AN ACT Relating to the model litter control and recycling act; amending RCW 70.93.030, 70.93.130, 70.93.194, and 70.93.200; adding new sections to chapter 43.131 RCW; creating a new section; repealing RCW 70.93.010, 70.93.020, 70.93.030, 70.93.040, 70.93.050, 70.93.060, 70.93.070, 70.93.080, 70.93.090, 70.93.100, 70.93.110, 70.93.120, 70.93.130, 70.93.140, 70.93.150, 70.93.160, 70.93.170, 70.93.180, 70.93.194, 70.93.200, 70.93.210, 70.93.230, 70.93.900, 70.93.910, and 70.93.920; and providing an effective date.

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

Sec. 1. Section 3, chapter 307, Laws of 1971 ex. sess. as amended by section 3, chapter 94, Laws of 1979 and RCW 70.93.030 are each amended to read as follows:

As used in this chapter unless the context indicates otherwise:

(1) "Department" means the department of ecology;

(2) "Director" means the director of the department of ecology;

(3) "Disposable package or container" means all packages or containers defined as such by rules and regulations adopted by the department of ecology;

(4) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing;

(5) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity;

(6) "Litter receptacle" means those containers adopted by the department of ecology and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter;

(7) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever;

(8) "Recycling" means the process of separating, cleansing, treating, and reconstituting used or discarded litter-related materials for the purpose of recovering and reusing the resources contained therein;

(9) "Recycling center" means a central collection point for recyclable materials;

(10) "Resource conservation" means waste reduction or reducing the amount of solid waste generated and recycling or extracting valuable materials from the waste stream for reuse.

(11) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks;

((~~(11)~~)) (12) "Watercraft" means any boat, ship, vessel, barge, or other floating craft;

((~~(12)~~)) (13) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

Sec. 2. Section 13, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.130 are each amended to read as follows:

(1) Because it is the express purpose of this chapter to accomplish effective litter control within the state of Washington and because it is a further purpose of this chapter to allocate a portion of the cost of administering it to those industries whose products including the packages, wrappings, and containers thereof, are reasonably related to the litter problem, in arriving at the amount upon which the assessment is to be calculated only the value of products or the gross proceeds of sales of products falling into the following categories shall be included:

((~~(1)~~)) (a) Food for human or pet consumption.

((~~(2)~~)) (b) Groceries.

((~~(3)~~)) (c) Cigarettes and tobacco products.

((~~(4)~~)) (d) Soft drinks and carbonated waters.

((~~(5)~~)) (e) Beer and other malt beverages.

((~~(6)~~)) (f) Wine.

((~~(7)~~)) (g) Newspapers and magazines.

((~~(8)~~)) (h) Household paper and paper products.

((~~(9)~~)) (i) Glass containers.

((~~(10)~~)) (j) Metal containers.

((~~(11)~~)) (k) Plastic or fiber containers made of synthetic material.

((~~(12)~~)) (l) Cleaning agents and toiletries.

((~~(13)~~)) (m) Nondrug drugstore sundry products.

(2) Assessments under this section do not apply to containers on which a deposit is paid.

Sec. 3. Section 9, chapter 94, Laws of 1979 and RCW 70.93.194 are each amended to read as follows:

The department shall allocate and distribute funds annually from the litter control account as follows:

(1) Not less than forty percent nor more than fifty percent for a litter patrol program to employ youth from the state to remove litter from places and areas that are most visible to the public((;

(2) Not less than twenty percent nor more than thirty percent to accomplish the litter control purposes of this chapter other than as specified in subsection (1) of this section. A substantial part of this portion shall be used)) and for public education and awareness programs to control litter and to promote ((~~awareness of the Model Litter Control and Recycling Act; and~~)) resource conservation;

((~~(3)~~)) (2) Not less than twenty percent nor more than thirty percent to accomplish the recycling purposes of this chapter. A substantial part of this portion shall be used for public education and awareness programs to foster private local recycling efforts and to promote ((~~awareness of the Model Litter Control and Recycling Act~~)) resource conservation; and

(3) Not less than twenty percent nor more than thirty percent for grants to local governments and state agencies to do resource conservation planning and to provide recycling services. The initial appropriation under this subsection shall be for a study of the resource conservation potential in the state. Moneys under this subsection shall be allocated and distributed by the solid waste management division of the department of ecology in accordance with county and city solid waste management plans.

