Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. (1) In addition to the findings described in RCW 70A.555.005, the legislature finds that:

(a) In 2023, the legislature enacted producer responsibility requirements for most types of smaller and medium-sized batteries, but elected to further study how to best manage electric vehicle batteries prior to establishing producer responsibility requirements for such batteries;

(b) In January 2024, the state of New Jersey enacted the nation's first producer responsibility law focused on electric vehicle batteries;

(c) The state of California has taken important steps that will facilitate electric vehicle battery recycling, including by establishing requirements for electric vehicle battery labeling;

(d) The electric vehicle battery value chain is dynamic, with batteries changing hands through original equipment manufacturers or battery producers, secondary handlers, and secondary users; and

(e) Specialized battery recyclers play a critical role in supporting producers, secondary handlers, and secondary users by ensuring responsible recycling and material recovery from vehicle propulsion batteries, while contributing to critical mineral security and strengthening the domestic supply chain.

(2) Therefore, it is the intent of the legislature to establish a framework for the responsible management of electric vehicle batteries to ensure economically and environmentally beneficial use of the valuable resources contained in electric vehicle batteries.

(1) "Auto recycler" means a person engaged in Washington in an established business that includes acquiring vehicles that are required to be registered under chapter 46.16A RCW for the purpose of dismantling, wrecking, shredding, compacting, crushing, or otherwise destroying vehicles for reclaimable parts or scrap material to sell including, but not limited to, scrap metal business license holders under chapter 19.290 RCW. "Auto recycler" shall be considered a secondary handler under this chapter when managing propulsion batteries. "Auto recycler" includes vehicle wreckers.

(2) "Battery" means a device consisting of one or more electrically connected electrochemical cells that is designed to receive, store, and deliver electric energy.

(3)(a) "Battery provider" means:

(i) A person that initially sells, offers for sale, or distributes a new propulsion battery or a vehicle containing a new propulsion battery in or into Washington, including vehicle manufacturers licensed pursuant to applicable state laws or propulsion battery manufacturers that distribute propulsion batteries under their own name or brand;

(ii) The owner or licensee of a brand or trademark under which a new propulsion battery is sold or distributed in or into Washington, including a licensee with the exclusive right to use the trademark or brand in connection with the distribution or sale of new propulsion batteries;

(iii) If no person meets the criteria set forth in (a)(i) or (ii) of this subsection, a battery provider is the person that imports the new propulsion battery into the state for sale, distribution, or installation;

(iv) If no person meets the criteria set forth in (a)(i), (ii), or (iii) of this subsection, the distributor, retailer, dealer, or wholesaler that sells or distributes the new propulsion battery in or into Washington. The sale of a propulsion battery is considered to occur in Washington if the battery, or the vehicle containing the battery, is delivered to a licensed dealer or directly to the consumer in Washington; and

(v) For a battery that has been changed from its intended purpose to a new purpose, such as repurposing a propulsion battery to an energy storage battery, the responsible party is the secondary handler or secondary user that changed the battery's purpose.

(b) "Battery provider" does not include:

(i) A secondary handler who sells, offers for sale, or distributes a used or reused propulsion battery in or into the state for use in a vehicle; or

(ii) A vehicle wrecker.

(4) "Battery state of health" means a figure of merit, measured in kilowatt-hours or percentage of remaining kilowatt-hours as compared to its initial capacity, comparing the propulsion battery's remaining energy retention capacity to its original specifications when it was new.

(5)(a) "Certified battery recycler" means an entity or facility that is authorized by the department or an equivalent agency in another jurisdiction and performs one or both of the following:

(i) Extracts and separates materials from vehicle end-of-life vehicle propulsion batteries including, but not limited to, metals, compounds, or intermediate fractions; or

(ii) Refines vehicle end-of-life vehicle propulsion batteries or battery materials back to usable materials.

(b) "Certified battery recycler" does not include entities that are only engaged in the collection or logistics of moving materials for recycling or whose primary method of battery recycling is done by smelting.

