AN ACT Relating to the use of chemical action plans for recommendations of safer chemicals; amending RCW 70.240.050; adding a new section to chapter 70.240 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 70.105 RCW; and making an appropriation.

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

NEW SECTION.  Sec. 1.  A new section is added to chapter 70.240 RCW to read as follows:

Beginning July 1, 2016, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state children's products or residential upholstered furniture, as defined in RCW 70.76.010, containing TDCPP (tris(1,3-dichloro-2-propyl)phosphate), chemical abstracts service number 13674-87-8, as of the effective date of this section, TCEP (tris(2-chloroethyl)phosphate), chemical abstracts service number 115-96-8, as of the effective date of this section, decabromodiphenyl ether, chemical abstracts service number 1163-19-5, as of the effective date of this section, or hexabromocyclododecane, chemical abstracts service number 25637-99-4, as of the effective date of this section, in amounts greater than one hundred parts per million in any product component.

Sec. 2.  RCW 70.240.050 and 2008 c 288 s 7 are each amended to read as follows:

(1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than ninety days prior to the effective date of the restrictions.

(2) A manufacturer that produces, sells, or distributes a product prohibited from manufacture, sale, or distribution in this state under this chapter shall recall the product and reimburse the retailer or any other purchaser for the product.

(3) A manufacturer of children's products in violation of this chapter is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.l05D.070.

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

NEW SECTION.  Sec. 3.  A new section is added to chapter 90.48 RCW to read as follows:

(1) Beginning January 1, 2016, the department must select two substances, as identified by the United States environmental protection agency in the clean water act, section 304(a)(1), water quality criteria for human health as applicable to Washington state, for development of a chemical action plan as specified under section 4 of this act.

(2) Every two years, the department, in consultation with the department of health, must complete and publish a chemical action plan for the substances selected as specified in subsection (1) of this section. In addition to the requirements for developing a chemical action plan under section 4 of this act, the department must:

(a) Seek technical expertise from the department of health on human health impacts including: Early childhood and fetal exposure, exposure reduction, and safer substitutes; and

(b) Provide recommendations to the legislature on policy options for reducing exposure, designating and developing safer substitutes, and restricting or prohibiting the use of the chemicals in consumer products.

NEW SECTION.  Sec. 4.  A new section is added to chapter 70.105 RCW to read as follows:

(1) The department may develop chemical action plans to identify, characterize, and evaluate uses and releases of chemicals, the levels of the chemical present in the Washington environment, and the levels of the chemical present in Washington residents.

(2) When developing a chemical action plan, the department must include the following types of information, evaluations, and recommendations:

(a) Chemical name, properties, uses, and manufacturers;

(b) An analysis of available information on the production, unintentional production, uses, and disposal of the chemical;

(c) Information on the potential impacts on human health and the environment associated with the use and release of the chemical;

(d) An evaluation of the regulatory and nonregulatory approaches that influence production, uses, releases, and management of the chemical;

(e) Recommendations for:

(i) Managing, reducing, and phasing out the different uses and releases of the chemical;

(ii) Minimizing exposure to the chemical;

(iii) Using safer substitutes; and

(iv) Encouraging the development of safer alternatives;

(f) Recommendations on an evaluation of the following factors:

(i) Environmental and human health benefits;

(ii) Economic and social impacts;

(iii) Feasibility;

(iv) Availability and effectiveness of safer substitutes for uses of the chemical; and

(v) Consistency with existing federal and state regulatory requirements.

(3)(a) The department must create an external advisory committee for each chemical action plan developed to provide stakeholder input, expertise, and additional information. All advisory committee meetings must be open to the public.

(b) The advisory committee membership must include, but not be limited to, representatives from: Large and small business sectors; community, environmental, and public health advocacy groups; local governments; affected and interested businesses; and public health agencies. State agencies and technical experts may be requested to participate.

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