BILL REQ. #:  H-1241.4 

READ FIRST TIME 02/20/13.   

     AN ACT Relating to adopting the Washington small rechargeable battery stewardship act; reenacting and amending RCW 43.21B.110 and 43.21B.110; adding a new chapter to Title 70 RCW; prescribing penalties; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds and declares that:
     (1) It is in the public interest of the citizens of Washington to encourage the recovery and reuse of materials, such as metals, that replace the output of mining and other extractive industries;
     (2) It is desirable to reduce the volume of the solid waste stream and resulting burdens on municipalities;
     (3) Ensuring the proper handling and recycling of used small rechargeable batteries prevents the release of toxic materials into the environment and removes from the waste stream materials that may present safety concerns if mishandled;
     (4) It is important to ensure that all entities supplying small rechargeable batteries to users in Washington, whether as stand-alone units or as easily removable components of products, bear the same battery stewardship obligations;
     (5) Addressing certain existing and future barriers to implementation of voluntary industry programs to collect and recycle used small rechargeable batteries will facilitate these interests, even if doing so may be inconsistent with state or federal laws governing competitive practices.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of ecology.
     (2) "Easily removable" means readily detachable by a consumer with the use of common household tools or without the use of tools.
     (3) "Multiparty program" means a Washington-only or multistate program that collects used small rechargeable batteries regardless of brand.
     (4) "Nonenrolled battery" means a used small rechargeable battery that under section 3 of this act must be covered by a qualified program, but as to which no manufacturer or marketer of the battery operated or participated in a qualified program at the time the used battery was collected.
     (5) "Nonrechargeable battery" means a battery that is not designed to be recharged for repeated use.
     (6) "Participate" means to appoint an organization to act as an agent to administer a qualified used small rechargeable battery stewardship program and to have that appointment accepted by the qualified program.
     (7) "Person" means a sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, cooperative, or other legal entity located within or outside Washington.
     (8) "Place of business" means a location at which a retailer sells or offers for sale small rechargeable batteries or portable rechargeable products to consumers.
     (9) "Portable rechargeable product" means a product that is packaged with or contains one or more easily removable small rechargeable batteries at the time it is sold or offered for sale, and is not a medical device as defined in RCW 19.210.010.
     (10) "Portable rechargeable product manufacturer or marketer" means every person that: (a) Manufactures or arranges for the manufacturing of portable rechargeable products sold, offered for sale, or distributed in Washington under a brand name it owns or licenses; (b) packages or arranges for the packaging of portable rechargeable products sold, offered for sale, or distributed in Washington under a brand name it owns or licenses; (c) imports into the United States portable rechargeable products that are sold, offered for sale, or distributed in Washington under a brand name it owns or licenses; or (d) is not a retailer and otherwise makes available to purchasers in Washington portable rechargeable products.
     (11) "Qualified used small rechargeable battery stewardship program" or "qualified program" means a program for the collection, transportation, recycling, and disposal of used small rechargeable batteries that has been approved by the department under section 5 of this act. A qualified program may be either a retailer program or a multiparty program.
     (12) "Rechargeable battery steward" means every small rechargeable battery manufacturer or marketer and portable rechargeable product manufacturer or marketer.
     (13) "Retailer" means every person who sells or offers to sell small rechargeable batteries, or portable rechargeable products, at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include any sale that is a wholesale transaction with a distributor or manufacturer.
     (14) "Retailer program" means a program operated by a single retailer or single franchisor on behalf of its franchisees that collects used small rechargeable batteries regardless of brand at all retail locations at which the retailer or franchisee sells small rechargeable batteries.
     (15) "Small rechargeable battery" means one or more voltaic or galvanic cells, electrically connected to produce electric energy and designed to be recharged and weighing less than eleven pounds, or an assembly of small rechargeable batteries in a container that has a single positive and negative connection (commonly known as a battery pack) that weighs less than eleven pounds, but does not include: (a) A battery that is not easily removable or is not intended or designed to be removed from the product, other than by the manufacturer; (b) a battery that contains electrolyte as a free liquid; or (c) a battery or battery pack that employs lead acid technology, unless the battery or battery pack: (i) Is sealed; (ii) contains no liquid electrolyte; and (iii) is intended by its manufacturer or marketer to power a hand-held device or to provide uninterrupted backup electrical power protection for stationary consumer products or stationary office equipment.
     (16) "Small rechargeable battery manufacturer or marketer" means every person that: (a) Manufactures or arranges for the manufacturing of small rechargeable batteries sold, offered for sale, or distributed in Washington under a brand name it owns or licenses; (b) packages or arranges for the packaging of small rechargeable batteries for sale, offering for sale, or distribution in Washington under a brand name it owns or licenses; (c) imports into the United States small rechargeable batteries that are sold, offered for sale, or distributed in Washington under a brand name it owns or licenses; or (d) is not a retailer and otherwise makes available to purchasers in Washington small rechargeable batteries, whether as stand-alone items or otherwise.