(6) "Commercial hauler" means a person transporting solid waste for hire by whatever means for the purpose of transferring, processing, storing, or disposing of the solid waste in a solid waste handling facility, except that "commercial hauler" does not include a person transporting solid waste generated on the person's residential or business premises for the purpose of disposing of it in a solid waste handling facility.

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

(8) "Orphaned battery" means a propulsion battery that does not have a viable battery provider or other responsible entity under this chapter.

(9)(a) "Propulsion battery" means a battery with the primary original intended purpose of supplying power to propel an electric or hybrid vehicle.

(b) "Propulsion battery" does not include:

(i) An auxiliary battery or other low voltage battery providing backup or secondary power in a vehicle;

(ii) A battery used to start an internal combustion engine;

(iii) A battery subject to the provisions of RCW 70A.205.505 through 70A.205.530.

(10) "Propulsion battery management hierarchy" means a hierarchy of propulsion battery management wherein the entity in possession of the battery must first strive to reuse, repair, or remanufacture a battery when possible and cost-effective. When it is not possible or cost-effective, that entity must ensure that the battery is either repurposed or recycled. If a battery can no longer be cost-effectively used in any application, that entity must ensure the battery is recycled.

(11)(a) "Recycling" means transforming or remanufacturing battery materials into usable or marketable materials for use other than:

(i) Combustion;

(ii) Incineration;

(iii) Energy generation;

(iv) Fuel production; or

(v) Beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover.

(b) For purposes of (a) of this subsection, transforming or remanufacturing can include pyrometallurgical or heat processes.

(12) "Remanufacture" means a significant repair or modification to a propulsion battery that results in the complete battery, or any battery modules or battery cells in the propulsion battery, being used for the same purpose or application for which the battery was originally designed. For purposes of this subsection (12), the following are significant repairs or modifications:

(a) The removal or opening of the pack case or housing cover; or

(b) The alteration of any data ports or connection ports on the propulsion battery pack.

(13) "Repurpose" means the use of a propulsion battery or any battery modules or battery cells in the propulsion battery to store and supply electricity in a manner other than its primary intended purpose.

(14) "Reuse" means the use of a propulsion battery in another vehicle, which does not require modification to the battery.

(15) "Secondary handler" means a commercial entity that takes possession of a used propulsion battery:

(a) To auction, sort, reuse, repair, or remanufacture; or

(b) To prepare the battery for:

(i) Repurposing by a secondary user; or

(ii) Vehicle end-of-life management by a certified battery recycler.

(16) "Secondary user" means an entity that repurposes a used propulsion battery.

(17) "Solid waste" has the same meaning as provided in RCW 70A.205.015.

(18) "Solid waste collection company" has the same meaning as defined in RCW 81.77.010.

(19) "Solid waste handling facility" means a facility that engages in solid waste handling as that activity is defined in RCW 70A.205.015.

(20) "Vehicle" has the same meaning as in RCW 46.04.670.

(21) "Vehicle end-of-life" means the stage at which a reused, repaired, remanufactured, repurposed, or the original propulsion battery is no longer suitable for its primary intended purpose, such as powering a vehicle.

(21) "Vehicle wrecker" has the same meaning as in RCW 46.80.010.

(2) Beginning June 1, 2029, a solid waste collection company or solid waste handling facility must not knowingly accept for eventual landfill or incineration disposal a propulsion battery, or any module or cell of such a battery, or a truckload or roll-off container of solid waste containing a propulsion battery, or any module or cell of such a battery.

(3) The owner or operator of a solid waste handling facility may refuse to accept for disposal a propulsion battery, or any module or cell of such a battery, or any truckload or roll-off container of solid waste containing a propulsion battery, or any module or cell of such a battery.

(2) For a propulsion battery that is unable to be further reused, repurposed, or remanufactured, a secondary handler or secondary user shall coordinate with a certified battery recycler for management to ensure compliance with the requirements of this chapter. When a battery provider acts as a secondary handler or secondary user, the battery provider is subject to the responsibilities of a secondary handler or secondary user pursuant to this section.

