to 40 p. 20 SB 6174 support the infrastructure necessary to implement the plan, which 1 must include incentive payments, grants, and market development 2 investments that prioritize infrastructure closer to the point of 3 generation under (e) of this subsection and ensure that covered 4 products are repaired, reused, repurposed, upcycled, or recycled and 5 have responsible end markets; 6 (c) Be sorted by authorized sorters and the flow of covered 7 products to and from authorized collectors, authorized sorters, 8 authorized repair businesses, and recyclers must be tracked through 9 final disposition; 10 (d) Be managed by the producer responsibility organization to 11 maximize the reuse, repair, repurposing, upcycling, and recycling of 12 all covered products, and to minimize disposal of covered products 13 collected by the producer responsibility organization; and14 (e) Be managed by the producer responsibility organization in a 15 manner that prioritizes, to the extent feasible, the use and 16 development of sorting, repair, and recycling facilities located 17 closer to the point of collection to minimize transportation-related 18 emissions and increase accountability for the ultimate disposition of 19 covered products. 20 (4) The producer responsibility organization must conduct an 21 annual assessment, using metrics described in its plan, to determine 22 how collection, sorting, and transportation outcomes aligned with 23 projections. 24 (5) Products designed by use for infants and children under 12 25 years of age with components that pose a risk of detachment, thus 26 creating choking hazards, or containing components subject to 16 27 C.F.R. Parts 1303 and 1307, including, but not limited to, metallic, 28 vinyl, or plastic snaps, zippers, grommets, closures, or appliques, 29 may be excluded from the reuse and repair under subsection (3)(a) of 30 this section by a producer responsibility organization.31 (6) Nothing in this chapter limits the authority of the utilities 32 and transportation commission to regulate collection of solid waste, 33 including curbside collection of residential recyclable materials, in 34 accordance with chapter 81.77 RCW . 35 NEW SECTION. Sec. 10. PRODUCER RESPONSIBILITY ORGANIZATION FEES 36 AND REIMBURSEMENT OF STATE COSTS. (1) Each producer responsibility 37 organization must pay all administrative and operational costs 38 associated with establishing and implementing the program including, 39 p. 21 SB 6174 but not limited to, the cost of collection, transportation, sorting, 1 repairing, reuse, repurposing, upcycling, recycling, and the safe and 2 proper management of covered products. 3 (2)(a) A producer responsibility organization must establish a 4 method for fully funding the producer responsibility organization in 5 a manner that equitably distributes the program's costs among 6 participating producers. Upon plan approval, the funding mechanism 7 approved in the plan must include a per-unit eco-modulated fee that 8 reflects Washington sales volume, existing producer collection, 9 repair, reuse, and recycling programs that help achieve the purposes 10 of this chapter, and the cost of reusing, repairing, repurposing, 11 upcycling, recycling, or otherwise managing covered products under 12 this chapter. The intent of the eco-modulated fee is to incentivize 13 design choices that facilitate the achievement of goals outlined in 14 the plan, including reuse, repair, repurposing, upcycling, and 15 recycling, and reduction and removal of harmful chemicals, microfiber 16 and microplastic shedding, and mixed material blends through reduced 17 fees, while using malus fees to disincentivize practices and 18 materials incongruent with the plan goals. The producer 19 responsibility organization must consider existing collection, 20 repair, reuse, repurposing, upcycling, and recycling programs in 21 developing the eco-modulated fee structure. 22 (b) The funding mechanism must demonstrate adequate funding for 23 all administrative and operational costs of the program, to be borne 24 by participating producers, and must distribute participating 25 producers' costs in consideration of the cost of managing their 26 specific covered products under the approved plan.27 (3)(a) A producer responsibility organization must propose in 28 each plan a five-year budget that establishes a funding level 29 sufficient to operate the producer responsibility organization in a 30 prudent and responsible manner. The budget must demonstrate how 31 estimated revenues will cover all budgeted costs for each cost 32 category, and the plan must describe the types of activities related 33 to each line item cost category. 34 (b) Budgeted costs categories must include, but are not limited 35 to: 36 (i) Administrative costs, which include the department's costs to 37 implement and enforce this chapter. Each producer responsibility 38 organization must submit an initial payment to the department by June 39 30, 2027, to cover actual and estimated costs of the department from 40 p. 22 SB 6174 the effective date of this section through June 30, 2028. Beginning 1 June 30, 2028, each producer responsibility organization must submit 2 an annual registration fee to the department to fund estimated costs 3 of the department to implement, administer, and enforce this chapter 4 for the coming fiscal year; 5 (ii) Education and outreach costs; 6 (iii) Operational costs; 7 (iv) Capital costs; and 8 (v) A reserve to operate the producer responsibility organization 9 should there be unexpected events, such as losses of income, and 10 large unbudgeted expenses in order to protect the collection, 11 sorting, reuse, repurposing, repair, upcycling, and recycling 12 infrastructure the producer responsibility organization relies upon 13 in its plan, during any lapse in a producer participating during the 14 life of the program. This cost category must include a reserve level 15 amount that is justified by a description in the plan. The producer 16 responsibility organization must maintain reserve funds sufficient to 17 operate the plan for no less than six months. Each new plan submitted 18 by a producer responsibility organization must establish its reserve 19 and maintain the required reserve fund balance by the end of the 20 second year of plan operation. 21 (4) Retailers, producers, or producer responsibility 22 organizations may not charge a point-of-sale fee to consumers to 23 cover the costs of the producer responsibility organization or the 24 program. 25 NEW SECTION. Sec. 11. EDUCATION AND OUTREACH. (1) A producer 26 responsibility organization must develop and implement a 27 comprehensive statewide education and outreach program that, at 28 minimum, includes:29 (a) An education and communications strategy to effectively 30 promote participation in the program and provide the information 31 necessary for effective participation by consumers, retailers, 32 distributors, wholesalers, government entities, nonprofit 33 organizations, and others; 34 (b) A joint internet website, in coordination with all other 35 producer responsibility organizations registered under this chapter 36 with the department, that publicizes the location of collection sites 37 and provides information to consumers on how to drop off covered 38 products at the free and convenient network of collection sites 39 p. 23 SB 6174 offered by the producer responsibility organization, including any 1 information reasonably necessary to safely and conveniently access 2 the collection, repair, and recycling services offered by the 3 producer responsibility organization; 4 (c) Signage that is prominently displayed and easily visible;5 (d) Signage and materials that are required by the producer 6 responsibility organization for collection sites, and a method for 7 collection sites to access replacement materials at no cost to the 8 collection site; 