FINAL BILL REPORT

SHB 1671

PARTIAL VETO

                                  C 431 L 89

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Sprenkle, D. Sommers, Basich, Pruitt, Braddock, Appelwick, Ebersole, Walker, Phillips, Brekke, Rust, May, R. Fisher, Valle, Nelson, Rasmussen, Rector, Spanel, Todd and R. King) 

Providing major solid waste reform.

House Committe on Environmental Affairs

Rereferred House Committee on Appropriations

Senate Committee on Environment & Natural Resources and Committee on Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

During the past few years several states across the nation have experienced a "solid waste crisis."  The crisis is characterized by a shortage of landfill space combined with overwhelming public reaction against proposed solutions such as building new landfills or mass burn incinerators.

Some areas within the state may be on the verge of their own solid waste crisis.  Many of the 78 solid waste landfills operating in the state are nearing capacity.  In addition, many of these landfills may have serious environmental problems. Eight solid waste landfills are currently on the federal Superfund list and the state Superfund program will likely identify several others.  Collectively, these cleanups will cost hundreds of millions of dollars.

In 1987, the Joint Select Committee for Preferred Solid Waste Management was created to recommend strategies for managing solid waste in an environmentally acceptable and cost-effective manner.  The committee's efforts focused on developing a system to separate various components of the waste stream, such as paper, metals, glass, and yard waste, and managing them using a variety of "integrated" practices.  These practices include recycling, composting, incineration, and landfilling.  By separating the various components of the waste stream at the place where they are generated, each component can be managed in a way that will extract its highest economic value while minimizing adverse environmental impacts.

Another focus of the committee has been to identify ways in which the counties' authority to implement these practices can be increased.  Under current law, counties have much less authority to manage solid waste than cities.

SUMMARY:

Findings: The new solid waste management priorities, in descending order, are:  (1) waste reduction, (2) recycling, with source separation as the preferred method, (3) energy recovery, incineration, or landfill of separated waste, and (4) energy recovery, incinerating, or landfilling mixed waste. A statewide goal of 50 percent recycling is established.

Definitions:  "Recyclable materials" are defined to distinguish "recyclables" from "garbage."  "Solid waste" is defined to include both "garbage" and "recyclable materials."

Service Levels:  Counties and cities are required to revise their comprehensive solid waste plans by including a "waste reduction and recycling element."  The plan revisions will be reviewed by the Department of Ecology within 120 days. If Ecology does not approve the plan revisions, the department must specify why they were not approved within an additional 45 day period.

Counties are grouped into four classes for the purpose of determining planning timelines.  Class 1 areas are the counties of:  Spokane, Snohomish, King, Pierce, and Kitsap.  Class 2 areas are the counties in western Washington, except for those in class 1.  Class 3 areas are the counties of eastern Washington, except for Spokane.

Revised plans must be submitted to Ecology as follows: July 1, 1991 for class 1 areas, July 1, 1992 for class 2 areas, and July 1, 1994 for class 3 areas.  These plan revisions must designate urban and rural areas using population criteria, Department of Ecology planning guidelines, and other technical documents.

Urban level services include programs to:  (1) reduce the amount of waste generated; (2) collect, at the residence, those recyclable materials identified by the local government; (3) monitor the collection of recyclable materials generated at businesses; (4) divert yard waste from disposal facilities, if markets exist; and (5) educate citizens about recycling.  A local government may plan for an alternative to curbside collection of recyclables if approved by the Department of Ecology.

Rural level services include programs to:  (1) reduce the amount of waste generated; (2) collect recyclables at drop-off and buy-back centers; (3) monitor collection of recyclable materials generated at businesses; (4) divert yard waste from landfills, if markets exist; and (5) educate citizens about recycling.

Collection and Management Authority:  If a city or county chooses to remit collection authority for recyclable materials to the Utilities and Transportation Commission (UTC), the UTC is to direct the existing franchised hauler to collect the recyclables.

The commission is authorized to develop rules establishing a competition bidding process for recyclable materials but is not authorized to implement these rules.

Commercial generators may direct their recyclable materials to recycling companies.  Recycling companies are authorized to collect and transport recyclables from recycling centers and, upon mutual agreement, from solid waste collection companies.

Counties may impose a fee on the service of garbage collection for the purpose of reducing the administrative and planning costs of implementing waste reduction and recycling programs. The UTC may require solid waste collection companies to use rate structures and billing systems consistent with the solid waste management priorities.

Enforcement Authority:  The Institute for Urban and Rural Studies at Eastern Washington State University is to conduct a study evaluating the roles and responsibilities of state and local entities in enforcing solid waste regulations.

Local health jurisdictions are authorized to grant to the Department of Ecology any part of its enforcement authority relating to solid waste management if approved by the legislative authority of a city and/or county.

Planning:  The Department of Ecology is required to monitor the amount and types of waste generated, and to evaluate the programs to collect source separated materials by local governments. Companies engaging in recycling or garbage collection are required to provide waste stream data to Ecology.

