BILL REQ. #:  S-3694.1 

Read first time 01/12/12.   Referred to Committee on Environment.

     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 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; that it is desirable to reduce the volume of the solid waste stream and resulting burdens on municipalities and to ensure the proper handling of used small rechargeable batteries; that it is important to ensure that all entities supplying small rechargeable batteries to residents of Washington, whether as stand alone units or as easily removable components of products, bear the same battery stewardship obligations; and that addressing certain existing and future barriers to implementation of voluntary industry programs to collect and recycle used small rechargeable batteries will facilitate these interests.

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 without the use of tools or with the use of common household tools.
     (3) "Free rider used small rechargeable battery" means a used small rechargeable battery that section 3 of this act requires be covered by a qualified used small battery stewardship 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.
     (4) "Participate" means to appoint an organization to act as an agent to administer a qualified used small rechargeable battery program and to have that appointment accepted by the qualified program.      
     (5) "Place of business" means a location at which a retailer sells or offers for sale small rechargeable batteries or portable rechargeable products to consumers.
     (6) "Portable rechargeable product" means a product that is packaged with or contains one or more easily removable small rechargeable batteries at the time of sale or offering for sale and is not a medical device.
     (7) "Portable rechargeable product manufacturer or marketer" means every person, firm, or corporation that: (a) Produces portable rechargeable products sold, offered for sale, or distributed in Washington under a brand name it owns or licenses that are packaged with or contain one or more easily removable small rechargeable batteries; (b) packages or arranges for the packaging of products packaged with or containing one or more easily removable small rechargeable batteries at the time of sale in Washington under a brand name it owns or licenses; (c) imports into the United States products packaged with or containing one or more easily removable small rechargeable batteries at the time of sale, offering for sale or distribution that are sold, offered for sale, or distributed in Washington under a brand name it owns or licenses; or (d) otherwise makes available to purchasers in Washington portable rechargeable products.
     (8) "Private label retailer" means a retailer who sells small rechargeable batteries under one or more brand names it owns or licenses.
     (9) "Retailer" means a person or other entity 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.
     (10) "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 certified under section 4 of this act to meet the requirements set forth in section 4(2) of this act.
     (11) "Small nonrechargeable battery" means a battery weighing less than eleven pounds that is not designed to be recharged for repeated use.
     (12) "Small nonrechargeable battery manufacturer or marketer" means a person who: (a) Produces small nonrechargeable 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 nonrechargeable 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 nonrechargeable batteries that are sold, offered for sale, or distributed in Washington under a brand name it owns or licenses; or (d) otherwise makes available to purchasers in Washington small nonrechargeable batteries, whether as stand alone items or as components of products.
     (13) "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 or battery pack used to start an internal combustion engine or as the principal or supplemental electric power source for a vehicle such as, but not limited to, an automobile, bicycle, boat, truck, tractor, golf cart, or wheelchair; (c) a battery or battery pack designed for use by a commercial, industrial, or institutional facility for load leveling or storage of electricity generated by an alternative power source, such as solar or wind driven generators; or (d) a battery or battery pack designed for use by a commercial, industrial, or institutional facility as a backup power source for memory or program instruction storage or timekeeping.
     (14) "Small rechargeable battery manufacturer or marketer" means every person, firm, or corporation that: (a) Produces 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; (d) is a private label retailer; or (e) otherwise makes available to consumers in Washington small rechargeable batteries, whether as stand alone items or otherwise.

NEW SECTION.  Sec. 3   Unless it is participating in a program described in section 10 of this act, no later than one hundred eighty days after the effective date of this section, each small rechargeable battery manufacturer or marketer, including private label retailers, and each portable rechargeable product manufacturer or marketer who has a reasonable basis to know that either the batteries or products, or both, it manufactures or markets are being sold or offered for sale in Washington by retailers shall operate a qualified program or participate in a qualified program operated by another entity.

