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                                           ENGROSSED HOUSE BILL NO. 2571

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State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Sprenkle, Walker, Valle, D. Sommers, Rust, Schoon, Brekke,G. Fisher, Pruitt, Fraser, May, Spanel and Todd

Read first time 1/15/90 and referred to Committees on Environmental Affairs/Transportation.

AN ACT Relating to exemption of recyclable materials from motor freight carrier regulation; adding a new section to chapter 81.80 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 81.80 RCW to read as follows:

          (1) It is unlawful for a motor vehicle transporting recovered materials to perform a transportation service for compensation upon the public highways of this state without first having received a permit from the commission.  The permits shall be granted upon a finding that the motor carrier is fit, willing, and able to provide transportation of recovered materials, and upon payment of the appropriate filing fee authorized by this chapter for other applications for operating authority, including payment of the annual regulatory fee imposed by RCW 81.80.320.  The carriers are subject to the safety of operations and insurance requirements of the commission, but are not subject to rate regulation by the commission.

          (2) The provisions of this section apply to motor vehicles when:

          (a) Transporting recovered materials from a site generating more than fifty cubic yards of recovered material per month to a reprocessing facility or an end-use manufacturing site;

          (b) Transporting recovered materials from a reprocessing facility to an end-use manufacturing site; and

          (c) Transporting recovered mixed waste paper from a reprocessing facility to an energy recovery facility.

          (3) For the purposes of this section, the following definitions shall apply:

          (a) "Recovered materials" means those commodities collected for recycling or reuse, such as papers, glass, plastics, used wood, metals, yard waste, used oil, and tires, that if not collected for recycling would otherwise be destined for disposal or incineration.  "Recovered materials" shall not include any wood waste or wood byproduct generated from a logging, milling, or chipping activity;

          (b) "Reprocessing facility" means a facility accepting or purchasing recovered materials and preparing those materials for resale;

          (c) "Mixed waste paper" means assorted low-value grades of paper that have not been separated into individual grades of paper at the point of collection; and

          (d) "Energy recovery facility" means a facility designed to burn mixed waste paper as a fuel, except that such term does not include mass burn incinerators.

NEW SECTION. Sec. 2.     (1) The department of trade and economic development, in conjunction with the utilities and transportation commission and the department of ecology, shall evaluate the effect of exempting motor vehicles transporting recovered materials from rate regulation as provided under section 1 of this act.  The evaluation shall, at a minimum, describe the effect of such exemption on:

          (a) The cost and timeliness of transporting recovered materials within the state;

          (b) The volume of recovered materials transported within the state;

          (c) The number of safety violations and traffic accidents related to transporting recovered materials within the state; and

          (d) The availability of service related to transporting recovered materials from rural areas of the state.

          (2) The department shall report the results of its evaluation to the appropriate standing committees of the legislature by October 1, 1993.

          (3) The commission, after consulting with the department of ecology, shall adopt rules requiring persons transporting recovered materials to submit information as may be required by the commission to determine the type, volume, and destination of the recovered materials.  In adopting such rules, the commission shall include procedures to ensure the confidentiality of proprietary information.