"PART I

PACKAGING

Sec. 101. RCW 70.93.020 and 1979 c 94 s 2 are each amended to read as follows:

The purpose of this chapter is to accomplish litter control and stimulate private recycling programs throughout this state by delegating to the department of ecology the authority to:

(1) Conduct a permanent and continuous program to control and remove litter from this state to the maximum practical extent possible;

(2) Recover and recycle waste materials related to litter and littering;

(3) Foster private recycling and markets for recyclable materials; and

(4) Increase public awareness of the need for recycling and litter control. It is further the intent and purpose of this chapter to create jobs for employment of youth in litter cleanup and related activities and to stimulate and encourage small, private recycling centers. This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable. Every other department of state government and all local governmental units and agencies of this state shall cooperate with the department of ecology in the administration and enforcement of this chapter. The intent of this chapter is to add to and to coordinate existing recycling and litter control and removal efforts and not terminate or supplant such efforts.

Sec. 102. RCW 70.93.030 and 1979 c 94 s 3 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~~)) transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration;

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

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

(12) "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.

NEW SECTION. Sec. 103. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Container," unless otherwise specified, refers to "rigid plastic container" or "plastic bottle" as those terms are defined in this section.

(2) "Distributors" means those persons engaged in the distribution of packaged goods for sale in the state of Washington, including manufacturers, wholesalers, and retailers.

(3) "Label" means a molded, imprinted, or raised symbol on or near the bottom of a plastic container or bottle.

(4) "Person" means an individual, sole proprietor, partnership, association, or other legal entity.

(5) "Plastic" means a material made of polymeric organic compounds and additives that can be shaped by flow.

(6) "Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.

(7) "Rigid plastic container" means a formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.

NEW SECTION. Sec. 104. (1) The provisions of this section and any rules adopted under this section shall be interpreted to conform with nation-wide plastics industry standards.

(2) Except as provided in section 105(2) of this act, after January 1, 1992, no person may distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The code shall consist of a number placed within three triangulated arrows and letters placed below the triangle of arrows. The triangulated arrows shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:

(a) 1. = PETE (polyethylene terephthalate)

(b) 2. = HDPE (high density polyethylene)

(d) 4. = LDPE (low density polyethylene)

(e) 5. = PP (polypropylene)

(f) 6. = PS (polystyrene)

(g) 7. = OTHER

NEW SECTION. Sec. 105. (1) A person who, after written notice from the department, violates section 104 of this act is subject to a civil penalty of fifty dollars for each violation up to a maximum of five hundred dollars and may be enjoined from continuing violations. Each distribution constitutes a separate offense.

(2) Distributors shall have two years from the effective date of this section to clear current inventory, delivered or received and held in their possession as of the effective date of this section.

NEW SECTION. Sec. 106. The legislature finds and declares that:

(1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment;

(2) Packaging comprises a significant percentage of the overall solid waste stream;

(3) The presence of heavy metals in packaging is a part of the total concern in light of their likely presence in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled;

(4) Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern;

(5) The intent of this chapter is to achieve a reduction in toxicity without impeding or discouraging the expanded use of postconsumer materials in the production of packaging and its components.

NEW SECTION. Sec. 107. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Package" means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container. "Package" also means and includes unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

(2) "Manufacturer" means a person, firm, or corporation that applies a package to a product for distribution or sale.

(3) "Packaging component" means an individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.

NEW SECTION. Sec. 108. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any product, package, or packaging component shall not exceed the following:

(1) 600 parts per million by weight effective July 1, 1993;

(2) 250 parts per million by weight effective July 1, 1994; and

(3) 100 parts per million by weight effective July 1, 1995 after the effective date of this section.

This section shall apply only to lead, cadmium, mercury, and hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution.

NEW SECTION. Sec. 109. All packages and packaging components shall be subject to this chapter except the following:

(1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to the effective date of this section;

(2) Those packages or packaging components that have been purchased by, delivered to, or are possessed by a retailer on or before twenty-four months following the effective date of this section to permit opportunity to clear existing inventory of the proscribed packaging material;

(3) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative; or

(4) Those packages and packaging components that would not exceed the maximum contaminant levels set forth in section 108(1) of this act but for the addition of postconsumer materials; and provided that the exemption for this subsection shall expire six years after the effective date of this section.

NEW SECTION. Sec. 110. By July 1, 1993, a certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be developed by its manufacturer. If compliance is achieved under the exemption or exemptions provided in section 109 (3) or (4) of this act, the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing company. The certificate of compliance shall be kept on file by the manufacturer for as long as the package or packaging component is in use, and for three years from the date of the last sale or distribution by the manufacturer. Certificates of compliance, or copies thereof, shall be furnished to the department of ecology upon request within sixty days. If manufacturers are required under any other state statute to provide a certificate of compliance, one certificate may be developed containing all required information.

