Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that certain chemicals used in cosmetic products are linked to harmful impacts on health, such as cancer, birth defects, damage to the reproductive system, organ system toxicity, and endocrine disruption. Many of these chemicals have been identified by the state of Washington as high priority chemicals of concern.
(2) In order to ensure the safety of cosmetic products and protect Washington citizens from toxic exposures, the legislature intends to prohibit use of toxic chemicals found in cosmetic and personal care products and join other jurisdictions in creating a safer global standard for cosmetic products and bringing more sustainable, safer ingredients to the marketplace.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Cosmetic product" has the same meaning as the term "cosmetic" as defined in RCW 69.04.011
(2) "Department" means the department of ecology.
(3) "Manufacturer" has the same meaning as defined in RCW 70A.350.010
(4) "Ortho-phthalates" means esters of ortho-phthalic acid.
(5) "Perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as defined in RCW 70A.350.010
(6) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010
NEW SECTION. Sec. 3. (1) Except as provided in subsection (3) of this section, beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or chemical classes:
(b) Perfluoroalkyl and polyfluoroalkyl substances;
(c) Formaldehyde (CAS 50-00-0) and chemicals determined by the department to release formaldehyde;
(d) Methylene glycol (CAS 463-57-0);
(e) Mercury and mercury compounds (CAS 7439-97-6);
(f) Triclosan (CAS 3380-34-5);
(g) m-phenylenediamine and its salts (CAS 108-45-2); and
(h) o-phenylenediamine and its salts (CAS 95-54-5).
(2) Except as provided in subsection (3) of this section, beginning January 1, 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains lead or lead compounds (CAS 7439-92-1) at ten parts per million (ppm) or above, or as otherwise determined by the department through rule making.
(3) An in-state retailer in possession of cosmetic products on the date that restrictions on the sale of the products takes effect under this section may exhaust its existing stock through sales to the public until January 1, 2026.
(4)(a) By December 1, 2022, the department in consultation with the department of health must create and adopt by rule a community engagement plan to:
(i)(A) Test cosmetic products marketed, including through internet retailers, to women of color; and
(B) Identify potentially harmful chemicals or chemical classes contained in or added to the products identified in (a)(i)(A) of this subsection;
(ii) Seek information through outreach regarding the use of cosmetic products, prioritizing engagement with vulnerable populations;
(iii) Provide culturally appropriate education concerning identified chemicals or chemical classes contained in or added to cultural and other cosmetic products, prioritizing engagement with vulnerable populations; and
(iv) Support efforts to:
(A) Identify priority chemicals and priority products for the department to evaluate in accordance with chapter 70A.350
(B) Determine whether additional regulation is needed to address chemicals or chemical classes contained in or added to cosmetic products.
(b) The plan must include methods for outreach and communication with those who face barriers to participation, such as language or otherwise.
(5) For the purposes of this section, cosmetic products do not include prescription drugs approved by the United States food and drug administration.
(6) Hydrofluoroolefins used as aerosol propellants are not subject to the restrictions established in this section.
NEW SECTION. Sec. 4. (1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
(2) A manufacturer violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat offense.
(3) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board.
(4) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180
and 2021 c 316 s 41 and 2021 c 313 s 16 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 70A.15
RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100
(a) Civil penalties imposed pursuant to RCW 18.104.155
, section 3 of this act,
, and 90.64.102
(b) Orders issued pursuant to RCW 18.104.043
, section 3 of this act,
, 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 70A.205.260
(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70A.205
(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70A.226.090
(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 70A.205.145
(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
(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
(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, to issue a stop work order, to issue a notice to comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.
(l) Decisions of the department of natural resources that are reviewable under RCW 78.44.270
(m) Decisions of 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 by the hearings board under RCW 79.100.120
(n) Decisions of the department of ecology that are appealable under RCW 70A.245.020
to set recycled minimum postconsumer content for covered products or to temporarily exclude types of covered products in plastic containers from minimum postconsumer recycled content requirements.
(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
(d) Hearings conducted by the department to adopt, modify, or repeal rules.
(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
and 2021 c 316 s 42 and 2021 c 313 s 17 are each reenacted and amended to read as follows:
(1) Any civil penalty provided in RCW 18.104.155
, section 3 of this act,
, and 90.64.102
and chapter 70A.355
RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within thirty days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority thirty days after the date of receipt by the person penalized of the notice imposing the penalty or thirty days after the date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.
(3) A penalty shall become due and payable on the later of:
(a) Thirty days after receipt of the notice imposing the penalty;
(b) Thirty days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made; or
(c) Thirty days after receipt of the notice of decision of the hearings board if the penalty is appealed.
(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155
, which shall be credited to the reclamation account as provided in RCW 18.104.155
(7), RCW 70A.15.3160
, the disposition of which shall be governed by that provision, RCW 70A.245.040
, which shall be credited to the recycling enhancement account created in RCW 70A.245.100
, RCW 70A.300.090 and section 3 of this act
, which shall be credited to the model toxics control operating account created in RCW 70A.305.180
, RCW 70A.65.200
, which shall be credited to the climate investment account created in RCW 70A.65.250
, RCW 90.56.330
, which shall be credited to the coastal protection fund created by RCW 90.48.390
, and RCW 70A.355.070
, which shall be credited to the underground storage tank account created by RCW 70A.355.090
NEW SECTION. Sec. 7. This chapter may be known and cited as the toxic-free cosmetics act.
NEW SECTION. Sec. 8. Sections 1 through 4 and 7 of this act constitute a new chapter in Title 70A RCW."
Exempts hydrofluoroolefins used as aerosol propellants from restrictions on chemicals in cosmetic products.
Clarifies that the information sought from community outreach by Ecology through the community engagement plan concerns the use of cosmetic products, rather than the chemical content of cosmetic products.
Clarifies that the community engagement plan must support efforts to identify priority chemicals and products for evaluation under Ecology's Safer Products for Washington program, rather than automatically resulting in regulatory action under that program.
Makes technical corrections, including by adding conforming amendments to the statutes establishing the jurisdiction of the Pollution Control Hearings Board (PCHB) and penalty imposition procedures for penalties appealable to the PCHB.