(3) If a secondary handler remanufactures a propulsion battery, the secondary handler must provide updated labeling or other means of communication that identifies the secondary handler as the responsible entity for the remanufactured battery in a vehicle, prior to selling or supplying the battery or a vehicle containing the battery to another person. A secondary handler becomes responsible for ensuring batteries are handled in accordance with this chapter when the secondary handler remanufactures a propulsion battery.

(4) By January 1, 2026, each secondary handler or commercial secondary user must register with the department. On or before April 1, 2029, and by April 1st of each year thereafter, each secondary handler and commercial secondary user shall submit an annual report to the department containing the following information regarding the secondary handler's or secondary user's operations for the prior calendar year, if applicable:

(a) The total volume of propulsion batteries each secondary handler or secondary user procured;

(b) Identification of all auto recyclers involved in propulsion battery collections;

(c) A brief overview of methods used to transport used propulsion batteries;

(d) The total volume of propulsion batteries reused;

(e) A brief overview of processes used for reuse of propulsion batteries;

(f) The total volume of propulsion batteries repurposed;

(g) A brief overview of processes used to repurpose propulsion batteries;

(h) The total volume of propulsion batteries remanufactured;

(i) A brief overview of processes used to remanufacture propulsion batteries;

(j) The total volume of propulsion batteries sent to a certified battery recycler;

(k) The volume of batteries that secondary handlers and secondary users contacted battery providers to pick up;

(l) An attestation, supported by documentation, that the secondary handler or secondary user has managed all propulsion batteries through reuse, remanufacture, repurpose, or responsible recycling meeting the requirements of this chapter, and that managed batteries have not knowingly been subject to prohibited landfilling, incineration, or smelting under this chapter; and

(m) Other information required by the department by rule.

(5)(a) A certified battery recycler may submit the report required under this section on behalf of a secondary handler or secondary user for which they have received propulsion batteries, provided the report includes all required data from those entities.

(b) An auto recycler is not required to report under this section for propulsion batteries returned to battery providers or for propulsion batteries that are placed into a vehicle without being modified in any way.

(6) Upon taking possession of a propulsion battery, a secondary handler or secondary user must manage the propulsion battery in accordance with the propulsion battery management hierarchy.

(2) A battery provider shall:

(a) Upon receiving notification from an auto recycler or other person regarding a propulsion battery that the person intends to discard, be responsible for retrieving the battery in a timely and safe manner and be responsible for all costs of collecting and transporting the battery at no cost to the auto recycler or other person;

(b) Ensure the responsible vehicle end-of-life management of a propulsion battery that is:

(i) Removed from a vehicle still in service while under warranty, in accordance with state and federal laws; or

(ii) Returned directly to the battery provider; and

(c) Coordinate with certified battery recyclers for the responsible vehicle end-of-life management of propulsion batteries to ensure compliance with this chapter.

(3)(a) The rules adopted by the department must include a process for certifying battery recyclers, a reasonable standard of review, and the ability for entities to cure identified deficiencies and be reevaluated for certification. The process must include, but is not limited to, the following:

(i) Requiring qualified battery recyclers to demonstrate that employees undergo mandatory safety training. The department may require, develop, or select appropriate training modules for this purpose or may allow a recycler to submit its own safety training plan for approval;

(ii) Requiring certified battery recyclers to demonstrate that they meet all applicable rules and regulations regarding environmental protection, worker health, and public health;

(iii) Developing recovery rate criteria of metals and other materials, as appropriate, used in propulsion batteries, including recovery targets for key active minerals used in propulsion batteries, based off of the annual reporting by certified battery recyclers after the fifth annual reporting year; and

(iv) Establishing reassessment of recovery rate guidance and recertification time frames every five years.

(b) A person may appeal a decision to certify a battery recycler under this subsection to the pollution control hearings board.

(4) A battery provider shall ensure that a propulsion battery, other than a hybrid-electric battery, sold in Washington while embedded in a vehicle shall have easily interpretable and accessible battery state of health data:

(a) While the battery is inside the vehicle; and

(b) When the battery has been removed from the vehicle for the purpose of facilitating the potential reuse, repurposing, or remanufacture of the battery.

