Concerning mattress producer responsibility organizations.

AN ACT Relating to mattress producer responsibility 1 organizations; reenacting and amending RCW 43.21B.110 and 43.21B.300; 2 adding a new section to chapter 82.04 RCW; adding a new chapter to 3 Title 70A RCW; and prescribing penalties. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 NEW SECTION. Sec. 1. The legislature finds that:6 (1) While mattresses are generally made of recyclable materials, 7 the majority of mattresses are landfilled. There are few options for 8 mattress recycling in Washington. 9 (2) Mattresses are bulky products that are difficult to handle, 10 on average weighing 55 pounds and taking up about one cubic yard of 11 landfill space, they float to the surface of landfills and are 12 challenging to manage at transfer stations. They are illegally dumped 13 along our roadways and in remote locations. 14 (3) There are economic benefits to increasing mattress recycling. 15 Most mattress recyclers use manual labor to dismantle a mattress, 16 which involves cutting it open, separating the components, and 17 bailing them to then be recycled by other commodity recyclers into 18 useful products elsewhere. Increasing the number of mattresses 19 recycled will increase recycling jobs and reduce the environmental 20 and economic costs of landfilling and illegal dumping.21 H-1138.2 HOUSE BILL 1901 State of Washington 69th Legislature 2025 Regular Session By Representatives Hunt and Berry p. 1 HB 1901 (4) There are environmental benefits to increasing mattress 1 recycling, which captures useful materials such as metal, foam, wood, 2 and cotton for recycling, and reduces climate emissions associated 3 with production of new materials and avoids their placement in 4 landfills. Mattress recycling also avoids damage to solid waste 5 equipment. 6 NEW SECTION. Sec. 2. The definitions in this section apply 7 throughout this chapter unless the context clearly requires 8 otherwise.9 (1) "Department" means the department of ecology.10 (2) "Environmentally sound management practices" means practices 11 that: (a) Comply with all applicable laws and rules to protect 12 workers, public health, and the environment; (b) provide for adequate 13 recordkeeping, tracking, and documenting of the fate of materials 14 within the state and beyond; and (c) include comprehensive liability 15 coverage for the producer responsibility organization, including 16 environmental liability coverage that is commercially practicable.17 (3) "Foundation" means a ticking-covered structure that is used 18 to support a mattress or sleep surface and that may be constructed of 19 frames, foam, box springs, or other materials, used alone or in 20 combination. 21 (4) "Government entity" means any: 22 (a) County, city, town, or other local government, including any 23 municipal corporation, quasi-municipal corporation, or special 24 purpose district, or any office, department, division, bureau, board, 25 commission, or agency thereof, or other local public agency;26 (b) State office, department, division, bureau, board, 27 commission, or other state agency; 28 (c) Federally recognized Indian tribe whose traditional lands and 29 territories include parts of Washington; or 30 (d) Federal office, department, division, bureau, board, 31 commission, or other federal agency. 32 (5) "Introduce" means to sell, offer for sale, or distribute 33 within or into this state. 34 (6)(a) "Mattress" means: 35 (i) A resilient material or combination of materials that is 36 enclosed by ticking, is used alone or in combination with other 37 products, and is intended or promoted for sleeping upon;38 (ii) A mattress topper; 39 p. 2 HB 1901 (iii) A foundation; or 1 (iv) The mattress component of a mattress-containing furniture 2 piece, such as a sofa bed, where the mattress is easily separable 3 from the rest of the furniture piece without specialized tools.4 (b) "Mattress" does not include: 5 (i) A sleeping bag; 6 (ii) A pillow; 7 (iii) A waterbed, air mattress, or other product that contains 8 liquid or gas-filled ticking and that does not contain upholstery 9 material between the ticking and the mattress core; or10 (iv) A mattress-containing furniture piece, such as a sofa bed, 11 where the mattress component is: 12 (A) Not easily separable from the rest of the furniture piece 13 without specialized tools; or 14 (B) No longer included in the furniture piece.15 (7) "Mattress management hierarchy" means a management system of 16 mattresses prioritized in descending order as follows:17 (a) Waste prevention and reduction; 18 (b) Reuse, when reuse is appropriate; 19 (c) Recycling, as defined in this chapter; and20 (d) Other means of end-of-life management, which may only be 21 utilized after demonstrating to the department that it is not 22 feasible to manage the mattresses under the higher priority options 23 in (a) through (c) of this subsection. 24 (8) "Person" means an individual, firm, corporation, association, 25 partnership, consortium, joint venture, or commercial entity.26 (9) "Plan" means a description of the approach and activities 27 developed by a producer responsibility organization to fulfill the 28 requirements and to carry out the responsibilities of producers under 29 this chapter. 30 (10) "Producer" means the following person for a mattress 31 introduced into this state: 32 (a) If the mattress is sold under the brand of the mattress 33 manufacturer, the producer is the person that manufactures the 34 mattress; 35 (b) If the mattress is sold under a retail brand or under a brand 36 owned by a person other than the manufacturer, the producer is the 37 brand owner; 38 (c) If there is no person to which (a) or (b) of this subsection 39 applies, the producer is the person that is the licensee of a brand 40 p. 3 HB 1901 or trademark under which the mattress is introduced, whether or not 1 the trademark is registered in this state; 2 (d) If there is no person described in (a) through (c) of this 3 subsection within the United States, the producer is the person who 4 is the importer of record for the mattress into the United States for 5 use in a commercial enterprise that introduces the mattress in this 6 state; 7 (e) If there is no person described in (a) through (d) of this 8 subsection with a commercial presence within the state, the producer 9 is the person who first introduces the mattress into this state.10 (11) "Producer responsibility organization" means:11 (a) A nonprofit organization that qualifies for a tax exemption 12 under 26 U.S.C. Sec. 501 (c)(3) of the federal internal revenue code 13 and is designated by a producer or group of producers to fulfill the 14 requirements of this chapter; 15 (b) A producer that registers with the department as a producer 16 responsibility organization; or 17 (c) An organization as defined by the department by rule.18 (12) "Program" means a program implemented by a producer 19 responsibility organization consistent with an approved producer 20 responsibility plan under this chapter. 21 (13) "Recycling" means transforming or remanufacturing waste 22 materials into usable or marketable materials for use other than:23 (a) Combustion; 24 (b) Incineration; 25 (c) Energy generation; 26 (d) Fuel production; or 27 (e) Beneficial reuse in the construction and operation of a solid 28 waste landfill, including use of alternative daily cover.29 (14) "Retailer" means a person who sells mattresses in or into 30 this state or offers or otherwise makes available mattresses to a 31 customer, including other businesses, for use by the customer in this 32 state. 33 (15) "Service provider" means an entity that serves as a 34 collection site for mattresses or a processor of mattresses. A 35 government entity that provides, contracts for, or otherwise arranges 36 for another party to provide services within its jurisdiction may be 37 a service provider regardless of whether it provided, contracted for, 38 or otherwise arranged for similar services before the approval of the 39 applicable plan. 40 p. 4 HB 1901 (16)(a) "Ticking" means the outermost layer of fabric, or related 1 material, of a mattress. 2 (b) "Ticking" does not include any layer of fabric or material 3 quilted together with, or otherwise attached to, the outermost layer 4 of fabric or material of a mattress. 