Concerning the management of plastic packaging materials.

AN ACT Relating to the management of plastic packaging materials; 1 amending RCW 70A.200.140; reenacting and amending RCW 43.21B.110; 2 adding a new section to chapter 42.56 RCW; adding a new chapter to 3 Title 70A RCW; creating a new section; and prescribing penalties.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 NEW SECTION. Sec. 1. (1) Sustainable and resilient markets for 6 recycled materials are essential to any successful recycling system. 7 For many years, Washington has depended on foreign markets to accept 8 the recyclable materials that are collected for recycling in the 9 state. Developing domestic markets for recycled materials benefits 10 the environment and the state's economy and is critical due to the 11 loss of foreign markets.12 (2) China's 2018 national sword policy bans the importation of 13 recycled mixed paper and certain types of recycled plastic and 14 imposes a stringent contamination limit on all other recycled 15 material imports. Washington's recycling facilities are struggling to 16 find markets for recyclable materials. 17 (3) Plastic packaging can be recycled and can contain recycled 18 content in order to close the loop in the recycling stream. Many 19 companies have already taken the initiative at closing the loop by 20 using plastic bottles that contain 100 percent recycled content. 21 H-0744.1 HOUSE BILL 1488 State of Washington 67th Legislature 2021 Regular Session By Representative Fey p. 1 HB 1488 Since November 2010, one national juice company has been using 1 bottles made with 100 percent postconsumer recycled content for all 2 of its juices and juice smoothies. In January 2018, an international 3 beverage producer announced that it will make all its bottles from 4 100 percent recycled plastic by 2025. 5 (4) The legislature intends that costs to plastic packaging 6 producers will be capped and predictable. The requirements imposed by 7 this chapter are reasonable and are achievable at minimal cost 8 relative to the burden imposed by the continued excessive use of 9 virgin materials in plastic packaging in Washington.10 (5) The legislature encourages plastic packaging producers to use 11 plastic packaging that exceeds the standards set forth in this 12 chapter. 13 (6) The legislature intends that by January 1, 2025, all plastic 14 packaging sold in the state of Washington be either recyclable or 15 compostable. 16 NEW SECTION. Sec. 2. The definitions in this section apply 17 throughout this chapter unless the context clearly requires 18 otherwise.19 (1) "Brand" means a name, symbol, word, or mark that identifies a 20 product, rather than its components, and attributes a covered product 21 that is packaging utilized by the product to the brand holder of the 22 product as the producer. 23 (2) "Brand holder" means a person who owns or licenses a brand or 24 who otherwise has rights to market a product under the brand, whether 25 or not the brand trademark is registered. 26 (3) "Compostable" means a covered product that is capable of 27 undergoing aerobic biological decomposition in a system meeting the 28 requirements of chapters 70A.205 and 70A.455 RCW, that results in the 29 material broken down primarily into carbon dioxide, water, inorganic 30 compounds, and biomass. 31 (4) "Department" means the department of ecology.32 (5) "Infant formula" means any liquid food described or sold as 33 an alternative for human milk for the feeding of infants.34 (6)(a) "Medical food" means a food or beverage that is formulated 35 to be consumed, or administered enterally under the supervision of a 36 physician, and that is intended for specific dietary management of 37 diseases or health conditions for which distinctive nutritional 38 p. 2 HB 1488 requirements, based on recognized scientific principles, are 1 established by medical evaluation. 2 (b) "Medical food" includes a specially formulated and processed 3 product, for the partial or exclusive feeding of a patient by means 4 of oral intake or enteral feeding by tube, and is not a naturally 5 occurring foodstuff used in its natural state. 6 (c) "Medical food" includes any product that meets the definition 7 of "medical food" in the federal food, drug, and cosmetic act 21 8 U.S.C. Sec. 360ee (b)(3). 9 (7)(a) "Plastic packaging" means the portion of packaging made 10 from plastic, whether alone or in combination with another material, 11 including packaging that bonds plastic with other materials together, 12 such as metal lids bonded to plastic bottles, blister packs combining 13 plastic and paperboard, but excluding plastic-coated paper packaging 14 and aseptic containers, and is: (i) Used to protect, contain, or 15 transport a commodity or product at any point from manufacture to its 16 place of use; or (ii) attached to a commodity or product or its 17 container for the purpose of marketing or communicating information 18 about the commodity or product, and which is capable of being removed 19 and discarded when the product is put in use without adverse effect 20 on the quality or performance of the product. 