NEW SECTION.  Sec. 4   (1) Any entity seeking to have a used small rechargeable battery stewardship program certified as a qualified program must submit a plan for that program to the department for review no later than ninety days prior to the date the entity intends to operate the program as a qualified program. The department shall acknowledge receipt of the submission within fourteen days and state in that acknowledgment whether the plan submission appears, on its face, to include all elements required by subsection (2) of this section.
     (2) Within sixty days of the notification required by subsection (1) of this section, the department shall certify any submitted used small rechargeable battery stewardship program as a qualified program if:
     (a) The submission was accompanied by a fee of five thousand dollars, payable to the used battery stewardship account created in section 8 of this act;
     (b) All return acceptance, recycling, and other handling services, including post-collection transportation, are provided free to consumers;
     (c) The submitting entity has provided to the department and committed to the department to post on the internet, promptly upon receipt of notice that the program is a qualified program, a written program plan that includes the following information: (i) The name, address, and contact information for the operator of the qualified program; (ii) contact information for all participating small rechargeable battery manufacturers or marketers, portable rechargeable product manufacturers or marketers, and all other such manufacturers or marketers whose responsibilities under this chapter are fulfilled by virtue of participation in the qualified program of another manufacturer or marketer; (iii) a description of the qualified program; and (iv) locations to which Washington residents can take used small rechargeable batteries;
     (d) The program does not require a retailer to accept more than five used rechargeable batteries from a person on a single day; and
     (e) Unless the program is operated by a small rechargeable battery manufacturer or marketer or portable rechargeable product manufacturer or marketer who limits its program solely to accepting batteries or products bearing its own brand, the program covers all used small rechargeable batteries, regardless of brand or other information displayed on the collected small rechargeable batteries and includes at least the following minimum elements, along with other elements as the program sponsor voluntarily includes:
     (i) The program engages in education and outreach activities to maximize collections;
     (ii) The program either is part of a multijurisdictional program that collects used small rechargeable batteries and has collected in Washington at least one hundred thousand pounds of these batteries in the last twelve months and does so in each year thereafter, or collects at least one hundred thousand pounds of used small rechargeable batteries in Washington in its first year of operation in Washington and each year thereafter; and     
     (iii) The program includes, at a minimum: Retailer collection of used small rechargeable batteries at multiple locations; collection of used small rechargeable batteries from governmental collection facilities; the provision of at least one used small rechargeable battery collection location in each county in the state; and the provision of one collection site for each city or town with a population of greater than ten thousand, which may be the same as the location in a county.
     (3) If the department fails to notify the entity submitting the program plan within the time limit established in subsection (1) of this section, that the plan for the program appears or does not appear, on its face, to include all requirements of subsection (2) of this section, or to notify the entity submitting the program plan within the time limit established in subsection (2) of this section that the program is certified or that the certification is denied, the program is considered to be certified as a qualified program. In the event that the department notifies the entity submitting the program plan within the time limits established in subsections (1) or (2) of this section that the program is deficient, the department shall notify the plan submitter of the deficiencies and allow a reasonable period of not less than thirty days for resubmission of the program plan. A program plan resubmitted during that resubmission period is not required to pay an additional fee under subsection (2)(a) of this section.
     (4) Promptly upon certification of a qualified program, or upon qualification in accordance with subsection (3) of this section, the submitter of a qualified program shall post on the internet the written program plan described in subsection (2)(c) of this section. No later than March 1st of the year following certification of a qualified program, and of every year thereafter until the program is terminated, the operator of a qualified program shall pay to the used battery stewardship fund established under section 8 of this act an annual fee of five thousand dollars and shall make available on the internet and provide to the department at such address as the department may direct a report: (a) Describing its funding, collections, and recycling success; (b) identifying the small rechargeable battery manufacturers and marketers, including private label retailers, and portable rechargeable product manufacturers and marketers who participate in it; and (c) describing the mechanisms employed and identifying entities involved in the final disposition of collected materials, except that if a qualified program operating in Washington is part of a program that also operates in jurisdictions outside of Washington, the funding information need not be reported on a Washington-specific basis.
     (5) The department shall maintain on the internet a list of all qualified programs that includes a link to the qualified programs' internet web sites.
     (6) A qualified program may be amended by submission to the department of a revised version of the qualified program plan showing proposed amendments and an administrative fee of five hundred dollars. Within sixty days of receipt, the department shall certify that the amended program remains a qualified program, if the amended program plan continues to meet the requirements of subsection (2) of this section, or shall inform the submitter with specificity of any deficiencies and allow a reasonable period for submission of revised amendments. Unless, within sixty days of submission of the further revised version of the qualified program, the department notifies the submitter with specificity of a continuing failure to meet the requirements of subsection (2) of this section, the revised plan is thereafter a qualified program plan. If at either the submission or resubmission stage the department informs the submitter of deficiencies, the unamended qualified plan remains effective unless the qualified plan is terminated by its operator.
     (7) A qualified program may be terminated by its operator at any time after the operator gives six months' notice to program participants of the termination date.

NEW SECTION.  Sec. 5   (1) If a governmental entity that operates, contracts for, establishes minimum requirements for, or supervises a location at which residents may drop off materials for recycling agrees with the operator of a qualified program on the terms of the qualified program's support for the collection of used small rechargeable batteries and for segregation of those batteries from other collected materials into containers provided by the qualified program, the qualified program shall provide appropriate containers and make any mutually agreed upon payments.
     (2) If a governmental entity that operates, contracts for, establishes minimum requirements for, or supervises the operation of a curbside collection program that includes used small rechargeable batteries agrees with the operator of a qualified program on the terms of the qualified program's support for those activities, the qualified program shall provide to the consolidation facilities supporting that curbside collection program containers for use in sorting and shipping those used small rechargeable batteries and make any mutually agreed upon payments.