Local governments are required to assess how the local solid waste management plan will affect solid waste collection costs. The UTC is directed to review local solid waste management plans and to advise Ecology and the local government on the plan's impact on ratepayers.  Cities preparing an independent plan are no longer required to provide for disposal wholly within its jurisdiction.

Automotive Batteries:  It is unlawful to dispose of automotive batteries in landfills or incinerators.  Retail establishments selling batteries are required to accept used batteries from their customers purchasing new batteries in a one to one exchange.  Battery wholesalers are required to accept batteries from retail customers in a one to one exchange.  Battery retailers are required to add five dollars to the price of a battery if the customer does not return a used battery for exchange.  Provisions are made to suspend the requirements on battery retailers and wholesalers if the market price of lead, the principle component of batteries, drops below a specified value.

Incinerators:  An incinerator burning medical waste must operate in such a manner that the combustible portion of the medical waste is completely reduced to ash.

Product Packaging/Education:  An environmental awards program is amended to include awards for product packaging.  A product packaging task force is created to recommend standards to the awards committee for "environmental packaging," and to develop an action plan for reducing and recycling product packaging waste.

Local Government Restrictions:  For a four year period commencing on April 1, 1989, the state preempts local government's authority to impose certain bans, deposits, or taxes on products or product packaging.

Local governments are prohibited from requiring retail businesses to site recycling facilities on or near their establishments as a condition of doing business.

Waste Reduction and Recycling Programs:  Ecology and the Department of General Administration are required to develop a model state waste reduction and recycling program.  All state agencies are required to implement the plan. Ecology is also directed to develop a competitive awards program within public schools for waste reduction and recycling.  Ecology is directed to coordinate the efforts of state and local agencies developing educational materials on waste reduction and recycling.

Market Development:  Local governments may develop policies to preferentially purchase products made of recyclable materials.

Local governments may receive funds from the Community Economic Revitalization Board to build public infrastructure facilities for the purpose of encouraging private development of facilities to process recyclable materials.

The Department of Trade & Economic Development (DTED) is established as the lead agency for creations and improving markets for recyclable materials.  A committee is established within the department to make recommendations on creating markets for recyclable materials.  The committee will be staffed by DTED and Ecology and will terminate in November of 1990.

Ecology is required to determine the feasibility of composting yard and food waste programs by providing grant funds to local government projects.  Ecology is also directed to evaluate uses for mixed waste paper within the pulp and paper industry. The State Energy Office is required to determine the feasibility of burning mixed paper and plastics for energy recovery in existing facilities.

Operator Certification:  Operators of solid waste incinerators and landfills are required to employ certified operators by January 1, 1992.  Ecology is directed to create an advisory committee to develop a process to certify operators. Penalties for non-compliance are established.

Revenues:  A 1 percent state tax is imposed on the charges made for solid waste collection services.  Collection of recyclable materials is excluded from the base of the tax.  A lid is imposed on the amount of the monthly collection charge that is subject to the tax, and residents not receiving refuse collection services are excluded from taxation on minimum monthly charges.  The state tax is terminated July 1, 1993. Revenues, estimated at $6 million per biennium, are deposited in the state solid waste management account.

A $1 surcharge is imposed on each new replacement vehicle tire to pay for reusing or safely disposing illegally discarded tires.  The surcharge will generate approximately $3 million per year and will expire October 1, 1994.

Utilities and Transportation Commission:  The UTC is to consider certain expenses incurred by solid waste collection companies as normal operating expenses (i.e. "pass-throughs"), for purposes of rate-making.  The UTC is directed to grant solid waste collection companies an interim rate before making a final decision about rates.

The regulatory fee imposed by the UTC on solid waste companies, including those collecting residential recyclable materials, is increased from 0.8 percent to 1 percent.

Problem Waste Study:  Ecology is to determine the best available practices for the management of problem wastes.  The study will include a literature search of toxic materials in landfills, incinerator ash and air emissions.

Joint Select Committee:  The expiration date of the Joint Select Committee for Preferred Solid Waste Management is extended from July of 1989 to July of 1991.

Regional Facilities:  Ecology is directed to provide up to three grants to local governments planning for regional solid waste facilities.

VOTES ON FINAL PASSAGE:

      House 81  13

      Senate    33    12 (Senate amended)

      House 91   4 (House concurred)

EFFECTIVE:July 23, 1989

            July 1, 1989 (Sections 49 and 50)

Partial Veto Summary:  Sections 7,14, 44, 105, and 106 were vetoed by the Governor.

The effect of removing these sections is to (1) require cities preparing an independent solid waste plan to provide disposal sites within its jurisdiction; (2) eliminate a double amendment; (3) eliminate a Business and Occupation tax exemption on core deposits; (4) delete a requirement that Ecology provide grant funds to certain regional solid waste facilities; and (5) delete a requirement that Ecology provide flexibility to local governments planning for a regional waste facility.  (See VETO MESSAGE)