Background:

The Revised Code of Washington.

The Revised Code of Washington (RCW) is the official compilation of permanent laws enacted by the Legislature. The RCW is broadly topically arranged into titles, each of which contain a number of chapters devoted to specific topics.

Inaccuracies in the RCW may occur in a variety of ways. Sections may be repealed, recodified, or amended in a way that changes their internal numbering, and references to these sections or subsections in other provisions of the code then become incorrect. A bill may change a particular term, and references to these terms in other provisions of the code become inaccurate, or drafting and typographical errors may be made in the drafting process. In addition, two or more bills may amend the same section of the RCW without reference to each other. These are called "double" or "multiple" amendments. Often there are no substantive conflicts between the multiple amendments, and the amendments may be merged, but sometimes merging multiple amendments may require restructuring of a section.

During the process of adopting administrative rules, state agencies must cite the statutory authority upon which the rule is based, and the content of adopted rules often contains references to specific statutory provisions. Ordinances and regulations adopted by cities,counties, and other political subdivisions of the state may likewise reference statutory authority or other provisions codified in the RCWs.

Environmental Laws and Programs.

Title 70 of the RCW contains 157 chapters of law pertaining to topics of public health and safety. Many statutes pertaining to environmental policy topics are codified within Title 70 of the RCW, including laws pertaining to air pollution, solid waste management, hazardous waste management and cleanup, and hazardous materials in consumer products. Other laws addressing topics related to the environment, such as those addressing radioactive waste management and water pollution, are primarily codified in other titles of the RCW.

Summary:

New Title 70A of the Revised Code of Washington.

A new Title 70A of the Revised Code of Washington (RCW) is created for certain topics pertaining to environmental and public health. Chapters of law contained in Title 70 of the RCW, as well as a number of chapters contained in other titles, are reorganized and recodified as part of the new title. The RCW codifications, as they existed as of January 1, 2020, of the chapters included in the new title, and the subject matter that each chapter addresses, are as follows:

43.21M Integrated Climate Change Response Strategy.
43.37 Weather Modification.
43.145 Northwest Interstate Compact on Low-Level Radioactive Waste
Management.
43.146 Pacific States Agreement on Radioactive Material Transportation
Management.
43.200 Radioactive Waste Act.
43.205 High-Level Nuclear Waste Repository Siting.
70.75A Firefighting Agents and Equipment—Toxic Chemical Use.
70.76 Polybrominated Diphenyl Ethers—Flame Retardants.
70.93 Waste Reduction, Recycling, and Model Litter Control Act.
70.94 Washington Clean Air Act.
70.95 Solid Waste Management—Reduction and Recycling.
70.95A Pollution Control—Municipal Bonding Authority.
70.95B Domestic Waste Treatment Plants—Operators.
70.95C Waste Reduction.
70.95D Solid Waste Incinerator and Landfill Operators.
70.95E Hazardous Waste Fees.
70.95F Labeling of Plastics.
70.95G Packages Containing Metals and Toxic Chemicals.
70.95I Used Oil Recycling.
70.95J Municipal Sewage Sludge—Biosolids.
70.95K Biomedical Waste.
70.95L Detergent Phosphorus Content.
70.95M Mercury.
70.95N Electronic Product Recycling.
70.98 Nuclear Energy and Radiation.
70.99 Radioactive Waste Storage and Transportation Act of 1980.
70.102 Hazardous Substance Information.
70.103 Lead-Based Paint.
70.105 Hazardous Waste Management.
70.105D Hazardous Waste Cleanup—Model Toxics Control Act.
70.107 Noise Control.
70.116 Public Water System Coordination Act of 1977.
70.118 On-Site Sewage Disposal Systems.
70.118A On-Site Sewage Disposal Systems—Marine Recovery Areas.
70.118B Large On-Site Sewage Disposal Systems.
70.119 Public Water Supply Systems—Operators.
70.119A Public Water Systems—Penalties and Compliance.
70.120 Motor Vehicle Emission Control.
70.120A Motor Vehicle Emission Standards.
70.121 Mill Tailings—Licensing and Perpetual Care.
70.132 Beverage Containers.
70.138 Incinerator Ash Residue.
70.140 Area-Wide Soil Contamination.
70.142 Chemical Contaminants and Water Quality.
70.146 Water Pollution Control Facilities Financing.
70.148 Underground Petroleum Storage Tanks.
70.149 Petroleum Storage Tank Systems—Pollution Liability Protection Act.
70.150 Water Quality Joint Development Act.
70.164 Low-income Residential Weatherization Program.
70.220 Washington Academy of Sciences.
70.235 Limiting Greenhouse Gas Emissions.
70.240 Children's Safe Products.
70.260 Energy Efficiency Improvements.
70.270 Replacement of Lead Wheel Weights.
70.275 Mercury-Containing Lights—Proper Disposal.
70.280 Bisphenol A—Restrictions on Sale.
70.285 Brake Friction Material.
70.295 Stormwater Pollution—Coal Tar.
70.300 Recreational Water Vessels—Antifouling Paints.
70.310 Labeling of Building Materials Containing Asbestos.
70.315 Water Purveyors—Fire Suppression Water Facilities.
70.325 Diesel Emissions—Air Pollution Reduction.
70.340 Underground Storage Tanks-Revolving Loan Account.
70.355 Photovoltaic Module Stewardship and Takeback Program.
70.360 Plastic Product Degradability.
70.365 Toxic Pollution.
70.370 Recycling Development Center.
70.375 Architectural Paint Stewardship Program.
70.380 Plastic Packaging—Evaluation and Assessment.
90.76 Underground Storage Tanks.

Technical Corrections.

Technical corrections are made to various provisions of the RCW pertaining to topics affected by the recodification. These changes include:

amending outdated references to the names of accounts created in statute, such as updating references to the three accounts created under the Model Toxics Control Act (MTCA) in order to reflect the 2019 statutory reorganization and renaming of the MTCA accounts;
updating or correcting references to statute numbers, such as a reference in the definitions section of the state Clean Air Act (CAA) to the section number of the CAA that addresses silvicultural burning;
amending outdated references to state agency names, such as changing references to the Department of Community, Trade, and Economic Development to reflect its contemporary name: the Department of Commerce;
repealing RCW Chapter 70.105E, which was declared unconstitutional in its entirety by a federal court in 2006;
reconciling a double-amended section of the MTCA; and
updating inaccurate references to administrative rules adopted by the Department of Ecology (Ecology), such as a reference in the paint stewardship statute to Ecology's dangerous waste regulations.

Other.

The declared intent of the act is to make technical amendments, and any changes should not be interpreted to have substantive, policy implications.

Administrative rules adopted under recodified statutory authorities remain valid and are not affected by the recodification. State agencies and local governments that have adopted rules or laws that reference recodified statutory authorities are encouraged to update the references by July 1, 2025.

Effective:	June 11, 2020
	July 1, 2020 (Sections 1446–1450)
	June 20, 2021 (Section 1035)

House	97	0
Senate	48	0