S-1620.2  _______________________________________________

                         SENATE BILL 6043

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senator Finkbeiner

Read first time 02/15/2001.  Referred to Committee on Environment, Energy & Water.

Recycling discarded vehicle tires.

    AN ACT Relating to discarded vehicle tires; amending RCW 70.95.260, 70.95.510, 70.95.520, 70.95.530, 70.95.535, and 70.95.565; amending 2000 c 150 s 1 (uncodified); amending 2000 c 150 s 2 (uncodified); reenacting and amending RCW 70.95.020; adding a new section to chapter 70.95 RCW; providing effective dates; providing an expiration date; and declaring an emergency.

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

    Sec. 1.  RCW 70.95.020 and 1998 c 156 s 1 and 1998 c 90 s 1 are each reenacted and amended to read as follows:

    The purpose of this chapter is to establish a comprehensive state-wide program for solid waste handling, ((and solid waste)) recovery ((and/or)), and recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state.  To this end it is the purpose of this chapter:

    (1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;

    (2) To provide for adequate planning for solid waste handling by local government;

    (3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling;

    (4) To encourage the development and operation of waste recycling facilities needed to accomplish the management priority of waste recycling, and to promote consistency in the requirements for such facilities throughout the state;

    (5) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;

    (6) To encourage ((storage,)) proper disposal((,)) and recycling of discarded vehicle tires and the use of new technologies to convert discarded vehicle tires into energy;

(7) To stimulate private recycling programs throughout the state; and

    (((7))) (8) To encourage the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling and to promote consistency in the permitting requirements for such facilities and activities throughout the state.

    It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery ((and/or)) and recycling programs.

    Sec. 2.  RCW 70.95.260 and 1995 c 399 s 189 are each amended to read as follows:

    The department shall in addition to its other powers and duties:

    (1) Cooperate with the appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the provisions of this chapter.

    (2) Coordinate the development of a solid waste management plan for all areas of the state in cooperation with local government, the department of community, trade, and economic development, and other appropriate state and regional agencies.  The plan shall relate to solid waste management for twenty years in the future and shall be reviewed biennially, revised as necessary, and extended so that perpetually the plan shall look to the future for twenty years as a guide in carrying out a state coordinated solid waste management program.  The plan shall be developed into a single integrated document and shall be ((adopted no later than October 1990.  The plan shall be)) revised regularly after its initial completion so that local governments revising local comprehensive solid waste management plans can take advantage of the data and analysis in the state plan.

    (3) Provide technical assistance to any person as well as to cities, counties, and industries.

    (4) Initiate, conduct, and support research, demonstration projects, and investigations, and coordinate research programs pertaining to solid waste management systems, including the use of new technologies to convert discarded vehicle tires into energy.

    (5) Develop statewide programs to increase public awareness of and participation in tire recycling, and to stimulate and encourage local private tire recycling centers and public participation in tire recycling.

    (6) ((May, under the provisions of the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended, from time to time)) Promulgate such rules ((and regulations)) as are necessary to carry out the purposes of this chapter.

    Sec. 3.  RCW 70.95.510 and 1989 c 431 s 92 are each amended to read as follows:

    There is levied a one dollar per tire fee on the retail sale of new replacement vehicle tires ((for a period of five years, beginning October 1, 1989)).  The fee imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the fee.  The fee collected from the buyer by the seller less the ten percent amount retained by the seller as provided in RCW 70.95.535 shall be paid to the department of revenue in accordance with RCW 82.32.045.  All other applicable provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this section.  The department of revenue shall administer this section.

    For the purposes of this section, "new replacement vehicle tires" means tires that are newly manufactured for vehicle purposes and does not include retreaded vehicle tires.

This section expires January 1, 2012.

    Sec. 4.  RCW 70.95.520 and 1996 c 283 s 902 are each amended to read as follows:

    There is created an account within the state treasury to be known as the vehicle tire recycling account.  All assessments and other funds collected or received under this chapter shall be deposited in the vehicle tire recycling account and used by the department of ecology for administration and implementation of this chapter.  ((After October 1, 1989,)) The department of revenue shall deduct two percent from funds collected pursuant to RCW 70.95.510 for the purpose of administering and collecting the fee from new replacement vehicle tire retailers.

    ((During the 1995-97 biennium, funds in the account may be appropriated to support recycling market development activities by state agencies.))