Sec. 4. Section 20, chapter 307, Laws of 1971 ex. sess. as amended by section 7, chapter 94, Laws of 1979 and RCW 70.93.200 are each amended to read as follows:

In addition to the foregoing, the department of ecology shall:

(1) Serve as the coordinating agency between the various ((~~industry~~)) organizations seeking to aid in the anti-litter and recycling efforts. In this role, the department shall not show undue favoritism to any organization;

(2) Recommend to the governing bodies of all local governments that they adopt ordinances similar to the provisions of this chapter;

(3) Cooperate with all local governments to accomplish coordination of local anti-litter and recycling efforts;

(4) Encourage, organize, and coordinate all voluntary local anti-litter and recycling campaigns seeking to focus the attention of the public on the programs of this state to control and remove litter and to foster recycling;

(5) Investigate the availability of, and apply for funds available from any private or public source to be used in the program outlined in this chapter;

(6) Develop state-wide programs to increase public awareness of and participation in recycling and to stimulate and encourage local private recycling centers, public participation in recycling and research and development in the field of litter control, and recycling, removal, and disposal of litter-related recycling materials;

(7) Report biennially to the appropriate legislative committees on the progress this chapter has made in reducing litter and increasing resource conservation in the state;

(8) Assure full public access to data and participation in the advisory process involving litter control and recycling functions of the department. Requested data shall be made available promptly and far enough in advance of policy or program changes to permit appropriate review and reaction by interested members of the public and members of the solid waste advisory committee established by RCW 70.95.040. All major policy or program decisions made by the department under this chapter shall be brought before the solid waste advisory committee and the committee's recommendations shall be given strong consideration by the department before implementation of the programs or policies.

NEW SECTION. Sec. 5. There is established an ad hoc committee for the express purpose of making recommendations to the legislature by December 15, 1985, on how the litter tax assessed under chapter 70.93 RCW shall be restructured to include all solid waste, with a higher tax on frequently littered items.

The ad hoc committee shall consist of five members. Three of these members shall be appointed by the governor and shall include a representative of the packaging industry, a representative of the recycling industry, and a representative of a citizens' organization concerned about recycling. The two remaining members shall be the director of the department of revenue and the director of the department of ecology, or their representatives.

NEW SECTION. Sec. 6. Section 3 of this act shall take effect on July 1, 1986.

NEW SECTION. Sec. 7. A new section is added to chapter 43.131 RCW to read as follows:

The model litter control and recycling act shall be terminated on June 30, 1990, as provided in section 8 of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1991:

(1) Section 1, chapter 307, Laws of 1971 ex. sess., section 1, chapter 94, Laws of 1979 and RCW 70.93.010;

(2) Section 2, chapter 307, Laws of 1971 ex. sess., section 7, chapter 41, Laws of 1975-'76 2nd ex. sess., section 2, chapter 94, Laws of 1979 and RCW 70.93.020;

(3) Section 3, chapter 307, Laws of 1971 ex. sess., section 3, chapter 94, Laws of 1979, section 1 of this act and RCW 70.93.030;

(4) Section 4, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.040;

(5) Section 5, chapter 307, Laws of 1971 ex. sess., section 4, chapter 94, Laws of 1979, section 132, chapter 78, Laws of 1980 and RCW 70.93.050;

(6) Section 6, chapter 307, Laws of 1971 ex. sess., section 1, chapter 39, Laws of 1979 ex. sess., section 1, chapter 277, Laws of 1983 and RCW 70.93.060;

(7) Section 7, chapter 307, Laws of 1971 ex. sess., section 2, chapter 277, Laws of 1983 and RCW 70.93.070;

(8) Section 8, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.080;

(9) Section 9, chapter 307, Laws of 1971 ex. sess., section 5, chapter 94, Laws of 1979 and RCW 70.93.090;

(10) Section 15, chapter 260, Laws of 1981 and RCW 70.93.100;

(11) Section 11, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.110;

(12) Section 12, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.120;

(13) Section 13, chapter 307, Laws of 1971 ex. sess., section 2 of this act and RCW 70.93.130;

(14) Section 14, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.140;

(15) Section 15, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.150;

(16) Section 16, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.160;

(17) Section 17, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.170;

(18) Section 18, chapter 307, Laws of 1971 ex. sess., section 3, chapter 277, Laws of 1983 and RCW 70.93.180;

(19) Section 9, chapter 94, Laws of 1979, section 3 of this act and RCW 70.93.194;

(20) Section 20, chapter 307, Laws of 1971 ex. sess., section 7, chapter 94, Laws of 1979, section 4 of this act and RCW 70.93.200;

(21) Section 21, chapter 307, Laws of 1971 ex. sess., section 8, chapter 94, Laws of 1979 and RCW 70.93.210;

(22) Section 23, chapter 307, Laws of 1971 ex. sess., section 4, chapter 277, Laws of 1983 and RCW 70.93.230;

(23) Section 25, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.900;

(24) Section 27, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.910; and

(25) Section 11, chapter 94, Laws of 1979 and RCW 70.93.920.