Solid Waste, Organic Materials, and Food Waste Management.
Under the state's solid waste management laws, local governments are the primary government entity responsible for implementing state solid waste management requirements. The Department of Ecology (Ecology) also has certain roles in overseeing the administration of solid waste management laws. Ecology is responsible for working cooperatively with local governments as they develop their local solid waste management plans. Ecology also evaluates, analyzes, and monitors the state's solid waste stream, and develops a statewide solid waste plan that, in part, addresses organic material wastes.
County and city solid waste management plans are required to contain certain elements, including a waste reduction and recycling element. This element must include waste reduction strategies, recycling strategies, and source separation strategies.
Since 2019 Washington has had an established goal to reduce the annual generation of food waste by 50 percent by 2030. A subset of the goal includes a prevention goal related to edible food waste. In order to achieve the 2030 food waste reduction goal, Ecology, working with other state agencies, adopted the Use Food Well Washington plan in December 2021. The Use Food Well Washington plan contained 30 federal and state policy recommendations.
In 2022 the Legislature enacted House Bill 1799 (HB 1799), which established a variety of new requirements related to organic material management. Organic materials are specified to include manure, yard waste, food waste, food processing wastes, wood wastes, and garden waste. Organic materials do not include chemically or biologically contaminated materials that would render the finished product of an organic material management process, such as composting or anaerobic digestion, unsuitable for general public or agricultural use. House Bill 1799 established goals for organic material management (state organics goals), including a goal for the landfill disposal of organic materials at a level in 2030 that is 75 percent less than in 2015, and a goal that at least 20 percent of the volume of edible food disposed of as of 2015 be recovered for human consumption by 2025. The state organics goals are in addition to the food waste reduction goals established in 2019.
Washington Center for Sustainable Food Management.
The Washington Center for Sustainable Food Management (Center) was established in Ecology by HB 1799 with the purpose of helping coordinate statewide food waste reduction. The Center is authorized to perform 13 specified categories of activities, including:
Ecology may enter into interagency agreements with other state agencies to fulfill the Center's responsibilities. Ecology may adopt rules pertaining to the Center. In order to obtain data to support the Center's goals, Ecology may establish a voluntary reporting protocol for the receipt of information regarding food donations. Ecology may request that a donating business or food recipient provide information regarding the volume, types, and timing of food managed by the donating facility. Ecology must seek to obtain this information in a manner that is compatible with any similar information reported to the Department of Agriculture (Agriculture), and Agriculture must coordinate with Ecology to ensure that the food donation information receipt practices it implements are consistent with the Center's practices.
Organic Materials Management Requirements for Businesses.
Under HB 1799, beginning July 1, 2023, Ecology must determine which counties and cities preparing solid waste plans provide for businesses to be serviced by providers that collect food waste and organic waste for delivery to solid waste facilities that provide for composting, anaerobic digestion, vermiculture, black soldier fly, or similar technologies to manage those collected organic wastes (organic materials management). Ecology must determine that organic material collection service requirements apply to certain businesses within a local jurisdiction unless Ecology determines that businesses in some or all portions of the county have no available organic materials collection services that deliver organic materials for organic materials management, or there is no available capacity at solid waste facilities to which organic materials could feasibly and economically be delivered.
In jurisdictions or portions of jurisdictions subject to these organic material collection and management requirements, the requirements are phased-in to apply:
Local Government Organic Material Collection and Management Requirements.
Under HB 1799, beginning January 1, 2027, each county or city that implements a local solid waste plan must provide source-separated organic solid waste collection services at least either biweekly or 26 weeks annually to all residents and to nonresidential customers that generate at least 0.25 cubic yards of organic materials per week, and must provide for organic materials management of collected organic materials. Cities and counties may charge and collect fees or rates for these services, consistent with their general authority to impose fees and rates for solid waste collection services. The organic material collection service and management requirements do not apply:
Any cities that newly begin implementing an independent solid waste plan after July 1, 2022, must meet organic material collection requirements.
