AN ACT
Relating to technical corrections to solid waste and recycling laws; amending
RCW 70.95G.020, 70.95H.030, and 36.58.090; and reenacting and amending RCW
36.58.040.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.95G.020 and 1991 c 319 s 108 are each amended to read as follows:
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)
Six hundred parts per million by weight effective July 1, 1993;
(2)
Two hundred fifty parts per million by weight effective July 1, 1994; and
(3)
One hundred parts per million by weight effective July 1, 1995 ((after May
21, 1991)).
This
section shall apply only to lead, cadmium, mercury, and hexavalent chromium
that has been intentionally introduced as an element during manufacturing or
distribution.
Sec.
2. RCW
70.95H.030 and 1991 c 319 s 205 are each amended to read as follows:
The
center shall:
(1)
Provide targeted business assistance to recycling businesses, including:
(a)
Development of business plans;
(b)
Market research and planning information;
(c)
Access to financing programs;
(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 and provide research and development to stimulate and commercialize new
and existing 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)
Provide information to recycling businesses on the availability and benefits of
using recycled materials;
(b)
Provide information and referral services on recycled material markets;
(c)
Provide information on new research and technologies that may be used by local
businesses and governments; and
(d)
Participate 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)) participate 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;
(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 initial plan shall address, but not be limited to,
mixed waste paper, waste tires, yard and food waste, and plastics; and
(10)
Represent the state in regional and national market development issues.
Sec.
3. RCW
36.58.040 and 1989 c 431 s 28 and 1989 c 399 s 9 are each reenacted and amended
to read as follows:
The
legislative authority of a county may by ordinance provide for the
establishment of a system or systems of solid waste handling for all
unincorporated areas of the county or for portions thereof. A county may
designate a disposal site or sites for all solid waste collected in the
unincorporated areas pursuant to the provisions of a comprehensive solid waste
plan adopted pursuant to chapter 70.95 RCW. However for any solid waste
collected by a private hauler operating under a certificate granted by the
Washington utilities and transportation commission under the provisions of
chapter 81.77 RCW and which certificate is for collection in a geographic area
lying in more than one county, such designation of disposal sites shall be
pursuant to an interlocal agreement between the involved counties.
A
county may construct, lease, purchase, acquire, add to, alter, or extend solid
waste handling systems, plants, sites, or other facilities and shall have full
jurisdiction and authority to manage, regulate, maintain, utilize, operate,
control, and establish the rates and charges for those solid waste handling
systems, plants, sites, or other facilities. A county may enter into
agreements with public or private parties to: (1) Construct, purchase,
acquire, lease, add to, alter, extend, maintain, manage, utilize, or operate
publicly or privately owned or operated solid waste handling systems, plants,
sites, or other facilities; (2) establish rates and charges for those systems,
plants, sites, or other facilities; (3) designate particular publicly or
privately owned or operated systems, plants, sites, or other facilities as
disposal sites; (4) process, treat, or convert solid waste into other valuable
or useful materials or products; and (5) sell the material or products of those
systems, plants, or other facilities.
The
legislative authority of a county may award contracts for solid waste handling
that provide that a county provide for a minimum periodic fee or other method
of compensation in consideration of the operational availability of those solid
waste handling systems, plants, sites, or other facilities at a specified
minimum level, without regard to the ownership of the systems, plants, sites or
other facilities, or the amount of solid waste actually handled during all or
any part of the contract. When a minimum level of solid waste is specified in
a contract entered into under this section, there shall be a specific
allocation of financial responsibility in the event the amount of solid waste
handled falls below the minimum level provided in the contract. Solid waste
handling systems, plants, sites, or other facilities constructed, purchased,
acquired, leased, added to, altered, extended, maintained, managed, utilized,
or operated pursuant to this section, whether publicly or privately owned,
shall be in substantial compliance with the solid waste management plan
applicable to the county adopted pursuant to chapter 70.95 RCW. Agreements relating
to such solid waste handling systems, plans, sites, or other facilities may be
for such term and may contain such covenants, conditions, and remedies as the
legislative authority of the county may deem necessary or appropriate.
As
used in this chapter, the terms "solid waste" and "solid waste
handling" shall be as defined in RCW 70.95.030.
The
legislative authority of a county may:
(1) By
ordinance award a contract to collect source separated recyclable materials
from residences within unincorporated areas. The legislative authority has
complete authority to manage, regulate, and fix the price of the source
separated recyclable collection service. The contracts may provide that the
county pay minimum periodic fees to a municipal entity or permit holder; or
(2)
Notify the commission in writing to carry out and implement the provisions of
the waste reduction and recycling element of the comprehensive solid waste
management plan.
This
election may be made by counties at any time after July 23, 1989. An initial
election must be made no later than ninety days following approval of the local
comprehensive waste management plan required by RCW 70.95.090.
Nothing
in this section shall be construed to authorize the operation of a solid waste
collection system by counties or to authorize counties to affect the authority
of the utilities and transportation commission under RCW 81.77.020.
((The
alternative selection process provided by this section may not be used in the
selection of a person or entity to construct a publicly owned facility for the
storage or transfer of solid waste or solid waste handling equipment unless the
facility is either (a) privately operated pursuant to a contract greater than
five years, or (b) an integral part of a solid waste processing facility
located on the same site. Instead, the applicable provisions of RCW 36.32.250,
and chapters 39.04 and 39.30 RCW shall be followed.))
