S-2055

AN ACT Relating to recycling; amending RCW 43.19.538; adding a new section to chapter 43.78 RCW; adding a new section to chapter 47.28 RCW; adding a new section to chapter 19.27 RCW; adding a new section to Title 28A RCW; adding a new chapter to Title 43 RCW; creating new sections; and repealing RCW 43.19.537.

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

NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The legislature finds that:

(a) Washington state citizens have demonstrated enormous support for recycling programs, resulting in a state-wide recycling rate of twenty-eight percent of solid waste generated in 1988, the highest rate in the country.

(b) Additional programs for collection of recyclable products will further increase this recycling rate toward Washington's state-wide goal of fifty percent by 1995.

(c) The success of Washington's recycling effort cannot be measured by the collection of recyclable materials alone, because the full cycle in recycling requires, in addition to collection, the processing, manufacturing, sale, and eventual use of recycled content products.

(d) Unless there is sufficient market demand for recycled products, recycling collection programs will ultimately fail to achieve the objective of diverting large portions of the waste stream from landfills and incinerators.

(e) The collection, sorting, processing, and remanufacturing of recyclable materials involves new technologies and management techniques, and is primarily conducted by small businesses that would benefit from technical and other assistance that may be provided by public agencies.

(2) It is the purpose of this chapter to:

(a) Substantially increase the procurement of recycled content products by all local and state governmental agencies and public schools, providing a model to encourage comparable commitment by Washington state citizens and businesses in their purchasing practices;

(b) Target government procurement policies and goals toward those recycled products for which there are significant market development needs or that may substantially contribute to solutions to the state's waste management problem;

(d) Provide the necessary authority to all governmental agencies to adopt preferential purchasing policies for recycled products, including price preferences;

(e) Direct state agencies to develop strategies to increase recycled product purchases, and to provide specific goals for procurement of recycled paper products and organic recovered materials; and

(f) Provide guidance and direction for local governments and other public agencies to develop plans for increasing the procurement of recycled content products.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Compost" means the biological and manual conversion of waste materials into a humus-like material, or the product derived from such a process.

(2) "Construction and demolition waste" means the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures.

(3) "Contractor" means persons or companies contracting with an agency with respect to work performed under such contracts.

(4) "Department" means the department of general administration.

(5) "Director" means the director of the department of general administration.

(6) "Food waste" means the organic residues generated by the handling, storage, sale, preparation, cooking, and serving of foods.

(7) "Land clearing debris" means tree stumps, trunks, brush, or other vegetation or plant waste generated solely from the process of clearing land.

(8) "Local government" means a city, town, county, special purpose district, school district, or other municipal corporation.

(9) "Lubricating oil" means petroleum-based oils for reducing friction in engine parts and other mechanical parts.

(10) "Mixed waste paper" means assorted low-value grades of paper that have not been separated into individual grades of paper at the point of collection.

(11) "Nonrecyclable" means those materials that are not capable of being recycled and that would otherwise be processed or disposed of as solid waste.

(12) "Organic recovered materials" means a product or products made from composting, grinding, screening, or other processing of yard waste, land clearing debris, or other solid waste, where such products are to be used for compost, mulch, erosion control, ground cover, or other landscaping or similar purposes.

(13) "Paper and paper products" means all items manufactured from paper or paperboard.

(14) "Postconsumer waste" means a material or product that has served its intended use and has been discarded for disposal or recovery after passing through the hands of a final consumer.

(15) "Procurement officer" means the person that has the primary responsibility for procurement of materials or products.

(16) "Public agency" means all local governments and state agencies.

(17) "State agency" means all units of state government, including divisions of the governor's office, the legislature, the judiciary, state agencies and departments, correctional institutions, vocational technical institutions, and universities and colleges.

(18) "Recyclable" means materials that still have useful physical, chemical, or biological properties after serving their original purposes and can, therefore, be reused or recycled for the same or other purposes.

(19) "Recycled content product" or "recycled product" means a product containing recycled materials.

(20) "Recycled materials" means waste materials and by-products that have been recovered or diverted from solid waste and that can be utilized in place of a raw or virgin material in manufacturing a product and consists of materials derived from postconsumer waste, manufacturing waste, industrial scrap, agricultural wastes, and other items, all of which can be used in the manufacture of new or recycled products.

(21) "Re-refined oils" means used lubricating oils from which the physical and chemical contaminants acquired through previous use have been removed through a refining process. Re-refining may include distillation, hydrotreating, or treatments employing acid, caustic, solvent, clay, or other chemicals, or other physical treatments other than those used in reclaiming.

