SENATE BILL REPORT

                                   ESHB 1459

          AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES

                                 APRIL 2, 1991

Brief Description:  Creating a comprehensive approach to recycling and recyclable material markets.

SPONSORS:House Committee on Environmental Affairs (originally sponsored by Representatives Sprenkle, Rust, Valle, G. Fisher, Pruitt, Basich, R. Johnson, Jacobsen, Braddock, Phillips, Scott, Cooper, D. Sommers, Roland, Nelson, Spanel, Brekke and Wineberry).

HOUSE COMMITTEE ON ENVIRONMENTAL AFFAIRS

HOUSE COMMITTEE ON REVENUE

SENATE COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES

Majority Report:  Do pass as amended.

      Signed by Senators Metcalf, Chairman; Oke, Vice Chairman; Amondson, Barr, Owen, Patterson, Snyder, and Sutherland. 

Staff:  Gary Wilburn (786‑7453)

Hearing Dates:April 2, 1991

BACKGROUND:

Packaging comprises one-third of the total waste stream.  Paper is the most common packaging material; others include plastics, glass, and metals.  Cardboard and aluminum currently have relatively high recycling rates.  Plastic packaging and bottles, glass bottles, and tin cans currently have relatively low recycling rates.

At 28 percent, Washington currently has the nation's highest recycling rate.  This high level of recycling is due, in part, to 1989 legislation that requires curbside recycling in urban areas of the state and establishes a goal of 50 percent recycling by 1995.  This legislation also established an award program of $10,000 per award for the grade school, junior high, and high school with the best waste reduction and recycling program.

Markets for recyclable materials have not developed at the same pace as have local collection programs.  As a result, the price paid for many recyclables has decreased.   Expected increases in population and waste generation rates could triple the amount of recyclables collected within the next 20 years.

Used oil can be readily processed into a fuel for use in ocean-going vessels and in certain land-based facilities.  With more extensive processing, used oil can also be made back into a lubricating oil.  No such processing capability currently exists within the state.  Gas stations have typically accepted used oil from the public; however, liability concerns have caused most gas stations to stop accepting used oil.  The lack of locations to accept used oil from the public has caused concern that used oil is causing contamination of drinking water through its improper disposal.

SUMMARY:

Packaging:  Plastic bottles must have a label depicting the type of plastic resin used in its manufacture.  The amount of certain toxic metals in packaging is reduced over a six-year period.  In 1995, the state Solid Waste Advisory Committee must report to the Legislature on the need to restrict other metals from packaging materials.

The number of awards for school recycling programs is increased from three to 15.  A $5,000 award is created for the school with the best waste reduction program.

A task force on recycling funding is created.  The task force is to consist of 14 persons including legislative, agency, local government, business, and environmental representatives.  The task force must report its findings on long-term funding mechanisms for recycling programs to the Legislature by December, 1991.  The task force terminates in January, 1992.

Clean Washington Center:  The Clean Washington Center is created within the Department of Trade and Economic Development (DTED).  The board will consist of 11 members as follows:  two members from the Legislature, two from local governments, six from private industry, and the director of DTED as an ex-officio member.  The center must develop an annual work plan specifying the center's activities.  The first plan is to emphasize markets for yard waste, mixed waste paper, and plastics.  An account is created within the state treasury to receive fees, grants, and/or gifts.

Used Oil Recycling:  By July 1, 1993, cities and counties are required to amend household hazardous waste plans to include specific provisions for collecting used oil from the public.

By July 1, 1992, the Department of Ecology must prepare used oil guidelines for cities and counties.  The guidelines must establish a statewide recycling goal and local recycling goals.  The department must also recommend the number of sites needed to achieve such goals.  The department is directed to prepare guidelines in conjunction with cities and counties amending their plans.

Persons selling 1,000 or more gallons of lubricating oil per year or selling more than 500 oil filters per year are required to post signs stating where used oil can be recycled.  Such persons are also required to sell containers for collecting used oil.

The Department of Ecology must conduct a statewide education program on used oil recycling and assist cities and counties in local education programs.

By July 1, 1992, used oil cannot be used for dust suppression or weed control.  Kits incorporating an absorbent to collect used oil for recycling are also prohibited.

By July 1, 1992, persons transporting used oil for profit must conform to rules adopted by the Department of Ecology.

Regulatory standards for used oil are put into statute.  Exemptions from such standards are made for used oil burned in certain commercial space heaters, ocean-going vessels, and as provided by Department of Ecology or local air authorities.  The standard for lead is tightened to 50 parts per million in 1995.  The Department of Ecology is directed to develop standards for blending used oil into fuels.

      Appropriation:  none

Revenue:  none

Fiscal Note:  available

SUMMARY OF PROPOSED SENATE AMENDMENT:

The following provisions of the bill are deleted:  (1) creating the Clean Washington Center; (2) labelling of plastic bottles as to resin used; (3) reducing toxic metals in packaging; and (4) school recycling awards.  A deduction is provided from the B&O tax computation for the value of returned reusable or recycled materials where such returns are customary in the industry.  Used oil recycling provisions are amended to clarify that manifests from each household collection are not required.  Additionally, service operations collecting small quantities of used oil are exempt from the planning provisions of the 1990 hazardous waste minimization legislation.  A prohibition upon use of used oil for road dust suppression is deleted.

TESTIMONY FOR:

There are not adequate facilities for recycling of used motor oil and the bill will significantly expand these services.

TESTIMONY AGAINST:  None

TESTIFIED:  Paul Parker, Washington State Association of Counties (pro); Doris Cellarius, Sierra Club (pro); Jim Boldt, Washington Auto Dealers; Ray Hoffman, Seattle Solid Waste Utility (pro); Tom Kilbane, Pacific Northwest Oil Corp. (pro)