5 NEW SECTION. Sec. 3. (1) A producer of a mattress introduced 6 for use in this state shall implement a producer responsibility 7 program through participation in and appropriate funding of a 8 producer responsibility organization to develop and carry out 9 implementation of an approved producer responsibility plan.10 (2) By January 1, 2026, each producer must appoint a producer 11 responsibility organization under which it will participate.12 (3) By July 1, 2026, and annually thereafter, each producer must 13 be listed as a member in good standing in a registration submitted to 14 the department by a producer responsibility organization approved to 15 operate under this chapter. 16 (4) Beginning January 1, 2030, a producer that is not a member in 17 good standing with a registered producer responsibility organization 18 and producer responsibility plan may not introduce mattresses covered 19 by this chapter for use in this state. 20 (5) Participation in a producer responsibility organization does 21 not waive or transfer any requirement or duty of a producer 22 established by this chapter. 23 NEW SECTION. Sec. 4. (1) By March 1, 2026, and annually 24 thereafter, a producer responsibility organization must register with 25 the department on behalf of its producers. A registration submission 26 by a producer responsibility organization must include the following:27 (a) Contact information for a person responsible for implementing 28 an approved plan; 29 (b) A list of all member producers that have entered into written 30 agreements to operate under an approved plan by the producer 31 responsibility organization, copies of the written agreements for 32 each member producer, and a list of all brands of each producer's 33 mattresses introduced; 34 (c) A plan for recruiting additional member producers and 35 executing written agreements confirming producers will operate under 36 an approved plan administered by the producer responsibility 37 organization; 38 p. 5 HB 1901 (d) A list of current board members and the executive director if 1 different than the person responsible for implementing approved 2 plans; and 3 (e) Documentation demonstrating adequate financial responsibility 4 and financial controls to ensure proper management of funds and 5 payment of the annual registration fee to the department.6 (2)(a) Except as provided in (b) of this subsection, by May 1, 7 2027, and each May 1st thereafter, a producer responsibility 8 organization must submit the annual registration fee established in 9 section 12 of this act to fund all costs of the department to 10 implement, administer, and enforce this chapter. 11 (b) By September 1, 2026, a producer responsibility organization 12 must submit a one-time payment to the department in an amount 13 determined by the department to cover the costs of the department 14 under this chapter from the effective date of this section through 15 June 30, 2027. 16 (3) By July 1, 2028, or within six months of the adoption of 17 rules under section 12 of this act, whichever comes later, each 18 registered producer responsibility organization must submit a plan 19 that meets the requirements of this chapter to the department for 20 approval. A producer responsibility organization may submit a plan at 21 any time to the department for review and approval, but must submit a 22 plan no less than every five years. 23 (4) By January 1, 2030, or within one year of plan approval, 24 whichever is later, implement the plan approved by the department.25 (5) By June 1, 2030, and each June 1st thereafter, submit an 26 annual report to the department for the prior calendar year.27 (6) A producer responsibility organization registered with the 28 department must: 29 (a) Ensure that each producer operating under a plan administered 30 by the producer responsibility organization complies with the 31 requirements of the plan and this chapter; 32 (b) Expel a producer from the producer responsibility 33 organization if efforts to return the producer to compliance with the 34 plan or the requirements of this chapter are unsuccessful and notify 35 the department of the producer's expulsion; 36 (c) Consider and respond in writing to comments received from the 37 advisory council, including justifications for not incorporating 38 advisory council recommendations; 39 p. 6 HB 1901 (d) Notify the department within 30 days of a change made to the 1 contact information for a person responsible for implementing the 2 plan, to board membership, or to the executive director;3 (e) Reimburse service providers in a timely manner;4 (f) Maintain a website and implement education and outreach 5 activities as required under section 11 of this act; and6 (g) Comply with all other applicable requirements of this 7 chapter. 8 NEW SECTION. Sec. 5. (1) Beginning July 1, 2029, a retailer may 9 not sell, offer for sale, distribute, or otherwise make available for 10 sale a mattress for use in this state unless the producer of the 11 mattress certifies to the retailer that the producer participates in 12 a producer responsibility organization whose plan has been approved 13 by the department.14 (2) Retailers of mattresses are not required to make retail 15 locations available to serve as collection sites for a stewardship 16 program operated by a producer responsibility organization. Retailers 17 that serve as a collection site must comply with the requirements for 18 collection sites, consistent with section 9 of this act.19 (3) A retailer selling or offering mattresses for use in this 20 state must provide information to customers regarding available reuse 21 and end-of-life management options offered through the producer 22 responsibility program. 23 (4) Retailers, producers, or producer responsibility 24 organizations may not charge a specific point-of-sale fee to 25 consumers to cover the administrative or operational costs of the 26 producer responsibility organization or the producer responsibility 27 program. 28 NEW SECTION. Sec. 6. (1) A plan submitted by a producer 29 responsibility organization under this act must:30 (a) Describe the producer responsibility organization structure 31 and governance and each producer and mattress brand covered in the 32 plan; 33 (b) Propose performance goals, consistent with section 7 of this 34 act; 35 (c) Describe how the producer responsibility organization will 36 make retailers aware of their obligation to sell only mattresses of 37 producers participating in an approved plan; 38 p. 7 HB 1901 (d) Describe the education and communication strategy being 1 implemented to effectively promote participation in the approved 2 producer responsibility program and provide the information necessary 3 for effective participation of consumers, businesses, government 4 entities, retailers, and others; 5 (e) Describe how the producer responsibility organization will 6 make available to retailers, for voluntary use, in-store signage, 7 written materials, and other promotional materials that retailers may 8 use to inform customers of the available reuse and end-of-life 9 management options for mattresses offered through the producer 10 responsibility program; 11 (f) List promotional activities to be undertaken, and the 12 identification of consumer awareness goals and strategies that the 13 program will employ to achieve these goals after the program begins 14 to be implemented; 15 (g) Describe the method to establish and administer a means for 16 fully funding the program in a manner that equitably distributes the 17 program's costs among the producers that are part of the producer 18 responsibility organization and includes plans and funding for 19 infrastructure and market development. For producers that elect to 20 meet the requirements of this chapter individually, the plan must 21 describe the proposed method to establish and administer a means for 22 fully funding the program. For a producer responsibility organization 23 implementing a plan on behalf of multiple producers, describe the 24 financing methods used to implement the plan, consistent with section 25 8 of this act, including how producer fees and fee modulation will 26 incorporate design for reuse, recycling, and resource conservation as 27 objectives; 28 (h) Describe how the producer responsibility organization will 29 pay for activities undertaken by collection sites associated with 30 implementation of the program, and include a template service 31 agreement and any other forms, contracts, or other documents for use 32 in distribution of reimbursements; 33 (i) Describe how the program will collect all mattress types and 34 brands on a