S-1600.1  _______________________________________________

                         SENATE BILL 5842

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Swecker, Winsley and Fraser

Read first time 02/17/97.  Referred to Committee on Agriculture & Environment.

Pertaining to litter control and recycling.

    AN ACT Relating to litter control and recycling; and amending RCW 70.93.010, 70.93.020, 70.93.180, 70.95.280, and 82.19.010.

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

    Sec. 1.  RCW 70.93.010 and 1992 c 175 s 1 are each amended to read as follows:

    (1) The legislature finds:

    (a) Washington state is experiencing rapid population growth and its citizens are increasingly mobile;

    (b) There is a fundamental need for a healthful, clean, and beautiful environment;

    (c) The proliferation and accumulation of litter discarded throughout this state impairs this need and constitutes a public health hazard;

    (d) There is a need to conserve energy and natural resources, and the effective litter control and recovery and recycling of litter materials will serve to accomplish such conservation; and

    (e) In addition to effective litter control, there must be effective programs to accomplish waste reduction, the state's highest waste management priority((; and

    (f) There must also be effective systems to accomplish all components of recycling, including collection, processing, and the marketing of recyclable materials and recycled content products)).

    (2) Recognizing the multifaceted nature of the state's solid waste management problems, the legislation enacted in 1971 and entitled the "Model Litter Control and Recycling Act" is hereby renamed the "waste reduction, recycling, and model litter control act."

    Sec. 2.  RCW 70.93.020 and 1992 c 175 s 2 are each amended to read as follows:

    The purpose of this chapter is to accomplish litter control, increase waste reduction, and stimulate all components of recycling throughout this state by delegating to the department of ecology the authority to:

    (1) Conduct a permanent and continuous program to control and remove litter from this state to the maximum practical extent possible;

    (2) Recover and recycle waste materials related to litter and littering;

    (3) Foster public and private recycling of recyclable materials; and

    (4) Increase public awareness of the need for recycling and litter control.

    ((It is further the intent and purpose of this chapter to promote markets for recyclable materials through programs of the clean Washington center and other means.))

    It is further the intent and purpose of this chapter to create jobs for employment of youth in litter cleanup and related activities and to stimulate and encourage small, private recycling centers.  This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable.  Every other department of state government and all local governmental units and agencies of this state shall cooperate with the department of ecology in the administration and enforcement of this chapter.  The intent of this chapter is to add to and to coordinate existing recycling and litter control and removal efforts and not terminate or supplant such efforts.

    Sec. 3.  RCW 70.93.180 and 1992 c 175 s 8 are each amended to read as follows:

    (1) There is hereby created an account within the state treasury to be known as the "waste reduction, recycling, and litter control account".  Moneys in the account may be spent only after appropriation.  After June 30, 1997, expenditures from the waste reduction, recycling, and litter control account shall be used as follows:

    (a) ((From July 1, 1992, to June 30, 1993, funds shall be used for programs to:  Control litter; encourage recycling; develop markets for recyclable materials; and enforce compliance with the litter tax imposed in RCW 82.19.010.

    (b) After June 30, 1993, funds shall be used as follows:

    (i) Not less than forty percent nor more than fifty percent)) Forty-five percent for a litter patrol program to employ youth from the state to remove litter from places and areas that are most visible to the public and ten percent to ((enforce compliance with the litter tax imposed in RCW 82.19.010)) provide grants to local governments for litter cleanup under RCW 70.93.090 and 70.93.250; ((and

    (ii) Not more than sixty percent)) (b) Twenty percent for ((the following purposes:)) public education and awareness programs to control litter((; programs)) and to promote ((public education and)) awareness of the model litter control and recycling act, including the 1-800-RECYCLE state information line; ((programs to foster private local recycling efforts, encourage recycling, and develop markets for recyclable materials))

(c) Ten percent for local government grants for public education and awareness programs of the model litter control and recycling act;

(d) Two percent for grants or contract funding for industrial or commercial-based consumer education programs that foster litter control and recycling under this chapter; and

(e) The remainder as follows:  For the department of revenue to increase compliance with the litter tax imposed in RCW 82.19.010, for department of ecology administrative costs under this chapter, and for funding the collection of data from the biannual report under RCW 70.95.280.

    (2) All taxes imposed in RCW 82.19.010 and fines and bail forfeitures collected or received pursuant to this chapter shall be deposited in the waste reduction, recycling, and litter control account and used for the programs under subsection (1) of this section, and except as required to be otherwise distributed under RCW 70.93.070.

    Sec. 4.  RCW 70.95.280 and 1989 c 431 s 13 are each amended to read as follows:

    The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established in RCW 70.95.010.  In order to make this determination, the department shall conduct a comprehensive solid waste stream analysis and evaluation.  Following establishment of baseline data resulting from an initial in-depth analysis of the waste stream, the department shall develop a less intensive method of monitoring the disposed waste stream including, but not limited to, changes in the amount of waste generated and waste type.  The department shall monitor curbside collection programs and other waste segregation and disposal technologies to determine, to the extent possible, the effectiveness of these programs in terms of cost and participation, their applicability to other locations, and their implications regarding rules adopted under this chapter.  Persons who collect solid waste shall ((annually)) report on a biannual basis to the department the types and quantities of solid waste that are collected and where it is delivered.  The department shall adopt guidelines for reporting and for keeping proprietary information confidential.

    Sec. 5.  RCW 82.19.010 and 1992 c 175 s 3 are each amended to read as follows:

    In addition to any other taxes, there is hereby levied and there shall be collected by the department of revenue from every person for the privilege of engaging within this state in business as a manufacturer, as a wholesaler, or as a retailer, ((an annual)) a quarterly litter tax equal to the value of products listed in RCW 82.19.020, including byproducts, manufactured within this state, multiplied by fifteen one-thousandths of one percent in the case of manufacturers, and equal to the gross proceeds of sales of the products listed in RCW 82.19.020 that are sold within this state multiplied by fifteen one-thousandths of one percent in the case of wholesalers and retailers.  The tax levied and collected on any person under this section may not exceed one hundred thousand dollars annually.

                            --- END ---