wa-law.org > bill > 2025-26 > HB 1420 > Second Substitute
The intent of this chapter is to establish a better understanding of current and needed systems for managing textiles and apparel, with a goal of providing information that may be useful to the potential future adoption of a statewide extended producer responsibility program for apparel and textile articles that emphasizes repair and reuse, and minimizes hazardous waste, greenhouse gases, environmental impacts, negative environmental justice impacts, and negative public health impacts. It is not the intent of the legislature that the definitions, processes, or needs assessment carried out under this act be determinative of decisions by a future legislature regarding how to structure or right-size a potential future extended producer responsibility program.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
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"Apparel" means clothing and accessory items intended for regular wear or formal occasions and indoor and outdoor activities.
"Apparel" includes, but is not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, swimwear, formal wear, onesies, bibs, footwear, handbags, backpacks, knitted and woven accessories, jackets, coats, snow pants, ski pants, uniforms, and workwear.
"Apparel" does not include the following:
Personal protective equipment worn to protect the wearer from health or environmental hazards;
Personal protective equipment or clothing items for use by the United States military; or
Disposable or reusable products designed to collect and absorb urine and feces, or disposable or reusable products regulated by the United States food and drug administration that are designed to collect and absorb menstruation or vaginal discharge.
"Authorized collector" means a person or entity that has entered into an agreement with a textile and apparel coordinating organization to collect covered products.
"Authorized sorter" means a person or entity that has entered into an agreement with a textile and apparel coordinating organization to sort covered products collected by authorized collectors.
"Brand" means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered product and identifies the owner or licensee of the brand.
"Collection site" means a permanent or temporary location operated by an authorized collector at which covered products are collected and prepared for transport in accordance with the requirements of this chapter.
"Consumer" means an owner of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, renter, or lessee of a covered product who is not, as to that covered product, the distributor, importer, producer, recycler, retailer, or textile and apparel coordinating organization.
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"Covered product" means an apparel or textile article introduced into the state.
"Covered product" does not include a secondhand or reused covered product.
"Department" means the department of ecology.
"Distributor" means a company that has a contractual relationship with one or more producers to market and sell covered products to a retailer.
"Government entity" has the same meaning as in RCW 70A.208.020.
"Importer" means either:
A person qualifying as an importer of record for purposes of 19 U.S.C. Sec. 1484(a)(2)(B), as it existed as of January 1, 2025, with regard to the import of a covered product that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States; or
A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered product for use in the state that was manufactured or assembled by a company physically located outside of the state.
"Introduce" means to sell, rent, offer for sale, distribute, or ship a product within or into this state.
"Online marketplace" means a consumer-directed, electronically accessed platform for which all of the following are true:
The platform includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, rental, purchase, payment, storage, shipping, or delivery of a covered product in this state;
The features described in (a) of this subsection are used by third-party sellers; and
The platform has a contractual relationship with consumers governing their use of the platform to purchase consumer products.
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"Producer" means:
A person who manufactures a covered product and owns or is the licensee of the brand or trademark under which that covered product is introduced in or into the state;
If there is no person in Washington who is the producer for purposes of (a)(i) of this subsection, the producer of the covered product is the owner of a brand or trademark or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the covered product is sold, imported for sale, offered for sale, or distributed for sale in or into the state, regardless of whether the trademark is registered. For purposes of this subsection, an exclusive licensee is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered product;
If there is no person in the state who is the producer for purposes of (a)(i) or (ii) of this subsection, then the producer of the covered product is the person that imports the covered product into the state for sale or distribution;
If there is no other person in the state who is the producer for purposes of (a)(i), (ii), or (iii) of this subsection, the producer of the covered product is the distributor, retailer, or wholesaler who introduces the product in or into the state; or
A person is the producer of a covered material introduced in or into this state, as defined in (a)(i) through (iv) of this subsection, except where another person has mutually signed an agreement with a producer as defined in (a)(i) through (iv) of this subsection that contractually assigns responsibility to the person as the producer, and the person has joined a registered textile and apparel coordinating organization as the responsible producer for that covered material under this chapter. If another person is assigned responsibility as the producer under this subsection, the producer under (a)(i) through (v) of this subsection must provide written certification of that contractual agreement to the textile and apparel coordinating organization;
For purposes of this chapter, the sale of a covered product must be deemed to occur in the state if the covered product is delivered to the consumer in the state;
"Producer" does not include:
ii.(A) A seller with less than $1,000,000 in annual aggregate global turnover as annually adjusted for inflation. The department must use the consumer price index for urban wage earners to calculate the annual rate of inflation adjustment effective January 1st of each year.