(5) For the purpose of facilitating the potential reuse, repurposing, or remanufacture of a battery other than any hybrid vehicle battery, a battery provider must either, in conjunction with the accessible battery state of health information under subsection (4) of this section or upon request by a secondary handler or secondary user, make available to a secondary handler or secondary user data regarding a battery's temperature, voltage, charging rates, and faults, to the maximum extent practicable. For purposes of complying with the requirements of this subsection, a battery provider has the option to either provide the required information directly to a secondary handler or secondary user or may choose to allow a licensed tool or testing company to provide the service to the secondary handler or secondary user.

(6) A battery provider ceases to be the responsible entity for a remanufactured or repurposed propulsion battery unless the battery provider has performed the remanufacturing or repurposing or has agreed to accept responsibility for the remanufactured or repurposed propulsion battery by contract.

(7) If a vehicle containing a propulsion battery originally sold in Washington is retired out of state, it is not subject to the requirements of this chapter.

(8) On or before April 1, 2030, and by April 1st of each year thereafter, each battery provider shall submit an annual report to the department containing the following information regarding the battery provider's operations for the prior calendar year:

(a) The total volume of propulsion batteries managed at vehicle end-of-life;

(b) The total volume of propulsion batteries managed by certified battery recyclers in accordance with this chapter;

(c) The total volume of propulsion batteries procured in the following categories:

(i) Batteries acquired from auto recyclers;

(ii) Batteries acquired from secondary handlers; and

(iii) Batteries procured from other sources;

(d) The total volume of propulsion batteries each battery provider procured;

(e) A brief overview of methods used to transport used propulsion batteries;

(f) An attestation, supported by documentation, that the battery provider has managed all propulsion batteries through reuse, remanufacture, repurpose, or responsible recycling meeting the requirements of this chapter, and that managed batteries have not knowingly been subject to prohibited landfilling, incineration, or smelting under this chapter; and

(g) Other information required by the department by rule.

(9) A specialized battery recycler may submit the report required under this section on behalf of a battery provider for which they have received propulsion batteries, provided the report includes all required data from those entities.

(10) Nothing in this chapter requires a battery that can no longer be used as a propulsion battery to be treated as waste for purposes of chapter 70A.205 or 70A.300 RCW, but nothing in this chapter exempts an entity from applicable requirements under chapter 70A.300 RCW.

(1) The total volume of propulsion batteries the certified battery recycler has procured;

(2) The total volume of propulsion batteries recycled or repurposed;

(3) The recovery rates of metals, such as lithium, nickel, cobalt, copper, and aluminum graphite, and other materials, as applicable; and

(4) Other information required by the department by rule.

(1) Arrange for the return or pickup of the propulsion battery or the vehicle containing the vehicle propulsion battery to the responsible entity or notify the responsible entity and coordinate timely and safe pickup of the battery to be done by the responsible entity; or

(2) Sell or transfer the propulsion battery or the vehicle containing the vehicle propulsion battery to a secondary handler, secondary user, or certified battery recycler.

(1) Notify secondary handlers, secondary users, commercial haulers, and solid waste handling facilities of the prohibition on disposing of propulsion batteries in landfills and that auto recyclers can contact the responsible entity to take responsibility for the propulsion batteries;

(2) Determine how to proceed if the federal government enacts laws or publishes regulations pertaining to propulsion batteries that may impact the requirements outlined in this chapter and review, evaluate, and compare the federal requirements to those provided for in this act;

(3) Revise applicable administrative rules to ensure compliance with federal standards and achieve greater efficiency and feasibility; and

(4) Determine and enforce violations and penalties for battery providers, certified battery recyclers, secondary handlers, and secondary users that violate the provisions of this chapter or fail to meet the requirements outlined in this chapter.

(2) A fee may not be charged at the time a propulsion battery is delivered to a battery provider, secondary handler, or secondary user for management.