free, continuous, convenient, visible, and accessible 35 basis, and consistent with the requirements of section 8 of this act, 36 including a description of how the statewide convenience standard 37 will be met and a list of collection sites, the address and latitude 38 and longitude of collection sites, and how the program will 39 discourage and address illegal dumping; 40 p. 8 HB 1901 (j) Describe the criteria to be used in the program to determine 1 whether an entity may serve as a collection site for mattresses under 2 the program; 3 (k) Identify: 4 (i) Proposed brokers, transporters, processors, and facilities to 5 be used by the program for the reuse, recycling, or final disposition 6 of mattresses; and 7 (ii) How collected mattresses will be managed: 8 (A) In a manner consistent with the mattress management 9 hierarchy, including how each proposed facility used for the final 10 disposition of mattresses will reuse, recycle, or otherwise manage 11 mattresses; and 12 (B) At facilities operating in compliance with all applicable 13 local, state, and federal laws and regulations. For any materials 14 from collected mattresses that are managed outside of the United 15 States, identify how the program will ensure that facilities operate 16 in accordance with human health, labor, and environmental protection 17 standards that are broadly equivalent to or better than those 18 required in the United States; 19 (l) Detail how the program will achieve its target recycling 20 rates, consistent with the requirements of section 7 of this act and 21 calculated consistent with section 11 of this act, including by 22 conducting research, as needed, related to improving used mattress 23 collection, dismantling, and recycling operations, including pilot 24 programs to test new processes, methods, or equipment on a local, 25 regional, or otherwise limited basis; 26 (m) Describe how the public education and outreach components of 27 the program under section 10 of this act will be implemented and how 28 public awareness goals will be met; 29 (n) Describe how any disputes with residents, businesses, 30 government entities, collectors, processors, and producers will be 31 managed and resolved; 32 (o) Propose actions to be taken to make the mattress collection 33 and reuse and recycling system more efficient, such as providing 34 incentives for collection, reducing illegal dumping through campaigns 35 and labeling, and additional collection opportunities; and36 (p) A summary of consultations held with the advisory council and 37 other interested parties to provide input to the plan, a list of 38 recommendations that were incorporated into the plan as a result, and 39 a list of rejected recommendations and the reasons for rejection.40 p. 9 HB 1901 (2) If required by the department, a producer responsibility 1 organization must submit a new plan to the department for approval:2 (a) If there are significant changes to the methods of 3 collection, transport, or end-of-life management of mattresses under 4 section 8 of this act that are not provided for in the plan. The 5 department may, by rule, identify the types of significant changes 6 that require a new plan to be submitted to the department for 7 approval. For purposes of this subsection, adding or removing a 8 processor or transporter under the plan is not considered a 9 significant change that requires a plan resubmittal; and10 (b) No less than every five years. 11 (3) As part of a producer responsibility plan, a producer 12 responsibility organization must submit to the department a 13 contingency plan. 14 (a) The contingency plan must demonstrate how the activities in 15 the plan will continue to be carried out by some other entity, such 16 as an escrow company, if needed: 17 (i) Until such time as a new or updated plan is submitted and 18 approved by the department; 19 (ii) Upon the expiration of an approved plan; 20 (iii) If the producer responsibility organization notifies the 21 department that it will cease to implement an approved plan; or22 (iv) In any other event that the producer responsibility 23 organization can no longer carry out plan implementation;24 (b) The requirements of (a) of this subsection do not require a 25 producer responsibility organization to hold funds in a dedicated 26 account until such time as the contingency plan must be implemented;27 (c) The department must follow the same process and timelines for 28 reviewing and approving the contingency plan as it follows for the 29 plan. The department may require a producer responsibility 30 organization to revise the contingency plan coincident with any plan 31 submittal. 32 (4) If required by the department, a producer responsibility 33 organization must provide plan amendments to the department for 34 approval: 35 (a) When proposing changes to the performance goals under section 36 7 of this act based on the up-to-date experience of the program;37 (b) When there is a change to the method of financing plan 38 implementation under section 8 of this act. This does not include 39 changes to the fees or fee structure established in the plan; or40 p. 10 HB 1901 (c) When adding or removing a processor or transporter.1 (5) No earlier than five years after the initial approval of a 2 plan, the department may require a producer responsibility 3 organization to submit a revised plan, which may include improvements 4 to the collection site network or increased expenditures dedicated to 5 education and outreach if the approved plan has not met the 6 performance goals under section 7 of this act. 7 NEW SECTION. Sec. 7. (1) Each producer responsibility plan must 8 include performance goals that measure, on an annual basis, the 9 achievements of the program. Performance goals must take into 10 consideration technical feasibility and economic practicality in 11 achieving continuous, meaningful progress in improving:12 (a) The rate of mattress collection for recycling in Washington;13 (b) The reuse and renovation rate of the program;14 (c) The recycling rate of the program; and 15 (d) Public awareness of the program. 16 (2) The performance goals established in each producer 17 responsibility plan must include, but are not limited to:18 (a) Target annual collection rates based, at minimum, on the 19 estimated total weight of mattresses that have been sold in the state 20 in the previous three calendar years by the producers participating 21 in the producer responsibility plan; 22 (b) Target recycling rates of at least 70 percent; and23 (c) Goals for public awareness of the program established in 24 section 10 of this act, including subgoals applicable to public 25 awareness of the program in vulnerable populations and overburdened 26 communities identified by the department under chapter 70A.02 RCW .27 NEW SECTION. Sec. 8. (1) Producers shall fund the full costs of 28 meeting the requirements established by this chapter.29 (2) Each producer responsibility organization must ensure 30 adequate funding is available to fully implement approved producer 31 responsibility plans, including the implementation of aspects of the 32 plan addressing: 33 (a) Mattress collection, transporting, and processing, including 34 disposal of nonrecyclable mattresses; 35 (b) Education and outreach; 36 (c) Program evaluation; and 37 p. 11 HB 1901 (d) Payment of the administrative fees to the department as 1 required under section 12 of this act. 2 (3) A nonreimbursable point-of-sale fee may not be charged to 3 consumers to recoup the costs of meeting producer obligations under 4 this chapter. 5 (4) A producer responsibility organization implementing a 6 producer responsibility plan on behalf of producers must develop, and 7 continually improve over the years of program implementation, a 8 system to collect charges from participating producers to cover the 9 costs of plan implementation in an environmentally sound and socially 10 just manner that encourages the use of design attributes that reduce 11 the environmental impacts of mattresses, such as through the use of 12 eco-modulated fees. Examples of fee structures that meet the 13 requirements of this subsection include using eco-modulated fees to:14 (a) Encourage designs intended to facilitate reuse and recycling;15 (b) Encourage the use of recycled content; 16 (c) Discourage the use of problematic materials that increase 17 system costs of managing mattresses; 18 (d) Encourage other design attributes that reduce the 19 environmental impacts of mattresses; and 20 (e) Encourage the responsible management of mattresses in 21 accordance with this chapter and discourage the illegal dumping of 22 mattresses. 