Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Environment & Energy Committee

HB 1088

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.

Brief Description: Concerning repercussions for littering.

Sponsors: Representative MacEwen.

Brief Summary of Bill

  • Directs the imposition of 40 hours of litter removal from public property, in addition to monetary penalties imposed for littering.

Hearing Date: 1/17/19

Staff: Robert Hatfield (786-7117).

Background:

Littering, or the illegal dumping of waste material, is unlawful in Washington. Littering regulations are enforced on a sliding scale, with the amount of litter discarded dictating the level of penalty assessed.

Littering in an amount less than or equal to one cubic foot is a class 3 civil infraction.

Littering of less than one cubic yard, but more than one cubic foot, is a misdemeanor. Along with being subject to criminal sanctions, the person shall also pay a litter cleanup restitution payment equal to twice the actual cost of a cleanup, or $50 per cubic foot of litter, whichever is greater. The court may also, in addition to or in lieu of the restitution payment, order the person to pick up and remove litter from the property.

Littering one cubic yard of material or more is a gross misdemeanor. Along with being subject to criminal sanctions, the person shall also pay a litter cleanup restitution payment equal to twice the actual cost of a cleanup, or $100 per cubic foot of litter, whichever is greater. The court may also, in addition to or in lieu of the restitution payment, order the person to pick up and remove litter from the property.

If the littering occurs in a state park, the court must, in addition to any other penalties, order the litterer to perform 24 hours of community restitution in the state park where the littering occurred if the park has established a policy for supervising such restitution.

Summary of Bill:

In addition to monetary penalties imposed for littering, the court must require a person to perform 40 hours of community restitution removing litter from public property. Any hours in which a person performs court-ordered litter removal from private property in connection with littering of one cubic yard or more, or from a state park in connection with littering in a state park, must be deducted from the 40 hours.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.