Ecology may adopt a rule beginning January 1, 2030, that applies organic materials collection service and management requirements to jurisdictions exempted from requirements on the basis of population density or an Ecology-issued waiver, but only if Ecology determines that the state goals for the disposal of organic material in landfills for 2030 have not or will not be achieved. When newly developing, updating, or amending solid waste management plans after July 1, 2024, each local solid waste plan must consider the transition to providing organic materials collection services to certain residents and businesses in 2027.
Local Government Compost Procurement Requirements, Plans, and Ordinances.
Under HB 1799, by January 1, 2023, cities and counties with a population of at least 25,000, or in which organic material collection services are provided, must adopt a compost procurement ordinance to implement the 2020 requirement for local governments to consider the use of compost products in projects and to use compost products in a project except when availability, health, quality, safety, or price-competitive criteria are not met. In developing a compost procurement ordinance, cities and counties must consider four specified categories of compost uses, including landscaping projects and soil amendments. Cities and counties with a compost procurement ordinance must develop strategies to inform residents regarding the jurisdiction's use of compost and the value of compost. Local governments must give priority to purchasing compost products that produce compost locally, are certified by a nationally recognized organization, that produce products derived from municipal solid waste compost programs, and that meet quality standards. Local governments may enter into collective purchasing agreements if cost-effective or efficient to do so. Contracts by governmental units must require the use of compost products to the maximum extent economically feasible to meet local government compost use requirements. Every two years beginning in 2024, cities and counties with a compost procurement ordinance must submit a report to Ecology.
Local governments may allow for the preferential purchase of compost in order to meet the requirements for local governments to use compost products where products are available, reasonably priced, and meet purchasing and safety standards.
Department of Agriculture Compost Reimbursement Program.
Under HB 1799, Agriculture was required to establish a compost reimbursement program for farming operations in Washington for the purchase and use of compost products that were not generated by the farming operation. Costs covered by the compost reimbursement program must include transportation, spreading equipment, and labor, fuel, and maintenance costs associated with spreading equipment. Grant reimbursements under the compost reimbursement program began July 1, 2023. Prior to carrying out activities for which compost reimbursement program reimbursement is sought, farming operations must complete an eligibility review with Agriculture. Agriculture must review proposed transport and application of compost materials for compliance with state pest control rules. Soil sampling by Agriculture must be allowed by compost reimbursement program participants. Compost reimbursement program applicants may not seek reimbursement for purchase or labor costs for its own compost products, from compost products transferred to another individual or entity, or from compost products that were not purchased from a facility with a solid waste handling permit. Farming operations are eligible to receive reimbursement for up to 50 percent of their costs incurred each fiscal year, in an amount up to $10,000 per fiscal year. Agriculture must submit report to the Legislature each year.
Waste Not Washington Awards.
Ecology, in consultation with the Office of Superintendent of Public Instruction, administers an awards program to achieve waste reduction and recycling in schools. Awards under the program are capped at $5,000.
Product Degradability Labeling Requirements.
Since 2019 state law has established a variety of requirements related to how the degradability of plastic or nonplastic products is communicated by labels, tinting, and coloring. Products that are labeled as compostable and sold, offered for sale, or distributed for use in Washington by a manufacturer or supplier, must use green, brown, or beige labeling, color striping, or other marks that help differentiate compostable items from noncompostable materials. Manufacturers or suppliers of food service products and film products, other than film bags, that meet ASTM composting standards for plastics or plastic-coated substrates, must ensure that the items are readily and easily identifiable. Readily and easily identifiable film wrap and food service products must be labeled with a logo indicating the product has met ASTM standards, and labeled with the word "compostable," where possible. Compostable products must be considered compliant if they have green or brown labeling, are labeled as compostable, and use other distinguishing colors or marks. Specified additional characteristics, such as color and graphic elements, are encouraged for compostable film wrap and food packaging and food service ware.
Food service products and film products, including film bags, that do not meet ASTM standards for composability, are prohibited from using tinting, labeling, and terms that are required of products that meet ASTM standards, and are discouraged from using coloration, labeling, images, and terms that confuse customers into mistakenly identifying noncompostable products as compostable.