23 (5)(a) Each producer responsibility organization is responsible 24 for all costs of participating mattress collection, transportation, 25 processing, education, administration, agency reimbursement, delivery 26 to a reuse operator, recycling, and end-of-life management in 27 accordance with the mattress management hierarchy and environmentally 28 sound management practices. 29 (b) Each producer responsibility organization must meet the 30 collection goals as specified in section 7 of this act.31 (c) A producer responsibility organization is not authorized to 32 reduce or cease collection, education and outreach, or other 33 activities implemented under an approved plan based on achievement of 34 program performance goals. 35 (6)(a) A producer responsibility organization must reimburse 36 government entities for demonstrable costs, as defined by rules 37 adopted by the department, incurred as a result of a government 38 entity's facility or solid waste handling facility serving as a 39 collection site for a program including, but not limited to, 40 p. 12 HB 1901 associated labor costs and other costs associated with accessibility 1 and collection site standards such as storage. 2 (b) Except as to the costs of containers and other materials and 3 services requirements addressed by a government entity or local 4 government facility exercising the authority granted by section 9 (4) 5 of this act, a producer responsibility organization shall at a 6 minimum provide collection sites with appropriate containers for 7 mattresses subject to its program, signage, safety guidance, and 8 educational materials, at no cost to the collection sites.9 (c) A producer responsibility organization must include in its 10 producer responsibility plan a template of the service agreement and 11 any other forms, contracts, or other documents for use in 12 distribution of reimbursements. The service agreement template must 13 be developed with government entity input. The entities seeking or 14 receiving reimbursement from the producer responsibility organization 15 are not required to use the template agreement included in the 16 program plan and are not limited to the terms of the template 17 agreement included in the program plan. 18 NEW SECTION. Sec. 9. (1) Producer responsibility organizations 19 implementing a producer responsibility program must provide for the 20 collection of all mattresses, including all types and brands of 21 mattresses, on a free, continuous, convenient, visible, and 22 accessible basis to any person, business, government agency, or 23 nonprofit organization. Each producer responsibility program plan 24 must:25 (a) Allow any person, business, government agency, or nonprofit 26 organization to discard each type and brand of mattress at each 27 collection site that counts towards the satisfaction of the 28 collection site criteria in subsection (3) of this section;29 (b) Incentivize the responsible management of mattresses in 30 accordance with this chapter and discourage the illegal dumping of 31 mattresses; and 32 (c) Provide a collection mechanism for capturing mattresses 33 illegally dumped. 34 (2)(a) For each collection site utilized by the program, each 35 producer responsibility organization must provide suitable collection 36 containers for mattresses that are segregated from other solid waste 37 or make mutually agreeable alternative arrangements for the 38 collection of mattresses at the site. The location of collection 39 p. 13 HB 1901 containers at each collection site used by the program must be 1 accompanied by signage made available to the collection site by the 2 producer responsibility organization that informs customers regarding 3 the end-of-life management options for mattresses provided by the 4 collection site under this chapter. Each collection site must adhere 5 to the operations manual and other safety information provided to the 6 collection site by the producer responsibility organization.7 (b) Each producer responsibility organization must provide for 8 collection of nonrecyclable mattresses in each county of the state, 9 either through collection sites or collection events.10 (3)(a) Each producer responsibility organization implementing a 11 producer responsibility program plan shall ensure statewide 12 collection opportunities for all mattresses. Producer responsibility 13 organizations shall coordinate activities with other program 14 operators, including mattress collection and recycle programs, with 15 regard to the proper management or recycling of collected mattresses, 16 for purposes of providing the efficient delivery of services and 17 avoiding unnecessary duplication of effort and expense. Statewide 18 collection opportunities must be determined by geographic information 19 modeling that considers permanent collection sites.20 (b) Each producer responsibility program shall provide:21 (i) At least one permanent collection site within a 15 mile 22 radius for at least 95 percent of Washington residents;23 (ii) The establishment of collection sites that are accessible 24 and convenient to overburdened communities identified by the 25 department under chapter 70A.02 RCW, in an amount that is roughly 26 proportional to the number and population of overburdened communities 27 identified by the department under chapter 70A.02 RCW relative to the 28 population or size of the state as a whole; 29 (iii) At least one permanent collection site in addition to those 30 required in (b)(i) of this subsection for every 30,000 residents of 31 each urban area in this state. For the purposes of compliance with 32 this subsection (3)(b)(iii), a producer responsibility organization 33 and the department may rely upon new or updated designations of urban 34 locations by the United States census bureau that are determined by 35 the department to be similar to the state definition of urban areas 36 under chapter 70A.555 RCW ; 37 (iv) Collection opportunities at special locations where 38 mattresses are often spent and replaced, such as college campuses; 39 and 40 p. 14 HB 1901 (v) Service to areas without a permanent collection site, 1 including service to island and geographically isolated communities 2 without a permanent collection site. 3 (c) Producer responsibility programs may use curbside collection 4 services in lieu of permanent collection sites as required under 5 (b)(iii) of this subsection and to meet the requirements of (b)(iv) 6 and (v) of this subsection provided that no fee is charged for 7 curbside collection services. 8 (4)(a) Producer responsibility programs must use existing public 9 and private waste collection services and facilities, including 10 mattress collection sites that are established through other mattress 11 collection services, transporters, consolidators, processors, and 12 retailers, where cost-effective, mutually agreeable, and otherwise 13 practicable. 14 (b)(i) Producer responsibility programs must use as a collection 15 site for mattresses any retailer, wholesaler, municipality, solid 16 waste management facility, or other entity that meets the criteria 17 for collection sites in the approved plan, upon the submission of a 18 request by the entity to the producer responsibility organization to 19 serve as a collection site. 20 (ii) Producer responsibility programs must use as a site for a 21 collection event for mattresses any retailer, wholesaler, 22 municipality, solid waste management facility, or other entity that 23 meets the criteria for collection events in the approved plan, upon 24 the submission of a request by the entity to the producer 25 responsibility organization to serve as a site for a collection 26 event. A signed agreement between a producer responsibility 27 organization and the entity requesting to hold a collection event 28 must be established at least 60 days prior to any collection of 29 mattresses under a stewardship program. All costs associated with 30 collection events initiated by an entity other than a producer 31 responsibility organization are the sole responsibility of the entity 32 unless otherwise agreed upon by a producer responsibility 33 organization. A collection event under this subsection (4)(b)(ii) 34 must allow any person to discard each type and brand of covered 35 mattress at the collection event. 