BILL REQ. #:  H-0718.2 

Read first time 01/31/13.   Referred to Committee on Environment.

     AN ACT Relating to paint stewardship; amending RCW 42.56.270; 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 that:
     (1) Leftover architectural paints 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 and aerosol containers may rupture, releasing fumes hazardous to workers and the remaining liquids contribute to leachate problems in landfills. Many local governments 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 more convenient options for disposal of architectural paint. Drying latex for disposal is difficult for many residents and wastes 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 and these costs decrease the available funds to address other hazardous and hard to handle materials.
     (2) An estimated average of ten percent of architectural paint purchased becomes leftover paint nationally. Current 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, resulting in significant missed opportunities to reduce, reuse, and recycle paint.
     (3) It is in the best interest of Washington for paint manufacturers to assume responsibility for development and implementation of a cost-effective paint stewardship program that will: Develop and implement strategies to reduce the generation of leftover paint; promote the reuse of leftover paint; and collect, transport, and process leftover paint for end-of-life management, including reuse, recycling, energy recovery, and disposal. A paint stewardship program will follow the paint waste management hierarchy for managing and reducing leftover paint in the order as follows: Reduce consumer generation of leftover paint; reuse; recycle; and provide for energy recovery and disposal. Requiring paint manufacturers to assume responsibility for the collection, recycling, reuse, transportation, and disposal of leftover paint will provide more opportunities for consumers to properly manage their leftover paint, provide fiscal relief for local government in managing leftover paint, keep paint out of the waste stream, and conserve natural resources.
     (4) This chapter creates an architectural paint recovery program to be enforced by the department.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Architectural paint" or "paint" means interior and exterior architectural coatings, sold in a container of five gallons or less. "Architectural paint" or "paint" does not mean industrial, original equipment, or specialty coatings.
     (2) "Architectural paint stewardship assessment" or "assessment" means the amount determined by a stewardship organization that must be added to the purchase price of architectural paint sold in this state to cover a stewardship organization's costs of administration, education and outreach, collecting, transporting, and processing of the leftover architectural paint managed through a statewide architectural paint stewardship program.
     (3) "Conditionally exempt small quantity generator" means a dangerous waste generator whose dangerous wastes are not subject to regulation under chapter 70.105 RCW, hazardous waste management, solely because the waste is generated or accumulated in quantities below the threshold for regulation and meets the conditions prescribed in WAC 173-303-070(8)(b), as it existed on the effective date of this section.
     (4) "Conditionally exempt small quantity generator waste" means dangerous waste generated by a conditionally exempt small quantity generator.
     (5) "Consumer" means any household, nonprofit, small business, or other entity whose leftover paint is eligible under applicable laws and regulations.
     (6) "Covered entity" means any household or conditionally exempt small quantity generator of oil based and latex architectural paint. "Covered entity" also includes any regulated generator of latex architectural paint only.
     (7) "Department" means the department of ecology.
     (8) "Distributor" means a person that has a contractual relationship with one or more manufacturers to market and sell architectural paint to retailers in Washington.
     (9) "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.
     (10) "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 degrees Fahrenheit) processing.
     (11) "Environmentally sound management practices" means policies and procedures to be implemented by a stewardship organization to ensure compliance with all applicable laws and rules to protect workers, public health, and the environment, and also addresses such issues as safe and environmentally sound management of architectural paint from collection through final disposition, adequate recordkeeping, tracking and documenting the fate of materials within the state and beyond, and adequate environmental liability coverage for professional services and for the operations of the contractors working on behalf of a stewardship organization.
     (12) "Final disposition" means the point beyond which no further processing takes place and the paint has been transformed for direct use as a feedstock in producing new products or is disposed of, including for energy recovery, in permitted facilities.
     (13) "Household hazardous waste" means waste that exhibits any of the properties of dangerous waste that is exempt from regulation under chapter 70.105 RCW, hazardous waste management, solely because the waste is generated by households. Household hazardous waste may also include other solid waste identified in the local hazardous waste management plan prepared pursuant to chapter 70.105 RCW.
     (14) "Leftover paint" means architectural paint not used and no longer wanted by a consumer.
     (15) "Moderate risk waste" means solid waste that is limited to conditionally exempt small quantity generator waste and household hazardous waste as defined in this chapter.
     (16) "Paint retailer" means any person that offers architectural paint for sale at retail in Washington.
     (17) "Person" means any individual, business, manufacturer, transporter, collector, processor, retailer, charity, nonprofit organization, or government agency.
     (18) "Population center" means urbanized areas or urban clusters as defined by the United States census bureau to identify areas of high population density and urban land use with populations of two thousand five hundred or greater.
     (19) "Producer" means a manufacturer of architectural paint that is sold, offered for sale, or distributed in Washington under the producer's own name or other brand name.
     (20) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal, energy recovery, or incineration. Recycling does not include collection, compacting, repackaging, and sorting for the purpose of transport.
     (21) "Reuse" means any operation by which an architectural paint product changes ownership and is used for the same purpose for which it was originally purchased.
     (22) "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.
     (23) "Stewardship organization" means a nonprofit organization created by a producer or group of producers to implement a paint stewardship program required under this chapter.

