HB 2301 — Concerning extended producer responsibility requirements associated with paint.

(5))) (a) "Coating-related product" means a product used as a paint thinner, paint colorant, paint additive, paint remover, sealant, surface preparation, or surface adhesive, sold for home improvement in a container of five gallons or less for commercial and homeowner use.

(4) "Consumer""Conditionally includesexempt anysmall household,quantity nonprofit,generator" smallmeans business,a ordangerous otherwaste entitygenerator whose leftoverdangerous paintwastes productare isnot eligiblesubject to regulation under applicablechapter laws70A.300 RCW, hazardous waste management, solely because the waste is generated or accumulated in quantities below the threshold for regulation and regulations.meets the conditions prescribed in WAC 173-303-171(1), as it existed on July 28, 2019.

(((6)))(((4))) (5) "Covered"Conditionally entity"exempt small quantity generator waste" means any:dangerous waste generated by a conditionally exempt small quantity generator.

(((5))) (6) "Consumer" includes any household, nonprofit, small business, or other entity whose leftover paint product is eligible under applicable laws and regulations.

(((6))) (7) "Covered entity" means any:

or (b) ((conditionallyconditionally exempt))exempt small quantity generator of leftover ((oil-((oil-based based and latex architectural)) paint products;

(((7))) (6)(8) "Curbside service" means a waste collection, recycling, and disposal service providing pickup of leftover ((architectural)) paint products from residential sources, such as single-family households and multifamily housing, or other covered entities in quantities generated from households or ((conditionallyconditionally exempt))exempt small quantity generators, provided by a solid waste collection company regulated under chapter 81.77 RCW or under a contract for solid waste services with any city or town.

(((8))) (7)(9) "Department" means the department of ecology.

(((9)))p. (8) "Distributor" means a person that has a contractual relationship with one or more manufacturers to market and sell ((architectural)) paint products to retailers in Washington.

(((10)))2 (9)HB "End-of-life"2301 or(((9))) "end-of-life(10) management""Distributor" means activitiesa including,person butthat nothas limiteda to,contractual collection,relationship transportation,with p.one or more manufacturers to market and sell ((architectural)) paint products to retailers in Washington.

4(((10))) SHB(11) 2301"End-of-life" or "end-of-life management" means activities including, but not limited to, collection, transportation, reuse, recycling, energy recovery, and disposal for leftover ((architectural)) paint products.

(((11))) (10)(12) "Energy recovery" means the recovery of energy in a useable form from mass burning or refuse-derived fuel incineration, pyrolysis, or any other means of using the heat of combustion of solid waste that involves high temperature (above ((twelve hundred)) 1,200 degrees Fahrenheit) processing.

(((12))) (11)(13) "Environmentally sound management practices" means practices that comply with all applicable laws and rules to protect workers, public health, and the environment, provide for adequate recordkeeping, tracking and documenting the fate of materials within the state and beyond, and include environmental liability coverage for the stewardship organization.

(((13))) (12)(14) "Final disposition" means the point beyond which no further processing takes place and the paint product has been transformed for direct use as a feedstock in producing new products or is disposed of, including for energy recovery, in permitted facilities.

(((14))) (13)(15) "Household hazardous waste" means waste that exhibits any of the properties of dangerous waste that is exempt from regulation under chapter 70A.300 RCW solely because the waste is generated by households.

(((15))) (14)(16) "Leftover paint" or "leftover ((architectural)) paint products" means ((architectural)) paint products not used and no longer wanted by a consumer.

(((16))) (15)(17) "Moderate risk waste" means solid waste that is limited to ((conditionallyconditionally exempt))exempt small quantity generator waste and household hazardous waste as defined in this chapter.

(((17))) (16)(18)(a) "Moderate"Nonindustrial riskcoating" wastemeans collectionarts infrastructure"and meanscrafts allpaint, allowableautomotive permittedrefinish andpaint, conditionallydriveway permitsealer, exemptfaux facilities,finish activities,or glaze, furniture oil, furniture paint, lime wash, lime paint, marine paint, antifouling paint, road and locationstraffic undermarking WACpaint, 173-350-360,two- ascomponent itpaint, existedwood aspreservative, offire Januaryretardant 1,paint, 2026.dry fog p.

(17)(a)3 "NonindustrialHB coating"2301 means arts and crafts paint, automotivechalkboard refinish paint, driveway sealer, faux finish or glaze, furniture oil, furniture paint, lime wash, lime paint, marine paint, antifouling paint, road and trafficconductive marking paint, two-componentsold paint,in firea retardantcontainer paint,of dryfive foggallons paint,or chalkboardless paint,for commercial and p.homeowner use.