(B) The aggregate global turnover of a producer must be calculated by adding together the respective turnovers of all of the following:
(I) The producer concerned;
(II) Those entities in which the producer is concerned directly or indirectly, through ownership of more than one-half of the capital or business assets, through the power to exercise more than one-half of the voting rights, through the power to appoint more than one-half of the members of the supervisory board, the administrative board, or bodies legally representing the undertakings, or through the right to manage the entities' affairs;
(III) Those entities that have the rights or powers identified in (c)(ii)(B)(II) of this subsection;
(IV) Those entities in which an entity referred to in (c)(ii)(B)(III) of this subsection has the rights or powers listed in (c)(ii)(B)(II) of this subsection; or
(V) Those entities in which two or more entities referred to in (c)(ii)(B)(I) through (IV) of this subsection jointly have the rights or powers listed in (c)(ii)(B) of this subsection.
"Producer responsibility organization" means:
A nonprofit organization that qualifies for a tax exemption under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code and is designated by a producer or group of producers to implement an extended producer responsibility program established by a future legislature for apparel and textiles; or
A producer that registers with the department as a producer responsibility organization and implements an extended producer responsibility program addressing the apparel and textiles of the producer.
"Repair" means any alteration or improvement of damaged covered product including, but not limited to:
Redesigning and repurposing;
Mending rips, holes, seams, or hems or other tailoring;
Removing and repairing surface damage, such as pilling, stain removal, or abrasion;
Securing and reattaching buttons and other fastenings;
Dyeing, redyeing, overdyeing, or printing of images on covered products; or
Preparation for reuse, rental, and resale.
"Responsible market" means an entity that:
Prepares for reuse, resale, rental or repurpose, or first produces and sells, transfers, or uses recycled, reused, or repaired product or recycled content feedstock that meets the quality standards necessary to be used in the creation of new or reconstituted products;
Complies with all applicable federal, state, and local statutes, rules, ordinances, and other laws governing environmental, health, safety, and financial responsibility;
If the market operates in the state, manages waste according to the state's solid waste management hierarchy established in RCW 70A.205.005(8); and
Meets the minimum operational standards adopted under a textile and apparel coordinating organization plan to protect the environment, public health, worker health and safety, and minimize adverse impacts to socially vulnerable populations.
"Responsible producer" means a producer that is not excluded under subsection (14)(c) of this section.
"Retailer" means a person who introduces a covered product in or into the state to a person through any means including, but not limited to, sales or rental outlets, catalogs, the telephone, the internet, or any electronic means.
"Reuse" means the resale or rental of a covered product to a consumer for its original intended use with or without repair.
"Secondhand covered product" means any covered product that has previously been owned.
"Secondhand markets" means a retailer who sells or rents secondhand covered products including, but not limited to, thrift stores, collection site operators, online resale platforms, consignment shops, and flea markets.
"Socially vulnerable population" includes:
Any person residing in a census tract that contains a high overall social vulnerability index as measured using the United States centers for disease control and prevention's and the agency for toxic substances and disease registry's social vulnerability index, as it existed as of January 1, 2025, for the most recent year such data are available; or
Any person who has an income below the minimum necessary for a household based on family composition in a given geography to adequately meet their basic needs without public or private assistance, as measured by the University of Washington's center for women's welfare, for the most recent year such data are available.
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"Textile" or "textile article" means an item customarily used in households or businesses that are made entirely or primarily from a natural, artificial, or synthetic fiber, yarn, or fabric. For purposes of this chapter, "textile article" includes, but is not limited to, blankets, curtains, fabric window coverings, accessories, towels, tapestries, bedding, tablecloths, napkins, linens, signage, and pillows.
"Textile article" does not include single-use products including paper towels, paper napkins, toilet paper, facial tissue, or wet or dry wipes.