21 (b) "Plastic packaging" includes packaging that is filled or 22 unfilled and packaging that is intended to be sold as a product to 23 customers. 24 (8)(a) "Postconsumer recycled content" means the percentage of 25 recycled plastic contained in or attributed to the plastic packaging 26 that is made of recycled materials derived specifically from 27 postconsumer plastic sources and processed using either mechanical or 28 advanced recycling technologies including, but not limited to, 29 depolymerization, gasification, pyrolysis, or solvolysis.30 (b) For the purposes of this subsection, "attributed" means a 31 methodology by which a producer using mass balance allocates an 32 equivalent of its input feedstocks that were derived from advanced 33 recycling processes across one or more of its products manufacturers 34 using such feedstocks. 35 (9)(a) "Producer" means a manufacturer of plastic packaging and a 36 wholesaler, supplier, or retailer that has contractually undertaken 37 responsibility to the manufacturer for the covered product.38 (b) "Producer" does not include: 39 p. 3 HB 1488 (i) Government agencies, municipalities, or other political 1 subdivisions of the state; 2 (ii) Registered 501 (c)(3) charitable organizations and 501 (c)(4) 3 social welfare organizations; or 4 (iii) A health care facility or a health care provider as defined 5 in RCW 70.02.010. 6 NEW SECTION. Sec. 3. (1) Each year, a producer of plastic 7 packaging must meet the following minimum postconsumer recycled 8 content on average across a producer's entire product line for the 9 total amount of plastic packaging sold, offered for sale, or 10 distributed in Washington effective:11 (a) For packaging comprised primarily of resins number 1 PETE 12 (polyethylene terephthalate) or number 2 HDPE (high density 13 polyethylene) as identified in RCW 70A.220.020: 14 (i) July 1, 2023, through December 31, 2026: No less than 15 15 percent postconsumer recycled plastic; 16 (ii) January 1, 2027, through December 31, 2030: No less than 25 17 percent postconsumer recycled plastic; 18 (iii) On and after January 1, 2031: No less than 50 percent 19 postconsumer recycled plastic. 20 (b) For rigid packaging comprised primarily of resins numbers 3 21 through 7 as identified in RCW 70A.220.020: 22 (i) July 1, 2023, through December 31, 2030: No less than 15 23 percent postconsumer recycled plastic; 24 (ii) January 1, 2030, through December 31, 2035: No less than 25 25 percent postconsumer recycled plastic; 26 (iii) On and after January 1, 2036: No less than 50 percent 27 postconsumer recycled plastic. 28 (c) For flexible packaging comprised primarily of resins numbers 29 3 through 7 as identified in RCW 70A.220.020: 30 (i) July 1, 2023, through December 31, 2028: No less than 10 31 percent postconsumer recycled plastic; 32 (ii) January 1, 2029, through December 31, 2035: No less than 20 33 percent postconsumer recycled plastic; 34 (iii) On and after January 1, 2036: No less than 30 percent 35 postconsumer recycled plastic. 36 (2)(a) Beginning in 2024, and every other year thereafter, or at 37 the petition of a producer or the plastic packaging industry but not 38 more than annually, the department shall consider whether the minimum 39 p. 4 HB 1488 postconsumer recycled content requirements established under 1 subsection (1) of this section should be reduced. The department must 2 consider a petition from the plastic packaging industry within 60 3 days of receipt and must issue a written response. A denial in part 4 or whole of the petition must be accompanied by a written explanation 5 and findings to each of the petition's claims. The department may 6 consider all petitions received as part of the same agency action or 7 proceeding. 