AN ACT Relating to ensuring safe playgrounds and turf fields; amending RCW 70.95.521, 70.95.530, and 28A.335.300; adding a new section to chapter 28A.150 RCW; creating new sections; and providing an expiration date.

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

(2) The department of ecology must invite the participation of the following on the advisory group and may include additional participants:

(a) Administrators of school playground and playfields;

(b) Administrators of city, county, and private playgrounds and playfields;

(c) Representatives of athletic associations whose participating sports include playfield sports;

(d) Representatives of athlete associations and youth athlete parent associations;

(e) Representatives of preschools and day care facilities with outdoor playgrounds;

(f) State and local health departments, including a toxics expert from the state department of health;

(g) The office of the superintendent of public instruction and the department of early learning;

(h) Manufacturers and installers of playground and playfield surfaces;

(i) Nonprofit community health organizations; and

(j) Environmental toxicologists.

(3) The department of ecology must form the advisory group by September 1, 2016. The group shall select its chair from among the members of the group.

(4) The department of ecology shall provide the advisory group an opportunity to provide comments on the proposed design of the study required by section 2 of this act and to comment upon a draft of the study before it is finalized. The advisory group may choose to provide its comments upon the study to the legislative committees concurrently with the submittal of the study to the legislature.

(2) The study must include:

(a) A hazard analysis of repeated exposure to the chemicals that may be found in synthetic turf, such as 4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole, butylated hydroxanisole, cadmium, carbon black, chloethane, chromium, lead, manganese, matex, mercury, methyl ethyl ketone, methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon, phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc;

(b) An analysis that considers the varying exposure activities, environments, duration of play, ages of different populations who play on synthetic turf, and exposure pathways, including whether chemicals found in tires have negative impacts on human health when used in indoor and outdoor fields and parks with various weather exposures and potentially ingested by children or coming in contact with children's bodies;

(c) Biomonitoring or other exposure monitoring of children and adults exposed to synthetic turf in actual team competitive uses of playfields to assess their exposure to chemicals found in the synthetic turf, to the extent feasible, to determine potential health impacts on children and other age groups;

(d) An examination of the potential for fields and playgrounds containing synthetic turf to cause adverse health impacts including, but not limited to, non-Hodgkin lymphoma, testicular cancer, prostate cancer, sarcoma cancer, and leukemia. This examination must include people who have developed these health impacts and played on fields and playgrounds containing used tires including, but not limited to, soccer goalies;

(e) An examination of the health impacts associated with synthetic turf fields and playgrounds of varying age;

(f) An evaluation of the differences in the manufacturing of synthetic turf and different turf, field, and playground products, including those that do not use recycled tires, and how these differences may affect health impacts. The evaluation must include, but not be limited to, the types and age of tires used, the tire processing, the type of plasticizer, backing material, adhesives, and plastic blades of artificial grass used to make the final synthetic turf product;

(g) An evaluation of the differences, in terms of health impacts, between fields and playgrounds covered with synthetic turf and nonsynthetic turf including, but not limited to, fields made from coconut fibers, risk husks, cork, sand, and used shoes;

(h) A review of current research on the health impacts of synthetic turf done by authoritative bodies from around the country and the world;

(i) Research to fill any data gaps identified in existing state or national health hazard assessments or studies;

(j) An examination of the health impacts of exposures to many low-level volatile organic compounds and polycyclic aromatic hydrocarbons found in synthetic turf fields and playgrounds;

(k) An analysis that compares the temperatures on synthetic turf, nonwaste tire turf, and grass turf during the high-temperature periods of summer. This analysis must include a health impact analysis including, but not limited to, heat stress, heat illness, and other heat-related health issues.

(3) A representative sample of synthetic turf fields and playgrounds around the state must be analyzed for purposes of the study.

(a) The bid specification for the turf field or playground surface includes at least one option that does not use crumb rubber from waste tires.

(b) The public or private school or local government has obtained at least one estimate from a company that does not use crumb rubber from waste tires in its turf field and playground products.

(c) The public or private school or local governments has held a public meeting regarding the installation of synthetic turf with an opportunity for public comments.

(2) This section does not apply to:

(a) Any installation of a field or playground surface made from synthetic turf that commenced, or any contract for such an installation entered into, prior to April 1, 2016;

(b) Any maintenance that is needed on a synthetic turf field or playground in existence as of April 1, 2016.

(3) This section expires June 30, 2018.

Sec. 4.  RCW 70.95.521 and 2009 c 261 s 3 are each amended to read as follows:

The waste tire removal account is created in the state treasury. Expenditures from the account may be used for the cleanup of unauthorized waste tire piles, measures that prevent future accumulation of unauthorized waste tire piles, ((and)) road wear related maintenance on state and local public highways, conducting the study of crumb rubber in synthetic turf fields and playgrounds under section 2 of this act, and for grants to assist schools and playgrounds installing fields and playgrounds under section 3 of this act. ((During the 2007-2009 fiscal biennium, the legislature may transfer from the waste tire removal account to the motor vehicle fund such amounts as reflect the excess fund balance of the waste tire removal account.))

Sec. 5.  RCW 70.95.530 and 2014 c 76 s 6 are each amended to read as follows:

(1) Moneys in the waste tire removal account may be appropriated to the department of ecology:

(a) To provide for funding to state and local governments for the removal of discarded vehicle tires from unauthorized tire dump sites; ((and))

(b) To accomplish the other purposes of RCW 70.95.020 as they relate to waste tire cleanup under this chapter; and

(c) To provide funding to schools and local governments installing fields and playgrounds under section 3 of this act.

(2) In spending funds in the account under this section, the department shall identify communities with the most severe problems with waste tires and provide funds first to those communities to remove accumulations of waste tires.

(3) The department shall provide on its web site a summary of state and local government efforts funded using the waste tire removal account, a list of authorized waste tire storage sites and transporters, and tire recycling and reuse rates in the state for each calendar year.

Sec. 6.  RCW 28A.335.300 and 2015 c 225 s 27 are each amended to read as follows:

Every school board of directors shall consider the purchase of playground matting manufactured from shredded waste tires in undertaking construction or maintenance of playgrounds. The department of health shall provide each school board considering the purchase of playground matting with the most recent health studies regarding playground matting from shredded waste tires and each board shall exercise caution where the weight of the studies indicate the potential that the materials may have adverse health effects. The department of enterprise services shall upon request assist in the development of product specifications and vendor identification.

NEW SECTION.  Sec. 7.  A new section is added to chapter 28A.150 RCW to read as follows:

School districts and local governments shall post signs at each playground and playfield with synthetic turf regarding use precautions, including use during excessive heat conditions, hand washing following use, and avoiding food consumption while on the synthetic turf field.

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