(22) "Manufacturing waste" means waste resulting from a part of a manufacturing process that, unless incorporated as feedstock in product manufacture, must be disposed of as a waste.

(23) "Sewage sludge" means a nonhazardous solid, semisolid, or liquid waste generated from a municipal, commercial, institutional or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility.

(24) "USEPA product standards" means the product standards of the United States environmental protection agency for recycled content published in the code of federal regulations.

(25) "Yard waste" means vegetative prunings, leaves, grass, or branches generated from residential yards or other landscaped areas.

NEW SECTION. Sec. 3. STANDARDS FOR RECYCLED CONTENT. (1) The director shall adopt standards that specify the minimum content of recycled materials in products or product categories. The standards shall:

(a) Be consistent with the USEPA product standards, unless the director finds that a different standard would significantly increase recycled product availability or competition;

(b) Consider the standards of other nearby states, to encourage consistency of manufacturing standards;

(d) Address specific products or classes of products; and

(e) Consider postconsumer waste content and the future recyclability of the product.

(2) The director shall obtain the comments of the supply management board and department of ecology prior to adopting the recycled content standards.

(3) The director shall adopt recycled content standards for at least the following products by the dates indicated:

(a) By July 1, 1992:

(i) Paper and paper products;

(ii) Organic recovered materials;

(b) By July 1, 1993:

(i) Products for lower value uses containing recycled plastics;

(ii) Retread and remanufactured tires;

(iii) Lubricating oils;

(iv) Automotive batteries; and

(v) Building insulation.

(4) The standards required by this section shall be applied to recycled product purchasing by the department and other state agencies. The standards may be adopted or applied by any other public agency in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.

NEW SECTION. Sec. 4. LOCAL GOVERNMENT PROCUREMENT PROGRAMS. (1) For purposes of this section only, "local government" means any city, town, county, special purpose district, school district, or other municipal corporation whose expenditures for supplies, excluding expenditures for capital goods, exceeded five hundred thousand dollars for fiscal year 1989. A city purchasing power, water, or gas for resale shall exclude these expenditures in determining its inclusion within this definition.

(2) On or before January 1, 1993, each local government shall review its existing procurement policies and specifications to determine whether recycled products are intentionally or unintentionally excluded. The policies and specifications shall be revised to include such products unless a recycled content product does not meet an established performance standard of the agency.

(3) Each local government shall adopt a minimum purchasing goal for 1995 for recycled content as a percentage of the total dollar value of goods and commodities purchased. To assist in achieving this goal each local government shall adopt a strategy by January 1, 1993, and shall submit a description of the strategy to the department. The department shall report to the legislature by October 1, 1993, on the progress of implementation by local governments, and shall thereafter periodically report on the progress of recycled product purchasing by state and other public agencies. All public agencies shall respond to requests for information from the department for the purpose of its reporting requirements under this section.

(4) Each local government shall designate a procurement officer who shall serve as the primary contact with the department for compliance with the requirements of this chapter.

Sec. 5. RCW 43.19.538 and 1988 c 175 s 2 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 products which will provide for preferential purchase of products containing ((~~recovered~~)) recycled material by:

(a) The use of a weighting factor determined by the amount of ((~~recovered~~)) recycled material in a product, where appropriate and known in advance to potential bidders, to determine the lowest responsible bidder. The actual dollars bid shall be the contracted amount. If the department determines, according to criteria established by rule that the use of this weighting factor does not encourage the use of more ((~~recovered~~)) recycled material, the department shall consider and award bids without regard to the weighting factor. In making this determination, the department shall consider but not be limited to such factors as adequate competition, economics or environmental constraints, quality, and availability.

(b) Requiring a written statement of the percentage range of ((~~recovered material~~)) recycled content from the bidder providing products containing ((~~recovered material~~)) recycled. The range may be stated in ((~~fifteen~~)) five percent increments.

(2) The director shall develop a directory of businesses that supply products containing significant quantities of ((~~recovered~~)) recycled materials. This directory may be combined with and made accessible through the data base of recycled content products to be developed under section 8 of this act.

(3) The director shall encourage all parties using the state purchasing office to purchase products containing ((~~recovered~~)) recycled materials.

(4) The rules, specifications, and bid evaluation shall be consistent with recycled content standards adopted under section 3 of this act.

NEW SECTION. Sec. 6. (1) All public agencies shall consider the adoption of policies, rules, or ordinances to provide for the preferential purchase of recycled content products. Any public agency may adopt the preferential purchasing policy of the department of general administration, or portions of such policy, or another policy that provides a preference for recycled content products.