5 SHB 2301 conductive paint, sold in a container of five gallons or less for commercial and homeowner use.

(18)(a)(19)(a) "Paint product" or "paint" meansmeans, the following products and their associated packaging, except as provided in (b) of this subsection:

(19)(20) "Paint product stewardship assessment" or "assessment" means the amount determined by a stewardship organization that must be added to the purchase price of paint products sold in this state to cover a stewardship organization's costs of administration, education and outreach, collecting, transporting, and processing of the leftover paint products managed through a statewide paint product stewardship program.

(20)(21) "Paint retailer" means any person that offers ((architectural))architectural paint products for sale at retail in Washington.

(((18))) (21)(22) "Person" includes any individual, business, manufacturer, transporter, collector, processor, retailer, charity, nonprofit organization, or government agency.

(((19))) (22)(23) "Producer" means a manufacturer of ((architectural)) paint products that ((is)) are sold, offered for sale, or distributed in Washington under the producer's own name or other brand name.

(((20))) (23)(24) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal, energy recovery, or incineration.

(((21))) (24)(25) "Reuse" means any operation by which ((an architectural)) a paint product changes ownership and is used for the same purpose for which it was originally purchased.

(((22))) (25)(26) "Sell" or "sale" means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, or the internet or any other similar electronic means.

64 SHBHB 2301 (((23))) (26)(27) "Small"Stewardship quantityorganization" generator" means a dangerousnonprofit wasteorganization generatorcreated whoseby dangerousa wastesproducer are not subject to full regulation under chapter 70A.300 RCW, hazardous waste management, solely because the waste is generated or accumulatedgroup inof quantitiesproducers belowto theimplement thresholda forpaint regulationstewardship andprogram meetsrequired theunder conditionsthis prescribedchapter. in WAC 173-303-171(1), as it existed on July 28, 2019.

(27) "Small quantity generator waste" means dangerous waste generated by a small quantity generator.

(28) "Stewardship organization" means a nonprofit organization created by a producer or group of producers to implement a paint stewardship program required under this chapter.

(25) "Urbanized area" means areas of high population density with populations of fifty thousand or greater, as defined by the United States census bureau)) (29)(28) "Urban area" means an area delineated by the United States census bureau, based on a minimum threshold of 2,000 housing units or 5,000 people, as of January 1, 2026.

3.2.

4.3.

Each paint product stewardship organization must update its plan to address all paint p.products by July 1, 2027.

7 SHB 2301 products by July 1, 2029.

(a) A description of how the program proposed under the plan will collect, transport, recycle, and process leftover paint and associated packaging from covered entities for end-of-life management, including reuse, recycling, energy recovery, and disposal, using environmentally sound management practices;

(c)p. A demonstration of sufficient funding for the ((architectural)) paint product stewardship program as described in the plan.

5 HB 2301 (c) A demonstration of sufficient funding for the ((architectural)) paint product stewardship program as described in the plan.

For purposes of establishing the assessment, the plan must categorize the product types and sizes p.of ((paint)) containers sold at retail and determine a uniform assessment amount that applies to each ((category of)) product type and container size to cover the paint product categories specified in RCW 70A.515.020(19)(a) (i) through (iv).

8 SHB 2301 of ((paint)) containers sold at retail and determine a uniform assessment amount that applies to each ((category of)) product type and container size to cover the paint product categories specified in RCW 70A.515.020(18)(a) (i) through (iv).

With the exception of the annual administration costs paid to the department under RCW 70A.515.060(4), the department may not control or have spending authority related to the funds received by the stewardshipp. organization from the assessment.

6 HB 2301 stewardship organization from the assessment.

(g) A description of the educational outreach strategy to reduce the generation of leftover paintpaint, products, to promote the reuse and recycling of leftover paintpaint, products, for the overall collection of leftover paintpaint, products, and for the proper end-of-life management of leftover paintpaint. products.

