BILL REQ. #:  H-0426.3 

Read first time 01/24/11.   Referred to Committee on Environment.

     AN ACT Relating to the disposal of residential sharps waste; reenacting and amending RCW 70.105D.070; adding new sections to chapter 70.95K RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1) A pharmaceutical manufacturer that sells or distributes medication in this state that is usually intended to be self-injected at home through the use of hypodermic needles, syringes with needles attached, intravenous tubing with needles attached, lancets, or any other similar devices shall submit a plan to the department of health that describes specific actions the manufacturer will take on and after January 1, 2013, to provide a free and convenient service for the safe collection and proper disposal of residential sharps waste to all consumers who use the manufacturer's self-injected medications.
     (2) The plan required under subsection (1) of this section must be submitted to the department of health by July 1, 2012, and updated and submitted annually thereafter by July 1st.
     (3) Every pharmaceutical manufacturer required to submit a plan under this section shall pay a filing fee to the department of health at the time the plan is submitted. The department of health shall determine the amount of the filing fee based on the estimated cost to the department in reviewing the manufacturer's plan and monitoring compliance with the plan.
     (4) The department of health is responsible for collecting the filing fees authorized under subsection (3) of this section. The department of health shall deposit all filing fees collected under this section into the state toxics control account under RCW 70.105D.070.

NEW SECTION.  Sec. 2   (1) The plan required under section 1 of this act must be submitted in an electronic format prescribed by the department of health. The plan must identify by name all of the pharmaceutical manufacturer's medications that are usually intended to be self-injected. The plan must also include, at a minimum, a description of the actions the manufacturer will take to do the following:
     (a) Provide patient starter kits or other educational materials on safe needle disposal to new patients;
     (b) Provide, at no cost to the consumer, sharps waste containers approved by the United States postal service for use in a mail program; and
     (c) Provide consumer information about the safe management and proper disposal of needles through literature, web sites, DVDs, or toll-free numbers.
     (2) If a plan submitted by a manufacturer does not provide for a free mail program, the plan must include and describe a free and convenient network of retail businesses, such as pharmacies, that the manufacturer will establish to safely collect and dispose of residential sharps waste. The manufacturer shall also describe in its plan how it intends to support efforts by retailers, local governments, health care organizations, public health officers, and solid waste service providers to ensure the public is aware of the free and convenient collection network established by the manufacturer.
     (3) The department of health shall post and maintain all copies of all plans submitted by pharmaceutical manufacturers on its web site.
     (4) Pharmaceutical manufacturers shall post and maintain a copy of the plan required under section 1 of this act on their web sites.

NEW SECTION.  Sec. 3   (1)(a) Except as provided in subsection (2) of this section, a pharmaceutical manufacturer that fails to submit or implement a plan as required under section 1 of this act, or post a copy of the plan on the pharmaceutical manufacturer's web site as required under section 2 of this act, is subject to a civil penalty of: (i) Five thousand dollars per day for every day the plan is late; (ii) five thousand dollars per day for every day the manufacturer fails to fully implement its plan; and (iii) five thousand dollars per day for every day the plan is not posted on the pharmaceutical manufacturer's web site.
     (b) The department of health is responsible for collecting the penalties authorized under (a) of this subsection. The department of health shall deposit all penalties collected under this section into the state toxics control account under RCW 70.105D.070.
     (2) Neither this section nor section 1 or 2 of this act apply to a pharmaceutical manufacturer that provides a written notification to the department of health by July 1, 2012, and each year thereafter, stating that the manufacturer: (a) Has previously submitted a plan to an agency of state government that documents that the manufacturer has arranged to provide, at no cost to the consumer, a sharps waste container that has been approved by the United States postal service for use in a mail program; and (b) is continuing to provide a free and convenient mail program to residents of this state.

NEW SECTION.  Sec. 4   Expenses to cover the cost of administering sections 1 through 3 and 5 of this act must be paid from the state toxics control account under RCW 70.105D.070.

NEW SECTION.  Sec. 5   The department of health may adopt rules as necessary for the purpose of implementing, administering, and enforcing sections 1 through 4 of this act.