9 (e) Education and outreach activities that are conceptually, 10 linguistically, and culturally tailored to effectively reach diverse 11 residents and include culturally responsive materials and methods 12 that rely on evidence-based practices, are accessible, clear, and 13 support the achievement of the performance targets, including by 14 developing and providing educational materials, resources, and 15 campaigns that encourage and support reuse, repair, repurposing, 16 upcycling, and recycling behaviors by residents and visitors;17 (f) Promotional materials and activities, or both, that explain 18 the purpose of the producer responsibility organization and the means 19 by which the program is being carried out; 20 (g) A strategy to encourage consumers to separate products that 21 are not covered products from covered products, when appropriate, 22 before submitting the covered products to an authorized collection 23 site or mail-back program; 24 (h) Materials designed to inform third-party sellers or renters 25 on online platforms of their duty to comply with this chapter and how 26 to join the producer responsibility organization; and27 (i) Information for the public on secondhand markets and the 28 benefits of reuse, repair, repurpose, and upcycling.29 (2) The statewide education and outreach program must:30 (a) Promote the safe and proper management of covered products, 31 including information on where customers can purchase repaired, 32 repurposed, upcycled, recycled, and reused covered products. This 33 must include education and training for authorized collectors to 34 incentivize domestic resale of usable covered products;35 (b) Not promote the disposal of covered products in a manner 36 inconsistent with the services offered by the plan; and37 (c) Include information for consumers about how to avoid improper 38 disposal of covered products. 39 p. 24 SB 6174 (3) A producer responsibility organization must coordinate with 1 authorized collectors and authorized sorters and participating 2 government entities in carrying out education and outreach under this 3 section. 4 (4) Activities undertaken under this section must:5 (a) Assist producers in improving product labels as a means of 6 informing consumers about reuse, repair, repurposing, upcycling, 7 recycling, and other environmentally sound methods of managing 8 covered products; 9 (b) Increase public awareness of how to use and manage covered 10 products in an environmentally sound manner and how to access reuse, 11 repurposing, repair, upcycling, and recycling services;12 (c) Encourage behavior change to increase participation in waste 13 reduction, reuse, repair, repurposing, upcycling, and recycling 14 programs including by considering motivational structures for 15 recycling and reuse by engaging local communities in the design and 16 implementation of programs and developing community-led solutions 17 that are tailored to their specific cultural practices and waste 18 generation patterns; and 19 (d) Develop and provide education and outreach materials that are 20 able to be used by retail establishments, collectors, government 21 entities, service providers, schools, institutions, youth 22 organizations, and nonprofit organizations. Outreach materials must 23 be accessible in multiple languages and culturally appropriate 24 formats including by reaching non-English-speaking communities and by 25 using a variety of tailored media and behavior change strategies.26 NEW SECTION. Sec. 12. RECORDKEEPING AND REPORTING. (1)(a) A 27 producer responsibility organization must keep board minutes, books, 28 and records that clearly reflect the activities and transactions of 29 the producer responsibility organization.30 (b) A producer responsibility organization must include in its 31 plan a process by which the financial activities of the organization 32 or individual producers that are related to implementation of the 33 plan will be subject to an independent audit consistent with 34 generally accepted accounting principles. 35 (c) The failure of a producer responsibility organization or 36 producer, or their respective agent who holds records, to produce 37 documents or data requested by the department, required to be 38 collected or generated to carry out operation of the plan in the form 39 p. 25 SB 6174 and manner determined by the department, as part of a department 1 audit, or review of a third-party audit, constitutes a violation of 2 this chapter. 3 (d) A producer responsibility organization must retain an 4 independent public accountant, certified in the United States, to 5 annually audit the accounting books of the producer responsibility 6 organization. The department must review the independent certified 7 public accountant audit for compliance with this chapter and 8 consistency with the producer responsibility organization's plan and 9 annual report. After the department conducts a review of the 10 independent third party's annual audit, the department must notify 11 the producer responsibility organization of any conduct or practice 12 that does not comply with this chapter or of any inconsistencies 13 identified in the audit. The items submitted to the department as 14 part of the independent audit must include: 15 (i) Financial statements audited in accordance with generally 16 accepted accounting principles; 17 (ii) An audit of the producer responsibility organization's 18 compliance with this chapter; and 19 (iii) An audit of the producer responsibility organization's 20 adherence to, execution of, and consistency with its plan.21 (2) A producer responsibility organization must annually submit 22 to the department, in the form and manner and by the date determined 23 by the department, an annual report and make that report publicly 24 available on the producer responsibility organization's website. The 25 report must include, at minimum, all of the following information for 26 the preceding calendar year unless otherwise specified:27 (a) The independent audit required under subsection (1)(d) of 28 this section; 29 (b) The producer responsibility organization's costs, according 30 to the cost categories established in the plan, and revenues;31 (c) A summary of any anticipated changes to allocations in cost 32 categories for the next calendar year; 33 (d) Any changes to the distribution of a participating producer's 34 costs; 35 (e) The amounts of the eco-modulated fees based on the criteria 36 established under section 10 (2) of this act and the producer 37 responsibility organization's evaluation of the effectiveness of the 38 eco-modulated fees; 39 p. 26 SB 6174 (f) An updated list of producers participating in the plan and an 1 updated list of the names and contact information, including email 2 address, telephone number, and physical and mailing addresses of each 3 producer and brands of covered products covered under the plan;4 (g) A list of the producer responsibility organization's 5 authorized collection sites by name, location, and type;6 (h)(i) The amount of covered products sold in or into the state 7 by the producers covered by the producer responsibility 8 organization's plan; 9 (ii) The amount described in (h)(i) of this subsection must be 10 broken down by material and fiber type category and harmonized tariff 11 schedule of the United States (HTS) number; 12 (i) The total weight of covered products, respectively, that were 13 collected, broken down by material and fiber type categories;14 (j) The total weight of covered products, by category, that were 15 collected and deemed reusable or recyclable by each respective 16 authorized collector and authorized sorter; 17 (k) A list of each authorized sorter, authorized repair, 18 repurpose, or upcycling business, and covered product recycling 19 facility used by the producer responsibility organization, including 20 name and location and the total