H-4240              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 2513

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Walker, Rust, D. Sommers, Fraser, G. Fisher, Pruitt, Phillips, Brekke, Betrozoff, Winsley, May, Ferguson and Wolfe)

Read first time 1/29/90 and referred to Committee on Appropriations on  1/29/90; on motion, referred to Rules Committee on 2/6/90.

AN ACT Relating to litter; amending RCW 70.93.194; adding a new section to chapter 72.09 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that the amount of litter along the state's roadways is increasing at an alarming rate and that local governments often lack the human and fiscal resources to remove litter from public roads.  The legislature also finds that persons committing nonviolent, drug-related offenses can often be productively engaged through programs to remove litter from county and municipal roads.  It is therefore the intent of the legislature to assist local units of government in establishing community service programs for litter cleanup and to establish a funding source for such programs.

NEW SECTION. Sec. 2.  A new section is added to chapter 72.09 RCW to read as follows:

          (1) The department shall assist local units of government in establishing community service programs for litter cleanup.  Community service litter cleanup programs must include the following:  (a) Procedures for documenting the number of community service hours worked in litter cleanup by each offender; (b) plans to coordinate litter cleanup activities with local governmental entities responsible for roadside and park maintenance; (c) insurance coverage for offenders during litter cleanup activities pursuant to RCW 51.12.045; (d) provision of adequate safety equipment and, if needed, weather protection gear; and (e) provision for including felons and misdemeanants in the program.

          (2) The department shall give priority to placing offenders who are convicted of nonviolent, drug-related offenses into community service litter cleanup programs if the department determines that:  (a) The offender is physically capable of litter cleanup work; and (b) cleanup programs are available within a reasonable distance from the offender's normal place of residence.

          (3) Nothing in this section shall diminish the department's authority to place offenders in community service programs or to determine the suitability of offenders for specific programs.

          (4) As used in this section, "litter cleanup" includes cleanup and removal of solid waste that is illegally dumped.

        Sec. 3.  Section 9, chapter 94, Laws of 1979 and RCW 70.93.194 are each amended to read as follows:

          The department shall allocate and distribute funds annually from the litter control account as follows:

          (1) Not less than forty percent nor more than fifty percent for a litter patrol program to employ youth from the state to remove litter from places and areas that are most visible to the public;

          (2) Not less than twenty percent nor more than thirty percent to accomplish the litter control purposes of this chapter other than as specified in subsection (1) of this section.  A substantial part of this portion shall be used for public education and awareness programs to control litter and to promote awareness of the Model Litter Control and Recycling Act; ((and))

          (3) Not less than twenty percent nor more than thirty percent to accomplish the recycling purposes of this chapter.  A substantial part of this portion shall be used for public education and awareness programs to foster private local recycling efforts and to promote awareness of the Model Litter Control and Recycling Act; and

(4) Not less than ten percent for local units of government to establish and operate community service programs for litter cleanup, as described under section 2 of this act.