NEW SECTION.  Sec. 3   (1) All producers of architectural paint selling in or into the state of Washington shall participate in an approved Washington state paint stewardship plan for covered entities through membership in and appropriate funding of a stewardship organization.
     (2) Producers not participating in a stewardship organization may not sell architectural paint in or into Washington state.
     (3) Paint retailers are prohibited from selling architectural paint manufactured or distributed by a producer not in compliance with this chapter.

NEW SECTION.  Sec. 4   (1) A stewardship organization representing producers shall submit a plan for the implementation of a paint stewardship program to the department for approval by January 1, 2015. The plan must address the following:
     (a) Describe how the program proposed under the plan will collect, transport, recycle, and process leftover paint from covered entities for end-of-life management, including reuse, recycling, energy recovery, and disposal, using environmentally sound management practices.
     (b) Provide stewardship organization contact information and a list of participating brands and producers under the program.
     (c) Demonstrate sufficient funding for the architectural paint stewardship program as described in the plan. The plan must include a funding mechanism whereby each architectural paint producer remits to the stewardship organization payment of an architectural paint stewardship assessment for each container of architectural paint the producer sells in this state. The plan must include a proposed budget and a description of the process used to determine the architectural paint stewardship assessment. The architectural paint stewardship assessment must be added to the cost of all architectural paint sold to Washington paint retailers and distributors, and each Washington paint retailer or distributor shall add the assessment to the purchase price of all architectural paint sold in this state. No fee may be charged at the time of collection.
     (d) To ensure that the funding mechanism is equitable and sustainable, a uniform architectural paint stewardship assessment must be established for all architectural paint sold in this state. The architectural paint stewardship assessment must be sufficient to recover, but not exceed, the costs of the architectural paint stewardship program. The plan must require any surplus funds generated from the funding mechanism be put back into the program to either increase and improve program services or reduce the cost of the program and the architectural paint stewardship assessment, or both.
     (e) The proposed architectural paint stewardship assessment must be reviewed by an independent auditor to ensure that such an assessment is consistent with the budget of the paint stewardship program and the independent auditor shall recommend an amount for the architectural paint stewardship assessment to the department. The department is responsible for the approval of the architectural paint stewardship assessment based on the information provided in the plan and in the auditor's report.
     (f) Establish goals as practical to reduce the generation of leftover paint, to promote the reuse and recycling of leftover paint, for the overall collection of leftover paint, and for the proper end-of-life management of leftover paint. The goal for overall collection of leftover paint must be based on current or historical household hazardous waste program information from Washington state. The goals may be revised by a stewardship organization based on the information collected annually.
     (g) Describe the reasonably convenient and available statewide collection system required under section 5 of this act.
     (h) Describe the criteria to be used for selecting collection locations when there are multiple paint retail stores that want to serve as collection sites in the same geographic area.
     (i) Describe how leftover paint will be managed using environmentally sound management practices in an economically sound manner, including following the paint waste management hierarchy of: Source reduction; reuse; recycling; energy recovery; and disposal.
     (j) Describe the process for managing architectural paint containers collected under the program, with an emphasis on recycling containers, where practical.
     (k) Describe education and outreach efforts to promote the paint stewardship program. The education and outreach efforts must include effective strategies for reaching all sectors of the population and describe how the paint stewardship program will evaluate the effectiveness of its education and outreach.
     (l) Collection site procedural manuals for architectural paint products, including training procedures and electronic copies of materials that will be provided to collection sites to ensure the use of environmentally sound management practices when handling leftover architectural paint.
     (m) A list of processors that will be used to manage leftover paint collected by the stewardship organization and a list of potential processors to be used for final disposition.
     (2) A stewardship organization shall promote a paint stewardship program and provide consumers, covered entities, and retailers with educational and informational materials describing collection opportunities for leftover paint statewide, the architectural paint stewardship assessment used to finance the program, and promotion of waste prevention, reuse, and recycling. These materials may include, but are not limited to, the following:
     (a) Signage that is prominently displayed and easily visible to the consumer;
     (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; and
     (c) Advertising or other promotional materials, or both, that include references to the architectural paint stewardship program.
     (3) Plans must be updated as needed when there are changes to the current program. A new plan or amendment is required to be submitted to the department for approval when:
     (a) There is a change to the amount of the assessment;
     (b) There is an addition to the products covered under the program; or
     (c) There is a revision of the product stewardship organization's goals.