8 (b) If the department determines that a minimum postconsumer 9 recycled content requirement should be adjusted, the adjusted rate 10 must be in effect until a new determination is made or upon the 11 expiration of the minimum postconsumer recycled content requirement's 12 effective period, whichever occurs first. The department may not 13 adjust the minimum postconsumer recycled content requirements above 14 the applicable minimum postconsumer recycled content percentage for 15 the applicable compliance period, as established in subsection (1) of 16 this section. The department may not adjust the minimum postconsumer 17 recycled content requirements below the lowest applicable material 18 compliance level set in subsection (1) of this section. In making a 19 determination to adjust the minimum postconsumer recycled content 20 requirements, the department must at least consider the following:21 (i) Changes in market conditions, including supply and demand for 22 postconsumer recycled plastics, collection rates, and bale 23 availability; 24 (ii) Recycling rates; 25 (iii) The availability of recycled plastic suitable to meet the 26 minimum postconsumer recycled content requirements;27 (iv) The capacity of recycling or processing infrastructure;28 (v) The progress made by plastics packaging manufacturers in 29 meeting the requirements of this section; and 30 (vi) The carbon footprint of the transportation and manufacture 31 of the recycled resin. 32 (3) A producer, the plastic packaging industry, or a plastic 33 packaging manufacturer may appeal adjustments to the requirement for 34 minimum postconsumer recycled content as determined under subsections 35 (1) and (2) of this section to the pollution control hearings board 36 within 30 days of the department's determination. 37 (4) A producer that does not meet the minimum postconsumer 38 recycled content requirements established in subsection (1) of this 39 section is subject to a fee established in section 5 of this act.40 p. 5 HB 1488 (5) The department may grant a reduction in fees to a producer of 1 plastic packaging. In determining whether to grant the reduction, the 2 department shall consider, at a minimum, all of the following 3 factors: 4 (a) Anomalous market conditions; 5 (b) Disruption in, or lack of supply of, recycled plastics;6 (c) The extent to which a producer has reduced overall packaging 7 waste generated with recyclable, compostable, or reusable 8 alternatives; 9 (d) Other factors that have prevented a producer from meeting the 10 requirement including, but not limited to, state or federal laws, 11 rules, or regulations. 12 (6)(a) In order to receive a reduction of the fee, a producer 13 shall submit to the department a corrective action plan detailing the 14 reasons why the producer will fail to meet or has failed to meet the 15 minimum postconsumer recycled content standard and the steps the 16 producer will take to comply with the minimum postconsumer recycled 17 content standard within the next reporting year. The department may 18 approve the corrective action plan and must reduce fees on a producer 19 once it approves the corrective action plan and the producer 20 implements the plan. 21 (b) The department must provide a written explanation for a 22 decision to approve or deny a corrective action plan, including:23 (i) Factors or standards used by the department in reviewing a 24 corrective action plan; 25 (ii) An explanation of how the department applied standards or 26 factors under (b)(i) of this subsection to the corrective action 27 plan; 28 (iii) An explanation of actions a producer can take in a future 29 corrective action plan to reduce fees or other compliance 30 requirements; 31 (iv) An explanation of the methodology used by the department to 32 determine the fee. 33 (c) The department shall provide technical assistance and an 34 opportunity for a plastic packaging producer to update a corrective 35 action plan before issuing fees. 36 (d) Fees accrue from the point of noncompliance with the minimum 37 postconsumer recycled content standard if the department disapproves 38 the corrective action plan or if the producer fails to implement the 39 plan. 40 p. 6 HB 1488 NEW SECTION. Sec. 4. (1)(a) By March 1, 2022, and annually 1 thereafter, a producer, under penalty of perjury, must report to the 2 department, in pounds and by resin type, the amount of virgin plastic 3 and postconsumer recycled plastic used for plastic packaging sold, 4 offered for sale, or distributed in Washington state in the previous 5 calendar year.6 (b) The department must post aggregated information for all 7 producers reported under this subsection on its website.8 (2) The department may: (a) Conduct audits and investigations for 9 the purpose of ensuring compliance with this section based on the 10 information reported under subsection (1) of this section; and (b) 11 adopt rules to implement, administer, and enforce the requirements of 12 this chapter. 13 (3) The department shall keep confidential all business trade 14 secrets and proprietary information about manufacturing processes and 15 equipment that the department gathers or becomes aware of through the 16 course of conducting audits or investigations pursuant to this 17 chapter. 