    Sec. 5.  RCW 70.95.530 and 1988 c 250 s 1 are each amended to read as follows:

    Moneys in the vehicle tire recycling account ((may)) shall be appropriated to the department of ecology:

    (1) To provide for funding to state and local governments for the removal of discarded vehicle tires from unauthorized tire dump sites;

    (2) To ((accomplish the other purposes of RCW 70.95.020(5))) encourage proper disposal and recycling of discarded vehicle tires; ((and))

    (3) To ((fund the study authorized in section 2, chapter 250, Laws of 1988)) facilitate use of new technologies to convert discarded vehicle tires into energy; and

(4) To provide local governments with grants for enforcement programs designed to address the illegal disposal of tires.

    In spending funds in the account under this section, the department of ecology shall identify communities with the most severe problems with waste tires and provide funds first to projects in those communities that seek to remove accumulations of waste tires through use of new technologies that convert discarded vehicle tires into energy.

    Sec. 6.  RCW 70.95.535 and 1989 c 431 s 93 are each amended to read as follows:

    (((1))) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected one dollar fee.  The moneys retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.

    (((2) The department of ecology will administer the funds for the purposes specified in RCW 70.95.020(5) including, but not limited to:

    (a) Making grants to local governments for pilot demonstration projects for on-site shredding and recycling of tires from unauthorized dump sites;

    (b) Grants to local government for enforcement programs;

    (c) Implementation of a public information and education program to include posters, signs, and informational materials to be distributed to retail tire sales and tire service outlets;

    (d) Product marketing studies for recycled tires and alternatives to land disposal.))

NEW SECTION. Sec. 7.  A new section is added to chapter 70.95 RCW to read as follows:

    For the purposes of RCW 70.95.020, 70.95.260, and 70.95.530, the phrase "new technologies to convert discarded vehicle tires into energy" means the use of tires as a fuel source with an electrothermal technology used in a noncombustive, oxygen-reduced process, that results in low emissions of air pollution, produces highly stable, leach-resistant products that are of commercial value, and is a net producer of energy.

    Sec. 8.  RCW 70.95.565 and 1988 c 250 s 6 are each amended to read as follows:

    No ((business)) person may enter into a contract for:

    (1) Transportation of waste tires with an unlicensed waste tire transporter; or

    (2) Waste tire storage with an unlicensed owner or operator of a waste tire storage site.

    Sec. 9.  2000 c 150 s 1 (uncodified) is amended to read as follows:

    (1) On July 1, 2001, any remaining fund balances in the following accounts are transferred to the state wildlife account:

    (a) The aquaculture disease control account;

    (b) The Cedar river channel construction and operation account; and

    (c) The wildlife conservation reward fund.

    (2) On July 1, 2001, any remaining fund balances in the following accounts are transferred to the parks renewal and stewardship account:

    (a) The state wildlife and recreation lands management account;

    (b) The state and local improvements revolving account; and

    (c) The underwater park account.

    (3) On July 1, 2001, any remaining fund balances in the following accounts are transferred to the state toxics control account:

    (a) The clean Washington account; and

    (b) ((The vehicle tire recycling account; and

    (c))) The solid waste management account.

    Sec. 10.  2000 c 150 s 2 (uncodified) is amended to read as follows:

    The following acts or parts of acts are each repealed:

(1) RCW 79A.20.020 (State wildlife and recreation lands management account) and 1992 c 153 s 4;

(2) RCW 75.58.020 (Disease inspection and control program--User fees--Aquaculture disease control account) and 1993 sp.s. c 2 s 56 & 1985 c 457 s 9;

(3) RCW 70.95H.800 (Clean Washington account) and 1991 c 319 s 212;

(4) ((RCW 70.95.520 (Vehicle tire recycling account--Deposit of funds) and 1996 c 283 s 902, 1989 c 431 s 94, & 1985 c 345 s 6;

(5))) RCW 70.95.800 (Solid waste management account--Expenditures) and 1993 c 130 s 2, 1991 sp.s. c 13 s 73, & 1989 c 431 s 90;

    (((6))) (5) RCW 43.21J.020 (Environmental and forest restoration account) and 1993 c 516 s 3;

    (((7))) (6) RCW 43.83C.030 (Proceeds to be deposited in state and local improvements revolving account) and 1991 sp.s. c 13 s 54, 1985 c 57 s 47, & 1972 ex.s. c 129 s 3;

    (((8))) (7) RCW 79A.05.365 (Underwater parks--Fees--Underwater park account) and 1993 c 267 s 3;

    (((9))) (8) RCW 75.52.140 (Cedar river spawning channel--Transfer of funds) and 1989 c 85 s 7; and

    (((10))) (9) RCW 77.21.080 (Wildlife conservation reward fund) and 1989 c 11 s 29 & 1987 c 506 s 75.

NEW SECTION. Sec. 11.  Sections 1 through 3, 5, and 7 of this act take effect January 1, 2002.

NEW SECTION. Sec. 12.  Sections 4, 9, and 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 30, 2001.

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