"Textile and apparel coordinating organization" means:
A nonprofit organization that qualifies for a tax exemption under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code and is designated by a producer or group of producers to fulfill the requirements of this chapter; or
A producer that registers with the department as a textile and apparel coordinating organization addressing the covered products of the producer.
"Third-party seller" means a person or entity, independent of an online marketplace, who sells or rents, offers to sell or rent, or contracts with an online marketplace to sell or rent a consumer product in the state by or through an online marketplace.
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By January 31, 2027, each producer of a covered product must appoint a textile and apparel coordinating organization or organizations to address its covered products.
By March 1, 2027, each textile and apparel coordinating organization must register with the department on behalf of its producers and upon request submit data to the department for the purpose of setting equitable fees.
The registration of a textile and apparel coordinating organization must describe how the textile and apparel coordinating organization meets the registration requirements of this section. If registration applications for more than one textile and apparel coordinating organization, other than individual producers registering as textile and apparel coordinating organizations, are submitted to the department, the department must determine and register the proposed textile and apparel coordinating organization that can most effectively implement this chapter. The department may not allow registration of more than one textile and apparel coordinating organization, other than an individual producer registered as a textile and apparel coordinating organization, for purposes of needs assessment and registration required under this chapter. It is the intent of the legislature to limit the registration of textile and apparel coordinating organizations, other than an individual producer registered as a producer responsibility organization, for purposes of completing the needs assessment required in section 5 of this act.
By June 1, 2027, each producer must be a member of a registered textile and apparel coordinating organization.
The department must, by March 15, 2027, approve a textile and apparel coordinating organization that meets the requirements of this chapter and:
Has a governing board consisting of producers that are diverse in size and type and that represent the diversity of covered products placed in the market by those entities. The governing board must include ex officio members involved in the collection, sorting, repair, reuse, recycling, or management of covered products; and
Demonstrates that it has adequate financial responsibility and financial controls in place, including fraud prevention measures and an audit schedule, to ensure proper management of funds.
The requirements of subsection (2)(a) and (b) of this section do not apply to individual producers registering with the department as a textile and apparel coordinating organization. The department may require an individual producer registering with the department as a textile and apparel coordinating organization to submit data to the department and pay equitable fees to the department under this chapter associated with the registration of the individual producer as a textile and apparel coordinating organization.
Each producer covered under a textile and apparel coordinating organization must register with that textile and apparel coordinating organization in accordance with the procedures and requirements established by that textile and apparel coordinating organization and must comply with those procedures and requirements.
A producer is not in compliance with this chapter and is subject to penalties under section 8 of this act if, by June 1, 2027, the producer is not a member of a textile and apparel coordinating organization registered with the department.
On June 15, 2027, each textile and apparel coordinating organization must provide the department, in a form and manner established by the department, a list of brands of covered products that each producer sells, distributes for sale, imports for sale, or offers for sale in or into the state.
Each textile and apparel coordinating organization whose registration has been approved by the department under section 3 of this act must collaboratively prepare and cover the costs of the needs assessments described in section 5 of this act.
Each producer and textile and apparel coordinating organization must comply with the requirements of this chapter. The textile and apparel coordinating organization must notify the department within 30 calendar days of any of the following:
The end of any three-month period in which the textile and apparel coordinating organization unsuccessfully attempted to obtain a fee, records, or other information from a participant producer, or received incomplete or incorrect records or information;
The date a producer no longer participates in a producer responsibility organization; or
Any instance of noncompliance by a producer.
The activities authorized by this chapter require collaboration among producers. The benefits of collaboration, together with active state supervision, outweigh potential adverse impacts. Therefore, the legislature exempts from state antitrust laws, and provides immunity through the state action doctrine from federal antitrust laws, activities that are undertaken in compliance with and pursuant to this chapter, including activities that are reviewed or approved by the department that might otherwise be constrained by such laws. The legislature does not intend and does not authorize any person or entity to engage in activities not provided for by this chapter, and the legislature neither exempts nor provides immunity for such activities.
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A statewide needs assessment carried out by a textile and apparel coordinating organization under this section, in consultation with the department, must be designed to determine the necessary steps and investment needed for the successful implementation of an extended producer responsibility program for covered products that emphasizes repair and reuse, and minimizes hazardous waste, greenhouse gases, environmental impacts, negative environmental justice impacts, and negative public health impacts.