NEW SECTION.  Sec. 3   (1) Except as provided in subsection (2) of this section, by July 1, 2014, any rechargeable battery steward who has a reasonable basis to know that any of the small rechargeable batteries or portable rechargeable products it manufactures or markets are being sold or offered for sale in Washington by retailers who do not operate or participate in a qualified retailer program under section 5 of this act shall either:
     (a) Operate or participate in a qualified multiparty program or retailer program described in section 5 of this act; or
     (b) Participate in a qualified multiparty program operated by another person as described in section 7 of this act.
     (2) This section does not apply to any person, including a telecommunications provider, who markets equipment under a brand it owns that uses small rechargeable batteries that were manufactured by a participant in a qualified used small rechargeable battery stewardship program.

NEW SECTION.  Sec. 4   Any person offering used small rechargeable battery recycling services in Washington shall: (1) Comply with all legal and regulatory requirements applicable to the collection, storage, and transportation of such batteries; and (2) ship all used small rechargeable batteries it collects to lawfully permitted facilities that reuse the batteries as rechargeable power sources, arrange for the reuse of the batteries as rechargeable power sources, or reclaim constituents of the batteries for reuse.

NEW SECTION.  Sec. 5   (1)(a) Any person who seeks to have either a retailer program or a multiparty program approved as a qualified program must submit to the department a plan for that program that meets the requirements of subsections (4) and (5) of this section. The plan must be submitted to the department at least ninety days prior to the date the person intends to begin operating the program as a qualified program. A plan submitted for a retailer program must be accompanied by a fee of ten thousand dollars. A plan submitted for a multiparty program must be accompanied by a fee of twenty thousand dollars. The department must deposit fees collected under this section into the used battery stewardship account created in section 11 of this act.
     (b) The operator of a qualified multiparty program or retailer program must pay to the used battery stewardship account established under section 11 of this act an annual fee, as prescribed in this subsection (1)(b), to cover only the department's costs of administering and enforcing the requirements established by this chapter.
     (i) The administrative fee for each twelve-month period beginning July 1, 2015, may not exceed fifteen thousand dollars for each qualified program. The department shall determine the fee by April 1, 2015, and each April 1st thereafter, and notify qualified program operators. The qualified program operator or operators shall remit payment by June 30, 2015, and each June 30th thereafter.
     (ii) Any portion of the fee collected that goes unspent must be retained in the used battery stewardship account created in section 11 of this act and applied to reduce future payments by qualified programs, proportionally to each program.
     (iii) The department must show an accounting for how collected fees are spent.
     (2) The department must acknowledge its receipt of any plan to operate a qualified program within fourteen days of receipt.
     (3)(a) If the submitted plan includes all of the elements specified in subsections (4) and (5) of this section, the plan must be deemed approved unless the department notifies the person submitting the plan within ninety days of receiving the plan that the plan is incomplete and specifies the elements that are incomplete.
     (b) If the submitter files a supplemental or revised plan to address the elements identified by the department in (a) of this subsection, the plan must be deemed approved unless the department notifies the person submitting the plan within ninety days of receiving the supplemental or revised plan that the supplemental or revised plan is incomplete and specifies the elements that are incomplete, in which case the plan is deemed denied.
     (4) A retailer program plan or multiparty program plan submitted to the department must contain the following:
     (a) The name, address, and contact information for the operator of the qualified program;
     (b) A description of the qualified program that includes the identification of all sorting and reclamation facilities to be used through final disposition for sorting and reclamation of all used small rechargeable batteries collected;
     (c) A certification that:
     (i) All used small rechargeable batteries collected by the plan will be handled by the person submitting the plan in compliance with all applicable laws and rules, and that any used small rechargeable batteries shipped for reclamation by the plan submitter will be shipped only to lawfully permitted facilities;
     (ii) All contracts with service providers entered into by the submitting person do or will upon their effective date require compliance with all applicable laws and rules;
     (iii) Any used small rechargeable batteries shipped for reclamation by the service provider will be shipped only to lawfully permitted facilities;
     (iv) All return acceptance, recycling, and other handling services, including postcollection transportation, described in the plan will be provided free of charge to consumers; and
     (v) If the plan is approved by the department in accordance with subsection (3) of this section, the plan will be implemented in accordance with the approved plan until such time as the approved plan is amended pursuant to subsections (8) and (9) of this section or terminated pursuant to subsection (10) of this section;