36 NEW SECTION. Sec. 10. (1) Each producer responsibility 37 organization must carry out promotional activities in support of plan 38 implementation including, but not limited to, the development:39 p. 15 HB 1901 (a) And maintenance of a website; 1 (b) And distribution of periodic press releases and articles;2 (c) And placement of advertisements for use on social media or 3 other relevant media platforms; 4 (d) Of promotional materials about the program and the 5 restriction on the disposal of mattresses to be used by retailers, 6 government agencies, and nonprofit organizations; 7 (e) And implementation of outreach and educational resources 8 targeted to overburdened communities and vulnerable populations 9 identified by the department under chapter 70A.02 RCW that are 10 conceptually, linguistically, and culturally accurate for the 11 communities served and reach the state's diverse ethnic populations, 12 including through meaningful consultation with communities that bear 13 disproportionately higher levels of adverse environmental and social 14 justice impacts. 15 (2) Each producer responsibility organization must provide 16 consumer-focused educational promotional materials to each collection 17 site used by the program and retailers that sell mattresses, and make 18 them directly accessible to customers on the organization's own 19 website. 20 (3) Each producer responsibility organization must provide 21 outreach and educational resources to service providers for the 22 management of mattresses prior to the implementation of the program.23 (4) Upon request by a retailer, the producer responsibility 24 organization must provide the retailer educational materials 25 describing collection opportunities for mattresses.26 (5) If multiple producer responsibility organizations are 27 implementing plans approved by the department, the producer 28 responsibility organizations must coordinate in carrying out their 29 education and outreach responsibilities under this section and must 30 include in their annual reports to the department under section 11 of 31 this act a summary of their coordinated education and outreach 32 efforts. 33 (6) During the fourth year of program implementation and every 34 five years thereafter, each producer responsibility organization must 35 carry out a survey of public awareness regarding the requirements of 36 the program established under this chapter. Each producer 37 responsibility organization must share the results of the public 38 awareness surveys with the department. 39 p. 16 HB 1901 NEW SECTION. Sec. 11. (1) By June 1, 2030, and each June 1st 1 thereafter, each producer responsibility organization must submit an 2 annual report to the department covering the preceding calendar year 3 of producer responsibility plan implementation. The report must 4 include the following elements, based on information provided by each 5 participating producer:6 (a) An independent financial assessment of a program implemented 7 by the producer responsibility organization, including a breakdown of 8 the program's expenses, such as collection, reuse, recycling, 9 education, and overhead, when required by the department;10 (b) A summary financial statement documenting the financing of a 11 producer responsibility organization's program and an analysis of 12 program costs and expenditures, including an analysis of the 13 program's expenses, such as collection, transportation, reuse, 14 recycling, education, and administrative overhead, and activities and 15 investments undertaken related to infrastructure and market 16 development. The summary financial statement must be sufficiently 17 detailed to provide transparency that funds collected from producers 18 as a result of their activities in this state are spent on program 19 implementation in this state. Producer responsibility organizations 20 implementing similar producer responsibility programs in multiple 21 states may submit a financial statement including all covered states, 22 as long as the statement breaks out financial information pertinent 23 to this state; 24 (c) The estimated aggregate sales, by unit, weight, and type, of 25 mattresses sold in this state by participating producers for each of 26 the previous three calendar years; 27 (d) The unit and weight, by type, of mattresses collected under 28 the program and the collection rate achieved under the program, 29 including a description of how this collection rate was calculated;30 (e) The number of mattresses managed relative to the state's 31 mattress management hierarchy, including weight of materials recycled 32 from mattresses collected under the program, in total, and by method 33 of mattress recycling; 34 (f) A calculation of the recycling rates, as measured consistent 35 with subsection (2) of this section; 36 (g) For each facility used for the reuse, recycling, or final 37 disposition of mattresses, a description of how the facility reused, 38 recycled or otherwise disposed of mattresses and mattress components, 39 p. 17 HB 1901 including a discussion of best available technologies and the 1 recycling rate; 2 (h) The weight and type of mattresses sent to each facility used 3 for reuse, recycling, or the final disposition of mattresses. The 4 information in this subsection (1)(h) may be approximated for program 5 operations in this state based on extrapolations of national or 6 regional data for programs in operation in multiple states;7 (i) A description of education and outreach efforts supporting 8 plan implementation including, but not limited to, a:9 (i) Summary of education and outreach provided to consumers, 10 including to diverse populations and through culturally and 11 linguistically appropriate materials, collection sites, government 12 entities, manufacturers, distributors, and retailers by the producer 13 responsibility organization for the purpose of promoting the 14 collection and reuse or recycling of mattresses; 15 (ii) Description of how the education and outreach met the 16 requirements of section 10 of this act and samples of education and 17 outreach materials; 18 (iii) Summary of coordinated education and outreach efforts with 19 any other producer responsibility organization implementing a plan 20 approved by the department; and 21 (iv) Summary of any changes made during the previous calendar 22 year to education and outreach activities; 23 (j) A list of all collection sites, including accompanying 24 latitude and longitude data and an address for each listed site, and 25 an up-to-date map indicating the location of all collection sites 26 used to implement the program with links to appropriate websites 27 where there are existing websites associated with a site;28 (k) A description of methods and services used to collect, 29 transport, and reuse and recycle mattresses by the producer 30 responsibility organization, including population coverage and 31 accessibility in accordance with section 9 of this act;32 (l) A summary on progress made towards the program performance 33 goals established under section 7 of this act, and an explanation of 34 why any performance goals were not met; and 35 (m) An evaluation of the effectiveness of education and outreach 36 activities and customer service efforts. 37 (2) The weight of mattresses or recovered resources from those 38 mattresses must only be counted once and may not be counted by more 39 than one producer responsibility organization. 40 p. 18 HB 1901 (3) In addition to the requirements of subsection (1) of this 1 section, with respect to each facility used in the processing or 2 disposition of mattresses collected under the program, the producer 3 responsibility organization must report: 4 (a) Whether the facility is located domestically, in an 5 organization for economic cooperation and development country, or in 6 a country that meets organization for economic cooperation and 7 development operating standards; and 8 (b) What facilities processed the mattresses, including a summary 9 of any violations of environmental or labor laws and regulations over 10 the previous three years at each facility. 11 (4) If a producer responsibility organization has disposed of 12 mattresses through energy recovery, incineration, or landfilling 13 during the preceding calendar year of program implementation, the 14 annual report must specify the steps that the producer responsibility 15 organization will take to make the reuse or recycling of mattresses 16 cost-effective, where possible, or to otherwise increase mattress 17 recycling rates achieved by the producer responsibility organization.18 (5) Each producer must submit all information and records 19 necessary for the producer responsibility organization to meet the 20 reporting requirements of this section. 