Sec.
4. RCW
36.58.090 and 1989 c 399 s 10 are each amended to read as follows:
(1)
Notwithstanding the provisions of any county charter or any law to the
contrary, and in addition to any other authority provided by law, the
legislative authority of a county may contract with one or more vendors for one
or more of the design, construction, or operation of, or other service related
to, the solid waste handling systems, plants, sites, or other facilities in
accordance with the procedures set forth in this section. When a contract for
design services is entered into separately from other services permitted under
this section, procurement shall be in accord with chapter 39.80 RCW. For the
purpose of this chapter, the term "legislative authority" shall mean
the board of county commissioners or, in the case of a home rule charter county,
the official, officials, or public body designated by the charter to perform
the functions authorized therein.
(2) If
the legislative authority of the county decides to proceed with the
consideration of qualifications or proposals for services from vendors, the
county shall publish notice of its requirements and request submission of
qualifications statements or proposals. The notice shall be published in the
official newspaper of the county at least once a week for two weeks not less
than sixty days before the final date for the submission of qualifications
statements or proposals. The notice shall state in summary form (a) the
general scope and nature of the design, construction, operation, or other
service, (b) the name and address of a representative of the county who can
provide further details, (c) the final date for the submission of
qualifications statements or proposals, (d) an estimated schedule for the
consideration of qualifications, the selection of vendors, and the negotiation
of a contract or contracts for services, (e) the location at which a copy of
any request for qualifications or request for proposals will be made available,
and (f) the criteria established by the legislative authority to select a
vendor or vendors, which may include but shall not be limited to the vendor's
prior experience, including design, construction, or operation of other similar
facilities; respondent's management capability, schedule availability and
financial resources; cost of the services, nature of facility design proposed
by the vendor; system reliability; performance standards required for the
facilities; compatibility with existing service facilities operated by the
public body or other providers of service to the public; project performance
guarantees; penalty and other enforcement provisions; environmental protection
measures to be used; consistency with the applicable comprehensive solid waste
management plan; and allocation of project risks.
(3) If
the legislative authority of the county decides to proceed with the
consideration of qualifications or proposals, it may designate a representative
to evaluate the vendors who submitted qualifications statements or proposals
and conduct discussions regarding qualifications or proposals with one or more
vendors. The legislative authority or representative may request submission of
qualifications statements and may later request more detailed proposals from
one or more vendors who have submitted qualifications statements, or the
representative may request detailed proposals without having first received and
evaluated qualifications statements. The representative shall evaluate the
qualifications or proposals, as applicable. If two or more vendors submit
qualifications or proposals that meet the criteria established by the
legislative authority of the county, discussions and interviews shall be held
with at least two vendors. Any revisions to a request for qualifications or
request for proposals shall be made available to all vendors then under
consideration by the city or town and shall be made available to any other
person who has requested receipt of that information.
(4)
Based on criteria established by the legislative authority of the county, the
representative shall recommend to the legislative authority a vendor or vendors
that are initially determined to be the best qualified to provide one or more
of the design, construction, or operation of, or other service related to, the
proposed project or services. The legislative authority may select one or more
qualified vendors for one or more of the design, construction, or operation of,
or other service related to, the proposed project or services.
(5)
The legislative authority or its representative may attempt to negotiate a
contract with the vendor or vendors selected for one or more of the design,
construction, or operation of, or other service related to, the proposed
project or services on terms that the legislative authority determines to be
fair and reasonable and in the best interest of the county. If the legislative
authority or its representative is unable to negotiate such a contract with any
one or more of the vendors first selected on terms that it determines to be
fair and reasonable and in the best interest of the county, negotiations with any
one or more of the vendors shall be terminated or suspended and another
qualified vendor or vendors may be selected in accordance with the procedures
set forth in this section. If the legislative authority decides to continue
the process of selection, negotiations shall continue with a qualified vendor
or vendors in accordance with this section at the sole discretion of the
legislative authority until an agreement is reached with one or more qualified
vendors, or the process is terminated by the legislative authority. The
process may be repeated until an agreement is reached.
(6)
Prior to entering into a contract with a vendor, the legislative authority of
the county shall make written findings, after holding a public hearing on the
proposal, that it is in the public interest to enter into the contract, that
the contract is financially sound, and that it is advantageous for the county
to use this method for awarding contracts compared to other methods.
(7)
Each contract shall include a project performance bond or bonds or other
security by the vendor that in the judgment of the legislative authority of the
county is sufficient to secure adequate performance by the vendor.
(8)
The provisions of chapters 39.12, 39.19, and 39.25 RCW shall apply to a contract
entered into under this section to the same extent as if the systems and plants
were owned by a public body.
(9)
The vendor selection process permitted by this section shall be supplemental to
and shall not be construed as a repeal of or limitation on any other authority
granted by law.
(10)
The alternative selection process provided by this section may not be used in
the selection of a person or entity to construct a publicly owned facility for
the storage or transfer of solid waste or solid waste handling equipment unless
the facility is either (a) privately operated pursuant to a contract greater
than five years, or (b) an integral part of a solid waste processing facility
located on the same site. Instead, the applicable provisions of RCW 36.32.250 and
chapters 39.04 and 39.30 RCW shall be followed.
