HomeMy WebLinkAboutE2SHB 1799 as passed Senate1799-S2.E AMS ENGR S4791.E
E2SHB 1799 - S COMM AMD
By Committee on Environment, Energy & Technology
ADOPTED AND ENGROSSED 3/3/2022
Strike everything after the enacting clause and insert the 1
following:2
"NEW SECTION. Sec. 1. (1) The legislature finds that landfills 3
are a significant source of emissions of methane, a potent greenhouse 4
gas. Among other economic and environmental benefits, the diversion 5
of organic materials to productive uses will reduce methane 6
emissions.7
(2) In order to reduce methane emissions associated with organic 8
materials, the legislature finds that it will be beneficial to 9
improve a variety of aspects of how organic materials and organic 10
material wastes are reduced, managed, incentivized, and regulated 11
under state law. Therefore, it is the intent of the legislature to 12
support the diversion of organic materials from landfills through a 13
variety of interventions to support productive uses of organic 14
material wastes, including by:15
(a) Requiring some local governments to begin providing separated 16
organic material collection services within their jurisdictions in 17
order to increase volumes of organic materials collected and 18
delivered to composting and other organic material management 19
facilities and reduce the volumes of organic materials collected in 20
conjunction with other solid waste and delivered to landfills;21
(b) Requiring local governments to consider state organic 22
material management goals and requirements in the development of 23
their local solid waste plans;24
(c) Requiring some businesses to manage their organic material 25
wastes in a manner that does not involve landfilling them, in order 26
to address one significant source of organic materials that currently 27
frequently end up in landfills;28
(d) Reducing legal liability risk barriers to the donation of 29
edible food in order to encourage the recovery of foods that might 30
otherwise be landfilled;31
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(e) Establishing the Washington center for sustainable food 1
management within the department of ecology in order to coordinate 2
and improve statewide food waste reduction and diversion efforts;3
(f) Establishing various new funding and financial incentives 4
intended to increase composting and other forms of productive organic 5
materials management, helping to make the responsible management of 6
organic materials more cost-competitive with landfilling of organic 7
material wastes;8
(g) Facilitating the siting of organic material management 9
facilities in order to ensure that adequate capacity exists to 10
process organic materials at the volumes necessary to achieve state 11
organic material diversion goals;12
(h) Encouraging cities and counties to procure more of the 13
compost and finished products created from their organic material 14
wastes in order to support the economic viability of processes to 15
turn organic materials into finished products, and increasing the 16
likelihood that composting and other responsible organic material 17
management options are economically viable; and18
(i) Amending standards related to the labeling of plastic and 19
compostable products in order to reduce contamination of the waste 20
streams handled by compost and organic material management facilities 21
and improve the economic viability of those responsible organic 22
material management options.23
PART 124
State Targets and Organic Material Waste Collection Requirements25
NEW SECTION. Sec. 101. A new section is added to chapter 26
70A.205 RCW to read as follows:27
(1)(a) The state establishes a goal for the landfill disposal of 28
organic materials at a level representing a 75 percent reduction by 29
2030 in the statewide disposal of organic material waste, relative to 30
2015 levels.31
(b) The state establishes a goal that no less than 20 percent of 32
the volume of edible food that was disposed of as of 2015 be 33
recovered for human consumption by 2025.34
(2) The provisions of subsection (1) of this section are in 35
addition to the food waste reduction goals of RCW 70A.205.715(1).36
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NEW SECTION. Sec. 102. A new section is added to chapter 1
70A.205 RCW to read as follows:2
(1) Beginning January 1, 2027, in each jurisdiction that 3
implements a local solid waste plan under RCW 70A.205.040:4
(a) Source-separated organic solid waste collection services must 5
be provided at least every other week or at least 26 weeks annually 6
to:7
(i) All residents; and8
(ii) Nonresidential customers that generate more than .25 cubic 9
yard per week of organic materials for management; and10
(b) All organic solid waste collected from residents and 11