18 NEW SECTION. Sec. 5. (1) Beginning July 1, 2023, a producer 19 that does not meet the minimum postconsumer recycled content 20 requirements across a producer's entire product line for plastic 21 packaging sold, offered for sale, or distributed in Washington as 22 established under section 3 of this act, based upon the amount in 23 pounds and in the aggregate, is subject to an annual fee.24 (2) Beginning July 1, 2023, the department may assess fees for 25 violations. 26 (3)(a) The department shall adopt rules to implement a fee that 27 will not exceed $200 per ton. The department may structure fees to 28 lower fees for producers that achieve partial compliance. The fee 29 structure implemented must be estimated to raise no less than 30 $30,000,000 per biennium and no more than $40,000,000 per biennium.31 (b) If the department estimates that fee revenue will fall below 32 the range established in (a) of this subsection, the department must 33 implement a base fee of $200 per ton and publish an estimate of 34 revenue expected to be raised by the fee in the report required by 35 subsection (4) of this section. The department may lower fees for 36 individual producers under section 3 (5) or (6) of this act.37 (4) Beginning January 1, 2023, the department must publish an 38 annual report containing an annual estimate of the revenue estimated 39 p. 7 HB 1488 to be raised by the fee, the amounts and quantities of plastic 1 packaging subject to the fee, and the number of producers currently 2 and expected to be in compliance with section 3 of this act.3 (5) A producer must: 4 (a) Pay to the department assessed fees in quarterly 5 installments; or 6 (b) Arrange an alternative payment schedule subject to the 7 approval of the department. 8 (6) A producer may appeal fees assessed under this section to the 9 pollution control hearings board within 30 days of assessment.10 (7) A producer shall pay the fees assessed pursuant to this 11 section, as applicable, based on the information reported to the 12 department as required under section 4 of this act in the form and 13 manner prescribed by the department. 14 (8) The department shall not spend more than 10 percent of the 15 collected fees on administration or enforcement of the program.16 NEW SECTION. Sec. 6. (1) The recycling improvement account is 17 created in the state treasury. All receipts from the fee imposed on 18 plastic packaging in section 5 of this act must be deposited in the 19 account. However, until June 30, 2024, $1,000,000 from the fee 20 imposed on plastic packaging in section 5 of this act must be 21 deposited in the waste reduction, recycling, and litter control 22 account created in RCW 70A.200.140, with the remainder deposited in 23 the recycling improvement account. Moneys in the account may be spent 24 only after appropriation.25 (2)(a) One hundred percent of the expenditures from the account 26 must be used for distributions by the department to cities and 27 counties that are eligible for financial assistance under RCW 28 70A.205.080 for the purposes specified in (b) of this subsection, and 29 for the department's administration of this chapter.30 (b)(i) Cities and counties must use all funds received under this 31 section for the development and implementation of:32 (A) Actions or investments to improve recycling infrastructure 33 and the recyclability of plastic packaging through curbside recycling 34 programs; 35 (B) Depots or collection points for plastics not effectively 36 collected or processed through curbside programs; and37 p. 8 HB 1488 (C) Solid waste planning, management, regulation, enforcement, 1 technical assistance, and public education required under chapter 2 70A.205 RCW . 3 (ii) In adopting rules governing the distribution of funds under 4 this subsection, the department may incorporate the fund 5 prioritization criteria and process adopted by the department under 6 RCW 70A.205.080. The rules adopted by the department must distribute 7 funds to counties based on the population of the county, after 8 distributing a set minimum amount to each county. 9 (iii) The department shall develop rules governing the 10 distribution of funds under this section in conjunction with an 11 advisory committee convened by the department that includes five 12 members appointed by the Washington association of county solid waste 13 managers and five members appointed by the Washington state 14 association of local public health officials. These rules must 15 include a requirement that local governments annually report to the 16 department on how the funds are used to improve plastics recycling 17 infrastructure and the recyclability of plastic packaging. These 18 reports must be posted on the department's public website.19 NEW SECTION. Sec. 7. (1) A stakeholder advisory committee for 20 the implementation of this chapter is