weight of covered products handled by 21 each location; 22 (l) The total weight and number of introduced covered products 23 attributed to a producer, who is a registered participant of the 24 producer responsibility organization's plan, which are collected in 25 the state and reused, repurposed, upcycled, or recycled by the 26 producer responsibility organization, including a description of the 27 methodology and information used to determine and calculate these 28 values; 29 (m) A complete accounting of the ultimate disposition of all 30 covered products collected by the producer responsibility 31 organization, including the total weight of covered products that 32 were repaired, repurposed, upcycled, or recycled; 33 (n) Metrics and a description of the progress towards attaining 34 the performance standards included in the plan; 35 (o) A description of the methods used to collect, transport, 36 repair, repurpose, upcycle, and recycle covered products by the 37 producer responsibility organization, including a description of:38 p. 27 SB 6174 (i) How the producer responsibility organization handled and 1 managed covered products according to the waste hierarchy in RCW 2 70A.205.005(8); 3 (ii) How the producer responsibility organization maximized 4 reuse, repurpose, upcycling, and recycling of all covered products;5 (iii) How the producer responsibility organization minimized 6 disposal of all covered products collected by the producer 7 responsibility organization; and 8 (iv) Results of the producer responsibility organization's 9 assessment of the efficacy of the collection, sorting, and 10 transportation process; 11 (p) A description of how the producer responsibility organization 12 provided incentive payments, grants, and market development 13 investments to support the infrastructure necessary to effectively 14 implement the plan, including how incentive payments, grants, and 15 market development investments prioritized infrastructure closer to 16 the point of generation; 17 (q) A description of the outreach and education program 18 including, but not limited to, the producer responsibility 19 organization's evaluation of the efficacy of the comprehensive 20 statewide education and outreach program in section 11 of this act 21 and steps taken to improve the program; 22 (r) A description of how the producer responsibility organization 23 coordinated with other producer responsibility organizations 24 registered under this chapter; 25 (s) A report on activities the producer responsibility 26 organization has undertaken to prioritize the use of sorting, 27 repurposing, upcycling, and recycling facilities located closer to 28 the point of generation to minimize transportation emissions and 29 increase accountability for the ultimate disposition of collected 30 covered products; 31 (t) An analysis of whether the producer responsibility 32 organization met performance standards established by the producer 33 responsibility organization or by the department under section 8 of 34 this act; 35 (u) A description of how the producer responsibility organization 36 addressed the presence of perfluoroalkyl and polyfluoroalkyl 37 substances and other chemicals identified or regulated under chapters 38 70A.350 and 70A.430 RCW, including but not limited to the actions 39 taken and investments made to avoid contamination in the repurposing, 40 p. 28 SB 6174 upcycling, or recycling process, and the availability of end markets 1 for recycled material that could not be remanufactured into apparel 2 or textile articles in Washington; 3 (v) Any other information deemed relevant by the producer 4 responsibility organization for the department to determine 5 compliance with the approved plan; and 6 (w) Other information required by rules adopted by the 7 department. 8 (3)(a) No later than 120 days after the date the department 9 receives the annual report submitted by a producer responsibility 10 organization under subsection (2) of this section, the department 11 must notify the producer responsibility organization if the annual 12 report is compliant or noncompliant. 13 (b) If the department determines that the annual report is 14 noncompliant due to failure to meet the requirements of this chapter, 15 the department may require the resubmittal of the annual report or 16 take enforcement action. 17 (4) Individual producer financial or sales data reported to the 18 department is not a public record consistent with RCW 42.56.270, and 19 is not subject to inspection or copying under chapter 42.56 RCW .20 NEW SECTION. Sec. 13. APPAREL PRODUCER DISCLOSURE. (1) 21 Beginning January 31, 2027, each producer of apparel must annually 22 disclose the following to the department:23 (a) A notice consistent with RCW 70A.430.060 identifying each 24 covered product that contains a high priority chemical identified 25 under RCW 70A.430.040 or a priority chemical as defined in RCW 26 70A.350.010 or that is the subject of a rule adopted under chapter 27 70A.350 RCW ; 28 (b) A description of any terms used in marketing, labels, or 29 public-facing communications by the producer to describe elements of 30 the environmental impact or sustainability of the producer's covered 31 products including, but not limited to, terms such as "sustainable," 32 "green," "low impact," or "environmentally friendly," and how the 33 producer defines or measures such terms; 34 (c) A description of how each producer sells, gifts, or otherwise 35 disposes of unwanted excess covered products that are not sold or 36 rented to consumers through retail, and the volume of such unwanted 37 excess covered products disposed of during the most recent calendar 38 year; and 39 p. 29 SB 6174 (d) A description of the producer's current activities, 1 initiatives, or targets related to reducing the apparel producer's 2 environmental impacts. 3 (2) In addition to the requirements of subsection (1) of this 4 section, beginning January 31, 2027, each apparel producer that has 5 an annual worldwide gross income of the business that exceeds 6 $100,000,000 must disclose the following to the department:7 (a) The environmental due diligence policies, processes, and 8 outcomes of the apparel producer, including: 9 (i) Significant real or potential adverse environmental impacts 10 associated with the apparel producer; 11 (ii) The contents of any environmental sustainability reports 12 related to the apparel producer's operations; 13 (iii) Measurements of the amount and type of recycled content in 14 each covered product produced by the manufacturer; and15 (iv) Measurements of the greenhouse gas emissions associated with 16 the apparel producer's covered products, including the methodology 17 associated with such measurements; and 18 (b) The working conditions of the apparel producer and direct 19 suppliers of products for or inputs to the apparel producer.20 (3)(a) For purposes of this section, the following definitions 21 shall apply unless the context clearly indicates otherwise:22 (i) "Due diligence" means the process companies carry out to 23 identify, prevent, mitigate, and account for how they address actual 24 and potential adverse impacts in their own operations, their supply 25 chain, and other business relationships, in the manner recommended in 26 the organization for economic cooperation and development guidelines 27 for multinational enterprises, the organization for economic 28 cooperation and development due diligence guidance for responsible 29 business conduct, and United Nations guiding principles of business 30 and human rights, as those guidelines and guidance existed as of 31 January 1, 2024. 