ENGROSSED SUBSTITUTE SENATE BILL NO. 6700


                                                            AS AMENDED BY THE HOUSE


                                                                            C 123 L 90



State of Washington                               51st Legislature                              1990 Regular Session


By Senate Committee on Transportation (originally sponsored by Senators Patterson, Metcalf, DeJarnatt, Amondson, Benitz, Newhouse, Sellar, Hansen, Conner and Madsen)



Read first time 2/2/90.



AN ACT Relating to regulation of motor freight carriers transporting recovered materials; adding new sections to chapter 81.80 RCW; creating a new section; and declaring an emergency.




          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 ten thousand or more tons of recovered materials per year to a reprocessing facility or an end-use manufacturing site;

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

          (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 business registered under chapter 82.32 RCW or a nonprofit corporation identified under chapter 24.03 RCW that accepts or purchases recovered materials and prepares 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 shall adopt rules requiring persons transporting recovered materials to submit information required under RCW 70.95.280.  In adopting such rules, the commission shall include procedures to ensure the confidentiality of proprietary information.



          NEW SECTION.  Sec. 3.     A new section is added to chapter 81.80 RCW to read as follows:

          Nothing in this act shall be construed as changing the provisions of RCW 81.77.010(8), nor shall this act be construed as allowing any entity, other than a solid waste collection company authorized by the commission or an entity collecting solid waste from a city or town under the provisions of chapter 35.21 or 35A.21 RCW, to collect solid waste which may incidentally contain recyclable materials.


          NEW SECTION.  Sec. 4.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

                                                                                                                           Passed the Senate March 6, 1990.


                                                                                                                                       President of the Senate.


                                                                                                                           Passed the House March 1, 1990.


                                                                                                                                         Speaker of the House.