NEW SECTION.  Sec. 5   (1) A stewardship organization's program plan required in section 4 of this act must also describe how the program will provide for reasonably convenient and available statewide collection of leftover paint from covered entities in urban and rural areas of the state, including island communities.
     (2) To ensure adequate collection coverage, the plan must use geographic information modeling to determine the number and distribution of collection sites based on the following criteria: At least ninety percent of Washington residents must have a permanent collection site within a fifteen mile radius; and one additional permanent site must be established for every thirty thousand residents of a population center distributed to provide convenient and reasonably equitable access for residents within each population center, unless otherwise approved by the department. For the portion of the population that does not have a permanent collection location within a fifteen mile radius, the plan must provide collection events no less than once a year. Special consideration is to be made for providing opportunities to island and geographically isolated populations.
     (3) The program must utilize the existing government-owned moderate-risk waste infrastructure when selecting collection sites where cost effective, reasonably feasible, and mutually agreeable.
     (4) The program must utilize existing paint retail stores as collection sites where cost effective, reasonably feasible, and mutually agreeable.
     (5) The plan must provide the collection site name and location of each site statewide in Washington accepting architectural paint under the program. The collection coverage in subsection (2) of this section must be met within the first year of the program, with the goal of having collection sites operational as close to the start date as possible.

NEW SECTION.  Sec. 6   (1) Each stewardship organization shall submit a paint stewardship program plan in accordance with section 4 of this act.
     (2) Each stewardship organization shall develop and distribute a collection site procedural manual to collection sites to ensure proper management of architectural paints at collection locations.
     (3) A stewardship organization shall implement the paint stewardship plan by July 1, 2015, or three months after approval of a paint stewardship program plan under section 4 of this act, whichever comes later.
     (4) A stewardship organization shall submit an annual report by October 15th following the first year or partial year of operations and every year thereafter, structured to be used as a basis for annual plan review by the department. The report must be based on the requirements outlined in section 9 of this act.
     (5) A stewardship organization shall work with producers, distributors, and retailers to provide consumers with educational and informational materials describing collection opportunities for leftover paint statewide and promotion of waste prevention, reuse, and recycling of leftover paint.
     (6) A stewardship organization shall pay an annual administrative fee, described in section 7 of this act, in an amount sufficient to cover only the department's cost of administering and enforcing a paint stewardship program established under this chapter.