32 (ii) "Gross income of the business" means the value proceeding or 33 accruing by reason of the transaction of the business engaged in and 34 includes gross proceeds of sales, compensation for the rendition of 35 services, gains realized from trading in stocks, bonds, or other 36 evidences of indebtedness, interest, discount, rents, royalties, 37 fees, commissions, dividends, and other emoluments however 38 designated, all without any deduction on account of the cost of 39 tangible property sold, the cost of materials used, labor costs, 40 p. 30 SB 6174 interest, discount, delivery costs, taxes, or any other expense 1 whatsoever paid or accrued and without any deduction on account of 2 losses. 3 (iii) "Working conditions" means the: 4 (A) Average number of employees by employment type: Full time, 5 part time, and temporary; 6 (B) Average hourly wage, including all nondiscretionary wages and 7 bonuses, by hourly wage bands: $15 or below, $15.01 to $20, $20.01 to 8 $25, $25.01 to $30, $30.01 to $50, and $50.01 or greater;9 (C) Average total number of employees enrolled in medical plans 10 provided by the employer; 11 (D) Average total number of employees enrolled in dental plans 12 provided by the employer; 13 (E) Average total number of employees enrolled in retirement 14 plans provided by the employer; and 15 (F) Total case incident rate for the prior calendar year.16 (b) For the purpose of this subsection, "average" means the mean 17 value: 18 (i) For the two previous years; or 19 (ii) If the business has been operational for less than two 20 years, since the business has been operational. 21 NEW SECTION. Sec. 14. DEPARTMENT OF ECOLOGY ADMINISTRATION AND 22 OVERSIGHT. (1)(a) The department must implement, administer, and 23 enforce this chapter. By December 31, 2029, the department shall 24 adopt rules as necessary to implement, administer, and enforce this 25 chapter.26 (b) To the extent feasible, registration, recordkeeping, 27 reporting, and other logistical requirements adopted by the 28 department under this chapter must be harmonized with similar 29 requirements applicable to producers in other jurisdictions.30 (c) The rules adopted by the department must establish program 31 requirements that have the effect of encouraging and incentivizing 32 repair, reuse, upcycling, or recycling that minimizes waste, 33 hazardous waste, greenhouse gases, environmental impacts, negative 34 environmental justice impacts, and negative public health impacts.35 (2)(a) By May 1, 2027, the department must determine an initial 36 annual payment that is adequate to cover the department's costs to 37 implement, administer, and enforce this chapter from the effective 38 date of this section until June 30, 2028. By May 1, 2028, and 39 p. 31 SB 6174 annually every May 1st thereafter, the department must determine a 1 producer responsibility organization payment due in June to cover the 2 department's estimated cost for the coming fiscal year.3 (b) The producer responsibility organization must annually pay 4 the department fees to cover the department's incurred costs. The 5 fees must not exceed the department's actual regulatory costs to 6 implement and enforce this chapter. 7 (c) The department must deposit all moneys received from a 8 producer responsibility organization under this subsection in the 9 textile extended producer responsibility account created in section 10 24 of this act. 11 (3) The department may audit the producer responsibility 12 organization or an individual producer annually with respect to the 13 requirements of this chapter. 14 (4)(a) Within 12 months of the effective date of the rules 15 adopted under this chapter, and on or before July 1st of each year 16 thereafter, the department must post on its internet website a list 17 of producers that are in compliance with this chapter. The department 18 must list, as appropriate, the reported brands of covered products 19 for each producer. 20 (b) A producer that is not listed on the department's internet 21 website under (a) of this subsection that demonstrates compliance 22 with this chapter before the next list is posted by the department 23 may either be added to the internet website or provided a 24 certification letter from the department stating that the producer of 25 a covered product is in compliance with this chapter. The 26 department's list of compliant entities must be available on the 27 department's website in a machine-readable format.28 (c) If the department determines that a producer is not in 29 compliance with this chapter, the department must remove the 30 producer, along with its brands and covered products, from the list 31 of compliant producers posted on the department's website. The 32 department must list on its internet website a producer, along with 33 its brands and covered products, if the department subsequently 34 determines that the producer is in compliance with this chapter.35 NEW SECTION. Sec. 15. ENFORCEMENT. (1)(a) The department may 36 administratively impose a civil penalty of up to $1,000 per violation 37 per day on any person who violates this chapter and up to $10,000 per 38 violation per day for the second and each subsequent violation.39 p. 32 SB 6174 (b) For a person out of compliance with the requirements of this 1 chapter, the department shall provide written notification and offer 2 information. For the purposes of this section, written notification 3 serves as notice of the violation. The department must issue at least 4 one notice of violation by certified mail prior to assessing a 5 penalty and the department may only impose a penalty on a person that 6 has not met the requirements of this chapter 60 days following the 7 date the written notification of the violation was sent.8 (2)(a) The department may administratively impose a civil penalty 9 of up to $10,000 per violation per day on any producer responsibility 10 organization that violates this chapter and up to $50,000 per 11 violation per day for the second and each subsequent violation.12 (b) The department may, in addition to assessing the penalties 13 provided in (a) of this subsection, take any combination of the 14 following actions: 15 (i) Issue a corrective action order to a producer responsibility 16 organization; 17 (ii) Issue an order to a producer responsibility organization to 18 provide for the continued implementation of the program in the 19 absence of an approved plan; 20 (iii) Revoke the producer responsibility organization's plan 21 approval and require implementation of the contingency plan; or22 (iv) Require a producer responsibility organization to revise or 23 resubmit a plan within a specified time frame. 24 (c) Prior to taking an action described in this subsection, the 25 department must provide the producer responsibility organization an 26 opportunity to respond to or rebut the written finding upon which the 27 action is predicated. 28 (3)(a) The department may require a producer, producer 29 responsibility organization, manufacturer, distributor, retailer, or 30 importer to: 31 (i) Provide the department with reasonable and timely access, as 32 determined by the department, to its facilities and operations, as 33 necessary to determine compliance with this chapter; or34 (ii) Report additional information to allow the department to 35 determine compliance with this chapter. 36 (b) Records required by this chapter must be maintained and 37 accessible for five years. All reports and records provided to the 38 department under this chapter must be provided under penalty of 39 perjury. 40 p. 33 SB 6174 (4) A person may not introduce a covered product of a producer 1 that is not participating in a producer responsibility organization 2 or that is not in compliance with the requirements of this chapter or 3 rules adopted under this chapter. 4 (a) The department shall serve, or send with delivery 5 confirmation, a written warning explaining the violation to a person 6 introducing covered products of a producer that is not in compliance 7 with this chapter. 