Ecology may adopt rules pertaining to product degradability labeling requirements, and must begin enforcing requirements by July 1, 2024. Enforcement by Ecology and cities and counties must be based primarily on complaints, and Ecology must establish a forum to receive complaints. Producers of compostable products, including bags, film products, and food service products, must submit at least one compliance declaration to Ecology beginning in 2024 upon a product being sold or distributed into Washington, and again prior to any change in a product's method of compliance with compost labeling requirements. Ecology, in collaboration with cities and counties, must provide education and outreach to retail establishments, consumers, and suppliers, about product degradability labeling requirements. Ecology-issued penalties are appealable to the Pollution Control Hearings Board (PCHB), and Ecology-issued penalties must be imposed consistent with standard protocols for penalties that are appealable to the PCHB.
State Building Code Requirements for Solid Waste.
The State Building Code (Code) establishes minimum performance standards and requirements for construction and construction materials in the state, consistent with accepted standards of engineering, fire, and life safety. The Code comprises a number of model codes and standards, developed and published by international and national organizations, which are adopted by reference in the State Building Code Act (Act). Model codes and standards adopted in the Act include the International Building Code, the International Residential Code, and the Energy Code. Cities and counties are authorized to amend the Code as it applies within the jurisdiction of the city or county. Under the Code, local jurisdictions must require that space be provided for the storage of recycled materials, compost, and solid waste for all new buildings. The storage area must be designed to meet the needs of the occupants of the building, efficiency of pickup, and must be available to occupants and haulers.
Funding Programs for Food Waste Prevention Priorities and Organic Materials Management.
The Department of Ecology's (Ecology) Center for Sustainable Food Management (Center) must develop and administer the following grant programs related to the diversion of organic materials, food waste prevention, and recovery:
Grant programs must be focused on achieving the following priorities:
For each grant program, eligible applicants and uses of funds are specified. Grants may be awarded by Ecology on a competitive or noncompetitive basis. Grants must prioritize applications that benefit overburdened communities identified by Ecology consistent with their community engagement plan under the 2021 Healthy Environment for All Act.
In addition to these grant programs, Ecology must develop and administer a grant program to support the implementation of House Bill 1799 of 2022 and the new requirements of this act, with priority to support implementation of organic material collection requirements from businesses and the residential organic material management service requirements applicable in local jurisdictions. Local governments, federally recognized Indian tribes, nonprofit organizations, businesses subject to organic material management collection obligations, and organic material management facilities are all eligible for funding. Ecology may not require a local government to provide matching funds.
The $5,000 limit on the amount of Waste Not Washington Awards is increased to $10,000 per award beginning January 1, 2026. It is declared to be the Legislature's intent to allocate at least $1 million per biennium to the Waste Not Washington Awards beginning in calendar year 2026.
The Department of Agriculture (Agriculture) must implement a new Washington commodities grant program to procure Washington-grown protein, produce, and grains for use in Washington that would otherwise be at risk of ending up as food waste. Specific criteria for the program are prescribed, including relying on existing infrastructure to maximize short-term beneficial impacts, being designed to achieve efficiencies of scale, and providing priority to recipient organizations that have at least five years of experience coordinating similar activities to those required under the grant program. Funds may be used for pick and pack out costs incurred associated with the production of a food product, including food product input and harvest costs and marginal post-harvest logistical and administrative costs. It is declared to be the Legislature's intent to allocate at least $25 million per biennium to this program.
Organic Material Collection Service and Management Requirements.
The organic material management service requirements applicable to nonresidential customers generating at least 0.25 cubic yards of solid waste and residential customers in jurisdictions implementing a local solid waste plan are amended, including by:
Penalties may not be assessed on individuals or residents for the improper disposal of organic materials in a noncommercial or residential setting.
The requirements applicable to the organic material management requirements for businesses are amended, including the following changes:
Solid Waste Collection Bin Color and Label Requirements.
