HB 1551 — Reducing lead in cookware.

H-1135.1H-0750.1 SUBSTITUTE HOUSE BILL 1551 State of Washington 68th Legislature 2023 Regular Session By House Environment & Energy (originally sponsored by Representatives Pollet, Doglio, Fitzgibbon, Berry, Gregerson, Fosse, and Bateman)Bateman READRead FIRSTfirst TIMEtime 02/15/23.01/24/23.

Referred to Committee on Environment & Energy.

1 SHBHB 1551 (5) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010.

(1) Beginning January 1, 2025, no manufacturermanufacturer, wholesaler, or wholesalerretailer may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state cookware or a cookware component containing lead or lead compounds at a level of more than five parts per million.

(2)(a)(2) BeginningThe Januarydepartment, 1,in 2025,consultation nowith retailerthe maydepartment knowinglyof sellhealth, ormay knowinglylower offerthe forfive salepart forper usemillion inlimit thisestablished statein cookwaresubsection or(1) aof cookwarethis componentsection containingby leadrule orif leadit compoundsdetermines atthat athe levellower oflimit moreis: than five parts per million.

(b) Retailers who unknowingly sell products that are restricted from sale under this chapter are not liable under this chapter.

(c) The sale or purchase of any previously owned cookware or cookware components containing lead made in casual or isolated sales as defined in RCW 82.04.040, or by a nonprofit organization, is exempt from this chapter.

(3) The department, in consultation with the department of health, may lower the five part per million limit established in subsection (1) of this section by rule if it determines that the lower limit is:

p.(4) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.

2 SHB 1551 (4) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.

(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health departments, the department of natural resources, the departmentp. of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:

2 HB 1551 department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:

p.(g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan;

3 SHB 1551 (g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan;

(i) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewablep. under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).

3 HB 1551 reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).

p.(c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.

4 SHB 1551 (c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.

(1)p. Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.65.200, 70A.455.090, section 3 of this act, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity.

4 HB 1551 (1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.65.200, 70A.455.090, section 3 of this act, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity.

p.(b) Thirty days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made;

5 SHB 1551 (b) Thirty days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made;

If the amount of the penalty is not paid to the authorityp. within 30 days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business.

5 HB 1551 authority within 30 days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business.

If any provision of this act or its application to any person or circumstance is held invalid, the p.remainder of the act or the application of the provision to other persons or circumstances is not affected.

6 SHB 1551 remainder of the act or the application of the provision to other persons or circumstances is not affected.

76 SHBHB 1551