(i) A description of how the program will provide for reasonably convenient and available statewide collection of leftover paint p.products from covered entities in urban and rural areas of the state, including island communities;

9 SHB 2301 products from covered entities in urban and rural areas of the state, including island communities;

(A) The reuse or processing of leftover ((architectural))architectural paint products at the permanent collection site;

and (B) The collection, transportation, and recycling or proper disposal of leftover ((architectural))architectural paintpaint; products;

and (iii)p. A description of how the program will use the moderate risk waste collection infrastructure when selecting collection points and services for leftover paint products;

7 HB 2301 (iii) A description of how the program will use the existing household hazardous waste collection infrastructure when selecting collection points for leftover paint products;

and (l) A list of transporters that will be used to manage leftover paint products collected by the stewardship organization and a list of potential processors to be used for final disposition.

and unless otherwise approved by the department, one additional permanent collection site for architectural paint must be established for every ((thirty thousand)) 40,00050,000 residents of an urban((ized)) area and for every urban ((cluster)) area of at least ((thirty thousand)) 40,00030,000 residents distributed((distributed to provide convenient and reasonably equitable access for p.residents within each)).

10 SHB 2301 residents within each.

(b) For the portion of the population that does not have a permanent collection location for architectural paint products within a ((fifteen)) 15-mile radius, the plan must provide residents a reasonable opportunity ((toto drop off leftover))leftover forarchitectural paint ((atat collectionp. events)) product collection.

The8 stewardshipHB organization,2301 in consultation with the department and the local community, will determine a reasonable frequency and location of these collection ((events))events. opportunities, to be held in underserved areas.

The stewardship organization, in consultation with the department and the local community, will determine a reasonable frequency and location of these collection events, to be held in underserved areas.

(5) The((The program must utilize existing paint retail stores as collection sites where cost-effective and mutually agreeable.

(6)(6))) The plan must provide the collection site name and location of each site statewide in Washington accepting ((architectural)) paint products under the program, and the categories of paint products specified in RCW 70A.515.020(18)(a)70A.515.020(19)(a) (i) through (iv) accepted at such locations.

(7)(((7))) (6) A stewardship organization shall promote a paint product stewardship program and provide consumers, covered entities, and p.paint retailers with educational and informational materials describing collection opportunities for leftover paint statewide, the ((architectural)) paint product stewardship assessment used to finance the program, and promotion of waste prevention, reuse, and recycling.

11 SHB 2301 paint retailers with educational and informational materials describing collection opportunities for leftover paint products statewide, the ((architectural)) paint product stewardship assessment used to finance the program, and promotion of waste prevention, reuse, and recycling.

(b)p. Written materials and templates of materials for reproduction by paint product retailers to be provided to the consumer at the time of purchase or delivery, or both;

9 HB 2301 (b) Written materials and templates of materials for reproduction by paint retailers to be provided to the consumer at the time of purchase or delivery, or both;

(8)(((8))) (7) A stewardship organization must submit a new plan or plan amendment to the department for approval when there is a change to the amount of the assessment, if required by the department, or every five years, if the department deems it necessary.

4.

RCW 70A.515.010 and 2019 c 344 s 1 are each amended to read as follows:

The legislature finds that:

(1) Leftover ((architectural paints)) paint products are a waste management issue and present environmental risks and health and safety risks, especially to workers in the solid waste industry.

During waste collection and processing, wet paint can create spills and splashes and oil paint containers may rupture, releasing fumes hazardous to workers and the remaining liquids may contribute to leachate problems in landfills.

Some local governments are able to devote resources to provide collection sites or events for latex paint in order to provide their residents with at least some disposal options and to keep latex paint out of the solid waste stream.

But residents and small businesses need additional and more convenient options for disposal of ((architectural)) paint products.

Drying latex for disposal is difficult for many residents and is wasteful of latex paint that can otherwise be reused or recycled.

Local government special and moderate-risk waste collection programs are heavily impacted by the cost of managing unwanted ((architectural paints)) paint products and these costs decrease the available funds to address other hazardous and hard-to-handle materials.

(2) Nationally, an estimated average of ((ten)) 10 percent of architectural paint purchased becomes leftover paint.

Current p.

10 HB 2301 programs only collect a fraction of the potential leftover paint for proper reuse, recycling, or disposal.

There is not a comprehensive statewide, end-of-life management plan for ((architectural)) paint products, resulting in significant missed opportunities to reduce, reuse, and recycle paint.

(3)(a) It is in the best interest of Washington for paint manufacturers to assume responsibility for the development and implementation of a cost-effective paint product stewardship program that:

(i) Develops and implements strategies to reduce the generation of leftover paint;

(ii) Promotes the reuse of leftover paint;

(iii) Collects, transports, and processes leftover paint for end- of-life management, including reuse, recycling, energy recovery, and disposal;

and (iv) Provides for transparency under chapter 42.56 RCW, the public records act.

(b) A paint product stewardship program will follow the paint waste management hierarchy for managing and reducing leftover paint in the order as follows:

(i) Reduce consumer generation of leftover paint products;

(ii) Reuse;

(iii) Recycle;

and (iv) Provide for energy recovery and disposal.

