HOUSE BILL REPORT

HB 1568

BYRepresentatives Cooper, D. Sommers, Ebersole, Sprenkle, May, Pruitt and Ferguson

Revising requirements regarding procurement and solid waste disposal.

House Committe on Environmental Affairs

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (12)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; D. Sommers, Ranking Republican Member; Brekke, G. Fisher, Fraser, Phillips, Pruitt, Schoon, Sprenkle, Van Luven and Walker.

House Staff:Rick Anderson (786-7114)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS

FEBRUARY 16, 1989

BACKGROUND:

Local governments sometimes have problems procuring solid waste services and facilities due to technical inconsistencies and uncertainties in current procurement statutes.  Problems experienced by local governments include difficulty in contracting with vendors, letting bids, and obtaining bond financing.

The Seattle Chamber of Commerce's Solid Waste Task Force has worked for nearly two years to develop legislation to provide local governments with greater flexibility to procure solid waste facilities and services.  The Chamber's Solid Waste Task Force consists of representatives from cities, counties, recyclers, waste haulers, attorneys, and disposal service vendors.

SUMMARY:

SUBSTITUTE BILL:  The bill makes a number of technical changes to clarify local government's authority to manage and procure solid waste services and facilities.  These changes include using consistent definitions, and clarifying local government's authority to use the negotiated bid process as an alternative to the competitive bid process.

Two provisions in the legislation do somewhat expand local government's authority to procure solid waste services and facilities.  1) Cities are authorized to use their eminent domain power to condemn solid waste processing and conversion plants. 2) Second, Third, and Fourth class cities are authorized to enter into contracts for periods greater than five years.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill requires local governments to include additional criteria in selecting a vendor to provide solid waste facilities or services.  Additional provisions are included to clarify that local governments can use a negotiated bid process to select vendors. Language is changed to clarify that the timing of the environmental review under the State Environmental Policy Act (SEPA) is not altered.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Hugh Spitzer; Foster, Pepper and Schefelman;  Kathleen Collins, Association of Washington Cities.

House Committee - Testified Against:      Ray Hoffman, Washington Citizens for Recycling; David Bricklin, Washington Environmental Council.

House Committee - Testimony For:    A number of local governments have had difficulty in procuring solid waste services and facilities.  The proposed technical changes in the bill would make it easier to procure necessary services and facilities.

House Committee - Testimony Against:      Local governments should consider additional criteria in selecting a vendor to ensure greater public accountability.  The original bill may alter the timing of the environmental review under SEPA.