businesses under (a) of this subsection must be managed through 12
organic materials management.13
(2) A jurisdiction may charge and collect fees or rates for the 14
services provided under subsection (1) of this section, consistent 15
with the jurisdiction's authority to impose fees and rates under 16
chapters 35.21, 35A.21, 36.58, and 36.58A RCW.17
(3)(a) Except as provided in (d) of this subsection, the 18
requirements of this section do not apply in a jurisdiction if the 19
department determines that the following apply:20
(i) The jurisdiction disposed of less than 5,000 tons of solid 21
waste in the most recent year for which data is available;22
(ii) The jurisdiction has a total population of less than 25,000 23
people; or24
(iii) The jurisdiction has a total population between 25,000 and 25
50,000 people and curbside organic solid waste collection services 26
are not offered in any area within the jurisdiction, as of July 1, 27
2022.28
(b) The requirements of this section do not apply:29
(i) In census tracts that have a population density of less than 30
75 people per square mile that are serviced by the jurisdiction and 31
located in unincorporated portions of a county, as determined by the 32
department, in counties not planning under chapter 36.70A RCW; and33
(ii) Outside of urban growth areas designated pursuant to RCW 34
36.70A.110 in unincorporated portions of a county planning under 35
chapter 36.70A RCW.36
(c) In addition to the exemptions in (a) and (b) of this 37
subsection, the department may issue a renewable waiver to 38
jurisdictions or portions of a jurisdiction under this subsection for 39
up to five years, based on consideration of factors including the 40
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distance to organic materials management facilities, the sufficiency 1
of the capacity to manage organic materials at facilities to which 2
organic materials could feasibly and economically be delivered from 3
the jurisdiction, and restrictions in the transport of organic 4
materials under chapter 17.24 RCW. The department may adopt rules to 5
specify the type of information that a waiver applicant must submit 6
to the department and to specify the department's process for 7
reviewing and approving waiver applications.8
(d) Beginning January 1, 2030, the department may adopt a rule to 9
require that the provisions of this section apply in the 10
jurisdictions identified in (b) and (c) of this subsection, but only 11
if the department determines that the goals established in section 12
101(1) of this act have not or will not be achieved.13
(4) Any city that newly begins implementing an independent solid 14
waste plan under RCW 70A.205.040 after July 1, 2022, must meet the 15
requirements of subsection (1) of this section.16
Sec. 103. RCW 70A.205.040 and 2010 c 154 s 2 are each amended to 17
read as follows:18
(1) Each county within the state, in cooperation with the various 19
cities located within such county, shall prepare a coordinated, 20
comprehensive solid waste management plan. Such plan may cover two or 21
more counties. The purpose is to plan for solid waste and materials 22
reduction, collection, and handling and management services and 23
programs throughout the state, as designed to meet the unique needs 24
of each county and city in the state. When updating a solid waste 25
management plan developed under this chapter, after June 10, 2010, 26
local comprehensive plans must consider and plan for the following 27
handling methods or services:28
(a) Source separation of recyclable materials and products, 29
organic materials, and wastes by generators;30
(b) Collection of source separated materials;31
(c) Handling and proper preparation of materials for reuse or 32
recycling;33
(d) Handling and proper preparation of organic materials for 34
((composting or anaerobic digestion)) organic materials management; 35
and36
(e) Handling and proper disposal of nonrecyclable wastes.37
(2) When updating a solid waste management plan developed under 38
this chapter, after June 10, 2010, each local comprehensive plan 39
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must, at a minimum, consider methods that will be used to address the 1
following:2
(a) Construction and demolition waste for recycling or reuse;3
(b) Organic material including yard debris, food waste, and food 4
contaminated paper products for ((composting or anaerobic digestion)) 5
organic materials management;6
(c) Recoverable paper products for recycling;7
(d) Metals, glass, and plastics for recycling; and8
(e) Waste reduction strategies.9
(3)(a) When newly developing, updating, or amending a 10
comprehensive solid waste management plan developed under this 11
chapter, after July 1, 2024, each local comprehensive solid waste 12
