AN ACT Relating to the use of chemical action plans; amending RCW 70.240.010 and 70.240.050; adding new sections to chapter 70.240 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 43.21A RCW; and creating a new section.

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, hexabromocyclododecane, chemical abstracts service number 25637-99-4, as of the effective date of this section, or the additive form of TBBPA, chemical abstracts service number 79-94-7, as of the effective date of this section, in amounts greater than one thousand parts per million in any product component.

Sec. 2.  RCW 70.240.010 and 2008 c 288 s 2 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Children's cosmetics" means cosmetics that are made for, marketed for use by, or marketed to children under the age of twelve. "Children's cosmetics" includes cosmetics that meet any of the following conditions:

(a) Represented in its packaging, display, or advertising as appropriate for use by children;

(b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children; or

(c) Sold in any of the following:

(i) Retail store, catalogue, or online web site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or

(ii) A discrete portion of a retail store, catalogue, or online web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

(2) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children under the age of twelve. "Children's jewelry" includes jewelry that meets any of the following conditions:

(a) Represented in its packaging, display, or advertising as appropriate for use by children under the age of twelve;

(b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children;

(c) Sized for children and not intended for use by adults; or

(d) Sold in any of the following:

(i) A vending machine;

(ii) Retail store, catalogue, or online web site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or

(iii) A discrete portion of a retail store, catalogue, or online web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

(3)(a) "Children's product" includes any of the following:

(i) Toys;

(ii) Children's cosmetics;

(iii) Children's jewelry;

(iv) A product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, or to be worn as clothing by children; or

(v) ((Child car seats)) A portable infant or child safety seat designed to attach to an automobile seat.

(b) "Children's product" does not include the following:

(i) Batteries;

(ii) Slings and catapults;

(iii) Sets of darts with metallic points;

(iv) Toy steam engines;

(v) Bicycles and tricycles;

(vi) Video toys that can be connected to a video screen and are operated at a nominal voltage exceeding twenty-four volts;

(vii) Chemistry sets;

(viii) Consumer and children's electronic products, including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals;

(ix) Interactive software, intended for leisure and entertainment, such as computer games, and their storage media, such as compact disks;

(x) BB guns, pellet guns, and air rifles;

(xi) Snow sporting equipment, including skis, poles, boots, snow boards, sleds, and bindings;

(xii) Sporting equipment, including, but not limited to bats, balls, gloves, sticks, pucks, and pads;

(xiii) Roller skates;

(xiv) Scooters;

(xv) Model rockets;

(xvi) Athletic shoes with cleats or spikes; and

(xvii) Pocket knives and multitools.

(4) "Cosmetics" includes articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and articles intended for use as a component of such an article. "Cosmetics" does not include soap, dietary supplements, or food and drugs approved by the United States food and drug administration.

(5) "Department" means the department of ecology.

(6) "High priority chemical" means a chemical identified by a state agency, federal agency, or accredited research university, or other scientific evidence deemed authoritative by the department on the basis of credible scientific evidence as known to do one or more of the following:

(a) Harm the normal development of a fetus or child or cause other developmental toxicity;

(b) Cause cancer, genetic damage, or reproductive harm;

(c) Disrupt the endocrine system;

(d) Damage the nervous system, immune system, or organs or cause other systemic toxicity;

(e) Be persistent, bioaccumulative, and toxic; or

(f) Be very persistent and very bioaccumulative.

(7) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a children's product or an importer or domestic distributor of a children's product. For the purposes of this subsection, "importer" means the owner of the children's product.

(8) "Phthalates" means di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisonoyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).

(9) "Toy" means a product designed or intended by the manufacturer to be used by a child at play.

(10) "Trade association" means a membership organization of persons engaging in a similar or related line of commerce, organized to promote and improve business conditions in that line of commerce and not to engage in a regular business of a kind ordinarily carried on for profit.

(11) "Very bioaccumulative" means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5.0.

(12) "Very persistent" means having a half-life greater than or equal to one of the following:

(a) A half-life in soil or sediment of greater than one hundred eighty days;

(b) A half-life greater than or equal to sixty days in water or evidence of long-range transport.

Sec. 3.  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. 4.  A new section is added to chapter 70.240 RCW to read as follows:

After January 1, 2015, and subject to the availability of amounts appropriated for this specific purpose, the department must complete and publish a chemical action plan as provided in section 6 of this act for any flame retardant identified as a chemical of high concern for children within two years of the adoption of the rule that identifies the flame retardant as a chemical of high concern for children.

NEW SECTION.  Sec. 5.  A new section is added to chapter 90.48 RCW to read as follows:

(1) The department must select substances, as identified by the United States environmental protection agency in section 304(a)(1) of the clean water act (water quality criteria for human health), that impact Washington state water bodies as identified under section 303(d) of the clean water act, for development of a chemical action plan as specified under section 6 of this act.

(2) Beginning January 1, 2016, and every two years thereafter, the department, in consultation with the department of health, must complete and publish a chemical action plan for two substances as selected under subsection (1) of this section to identify, characterize, and evaluate uses and releases of the substances in Washington, the levels of the substances present in the environment, and the levels of the substances present in Washington water bodies as identified under section 303(d) of the clean water act.

(3) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.

NEW SECTION.  Sec. 6.  A new section is added to chapter 43.21A RCW to read as follows:

(1) When developing chemical action plans, the department must include the following types of information, evaluations, and recommendations:

(a) The name of the substance, its properties, uses, and manufacturers;

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

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

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

(e) Recommendations for:

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

(ii) Minimizing exposure to the substance;

(iii) Reducing risk of harm to human health and the environment; and

(iv) The use of alternatives that reduce risk and exposure;

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

(i) Environmental and human health risks and benefits;

(ii) Economic and social impacts and benefits;

(iii) Technical feasibility;

(iv) Availability and effectiveness of alternatives that reduce risk and exposure; and

(v) Consistency with existing federal and state regulatory requirements and information about restrictions or prohibitions by other states or nations.

(2) The department must create an external advisory committee for each chemical action plan developed to provide stakeholder input, expertise, and additional information. The advisory committee membership must include, but not be limited to, representatives from: The largest statewide business association; large and small business sectors, including retailers and manufacturers; community, environmental, and public health advocacy groups; local governments; affected and interested businesses; and public health agencies. The department must consult with the advisory committee on the development of a chemical action plan and may request state agencies and technical experts to participate. All advisory committee meetings must be open to the public.

(3) The department must provide recommendations to the legislature on policy options regarding: Reducing exposure; designating and developing alternative substances or processes that reduce risk and exposure; and restricting or prohibiting the use of substances for which chemical action plans have been completed.

(4) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.

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