Each textile and apparel coordinating organization must submit a needs assessment or needs assessments to the department by March 1, 2028. If granted approval to do so by the department, a textile and apparel coordinating organization may prepare more than one needs assessment, with each assessment specific to one or more covered products under this chapter, or may prepare one comprehensive needs assessment that includes all covered products of the producers that are members of the textile and apparel coordinating organization or all covered products under this chapter.
The department must support and provide technical input on the development of each needs assessment. The department must review and approve, conditionally approve, or disapprove each needs assessment as meeting the requirements of this section within 90 days of submission. If the department disapproves of a needs assessment, the textile and apparel coordinating organization must resubmit the needs assessment within a time frame of not less than 60 days specified by the department in its notice of disapproval. A textile and apparel coordinating organization that has not received approval or conditional approval from the department on a resubmitted needs assessment prior to a deadline established by the department is subject to penalties as provided in section 8 of this act.
A textile and apparel coordinating organization may select an independent third-party contractor to complete a needs assessment.
To the extent practicable, the needs assessment carried out under this section may be developed in conjunction with, or use information from, similar evaluative processes related to textile and apparel extended producer responsibility laws in other jurisdictions.
The needs assessments must presume that the program that would be implemented after a needs assessment would:
Establish a free, equitable, and convenient drop-off or collection system that meets convenience standards for the collection of covered products and related performance standards and metrics. This would provide for a reasonable and equitable geographic spread of permanent collection sites and include, at minimum, permanent collection sites in each county that:
(A) A county with a population of 18,000 and under, as reported annually by the office of financial management, must have a minimum of three collection locations;
(B) A county with a population of between 18,001 and 50,000, inclusive, as reported annually by the office of financial management, must have a minimum of four collection locations; and
(C) A county with a population of between 50,001 and 100,000, inclusive, as reported annually by the office of financial management, must have a minimum of eight collection locations; and
ii. Include as a collection site under its program any government entity that offers in writing to participate in the program and agrees to comply with any producer responsibility organization criteria that are consistent with its approved plan, even if the minimum thresholds described in this subsection (2) have been achieved;
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i. Include a process by which the producer responsibility organization will provide, at no cost, for the transport of covered products from collection sites to an authorized sorter or directly to an authorized repair, reuse, repurposing, upcycling, or resale organization, or recycling facility;
ii. Allow authorized collectors and authorized sorters to divert reusable covered products for sale in secondhand markets, repurposing, reusing, repairing, or upcycling;
iii. Include incentive payments, grants, and market development investments, including to nonprofit retail resellers of covered products, to encourage reuse over recycling and other methods and to support the infrastructure necessary to implement a program and ensure that covered products are repaired, reused, repurposed, upcycled, or recycled and have responsible markets;
iv. Maximize the reuse, repair, repurposing, upcycling, and recycling of all covered products, and minimize disposal of covered products collected by the producer responsibility organization; and
v. Prioritize, to the extent feasible, the use and development of sorting, repair, and recycling facilities located closer to the point of collection to minimize transportation-related emissions and increase accountability for the ultimate disposition of covered products;
c. Operate consistent with best practices for management of covered products consistent with the waste management hierarchy established in RCW 70A.205.005(8);
d. Prioritize the use of secondhand markets of covered products when establishing collection sites to meet the minimum collection requirements;
e. Manage covered materials collected through the program in a manner consistent with standards that safeguard against the dumping of covered products abroad, which may include, but are not limited to, corporate social responsibility, social accountability international (SA8000), worldwide responsible accredited production, and SCS global services-certified responsible source textiles;
f. Minimize the negative environmental and human health impacts and maximize the positive environmental and human health impacts of all operations associated with the plan, including impacts from collected covered products exported outside of Washington;
g. Include development of a program to support laundries for laundering covered products that includes funding for technology that reduces water consumption and reduces microfiber and microplastic discharges in wastewater; and
h. Include the development of strategies to address preconsumer and postconsumer design challenges for covered products including, but not limited to, compostability, recyclability, reusability, repairability, reduction and removal of harmful chemicals, microfiber and microplastic shedding, and mixed material blends.