(2) By March 31, 2027, and each March 31st thereafter, the department must determine the total annual registration fee to be paid by each battery provider that is adequate to cover, but not exceed, the costs to implement, administer, and enforce this chapter in the next fiscal year. The department must consider the availability of any funds submitted under subsection (1) or (3) of this section in determining the annual registration fee, and must:

(a) Apply any remaining fee payment funds from the current year to the annual fee for the coming fiscal year, if the collected annual fee exceeds the costs of the department to implement, administer, and enforce this chapter for a given year; and

(b) Increase annual fees for the coming fiscal year to cover the costs of the department to implement, administer, and enforce this chapter, if the collected annual fee was less than the amount required to cover those costs for a given year.

(3) By June 30, 2027, and each June 30th thereafter, each battery provider must submit an annual registration fee in an amount consistent with the department's fee determination under subsection (2) of this section.

(4) Fees received under this section must be deposited in the electric vehicle battery recycling account created in section 12 of this act.

(b) The department may administratively impose a civil penalty of up to $10,000 per violation per day on a person for repeated violations of this chapter or failure to comply with an order issued under (c) of this subsection.

(c) Whenever on the basis of any information the department determines that a person has violated or is in violation of this chapter, the department may issue an order requiring compliance. A person who fails to take corrective action as specified in a compliance order is liable for a civil penalty as provided in (b) of this subsection, without receiving a written warning prescribed in (e) of this subsection.

(d) Penalties and orders incurred under this section may be appealed to the pollution control hearings board created in chapter 43.21B RCW.

(e) Prior to imposing penalties under this section, the department must provide a person with a written warning for the first violation. The written warning must inform the person regarding the obligation to come into compliance with the requirements of this chapter within 30 days of the notice. A person that violates a provision of this chapter after the initial warning may be assessed a penalty as provided in this section.

(f) Penalties imposed under this section must be deposited into the model toxics control operating account created in RCW 70A.305.180.

(2) The department has the right to enter, at any time during normal business hours and upon presentation of appropriate credentials, the premises of a recycling center, vehicle recycler, or battery provider to determine compliance with this chapter.

(2) Under rules adopted by the department, the requirements of this chapter must begin on January 1, 2029, except as otherwise specified in this chapter.

(3)(a) Under rules adopted by the department, registration and reporting requirements applicable to battery providers, secondary users, secondary handlers, and auto recyclers must all rely on a standardized online form made available by the department to reporting entities.

(b) A battery provider who is also acting as a secondary handler or secondary user can file a single registration and annual report that meets all the requirements laid out in this chapter.

(c) Reports to the department must include propulsion batteries that are shipped out of Washington, including for export to other countries.

(d) To the maximum extent practicable while giving consideration to the goals of this chapter, the department must establish recordkeeping and reporting requirements that are consistent with programs implemented by the federal environmental protection agency or in other states, and that minimize compliance costs and regulatory burdens for regulated parties.

(4) By July 1, 2030, and every three years thereafter, the department must conduct a study to determine whether there is evidence of abandonment of orphaned batteries leading to environmental and health and safety hazards and analyze any trends in the prevalence of orphaned batteries. The department may consider and rely on similar analysis of orphaned batteries carried out in other states. The department must post the results of its findings on its internet website. If determined necessary by the department, the department must revise rules adopted under this chapter to include requirements for battery providers, secondary handlers, and secondary users to address the issue of orphaned batteries.

Sec. 15. RCW 43.21B.110 and 2024 c 347 s 5, 2024 c 340 s 4, and 2024 c 339 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 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.230.020, 70A.205.280, 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.550.030, 70A.555.110, 70A.560.020, 70A.565.030, section 13 of this act, 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.205.280, 70A.214.140, 70A.300.120, 70A.350.070, 70A.245.020, 70A.65.200, 70A.505.100, 70A.555.110, 70A.560.020, 70A.565.030, section 13 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 covered products or to temporarily exclude types of covered products in plastic containers from minimum postconsumer recycled content requirements.