     (d) Identification of the locations that will be served by the program where Washington residents may take used small rechargeable batteries, and what restrictions, if any, will be imposed on the number of used small rechargeable batteries that may be returned;
     (e) A description of the process and timeline under which the operator of the qualified program has undertaken the following actions:
     (i) Solicited public comment on its draft plan, including facilitating workshops and accepting verbal and written testimony; and
     (ii) Compiled and reviewed all public comments submitted on the draft plan and made appropriate revisions to the plan before finalizing the plan; and
     (f) The mechanisms by which the program will handle inquiries from consumers.
     (5) In addition to meeting the requirements of subsection (4) of this section, a multiparty program plan submitted to the department must also contain the following:
     (a) Identification of rechargeable battery stewards that are currently participating, or plan to participate, in the program, and the means by which the program operator will track their participation;
     (b) Retailer collection of used small rechargeable batteries at multiple locations;
     (c) Collection of used small rechargeable batteries from governmental collection facilities;
     (d) The provision of at least one used small rechargeable battery collection site in each county of the state and in each city or town with a population greater than ten thousand, which may be the same as the location in a county; and
     (e) Education and outreach activities to maximize collections, including the offering of signage to retailers indicating the retailer's support of the program.
     (6) Upon approval pursuant to subsection (3) of this section, the submitter of the qualified program plan must post on the internet:
     (a) Its program plan;
     (b) A rechargeable battery collection site locator to assist consumers in finding the nearest collection site;
     (c) For a multiparty program, a list of the rechargeable battery stewards that are currently participating in the program; and
     (d) Contact information for the program, indicating how small rechargeable battery manufacturers and marketers, portable rechargeable product manufacturers or marketers, and consumers may seek technical assistance from the program.
     (7) By April 1st of the year following approval of a qualified program plan, and each year thereafter until the program is terminated, the operator of a qualified multiparty or retailer program must make available on the internet and provide to the department a report identifying:
     (a) The program's funding and recycling success, including any increase in total batteries collected each year, the cost of the program per pound of batteries collected, and the cost of the program per Washington resident;
     (b) The program's collections by county and battery chemistry;
     (c) The program's educational and outreach activities;
     (d) The rechargeable battery stewards that participate in the program;
     (e) The mechanisms employed and the entities involved in the final disposition of collected materials;
     (f) A description of the methods used to collect, transport, and account for all used small rechargeable batteries collected, including identification of all sorting and reclamation facilities used; and
     (g) The program's independently audited financial statement, including a breakdown of program expenses such as collection, recycling, education, and overhead. If a qualified program operating in Washington is part of a program that also operates in jurisdictions outside of Washington, funding information and audited financial statements need not be reported on a Washington-specific basis, but average program-wide costs of collection and overhead must be clearly stated.
     (8) A qualified program plan may be amended by submitting to the department a revised version of the qualified program plan showing proposed amendments and an administrative fee in the amounts set forth in subsection (1)(a) of this section. Within sixty days of receipt, the department shall approve the amended program plan if the amended program plan continues to address all of the requirements of subsection (4) of this section and, if it is a multiparty program plan, subsection (5) of this section, or shall inform the submitter of any specific deficiencies and allow a reasonable period of time for submission of revised amendments. Unless the department notifies the submitter within sixty days of the submission of the revised amended plan that the revised amended plan fails to meet the applicable requirements of subsection (4) or (5) of this section, then the revised amended plan is deemed to be a qualified program plan. If at either the submission or resubmission stage the department informs the submitter of deficiencies, the unamended, previously approved, qualified plan remains in effect until a revised plan is approved by the department, unless the qualified plan is terminated by its operator.
     (9) A program plan amendment must be submitted to the department only if there is an addition to the products covered under the qualified program or there is a significant change in the operation of the program. Nothing in this chapter may be construed to require the amendment of a plan in the event of minor changes in the composition of program participants or collection sites. In the event of the submission of an amended plan, the department's review obligations as to revised portions of the plan are the same as those set forth in subsections (4) and (5) of this section.
     (10) A qualified program may be terminated by its operator at any time after the operator gives six months' notice to the department and to program participants of the proposed termination date.

