S-2096

AN ACT Relating to the reduction of solid waste through recycling; amending RCW 70.95C.120 and 70.95.040; adding new sections to chapter 43.131 RCW; adding new sections to chapter 70.95C RCW; adding a new section to chapter 82.04 RCW; adding new chapters to Title 70 RCW; creating new sections; repealing RCW 43.160.077; and prescribing penalties.

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

PART I

CENTER FOR RECYCLING MARKETS DEVELOPMENT

NEW SECTION. Sec. 101. (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. 102. 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. The director of the department may choose to operate the center as a unit within the department's business assistance center.

NEW SECTION. Sec. 103. 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. 104. 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;

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

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

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

(8) Coordinating 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.

NEW SECTION. Sec. 105. The center shall place a high priority upon commodities comprising a large proportion of the state's waste stream and for which further development of markets for recycled products are needed. Such commodities include but are not limited to mixed-waste paper, yard waste and other organic waste, plastics, and glass.

NEW SECTION. Sec. 106. 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. 107. The center shall be administered by a manager appointed by the director of the department of trade and economic development.

NEW SECTION. Sec. 108. 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. 109. The center's activities shall be conducted with the assistance of an advisory committee having members representing the private sector, recycling businesses and associations, local government, and other state agencies. The committee shall consist of a majority of private sector representatives. The center shall endeavor to include private sector representatives on the committee having an involvement with the commodities chosen by the center for high priority activities.

NEW SECTION. Sec. 110. Sections 101 through 109 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 111. A new section is added to chapter 43.131 RCW to read as follows:

The center for recycling markets and its powers and duties shall be terminated June 30, 1996.

NEW SECTION. Sec. 112. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1997:

(1) RCW 70.--.--- and section 101, chapter ..., Laws of 1991 (section 101 of this act);

(2) RCW 70.--.--- and section 102, chapter ..., Laws of 1991 (section 102 of this act);

(3) RCW 70.--.--- and section 103, chapter ..., Laws of 1991 (section 103 of this act);

(4) RCW 70.--.--- and section 104, chapter ..., Laws of 1991 (section 104 of this act);

(5) RCW 70.--.--- and section 105, chapter ..., Laws of 1991 (section 105 of this act);

(6) RCW 70.--.--- and section 106, chapter ..., Laws of 1991 (section 106 of this act);

(7) RCW 70.--.--- and section 107, chapter ..., Laws of 1991 (section 107 of this act);

(8) RCW 70.--.--- and section 108, chapter ..., Laws of 1991 (section 108 of this act); and

(9) RCW 70.--.--- and section 109, chapter ..., Laws of 1991 (section 109 of this act).

PART II

HEAVY METALS IN PACKAGING

NEW SECTION. Sec. 201. 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 as defined in ASTM D996. "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 who 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. 202. (1) As soon as feasible but not later than two years after the effective date of this section, no package or packaging component may be offered for sale or for promotional purposes by its manufacturer or distributor in the state of Washington, that includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(2) As soon as feasible but not later than two years after the effective date of this section, no product may be offered for sale or for promotional purposes by its manufacturer or distributor in the state of Washington in a package that includes, in the package itself or in any of its packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(3) The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed the following:

(a) 600 parts per million by weight effective two years after the effective date of this section;

(b) 250 parts per million by weight effective three years after the effective date of this section; and

NEW SECTION. Sec. 203. 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) Packages and packaging components that would not exceed the maximum contaminant levels set forth in section 202(3) 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. 204. As soon as feasible but not later than two years after the effective date of this section, 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, provided, however, where compliance is achieved under the exemption or exemptions provided in section 203(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. 205. 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. 206. The department of ecology may suspend 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 204 of this act.

NEW SECTION. Sec. 207. The center and the department of ecology shall conduct a public education program aimed toward achieving voluntary changes in consumer, retailer, distributor, and manufacturer behavior regarding packaging waste reduction and recycling. The program may include a variety of media and other strategies, such as in-store displays and signing, manufacturer logos, government awards programs, and participation of trade associations. The center shall be the lead entity to direct its educational program toward manufacturers, distributors, and recycling businesses, and the department shall be the lead entity with respect to consumers and retailers.

NEW SECTION. Sec. 208. The state solid waste advisory committee shall review the effectiveness of this chapter and report to the legislature by December 1, 1993. 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 202 of this act, and shall contain a recommendation whether to continue the recycling exemption as it is provided for in section 203 of this act.

Sec. 209. 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 thousand dollars shall be presented to the school having the best recycling 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. 210. Sections 201 through 208 of this act shall constitute a new chapter in Title 70 RCW.

PART III

PLASTICS

NEW SECTION. Sec. 301. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 302 and 303 of this act.

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

(2) On or 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. 303. (1) After being notified that a plastic container does not comply with section 302 of this act, a person who violates section 302 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 until January 1, 1994, to clear current inventory, delivered or received and held in their possession as of the effective date of this section. Distributors shall not be subject to subsection (1) of this section for sale of such inventory.

(3) Subsection (1) of this section shall not apply to those containers that have been purchased by, delivered to, or are possessed by a retailer on or before January 1, 1994, to permit opportunity to clear existing inventory.

NEW SECTION. Sec. 304. Sections 301 through 303 of this act are each added to chapter 70.95C RCW.

PART IV

MISCELLANEOUS

NEW SECTION. Sec. 401. A new section is added to chapter 82.04 RCW to read as follows:

(1) A refundable deposit rebated to a purchaser shall be deducted from the selling price and excluded from gross income for tax purposes. For the purposes of this chapter, a "refundable deposit" means an amount that is collected by the seller at the time of sale with the understanding that the amount shall be deemed to be security to ensure the return of reusable or recyclable materials or packaging and that will be rebated or credited to the purchaser when a substantially similar reusable or recyclable material or packaging is returned to the seller.

(2) When a seller has rebated or credited a refundable deposit to a purchaser upon return of substantially similar reusable or recyclable materials or packaging pursuant to this section, the seller shall deduct an amount equal to the deposit actually rebated or credited from gross proceeds of sales in computing tax liability on the reusable or recyclable materials or packaging.

Sec. 402. 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 eleven members, including the assistant director for the division of solid waste management within the department. The director shall appoint ten members with due regard to the interests of the public, local government, agriculture, industry, public health, 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 director shall appoint the committee which shall consist of at least eleven members, including the department's assistant director for waste management programs or the appropriate designee. The director shall appoint members with due regard to all interests in solid waste management and resource recovery. The term of appointment shall be determined by the director. The committee shall elect its own chairman 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. 403. RCW 43.160.077 and 1989 c 431 s 63 are each repealed.

NEW SECTION. Sec. 404. Part headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 405. If specific funding for the purposes of sections 101 through 112 of this act, referencing sections 101 through 112 of this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, sections 101 through 112 of this act shall be null and void.