AN ACT Relating to changing authority over solid waste collection from state government to local government; creating new sections; making an appropriation; and providing an expiration date.

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

NEW SECTION. Sec. 1. The legislature finds that flexibility in solid waste management systems may help minimize the need for costly disposal options, maximize the limited life of landfills, and produce the most cost effective solid waste management system. The legislature further finds that there is a need for innovation in solid waste management systems, especially to develop efficient ways of collecting and handling yard waste, recyclables, and other materials intended to be segregated from the solid waste disposal stream.

The legislature finds that local governments are given primary responsibility to plan for and manage solid waste, and that they require a grant of authority sufficient to implement their plans and manage segregated waste streams. The legislature also finds that the majority of Washington's population resides in unincorporated areas under the jurisdiction of county governments, so that county governments are responsible for managing a growing portion of the waste stream. The legislature further finds that current statutes restrict county government authority over solid waste collection. The legislature further finds that changes in existing statutes for solid waste regulatory authority may displace existing firms which are delivering solid waste and recycling services in a cost-effective manner.

Therefore, the legislature finds that there is a need to examine the structure and effectiveness of the present regulatory situation and the public policies which have led to the current structure. The legislature further finds that it is desirable to examine the regulatory structure and practice of other states, including regulatory jurisdiction, planning responsibility, and program funding authority granted to various levels and agencies of government. The legislature also finds that any changes in regulatory authority should be made in a way that minimizes adverse impacts on existing firms, governmental entities, and customers of solid waste collection and recycling services.

NEW SECTION. Sec. 2. (1) The utilities and transportation commission shall conduct a study on solid waste regulation, utilizing the expertise of an objective research institution specializing in regulatory or public policy issues, which shall:

(a) Identify and examine current statutory responsibilities of state, county, and city governments, and the role of private sector firms, for solid waste services including the provision of solid waste and recycling collection, transfer, disposal, financing, and enforcement;

(b) Examine public policies and history that led to the current regulatory structure;

(c) Gather and analyze information on the current status of collection, transfer, disposal, and recycling services on a county-by-county basis, including services provided by local governments, haulers holding certificates of public convenience and necessity issued by the utilities and transportation commission, and private sector recycling firms, which information shall include but not be limited to number and categories of customers served, services provided, tonnage handled, overall cost of service, and number and type of firms under common ownership. In order to minimize costs, the findings of the best management practices study shall be used to the fullest extent possible;

(d) Examine policies and practices in other states in regard to the allocation of regulatory responsibility and financial capability among different levels of government;

(e) Discuss possible alternatives to the existing statutory system of solid waste regulatory authority, which shall include, at a minimum:

(i) Optional county authority over solid waste collection, similar to the optional city authority granted in RCW 81.77.020;

(ii) Mandatory county authority over solid waste collection, replacing the utilities and transportation commission;

(iii) Changing state authority over solid waste collection and disposal, with such authority to be vested in a new state board or agency;

(f) Recommend policy, statutory and constitutional changes which would serve to provide greater flexibility, innovation, and local control, and to minimize impacts on existing solid waste management firms, governmental entities, and customers of solid waste collection and recycling services.

(2) The commission shall appoint an advisory committee to review and comment on the study upon completion. Members of the advisory committee shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060. The committee shall include, but not be limited to:

(a) Two representatives of county governments, including one representative from large counties, defined as counties of class AA, A, 1, and 2 counties, and one representative of counties of class 3 and smaller;

(b) Two representatives of city governments, including one from a city which provides municipal collection services and one from a city which provides collection services in some manner other than municipal provision;

(d) Two representatives of the garbage collection industry;

(e) Two representatives of the recycling industry;

(f) One representative each of business and environmental interests;

(g) One representative each from the department of ecology, the department of community development, the department of revenue, and the municipal corporation division of the state auditor's office.

(3) The commission shall submit to the governor and legislature a report containing findings, conclusions, recommendations, and comments by January 2, 1990.

NEW SECTION. Sec. 3. The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the public service revolving fund for the purposes of this act.

NEW SECTION. Sec. 4. This act shall expire June 30, 1990.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.