established. The stakeholder 21 advisory committee must recommend to the department, and the 22 department may adopt by rule, methods for aggregating materials to 23 determine compliance, exemptions, exceptions, or alternative 24 compliance requirements for the provisions of sections 3 through 5 of 25 this act, that include, but are not limited to:26 (a) Plastic packaging, including food contact packaging, that is 27 subject to federal laws, regulations, or requirements, including 28 requirements of the United States department of transportation, the 29 United States department of agriculture, or the United States food 30 and drug administration; 31 (b) Plastic packaging that is determined by the department 32 through life-cycle analysis to exhibit environmentally superior 33 performance when it does not contain postconsumer recycled content or 34 contains smaller amounts of postconsumer recycled content than 35 established by the requirements of section 3 of this act;36 (c) Plastic packaging from producers with an annual sale or 37 distribution of less than 2,000 pounds of plastic packaging in 38 Washington; 39 p. 9 HB 1488 (d) Plastic packaging associated with a single point of retail 1 sale in Washington; 2 (e) Plastic packaging from women or minority-owned producers, if 3 the department determines such an exemption is in the public 4 interest; 5 (f) Packaging that is necessary to provide tamper-resistant seals 6 for public health purposes or used for food protection and delivery 7 or child-resistant packaging; or 8 (g) Plastic packaging that is intended for reuse by a business as 9 part of the regular operations of the business. 10 (2) The department must provide a written explanation to the 11 stakeholder advisory committee regarding exemptions implemented or 12 denied based on stakeholder recommendations. The department may 13 include this explanation within the concise explanatory statement 14 under RCW 34.05.325. 15 (3) The department shall exempt the following plastic packaging 16 from the provisions of sections 3 through 5 of this act:17 (a) Plastic packaging and food serviceware provided for the 18 purpose of serving prepared serving food: (i) Via a drive through; 19 (ii) in a packaged form for takeout or takeaway; or (iii) from food 20 trucks, stands, delis, or kiosks that may or may not provide shelter 21 or seating for consumers; 22 (b) Plastic bags subject to postconsumer recycled content 23 requirements under chapter 70A.530 RCW ; 24 (c) Compostable packaging determined by the department to meet 25 the requirements of chapter 70A.455 RCW ; 26 (d) Any material that is used in the packaging of a product that 27 is regulated as a drug, medical device, or dietary supplement by the 28 United States food and drug administration under the federal food, 29 drug, and cosmetic act (21 U.S.C. Sec. 321 et seq.) as well as drugs 30 used for veterinary medicine, including parasiticide products for 31 animals. This includes plastic packaging that contains:32 (i) Milk, medical food, or infant formula; 33 (ii) Wine, or wine from which alcohol has been removed, in whole 34 or in part, whether or not sparkling or carbonated;35 (iii) Distilled spirits; 36 (iv) One hundred percent fruit juice in containers that are 46 37 ounces or more in volume; and 38 (v) One hundred percent vegetable juice in containers of 16 39 ounces or more in volume; 40 p. 10 HB 1488 (e) Plastic packaging containers that contain toxic or hazardous 1 products regulated by the federal insecticide, fungicide, and 2 rodenticide act (7 U.S.C. 136 et seq.); 3 (f) Plastic packaging containers that are manufactured for use in 4 the shipment of hazardous materials and are prohibited from being 5 manufactured with used material by federal packaging material 6 specifications and testing standards set forth in 49 C.F.R. Secs. 7 178.509 and 178.522, or are subject to testing standards set forth in 8 49 C.F.R. Secs. 178.600 through 178.609, inclusive, or to which 9 recommendations of the United Nations on the transport of dangerous 10 goods are applicable; 11 (g) Architectural paint defined in and included in a stewardship 12 plan under chapter 70A.515 RCW ; 13 (h) Aerosols regulated under 49 C.F.R. Sec. 178.33b-6;14 (i) Three and five gallon water cooler containers that are part 15 of a water cooler system; and 16 (j) Packaging not intended to be discarded but instead used for 17 the long-term or permanent storage or protection of a durable product 18 and that is intended to transport, protect, or store the product on 19 an ongoing basis, such as an included reusable carrying case for the 20 product. 