21 (6) A producer or producer responsibility organization that 22 submits information or records to the department under this chapter 23 may request that the information or records be made available only 24 for the confidential use of the department, the director of the 25 department, or the appropriate division of the department. The 26 director of the department must consider the request and if this 27 action is not detrimental to the public interest and is otherwise in 28 accordance with the policies and purposes of chapter 43.21A RCW, the 29 director must grant the request for the information to remain 30 confidential as authorized in RCW 43.21A.160. 31 NEW SECTION. Sec. 12. (1) The department must adopt rules as 32 necessary for the purpose of implementing, administering, and 33 enforcing this chapter.34 (2) The department must: 35 (a) By March 31, 2026, determine the one-time payment to the 36 department to cover the costs of the department under this chapter 37 from the effective date of this section through June 30, 2027;38 (b) By March 31, 2027, and each March 31st thereafter:39 p. 19 HB 1901 (i) Determine the total registration annual fee to be paid by 1 each producer responsibility organization that is adequate to cover, 2 but not exceed, the costs to implement, administer, and enforce this 3 chapter in the next fiscal year; and 4 (ii) Adjust the fee to account for funds received during the 5 previous year by: 6 (A) Applying any remaining annual fee payment funds from the 7 current year to the annual fee for the coming fiscal year if the 8 collected annual fee exceeds the costs for a given year; and9 (B) Increasing annual fees for the coming fiscal year to cover 10 the costs if the collected annual fee was less than the amount 11 required to cover costs for a given year; 12 (c) By January 1, 2028, adopt rules to equitably determine annual 13 registration fees for producer responsibility organizations if the 14 department has approved the registration of more than one producer 15 responsibility organization; and 16 (d) Send notice to each producer responsibility organization of 17 fee amounts due. 18 (3) The responsibilities of the department in implementing, 19 administering, and enforcing this chapter include, but are not 20 limited to: 21 (a) By January 1, 2026, appointing the initial membership of the 22 advisory council, and providing administrative and operating support 23 to the advisory council, as required under section 15 of this act;24 (b) By March 1, 2026, accepting the registration of producer 25 responsibility organizations; 26 (c) Reviewing submitted producer responsibility plans and plan 27 amendments and making determinations as to whether to approve the 28 plan or plan amendment: 29 (i) The department must provide a letter of approval for the plan 30 or plan amendment if it provides for the establishment of a producer 31 responsibility program that meets the requirements of sections 3 32 through 9 of this act; 33 (ii) If a plan or plan amendment is rejected, the department must 34 provide the reasons for rejecting the plan to the producer 35 responsibility organization. The producer responsibility organization 36 must submit a new plan within 60 days after receipt of the letter of 37 disapproval; and 38 (iii) When a plan or an amendment to an approved plan is 39 submitted under this section, the department shall make the proposed 40 p. 20 HB 1901 plan or amendment available for public review and comment for at 1 least 30 days; 2 (d) Reviewing annual reports submitted under section 11 of this 3 act within 90 days of submission to ensure compliance with that 4 section; 5 (e)(i) Maintaining a website that lists producers and their 6 brands that are participating in an approved plan, and that makes 7 available to the public each plan, plan amendment, and annual report 8 received by the department under this chapter; 9 (ii) Upon the date the first plan is approved, the department 10 must post on its website a list of producers and their brands for 11 which the department has approved a plan. The department must update 12 the list of producers and brands participating under an approved 13 program plan based on information provided to the department from 14 producer responsibility organizations; and 15 (f) Providing technical assistance to producers and retailers 16 related to the requirements of this chapter and issuing orders or 17 imposing civil penalties authorized under section 13 of this act 18 where the technical assistance efforts do not lead to compliance by a 19 producer or retailer. 20 (4) Beginning January 1, 2034, and every five years thereafter, 21 after consultation with producer responsibility organizations, the 22 department may by rule increase the minimum recycling rates 23 established in section 7 of this act based on the most economically 24 and technically feasible processes and methodologies available.25 NEW SECTION. Sec. 13. (1)(a) The department may 26 administratively impose a civil penalty on a person who violates this 27 chapter in an amount of up to $1,000 per violation per day.28 (b) The department may administratively impose a civil penalty of 29 up to $10,000 per violation per day on a person for repeated 30 violations of this chapter or failure to comply with an order issued 31 under (c) of this subsection. 32 (c) Whenever on the basis of any information the department 33 determines that a person has violated or is in violation of this 34 chapter, the department may issue an order requiring compliance. A 35 person who fails to take corrective action as specified in a 36 compliance order is liable for a civil penalty as provided in (b) of 37 this subsection, without receiving a written warning prescribed in 38 (e) of this subsection. 39 p. 21 HB 1901 (d) A person who is issued an order or incurs a penalty under 1 this section may appeal the order or penalty to the pollution control 2 hearings board established in chapter 43.21B RCW . 3 (e) Prior to imposing penalties under this section, the 4 department must provide a producer, retailer, or producer 5 responsibility organization with a written warning for the first 6 violation by the producer, retailer, or producer responsibility 7 organization of the requirements of this chapter. The written warning 8 must inform a producer, retailer, or producer responsibility 9 organization that it must participate in an approved plan or 10 otherwise come into compliance with the requirements of this chapter 11 within 30 days of the notice. A producer, retailer, or producer 12 responsibility organization that violates a provision of this chapter 13 after the initial written warning may be assessed a penalty as 14 provided in this subsection. 15 (2) Penalties levied under subsection (1) of this section must be 16 deposited in the responsible mattress management account created in 17 section 14 of this act. 18 NEW SECTION. Sec. 14. The responsible mattress management 19 account is created in the custody of the state treasurer. All 20 receipts from fees paid under this chapter must be deposited in the 21 account. Only the director of the department or the director's 22 designee may authorize expenditures from the account. The account is 23 subject to allotment procedures under chapter 43.88 RCW, but an 24 appropriation is not required for expenditures. Moneys in the account 25 may be used solely by the department for administering, implementing, 26 and enforcing the requirements of this chapter. Funds in the account 27 may not be diverted for any purpose or activity other than those 28 specified in this section.29 NEW SECTION. Sec. 15. (1) The advisory council on responsible 30 management of mattresses is created.31 (2)(a) The advisory council on responsible management of 32 mattresses consists of not more than 12 members appointed by the 33 department to represent the interests of the following entities:34 (i) Government entities representing geographic areas across the 35 state representative of urban and rural communities, including at 36 least one representative of counties and at least one representative 37 of cities; 38 p. 22 HB 1901 (ii) The solid waste industry, including a representative of 1 tribal or indigenous solid waste services organizations;2 (iii) Service providers that serve as collectors, transporters, 3 or processors of mattresses; 4 (iv) The environmental community; 5 (v) A small business not otherwise eligible for representation 6 under this subsection; 7 (vi) Producers, producer trade associations, or producer 8 responsibility organizations; 9 (vii) Retail establishments; and 10 (viii) Consumer rights organizations. 