AN ACT Relating to newsprint content; adding a new chapter to Title 70 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that the state's timber resources and its proximity to states and countries without such resources has provided, and should continue to provide, a healthy export market for its old newspapers. The legislature also finds that existing domestic markets for old newspaper need to be enhanced in order to stabilize the price of the old newspaper collected through local recycling programs. The legislature therefore finds that the state's newspapers should use newsprint containing secondary fiber to the maximum extent economically practicable.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Newsprint user" means a person who uses newsprint in a commercial printing or publishing operation.

(2) "Secondary fiber" means paper fiber reclaimed from newspapers, mixed waste paper, and other postconsumer or preconsumer paper products. Secondary fiber does not include mill broke.

(3) "Newsprint" means uncoated paper, whether supercalendered or machine finished, of the type generally used for, but is not limited to, the publication of newspapers, commercial advertising inserts, directories, or commercial advertising mailers, which is made primarily from mechanical woodpulps combined with some chemical woodpulp. "Newsprint" includes paper made from old newspapers which have been deinked, using the recycled pulp in lieu of virgin pulp. "Newsprint" includes all grades of paper sold as newsprint, supercalendered (SC) uncoated groundwood, or machine finished (MF) uncoated groundwood.

(4) "Department" means the department of ecology.

(5) "Mixed waste paper" means assorted low value grades of paper that have not been separated into individual grades at the point of collection.

NEW SECTION. Sec. 3. (1) Newsprint users shall file a statement with the department by March 31 of each year certifying the total number of tons of newsprint used during the past calendar year and the number of tons of secondary fiber in the newsprint. The statement shall declare whether the guidelines established under section 6 of this act have been met for the past year, and if not met, a statement explaining why the guidelines were not met.

(2) Any newsprint user who fails to file a statement with the department by March 31 of any year, or who files false or misleading information, shall be subject to a civil penalty, assessed by the department, of up to one thousand dollars.

NEW SECTION. Sec. 4. (1) The department shall appoint a task force involving the department of trade and economic development, environmental groups, newsprint mills, newspaper publishers, exporters of paper fiber, and any other entity deemed appropriate by the department. Each year, the department, in conjunction with the task force, shall monitor:

(a) The availability, quality, and price of newsprint containing secondary fiber; and

(b) Other factors, as determined appropriate by the department, that may affect the ability of newsprint users to achieve the goals established in section 6 of this act.

(2) Each year, the department shall publish a report, at the department's expense, in each newspaper filing a statement pursuant to section 3 of this act. The report shall describe:

(a) The state-wide average of secondary fiber used in newsprint;

(b) The use of secondary fiber by the newsprint user publishing the report;

(d) The disposition of newspapers not being remanufactured into newsprint.

NEW SECTION. Sec. 5. Each person supplying a newsprint user with newsprint shall certify the amounts of secondary fiber content contained in each shipment to each newsprint user. If the newsprint supplied to a newsprint user contains mixed waste paper the supplier shall certify the amount of such paper contained in each shipment to each newsprint user. If the newsprint contains no secondary fiber, the supplier shall so certify.

NEW SECTION. Sec. 6. (1) Each newsprint user shall, purchase newsprint containing secondary fiber to the maximum extent economically practicable. The following goals concerning the secondary fiber content of newsprint used in the state shall be collectively sought by newsprint users on an annual basis:

(a) On and after January 1, 1992, ten percent;

(b) On and after January 1, 1994, twenty percent;

(d) On January 1, 2000, and thereafter, thirty percent.

(2) These goals shall apply on an industry-wide basis, and not on individual newsprint users. If the department finds that: (a) The goals established under subsection (1) of this section are not met after any given year; and (b) except for such factors beyond the control of newsprint users, no significant factors had prevented newsprint users from attaining such goals; then the department shall prepare rules prescribing the use of newsprint containing secondary fiber. In preparing such rules, the department may revise the goals established in this section as the department deems appropriate.

(3) If the department finds that the conditions described in subsection (2) of this section apply after a second consecutive year, the department shall adopt the rules prepared during the previous year.

NEW SECTION. Sec. 7. For the purposes of section 5 of this act, newsprint containing mixed waste paper shall be considered as containing twice its certified value.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act shall constitute a new chapter in Title 70 RCW.