NEW SECTION.  Sec. 6   (1) Nothing in this chapter prohibits a governmental entity from recovering payment from a qualified program for used small rechargeable batteries that have been collected by or on behalf of that governmental entity and accepted by the qualified program.
     (2) Nothing in this chapter requires any qualified program operator to pay any governmental entity for costs incurred by the governmental entity in association with the collection of used small rechargeable batteries.

NEW SECTION.  Sec. 7   Any person that operates a qualified program in Washington for the stewardship of multiple brands of used nonrechargeable batteries shall provide to all rechargeable battery stewards subject to this chapter the opportunity to participate in that person's program and shall comply with the requirements of a multiparty program plan under section 5 (1) and (5) of this act. Such a person may impose on the rechargeable battery steward fees no greater than the share of the total cost of the program of collecting, handling, and processing small rechargeable batteries that is equal to a reasonable estimate of the percentage that represents the share of sales of small rechargeable batteries sold in Washington for which the rechargeable battery steward would be responsible under section 3 of this act, compared to the total number of small rechargeable batteries sold in Washington as either individual units or in portable rechargeable products. Any rechargeable battery steward who participates in such a qualified program is deemed to be in compliance with this chapter.

NEW SECTION.  Sec. 8   (1)(a) Beginning July 1, 2014, no retailer may sell or offer for sale in Washington:
     (i) A small rechargeable battery or product containing or packed with a small rechargeable battery unless the battery is marked with an identification of the small rechargeable battery manufacturer or marketer; or
     (ii) A small rechargeable battery or portable rechargeable product if the retailer has received written notice from the department or from the operator of a qualified program that the manufacturer or marketer of the battery or product does not comply with this chapter.
     (b) This subsection does not apply to donated, used items sold in a retail store operated by a charity recognized as an entity that is exempt from taxation under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code of 1986, as amended, as of the effective date of this section.
     (2) Retailers that sell or offer to sell small rechargeable batteries or portable rechargeable products to consumers in Washington, whether through places of business or through nonretail outlets such as catalogs, by mail, telephone, or the internet, and who are cooperating in a qualified program shall inform consumers of program-provided opportunities to return used small rechargeable batteries for recycling in Washington. Retailers that sell or offer to sell rechargeable batteries or portable rechargeable products to consumers in Washington, whether through places of business or through nonretail outlets such as catalogs, by mail, telephone, or the internet, and who do not cooperate in a qualified program should encourage consumers to recycle used small rechargeable batteries.
     (3) Any retailer that has a physical presence in Washington and is operating, participating in, or cooperating with a qualified program shall ensure that all used batteries placed in any collection container located at the retailer's facility are protected from short circuiting in accordance with the applicable law, and shall take reasonable steps to prevent the placement into any such container of materials other than properly protected used small rechargeable batteries.
     (4) A retailer may not require the operator of a qualified program to pay the retailer for the costs associated with cooperating with that program.
