H-3542              _______________________________________________

                                                   HOUSE BILL NO. 2513

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Walker, Rust, D. Sommers, Fraser, G. Fisher, Pruitt, Phillips, Brekke, Betrozoff, Winsley, May, Ferguson and Wolfe

Read first time 1/12/90 and referred to Committee on Environmental Affairs. Referred to Committee on Appropriations; on motion referred to Rules 2/6/90.

AN ACT Relating to litter; adding a new section to chapter 72.09 RCW; adding a new section to chapter 36.58A 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.

NEW SECTION. Sec. 3.  A new section is added to chapter 36.58A RCW to read as follows:

          (1) The legislative authority of a county shall collect revenues by fixing rates and charges on the availability of solid waste collection service to businesses and residences of unincorporated areas.  Such charges shall be subject to the following provisions:

          (a) Residents or businesses currently receiving regular garbage collection services shall be exempt from such charges;

          (b) A county legislative authority may only apply such charges if the county has an unincorporated population of eighty thousand or more; and

          (c) The legislative authority of a county shall set fees not to exceed a level sufficient to fund the administrative and program costs for the cleanup of roadside litter and illegal dumping.  Fees may be set on a monthly or quarterly basis.  Such fees shall not exceed fifty percent of the fee established for garbage collection service by the franchised solid waste collection company.

          (2) The solid waste collection company operating in a franchised area assessing charges for the availability of solid waste collection service shall provide to the county legislative authority any records, information, or other relevant data necessary to implement such charges.

          (3) The legislative authority of a county may place a lien on real property to recover any delinquent payment of the charges established in subsection (1) of this section.