AN ACT Relating to litter; amending RCW 70A.200.060; creating a new section; and prescribing penalties.

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

Sec. 1. RCW 70A.200.060 and 2024 c 231 s 2 are each amended to read as follows:

(1) It is a violation of this section to:

(a) Abandon a junk vehicle upon any property;

(b) Throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forestland, recreational area, trailer park, highway, road, street, or alley except:

(i) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

(ii) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of the private or public property or waters.

(2)(a) Except as provided in subsection (5) of this section, it is a class ((3))2 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot. This penalty is in addition to any penalty imposed for a violation of RCW 46.61.645(1).

(b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than 10 cubic yards. A violation of this subsection may alternatively be punished with a notice of a natural resource infraction under chapter 7.84 RCW.

(c) It is a gross misdemeanor for a person to litter more than 10 cubic yards.

(d)(i) A person found liable or guilty under this section shall, in addition to the penalties provided for misdemeanors, gross misdemeanors, or for natural resource infractions as provided in RCW 7.84.100, also pay a litter clean-up restitution payment equal to four times the actual cost of cleanup for natural resource infractions and misdemeanors and two times the actual cost of cleanup for gross misdemeanors. The court shall distribute an amount of the litter clean-up restitution payment that equals the actual cost of cleanup to the landowner where the littering incident occurred and the remainder of the restitution payment to the law enforcement agency investigating the incident.

(ii) The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

(iii) The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(3) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

(4) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform 24 hours of community restitution in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW 79A.05.050.

(5) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, potentially dangerous litter in any amount.

(2) The department of ecology must select one member to the littering solutions task force from each of the following entities or interests:

(a) The department of ecology;

(b) The department of transportation;

(c) The Washington state patrol;

(d) The parks and recreation commission;

(e) The Washington state association of counties;

(f) The department of natural resources;

(g) The department of fish and wildlife; and

(h) Associations representing:

(i) Solid waste collection and management companies in Washington;

(ii) Retail groceries;

(iii) Hospitality businesses;

(iv) Convenience stores;

(v) Tourism;

(vi) Beverage producers;

(vii) Tobacco product manufacturers; and

(viii) The Washington state association of counties.

(3) In developing recommendations, the littering solutions task force must, at minimum, consider:

(a) The results of the department of ecology's 2022 statewide litter study;

(b) How to reduce litter at specific public sites such as roadways, interchanges, rest areas, state and county parks, and public recreation lands managed by the department of natural resources and the department of fish and wildlife;

(c) How to reduce the most commonly littered types of litter, such as construction and demolition debris and cigarette butts; and

(d) How to reduce the cost-per-mile of litter cleanup along state roadways and the root causes of why the average amount of litter per mile far exceeds the average amount of litter per mile along roadways in other states.

(4) The department of ecology must submit a status update to the appropriate committees of the legislature by January 15, 2026, and a final report consisting of the recommendations of the littering solutions task force by November 15, 2026.

--- END ---