NEW SECTION.  Sec. 7   (1) The department shall review the plan within one hundred twenty days of receipt, and make a determination whether or not to approve the plan. The department shall provide a letter of approval for the plan if it provides for the establishment of a stewardship program that meets the requirements of sections 4 and 5 of this act. If a plan is rejected, the department shall provide the reasons for rejecting the plan to the stewardship organization. The stewardship organization must submit a new plan within sixty days after receipt of the letter of disapproval.
     (2) When a plan or an amendment to an approved plan is submitted under this section, the department shall make the proposed plan or amendment available for public review and comment for at least thirty days.
     (3) The department shall actively supervise the conduct of a stewardship organization in determination and implementation of the architectural paint stewardship assessment specified in section 4(1) of this act.
     (4) Beginning April 1, 2014, and annually thereafter, the department shall determine the department's costs required to be paid by each stewardship organization sufficient to cover only the department's costs of administering and enforcing paint stewardship programs under this chapter. The total amount of yearly reimbursement must not exceed the amount necessary to recover costs incurred by the department in connection with the administration, oversight, and enforcement of the requirements of this chapter. Any unspent money from the previous twelve-month period must be retained in the paint product stewardship account created in section 11 of this act and applied to reduce the payments by stewardship organizations in the following year.
     (a) The department shall estimate the annual fee for the period of July 1st through June 30th and notify each stewardship organization by April 1st of the prior fiscal year. If there is more than one stewardship organization implementing a paint stewardship program in Washington, the fee will be divided equally between programs. The department shall make the proposed annual fee, along with an accounting of the costs, available for public review and comment for at least thirty days.
     (b) The department shall collect annual fees from each stewardship organization by June 30, 2015, and annually thereafter.
     (5) The department shall enforce this chapter.
     (a) A civil penalty may be administratively imposed by the department on any person who violates this chapter in an amount of up to one thousand dollars per violation per day.
     (b) A person who intentionally, knowingly, or negligently violates this chapter may be assessed a civil penalty by the department of up to ten thousand dollars per violation per day.
     (c) Any person who incurs a penalty may appeal the penalty prescribed under this section to the pollution control hearings board created under chapter 43.21B RCW.
     (6) By July 1, 2015, or upon the date the first plan is approved, whichever date is earlier, the department shall post on its web site a list of producers and their brands for which the department has approved a plan pursuant to section 4 of this act. The department shall update the list of producers and brands participating under an approved program plan no less than once every six months based on information provided to the department from a stewardship organization.
     (7) A producer that is not listed on the department's web site pursuant to this section, but demonstrates to the satisfaction of the department that it is in compliance with this chapter, must be added to the web site within fourteen days.
     (8) The department shall review each annual report required pursuant to section 9 of this act within ninety days of its submission to ensure compliance with section 9(1) of this act.
     (9) The department may request additional information from the stewardship organization outside the annual reporting requirements in section 9 of this act.
     (10) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.

NEW SECTION.  Sec. 8   (1) A producer or paint retailer may not sell or offer for sale to any person in the state architectural paint unless the producer or brand of architectural paint is participating in an approved stewardship plan under this chapter. A retailer complies with the requirements of this section if, on the date the architectural paint was ordered from the producer or its agent, the producer of the paint was listed on the department's web site as a producer implementing an approved paint stewardship program plan. However, a retailer may sell any paint purchased prior to the effective date of this section.
     (2) A paint wholesaler or a paint retailer that distributes or sells architectural paint shall monitor the department's web site to determine if the sale of a producer's architectural paint is in compliance with this chapter.
     (3) At the time of sale to a consumer, a producer, a stewardship organization, or a paint retailer selling or offering architectural paint for sale in Washington shall provide the consumer with information regarding available end-of-life management options for architectural paint collected through a paint stewardship program or a brand of paint being sold under the program.
     (4) A paint retailer that collects leftover architectural paint must follow the collection site procedure manual developed by a stewardship organization to ensure the use of environmentally sound management practices when handling architectural paints at collection locations.
     (5) Neither a retailer of architectural paint, nor any other retailer, is required to serve as a leftover paint collection facility.