8 (b) The department may assess a penalty on a person that 9 continues to introduce covered products of a producer that is in 10 violation of this chapter 60 days after receipt of the written 11 warning under this subsection. The amount of the penalty that the 12 department may assess under this subsection is twice the value of the 13 covered products sold in violation of this chapter or $500, whichever 14 is greater. The department must waive the penalty upon verification 15 that the person has discontinued distribution or sales of the covered 16 product within 30 days of the date the penalty is assessed.17 (5) Any person who incurs a penalty or receives an order may 18 appeal the penalty or order to the pollution control hearings board 19 created in chapter 43.21B RCW . 20 (6) Penalties levied under this section must be deposited in the 21 model toxics control operating account created in RCW 70A.305.180.22 NEW SECTION. Sec. 16. MARKETPLACE PROVISIONS. (1) Retailers, 23 importers, distributors, and online marketplaces for covered products 24 must monitor the department's internet website where compliant 25 producers are posted under section 14 (4) of this act, to determine if 26 a producer, brand, or covered product is in compliance with this 27 chapter for that producer of covered products.28 (2)(a) Except as provided in (b) of this subsection, on and after 29 the date a plan is approved by the department, a retailer, importer, 30 distributor, or online marketplace is prohibited from introducing a 31 covered product for use in the state unless the producer of the 32 covered product is listed as in compliance for that brand and covered 33 product. 34 (b) A retailer, importer, distributor, or online marketplace may 35 introduce a covered product: 36 (i) If the retailer, importer, distributor, or online marketplace 37 has fulfilled the obligations for those covered products which the 38 retailer, importer, distributor, or online marketplace introduces;39 p. 34 SB 6174 (ii) If, on the date the retailer or distributor introduces the 1 covered product in or into the state, the producer, brand, or covered 2 product was listed as compliant on the department's internet website; 3 and 4 (iii) Any existing stock of a retailer or distributor before the 5 initial list was posted by the department on the department's 6 internet website. 7 (c) This subsection does not apply to secondhand covered 8 products. 9 (3) An online marketplace must annually do the following 10 consistent with rules adopted by the department: 11 (a) Notify the department and the producer responsibility 12 organization of all third-party sellers with sales of covered 13 products over $1,000,000 sold on their online marketplace in the 14 preceding year and provide all required information. The amount of 15 the sales described in this subsection includes only those 16 transactions through the online marketplace for which payment is 17 processed by the online marketplace directly or through its payment 18 processor; 19 (b) Provide all third-party sellers described in (a) of this 20 subsection with the information requirements of law as provided by 21 the producer responsibility organization consistent with the 22 requirements of section 11 of this act. 23 NEW SECTION. Sec. 17. PROHIBITION ON CERTAIN USES OF PRODUCER 24 RESPONSIBILITY ORGANIZATION FUNDS. A producer responsibility 25 organization may not use funds collected to implement a plan required 26 under this chapter for purposes associated with:27 (1) The payment of an administrative penalty levied;28 (2) Administrative appeals of orders or penalties;29 (3) Litigation between the producer responsibility organization 30 and the state; 31 (4) Compensation of a person whose position is primarily 32 representing the producer responsibility organization relative to the 33 passage, defeat, approval, or modification of legislation that is 34 being considered by a government entity; 35 (5) Paid advertisements related to encouraging the passage, 36 defeat, approval, or modification of legislation that is being 37 considered during an upcoming or current legislative session or was 38 considered during the previous legislative session; or39 p. 35 SB 6174 (6) For any other lobbying or political advocacy activities that 1 would require reporting under chapter 42.17A RCW or under the federal 2 election campaign act, 2 U.S.C. chapter 14. 3 NEW SECTION. Sec. 18. ADVISORY COUNCIL. (1) The textiles and 4 apparel producer responsibility advisory council is established to 5 review all activities conducted by producer responsibility 6 organizations under this chapter and to advise the department and 7 producer responsibility organizations regarding the implementation of 8 this chapter.9 (2) By January 31, 2027, the department must establish and 10 appoint the initial membership of the advisory council. The 11 membership of the advisory council must consist of the following:12 (a) One member representing manufacturers of textiles or a 13 statewide or national trade association representing those 14 manufacturers; 15 (b) One member representing manufacturers of apparel or a 16 statewide or national trade association representing those 17 manufacturers; 18 (c) Two members representing recycling facilities that manage 19 textiles and apparel; 20 (d) One member representing a solid waste collection company or a 21 statewide association representing solid waste collection companies;22 (e) One member representing retailers of textiles and apparel or 23 a statewide trade association representing those retailers;24 (f) One member representing a statewide nonprofit environmental 25 organization with a focus on textile reuse, repurposing, upcycling, 26 and recycling; 27 (g) One member representing a community-based nonprofit 28 environmental justice organization with a focus on textile reuse, 29 repurposing, upcycling, and recycling; 30 (h) One member representing entities that own or operate clothing 31 drop-off collection locations in Washington; 32 (i) One member representing nonprofit thrift stores;33 (j) One member representing a covered product consignment 34 business; 35 (k) Two members representing individuals or organizations 36 representing overburdened, underrepresented, or historically 37 marginalized communities; 38 (l) One member representing an association of counties;39 p. 36 SB 6174 (m) One member representing an association of cities;1 (n) One member representing tribal or indigenous textile or 2 apparel management organizations; 3 (o) One nonvoting member representing each registered producer 4 responsibility organization; and 5 (p) One nonvoting member representing the department.6 (3) In appointing members, the department: 7 (a) Is prohibited from appointing members who are state 8 legislators or registered lobbyists; 9 (b) Is prohibited from appointing members who are employees of 10 producers required to be members of a producer responsibility 11 organization under this chapter; and 12 (c) Must endeavor to appoint members from all regions of the 13 state. 14 (4)(a) The member appointed to represent the department serves at 15 the pleasure of the department. All other members serve for a term of 16 four years, except that the initial term for nine of the initial 17 appointees must be two years so that membership terms are staggered. 18 Members may be reappointed but may not serve more than eight 19 consecutive years. 20 (b) A member may be removed by the department at any time. The 21 chair of the advisory council must inform the department of a member 22 missing three consecutive meetings. After the second consecutive 23 missed meeting, the chair of the advisory council must notify the 24 member in writing that the member may be removed for missing the next 25 meeting. If there is a vacancy on the advisory council for any 26 reason, the department shall make an appointment to become effective 27 immediately for the unexpired term. 28 (5) Advisory councilmembers that are representatives of tribes, 29 tribal or indigenous services organizations, community-based 30 organizations, or environmental nonprofit organizations must, if 31 requested, be compensated and reimbursed in accordance with 32 RCW 43.03.050, 43.03.060, and 43.03.220. 