AN ACT Relating to waste reduction; amending RCW 43.19.537; adding new sections to chapter 70.95C RCW; and repealing RCW 70.95C.110.

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

NEW SECTION. Sec. 1. A new section is added to chapter 70.95C RCW to read as follows:

(1) The department of ecology shall develop a waste reduction, recycling, and procurement plan for state agencies and local governments.

(2) Each state agency shall implement the plan within six months of the plan's completion.

Local governments are encouraged to adopt the state plan or a similar plan of their own. Counties with a population of one hundred thousand or more, cities with a population of ten thousand or more, and school districts within such counties and cities, shall inform the department of the status of its waste reduction, recycling, and procurement plan by June 30 of each year. The department shall periodically report to the appropriate standing committees of the legislature on the progress of local governments in implementing a plan.

(3) The director of the department of general administration, shall appoint a multi-agency task force to assist with the development of the plan. In addition to state agency representatives, the task force shall consist of at least one person representing local governments and one person representing school districts.

(4) For the purposes of this section and section 2 of this act:

(a) "State agencies" means all departments, boards, and offices of state government, institutions of higher education, educational service districts, the supreme court, court of appeals, superior courts, and the legislature.

(b) "Local governments" means the executive or legislative authority of all city and county governments and school districts.

NEW SECTION. Sec. 2. A new section is added to chapter 70.95C RCW to read as follows:

(1) The waste reduction and recycling elements of the plan under section 1 of this act shall provide specific, cost-effective actions and requirements for reducing and recycling those commodities that would otherwise have been destined to disposal.

(2) The procurement element of the plan under section 1 of this act shall enhance government purchases of products containing recovered materials by:

(a) Adopting the environmental protection agency's procurement guidelines pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.). The department may amend any part of the federal guidelines, if the department finds that the guidelines restrict or inhibit actual or potential markets for those commodities addressed in the federal guidelines;

(b) Developing procurement guidelines for yardwaste. Such guidelines shall, to the extent possible, be consistent with existing national, regional, or state guidelines for yardwaste procurement;

(c) Developing a weighting factor for use in the evaluation of contracted bids. The weighting factor established by the plan shall be consistent with the weighting factor established pursuant to RCW 43.19.538.

(3) The plan may include procurement guidelines for other commodities as deemed necessary by the department and the multi-agency task force. Such guidelines shall, to the extent possible, be consistent with any national, regional, or state guidelines.

(4) The procurement element of the plan may include a requirement that state agencies purchase products containing recovered materials if the recovered material:

(a) Significantly contributes to the waste stream;

(b) Such procurement is critical in the development of markets for the recovered material; and

Sec. 3. Section 1, chapter 61, Laws of 1982 as amended by section 1, chapter 175, Laws of 1988 and RCW 43.19.537 are each amended to read as follows:

"Recovered material" as used in RCW 43.19.538 means:

((~~(1) "Post consumer waste" which is:~~

(a) Paper, paperboard, and fibrous wastes from buildings such as retail stores, office buildings, [and] homes, after the wastes have passed through their end-usage as a consumer item, including: Used corrugated boxes, old newspapers, old magazines, mixed waste paper, tabulating cards, and used cordage; and

~~(b) All paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste; and~~

~~(c) All other items containing plastics, yard waste, metals, glass, rubber, oil, or any other material that is suitable as feedstock in product manufacture; and~~

~~(2) "Secondary waste" including manufacturing and other wastes such as:~~

(a) Dry paper and paperboard waste generated after completion of the papermaking process, that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets including: Envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock;

~~(b) Finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others;~~

~~(c) Wastes generated by the conversion of goods made from fibrous material, that is, waste rope from cordage manufacture, textile mill waste, and cuttings; and~~

~~(d) Fibers recovered from waste water which otherwise would enter the waste stream~~)) Waste material and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

NEW SECTION. Sec. 4. Section 53, chapter 431, Laws of 1989 and RCW 70.95C.110 are each repealed.