NEW SECTION.  Sec. 9   (1) By October 15, 2016, and annually thereafter, a stewardship organization shall submit to the department a report describing the stewardship program that the stewardship organization implemented during the previous fiscal year. The report must include all of the following:
     (a) A description of the methods the stewardship organization used to reduce, reuse, collect, transport, recycle, and process leftover paint statewide in Washington;
     (b) The volume of latex and oil-based architectural paint collected by the stewardship organization in the preceding fiscal year in Washington;
     (c) The total volume of leftover paint, by collection site, collected by the stewardship organization in Washington;
     (d) The volume of latex and oil-based architectural paint collected by method of disposition, including reuse, recycling, energy recovery, and disposal;
     (e) A list of all processors through to final disposition that are used to manage leftover paint collected by the stewardship organization in the preceding year and the volumes each processor accepted and under what disposition method;
     (f) A list of all the producers participating in the plan;
     (g) The total volume of architectural paint sold in Washington during the preceding year based on the collected architectural paint stewardship assessment by the stewardship organization;
     (h) An independent financial audit of the paint stewardship program implemented by the stewardship organization;
     (i) The total cost of implementing the paint stewardship program broken out by administrative, collection, transportation and disposition, and communications costs;
     (j) An evaluation of the effectiveness of the paint stewardship program from year to year, and anticipated steps, if needed, to improve performance throughout the state; 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 paint during the first year of the program and any changes to those materials in subsequent years.
     (2) All reports submitted to the department must be available to the general public through the internet. Proprietary information submitted to the department under this chapter is exempt from public disclosure under RCW 42.56.270. The department may use and disclose such information in summary or aggregated form that does not directly or indirectly identify financial, production, or sales data of an individual producer or stewardship organization.

NEW SECTION.  Sec. 10   Producers or stewardship organizations acting on behalf of producers that prepare, submit, and implement a paint stewardship plan pursuant to section 4 of this act and thereby are subject to regulation by the department are granted immunity from state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce, for the limited purpose of planning and reporting on a paint stewardship program and proposing and establishing the architectural paint stewardship assessment required in section 4(1)(c) and (d) of this act.

NEW SECTION.  Sec. 11   The paint product stewardship account is created in the state treasury. All receipts received by the department from stewardship organizations must be deposited in the account. Moneys 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 stewardship programs.

NEW SECTION.  Sec. 12   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 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 paint in the United States.

NEW SECTION.  Sec. 13   Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide the service itself or by contract under RCW 81.77.020.

Sec. 14   RCW 42.56.270 and 2011 1st sp.s. c 14 s 15 are each 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 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 or (b) highway construction or improvement as required by RCW 47.28.070;
     (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, and 43.168 RCW, 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), liquor license, gambling license, or lottery retail license;
     (b) Internal control documents, independent auditors' reports and financial statements, and supporting documents: (i) Of house-banked social card game licensees required by the gambling commission pursuant to rules adopted under chapter 9.46 RCW; or (ii) submitted by tribes with an approved tribal/state compact for class III gaming;
     (11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) 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 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); and
     (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;
     (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 sixty 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 70.95N RCW to implement chapter 70.95N 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 chapter 43.350 RCW, to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information;
     (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; ((and))
     (21) Financial, commercial, operations, and technical and research information and data submitted to or obtained by innovate Washington in applications for, or delivery of, grants and loans under chapter 43.333 RCW, to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information; and
     (22) Proprietary information submitted to the department of ecology under chapter 70.-- RCW (the new chapter created in section 19 of this act).

Sec. 15   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, 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.
     (o) Appeals from penalties imposed by the department of ecology under chapter 70.-- RCW (the new chapter created in section 19 of this act).
     (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. 16   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, 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.
     (n) Appeals from penalties imposed by the department of ecology under chapter 70.-- RCW (the new chapter created in section 19 of this act).
     (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. 17   Section 15 of this act expires June 30, 2019.

NEW SECTION.  Sec. 18   Section 16 of this act takes effect June 30, 2019.

NEW SECTION.  Sec. 19   Sections 1 through 13 of this act constitute a new chapter in Title 70 RCW.