33 (6)(a) A majority of the voting members of the advisory council 34 constitutes a quorum. If there is a vacancy in the membership of the 35 advisory council, a majority of the remaining voting members of the 36 advisory council constitutes a quorum. 37 (b) Action by the advisory council requires a quorum and a 38 majority of those present and voting. All members of the advisory 39 council, except the member appointed to represent the department and 40 p. 37 SB 6174 the member appointed to represent the producer responsibility 1 organization, are voting members of the advisory council.2 (7)(a) The advisory council must meet at least two times per year 3 and may meet more frequently upon 10 days' written notice at the 4 request of the chair or a majority of its members. 5 (b) Meetings of the advisory council must comply with chapter 6 42.30 RCW , the open public meetings act. 7 (8) At its initial meeting, and every two years thereafter, the 8 advisory council must elect a chair and vice chair from among its 9 members. 10 (9) The department shall provide administrative and operating 11 support to the advisory council, including compensation in accordance 12 with subsection (5) of this section, and may contract with a third-13 party facilitator to assist in administering the activities of the 14 advisory council, including establishing a website or landing page on 15 the department website. 16 (10) The department must assist the advisory council in 17 developing policies and procedures governing the disclosure of actual 18 or perceived conflicts of interest that advisory councilmembers may 19 have as a result of their employment or financial holdings with 20 respect to themselves or family members. Each advisory councilmember 21 is responsible for reviewing the conflict-of-interest policies and 22 procedures. An advisory councilmember must disclose any instance of 23 actual or perceived conflicts of interest at each meeting of the 24 advisory council at which recommendations regarding plans, programs, 25 operations, or activities are made by the advisory council.26 NEW SECTION. Sec. 19. CONFIDENTIAL INFORMATION SUBMISSION. A 27 producer responsibility organization, producer, or other entity that 28 submits information or records to the department under this chapter 29 may request that the information or records, including data related 30 to business profits, service rates, fees, or business expenses or 31 private data on individuals, be made available only for the 32 confidential use of the department, the director of the department, 33 the appropriate division of the department, or the independent 34 consultant carrying out the independent review of the program in RCW 35 70A.208.210. The director of the department must consider the request 36 and if this action is not detrimental to the public interest and is 37 otherwise in accordance with the policies and purposes of chapter 38 p. 38 SB 6174 43.21A RCW, the director must grant the request for the information 1 to remain confidential as authorized in RCW 43.21A.160.2 Sec. 20. RCW 36.70.330 and 2022 c 180 s 601 are each amended to 3 read as follows: 4 SITING OF PROGRAM INFRASTRUCTURE. The comprehensive plan shall 5 consist of a map or maps, and descriptive text covering objectives, 6 principles and standards used to develop it, and shall include each 7 of the following elements: 8 (1) A land use element which designates the proposed general 9 distribution and general location and extent of the uses of land for 10 agriculture, housing, commerce, industry, recreation, education, 11 public buildings and lands, and other categories of public and 12 private use of land, including a statement of the standards of 13 population density and building intensity recommended for the various 14 areas in the jurisdiction and estimates of future population growth 15 in the area covered by the comprehensive plan, all correlated with 16 the land use element of the comprehensive plan. The land use element 17 shall also provide for protection of the quality and quantity of 18 groundwater used for public water supplies and shall review drainage, 19 flooding, and stormwater runoff in the area and nearby jurisdictions 20 and provide guidance for corrective actions to mitigate or cleanse 21 those discharges that pollute Puget Sound or waters entering Puget 22 Sound. Development regulations to implement comprehensive plans under 23 this chapter that are newly developed, updated, or amended after 24 January 1, 2025, must allow for the siting of organic materials 25 management facilities in the areas identified in RCW 26 70A.205.040(3)(a)(i) to the extent necessary to provide for the 27 establishment of the organic materials management volumetric capacity 28 identified under RCW 70A.205.040(3)(a)(ii). Development regulations 29 to implement comprehensive plans under this chapter that are newly 30 developed, updated, or amended after January 1, 2027, must allow for 31 the siting of collection sites under chapter 70A.--- RCW (the new 32 chapter created in section 28 of this act) to the extent necessary to 33 ensure the satisfaction of the collection standards in section 9 (2) 34 of this act and the achievement of the performance targets in section 35 8 of this act ; 36 (2) A circulation element consisting of the general location, 37 alignment and extent of major thoroughfares, major transportation 38 routes, trunk utility lines, and major terminal facilities, all of 39 p. 39 SB 6174 which shall be correlated with the land use element of the 1 comprehensive plan; 2 (3) Any supporting maps, diagrams, charts, descriptive material 3 and reports necessary to explain and supplement the above elements.4 Sec. 21. RCW 36.70A.142 and 2022 c 180 s 602 are each amended to 5 read as follows: 6 SITING OF PROGRAM INFRASTRUCTURE. (1) Development regulations to 7 implement comprehensive plans under this chapter that are newly 8 developed, updated, or amended after January 1, 2025, must allow for 9 the siting of organic materials management facilities in the areas 10 identified in RCW 70A.205.040(3)(a)(i) to the extent necessary to 11 provide for the establishment of the organic materials management 12 volumetric capacity identified under RCW 70A.205.040(3)(a)(ii).13 (2) Development regulations to implement comprehensive plans 14 under this chapter that are newly developed, updated, or amended 15 after January 1, 2027, must allow for the siting of collection sites 16 under chapter 70A.--- RCW (the new chapter created in section 28 of 17 this act) to the extent necessary to ensure the satisfaction of the 18 collection standards in section 9 (2) of this act and the achievement 19 of the performance targets in section 8 of this act.20 Sec. 22. RCW 35.63.290 and 2022 c 180 s 603 are each amended to 21 read as follows: 22 SITING OF PROGRAM INFRASTRUCTURE. (1) For cities not planning 23 under RCW 36.70A.040, development regulations to implement 24 comprehensive plans under RCW 35.63.100 that are newly developed, 25 updated, or amended after January 1, 2025, must allow for the siting 26 of organic materials management facilities in the areas identified by 27 the county in which the city is located under RCW 28 70A.205.040(3)(a)(i) to the extent necessary to provide for the 29 establishment of the organic materials management volumetric capacity 30 identified under RCW 70A.205.040(3)(a)(ii). 31 (2) For cities not planning under RCW 36.70A.040, development 32 regulations to implement comprehensive plans under this chapter that 33 are newly developed, updated, or amended after January 1, 2027, must 34 allow for the siting of collection sites under chapter 70A.