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

(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. 16. RCW 43.21B.300 and 2024 c 347 s 6 and 2024 c 340 s 5 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.565.030, section 13 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, ((and)) 70A.560.020, and section 13 of this act 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 and 70A.245.050 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.

Sec. 17. RCW 70A.205.505 and 2020 c 20 s 1197 are each amended to read as follows:

(1) No person may knowingly dispose of a vehicle battery except by delivery to: A person or entity selling lead acid batteries, a person or entity authorized by the department to accept the battery, or to a secondary lead smelter.

(2) No owner or operator of a solid waste disposal site shall knowingly accept for disposal used vehicle batteries except when authorized to do so by the department or by the federal government.

(3) Any person who violates this section shall be subject to a fine of up to ((one thousand dollars))$1,000. Each battery will constitute a separate violation. Nothing in this section and RCW 70A.205.510 through 70A.205.530 shall supersede the provisions under chapter 70A.300 RCW.

(4) ((For purposes of this section and RCW 70A.205.510 through 70A.205.530, "vehicle))The definitions in this subsection apply throughout this section and RCW 70A.205.510 through 70A.205.530 unless the context clearly requires otherwise.

(a) "Vehicle battery" means batteries capable for use in any vehicle, having a core consisting of elemental lead, and a capacity of six or more volts; and

(b) "Vehicle battery" does not include a "propulsion battery" as defined in section 2 of this act.

Sec. 18. RCW 70A.555.010 and 2023 c 434 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)(a) "Battery-containing product" means a product that contains or is packaged with rechargeable or primary batteries that are covered batteries.

(b) A "battery-containing product" does not include a covered electronic product under an approved plan implemented under chapter 70A.500 RCW.

(2) "Battery management hierarchy" means a management system of covered batteries prioritized in descending order as follows:

(a) Waste prevention and reduction;

(b) Reuse, when reuse is appropriate;

(c) Recycling, as defined in this chapter; and

(d) Other means of end-of-life management, which may only be utilized after demonstrating to the department that it is not feasible to manage the batteries under the higher priority options in (a) through (c) of this subsection.

(3) "Battery stewardship organization" means a producer that directly implements a battery stewardship plan required under this chapter or a nonprofit organization designated by a producer or group of producers to implement a battery stewardship plan required under this chapter.

(4) "Collection rate" means a percentage, by weight, that a battery stewardship organization collects that is calculated by dividing the total weight of primary and rechargeable batteries collected during the previous calendar year by the average annual weight of primary and rechargeable batteries that were estimated to have been sold in the state by all producers participating in an approved battery stewardship plan during the previous three calendar years.

(5)(a) "Covered battery" means a portable battery or, beginning January 1, 2029, a medium format battery.

(b) "Covered battery" does not include:

(i) A battery contained within a medical device, as specified in Title 21 U.S.C. Sec. 321(h) as it existed as of July 23, 2023, that is not designed and marketed for sale or resale principally to consumers for personal use;

(ii) A battery that contains an electrolyte as a free liquid;

(iii) A lead acid battery weighing greater than 11 pounds;

(iv) A battery subject to the provisions of RCW 70A.205.505 through 70A.205.530; ((and))

(v) A battery in a battery-containing product that is not intended or designed to be easily removable from the battery-containing product; and

(vi) A "propulsion battery" as defined in section 2 of this act.

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

(7) "Easily removable" means designed by the manufacturer to be removable by the user of the product with no more than commonly used household tools.

(8) "Environmentally sound management practices" means practices that: (a) Comply with all applicable laws and rules to protect workers, public health, and the environment; (b) provide for adequate recordkeeping, tracking, and documenting of the fate of materials within the state and beyond; and (c) include comprehensive liability coverage for the battery stewardship organization, including environmental liability coverage that is commercially practicable.

(9) "Final disposition" means the final processing of a collected battery to produce usable end products, at the point where the battery has been reduced to its constituent parts, reusable portions made available for use, and any residues handled as wastes in accordance with applicable law.