(c) The establishment of a comprehensive leftover paint product management program that requires paint product manufacturers to assume responsibility for the collection, recycling, reuse, transportation, and disposal of leftover paint products, and that allows paint retailers to voluntarily participate in the collection of leftover paint products, will provide more opportunities for consumers to properly manage their leftover paint products, provide fiscal relief for local government in managing leftover paint products, keep paint products out of the waste stream, and conserve natural resources.

(4) ((The legislature further finds that)) Washington's existing waste collection, recycling, and disposal system leads the nation in innovation and environmentally sound practices.

This system has achieved some of the highest overall recycling rates in the nation at ((fifty-one)) 51 percent in 2012.

The legislature further finds that leftover paint products may be a toxic and hard-to-handle waste p.

11 HB 2301 product that is appropriate for a product stewardship program to increase the safe, convenient, and effective reuse, recycling, and disposal of leftover paint.

Product stewardship programs for toxic and hard-to-handle materials, including ((an architectural)) a paint product stewardship program, should integrate with and complement the existing waste collection, recycling, and disposal system.

(5) This chapter creates ((an architectural)) a paint product stewardship program to be enforced by the department.

Sec.

A stewardship organization shall implement the updated paint product stewardship program plan addressing all paint products by July 1, 2030,2028, or within six months p.after approval of the updated paint product stewardship program plan under RCW 70A.515.040, whichever is later.

12 SHB 2301 after approval of the updated paint product stewardship program plan under RCW 70A.515.040, whichever is later.

Sec.p.

12 HB 2301 Sec.

(2) When a plan, updated plan, or an amendment to an approved plan is submitted under this section, the department shall make the proposed plan,plan , updated plan, or amendment available for public review and comment for at least ((thirty)) 30 days.

The department shall set the fee at an amount that, when paid by every stewardship organization or producer that submits a p.plan, is adequate to reimburse the department's full costs of administering and enforcing this chapter.

13 SHB 2301 plan, is adequate to reimburse the department's full costs of administering and enforcing this chapter.

(b)p. The department may administratively impose a civil penalty of up to ((ten thousand dollars)) $10,000 per violation per day on any person who intentionally, knowingly, or negligently violates this chapter.

13 HB 2301 (b) The department may administratively impose a civil penalty of up to ((ten thousand dollars)) $10,000 per violation per day on any person who intentionally, knowingly, or negligently violates this chapter.

The department shall update the list of producers and brands participating under an approved program plan on a ((monthly))monthly quarterly basis based on information provided to the department from a stewardship organization.

p.Sec.

14 SHB 2301 Sec.

((However, a retailer may sell any paint purchased prior to July 28, 2019)) A retailer may continue to sell any aerosolpurchased coatingpaint products,products coating-other relatedthan products,architectural andpaint nonindustrialprior coatingsto until July 1, 2030,2028, or six months after approval of an updated stewardship program plan, whichever comes later.

(2)p. A distributor or a paint retailer that distributes or sells ((architectural)) paint products shall monitor the department's website to determine if the sale of a producer's ((architectural)) paint products is in compliance with this chapter.

(3)14 AtHB the2301 time(2) ofA saledistributor to a consumer, a producer, a stewardship organization, or a paint retailer sellingthat distributes or offeringsells ((architectural)) paint products for sale in Washington shall providemonitor the consumerdepartment's withwebsite informationto regardingdetermine availableif end-of-lifethe managementsale optionsof fora leftoverproducer's ((architectural)) paint products collectedis throughin acompliance paintwith productthis stewardshipchapter. program.

(4)(3) NeitherAt the time of sale to a consumer, a producer, a stewardship organization, or a paint retailer,retailer norselling anyor otheroffering retailer,architectural ispaint requiredfor tosale servein asWashington ashall provide the consumer with information regarding available end-of-life management options for leftover architectural paint collected through a paint product collectionstewardship facility.program.

(5)(4) NoNeither feea maypaint beretailer, chargednor atany theother timeretailer, ofis deliveryrequired ofto leftoverserve paintas productsa toleftover apaint collection site.facility.

(5) No fee may be charged at the time of delivery of leftover paint to a collection site.