     (5) An operator of a qualified program may not require a retailer to pay a fee to cooperate with that operator's program.
     (6) Any person who supplies to a retailer for sale a new small rechargeable battery or new portable rechargeable product whose manufacturer or marketer is not in compliance with section 3 of this act shall, upon request by the retailer, designate a location to which the retailer may ship the battery or product for further handling, reimburse the retailer for all costs incurred by the retailer in shipping the battery or product to the designated location, and reimburse the retailer for the amount the retailer paid for the product.

NEW SECTION.  Sec. 9   All activities undertaken by any qualified program or a participant in such a program to establish and operate the program, to coordinate that program with a program to collect used electronic waste, or to coordinate with or participate in a program described in section 7 of this act shall not be considered in violation of any provision of chapter 19.86 RCW, the consumer protection act.

NEW SECTION.  Sec. 10   (1) This section establishes the mechanisms available to the department to enforce this chapter. For the purposes of this chapter, nothing authorizes or requires, except as provided in subsection (2) of this section, the department to inspect any location at which used small rechargeable batteries are being collected, stored, sorted, processed, or reclaimed, or to take any other action not expressly described in this section.
     (2) If the department learns from a qualified program operator, including retailer programs, that a person subject to a requirement under section 3, 4, 7, or 8 of this act has failed to comply with this chapter or failed to comply with a certification made pursuant to section 5(4)(c) of this act, the department may inspect the location of the suspected failure to comply, and shall notify the person of the potential violation. Unless the person comes into compliance within ninety days of receipt of such a notification, demonstrates to the satisfaction of the department that it is not subject to section 3, 4, 7, or 8 of this act, or requests a hearing on its compliance to be conducted in conformance with the administrative procedure act, chapter 34.05 RCW, the department shall include the person's name and other identifying information, including, but not limited to, all brand names used by the person, on a list that is made available to the public through the internet of entities whose small rechargeable battery or portable rechargeable product may not be sold in Washington.
     (3)(a) The department may issue civil penalties in the amount of up to five thousand dollars for the first violation, up to ten thousand dollars for the second violation, and up to fifty thousand dollars for the third and each subsequent violation, to any person who violates section 3, 4, 5, or 7 of this act, or who holds himself or herself out as operating a qualified program when such a program has not been approved by the department.
     (b) The department may issue civil penalties in the amount of up to one thousand dollars to any person who violates section 8 of this act.
     (c) For purposes of this chapter, multiple consecutive days of the same failure to comply with a requirement of this chapter are considered a single violation.
     (4) At least ninety days prior to seeking to assess any penalty authorized by subsection (3) of this section, the department shall notify the alleged violator of the department's intention to seek a penalty. No penalty is recoverable under subsection (3) of this section if, within the ninety days of receipt of such a notice, the recipient has come into compliance with this chapter. Any person that incurs a penalty under this chapter may appeal the penalty by written petition to the pollution control hearings board in accordance with chapter 34.05 RCW, the administrative procedure act.