(10)(a) "Large format battery" means:

(((a)))(i) A rechargeable battery that weighs more than 25 pounds or has a rating of more than 2,000 watt-hours; or

(((b)))(ii) A primary battery that weighs more than 25 pounds.

(11) "Medium format battery" means the following primary or rechargeable covered batteries:

(a) For rechargeable batteries, a battery weighing more than 11 pounds or has a rating of more than 300 watt-hours, or both, and no more than 25 pounds and has a rating of no more than 2,000 watt-hours;

(b) For primary batteries, a battery weighing more than 4.4 pounds but not more than 25 pounds.

(12) "Portable battery" means the following primary or rechargeable covered batteries:

(a) For rechargeable batteries, a battery weighing no more than 11 pounds and has a rating of no more than 300 watt-hours;

(b) For primary batteries, a battery weighing no more than 4.4 pounds.

(13) "Primary battery" means a battery that is not capable of being recharged.

(14)(a) "Producer" means the following person responsible for compliance with requirements under this chapter for a covered battery or battery-containing product sold, offered for sale, or distributed in or into this state:

(i) For covered batteries:

(A) If the battery is sold under the brand of the battery manufacturer, the producer is the person that manufactures the battery;

(B) If the battery is sold under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner;

(C) If there is no person to which (a)(i)(A) or (B) of this subsection applies, the producer is the person that is the licensee of a brand or trademark under which the battery is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state;

(D) If there is no person described in (a)(i)(A) through (C) of this subsection within the United States, the producer is the person who is the importer of record for the battery into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the battery in this state;

(E) If there is no person described in (a)(i)(A) through (D) of this subsection with a commercial presence within the state, the producer is the person who first sells, offers for sale, or distributes the battery in or into this state.

(ii) For covered battery-containing products:

(A) If the battery-containing product is sold under the brand of the product manufacturer, the producer is the person that manufactures the product;

(B) If the battery-containing product is sold under a retail brand or under a brand owned by a person other than the manufacturer, the producer is the brand owner;

(C) If there is no person to which (a)(ii)(A) or (B) of this subsection applies, the producer is the person that is the licensee of a brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state;

(D) If there is no person described in (a)(ii)(A) through (C) of this subsection within the United States, the producer is the person who is the importer of record for the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the product in this state;

(E) If there is no person described in (a)(ii)(A) through (D) of this subsection with a commercial presence within the state, the producer is the person who first sells, offers for sale, or distributes the product in or into this state;

(F) A producer does not include any person who only manufactures, sells, offers for sale, distributes, or imports into the state a battery-containing product if the only batteries used by the battery-containing product are supplied by a producer that has joined a registered battery stewardship organization as the producer for that covered battery under this chapter. Such a producer of covered batteries that are included in a battery-containing product must provide written certification of that membership to both the producer of the covered battery-containing product and the battery stewardship organization of which the battery producer is a member.

(b) A person is the "producer" of a covered battery or covered battery-containing product sold, offered for sale, or distributed in or into this state, as defined in (a) of this subsection, except where another party has contractually accepted responsibility as a responsible producer and has joined a registered battery stewardship organization as the producer for that covered battery or covered battery-containing product under this chapter.

(15) "Program" means a program implemented by a battery stewardship organization consistent with an approved battery stewardship plan.

(16) "Rechargeable battery" means a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, designed to be recharged.

(17) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than:

(a) Combustion;

(b) Incineration;

(c) Energy generation;

(d) Fuel production; or

(e) Beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover.

(18) "Recycling efficiency rate" means the ratio of the weight of covered battery components and materials recycled by a program operator from covered batteries to the weight of those covered batteries collected by the program operator.

(19) "Retailer" means a person who sells covered batteries or battery-containing products in or into this state or offers or otherwise makes available covered batteries or battery-containing products to a customer, including other businesses, for use by the customer in this state.

(20) "Urban area" means an area delineated by the United States census bureau, based on a minimum threshold of 2,000 housing units or 5,000 people, as of January 1, 2023.

Correct the title.