Bin colors for solid waste collection services must be standardized across local governments implementing solid waste plans, including for indoor and outdoor collection containers offered at curbside, multifamily, commercial, government, public place, and institutional collection bins. Collection containers must have a body that is:
For containers of at least 1 cubic yard of capacity, a 2 square foot area on one side of the container may display a name, logo, or branding of the container owner, solid waste collection company, or government entity in any color, unless a local government implementing a solid waste plan requires uniform coloring on the container.
Lid colors must use one of the acceptable colors for the body of the container in containers of less than 1 cubic yard. Lid colors must be black or use one of the acceptable colors for the body of the container for containers of at least 1 cubic yard in capacity.
Ecology may adopt rules related to the appropriate containers in which to place materials that could conceivably be placed in multiple containers. Carpets, noncompostable paper, and hazardous wood waste may not be collected in green or brown containers.
Color standardization requirements apply to containers purchased after July 1, 2026, except that:
By January 1, 2025, all containers for collection services must bear a clear and conspicuous label specifying what materials may be placed in each container. Ecology may provide model labeling text and graphic images to satisfy this labeling requirement.
Product Degradability Labeling.
Product degradability labeling laws are amended, including by:
Compost Procurement Requirements.
Agriculture's compost reimbursement program is expanded to allow for the purchase of compost from facilities that are not required to have a solid waste handling permit. Agriculture must prioritize reimbursement applicants who purchase and use compost containing food waste feedstocks, where it is practicable for the applicant to purchase and use compost containing food waste feedstocks. Compost must meet applicable requirements for compost established by rule by Ecology under solid waste management laws. The $10,000 per fiscal year limit on compost reimbursement per farming operation is increased to $20,000 for large farms, and Agriculture must attempt to achieve fair distribution of funding across different farm size categories.
Cities and counties required to adopt compost procurement ordinances and report to Ecology must report annually on March 31, rather than every 2 years on December 31. The report must specify the facility or facilities used for processing organic material, in addition to the tons of organic material diverted.
Other.
Cities or counties may amend State Building Code requirements that apply to providing for the storage of solid waste, by requiring multifamily residential buildings to:
Ecology must, in consultation with Agriculture, study and submit to the Legislature a status report on the compostability, performance, printability, and cost of produce sticker technologies by September 1, 2025.
Ecology's Center must convene a work group to address mechanisms to improve the rescue of edible food waste from commercial generators, including food service and retail establishments. Ecology must select membership of the work group from specified types of state and local government and advocacy and associations. Meetings of the work group must be carried out in a virtual-only format. The work group must consider logistics to phase in edible food donation programs and incentives, food recovery networks, asset gaps and food infrastructure development needs, and lessons learned from other jurisdictions. Ecology must submit a report to the Legislature by September 1, 2025, containing the work group's recommendations, including notation of varied opinions where stakeholder consensus has not been reached.
In implementing the act, including provisions of existing law amended by the act, it is declared to be the Legislature's intent to manage food in a manner that prioritizes the prevention of wasted food as the highest priority, with food donation, animal feed, and compost or anaerobic digestion as lower priority management options above landfilling or incineration.
A severability and a null and void clause are included.