Sec. 6   RCW 70.105D.070 and 2010 1st sp.s. c 37 s 942, 2009 c 564 s 951, and 2009 c 187 s 5 are each reenacted and amended to read as follows:
     (1) The state toxics control account and the local toxics control account are hereby created in the state treasury.
     (2) The following moneys shall be deposited into the state toxics control account: (a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b) the costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered under this chapter; and (d) any other money appropriated or transferred to the account by the legislature. Moneys in the account may be used only to carry out the purposes of this chapter, including but not limited to the following activities:
     (i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;
     (ii) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;
     (iii) The hazardous waste cleanup program required under this chapter;
     (iv) State matching funds required under the federal cleanup law;
     (v) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
     (vi) State government programs for the safe reduction, recycling, or disposal of hazardous wastes from households, small businesses, and agriculture;
     (vii) Hazardous materials emergency response training;
     (viii) Water and environmental health protection and monitoring programs;
     (ix) Programs authorized under chapter 70.146 RCW;
     (x) A public participation program, including regional citizen advisory committees;
     (xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than would otherwise occur, and (B) the prevention or mitigation of unfair economic hardship;
     (xii) Development and demonstration of alternative management technologies designed to carry out the hazardous waste management priorities of RCW 70.105.150;
     (xiii) Reimbursement for expenses as authorized under section 4 of this act;
     (xiv) During the 2009-2011 fiscal biennium, shoreline update technical assistance; and
     (((xiv))) (xv) During the 2009-2011 fiscal biennium, multijurisdictional permitting teams.
     (3) The following moneys shall be deposited into the local toxics control account: Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent.
     (a) Moneys deposited in the local toxics control account shall be used by the department for grants or loans to local governments for the following purposes in descending order of priority:
     (i) Remedial actions;
     (ii) Hazardous waste plans and programs under chapter 70.105 RCW;
     (iii) Solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
     (iv) Funds for a program to assist in the assessment and cleanup of sites of methamphetamine production, but not to be used for the initial containment of such sites, consistent with the responsibilities and intent of RCW 69.50.511; and
     (v) Cleanup and disposal of hazardous substances from abandoned or derelict vessels, defined for the purposes of this section as vessels that have little or no value and either have no identified owner or have an identified owner lacking financial resources to clean up and dispose of the vessel, that pose a threat to human health or the environment.
     (b) Funds for plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW, except that any applicant that is a Puget Sound partner, as defined in RCW 90.71.010, along with any project that is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310, shall, except as conditioned by RCW 70.105D.120, receive priority for any available funding for any grant or funding programs or sources that use a competitive bidding process. During the 2007-2009 fiscal biennium, moneys in the account may also be used for grants to local governments to retrofit public sector diesel equipment and for storm water planning and implementation activities.
     (c) To expedite cleanups throughout the state, the department shall partner with local communities and liable parties for cleanups. The department is authorized to use the following additional strategies in order to ensure a healthful environment for future generations:
     (i) The director may alter grant-matching requirements to create incentives for local governments to expedite cleanups when one of the following conditions exists:
     (A) Funding would prevent or mitigate unfair economic hardship imposed by the clean-up liability;
     (B) Funding would create new substantial economic development, public recreational, or habitat restoration opportunities that would not otherwise occur; or
     (C) Funding would create an opportunity for acquisition and redevelopment of vacant, orphaned, or abandoned property under RCW 70.105D.040(5) that would not otherwise occur;
     (ii) The use of outside contracts to conduct necessary studies;
     (iii) The purchase of remedial action cost-cap insurance, when necessary to expedite multiparty clean-up efforts.
     (d) To facilitate and expedite cleanups using funds from the local toxics control account, during the 2009-2011 fiscal biennium the director may establish grant-funded accounts to hold and disperse local toxics control account funds and funds from local governments to be used for remedial actions.
     (4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.
     (5) Except during the 2009-2011 fiscal biennium, one percent of the moneys deposited into the state and local toxics control accounts shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from either account which are not expended at the close of any biennium shall revert to the state toxics control account.
     (6) No moneys deposited into either the state or local toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation, or, after January 1, 2010, for projects designed to address the restoration of Puget Sound, funded in a competitive grant process, that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
     (7) The department shall adopt rules for grant or loan issuance and performance.
     (8) During the 2007-2009 and 2009-2011 fiscal biennia, the legislature may transfer from the local toxics control account to either the state general fund or the oil spill prevention account, or both such amounts as reflect excess fund balance in the account.
     (9) During the 2009-2011 fiscal biennium, the local toxics control account may also be used for a standby rescue tug at Neah Bay, local government shoreline update grants, private and public sector diesel equipment retrofit, and oil spill prevention, preparedness, and response activities.
     (10) During the 2009-2011 fiscal biennium, the legislature may transfer from the state toxics control account to the state general fund such amounts as reflect the excess fund balance in the account.

NEW SECTION.  Sec. 7   Sections 1 through 5 of this act are each added to chapter 70.95K RCW.