11 (b) A member appointed to the advisory council under this 12 subsection may not be a representative or a member of the board of 13 directors of a producer responsibility organization registered with 14 the department under section 4 of this act. 15 (3) Advisory councilmembers must be appointed by the director of 16 the department by January 1, 2026. In appointing members, the 17 department shall: 18 (a) Appoint members that, to the greatest extent practicable, 19 represent diversity in race, ethnicity, age, and gender, urban and 20 rural areas, and different regions of the state; 21 (b) Consider recommendations for appointments from relevant 22 represented groups or associations and from individuals interested in 23 participating on the advisory council. 24 (4)(a) The terms of initial appointments must be staggered to two 25 and three-year appointments, with subsequent terms of three years. 26 Members are eligible for reappointment. 27 (b) If there is a vacancy for any reason, the department shall 28 make an appointment to become effective immediately for the unexpired 29 term. 30 (5)(a) The advisory council shall elect one of its members to 31 serve as chairperson and another to serve as vice chairperson, for 32 the terms and with the duties and powers necessary for the 33 performance of the functions of such offices as the advisory council 34 determines. The chairperson and vice chairperson may not both be 35 members appointed under the same subsection of subsection (2)(a)(i) 36 through (viii) of this section. 37 (b) The advisory council may adopt bylaws and a charter for the 38 operation of its business for the purposes of this chapter.39 p. 23 HB 1901 (6) The advisory council shall meet at least once every three 1 months for the first three years, at times and places specified by 2 the chairperson. The advisory council may also meet at other times 3 and places, including virtually, specified by the call of the 4 chairperson or of a majority of the councilmembers, as necessary, to 5 carry out the duties of the advisory council. 6 (7)(a) The department shall provide staff support and 7 facilitation as necessary for the advisory council to carry out its 8 duties. 9 (b) The department may select an impartial, third-party 10 facilitator to convene and provide administrative support to the 11 advisory council. 12 (8) The duties of the advisory council include the following:13 (a) Advise and make recommendations to any registered producer 14 responsibility organization during review of stakeholder consultation 15 on plans prior to submission as required under section 6 of this act;16 (b) Review and comment on all new and updated plans submitted by 17 a producer responsibility organization to the department, including 18 making recommendations to the department on plan approvals, as part 19 of the public comment period as established under section 12 of this 20 act; 21 (c) Advise and make recommendations to any registered producer 22 responsibility organization on annual reports prior to submission as 23 established in section 11 of this act; 24 (d) Review and comment on all annual reports submitted by 25 producer responsibility organizations to the department, including 26 making recommendations to the department regarding the need for any 27 plan amendments or other recommendations regarding program 28 activities; 29 (e) Provide input, review, and comment on rules proposed by the 30 department under this chapter. 31 (9) Advisory councilmembers that are representatives of tribes or 32 tribal and indigenous services organizations or community-based and 33 environmental nonprofit organizations must, if requested, be 34 compensated and reimbursed in accordance with RCW 43.03.050, 35 43.03.060, and 43.03.220. 36 (10) The department must include costs related to the advisory 37 council in the estimate of annual costs as established in section 12 38 of this act, including costs for: 39 (a) Department resources, including staff time;40 p. 24 HB 1901 (b) A third-party facilitator, including related costs; and1 (c) Expenses related to member participation. 2 (11) Nothing in this section limits the authority of the 3 department to approve plans or reports or carry out other duties as 4 assigned under this chapter. 5 NEW SECTION. Sec. 16. Producers or producer responsibility 6 organizations acting on behalf of producers that prepare, submit, and 7 implement a producer responsibility program plan pursuant to this 8 chapter and who are thereby subject to regulation by the department 9 are granted immunity from state laws relating to antitrust, restraint 10 of trade, unfair trade practices, and other regulation of trade and 11 commerce, for the limited purpose of planning, reporting, and 12 operating a producer responsibility program, including the:13 (1) Creation, implementation, or management of a producer 14 responsibility organization and any producer responsibility plan 15 regardless of whether it is submitted, denied, or approved;16 (2) Determination of the cost and structure of a producer 17 responsibility plan; and 18 (3) Types or quantities of mattresses being recycled or otherwise 19 managed pursuant to this chapter. 20 NEW SECTION. Sec. 17. Nothing in this chapter changes or limits 21 the authority of the Washington utilities and transportation 22 commission to regulate collection of solid waste, including curbside 23 collection of residential recyclable materials, nor does this chapter 24 change or limit the authority of a city or town to provide the 25 service itself or by contract under RCW 81.77.020.26 NEW SECTION. Sec. 18. A new section is added to chapter 82.04 27 RCW to read as follows: 28 (1) This chapter does not apply to the receipts of a producer 29 responsibility organization formed under chapter 70A.--- RCW (the new 30 chapter created in section 19 of this act) from charges to 31 participating producers under a producer responsibility program as 32 provided in section 8 of this act. 33 (2) This section is not subject to the requirements of RCW 34 82.32.805 and 82.32.808 and is not subject to an expiration date.35 (3) The definitions in section 2 of this act apply throughout 36 this section unless the context clearly requires otherwise.37 p. 25 HB 1901 NEW SECTION. Sec. 19. Sections 1 through 17 of this act 1 constitute a new chapter in Title 70A RCW.2 NEW SECTION. Sec. 20. If any provision of this act or its 3 application to any person or circumstance is held invalid, the 4 remainder of the act or the application of the provision to other 5 persons or circumstances is not affected.6 Sec. 21. RCW 43.21B.110 and 2024 c 347 s 5, 2024 c 340 s 4, and 7 2024 c 339 s 16 are each reenacted and amended to read as follows:8 (1) The hearings board shall only have jurisdiction to hear and 9 decide appeals from the following decisions of the department, the 10 director, local conservation districts, the air pollution control 11 boards or authorities as established pursuant to chapter 70A.15 RCW, 12 local health departments, the department of natural resources, the 13 department of fish and wildlife, the parks and recreation commission, 14 and authorized public entities described in chapter 79.100 RCW :15 (a) Civil penalties imposed pursuant to chapter 70A.230 RCW and 16 RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.230.020, 17 70A.205.280, 70A.355.070, 70A.430.070, 70A.500.260, 70A.505.100, 18 70A.505.110, 70A.530.040, 70A.350.070, 70A.515.060, 70A.245.040, 19 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 20 70A.65.200, 70A.455.090, 70A.550.030, 70A.555.110, 70A.560.020, 21 70A.565.030, section 13 of this act, 76.09.170, 77.55.440, 78.44.250, 22 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 23 90.64.102. 