6295-S AMS SKRA S5240.1

SSB 6295 - S AMD

By Senators Skratek, Fraser and Sheldon

                                                 WITHDRAWN 2/15/94

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that there is a need to expand upon existing laws which foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys at law to state courts of record be submitted on recycled paper.  The legislature further finds that increased recycling will protect and enhance the environment and economy of Washington state.

    Sec. 2.  RCW 43.19.538 and 1991 c 297 s 5 are each amended to read as follows:

    (1) The director of general administration, through the state purchasing director, shall develop specifications and adopt rules for the purchase of products which will provide for preferential purchase of products containing recycled material by:

    (a) The use of a weighting factor determined by the amount of recycled material in a product, which shall provide for minimum preference equal to ten percent of the total bid amount; and

(b) The use of a weighting factor based upon the savings in disposal costs realized through resource recovery and recycling of solid waste, except for paper products, that is generated in the state of Washington.  This weighting factor is in addition to the weighting factor established under (a) of this subsection.  The department shall consult with the department of ecology and other state agencies and institutions of higher education, as appropriate, to develop a method for quantifying the cost savings.  Bidders seeking eligibility for application of the weighting factor in this subsection (1)(b) shall certify what percentage of the materials in the recycled content product were obtained from within the state.

The weighting factors shall be used, where appropriate and known in advance to potential bidders, to determine the lowest responsible bidder.  The actual dollars bid shall be the contracted amount.  If the department determines, according to criteria established by rule that the use of ((this)) weighting factors in this section does not encourage the use of more recycled material, the department shall consider and award bids without regard to the weighting factors.  In making this determination, the department shall consider but not be limited to such factors as adequate competition, economics or environmental constraints, quality, and availability.

    (((b))) (c) Requiring a written statement of the percentage range of recycled content from the bidder providing products containing recycled (([material])) material.  The range may be stated in five percent increments.

    (2) The director shall develop a directory of businesses that supply products containing significant quantities of recycled materials.  This directory may be combined with and made accessible through the data base of recycled content products to be developed under RCW 43.19A.060.

    (3) The director shall encourage all parties using the state purchasing office to purchase products containing recycled materials.

    (4) The rules, specifications, and bid evaluation shall be consistent with recycled content standards adopted under RCW 43.19A.020.

NEW SECTION. Sec. 3.  A new section is added to chapter 2.28 RCW to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 3 through 5 of this act.

    (1) "Attorney" means an attorney at law admitted to practice law before any court of record in this state.

    (2) "Document" means a pleading or other paper submitted as an appendix to the pleading by an attorney, which document is required or permitted to be filed with a clerk of court concerning an action to be commenced or that is pending before a court of record.

    (3) "Recycled paper" means paper with not less than fifty percent of its total weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste.

NEW SECTION. Sec. 4.  A new section is added to chapter 2.28 RCW to read as follows:

    (1) Except as provided in subsection (3) of this section, an attorney may not submit a document to a court of record after January 1, 1995, unless the document is submitted on recycled paper.  This section applies to all papers appended to the document.

    (2)  Procedures adopted to implement this section may not impede the conduct of court business nor create grounds for an additional cause of action or sanction.

    (3) A court of record may not refuse a document solely because the document was not submitted on recycled paper.

    (a) This section does not apply to:

    (i) A photograph;

    (ii) An original document that was prepared or printed before January 1, 1995;

    (iii) A document that was not created at the direction or under the control of the submitting attorney;

    (iv) A facsimile copy otherwise permitted to be filed with a court of record in lieu of the original document.  However, if the original is also required to be filed, the original must be submitted in compliance with this section; and

    (v) Existing stock of nonrecycled paper and preprinted forms acquired or printed before January 1, 1994.

NEW SECTION. Sec. 5.  A new section is added to chapter 34.05 RCW to read as follows:

    (1) Except as provided in subsection (3) of this section, an attorney may not submit a document concerning an adjudicatory proceeding after January 1, 1995, unless the document is submitted on recycled paper.  This section applies to all papers appended to the document.

    (2)(a) A state agency that adopts policies, procedures, rules, or regulations for the purpose of implementing this section shall ensure that the conduct of state business is not impeded and that a person is not denied access to the services or programs of a state agency as a result of the implementation.

    (b) A state agency may not refuse a document solely because it was not submitted on recycled paper.

    (3) This section does not apply to:

    (a) A photograph:

    (b) An original document that was prepared or printed before January 1, 1995;

    (c) A document that was not created by the direction or under the control of the submitting attorney;

    (d) A facsimile copy concerning an adjudicatory proceeding otherwise permitted to be filed in lieu of the original document.   However, if the original is also required to be filed, the original must be submitted in compliance with this section; and

    (e) Existing stock of nonrecycled paper and preprinted forms acquired before January 1, 1994.

NEW SECTION. Sec. 6.  Sections 3 through 5 of this act shall take effect July 1, 1994."

SSB 6295 - S AMD

By Senators Skratek, Fraser and Sheldon

    On page 1, line 2 of the title, after "material;" strike the remainder of the title and insert "amending RCW 43.19.538; adding new sections to chapter 2.28 RCW; adding a new section to chapter 34.05 RCW; creating a new section; and providing an effective date."

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