(1) By ((OctoberOctober 15, 2020))2020, May 1, 2026, and annually thereafter, a stewardship organization shall submit to the department a report describing the paint product stewardship program that the stewardship organization implemented during the previous fiscal year.

p.(a) A description of the methods the stewardship organization used to reduce, reuse, collect, transport, recycle, and process leftover paint products statewide in Washington;

15(b) SHBThe 2301volume (a)of Alatex descriptionand ofoil-based thearchitectural methodspaint collected by the stewardship organization usedin tothe reduce,preceding reuse,fiscal collect,year transport,in recycle,Washington, including any increase in total volume of paint collected each year, and processthe leftovercost of the paint productsproduct statewidestewardship inprogram Washington;per gallon of paint collected;

(b)(c) The volume of ((latexlatex and oil-based architectural))architectural paint products collected by themethod stewardshipof organizationdisposition, in the preceding ((fiscal)) calendar year in Washington, including anyreuse, increaserecycling, inenergy totalrecovery, volume of paint collected each year, and thedisposal; cost of the paint product stewardship program per gallon of paint collected;

(c)(d) TheAn volumeestimate of ((latexthe andtotal oil-basedweight architectural)) paint products collected by method of disposition,all includingarchitectural reuse,paint recycling,containers energyrecycled recovery,by andthe disposal;program;

(d)(e) AnA estimatelist of theall totalprocessors weightthrough offinal alldisposition paintthat productare containersused recycledto manage leftover architectural paint collected by the program;stewardship organization in the preceding year;

(e) A list of all processors through final disposition that are used to manage leftover paint products collected by the stewardship organization in the preceding year;

(g)p. The total volume of ((architectural)) paint products sold in Washington during the preceding year based on the ((architectural)) paint product stewardship assessment collected by the stewardship organization;

15 HB 2301 (g) The total volume of architectural paint sold in Washington during the preceding year based on the ((architectural)) paint product stewardship assessment collected by the stewardship organization;

and (k) A summary of outreach and education activities undertaken and samples of the educational materials that the stewardship organization provided to consumers of ((architectural((architectural)) paint products during the first year of the program and any changes to those materials in subsequent years))years. paint products.

(2) Beginning with the annual report due the year after the initial inclusion of paint products other than architectural paint into the program under this chapter, the annual report must also include reportingthe onvolume of paint products other than architectural paint p.collected by the stewardship organization in the preceding fiscal year in Washington, including any increase in total volume of paint products collected each year, and the cost of the paint product stewardship program per unit of paint product collected.

16 SHB 2301 collected by the stewardship organization in the preceding fiscal year in Washington, as described in subsection (1)(b) through (g) of this section.

((ConsistentConsistent with RCW 70A.515.130, valuable commercial information submitted to the department under this chapter is exempt from public disclosure under RCW 42.56.270.

However, the))the Adepartment producermay oruse stewardshipand organizationdisclose maysuch requestinformation thatin informationsummary or recordsaggregated submittedform toas thelong departmentas underthe thisdisclosure chapterdoes benot madedirectly availableor onlyindirectly foridentify thefinancial, confidentialproduction, useor ofsales thedata department, the director of thean department,individual producer or thestewardship appropriateorganization. division of the department.

The director of the department must consider the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160.

The department may use and disclose such information in summary or aggregated form as long as the disclosure does not directly or indirectly identify financial, production, or sales data of an individual producer or stewardship organization.

Sec.p.

16 HB 2301 Sec.

p.The paint product stewardship account is created in the state treasury.

17 SHB 2301 The paint product stewardship account is created in the state treasury.

((MoneysMoneys in the account may be spent only after appropriation.

Expenditures from the account may be used by the department only for administering and enforcing paint product stewardship programs))programs. Only the director of the department or the director's designee may authorize expenditures from the account.

The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Moneys in the account may be used solely by the department for administering, implementing, and enforcing the requirements of this chapter.

Funds in the account may not be diverted for any purpose or activity other than those specified in this section.

This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection and recycling of ((architectural)) paint products that substantially meets the intent of this chapter, including the creation of a funding mechanism for collection, transportation, recycling, and proper disposal of all ((architectural))architectural paint products in the United States.

(3)(a)p. "Beverage" means a drinkable liquid intended for human oral consumption.

17 HB 2301 (3)(a) "Beverage" means a drinkable liquid intended for human oral consumption.

p.(4) "Beverage container" means any container in which a producer originally prepackaged and sealed a beverage.

18 SHB 2301 (4) "Beverage container" means any container in which a producer originally prepackaged and sealed a beverage.

and (c)p. A public place where a government entity managed recycling collection receptacles as of August 1, 2025, and any additional public place identified in an approved plan.