21 (4) The president of the senate and the speaker of the house of 22 representatives shall jointly appoint at least one member to the 23 stakeholder advisory committee from each of the following:24 (a) The department; 25 (b) The department of commerce; 26 (c) The utilities and transportation commission;27 (d) Cities, including both small and large cities and cities 28 located in urban and rural counties; 29 (e) Counties, including both small and large counties and urban 30 and rural counties; 31 (f) Public sector recycling and solid waste industries;32 (g) Private sector recycling and solid waste industries;33 (h) A solid waste collection company regulated under chapter 34 81.77 RCW that provides curbside recycling services;35 (i) A material recovery facility operator that processes 36 municipal solid waste from curbside recycling programs;37 (j) A company that provides curbside recycling service pursuant 38 to a municipal contract under RCW 81.77.020; 39 p. 11 HB 1488 (k) A trade association that represents the private sector solid 1 waste industry; 2 (l) Recycled plastic feedstock users; 3 (m) Environmental and environmental justice organizations;4 (n) A manufacturer of plastic packaging; 5 (o) A statewide general business trade association;6 (p) A representative of a consumer brand company or retailer that 7 utilizes plastic packaging; 8 (q) A representative of an advanced recycling technology provider 9 that processes plastic material; and 10 (r) An association that represents county solid waste managers.11 (5) After the adoption of initial rules to implement this 12 chapter, the department must periodically reengage the stakeholder 13 advisory committee under this section to review the exemptions, 14 exceptions, or alternative compliance requirements adopted by rule 15 under this section. 16 NEW SECTION. Sec. 8. (1) A city, town, county, or municipal 17 corporation may not implement local recycled content requirements for 18 plastic packaging that are inconsistent with minimum postconsumer 19 recycled content as required under section 3 of this act.20 (2) Local laws and ordinances that are inconsistent with, more 21 restrictive than, or exceed the requirements of this chapter, may not 22 be enacted and are preempted. 23 NEW SECTION. Sec. 9. A new section is added to chapter 42.56 24 RCW to read as follows: 25 Information submitted to the department of ecology under chapter 26 70A.--- RCW (the new chapter created in section 13 of this act), that 27 contains business trade secrets or proprietary information about 28 manufacturing processes and equipment, is exempt from disclosure 29 under this chapter. 30 Sec. 10. RCW 70A.200.140 and 2020 c 20 s 1076 are each amended 31 to read as follows: 32 (1) There is hereby created an account within the state treasury 33 to be known as the waste reduction, recycling, and litter control 34 account. Moneys in the account may be spent only after appropriation. 35 Expenditures from the waste reduction, recycling, and litter control 36 account shall be used as follows: 37 p. 12 HB 1488 (a) Forty percent to the department of ecology, primarily for use 1 by the departments of ecology, natural resources, revenue, 2 transportation, and corrections, and the parks and recreation 3 commission, for litter collection programs under RCW 70A.200.170. The 4 amount to the department of ecology shall also be used for a central 5 coordination function for litter control efforts statewide; to 6 support employment of youth in litter cleanup as intended in RCW 7 70A.200.020, and for litter pick up using other authorized agencies; 8 and for statewide public awareness programs under RCW 70A.200.150(7). 9 The amount to the department shall also be used to defray the costs 10 of administering the funding, coordination, and oversight of local 11 government programs for waste reduction, litter control, recycling, 12 and composting so that local governments can apply one hundred 13 percent of their funding to achieving program goals. The amount to 14 the department of revenue shall be used to enforce compliance with 15 the litter tax imposed in chapter 82.19 RCW ; 16 (b)(i) Twenty percent to the department for local government 17 funding programs for waste reduction, litter control, recycling 18 activities, and composting activities by cities and counties under 19 RCW 70A.200.190, to be administered by the department of ecology; 20 (ii) any unspent funds under (b)(i) of this subsection may be used to 21 create and pay for a matching fund competitive grant program to be 22 used by local governments for the development and implementation of 23 contamination reduction and outreach plans for inclusion in 24 comprehensive solid waste management plans or by local governments 25 and nonprofit organizations for local or statewide education programs 26 designed to help the public with litter control, waste