If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer shall develop an amended or new certificate of compliance for the reformulated or new package or packaging component.

NEW SECTION. Sec. 111. Requests from a member of the public for any certificate of compliance shall be:

(1) Made in writing to the department of ecology;

(2) Made specific as to package or packaging component information requested; and

(3) Responded to by the department of ecology within ninety days.

NEW SECTION. Sec. 112. The department of ecology may prohibit the sale of any package for which a manufacturer has failed to respond to a request by the department for a certificate of compliance within the allotted period of time pursuant to section 110 of this act.

NEW SECTION. Sec. 113. By July 1, 1995, the solid waste advisory committee created under chapter 70.95 RCW shall report to the appropriate standing committees of the legislature on the effectiveness of reducing toxic metals from packaging. The report shall contain recommendations to add other toxic substances contained in packaging to the list set forth in this chapter, including but not limited to mutagens, carcinogens, and teratogens, in order to further reduce the toxicity of packaging waste, and shall contain a recommendation regarding imposition of penalty for violation of section 108 of this act, and a recommendation whether or not to continue the recycling exemption as it is provided for in section 109 of this act.

Sec. 114. RCW 70.95C.120 and 1989 c 431 s 54 are each amended to read as follows:

The office of waste reduction shall develop, in consultation with the superintendent of public instruction, an awards program to achieve waste reduction and recycling in the public schools, grades kindergarten through high school. The office shall develop guidelines for program development and implementation. Each public school shall implement a waste reduction and recycling program conforming to guidelines developed by the office.

For the purpose of granting awards, the office may group schools into not more than three classes, based upon student population, distance to markets for recyclable materials, and other criteria, as deemed appropriate by the office. Except as otherwise provided, five or more awards shall be granted to each of the three classes. Each award shall be a sum of not less than two thousand dollars nor more than five thousand dollars. Awards shall be granted each year to the schools that achieve the greatest levels of waste reduction and recycling. ((~~Each~~)) A single award ((~~shall be of a sum~~)) of not less than ((~~ten~~)) five thousand dollars shall be presented to the school having the best recycling program as determined by the office. A single award of not less than five thousand dollars shall be presented to the school having the best waste reduction program as determined by the office. ((The office shall also develop recommendations for an awards program for waste reduction in the public schools. The office shall submit these recommendations to the appropriate standing committees in the house of representatives and senate on or before November 30, 1989.))

The superintendent of public instruction shall distribute guidelines and other materials developed by the office to implement programs to reduce and recycle waste generated in administrative offices, classrooms, laboratories, cafeterias, and maintenance operations.

NEW SECTION. Sec. 115. There is established the task force on recycling funding. The task force shall consist of fourteen members as follows: (1) Two members of the house of representatives appointed by the speaker of the house of representatives with one member from each of the two caucuses of the house of representatives; (2) two members of the senate appointed by the president of the senate with one member from each of the two caucuses of the senate; (3) six members appointed by the speaker of the house of representatives and the president of the senate with one each representing manufacturers, wholesalers, retailers, cities, counties, and an environmental organization; and (4) three members representing the departments of ecology, trade and economic development, and revenue appointed by their respective directors.

The task force shall study long-term funding mechanisms for recycling systems, comprehensive waste reduction, and diversion from landfill and mass burn incineration. The task force shall report its findings and recommended legislation to the appropriate standing committees of the legislature no later than December 1, 1991.

The department of ecology shall provide administrative and staff support to the task force. Members of the task force shall be compensated in accordance with RCW 43.03.220. Nonlegislative members shall receive subsistence and mileage in accordance with RCW 43.03.050 and 43.03.060. Legislative members shall receive allowances in accordance with RCW 44.04.120.

This section shall expire January 1, 1992.

NEW SECTION. Sec. 116. Sections 103 through 105 of this act and sections 106 through 113 shall each constitute a new chapter in Title 70 RCW.

PART II

CLEAN WASHINGTON CENTER

NEW SECTION. Sec. 201. (1) The legislature finds that:

(a) Recycling conserves energy and landfill space, provides jobs and valuable feedstock materials to industry, and promotes health and environmental protection;

(b) Seventy-eight percent of the citizens of the state actively participate in recycling programs and Washington currently has the highest recycling rate in the nation;

(d) Many local governments and private entities cumulatively affect, and are affected by, the market for recycled commodities but have limited jurisdiction and cannot adequately address the problems of market development that are complex, wide-ranging, and regional in nature; and

(e) The private sector has the greatest capacity for creating and expanding markets for recycled commodities, and the development of private markets for recycled commodities is in the public interest.