(2) The department of general administration shall prepare a model recycled content preferential purchase policy suitable for adoption by public agencies, including units of local government and public school districts. The model policy shall be widely distributed and provided through the technical assistance and workshops under section 9 of this act.

(3) A public agency that is not subject to the purchasing authority of the department of general administration, and that adopts the preferential purchase policy or rules of the department, shall not be limited by the percentage price preference included in such policy or rules.

NEW SECTION. Sec. 7. STATE AGENCY PROCUREMENT. The department shall prepare a consolidated state plan to increase purchases of recycled products by the department and other state agencies, including higher education institutions, and including purchases as a part of public works contracts and personal services contracts. The plan shall adopt goals for the purchase of plastic products, retread and remanufactured tires, motor vehicle lubricants, and lead acid batteries having recycled content. The plan shall incorporate actions to achieve the following specific goals for the purchase of recycled content paper products and organic recovered materials:

(1) Paper products as a percentage of the total dollar amount purchased on an annual basis:

(a) At least forty percent by 1993;

(b) At least fifty percent by 1994;

(2) Organic recovered materials as a percentage of the total dollar amount on an annual basis:

(a) At least twenty-five percent by 1993;

(b) At least forty percent by 1995;

NEW SECTION. Sec. 8. DATA BASE. (1) The department shall develop a data base of available products with recycled materials, and vendors who carry the products. The data base shall incorporate information regarding product consistency with the content standards adopted under section 3 of this act. The department shall incorporate information developed though public agency procurement of recycled products.

(2) The department shall report to the 1993 legislature on the cost and means of making the data base fully accessible by all public agencies and the private sector.

(3) The department shall compile records of purchases by the department or pursuant to department authorities, and information provided by other public agencies, regarding:

(a) The percentage of recycled content and, if known, the postconsumer waste in the products purchased;

(b) Price paid;

(d) Agency experience with the performance of recycled products and the supplier under the terms of the purchase.

NEW SECTION. Sec. 9. PUBLIC AGENCY PROCUREMENT EDUCATION PROGRAM. (1) The department shall implement an education program to encourage maximum procurement of recycled products by public agencies. The program shall include at least the following:

(a) Providing technical assistance to all public agencies and their designated procurement officers on the requirements of this chapter, including preparation of model purchase contracts, the preparation of procurement plans, and the availability of recycled products;

(b) Conducting at least two workshops annually to which all public agencies are invited;

(2) The director shall, in consultation with the department of ecology, make available to the public, local jurisdictions, and the private sector, a comprehensive list of substitutes for extremely hazardous, hazardous, toxic, and nonrecyclable products, and disposable products intended for a single use. The department and all state agencies exercising the purchasing authorities of the department shall include the substitute products on bid notifications, except where the department allows an exception based upon product availability, price, suitability for intended use, or similar reasons.

(3) The department shall prepare model procurement guidelines for use by units of local government.

NEW SECTION. Sec. 10. A new section is added to chapter 43.78 RCW to read as follows:

PUBLIC PRINTER. The public printer shall maximize the purchase of paper stock with recycled content and shall grant the price preference authorized by section 5 of this act if necessary. In addition to the goals established by section 7 of this act, the public printer shall ensure that seventy-five percent or more of the total dollar amount of printing paper stock used by the printer is recycled content paper by January 1, 1995.

NEW SECTION. Sec. 11. BID NOTIFICATION. A notation regarding a public agency's intent to procure products with recycled content must be prominently displayed in the procurement solicitation or invitation to bid including:

(1) A statement in each product specification describing the postconsumer waste content or recycled content preferred; and

(2) A statement describing the agency's preference program.

NEW SECTION. Sec. 12. VENDOR CERTIFICATION. (1) After July 1, 1992, vendors shall certify the recycled material content of products sold to public agencies, specifically identifying the percentage of postconsumer waste and other recycled material that is in the product. The certification shall be in the form of a label on the product or a statement by the vendor attached to the bid documents.

(2) The certification on multicomponent or multimaterial products shall verify the percentage and type of postconsumer waste and recycled content by volume contained in the major constituents of the product.

(3) The procuring agency may state in bid solicitations that permission to verify the certification by review of the bidder or manufacturer's records must be granted as a condition of the bid award, in the event of a bidder's protest or other challenge to the bid accepted.

(4) The department shall adopt rules by May 1, 1992, describing the contents of the certification required by this section.

