S-1578

AN ACT Relating to the use of polystyrene products in ferryboats and terminals; adding a new chapter to Title 47 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to protect the air, land, water, wildlife, and people of the state of Washington, to encourage prudent conservation of strategic natural resources, to promote Washington's forest products and recycling industries, and to encourage compliance with ordinances enacted by Washington municipalities, by restricting the use of polystyrene products aboard ferryboats and within ferry terminals operating within the boundaries of the state of Washington. The legislature finds that:

(1) Polystyrene foam made with chlorofluorocarbons (CFC) releases significant CFCs into the earth's atmosphere when burned or incinerated, thus contributing to the serious problem of the depletion of the ozone layer, which protects our planet from harmful levels of ultraviolet radiation that can cause skin cancer, eye damage, and other serious threats to public health and safety;

(2) Polystyrene foam products contribute to and greatly exacerbate existing litter and solid waste disposal problems in Washington, because such products are highly durable, buoyant, extremely resistant to decomposition, substantially less dense than products composed of paper or other alternative materials, and because the potential for polystyrene recycling is limited and poorly used;

(3) Polystyrene litter in Washington's waters, shores, and lands poses a serious and increasing threat to wildlife, especially waterfowl, which suffer hazard through the ingestion of polystyrene foam particles;

(4) The manufacture of polystyrene foam products is dependent upon petroleum and other fossil fuels, and it is in the national and state interest to discourage the unnecessary use of these strategic, nonrenewable resources, thus reducing our reliance upon foreign sources of energy and raw materials;

(5) Food service products made from polystyrene foam can be easily and readily replaced by items made from paper and related products manufactured by the forest products industry or recycled from forest products, thus promoting Washington's important forest products and recycling industries;

(6) Polystyrene foam products are currently used for the storage, packaging, and serving of food and beverages in connection with food service operations aboard ferryboats and within ferry terminals operating within the state of Washington;

(7) The cities of Port Townsend and Winslow have enacted ordinances greatly restricting the use of polystyrene foam products in food service applications, and it is in the interest of the state and these municipalities to mandate full compliance with these ordinances by operators of ferryboats and ferry terminals serving these communities.

NEW SECTION. Sec. 2. No restaurant, retail food vendor, food packager, nonprofit food provider, or other food service operation located aboard a ferryboat or within a ferry terminal operating within the boundaries of the state of Washington, may serve or package prepared food in containers or wrappers made in whole or in part of polystyrene foam products.

NEW SECTION. Sec. 3. The department of transportation is responsible for proper notification and enforcement of section 2 of this act aboard ferryboats and within ferry terminals that are under the supervision of the department. In all other cases, notification and enforcement of section 2 of this act is the responsibility of the utilities and transportation commission and of the prosecutors of counties where the ferryboats and ferry terminals operate.

NEW SECTION. Sec. 4. Sections 1 through 3 of this act shall constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 5. This act shall take effect January 1, 1992.