The needs assessment must comply with all of the following:
Be designed to inform a budget and plan to implement an extended producer responsibility program designed to result in the acceptance and management of all postconsumer covered products;
Propose and rely upon quantifiable five-year and annual performance standards and metrics that the extended producer responsibility program would be required to achieve, that demonstrate continuous improvement over time; and
Include an evaluation of all of the following with respect to covered products and covered product categories:
(A) Diverted to landfill or incineration in the state by type of covered product, material composition, and volume;
(B) Diverted to reuse, repair, or recycling in the state or from the state by type of covered product, material composition, and volume; and
(C) Exported to other countries, the destination of such exports, and final disposition of such exports, by type of covered product, material composition, and volume;
ii. The current repair, reuse, recycling, collection, sorting, and hauling system in the state and the expanded access and additional repair, reuse, recycling, collection, sorting, disassembly, and hauling options needed to meet the intent of this chapter;
iii. Current market conditions, including rates of textile and apparel export, and the need to create responsible and economically viable markets in the state, regionally, and globally;
iv. Existing state statutory provisions and funding sources related to market development and financial incentives to help achieve the state's goals related to repair, reuse, recycling, collection, sorting, disassembly, and hauling;
v. Consumer education needs and the methods by which the textile and apparel coordinating organization can best reach consumers with educational messaging and assess the effectiveness of that messaging;
vi. Consumer behaviors necessary to drive repair, reuse, and recycling and to achieve the requirements of this chapter;
vii. Funding needs and incentive mechanisms necessary to achieve the intent of this chapter, including coverage of the operation of an extended producer responsibility program;
viii. Fee reduction or redistribution mechanisms necessary to achieve the intent of this chapter, in a manner that equitably distributes the costs among participating producers that reflects production and sales and rental volumes relevant to the Washington market. Fee reduction or redistribution mechanisms may consider existing producer collection, repair, reuse, repurposing, and recycling programs that help achieve the intent of this chapter;
ix. Actions and investments necessary to provide equitable and sufficient access to collection, repurposing, recycling, composting, processing, and transportation to responsible and economically viable markets;
x. An assessment of the availability of existing organizations that repair, repurpose, and upcycle covered products;
xi. An evaluation of the availability or lack of availability of responsible markets for repaired, reused, and recycled covered products, the need to incentivize reused, repurposed, repaired, and upcycled products or recycled material market development, and the associated investments or actions needed to ensure that the covered products are reused, repaired, repurposed, upcycled, or recycled and have responsible and economically viable and sufficient markets;
xii. An evaluation of the factors contributing to the presence of perfluoroalkyl and polyfluoroalkyl substances and other chemicals identified or regulated under chapters 70A.350 and 70A.430 RCW, and the actions and investments needed to avoid contamination related to recycling. This must include available markets for recycled material that cannot be remanufactured into apparel or textile articles in Washington; and
xiii. An evaluation of what factors will be important to successfully implement an eco-modulated fee structure, and what associated data collection is recommended for future inclusion as part of a plan to implement an extended producer responsibility program. The eco-modulated fee assumed under this subsection must reflect Washington sales volume, existing producer collection, repair, reuse, and recycling programs that help achieve the purposes of this chapter, and the cost of reusing, repairing, repurposing, upcycling, recycling, or otherwise managing covered products under this chapter. The intent of the eco-modulated fee would be to incentivize design choices that facilitate the achievement of goals outlined in the plan, including reuse, repair, repurposing, upcycling, and recycling, and the reduction and removal of harmful chemicals, microfiber and microplastic shedding, and mixed material blends through reduced fees, while using malus fees to disincentivize practices and materials incongruent with the plan goals. The producer responsibility organization would be required to consider existing collection, repair, reuse, repurposing, upcycling, and recycling programs in developing the eco-modulated fee structure.
A textile and apparel coordinating organization must develop each needs assessment in consultation with the advisory council created in section 11 of this act and a broad diversity of government entities, collection, brokering, reuse, repair, and recycling service providers, and processors that reflect the different needs and challenges presented by managing different covered products through final disposition.