--- RCW 35 (the new chapter created in section 28 of this act) to the extent 36 necessary to ensure the satisfaction of the collection standards in 37 p. 40 SB 6174 section 9 (2) of this act and the achievement of the performance 1 targets in section 8 of this act. 2 Sec. 23. RCW 35A.63.310 and 2022 c 180 s 604 are each amended to 3 read as follows: 4 SITING OF PROGRAM INFRASTRUCTURE. (1) For cities not planning 5 under RCW 36.70A.040, development regulations to implement 6 comprehensive plans required under RCW 35A.63.060 that are newly 7 developed, updated, or amended after January 1, 2025, must allow for 8 the siting of organic materials management facilities in the areas 9 identified by the county in which the city is located under RCW 10 70A.205.040(3)(a)(i) to the extent necessary to provide for the 11 establishment of the organic materials management volumetric capacity 12 identified under RCW 70A.205.040(3)(a)(ii). 13 (2) For cities not planning under RCW 36.70A.040, development 14 regulations to implement comprehensive plans under this chapter that 15 are newly developed, updated, or amended after January 1, 2027, must 16 allow for the siting of collection sites under chapter 70A.--- RCW 17 (the new chapter created in section 28 of this act) to the extent 18 necessary to ensure the satisfaction of the collection standards in 19 section 9 (2) of this act and the achievement of the performance 20 targets in section 8 of this act.21 NEW SECTION. Sec. 24. ACCOUNT. (1) The textile extended 22 producer responsibility account is created in the custody of the 23 state treasurer. All receipts received by the department under this 24 chapter must be deposited in the account. Only the director of the 25 department or the director's designee may authorize expenditures from 26 the account. The account is subject to the allotment procedures under 27 chapter 43.88 RCW, but an appropriation is not required for 28 expenditures. Expenditures from the account may be used by the 29 department only for implementing, administering, and enforcing the 30 requirements of this chapter.31 (2) It is the intent of the legislature that the portion of the 32 producer responsibility organization fee received in 2027 for the 33 costs of the department be transferred to whichever state account was 34 used to cover the costs of the department prior to the payment of the 35 producer responsibility organization fee in 2027. 36 p. 41 SB 6174 Sec. 25. RCW 43.21B.110 and 2025 c 327 s 1, 2025 c 319 s 6, 2025 1 c 316 s 301, 2025 c 314 s 13, 2025 c 311 s 7, and 2025 c 58 s 1008 2 are each reenacted and amended to read as follows: 3 POLLUTION CONTROL HEARINGS BOARD JURISDICTION. (1) The hearings 4 board shall only have jurisdiction to hear and decide appeals from 5 the following decisions of the department, the director, local 6 conservation districts, the air pollution control boards or 7 authorities as established pursuant to chapter 70A.15 RCW, local 8 health departments, the department of natural resources, the 9 department of fish and wildlife, the parks and recreation commission, 10 and authorized public entities described in chapter 79.100 RCW :11 (a) Civil penalties imposed pursuant to chapter 70A.230 RCW and 12 RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.205.740, 13 70A.205.280, 70A.205.545, 70A.355.070, 70A.430.070, 70A.500.260, 14 70A.505.100, 70A.505.110, 70A.530.040, 70A.350.070, 70A.515.060, 15 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 16 70A.245.140, 70A.65.200, 70A.455.090, 70A.535.180, 70A.550.030, 17 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, section 15 of 18 this act, 76.04.205, 76.09.170, 77.55.440, 78.44.250, 88.46.090, 19 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.20 (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 21 18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 22 70A.15.6010, 70A.205.740, 70A.205.280, 70A.214.140, 70A.300.120, 23 70A.350.070, 70A.245.020, 70A.65.200, 70A.535.180, 70A.505.100, 24 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, section 15 of 25 this act, 86.16.020, 88.46.070, 90.03.665, 90.14.130, 90.46.250, 26 90.48.120, 90.48.240, 90.56.330, and 90.64.040. 27 (c) Except as provided in RCW 90.03.210(2), the issuance, 28 modification, or termination of any permit, certificate, or license 29 by the department or any air authority in the exercise of its 30 jurisdiction, including the issuance or termination of a waste 31 disposal permit, the denial of an application for a waste disposal 32 permit, the modification of the conditions or the terms of a waste 33 disposal permit, a decision to approve or deny a solid waste 34 management plan under RCW 70A.205.055, approval or denial of an 35 application for a beneficial use determination under RCW 70A.205.260, 36 an application for a change under RCW 90.03.383, or a permit to 37 distribute reclaimed water under RCW 90.46.220. 38 p. 42 SB 6174 (d) Decisions of local health departments regarding the granting 1 or denial of solid waste permits pursuant to chapter 70A.205 RCW, 2 including appeals by the department as provided in RCW 70A.205.130.3 (e) Decisions of local health departments regarding the issuance 4 and enforcement of permits to use or dispose of biosolids under RCW 5 70A.226.090. 6 (f) Decisions of the department regarding waste-derived 7 fertilizer or micronutrient fertilizer under RCW 15.54.820.8 (g) Decisions of local conservation districts related to the 9 denial of approval or denial of certification of a dairy nutrient 10 management plan; conditions contained in a plan; application of any 11 dairy nutrient management practices, standards, methods, and 12 technologies to a particular dairy farm; and failure to adhere to the 13 plan review and approval timelines in RCW 90.64.026 as provided in 14 RCW 90.64.028. 15 (h) Any other decision by the department or an air authority 16 which pursuant to law must be decided as an adjudicative proceeding 17 under chapter 34.05 RCW . 18 (i) Decisions of the department of natural resources, the 19 department of fish and wildlife, and the department that are 20 reviewable under chapter 76.09 RCW, and the department of natural 21 resources' appeals of county, city, or town objections under RCW 22 76.09.050(7). 23 (j) Forest health hazard orders issued by the commissioner of 24 public lands under RCW 76.06.180. 25 (k) Decisions of the department of fish and wildlife to issue, 26 deny, condition, or modify a hydraulic project approval permit under 27 chapter 77.55 RCW, to issue a stop work order, to issue a notice to 28 comply, to issue a civil penalty, or to issue a notice of intent to 29 disapprove applications. 30 (l) Decisions of the department of natural resources that are 31 reviewable under RCW 78.44.270. 32 (m) Decisions of an authorized public entity under RCW 79.100.010 33 to take temporary possession or custody of a vessel or to contest the 34 amount of reimbursement owed that are reviewable by the hearings 35 board under RCW 79.100.120. 36 (n) Decisions of the department of ecology that are appealable 37 under RCW 70A.245.020 to set recycled minimum postconsumer content 38 for products or to temporarily exclude types of products in plastic 39 containers from minimum postconsumer recycled content requirements.40 p. 43 SB 6174 (o) Orders by the department of ecology under RCW 70A.455.080.1 (p) Decisions by the department of ecology under RCW 2 70A.208.150(5) regarding a proposal by a producer responsibility 3 organization to count materials sent to an alternative recycling 4 facility towards recycling performance targets. 5 (q) Decisions of the department of natural resources under RCW 6 76.04.205. 