HOUSE BILL REPORT

EHB 1222

BYRepresentatives G. Fisher, D. Sommers, Rust, Fraser, Pruitt, Hine, Winsley, May, Phillips, Spanel, Cooper and Ebersole; by request of Department of Ecology and Washington State Patrol

Providing for containment of waste.

House Committe on Environmental Affairs

Majority Report:  Do pass with amendment.  (11)

      Signed by Representatives Rust, Chair, Valle, Vice Chair, D. Sommers, Ranking Republican Member, Brekke, G. Fisher, Fraser, Phillips, Pruitt, Schoon, Sprenkle and Walker.

House Staff:Karl Herzog (786-7271)

AS PASSED HOUSE FEBRUARY 3, 1989

BACKGROUND:

Surveys conducted by the Department of Ecology (Ecology) have shown increased littering along Washington roadways in recent years.  According to the results of Ecology's 1987 litter survey, up to 40 percent of Washington's roadside litter originates from the transport of unsecured loads in trucks and other motor vehicles.

The Model Litter Control and Recycling Act (MLCRA) authorizes Ecology to provide a program for litter cleanup and public education about the littering problem.  During the summer months, the Ecology Youth Corps collects litter deposited on state and interstate highways.  Additional roadside litter cleanup is provided by the Department of Transportation.  The annual cost of these litter cleanup programs is approximately $2 million.

Under MLCRA, littering is punishable as a misdemeanor, though law enforcement officers must witness the actual littering act in order to take enforcement action.  Citizens may report litter law violators using Ecology's Litters Hotline (1-800-LITTERS).  A letter is sent to the registered owner of the reported violating vehicle informing them of the litter law.

State motor vehicle law requires that loads of dirt, sand, or gravel that are susceptible to escaping from a vehicle be covered to prevent spillage.  Covering such loads is not required if six inches of freeboard is maintained within the bed of the vehicle. The State Patrol is responsible for adopting rules to implement these covering provisions.

SUMMARY:

The covered loads law is expanded to require covers on loads of waste materials.  The covering exemption for vehicles that maintain six inches of freeboard is modified so that the exemption may be granted only if the material is not capable of becoming loose, detached from, or blowing out of the vehicle.

The provision requiring the Legislative Transportation Committee to monitor the effects of the covered loads law is eliminated.

Fiscal Note:      Requested January 19, 1989.

House Committee ‑ Testified For:    Phil Peterson, Washington State Patrol, and Elizabeth Tabbutt.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill will expand law enforcement officers' authority for litter prevention and enforcement.

House Committee - Testimony Against:      None Presented.