SB 5135 — Preventing toxic pollution that affects public health or the environment.

S-1732.1SUBSTITUTES-0463.3SENATE SENATE BILL 5135State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Environment, Energy & Technology (originally sponsored by Senators Rolfes, Frockt, Salomon, Palumbo, Cleveland, Carlyle, Kuderer, Saldaña,Saldaña, Billig, Dhingra, Pedersen, Wellman, Hunt, Das, McCoy, Liias, Darneille, Hasegawa, Keiser, and Van De Wege)READWegePrefiled FIRST01/11/19.Read TIMEfirst 02/15/19.ANtime 01/14/19.Referred to Committee on Environment, Energy & Technology.AN ACT Relating to preventing toxic pollution that affects public health or the environment;

and prescribing penalties.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.SECTION.  Sec.

and(c) Forage fish.NEW SECTION.  Sec.SECTION.  Sec.

Every five years, and consistent with the timeline established in section 5 of this act, the department, in consultation with the department of health, must identify at least five priority chemicals that meet at least one of the following:(1) The chemical or a member of a class of chemicals are identified by the department as a:(a) High priority chemical of high concern for children under chapter 70.240 RCW;

and(ii) Reliable information demonstrating occurrence, or potential occurrence, of multiple exposures to the chemical or members of a class of chemicals.NEW SECTION.  Sec.SECTION.  Sec.

(1) Every five years, and consistent with the timeline established in section 5 of this act, the department, in consultation with the department of health, shall identify priority consumer products that are a significant source of or use of priority chemicals.(2) When identifying priority consumer products under this section, the department must consider, at a minimum, the following criteria:(a) The estimated volume of a priority chemical or priority chemicals added to, used in, or present in the consumer product;(b) The estimated volume or number of units of the consumer product sold or present in the state;(c) The potential for exposure to priority chemicals by sensitive populations or sensitive species when the consumer product is used, disposed of, or has decomposed;(d) The potential for priority chemicals to be found in the outdoor environment, with priority given to surface water, groundwater, marine waters, sediments, and other ecologically sensitive areas, when the consumer product is used, disposed of, or has decomposed;(e) If another state or nation has identified or taken regulatory action to restrict or otherwise regulate the priority chemical in the consumer product;

The manufacturer must provide the notice to the department no later than six months after receipt of such a demand by the department.(5)(a) Except as provided in (b) of this subsection, the department may not identify the following as priority consumer products under this section:(i) Food or beverages;(ii) Tobacco products;(iii) Drug or biological products regulated by the United States food and drug administration;(iv) Finished products certified or regulated by the federal aviation administrationadministration; or the department of defense, or both, when used in a manner that was certified or regulated by such agencies, including parts, materials, and processes when used to manufacture or maintain such regulated or certified finished products;(v) Motorized vehicles, including on and off-highway vehicles, such as all-terrain vehicles, motorcycles, side-by-side vehicles, farm equipment, and personal assistive mobility devices;

and(vi)and(v) Chemical products used to produce an agricultural commodity, as defined in RCW 17.21.020.(b) The department may identify the packaging of products listed in (a) of this subsection as priority consumer products.NEW SECTION.  Sec.SECTION.  Sec.

(1) Every five years, and consistent with the timeline established in section 5 of this act, the department, in consultation with the department of health, must determine regulatory actions to increase transparency and to reduce the use of priority chemicals in priority consumer products.

or(d) It is necessary to protect the health of sensitive populations or sensitive species.(4) A restriction or prohibition on a priority chemical in a consumer product may include exemptions or exceptions, including exemptions to address existing stock of a product in commerce at the time that a restriction takes effect.NEW SECTION.  Sec.SECTION.  Sec.

(1)(a) By June 1, 2020, and consistent with section 3 of this act, the department shall identify priority consumer products that are a significant source of or use of priority chemicals specified in section 1(10) (a) through (f) of this act.(b) By June 1, 2022, and consistent with section 4 of this act, the department must determine regulatory actions regarding the priority chemicals and priority consumer products identified in (a) of this subsection.(c) By June 1, 2023, the department must adopt rules to implement regulatory actions determined under (b) of this subsection.(2)(a) By June 1, 2024, and every five years thereafter, the department shall identify at least five priority chemicals specified in section 1(10) (a) through (g) of this act that are identified consistent with section 2 of this act.(b) By June 1, 2025, and every five years thereafter, the department must identify priority consumer products that contain priority chemicals, consistent with section 3 of this act.(c) By June 1, 2027, and every five years thereafter, the department must determine regulatory actions for the priority chemicals in priority consumer products identified under (b) of this subsection, consistent with section 4 of this act.(d) By June 1, 2028, and every five years thereafter, the department must adopt rules to implement regulatory actions identified under (c) of this subsection.(3) When identifying priority chemicals and priority consumer products under this chapter, the department must notify the public of the selection, including the identification of the peer-reviewed science and other sources of information that the department relied upon, the basis for the selection, and a draft schedule for making determinations.

The department shall provide the public with an opportunity for review and comment onof the regulatory determinations.NEW SECTION.  Sec.SECTION.  Sec.

The director is authorized to enter into an agreement with the federal agency furnishing the records or information to ensure the confidentiality of the records or information.NEW SECTION.  Sec.SECTION.  Sec.

Manufacturers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense.(2) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board.(3) All penalties collected under this chapter shall be deposited in the state toxics control account created in RCW 70.105D.070.NEW SECTION.  Sec.SECTION.  Sec.

and failure to adhere to the plan review and approval timelines in RCW 90.64.026.(h) Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.(i) Decisions of the department of natural resources, the department of fish and wildlife, and the department that are 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).(j) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.(k) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.(l) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.(m) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.(2) The following hearings shall not be conducted by the hearings board:(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.(c) Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.(d) Hearings conducted by the department to adopt, modify, or repeal rules.(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.NEW SECTION.  Sec.SECTION.  Sec.

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

Sections 1 through 8 and 13 of this act constitute a new chapter in Title 70 RCW.NEW SECTION.  Sec.SECTION.  Sec.