Based on the needs assessment, the department must submit to the appropriate committees of the legislature an evaluation of the current status of extended producer responsibility program implementation in other jurisdictions, including identified best practices or design features potentially salient for program design in Washington, and recommendations for how the 2029 legislature should design an extended producer responsibility program consistent with the intent of this chapter. The recommendations must be submitted together with the needs assessment by September 15, 2028. The department's recommendations should consider and, as appropriate, include:
Proposed deviations from the definitions established in section 2 of this act, including the definitions of "producer," "apparel," and "textile," including related adjustments to the scope of covered entities and products under a potential future extended producer responsibility program, as compared to the scope of covered entities and products contemplated in the needs assessment; and
Recommendations addressing whether to allow multiple producer responsibility organizations, not counting individual producer responsibility organizations, for purposes of implementing a potential future extended producer responsibility program.
Each textile and apparel coordinating organization must pay all administrative and operational costs associated with carrying out the requirements of this chapter.
A textile and apparel coordinating organization must establish a method for fully funding the textile and apparel coordinating organization in a manner that equitably distributes the program's costs among participating producers.
Each textile and apparel coordinating organization must submit an initial payment to the department by May 1, 2027, to cover actual and estimated costs of the department from the effective date of this section through June 30, 2028. By May 31, 2028, each textile and apparel coordinating organization must submit a registration fee to the department to fund estimated costs of the department to implement, administer, and enforce this chapter for the coming fiscal year.
The department may adopt rules to implement, administer, and enforce this chapter.
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By March 15, 2027, the department must determine an initial annual payment that is adequate to cover the department's costs to implement, administer, and enforce this chapter from the effective date of this section until June 30, 2028. On March 15, 2028, the department must determine a textile and apparel coordinating organization payment due in May to cover the department's estimated cost for the coming fiscal year.
The textile and apparel coordinating organization must annually pay the department fees to cover the department's incurred costs. The fees must not exceed the department's actual regulatory costs to implement and enforce this chapter.
The department must deposit all moneys received from a textile and apparel coordinating organization under this subsection in the textile and apparel coordinating organization account created in section 13 of this act.
Individual producer financial or sales data reported to the department is not subject to inspection or copying under chapter 42.56 RCW.
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The department may administratively impose a civil penalty of up to $1,000 per violation per day on any person who violates this chapter and up to $10,000 per violation per day for the second and each subsequent violation.
For a person out of compliance with the requirements of this chapter, the department shall provide written notification and offer information. For the purposes of this section, written notification serves as notice of the violation. The department must issue at least one notice of violation by certified mail prior to assessing a penalty and the department may only impose a penalty on a person that has not met the requirements of this chapter 60 days following the date the written notification of the violation was sent.
The department may administratively impose a civil penalty of up to $10,000 per violation per day on any textile and apparel coordinating organization that violates this chapter and up to $50,000 per violation per day for the second and each subsequent violation.
Any person who incurs a penalty or receives an order may appeal the penalty or order to the pollution control hearings board created in chapter 43.21B RCW.
Penalties levied under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
By June 30, 2027, an online marketplace must notify the department and the textile and apparel coordinating organization of all third-party sellers with sales of covered products over $1,000,000 sold on their online marketplace in calendar year 2026 and provide all required information. The amount of the sales described in this section includes only those transactions through the online marketplace for which payment is processed by the online marketplace directly or through its payment processor.
A textile and apparel coordinating organization may not use funds collected to implement a needs assessment required under this chapter for purposes associated with:
The payment of an administrative penalty levied;
Administrative appeals of orders or penalties;
Litigation between the textile and apparel coordinating organization and the state;
Compensation of a person whose position is primarily representing the textile and apparel coordinating organization relative to the passage, defeat, approval, or modification of legislation that is being considered by a government entity;
Paid advertisements related to encouraging the passage, defeat, approval, or modification of legislation that is being considered during an upcoming or current legislative session or was considered during the previous legislative session; or
For any other lobbying or political advocacy activities that would require reporting under chapter 42.17A RCW or under the federal election campaign act, 2 U.S.C. chapter 14.
The textiles and apparel advisory council is established to review all activities conducted by textile and apparel coordinating organizations under this chapter and to advise the department and textile and apparel coordinating organizations regarding the implementation of this chapter.