(2) It is therefore the policy of the state to create a single entity to be known as the center for recycling markets development to develop new, and expand existing, markets for recycled commodities.

NEW SECTION. Sec. 202. There is created the center for recycling markets development within the department of trade and economic development. As used in this chapter, "center" means the center for recycling markets development.

NEW SECTION. Sec. 203. The purpose of the center is to provide or facilitate basic and applied research and development, marketing assistance, public education, and policy analysis in furthering the development of markets for recycled products. As used in this chapter, market development consists of public and private activities that are used to overcome impediments preventing full use of secondary materials diverted from the waste stream, and that encourage and expand use of those materials and subsequent products. In fulfilling this mission the center shall primarily direct its services to recycling businesses, which as used in this chapter mean those businesses engaged in transforming or remanufacturing waste materials into usable or marketable materials or products for use other than landfill disposal or incineration.

NEW SECTION. Sec. 204. (1) The center's activities shall be conducted with the assistance of a policy committee. Except as otherwise provided, policy committee members shall be appointed by the directors of the department of trade and economic development and department of ecology as follows:

(a) Two representatives of the legislature, one appointed by the speaker of the house of representatives and one appointed by the president of the senate;

(b) One member to represent cities;

(d) Five private sector members to represent the end users and marketers of post consumer recovered materials;

(e) The directors of the departments of trade and economic development and ecology shall represent the executive branch as non-voting members; and

(f) Non-voting, temporary appointments to the committee can be made by the chairman where specific expertise is needed.

(2) The initial appointments of the five private sector members will be two members with three-year terms and three members with two year terms. Thereafter, members shall serve two-year renewable terms. Vacancies shall be filled by the chair with majority consent from the members.

(3) Members of the committee, exclusive of those representing the legislative or executive branches, shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060

(4) The committee shall meet at least quarterly.

(5) The chair shall be selected from among the members by a simple majority vote

(6) The committee may adopt and exercise bylaws for the regulation of its business for the purposes of this chapter.

NEW SECTION. Sec. 205. The center shall:

(1) Provide targeted business assistance to recycling businesses, including:

(a) Development of business plans;

(b) Market research and planning information;

(d) Referral and information on market conditions; and

(e) Information on new technology and product development;

(2) Negotiate voluntary agreements with manufacturers to increase the use of recycled materials in product development;

(3) Support research and development to stimulate new technologies and products using recycled materials;

(4) Undertake an integrated, comprehensive education effort directed to recycling businesses to promote processing, manufacturing, and purchase of recycled products, including:

(a) Providing information to recycling businesses on the availability and benefits of using recycled materials;

(b) Providing information and referral services on recycled material markets;

(d) Participating in projects to demonstrate new market uses or applications for recycled products;

(5) Assist the departments of ecology and general administration in the development of consistent definitions and standards on recycled content, product performance, and availability;

(6) Undertake studies on the unmet capital needs of reprocessing and manufacturing firms using recycled materials;

(7) Undertake and participating in marketing promotions for the purposes of achieving expanded market penetration for recycled content products;

(8) Coordinate with the department of ecology to ensure that the education programs of both are mutually reinforcing, with the center acting as the lead entity with respect to recycling businesses, and the department as the lead entity with respect to the general public and retailers; and

(9) Develop an annual work plan. The plan shall describe actions and recommendations for developing markets for commodities comprising a significant percentage of the waste stream and having potential for use as an industrial or commercial feedstock. The plan shall specify amounts, types, sources, and end uses of recycled material targeted for remanufacture, and shall show the budgeted expenses associated with each commodity. The initial plan shall, at a minimum, address mixed waste paper, waste tires, yard and food waste, and plastics. The center shall submit its annual work plan to the legislature by December 1st of each year.

NEW SECTION. Sec. 206. In order to carry out its responsibilities under this chapter, the center may:

(1) Receive such gifts, grants, funds, fees, and endowments, in trust or otherwise, for the use and benefit of the purposes of the center. The center may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(2) Initiate, conduct, or contract for studies and searches relating to market development for recyclable materials, including but not limited to applied research, technology transfer, and pilot demonstration projects;

(3) Obtain and disseminate information relating to market development for recyclable materials from other state and local agencies;

(4) Enter into, amend, and terminate contracts with individuals, corporations, trade associations, and research institutions for the purposes of this chapter;

(5) Provide grants to local governments or other public institutions to further the development of recycling markets;

(6) Provide business and marketing assistance to public and private sector entities within the state; and

(7) Evaluate, analyze, and make recommendations on state policies that may affect markets for recyclable materials.

