AN ACT Relating to solid waste; amending RCW 35.21.120 and 36.58.040; adding a new section to chapter 35.92 RCW; adding a new section to chapter 36.58 RCW; and creating a new section.

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

Sec. 1. Section 35.21.120, chapter 7, Laws of 1965 and RCW 35.21.120 are each amended to read as follows:

Every city and town may by ordinance provide for the establishment of a system of garbage collection and disposal for the entire city or town or for portions thereof, and award contracts for garbage collection and disposal or provide for it under the direction of officials and employees of the city or town. Contracts for the disposal of garbage, recyclable materials, and any other forms of solid waste may require that a city or town pay a minimum periodic fee in consideration for the availability of a disposal service, without regard to the amount of solid waste actually disposed of during all or any part of the contractual period.

NEW SECTION. Sec. 2. A new section is added to chapter 35.92 RCW to read as follows:

Notwithstanding any other provision of law or the charter of any city, a city or town may provide for the purchase, lease, or acquisition of completed systems, plants, and facilities for the disposal of solid waste, in accordance with the following procedure:

(1) The city or town shall publish notice that it is seeking to purchase, lease, or acquire a completed system, plant, or facility for the disposal of solid waste. The notice shall be published in the official newspaper or in a daily newspaper of general circulation in the municipality at least once each week for two consecutive weeks not less than thirty days before the final date for the submission of proposals. The notice shall generally state the nature of the system, plant, or facility and the work to be done, that plans and specifications thereof, if any, shall be available at the administrative offices of the city or town for inspection, and the final date for the submission by competitors of proposals.

(2) The request for proposals shall clearly indicate the time and place where the proposals are due and the evaluation factors to be considered in selecting a competitor and their relative importance, and shall inform all competitors of any minimum requirements or other limitations applying to selection. The evaluation factors set forth in the request shall be those factors determined to be relevant by the legislative authority of the municipality, including but not limited to price or cost, technical excellence, experience, performance standards, performance on other similar projects, management capability, schedule availability, and financial resources.

(3) After proposals have been submitted, negotiations may be conducted with any or all competitors deemed qualified in accordance with the evaluation factors that were considered. During negotiations, the city or town shall not disclose to a competitor or to the public any information not generally available to the public and derived from proposals submitted by any other competitor.

(4) The city or town shall select the competitor whose proposal is determined to be the most advantageous to the city or town considering the evaluation factors and their relative importance set forth in the request for proposals. The city or town may then contract with that competitor for the purchase, lease, or acquisition by the city of systems, plants, and facilities for the disposal of solid waste, when completed by the competitor in accordance with the terms and specifications of an agreement between the city or town and the competitor.

Sec. 3. Section 2, chapter 58, Laws of 1975-'76 2nd ex. sess. and RCW 36.58.040 are each amended to read as follows:

The legislative authority of each county may by ordinance provide for the establishment of a system of solid waste disposal for all the unincorporated areas of the county or for portions thereof. Each county may designate disposal sites for all solid waste collected in the unincorporated areas pursuant to the provisions of a comprehensive solid waste plan adopted pursuant to chapter 70.95 RCW: PROVIDED, That for any solid waste collected by a private hauler operating pursuant to a certificate granted by the Washington utilities and transportation commission under the provisions of chapter 81.77 RCW and which certificate is for collection in a geographic area lying in more than one county, such designation of disposal sites shall be pursuant to an interlocal agreement between the involved counties.

Such systems may also provide for the processing and conversion of solid wastes into other valuable or useful products with full jurisdiction and authority to construct, lease, acquire, manage, regulate, maintain, operate, and control such system and plants, and to enter into agreements providing for the construction, acquisition, lease, maintenance, and operation of systems and plants for the processing and conversion of solid wastes and for the sale of said products.

A county may award contracts for the disposal of solid waste, and such contracts may require that a county pay a minimum periodic fee in consideration for the availability of a disposal service, without regard to the amount of solid waste actually disposed of during all or any part of the contractual period.

Nothing in this section shall be construed to authorize the operation of a solid waste collection system by counties.

NEW SECTION. Sec. 4. A new section is added to chapter 36.58 RCW to read as follows:

Notwithstanding any other provision of law or charter, a county may provide for the purchase, lease, or acquisition of completed systems, plants, and facilities for the disposal of solid waste, in accordance with the following procedure:

(1) The county shall publish notice that it is seeking to purchase, lease, or acquire a completed system, plant, or facility for the disposal of solid waste. The notice shall be published in the official newspaper or in a daily newspaper of general circulation in the county at least once each week for two consecutive weeks not less than thirty days before the final date for the submission of proposals. The notice shall generally state the nature of the system, plant, or facility and the work to be done, that plans and specifications thereof, if any, shall be available at the administrative offices of the county for inspection, and the final date for the submission by competitors of proposals.

(2) The request for proposals shall clearly indicate the time and place where the proposals are due and the evaluation factors to be considered in selecting a competitor and their relative importance, and shall inform all competitors of any minimum requirements or other limitations applying to selection. The evaluation factors set forth in the request shall be those factors determined to be relevant by the legislative authority of the county, including but not limited to price or cost, technical excellence, experience, performance standards, performance on other similar projects, management capability, schedule availability, and financial resources.

(3) After proposals have been submitted, negotiations may be conducted with any or all competitors deemed qualified in accordance with the evaluation factors that were considered. During negotiations, the county shall not disclose to a competitor or to the public any information not generally available to the public and derived from proposals submitted by any other competitor.

(4) The county shall select the competitor whose proposal is determined to be the most advantageous to the county considering the evaluation factors and their relative importance set forth in the request for proposals. The county may then contract with that competitor for the purchase, lease, or acquisition by the city of systems, plants, and facilities for the disposal of solid waste, when completed by the competitor in accordance with the terms and specifications of an agreement between the county and the competitor.

NEW SECTION. Sec. 5. This act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. Insofar as the provisions of this act are inconsistent with the provisions of any general or special law, or parts thereof, the provisions of this act shall be controlling.

NEW SECTION. Sec. 6. 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.