reduction, 27 recycling, and composting of primarily the products taxed under 28 chapter 82.19 RCW. Recipients under this subsection include programs 29 to reduce wasted food and food waste that are designed to achieve the 30 goals established in RCW 70A.205.715(1) and that are consistent with 31 the plan developed in RCW 70A.205.715(3). Grants must adhere to the 32 following requirements: (A) No grant may exceed sixty thousand 33 dollars; (B) grant recipients shall match the grant funding allocated 34 by the department by an amount equal to twenty-five percent of 35 eligible expenses. A local government's share of these costs may be 36 met by cash or contributed services; (C) the obligation of the 37 department to make grant payments is contingent upon the availability 38 of the amount of money appropriated for this subsection (1)(b); and 39 p. 13 HB 1488 (D) grants are managed under the guidelines for existing grant 1 programs; ((and))2 (c) ((Forty)) Beginning June 30, 2021, until June 30, 2022:3 (i) Four percent to the department of ecology to implement and 4 enforce chapter 70A.--- RCW (the new chapter created in section 13 of 5 this act);6 (ii) Thirty-six percent to the department of ecology to: (((i))) 7 (A) Implement activities under RCW 70A.200.150 for waste reduction, 8 recycling, and composting efforts; (((ii))) (B) provide technical 9 assistance to local governments and commercial businesses to increase 10 recycling markets and recycling and composting programs primarily for 11 the products taxed under chapter 82.19 RCW designed to educate 12 citizens about waste reduction, litter control, and recyclable and 13 compostable products and programs; (((iii))) (C) increase access to 14 waste reduction, composting, and recycling programs, particularly for 15 food packaging and plastic bags and appropriate composting 16 techniques; and (((iv))) (D) for programs to reduce wasted food and 17 food waste that are designed to achieve the goals established in RCW 18 70A.205.715(1) and that are consistent with the plan developed in RCW 19 70A.205.715(3); and20 (d) After June 30, 2022, 40 percent to the department of ecology: 21 (i) To implement activities under RCW 70A.200.150 for waste 22 reduction, recycling, and composting efforts; (ii) to provide 23 technical assistance to local governments and commercial businesses 24 to increase recycling markets and recycling and composting programs 25 primarily for the products taxed under chapter 82.19 RCW designed to 26 educate citizens about waste reduction, litter control, and 27 recyclable and compostable products and programs; (iii) to increase 28 access to waste reduction, composting, and recycling programs, 29 particularly for food packaging and plastic bags and appropriate 30 composting techniques; and (iv) for programs to reduce wasted food 31 and food waste that are designed to achieve the goals established in 32 RCW 70A.205.715(1) and that are consistent with the plan developed in 33 RCW 70A.205.715(3). 34 (2) All taxes imposed in RCW 82.19.010 and fines and bail 35 forfeitures collected or received pursuant to this chapter shall be 36 deposited in the waste reduction, recycling, and litter control 37 account and used for the programs under subsection (1) of this 38 section. 39 p. 14 HB 1488 (3) Not less than five percent and no more than ten percent of 1 the amount appropriated into the waste reduction, recycling, and 2 litter control account every biennium shall be reserved for capital 3 needs, including the purchase of vehicles for transporting crews and 4 for collecting litter and solid waste. Capital funds shall be 5 distributed among state agencies and local governments according to 6 the same criteria provided in RCW 70A.200.170 for the remainder of 7 the funds, so that the most effective waste reduction, litter 8 control, recycling, and composting programs receive the most funding. 9 The intent of this subsection is to provide funds for the purchase of 10 equipment that will enable the department to account for the greatest 11 return on investment in terms of reaching a zero litter goal.12 (4) Funds in the waste reduction, recycling, and litter control 13 account, collected under chapter 82.19 RCW, must be prioritized for 14 the products identified under RCW 82.19.020 solely for the purposes 15 of recycling, composting, and litter collection, reduction, and 16 control programs. 