BILL REQ. #:  H-3762.1 

Prefiled 12/03/07. Read first time 01/14/08.   Referred to Committee on Select Committee on Environmental Health.

     AN ACT Relating to petroleum-based water bottles; amending RCW 70.93.030; adding new sections to chapter 70.93 RCW; creating a new section; prescribing penalties; and providing an effective date.

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

Sec. 1   RCW 70.93.030 and 2007 c 244 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Conveyance" means a boat, airplane, or vehicle.
     (2) "Department" means the department of ecology.
     (3) "Director" means the director of the department of ecology.
     (4) "Disposable package or container" means all packages or containers defined as such by rules adopted by the department of ecology.
     (5) "Junk vehicle" has the same meaning as defined in RCW 46.55.010.
     (6) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited and solid waste that is illegally dumped, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. "Litter" includes the material described in subsection (((11))) (12) of this section as "potentially dangerous litter."
     (7) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity.
     (8) "Litter receptacle" means those containers adopted by the department of ecology and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter.
     (9) "Official gathering" means an event where authorization to hold the event is approved, recognized, or issued by a government, public body, or authority, including but not limited to fairs, musical concerts, athletic games, festivals, tournaments, or any other formal or ceremonial event, during which beverages are sold by a vendor or vendors in single-use aluminum, glass, or plastic bottles or cans.
     (10) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever.
     (11) "Petroleum-based water bottle" means a bottle made from a petroleum-based plastic not intended by the manufacturer to be a reusable container that is one liter in size or smaller and is marketed to contain nonflavored, uncarbonated drinking water. The term "petroleum-based water bottle" does not include plastic bottles derived from corn or other biological materials.
     (12) "Potentially dangerous litter" means litter that is likely to injure a person or cause damage to a vehicle or other property. "Potentially dangerous litter" means:
     (a) Cigarettes, cigars, or other tobacco products that are capable of starting a fire;
     (b) Glass;
     (c) A container or other product made predominantly or entirely of glass;
     (d) A hypodermic needle or other medical instrument designed to cut or pierce;
     (e) Raw human waste, including soiled baby diapers, regardless of whether or not the waste is in a container of any sort; and
     (f) Nails or tacks.
     (((12))) (13) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
     (((13))) (14) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration.
     (((14))) (15) "Recycling center" means a central collection point for recyclable materials.
     (((15))) (16) "Sports facility" means an outdoor recreational sports facility, including but not limited to athletic fields and ballparks, at which beverages are sold by a vendor or vendors in single-use aluminum, glass, or plastic bottles or cans.
     (((16))) (17) "To litter" means a single or cumulative act of disposing of litter.
     (((17))) (18) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
     (((18))) (19) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.
     (((19))) (20) "Watercraft" means any boat, ship, vessel, barge, or other floating craft.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.93 RCW to read as follows:
     (1) The sale of petroleum-based water bottles is prohibited by any retail store, wholesale club, or vending machine provider.
     (2) Any retail store, wholesale club, or vending machine provider operating in violation of this section is subject to a class 1 civil infraction under chapter 7.80 RCW. Each calendar day of operation in violation of this section comprises a new violation.
     (3) The department shall develop guidelines identifying the specifications of water bottles allowed under this section. Retail stores, wholesale clubs, or vending machine providers providing water bottles consistent with the guidelines are deemed to be in compliance with this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.93 RCW to read as follows:
     (1) Except as otherwise provided in this section, state agencies are prohibited from purchasing petroleum-based water bottles.
     (2)(a) The top administrative official of a state agency may waive the provisions of this section on a case-by-case basis if the top administrative official of the agency publishes a finding in the Washington State Register explaining the details as to why the purchase or use of petroleum-based water bottles was necessary.
     (b) The Washington State Register publication requirements of this section may be satisfied with one annual publication summarizing all instances where the requirements of this section were waived by the top administrative official in the preceding year.

NEW SECTION.  Sec. 4   Local governments and school districts are encouraged to review their purchasing and use of petroleum-based water bottles and, when possible, limit the purchase of petroleum-based water bottles.

NEW SECTION.  Sec. 5   Section 2 of this act takes effect January 1, 2010.