18 HB 2301 (c) A public place where a government entity managed recycling collection receptacles as of August 1, 2025, and any additional public place identified in an approved plan.

p.(14) "Covered materials type" means a singular and specific type of material, such as paper, plastic, metal, or glass, that is a covered material and that:

19 SHB 2301 (14) "Covered materials type" means a singular and specific type of material, such as paper, plastic, metal, or glass, that is a covered material and that:

or (c) Is an agricultural employer, as defined in RCW 19.30.010, regardless of where the agricultural employer is located, with less than $5,000,000, as adjusted for inflation as described in (b) of this subsection, in gross revenue in Washington from consumer sales ofp. agricultural commodities sold under the brand name of the agricultural employer.

19 HB 2301 of agricultural commodities sold under the brand name of the agricultural employer.

p.(19) "Exempt materials" means materials, or any portion of materials, that are:

20 SHB 2301 (19) "Exempt materials" means materials, or any portion of materials, that are:

(h)p. Packaging for products regulated by the United States environmental protection agency under the federal insecticide, fungicide, and rodenticide act (7 U.S.C.

20 HB 2301 (h) Packaging for products regulated by the United States environmental protection agency under the federal insecticide, fungicide, and rodenticide act (7 U.S.C.

p.1910.1200 (2024), that prevent the packaging from being reduced or made reusable, recyclable, or compostable, as determined by the department;

21 SHB 2301 1910.1200 (2024), that prevent the packaging from being reduced or made reusable, recyclable, or compostable, as determined by the department;

Beginning January 1, 2030, the producer must demonstrate to the department every two years thatp. the material has had a state recycling rate of at least 70 percent annually;

21 HB 2301 that the material has had a state recycling rate of at least 70 percent annually;

and p.(v) If only a portion of the material sold in or into the state by a producer meets the criteria of (p)(i) of this subsection, only the portion of the material that meets that criteria is an exempt material and any portion that does not meet the criteria is a covered material for purposes of this chapter.

22 SHB 2301 (v) If only a portion of the material sold in or into the state by a producer meets the criteria of (p)(i) of this subsection, only the portion of the material that meets that criteria is an exempt material and any portion that does not meet the criteria is a covered material for purposes of this chapter.

(b)p. "Packaging" does not include exempt materials.

22 HB 2301 (b) "Packaging" does not include exempt materials.

(f) paper for use in p.building construction;

23 SHB 2301 building construction;

(A) If the item is sold in or with packaging under the brand of the item manufacturer or is sold in packaging that lacks identificationp. of a brand, the producer is the person that manufactures the item;

23 HB 2301 identification of a brand, the producer is the person that manufactures the item;

p.(D) If there is no person described in (a)(i)(A), (B), or (C) of this subsection within the United States, the producer is the person who is the importer of record for the item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state;

24 SHB 2301 (D) If there is no person described in (a)(i)(A), (B), or (C) of this subsection within the United States, the producer is the person who is the importer of record for the item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state;

(B) If there is no person to which (a)(v)(A) of this subsection applies, the producer is the person that is the owner or licensee of a brand or trademark under which the paper product is used in a commercial enterprise, sold, offered for sale, or distributed in or intop. this state, whether or not the trademark is registered in this state;

24 HB 2301 into this state, whether or not the trademark is registered in this state;

(D) If there is no person described in (a)(v)(A), (B), or (C) of this subsection within the United States, the producer is the person that imports the paper product into the United States for use in a p.commercial enterprise that sells, offers for sale, or distributes the paper product in this state;

25 SHB 2301 commercial enterprise that sells, offers for sale, or distributes the paper product in this state;

(a)p. A nonprofit organization that qualifies for a tax exemption under 26 U.S.C.

25 HB 2301 (a) A nonprofit organization that qualifies for a tax exemption under 26 U.S.C.

p.(31) "Program" means the activities conducted to implement an approved plan.

26 SHB 2301 (31) "Program" means the activities conducted to implement an approved plan.

(36)p. "Responsible market" means an entity that:

26 HB 2301 (36) "Responsible market" means an entity that:

p.(c) If the market operates in the state, manages waste according to the state's solid waste management hierarchy established in RCW 70A.205.005;

27 SHB 2301 (c) If the market operates in the state, manages waste according to the state's solid waste management hierarchy established in RCW 70A.205.005;

(42)p. "Reuse rate" means the share of units of a reusable covered material introduced into the state in a calendar year that are demonstrated and deemed reusable in accordance with an approved plan.

27 HB 2301 (42) "Reuse rate" means the share of units of a reusable covered material introduced into the state in a calendar year that are demonstrated and deemed reusable in accordance with an approved plan.