7 (2) The following hearings shall not be conducted by the hearings 8 board: 9 (a) Hearings required by law to be conducted by the shorelines 10 hearings board pursuant to chapter 90.58 RCW, except where appeals to 11 the pollution control hearings board and appeals to the shorelines 12 hearings board have been consolidated pursuant to RCW 43.21B.340.13 (b) Hearings conducted by the department pursuant to RCW 14 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 15 70A.15.3110, and 90.44.180. 16 (c) Appeals of decisions by the department under RCW 90.03.110 17 and 90.44.220. 18 (d) Hearings conducted by the department to adopt, modify, or 19 repeal rules. 20 (3) Review of rules and regulations adopted by the hearings board 21 shall be subject to review in accordance with the provisions of the 22 administrative procedure act, chapter 34.05 RCW . 23 Sec. 26. RCW 43.21B.300 and 2025 c 316 s 302 and 2025 c 58 s 24 3008 are each reenacted and amended to read as follows:25 POLLUTION CONTROL HEARINGS BOARD PROCESSES. (1) Any civil penalty 26 provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 27 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 28 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.430.070, 29 70A.455.090, 70A.500.260, 70A.505.110, 70A.555.110, 70A.560.020, 30 70A.208.230, 70A.565.030, section 15 of this act, 86.16.081, 31 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 32 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in 33 writing, either by certified mail with return receipt requested or by 34 personal service, to the person incurring the penalty from the 35 department or the local air authority, describing the violation with 36 reasonable particularity. For penalties issued by local air 37 authorities, within 30 days after the notice is received, the person 38 incurring the penalty may apply in writing to the authority for the 39 p. 44 SB 6174 remission or mitigation of the penalty. Upon receipt of the 1 application, the authority may remit or mitigate the penalty upon 2 whatever terms the authority in its discretion deems proper. The 3 authority may ascertain the facts regarding all such applications in 4 such reasonable manner and under such rules as it may deem proper and 5 shall remit or mitigate the penalty only upon a demonstration of 6 extraordinary circumstances such as the presence of information or 7 factors not considered in setting the original penalty.8 (2) Any penalty imposed under this section may be appealed to the 9 pollution control hearings board in accordance with this chapter if 10 the appeal is filed with the hearings board and served on the 11 department or authority 30 days after the date of receipt by the 12 person penalized of the notice imposing the penalty or 30 days after 13 the date of receipt of the notice of disposition by a local air 14 authority of the application for relief from penalty.15 (3) A penalty shall become due and payable on the later of:16 (a) 30 days after receipt of the notice imposing the penalty;17 (b) 30 days after receipt of the notice of disposition by a local 18 air authority on application for relief from penalty, if such an 19 application is made; or 20 (c) 30 days after receipt of the notice of decision of the 21 hearings board if the penalty is appealed. 22 (4) If the amount of any penalty is not paid to the department 23 within 30 days after it becomes due and payable, the attorney 24 general, upon request of the department, shall bring an action in the 25 name of the state of Washington in the superior court of Thurston 26 county, or of any county in which the violator does business, to 27 recover the penalty. If the amount of the penalty is not paid to the 28 authority within 30 days after it becomes due and payable, the 29 authority may bring an action to recover the penalty in the superior 30 court of the county of the authority's main office or of any county 31 in which the violator does business. In these actions, the procedures 32 and rules of evidence shall be the same as in an ordinary civil 33 action. 34 (5) All penalties recovered shall be paid into the state treasury 35 and credited to the general fund except the following:36 (a) Penalties imposed pursuant to RCW 18.104.155 must be credited 37 to the reclamation account as provided in RCW 18.104.155(7);38 (b) Penalties imposed pursuant to RCW 70A.15.3160 must be 39 disposed of pursuant to RCW 70A.15.3160; 40 p. 45 SB 6174 (c) Penalties imposed pursuant to RCW 70A.230.080, 70A.300.090, 1 70A.430.070, 70A.555.110, 70A.560.020, and 70A.565.030 must be 2 credited to the model toxics control operating account created in RCW 3 70A.305.180; 4 (d) Penalties imposed pursuant to RCW 70A.245.040, 70A.245.050, 5 and chapter 70A.208 RCW must be credited to the recycling enhancement 6 account created in RCW 70A.245.100; 7 (e) Penalties imposed pursuant to RCW 70A.500.260 must be 8 deposited into the electronic products recycling account created in 9 RCW 70A.500.130; 10 (f) Penalties imposed pursuant to RCW 70A.65.200 must be credited 11 to the climate investment account created in RCW 70A.65.250;12 (g) Penalties imposed pursuant to RCW 90.56.330 must be credited 13 to the coastal protection fund established in RCW 90.48.390; and14 (h) Penalties imposed pursuant to RCW 70A.355.070 must be 15 credited to the underground storage tank account created in RCW 16 70A.355.090. 17 Sec. 27. RCW 70A.208.270 and 2025 c 316 s 127 are each amended 18 to read as follows: 19 RECYCLING REFORM ACT AMENDMENT. (1) The department must 20 periodically assess the availability of, and methodology used by, the 21 United States centers for disease control and the agency for toxic 22 substances and disease registry's social vulnerability index, as 23 compared to how it existed as of January 1, 2025. 24 (2) If the department determines that the social vulnerability 25 index is no longer available in substantially the same form as it 26 existed on January 1, 2025, the department must notify each 27 registered producer responsibility organization under this chapter 28 and chapter 70A.--- RCW (the new chapter created in section 28 of 29 this act) that for purposes of the identification of socially 30 vulnerable populations under this chapter and chapter 70A.--- RCW 31 (the new chapter created in section 28 of this act) , the department 32 and producer responsibility organizations are no longer required to 33 reference the United States centers for disease control and the 34 agency for toxic substances and disease registry's social 35 vulnerability index. Instead, the department and registered producer 36 responsibility organizations must reference the alternative 37 populations specified in subsection (3) of this section.38 p. 46 SB 6174 (3)(a) Until such time as a rule is adopted under (b) of this 1 subsection, the department and registered producer responsibility 2 organizations must, for purposes of identifying socially vulnerable 3 populations, identify as socially vulnerable populations those 4 communities ranked as an eight or higher on the environmental health 5 disparities map developed under RCW 43.70.815. 6 (b) After making a determination under subsection (2) of this 7 section, by rule the department may, but is not required to, adopt an 8 alternative methodology for the identification of socially vulnerable 9 populations to replace the reference to the United States centers for 10 disease control and the agency for toxic substances and disease 11 registry's social vulnerability index. A rule adopted under this 12 subsection may, but is not required to, rely in whole or in part on 13 the environmental health disparities map developed by the department 14 of health under RCW 43.70.815. 15 NEW SECTION. Sec. 28. Sections 1 through 19 and 24 of this act 16 constitute a new chapter in Title 70A RCW.17 NEW SECTION. Sec. 29. If any provision of this act or its 18 application to any person or circumstance is held invalid, the 19 remainder of the act or the application of the provision to other 20 persons or circumstances is not affected.21 --- END --- p. 47 SB 6174