H-2659.1

HOUSE BILL 2212

ByRepresentatives Pollet, Berry, Ryu, Doglio, Parshley, Ramel, Stearns, Mena, Reed, Callan, Scott, Cortes, Zahn, Wylie, Taylor, Duerr, Gregerson, Thai, Farivar, Macri, Fosse, and Donaghy

AN ACT Relating to reducing microplastic pollution from washing machines; reenacting and amending RCW 43.21B.110 and 43.21B.300; adding a new chapter to Title 70A RCW; and prescribing penalties.

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

(a) Microplastics, often small bits of synthetic fibers from clothing, are found so commonly in drinking water that studies have estimated that the average American consumes one credit card's worth of plastic every week. Microplastics have already been linked to harm to reproductive, liver, digestive, and respiratory health, in addition to harm to the marine environment;

(b) Washing synthetic garments has been found to be the single largest source of microfiber and microplastic pollution in marine waters;

(c) A single load of laundry can release up to 700,000 microplastic fibers into wastewater, many of which pass through treatment plants and end up in rivers, lakes, and oceans. These fibers can eventually make their way into drinking water sources, affecting both tap and bottled water supplies;

(d) Studies have detected microplastics in 95 percent of United States tap water samples, indicating widespread contamination;

(e) Studies have documented that adding microplastic filters to washing machines or their discharge lines effectively reduces microplastic pollution; and

(f) Filters are available commercially at relatively low cost. Costs will reduce further as other nations and states require new washing machines to include microfiber filters.

(2) It is the intent of the legislature to begin reducing microplastic pollution in Washington's waters in order to protect public health and environment starting with industrial and commercial laundry facilities, which contribute a large portion of the discharges. Adding filters to commercial or industrial laundry discharge lines or newly installed machines is a relatively low cost and easily implemented step. As the incremental cost of adding filters to new consumer machines or new residential consumer installations reduces, which may be from adoption of similar standards in large consumer markets, the legislature intends for the department to adopt requirements for filters.

(1) "Commercial washing machine" means a washing machine that is designed for use in applications in which the occupants of more than one household will be using the washing machine, such as those located in multifamily housing common areas and in businesses that charge for the use of the washing machine.

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

(3) "Industrial washing machine" means a washing machine designed for use by a business to launder clothes or other textiles that are:

(a) Used by the business; or

(b) Used by another business.

(4) "Microfiber" means a synthetic or natural textile fiber that is less than five millimeters in length.

(5) "Microfiber filtration system" means a filtration system that:

(a) Is active across all washing cycles of a washing machine;

(b) Has a mesh size of 100 micrometers or less;

(c) Is certified by an independent third party as being capable of removing at least 87 percent of microfibers; and

(d) Is either:

(i) Built into a newly manufactured washing machine; or

(ii) An in-line filtration system that is packaged with and capable of being installed with a new washing machine.

(6) "Residential washing machine" means a consumer product designed to clean clothes and other household items, utilizing a water solution of any combination of soap, detergent, and mechanical agitation or other movement.

(7) "Washing machine" means a machine designed and used for washing any combination of clothes, linens, or other textiles.

(a) Contains or is equipped with a microfiber filtration system; and

(b) Bears a conspicuous label that is visible to the operator or consumer, in the form of a sticker or other label type, that includes the following statement: "Notice: This washing machine contains a filter to capture microfibers. Check filter regularly and dispose of captured lint in a waste bin."

(2)(a) After July 1, 2030, the department may adopt a rule requiring new residential washing machines to be capable of filtering microfibers if the department determines that:

(i)(A) At least one other state representing a meaningful percentage of nationwide residential washing machine sales has a law in effect that requires new residential washing machines to be capable of filtering microfibers; or

(B) A state bordering Washington requires new residential washing machines to be capable of filtering microfibers, and the department determines that there will be a significant market for residential washing machines with such a capability; and

(ii)(A) The costs associated with adopting such a requirement will not result in an increase in the median retail price of new residential washing machines sold in Washington of more than 10 percent; or

(B) The median cost, to the manufacturer or as determined based on the impact on the retail price of a new residential washing machine of adding in-line filtration, is under $70.

(b) A rule adopted under this subsection (2) may take effect no sooner than 365 days after the adoption of the rule. The department may not start a rule making under this subsection prior to July 1, 2030.

(3) A person that owns or operates a commercial washing machine or industrial washing machine not subject to the requirements of subsection (1) of this section must equip the washing machine with a functioning microfiber filtration system by no later than July 1, 2034.