NEW SECTION.  Sec. 11   The used battery stewardship account is created in the custody of the state treasurer. All receipts from payments made under section 5 (1) and (8) of this act and penalties levied under this chapter must be deposited into the account. Expenditures from the account may be used solely by the department for the purposes of fulfilling department responsibilities specified in this chapter. Only the director of the department or the director's designee may authorize expenditures from the account. Funds in the account may not be diverted for any purpose or activity other than those specified in this section. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 12   (1) The operator of a qualified used small rechargeable battery stewardship program that incurs costs in excess of five thousand dollars in collecting, handling, recycling, or properly disposing in Washington of nonenrolled batteries may bring a civil action or actions to recover costs, damages, and fees as specified in subsection (2) of this section if the nonenrolled batteries originated from a small rechargeable battery manufacturer or marketer or portable rechargeable product manufacturer or marketer who:
     (a) Was required by section 3 of this act to operate or participate in a qualified program, did not at the time the used battery was collected participate in a qualified program, and was not covered by the participation by another manufacturer in a qualified program; and
     (b) Can reasonably be identified from a brand or marking on a used small rechargeable battery or from other information.
     (2) An action under subsection (1) of this section may be brought against one or more small rechargeable battery manufacturers or marketers or portable rechargeable product manufacturers or marketers. In any such action, the plaintiff operator of a qualified program may recover from a defendant small rechargeable battery manufacturer or marketer or portable rechargeable product manufacturer or marketer the costs the plaintiff incurred in collecting, handling, recycling, or properly disposing of nonenrolled batteries reasonably identified as having originated from the defendant small rechargeable battery manufacturer or marketer or portable rechargeable product manufacturer or marketer, plus an amount of damages equal to no more than three times those costs, plus the plaintiff's attorneys' fees and costs of litigation.
     (3) An action to recover the costs specified in this section may be brought in any superior or district court in the state.

Sec. 13   RCW 43.21B.110 and 2010 c 210 s 7 and 2010 c 84 s 2 are each reenacted and amended to read as follows:
     (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 70.94 RCW, local health departments, the department of natural resources, the department of fish and wildlife, and the parks and recreation commission:
     (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, section 10 of this act, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
     (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.
     (c) A final decision by the department or director made under chapter 183, Laws of 2009.
     (d) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.
     (e) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
     (f) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
     (g) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.
     (h) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.
     (i) 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.
     (j) 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).
     (k) Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.
     (l) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW.
     (m) Decisions of the department of natural resources that are reviewable under RCW 78.44.270.
     (n) Decisions of a state agency that is 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 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.
     (((e) Appeals of decisions by the department as provided in chapter 43.21L RCW.))
     (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.

Sec. 14   RCW 43.21B.110 and 2010 c 210 s 8 and 2010 c 84 s 3 are each reenacted and amended to read as follows:
     (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 70.94 RCW, local health departments, the department of natural resources, the department of fish and wildlife, and the parks and recreation commission:
     (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, section 10 of this act, 76.09.170, 77.55.291, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
     (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.
     (c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70.95.300.
     (d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
     (e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
     (f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70.95.205.
     (g) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; 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 a state agency that is 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 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.
     (((e) Appeals of decisions by the department as provided in chapter 43.21L RCW.))
     (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. 15   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 both used nonrechargeable batteries and used small rechargeable batteries.

NEW SECTION.  Sec. 16   This chapter may be known and cited as the Washington small rechargeable battery stewardship act.

NEW SECTION.  Sec. 17   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. 18   Sections 1 through 12, 15 through 17, and 19 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION.  Sec. 19   Nothing in this chapter alters or limits the authority of the utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter alter or limit the authority of a city or town to provide such services itself or by contract under RCW 81.77.020.

NEW SECTION.  Sec. 20   Section 13 of this act expires June 30, 2019.

NEW SECTION.  Sec. 21   Section 14 of this act takes effect June 30, 2019.