A government entity that provides, contracts for, or otherwise arranges for another party to provide covered services for covered materials within its jurisdiction may be a service provider regardless of whether it provided, contracted for, p.or otherwise arranged for similar services before the approval of the applicable plan.

28 SHB 2301 or otherwise arranged for similar services before the approval of the applicable plan.

Sec.

13.

RCW 82.04.765 and 2020 c 20 s 1471 are each amended to read as follows:

(1) This chapter does not apply to the receipts attributable to the assessment on ((architectural)) paint products imposed pursuant to chapter 70A.515 RCW.

(2) This section is not subject to the requirements of RCW 82.32.805 and 82.32.808, and is not subject to an expiration date.

Sec.

14.

RCW 42.56.270 and 2025 c 419 s 9, 2025 c 176 s 1, and 2025 c 81 s 1 are each reenacted and amended to read as follows:

The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:

(1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five p.

29 SHB 2301 years of the request for disclosure when disclosure would produce private gain and public loss;

(2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750;

(b) highway construction or improvement as required by RCW 47.28.070;

or (c) alternative public works contracting procedures as required by RCW 39.10.200 through 39.10.905;

(3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;

(4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.325, 43.163, 43.160, 43.330, 43.168, and 43.181 RCW and RCW 43.155.160, or during application for economic development loans or program services provided by any local agency;

(5) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW;

(6) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information;

(7) Financial and valuable trade information under RCW 51.36.120;

(8) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW;

(9) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010;

(10)(a) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a horse racing license submitted pursuant to RCW 67.16.260(1)(b), p.

30 SHB 2301 cannabis producer, processor, or retailer license, liquor license, gambling license, or lottery retail license;

(b) Proprietary financial and security information submitted to or obtained by the gambling commission from and on behalf of license applicants, licensees, gaming facilities, or a tribe pursuant to an approved tribal/state compact.

Proprietary financial and security information includes, but is not limited to, the following:

(i) Financial statements and transactions including but not limited to independent auditors' reports and financial statements with any supporting documents, bank account records, player tracking records, bond issuances, loan agreements, purchase agreements, and stock buyouts.

However, quarterly license reports are not exempt;

(ii) Information that describes the internal operational system or internal procedures of the gaming facility designed to promote efficiency, safeguard assets, and avoid fraud and error, including but not limited to records pertaining to security camera technical specifications, operation, and placement;

cash out procedures and locations;

cage security information;

building access controls;

and personally identifiable information control procedures;

(iii) Gaming facility security information, including but not limited to descriptions of facility layout and schematics, firewall configurations, network topologies, source code, software files, cryptographic hashes of software files, risk and security assessment reports, disaster recovery plans, incident response plans, and any other sensitive information that may negatively impact the security of the facility if released;

and (iv) Gaming equipment information, including but not limited to related hardware, software, and security information, such as firewall configurations, field testing data and results from testing, network topologies or diagrams, source code, software files, cryptographic hashes of software files, schematics, user credentials, system components, and any other sensitive information about the equipment that may compromise the security and integrity of the equipment if released;

(c) Valuable formulae or financial or proprietary commercial information records received during a consultative visit or while providing consultative services to a licensed cannabis business in accordance with RCW 69.50.561;

(11) Proprietary data, trade secrets, or other information that relates to:

(a) A vendor's unique methods of conducting business;

(b) p.

31 SHB 2301 data unique to the product or services of the vendor;

or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services or the health care authority for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011;

(12)(a) When supplied to and in the records of the department of commerce:

(i) Financial and proprietary information collected from any person and provided to the department of commerce pursuant to RCW 43.330.050(8);

(ii) Financial or proprietary information collected from any person and provided to the department of commerce or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;

and (iii) Financial or proprietary information collected from any person and provided to the department of commerce pursuant to RCW 43.31.625 (3)(b) and (4);

(b) When developed by the department of commerce based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;

(c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;

(d) If there is no written contact for a period of 60 days to the department of commerce from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter;

(13) Financial and proprietary information submitted to or obtained by the department of ecology or the authority created under chapter 70A.500 RCW to implement chapter 70A.500 RCW;

(14) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under RCW 43.330.502, to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information;

p.

32 SHB 2301 (15) Financial and commercial information provided as evidence to the department of licensing as required by RCW 19.112.110 or 19.112.120, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees;

(16) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department of natural resources under RCW 78.44.085;

(17)(a) Farm plans developed by conservation districts, unless permission to release the farm plan is granted by the landowner or operator who requested the plan, or the farm plan is used for the application or issuance of a permit;

(b) Farm plans developed under chapter 90.48 RCW and not under the federal clean water act, 33 U.S.C.