(4) A person that owns or operates a commercial washing machine or industrial washing machine that contains or is equipped with a functioning microfiber filtration system must ensure that the filter is checked regularly and functional, and captured lint disposed of in a solid waste collection container.

(2) The department may issue a corrective action order to a person in violation of requirements specified in section 3 of this act including, but not limited to, any action that results in discharges of microfibers.

(3) A person violating a requirement of this chapter, a rule issued 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. Repeat violations are subject to a civil penalty not to exceed $10,000 for each repeat offense.

(4) 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.

(5) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.

Sec. 5. RCW 43.21B.110 and 2025 c 327 s 1, 2025 c 319 s 6, 2025 c 316 s 301, 2025 c 314 s 13, 2025 c 311 s 7, and 2025 c 58 s 1008 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 RCW:

(a) Civil penalties imposed pursuant to chapter 70A.230 RCW and RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.205.740, 70A.205.280, 70A.205.545, 70A.355.070, 70A.430.070, 70A.500.260, ((70A.505.100, 70A.505.110,)) 70A.530.040, 70A.350.070, 70A.515.060, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.455.090, 70A.535.180, 70A.550.030, 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, section 3 of this act, 76.04.205, 76.09.170, 77.55.440, 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, 18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 70A.15.6010, 70A.205.740, 70A.205.280, 70A.214.140, 70A.300.120, 70A.350.070, 70A.245.020, 70A.65.200, 70A.535.180, ((70A.505.100,)) 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, section 3 of this act, 86.16.020, 88.46.070, 90.03.665, 90.14.130, 90.46.250, 90.48.120, 90.48.240, 90.56.330, and 90.64.040.

(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, a decision to approve or deny a solid waste management plan under RCW 70A.205.055, approval or denial of an application for a beneficial use determination under RCW 70A.205.260, an application for a change under RCW 90.03.383, or a permit to distribute reclaimed water under RCW 90.46.220.

(d) Decisions of local health departments regarding the granting or denial of solid waste permits pursuant to chapter 70A.205 RCW, including appeals by the department as provided in RCW 70A.205.130.

(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.

(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 as provided in RCW 90.64.028.

(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, 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 products or to temporarily exclude types of products in plastic containers from minimum postconsumer recycled content requirements.

(o) Orders by the department of ecology under RCW 70A.455.080.

(p) Decisions by the department of ecology under RCW 70A.208.150(5) regarding a proposal by a producer responsibility organization to count materials sent to an alternative recycling facility towards recycling performance targets.

(q) Decisions of the department of natural resources under RCW 76.04.205.

(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, except where appeals to the pollution control hearings board and appeals to the shorelines hearings board have been consolidated pursuant to RCW 43.21B.340.

(b) Hearings conducted by the department pursuant to RCW 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 70A.15.3110, 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.

(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. 6. RCW 43.21B.300 and 2025 c 316 s 302 and 2025 c 58 s 3008 are each reenacted and amended to read as follows:

(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.430.070, 70A.455.090, 70A.500.260, ((70A.505.110,)) 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, section 3 of this act, 86.16.081, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, 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 30 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 30 days after the date of receipt by the person penalized of the notice imposing the penalty or 30 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) 30 days after receipt of the notice imposing the penalty;

(b) 30 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) 30 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 30 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 30 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 the following:

(a) Penalties imposed pursuant to RCW 18.104.155 must be credited to the reclamation account as provided in RCW 18.104.155(7);

(b) Penalties imposed pursuant to RCW 70A.15.3160 must be disposed of pursuant to RCW 70A.15.3160;

(c) Penalties imposed pursuant to RCW 70A.230.080, 70A.300.090, 70A.430.070, 70A.555.110, 70A.560.020, and 70A.565.030 must be credited to the model toxics control operating account created in RCW 70A.305.180;

(d) Penalties imposed pursuant to RCW 70A.245.040, 70A.245.050, and chapter 70A.208 RCW must be credited to the recycling enhancement account created in RCW 70A.245.100;

(e) Penalties imposed pursuant to RCW 70A.500.260 must be deposited into the electronic products recycling account created in RCW 70A.500.130;

(f) Penalties imposed pursuant to RCW 70A.65.200 must be credited to the climate investment account created in RCW 70A.65.250;

(g) Penalties imposed pursuant to RCW 90.56.330 must be credited to the coastal protection fund established in RCW 90.48.390; and

(h) Penalties imposed pursuant to RCW 70A.355.070 must be credited to the underground storage tank account created in RCW 70A.355.090.

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