By January 31, 2027, the department must establish and appoint the initial membership of the advisory council. The membership of the advisory council must consist of the following:
One member representing manufacturers of textiles or a statewide or national trade association representing those manufacturers;
One member representing manufacturers of apparel or a statewide or national trade association representing those manufacturers;
Two members representing recycling facilities that manage textiles and apparel;
One member representing a solid waste collection company or a statewide association representing solid waste collection companies;
One member representing retailers of textiles and apparel or a statewide trade association representing those retailers;
One member representing a statewide nonprofit environmental organization with a focus on textile reuse, repurposing, upcycling, and recycling;
One member representing a community-based nonprofit environmental justice organization with a focus on textile reuse, repurposing, upcycling, and recycling;
One member representing entities that own or operate clothing drop-off collection locations in Washington;
One member representing a covered product consignment business;
Two members representing individuals or organizations representing overburdened, underrepresented, or historically marginalized communities;
One member representing an association of counties;
One member representing an association of cities;
One member representing tribal or indigenous textile or apparel management organizations;
One nonvoting member representing each registered textile and apparel coordinating organization; and
One nonvoting member representing the department.
In appointing members, the department:
Is prohibited from appointing members who are state legislators or registered lobbyists;
Is prohibited from appointing members who are employees of producers required to be members of a textile and apparel coordinating organization under this chapter; and
Must endeavor to appoint members from all regions of the state.
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The member appointed to represent the department serves at the pleasure of the department. All other members serve for a term of four years, except that the initial term for nine of the initial appointees must be two years so that membership terms are staggered. Members may be reappointed but may not serve more than eight consecutive years.
A member may be removed by the department at any time. The chair of the advisory council must inform the department of a member missing three consecutive meetings. After the second consecutive missed meeting, the chair of the advisory council must notify the member in writing that the member may be removed for missing the next meeting. If there is a vacancy on the advisory council for any reason, the department shall make an appointment to become effective immediately for the unexpired term.
Advisory councilmembers that are representatives of tribes, tribal or indigenous services organizations, community-based organizations, or environmental nonprofit organizations must, if requested, be compensated and reimbursed in accordance with RCW 43.03.050, 43.03.060, and 43.03.220.
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A majority of the voting members of the advisory council constitutes a quorum. If there is a vacancy in the membership of the advisory council, a majority of the remaining voting members of the advisory council constitutes a quorum.
Action by the advisory council requires a quorum and a majority of those present and voting. All members of the advisory council, except the member appointed to represent the department and the member appointed to represent the textile and apparel coordinating organization, are voting members of the advisory council.
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The advisory council must meet at least two times per year and may meet more frequently upon 10 days' written notice at the request of the chair or a majority of its members.
Meetings of the advisory council must comply with chapter 42.30 RCW, the open public meetings act.
At its initial meeting, and every two years thereafter, the advisory council must elect a chair and vice chair from among its members.
The department shall provide administrative and operating support to the advisory council, including compensation in accordance with subsection (5) of this section, and may contract with a third-party facilitator to assist in administering the activities of the advisory council, including establishing a website or landing page on the department website.
The department must assist the advisory council in developing policies and procedures governing the disclosure of actual or perceived conflicts of interest that advisory councilmembers may have as a result of their employment or financial holdings with respect to themselves or family members. Each advisory councilmember is responsible for reviewing the conflict-of-interest policies and procedures. An advisory councilmember must disclose any instance of actual or perceived conflicts of interest at each meeting of the advisory council at which recommendations regarding plans, programs, operations, or activities are made by the advisory council.
A textile and apparel coordinating organization, producer, or other entity that submits information or records to the department under this chapter may request that the information or records, including data related to business profits, service rates, fees, or business expenses or private data on individuals, be made available only for the confidential use of the department, the director of the department, the appropriate division of the department, or the independent consultant carrying out the independent review of the program in RCW 70A.208.210. The director of the department must consider the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160.
The textile and apparel coordinating organization account is created in the custody of the state treasurer. All receipts received by the department under this chapter must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account may be used by the department only for implementing, administering, and enforcing the requirements of this chapter.
It is the intent of the legislature that the portion of the textile and apparel coordinating organization fee received in 2027 for the costs of the department be transferred to whichever state account was used to cover the costs of the department prior to the payment of the textile and apparel coordinating organization fee in 2027.
(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:
(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 8 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.
Sections 1 through 13 of this act expire July 1, 2030.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.