1231-S.E [atlas:bill]

AN ACT Relating to promoting the recycled content of products and buildings; amending RCW 43.19A.020, 43.19A.050, 43.78.170, and 47.28.220; adding new sections to chapter 39.04 RCW; creating a new section; and repealing RCW 43.19A.090 and 43.19A.100.

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

Sec. 1. RCW 43.19A.020 and 1995 c 269 s 1406 are each amended to read as follows:

(1) The director shall adopt standards specifying 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 states, to encourage consistency of manufacturing standards;

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

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

(2) The director shall consult with the 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~~)) 1997:

(i) Paper and paper products;

(ii) Organic recovered materials; and

(iii) Latex paint products;

(b) By July 1, ((~~1993~~)) 1997:

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

(ii) Retread and remanufactured tires;

(iii) Lubricating oils;

(iv) Automotive batteries; ((~~and~~))

(v) Building insulation;

(vi) Panelboard; and

(vii) Compost products.

(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 local government 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.

Sec. 2. RCW 43.19A.050 and 1991 c 297 s 7 are each amended to read as follows:

The department shall prepare a ((~~mandatory state plan~~)) strategy to increase purchases of recycled-content products by the department and all state agencies, including higher education institutions. The ((~~plan~~)) strategy shall include purchases from public works contracts. The ((~~plan~~)) strategy shall address the purchase of plastic products, retread and remanufactured tires, motor vehicle lubricants, latex paint, and lead acid batteries having recycled content. In addition, the ((~~plan~~)) strategy shall incorporate actions to achieve the following purchase level goals of recycled content paper and compost products:

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

(a) At least ((~~forty~~)) sixty percent by ((~~1993~~)) 1996;

(b) At least ((~~fifty~~)) seventy percent by ((~~1994~~)) 1997;

(2) Compost products as a percentage of the total dollar amount on an annual basis:

(a) At least ((~~twenty-five~~)) forty percent by ((~~1993~~)) 1996;

(b) At least ((~~forty~~)) sixty percent by ((~~1995~~)) 1997;

Sec. 3. RCW 43.78.170 and 1991 c 297 s 10 are each amended to read as follows:

The public printer shall take all actions consistent with the plan under RCW 43.19A.050 to 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~~)) 1997, and ninety percent or more of the total dollar amount of printing paper stock used by the printer is recycled content paper by January 1, 1999.

Sec. 4. RCW 47.28.220 and 1992 c 174 s 14 are each amended to read as follows:

(1) A contract awarded in whole or in part for the purchase of compost products 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~~)) 1996, through June 30, ((~~1993~~)) 1997, twenty-five percent of the total dollar amount purchased;

(b) For the period July 1, ((~~1993~~)) 1998, through June 30, ((~~1995~~)) 1999, 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.

(3)(a) For purposes of this section, "compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of biosolids or cellulose-containing waste materials.

(b) For purposes of this section, "biosolids" means municipal sewage sludge or septic tank septage sludge that meets the requirements of chapter 70.95J RCW.

NEW SECTION. Sec. 5. A new section is added to chapter 39.04 RCW to read as follows:

(1) The state's preferences for the purchase and use of recycled-content products shall be included as a factor in the design and development of state capital improvement projects.

(2) Specifications for materials in state construction projects shall include the use of recycled-content products and recyclable products whenever practicable.

(3) This section does not apply to contracts entered into by a municipality.

NEW SECTION. Sec. 6. A new section is added to chapter 39.04 RCW to read as follows:

Material from demolition projects shall be recycled or reused whenever practicable.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) RCW 43.19A.090 and 1991 c 297 s 12; and

(2) RCW 43.19A.100 and 1991 c 297 s 13.

NEW SECTION. Sec. 8. If specific funding for the purposes of this act in the amount of at least five hundred thousand dollars, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the omnibus appropriations act, this act is null and void.