AN ACT Relating to recycled paper; amending RCW 43.19.537, 43.19.538, and 43.78.100; and providing an effective date.

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

Sec. 1. Section 1, chapter 61, Laws of 1982 and RCW 43.19.537 are each amended to read as follows:

((~~Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.19.538.~~

~~(1) "Postconsumer waste~~)) "Recovered material" as used in RCW 43.19.538 means ((~~a finished paper, woodpulp material, or cotton rags which would normally be disposed of as solid waste.~~

~~(2) "Recycled paper" means paper and woodpulp products with at least fifty percent of the total weight consisting of postconsumer waste~~)):

(1) "Post consumer waste" which is:

(a) Paper, paperboard, and fibrous wastes from buildings such as retail stores, office buildings, homes, after the wastes have passed through their end-usage as a consumer item, including: Used corrugated boxes, old newspapers, old magazines, mixed waste paper, tabulating cards, and used cordage; and

(b) All paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste; and

(2) "Secondary waste" including manufacturing and other wastes such as:

(a) Dry paper and paperboard waste generated after completion of the papermaking process, that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets including: Envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock;

(b) Finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others;

(c) Wastes generated by the conversion of goods made from fibrous material, that is, waste rope from cordage manufacture, textile mill waste, and cuttings; and

(d) Fibers recovered from waste water which otherwise would enter the waste stream.

Recovered material does not include internal mill waste.

Sec. 2. Section 2, chapter 61, Laws of 1982 and RCW 43.19.538 are each amended to read as follows:

(1) The director of general administration, through the state purchasing director, shall develop specifications and adopt rules for the purchase of paper products which will provide for preferential purchase((~~, when feasible,~~)) of paper products containing ((~~recycled paper. The specifications shall include~~)) recovered material by:

(a) ((~~Giving preference to suppliers of recycled paper products if the bids do not exceed the lowest bid offered by suppliers of paper products that are not recycled~~)) The use of a weighting factor determined by the amount of recycled paper in a product, where appropriate and known in advance to potential bidders, to determine the low bidder. The actual dollars bid shall be the contract amount. The weighting factor may be changed for volume purchasing. However, if the department determines according to criteria established by rule that bids received for the purchase of paper products do not reflect adequate competition because a wide variation of recovered material content, economics or environmental constraints discourage any change in the percentage, quality, or availability of recovered material, the department shall consider and award bids without regard to the weighting factor otherwise required under this subsection.

(b) ((~~Requiring paper products with the highest quantity of postconsumer waste.~~

~~(c)~~)) Requiring paper products that may be recycled or reused to be purchased if the quality, price, and grade are otherwise equal to other paper products.

(c) Requiring recycled paper products to be used by the state to the maximum practical extent and to bear the statement "Made with recycled paper" with the recycling mark. Bulk products should bear the statement on the outside package wrapper.

(d) Requiring an affidavit of the percentage of recovered material content from the bidder providing recycled paper. This percentage shall be established by the mill providing the paperstock based upon the previous year's consumption of recovered material and dividing by the previous year's total tonnage production of the mill.

(2) ((~~The recycled paper content specifications shall be reviewed annually to consider increasing the percentage of recycled paper.~~

~~(3)~~)) The director of general administration shall report to the legislature about ((~~the revision of specifications~~)) progress and results toward meeting procurement requirements under this section by the first day of each annual legislative session and provide information on the quantities, prices, recovered material content, and number and percentage of total paper purchases and types of products purchased.

Sec. 3. Section 43.78.100, chapter 8, Laws of 1965 and RCW 43.78.100 are each amended to read as follows:

(1) The public printer shall furnish all paper, stock, and binding materials required in all public work, and shall charge the same to the state, as it is actually used, at the actual price at which it was purchased plus five percent for waste, insurance, storage, and handling.

(2) The public printer shall establish a program of purchasing paper products containing recovered material as defined in RCW 43.19.537 by:

(a) The use of a weighting factor determined by the amount of recycled paper in a product, where appropriate and known in advance to potential bidders, to determine the low bidder. The actual dollars bid shall be the contract amount. The weighting factor may be changed for volume purchasing;

(b) Requiring paper products that may be recycled or reused to be purchased if the quality, price, and grade are otherwise equal to other paper products;

(c) Requiring that the statement "Printed on Recycled Paper" and the recycling mark be on all documents printed on paper containing recycled materials, where feasible.

(3) The public printer shall report to the legislature about progress and results toward meeting the procurement requirements under this section by the first day of each annual legislative session.

NEW SECTION. Sec. 4. This act shall take effect July 1, 1988.