As compared to Engrossed Second Substitute House Bill 2301, the striking amendment passed by the Senate:
(In support) Food waste is a significant contributor to worldwide greenhouse gas (GHG) emissions. The Washington Legislature has enacted several laws in recent years to begin to reduce wasted food and improve organic waste management. Organic material sent to landfills produces methane, and energy investments that go into every stage of the food supply chain are wasted when food goes unused. Reducing methane emissions can have significant short-term reductions in global warming, because methane is a short-lived GHG. Standardizing date labels is a key solution to reduce food waste by reducing consumer confusion. Increasing the capacity of food rescue networks through investments will reduce wasted food by helping deliver food to those that need it. Investments in food banks will fulfill the Legislature's promise to reduce wasted food. Pilot projects with cities and grocers have achieved significant wasted food reductions. Plastic stickers and pesticide residues threaten to reduce compost quality. Quality alternatives to plastic produce stickers and adhesives exist and are made in Washington, and are available on the market. Other countries are banning plastic produce stickers, and Washington exports produce to those countries. Standardizing bin colors reduces compost contamination by reducing consumer confusion regarding which materials should go into which bins. Compost facilities need to have certainty that feedstock will be coming in order to raise capital and plan future investments. Weekly compost collection should be the default assumption for cities and other dense areas. Mandating weekly composting service may not be worth the financial or environmental costs. Local governments should decide collection frequency for organic materials. The Department of Agriculture's compost reimbursement program needs to support markets for food waste compost, and ensure that purchased compost is a quality product. Products should achieve high degradability standards in order to be eligible to enter compost streams. The smell and mess of composting turns people off from responsibly managing their waste, and can be reduced by dehydrating food waste at home. Compost facilities and anaerobic digesters should be equally incentivized and treated by state laws and rules. Anaerobic digester facilities do not need 10 hours per year of training for employees. Biodegradable plant-based straws should be allowed to be sold, but with different labeling requirements.
(Opposed) This bill contains a large number of different elements, and while businesses support many of those changes, some changes threaten to impose costs on businesses, such as the task to study mandatory food donations, which has already been adequately studied, discussed, and not recommended. Food labeling standards need to be established at the federal level, not state-by-state. Compostable produce stickers are the right thing to do, but don't yet meet efficiency and cost concerns. The exemption for wood and fiber-based labels could introduce toxic elements into compost. International trade and consistency in standards and requirements are important for food product providers.
(Other) Many grocers are already using third-party processing facilities to donate unwanted food or manage it appropriately with good environmental outcomes. Date labeling standards are difficult to establish at the state level, with so much food being distributed in international or interstate commerce. The designation of producers responsible for complying with product laws should be standardized across programs. New grant programs will help fund activities to improve organic material management outcomes. Grant programs should be open to a variety of recipients that prevent wasted food. Requiring mandatory local government collection of organic materials could lead to increased compost contamination. Biweekly organic material collections should be allowed to be continued. Cities should be given time to update waste collection container colors. The state should perform a statewide needs assessment to determine what investments are needed in order to improve organic material management. Restrictions on plastic produce stickers would be problematic to implement for food manufacturers and retailers without adequate alternatives. Composting standards for products need to be technically precise in order to ensure positive environmental results from products included in composting streams.
(In support) The bill would help reduce methane gas generated from organic matter. The bill would increase composting and get edible food to hungry people. The regulations on bin colors would help keep compost clean. The bill has been slimmed down to reduce the fiscal note. Food insecurity was bad before the pandemic, but is worse now. Food waste is an issue. The bill would help increase food donations and scale up what is working. The changes to the composting and labeling requirements and the work group are appreciated.
(Opposed) None.
(Other) There are cost concerns around the need to change bin colors. The bin color requirements for local governments should only go into effect if funding is provided. One-time hauling or construction projects should be exempted.
(In support) Representative Beth Doglio, prime sponsor; Jay Blazey, Cedar Grove; Andrea Collins, Natural Resources Defense Council; Tori Oto, Food Law and Policy Clinic, Harvard Law School; Heather Trim, Zero Waste Washington; Aaron Czyzewski, Food Lifeline; Tom French, Northwest Food Alliance; Janet Thoman, Compost Manufacturing Alliance LLC; Troy Lautenbach, Skagit Soils; Kate Kurtz, City of Seattle; Jim Holbery, Nvirovate Materials, Incorporated; Liv Johansson, Washington Organic Recycling Council; Scott Smithline, Mill Industries; Jay Kang, Thurston County Food Bank; David Richey, Divert; Ezra Eickmeyer, Association of Western Hemp Professionals; and Travis Dutton, Washington State Association of Counties.
(In support) Heather Trim, Zero Waste Washington; Aaron Czyzewski, Food Lifeline; and Katie Beeson, Washington Food Industry Association