Sec.

1251 et seq., are subject to RCW 42.56.610 and 90.64.190;

(18) Financial, commercial, operations, and technical and research information and data submitted to or obtained by a health sciences and services authority in applications for, or delivery of, grants under RCW 35.104.010 through 35.104.060, to the extent that such information, if revealed, would reasonably be expected to result in private loss to providers of this information;

(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business;

(20) Financial and commercial information submitted to or obtained by the University of Washington, other than information the university is required to disclose under RCW 28B.20.150, when the information relates to investments in private funds, to the extent that such information, if revealed, would reasonably be expected to result in loss to the University of Washington consolidated endowment fund or to result in private loss to the providers of this information;

(21) Market share data submitted by a manufacturer under RCW 70A.500.190(4);

(22) Financial information supplied to the department of financial institutions, when filed by or on behalf of an issuer of securities for the purpose of obtaining the exemption from state securities registration for small securities offerings provided under RCW 21.20.880 or when filed by or on behalf of an investor for the purpose of purchasing such securities;

p.

33 SHB 2301 (23) Unaggregated or individual notices of a transfer of crude oil that is financial, proprietary, or commercial information, submitted to the department of ecology pursuant to RCW 90.56.565(1)(a), and that is in the possession of the department of ecology or any entity with which the department of ecology has shared the notice pursuant to RCW 90.56.565;

(24) Financial institution and retirement account information, and building security plan information, supplied to the liquor and cannabis board pursuant to RCW 69.50.325, 69.50.331, 69.50.342, and 69.50.345, when filed by or on behalf of a licensee or prospective licensee for the purpose of obtaining, maintaining, or renewing a license to produce, process, transport, or sell cannabis as allowed under chapter 69.50 RCW;

(25) Cannabis transport information, vehicle and driver identification data, and account numbers or unique access identifiers issued to private entities for traceability system access, submitted by an individual or business to the liquor and cannabis board under the requirements of RCW 69.50.325, 69.50.331, 69.50.342, and 69.50.345 for the purpose of cannabis product traceability.

Disclosure to local, state, and federal officials is not considered public disclosure for purposes of this section;

(26) Financial and commercial information submitted to or obtained by the retirement board of any city that is responsible for the management of an employees' retirement system pursuant to the authority of chapter 35.39 RCW, when the information relates to investments in private funds, to the extent that such information, if revealed, would reasonably be expected to result in loss to the retirement fund or to result in private loss to the providers of this information except that (a) the names and commitment amounts of the private funds in which retirement funds are invested and (b) the aggregate quarterly performance results for a retirement fund's portfolio of investments in such funds are subject to disclosure;

(27) Proprietary financial, commercial, operations, and technical and research information and data submitted to or obtained by the liquor and cannabis board in applications for cannabis research licenses under RCW 69.50.372, or in reports submitted by cannabis research licensees in accordance with rules adopted by the liquor and cannabis board under RCW 69.50.372;

(28) Trade secrets, technology, proprietary information, and financial considerations contained in any agreements or contracts, p.

34 SHB 2301 entered into by a licensed cannabis business under RCW 69.50.395, which may be submitted to or obtained by the state liquor and cannabis board;

(29) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the Andy Hill cancer research endowment program in applications for, or delivery of, grants under chapter 43.348 RCW, to the extent that such information, if revealed, would reasonably be expected to result in private loss to providers of this information;

(30) Proprietary information filed with the department of health under chapter 69.48 RCW;

(31) ((Records filed with the department of ecology under chapter 70A.515 RCW that a court has determined are confidential valuable commercial information under RCW 70A.515.130;

(32))) Unaggregated financial, proprietary, or commercial information submitted to or obtained by the liquor and cannabis board in applications for licenses under RCW 66.24.140 or 66.24.145, or in any reports or remittances submitted by a person licensed under RCW 66.24.140 or 66.24.145 under rules adopted by the liquor and cannabis board under chapter 66.08 RCW;

(((33))) (32) Formulas and data public risk pools used to calculate rates for pool member contributions or assessments, and actuarial analyses and reports prepared by or for public risk pools;

and (((34))) (33) Unaggregated or individual information submitted to the department of revenue under RCW 82.17.020 pertaining to the sales price of zero-emission vehicle credits in transactions between manufacturers.

NEW SECTION.

Sec.

15.

RCW 70A.515.130 (Protection of certain records from public inspection) and 2019 c 344 s 13 are each repealed.

3528 SHBHB 2301