17 Sec. 11. RCW 43.21B.110 and 2020 c 138 s 11 and 2020 c 20 s 1035 18 are each reenacted and amended to read as follows:19 (1) The hearings board shall only have jurisdiction to hear and 20 decide appeals from the following decisions of the department, the 21 director, local conservation districts, the air pollution control 22 boards or authorities as established pursuant to chapter 70A.15 RCW, 23 local health departments, the department of natural resources, the 24 department of fish and wildlife, the parks and recreation commission, 25 and authorized public entities described in chapter 79.100 RCW :26 (a) Civil penalties imposed pursuant to RCW 18.104.155, 27 70A.15.3160, 70A.300.090, 70A.20.050, 70A.530.040, 70A.350.070, 28 70A.515.060, 76.09.170, 77.55.440, 78.44.250, 88.46.090, 90.03.600, 29 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.30 (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 31 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.300.120, 70A.350.070, 32 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.33 (c) Except as provided in RCW 90.03.210(2), the issuance, 34 modification, or termination of any permit, certificate, or license 35 by the department or any air authority in the exercise of its 36 jurisdiction, including the issuance or termination of a waste 37 disposal permit, the denial of an application for a waste disposal 38 permit, the modification of the conditions or the terms of a waste 39 p. 15 HB 1488 disposal permit, or a decision to approve or deny an application for 1 a solid waste permit exemption under RCW 70A.205.260.2 (d) Decisions of local health departments regarding the grant or 3 denial of solid waste permits pursuant to chapter 70A.205 RCW .4 (e) Decisions of local health departments regarding the issuance 5 and enforcement of permits to use or dispose of biosolids under RCW 6 70A.226.090. 7 (f) Decisions of the department regarding waste-derived 8 fertilizer or micronutrient fertilizer under RCW 15.54.820, and 9 decisions of the department regarding waste-derived soil amendments 10 under RCW 70A.205.145. 11 (g) Decisions of local conservation districts related to the 12 denial of approval or denial of certification of a dairy nutrient 13 management plan; conditions contained in a plan; application of any 14 dairy nutrient management practices, standards, methods, and 15 technologies to a particular dairy farm; and failure to adhere to the 16 plan review and approval timelines in RCW 90.64.026.17 (h) Any other decision by the department or an air authority 18 which pursuant to law must be decided as an adjudicative proceeding 19 under chapter 34.05 RCW . 20 (i) Decisions of the department of natural resources, the 21 department of fish and wildlife, and the department that are 22 reviewable under chapter 76.09 RCW, and the department of natural 23 resources' appeals of county, city, or town objections under RCW 24 76.09.050(7). 25 (j) Forest health hazard orders issued by the commissioner of 26 public lands under RCW 76.06.180. 27 (k) Decisions of the department of fish and wildlife to issue, 28 deny, condition, or modify a hydraulic project approval permit under 29 chapter 77.55 RCW, to issue a stop work order, to issue a notice to 30 comply, to issue a civil penalty, or to issue a notice of intent to 31 disapprove applications. 32 (l) Decisions of the department of natural resources that are 33 reviewable under RCW 78.44.270. 34 (m) Decisions of an authorized public entity under RCW 79.100.010 35 to take temporary possession or custody of a vessel or to contest the 36 amount of reimbursement owed that are reviewable by the hearings 37 board under RCW 79.100.120. 38 p. 16 HB 1488 (n) Decisions of the department of ecology that are appealable 1 under sections 3 and 5 of this act, to set minimum postconsumer 2 recycled content for plastic packaging and to assess fees.3 (2) The following hearings shall not be conducted by the hearings 4 board: 5 (a) Hearings required by law to be conducted by the shorelines 6 hearings board pursuant to chapter 90.58 RCW . 7 (b) Hearings conducted by the department pursuant to RCW 8 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 9 70A.15.3110, and 90.44.180. 10 (c) Appeals of decisions by the department under RCW 90.03.110 11 and 90.44.220. 12 (d) Hearings conducted by the department to adopt, modify, or 13 repeal rules. 14 (3) Review of rules and regulations adopted by the hearings board 15 shall be subject to review in accordance with the provisions of the 16 administrative procedure act, chapter 34.05 RCW . 17 NEW SECTION. Sec. 12. Nothing in this act changes or limits the 18 authority of the Washington utilities and transportation commission 19 to regulate collection of solid waste, including curbside collection 20 of residential recyclable materials, nor does this chapter change or 21 limit the authority of a city or town to provide the service itself 22 or by contract under RCW 81.77.020.23 NEW SECTION. Sec. 13. Sections 1 through 8 of this act 24 constitute a new chapter in Title 70A RCW.25 --- END --- p. 17 HB 1488