SENATE BILL REPORT

E2SHB 2539

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Environment, Water & Energy, February 26, 2010

Title: An act relating to optimizing the collection of source separated materials within the current regulatory structure.

Brief Description: Optimizing the collection of source separated materials.

Sponsors: House Committee on Ways & Means (originally sponsored by Representative Upthegrove).

Brief History: Passed House: 2/15/10, 96-1.

Committee Activity: Environment, Water & Energy: 2/23/10, 2/24/10, 2/26/10 [DP].

SENATE COMMITTEE ON ENVIRONMENT, WATER & ENERGY

Majority Report: Do pass.

Signed by Senators Rockefeller, Chair; Pridemore, Vice Chair; Honeyford, Ranking Minority Member; Delvin, Fraser, Morton and Ranker.

Staff: Jan Odano (786-7486)

Background: Local governments must prepare a coordinated, comprehensive solid waste management plan for solid waste handling, recovery, and recycling that can be integrated into the comprehensive county plan. Solid waste management plans must include a waste reduction and recycling element, which must include waste reduction and source separation strategies. The source separation strategies must include programs for collecting source separated materials from urban and rural residences. The local solid waste management plan includes the levels of service for both urban and rural areas.

The Department of Ecology (DOE) must review local solid waste management plans. The Utilities and Transportation Commission (UTC) reviews the preliminary draft plan to assess the cost of solid waste collection and its impacts on rates charged by regulated solid waste collection companies. The UTC provides advice on the probable effects of the plan's recommendations. Both DOE and UTC must provide technical assistance. Once approved, each local solid waste management plan must be reviewed and revised periodically.

Solid waste collection companies may retain 30 percent of the revenue received from recyclable materials, if the companies have submitted a plan to the UTC demonstrating how recycling will be increased. The remaining revenue is passed on to the residential customer.

Summary of Bill: To meet the unique needs of counties and cities, each county must prepare a comprehensive solid waste management plan for solid waste and materials reduction, collections, and handling, and management services and programs. When updating a solid waste management plan, local comprehensive plans must consider and plan for handling methods or services that include:

In addition, when updating a solid waste management plan, local comprehensive plans must at least consider methods to address:

The UTC must allow solid waste collection companies, which have submitted a plan to the UTC demonstrating how recycling will be increased, to retain up to 50 percent of the revenue received from recyclable materials.

A county may request the UTC to approve discount rates, charges, or services for low-income senior customers and low-income customers, as adopted in the comprehensive solid waste management plan. The expenses and lost revenues must be included in the company's cost of service and recovered in rates to other customers.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This provides increased flexibilities to local governments to develop local solid waste management plans. The revenue sharing must go back into increasing recycling elements. Collecting more recyclables would help to reduce carbon emissions as also described by the 2008 Beyond Waste Working Group. The bill is a step forward in solid waste management and collection.

Persons Testifying: PRO: Representative Upthegrove, prime sponsor; Vickie Christopherson, Washington Refuse and Recycling Association; Ashley Probart, Association of Washington Cities.