24 (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 25 18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 26 70A.15.6010, 70A.205.280, 70A.214.140, 70A.300.120, 70A.350.070, 27 70A.245.020, 70A.65.200, 70A.505.100, 70A.555.110, 70A.560.020, 28 70A.565.030, section 13 of this act, 86.16.020, 88.46.070, 90.03.665, 29 90.14.130, 90.46.250, 90.48.120, 90.48.240, 90.56.330, and 90.64.040.30 (c) Except as provided in RCW 90.03.210(2), the issuance, 31 modification, or termination of any permit, certificate, or license 32 by the department or any air authority in the exercise of its 33 jurisdiction, including the issuance or termination of a waste 34 disposal permit, the denial of an application for a waste disposal 35 permit, the modification of the conditions or the terms of a waste 36 disposal permit, a decision to approve or deny a solid waste 37 management plan under RCW 70A.205.055, approval or denial of an 38 p. 26 HB 1901 application for a beneficial use determination under RCW 70A.205.260, 1 an application for a change under RCW 90.03.383, or a permit to 2 distribute reclaimed water under RCW 90.46.220. 3 (d) Decisions of local health departments regarding the granting 4 or denial of solid waste permits pursuant to chapter 70A.205 RCW, 5 including appeals by the department as provided in RCW 70A.205.130.6 (e) Decisions of local health departments regarding the issuance 7 and enforcement of permits to use or dispose of biosolids under RCW 8 70A.226.090. 9 (f) Decisions of the department regarding waste-derived 10 fertilizer or micronutrient fertilizer under RCW 15.54.820.11 (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 as provided in 17 RCW 90.64.028. 18 (h) Any other decision by the department or an air authority 19 which pursuant to law must be decided as an adjudicative proceeding 20 under chapter 34.05 RCW . 21 (i) Decisions of the department of natural resources, the 22 department of fish and wildlife, and the department that are 23 reviewable under chapter 76.09 RCW, and the department of natural 24 resources' appeals of county, city, or town objections under RCW 25 76.09.050(7). 26 (j) Forest health hazard orders issued by the commissioner of 27 public lands under RCW 76.06.180. 28 (k) Decisions of the department of fish and wildlife to issue, 29 deny, condition, or modify a hydraulic project approval permit under 30 chapter 77.55 RCW, to issue a stop work order, to issue a notice to 31 comply, to issue a civil penalty, or to issue a notice of intent to 32 disapprove applications. 33 (l) Decisions of the department of natural resources that are 34 reviewable under RCW 78.44.270. 35 (m) Decisions of an authorized public entity under RCW 79.100.010 36 to take temporary possession or custody of a vessel or to contest the 37 amount of reimbursement owed that are reviewable by the hearings 38 board under RCW 79.100.120. 39 p. 27 HB 1901 (n) Decisions of the department of ecology that are appealable 1 under RCW 70A.245.020 to set recycled minimum postconsumer content 2 for covered products or to temporarily exclude types of covered 3 products in plastic containers from minimum postconsumer recycled 4 content requirements. 5 (o) Orders by the department of ecology under RCW 70A.455.080.6 (2) The following hearings shall not be conducted by the hearings 7 board: 8 (a) Hearings required by law to be conducted by the shorelines 9 hearings board pursuant to chapter 90.58 RCW, except where appeals to 10 the pollution control hearings board and appeals to the shorelines 11 hearings board have been consolidated pursuant to RCW 43.21B.340.12 (b) Hearings conducted by the department pursuant to RCW 13 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 14 70A.15.3110, and 90.44.180. 15 (c) Appeals of decisions by the department under RCW 90.03.110 16 and 90.44.220. 17 (d) Hearings conducted by the department to adopt, modify, or 18 repeal rules. 19 (3) Review of rules and regulations adopted by the hearings board 20 shall be subject to review in accordance with the provisions of the 21 administrative procedure act, chapter 34.05 RCW . 22 Sec. 22. RCW 43.21B.300 and 2024 c 347 s 6 and 2024 c 340 s 5 23 are each reenacted and amended to read as follows:24 (1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 25 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 26 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 27 70A.65.200, 70A.430.070, 70A.455.090, 70A.500.260, 70A.505.110, 28 70A.555.110, 70A.560.020, 70A.565.030, section 13 of this act, 29 86.16.081, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 30 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by 31 a notice in writing, either by certified mail with return receipt 32 requested or by personal service, to the person incurring the penalty 33 from the department or the local air authority, describing the 34 violation with reasonable particularity. For penalties issued by 35 local air authorities, within 30 days after the notice is received, 36 the person incurring the penalty may apply in writing to the 37 authority for the remission or mitigation of the penalty. Upon 38 receipt of the application, the authority may remit or mitigate the 39 p. 28 HB 1901 penalty upon whatever terms the authority in its discretion deems 1 proper. The authority may ascertain the facts regarding all such 2 applications in such reasonable manner and under such rules as it may 3 deem proper and shall remit or mitigate the penalty only upon a 4 demonstration of extraordinary circumstances such as the presence of 5 information or factors not considered in setting the original 6 penalty. 7 (2) Any penalty imposed under this section may be appealed to the 8 pollution control hearings board in accordance with this chapter if 9 the appeal is filed with the hearings board and served on the 10 department or authority 30 days after the date of receipt by the 11 person penalized of the notice imposing the penalty or 30 days after 12 the date of receipt of the notice of disposition by a local air 13 authority of the application for relief from penalty.14 (3) A penalty shall become due and payable on the later of:15 (a) 30 days after receipt of the notice imposing the penalty;16 (b) 30 days after receipt of the notice of disposition by a local 17 air authority on application for relief from penalty, if such an 18 application is made; or 19 (c) 30 days after receipt of the notice of decision of the 20 hearings board if the penalty is appealed. 21 (4) If the amount of any penalty is not paid to the department 22 within 30 days after it becomes due and payable, the attorney 23 general, upon request of the department, shall bring an action in the 24 name of the state of Washington in the superior court of Thurston 25 county, or of any county in which the violator does business, to 26 recover the penalty. If the amount of the penalty is not paid to the 27 authority within 30 days after it becomes due and payable, the 28 authority may bring an action to recover the penalty in the superior 29 court of the county of the authority's main office or of any county 30 in which the violator does business. In these actions, the procedures 31 and rules of evidence shall be the same as in an ordinary civil 32 action. 33 (5) All penalties recovered shall be paid into the state treasury 34 and credited to the general fund except the following:35 (a) Penalties imposed pursuant to RCW 18.104.155 must be credited 36 to the reclamation account as provided in RCW 18.104.155(7);37 (b) Penalties imposed pursuant to RCW 70A.15.3160 must be 38 disposed of pursuant to RCW 70A.15.3160; 39 p. 29 HB 1901 (c) Penalties imposed pursuant to RCW 70A.230.080, 70A.300.090, 1 70A.430.070, 70A.555.110, and 70A.560.020 must be credited to the 2 model toxics control operating account created in RCW 70A.305.180;3 (d) Penalties imposed pursuant to RCW 70A.245.040 and 70A.245.050 4 must be credited to the recycling enhancement account created in RCW 5 70A.245.100; 6 (e) Penalties imposed pursuant to RCW 70A.500.260 must be 7 deposited into the electronic products recycling account created in 8 RCW 70A.500.130; 9 (f) Penalties imposed pursuant to RCW 70A.65.200 must be credited 10 to the climate investment account created in RCW 70A.65.250;11 (g) Penalties imposed pursuant to RCW 90.56.330 must be credited 12 to the coastal protection fund established in RCW 90.48.390; ((and))13 (h) Penalties imposed pursuant to RCW 70A.355.070 must be 14 credited to the underground storage tank account created in RCW 15 70A.355.090; and16 (i) Penalties imposed pursuant to chapter 70A.--- RCW (the new 17 chapter created in section 19 of this act), which shall be credited 18 to the responsible mattress management account created in section 14 19 of this act . 20 --- END --- p. 30 HB 1901