NEW SECTION.  Sec. 6   (1) Beginning one year after the effective date of this section, no retailer may sell or offer for sale in Washington a small rechargeable battery unless it is marked with an identification of the small rechargeable battery manufacturer or marketer.
     (2) Beginning one year after the effective date of this section, no retailer may sell or offer for sale in Washington a portable rechargeable product unless the battery packaged with or contained in the portable rechargeable product is marked with an identification of the battery manufacturer or marketer.
     (3) No retailer having a place of business in Washington shall be obliged to participate in a qualified used small rechargeable battery stewardship program unless it is a private label retailer. Any private label retailer who does not operate a program that meets the requirements of section 4(2)(d) of this act or is not participating in another qualified program shall cooperate with an operator of a qualified program who requests such cooperation by displaying a collection container provided by the operator and otherwise complying with that program, without requiring payment by the qualified program.
     (4) 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, shall inform consumers with visible signage or equivalent alternative mechanisms of qualified programs that provide opportunities to return used small rechargeable batteries for recycling in Washington.
     (5) Any retailer that has a physical presence in Washington and is cooperating with a qualified program:
     (a) 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 instructions of the operator of the program, and shall take reasonable steps to prevent the placement into any such container of materials other than properly protected used small rechargeable batteries; and
     (b) May require the operator of a qualified program to pay the retailer for the reasonable cost of cooperating with the plan if the qualified program does not provide all unique materials associated with its implementation to the retailer, at no cost to the retailer, or the qualified program fails to provide a mechanism for the reasonable and timely collection and transportation of collected used small rechargeable batteries from the locations at which the operator of the qualified program has requested the retailer's cooperation.
     (6) Except as provided in subsection (5)(b) of this section, a retailer may not require the operator of a qualified program to pay the retailer for the cost of cooperating with that program.
     (7) An operator of a qualified program may not require a retailer to pay a fee to participate in that operator's program.
     (8) Any person who provides to a retailer a small rechargeable battery or 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 and reimburse the retailer for all costs incurred by the retailer in shipping the battery or product to the designated location.

NEW SECTION.  Sec. 7   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 under electronic product recycling act, chapter 70.95N RCW, or to coordinate with or participate in a program described in section 10 of this act, shall not be considered to violate the unfair business practices--consumer protection act, chapter 19.86 RCW.

NEW SECTION.  Sec. 8   (1) Any person who violates section 3 or 10 of this act shall be liable for a civil penalty recoverable in a proceeding before the department in the amount of five thousand dollars for the first violation, ten thousand dollars for the second violation, and fifty thousand dollars for the third or subsequent violation. Any person who violates section 6 of this act is liable for a civil penalty recoverable in a proceeding before the department in the amount of one thousand dollars.
     (2) At least ninety days prior to seeking to assess any penalty authorized by subsection (1) 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 (1) 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 to the pollution control hearings board created under chapter 43.21B RCW.
     (3) The used battery stewardship account is created in the custody of the state treasurer. All receipts from payments made under section 4 (2) and (4) 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. Funds in the account may not be diverted for any purpose or activity other than those specified in this section. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 9   (1) The operator of a qualified small rechargeable battery stewardship program that incurs costs in excess of five thousand dollars in collecting, handling, recycling, or properly disposing in Washington of free rider used small rechargeable batteries originating 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 other information, may bring a civil action or actions to recover costs, damages, and fees specified in subsection (2) of this section, and if successful must be awarded such amounts.
     (2) In an action brought pursuant to subsection (1) of this section, the plaintiff operator of a qualified program shall recover from the 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 free rider used small rechargeable 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 less 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 court in the state, without regard to the amount in dispute.

NEW SECTION.  Sec. 10   Any entity that operates a program for the stewardship of multiple brands of used small nonrechargeable batteries on behalf of more than one nonrechargeable battery manufacturer or retailer shall provide to all small rechargeable battery manufacturers and marketers and portable rechargeable product manufacturers and marketers subject to this chapter the opportunity to participate in that entity's program. Such an entity may impose on the small rechargeable battery manufacturer or marketer or portable rechargeable product manufacturer or marketer 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 small rechargeable battery manufacturer or portable rechargeable product manufacturer 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 small rechargeable battery manufacturer or marketer or portable product manufacturer or marketer who participates in such a program is deemed to be in compliance with this chapter.

NEW SECTION.  Sec. 11   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 small nonrechargeable batteries and used small rechargeable batteries.

NEW SECTION.  Sec. 12   This chapter may be known and cited as the "Washington small rechargeable battery stewardship act."

NEW SECTION.  Sec. 13   Sections 1 through 12 of this act constitute a new chapter in Title 70 RCW.

Sec. 14   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 of decisions of the department under chapter 70.--- RCW (the new chapter created in section 13 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. 15   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 of decisions of the department under chapter 70.--- RCW (the new chapter created in section 13 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. 16   Section 14 of this act expires June 30, 2019.

NEW SECTION.  Sec. 17   Section 15 of this act takes effect June 30, 2019.

NEW SECTION.  Sec. 18   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.