NEW SECTION. Sec. 207. The center shall solicit financial contributions and support from manufacturing industries and other private sector sources, foundations, and grants from governmental sources to assist in conducting its activities. It may also use separately appropriated funds of the department of trade and economic development for the center's activities.

NEW SECTION. Sec. 208. The center may appoint advisory committees to assist in the development or implementation of the work plan.

NEW SECTION. Sec. 209. Section headings as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 210. A new section is added to chapter 70.93 RCW to read as follows:

There is created an account within the state treasury to be known as the clean Washington account. Moneys deposited in the clean Washington account shall be subject to appropriation and shall be used for the administration and implementation of the center for recycling markets development established under section 204 of this act.

NEW SECTION. Sec. 211. The following acts or parts of acts are each repealed:

(1) RCW 43.31.545 and 1989 c 431 s 64;

(2) RCW 43.31.552 and 1989 c 431 s 100;

(3) RCW 43.31.554 and 1989 c 431 s 101; and

(4) RCW 43.31.556 and 1990 c 127 s 1 & 1989 c 431 s 102.

NEW SECTION. Sec. 212. Sections 201 through 208 of this act shall constitute a new chapter in Title 70 RCW.

PART III

MISCELLANEOUS

Sec. 301. RCW 70.95.040 and 1987 c 115 s 1 are each amended to read as follows:

(1) There is created a solid waste advisory committee to provide consultation to the department of ecology concerning matters covered by this chapter. The committee shall advise on the development of programs and regulations for solid and dangerous waste handling, resource recovery, and recycling, and shall supply recommendations concerning methods by which existing solid and dangerous waste handling, resource recovery, and recycling practices and the laws authorizing them may be supplemented and improved.

(2) The committee shall consist of at least eleven members, including the assistant director for ((~~the division of solid~~)) waste management programs within the department. The director shall appoint ((~~ten~~)) members with due regard to the interests of the public, local government, tribes, agriculture, industry, public health, recycling industries, and the refuse removal and resource recovery industries. ((~~The director shall include among his ten appointees representatives of activities from which dangerous wastes arise and the Washington state patrol's hazardous materials technical advisory committee.~~)) The term of appointment shall be determined by the director. The committee shall elect its own ((~~chairman~~)) chair and meet at least four times a year, in accordance with such rules of procedure as it shall establish. Members shall receive no compensation for their services but shall be reimbursed their travel expenses while engaged in business of the committee in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

(3) The committee shall each year recommend to the governor a recipient for a "governor's award of excellence" which the governor shall award for outstanding achievement by an industry, company, or individual in the area of hazardous waste or solid waste management.

NEW SECTION. Sec. 302. A new section is added to chapter 82.04 RCW to read as follows:

In computing tax there may be deducted from the measure of the tax the value of reusable or recyclable material or packaging returned by the buyer to the seller.

(1) This section shall not apply to manufacturers as defined in RCW 82.04.110,

(2) For purposes of this section:

(a) The value of the returned reusable or recyclable material or packaging, and the deduction amount, is the amount charged by the seller and rebated or credited to the buyer, but not including the amount of retail sales tax rebated or credited, when the material or packaging is returned.

(b) "Reusable or recyclable materials" means recyclable materials described in RCW 70.95.030(14) and other reusable articles of tangible personal property which through the custom and the industry are returned by the buyer to the seller to be recycled or remanufactured such as, but not limited to, automotive parts or cores like batteries, starters, and brakes. Reusable or recyclable materials does not include motor vehicles, airplanes, boats, heavy equipment or other such articles of tangible personal property.

(c) "Packaging" means items such as boxes, crates, bottles, cans, bags, drums, cartons, pallets, and all other materials in which tangible personal property may be contained or protected within a container, for transportation or delivery to a purchaser.

NEW SECTION. Sec. 303. Part headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 304. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1991, in the omnibus appropriations act, this act shall be null and void.

NEW SECTION. Sec. 305. 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.

NEW SECTION. Sec. 306. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

2SSB 5591 - H COMM AMD

By Committee on Environmental Affairs

On page 1, line 1 of the title, after "recycling;" strike the remainder of the title and insert "amending RCW 70.93.020, 70.93.030, 70.95C.120, 70.95.040; repealing RCW 43.131.545, 43.131.552, 43.131.554, and 43.31.556; adding a new section to chapter 70.93 RCW; adding a new section to chapter 82.04 RCW; adding new chapters to Title 70 RCW; creating new sections; and declaring an emergency."