wa-law.org > bill > 2025-26 > HB 2212 > Original Bill
The legislature finds that:
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;
Washing synthetic garments has been found to be the single largest source of microfiber and microplastic pollution in marine waters;
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;
Studies have detected microplastics in 95 percent of United States tap water samples, indicating widespread contamination;
Studies have documented that adding microplastic filters to washing machines or their discharge lines effectively reduces microplastic pollution; and
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.
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.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"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.
"Department" means the department of ecology.
"Industrial washing machine" means a washing machine designed for use by a business to launder clothes or other textiles that are:
Used by the business; or
Used by another business.
"Microfiber" means a synthetic or natural textile fiber that is less than five millimeters in length.
"Microfiber filtration system" means a filtration system that:
Is active across all washing cycles of a washing machine;
Has a mesh size of 100 micrometers or less;
Is certified by an independent third party as being capable of removing at least 87 percent of microfibers; and
Is either:
Built into a newly manufactured washing machine; or
An in-line filtration system that is packaged with and capable of being installed with a new washing machine.
"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.
"Washing machine" means a machine designed and used for washing any combination of clothes, linens, or other textiles.
A person may not sell or offer for sale a new commercial washing machine or industrial washing machine manufactured on or after July 1, 2028, unless the washing machine:
Contains or is equipped with a microfiber filtration system; and
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."
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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.
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.
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.
The department may adopt rules for the purpose of implementing, administering, and enforcing this chapter.
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.
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.
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.
All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.
(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 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.