NEW SECTION. Sec. 13. PROCUREMENT OF ORGANIC RECOVERED MATERIALS.

(1) The department shall increase the procurement of organic recovered materials for all state facilities and grounds that require landscaping or similar work. The department shall survey available vendors and state facilities for which such products are suitable, and attempt to match such supplies and need to lower transportation and other costs. The department shall consider and implement modification of performance standards where appropriate to achieve greater procurement of organic recovered materials.

(2) Beginning July 1, 1992, the total of department contracts awarded in whole or in part for the purpose of applying landscaping materials shall include organic recovered materials meeting the following schedule:

(a) For the period July 1, 1992, through June 30, 1994, twenty-five percent of the total dollar amount of purchases of such landscaping materials;

(b) On and after July 1, 1994, fifty percent of the total dollar amount of purchases of such landscaping materials.

NEW SECTION. Sec. 14. A new section is added to chapter 47.28 RCW to read as follows:

ORGANIC RECOVERED MATERIALS IN TRANSPORTATION PROJECTS. (1) A contract awarded in whole or in part for the purpose of applying landscaping materials as a soil cover or soil amendment to state highway rights of way shall specify that compost products be purchased in accordance with the following schedule:

(a) For the period July 1, 1991, through June 30, 1993, twenty-five percent of the total dollar amount purchased;

(b) For the period July 1, 1993, through June 30, 1995, fifty percent of the total dollar amount purchased. The percentages in this subsection apply only to the materials' value, and do not include services or other materials.

(2) In order to carry out the provisions of this section, the department of transportation shall develop and adopt bid specifications for compost products used in state highway construction projects.

NEW SECTION. Sec. 15. A new section is added to chapter 19.27 RCW to read as follows:

STATE BUILDING CODE STUDY. The state building code council, in consultation with the department of ecology and local governments, shall conduct a study of the state building code, and adopt changes necessary to encourage greater use of recycled building materials from construction and building demolition debris, mixed waste paper, waste plastics, and other waste materials.

NEW SECTION. Sec. 16. USE OF RECYCLED MATERIALS IN ROAD CONSTRUCTION. The department of transportation shall prepare and forward to the legislature on or before January 1, 1992, a study of the use of recycled materials for public highways, roads, bicycle routes, trails, and paths. The study shall include, but not be limited to:

(1) An analysis of the types of recycled materials appropriate and feasible as alternative paving material such as glass, tires, or incinerator ash;

(2) An analysis of waste tire rubber uses including, but not limited to, erosion control mats, highway stabilization mats, ferry bumpers, highway crash attenuation barriers, road subbase materials, or backfill;

(3) An analysis of using recycled mixed-plastic materials for guard rail posts, right of way fence posts, and sign supports;

(4) Strategies to test and monitor the use of recycled content materials in road construction;

(5) The development of materials specifications;

(6) Plans or proposals for pilot programs or demonstration projects using recycled materials; and

(7) Identification of recycled material sources and vendors to ensure competitive product pricing and material availability over the long term.

NEW SECTION. Sec. 17. ORGANIC RECOVERED MATERIALS IN LOCAL ROAD PROJECTS. (1) Each county and city required to prepare a strategy under section 4 of this act shall adopt specifications for compost products to be used in road projects. The specifications developed by the department of transportation under section 14 of this act may be adopted by the city or county in lieu of developing specifications.

(2) Beginning July 1, 1992, any contract awarded in whole or in part for applying soils, soil covers, or soil amendments to road rights of way shall specify that organic recovered materials be purchased in accordance with the following schedule:

(a) For the period July 1, 1992, through June 30, 1994, at least twenty-five percent of the total dollar amount of purchases by the city or county;

(b) On and after July 1, 1994, at least fifty percent of the total dollar amount of purchases by the city or county.

(3) The city or county may depart from the schedule in subsection (2) of this section where it determines that no suitable product is available at a reasonable price.

NEW SECTION. Sec. 18. A new section is added to Title 28A RCW to read as follows:

Every school board of directors shall consider the purchase of playground matting manufactured from shredded waste tires in undertaking construction or maintenance of playgrounds. The department of general administration shall upon request assist in the development of product specifications and vendor identification.

NEW SECTION. Sec. 19. RCW 43.19.537 and 1988 c 175 s 1 & 1982 c 61 s 1 are each repealed.

NEW SECTION. Sec. 20. CODIFICATION. Sections 1 through 4, 6 through 9, 11 through 13, 16, and 17 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 21. CAPTIONS NOT LAW. Captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 22. 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.