management plan must consider the transition to the requirements of 13
section 102 of this act, and each comprehensive solid waste 14
management plan implemented by a county must identify:15
(i) The priority areas within the county for the establishment of 16
organic materials management facilities. Priority areas must be in 17
industrial zones, agricultural zones, or rural zones, and may not be 18
located in overburdened communities identified by the department of 19
ecology under chapter 70A.02 RCW. Priority areas should be designated 20
with an attempt to minimize incompatible uses and potential impacts 21
on residential areas; and22
(ii) Organic materials management facility volumetric capacity 23
required to manage the county's organic materials in a manner 24
consistent with the goals of section 101 of this act.25
(b) When newly developing, updating, or amending a comprehensive 26
solid waste management plan developed under this chapter, after 27
January 1, 2027, each local comprehensive solid waste management plan 28
must be consistent with the requirements of section 102 of this act.29
(c)(i) Notwithstanding (a) and (b) of this subsection, and except 30
as provided in (c)(ii) of this subsection, a jurisdiction 31
implementing a local comprehensive solid waste management plan under 32
this chapter may not site the increase or expansion of any existing 33
organic materials management facility that processed more than 34
200,000 tons of material, relative to 2019 levels.35
(ii) The limitation in (c)(i) of this subsection does not apply 36
to the siting of any anaerobic digester or anaerobic digestion 37
facility.38
(4) Each city shall:39
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(a) Prepare and deliver to the county auditor of the county in 1
which it is located its plan for its own solid waste management for 2
integration into the comprehensive county plan;3
(b) Enter into an agreement with the county pursuant to which the 4
city shall participate in preparing a joint city-county plan for 5
solid waste management; or6
(c) Authorize the county to prepare a plan for the city's solid 7
waste management for inclusion in the comprehensive county plan.8
(((4))) (5) Two or more cities may prepare a plan for inclusion 9
in the county plan. With prior notification of its home county of its 10
intent, a city in one county may enter into an agreement with a city 11
in an adjoining county, or with an adjoining county, or both, to 12
prepare a joint plan for solid waste management to become part of the 13
comprehensive plan of both counties.14
(((5))) (6) After consultation with representatives of the cities 15
and counties, the department shall establish a schedule for the 16
development of the comprehensive plans for solid waste management. In 17
preparing such a schedule, the department shall take into account the 18
probable cost of such plans to the cities and counties.19
(((6))) (7) Local governments shall not be required to include a 20
hazardous waste element in their solid waste management plans.21
NEW SECTION. Sec. 104. (1) The department of ecology must 22
contract with a third-party consultant to conduct a study of the 23
adequacy of local government solid waste management funding, 24
including options and recommendations to provide funding for solid 25
waste programs in the future if significant statewide policy changes 26
are enacted. The department must include the Washington association 27
of county solid waste managers, the association of Washington cities, 28
an association that represents the private sector solid waste 29
industry, and other stakeholders in scoping the study and reviewing 30
the consultant's findings and recommendations prior to submittal to 31
the legislature.32
(2) The study must include:33
(a) Consideration for jurisdictional type, location, size, 34
service level, and other relevant differences between cities and 35
counties;36
(b) A review and update of current funding types and levels 37
available, and their rate of adoption;38
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(c) The funding needs to implement the solid waste core services 1
model developed by the Washington association of county solid waste 2
managers;3
(d) Alternative funding models utilized by other publicly managed 4
solid waste programs in other states or countries that may be 5
relevant to Washington; and6
(e) An evaluation of the impacts on solid waste funding resources 7
available to cities and counties from statewide solid waste 8
management policy proposals considered by the legislature or enacted 9
in the last four years, including proposals to:10
(i) Reduce the quantity of organic waste to landfills;11
(ii) Manage products through product stewardship or extended 12
producer responsibility programs;13
(iii) Improve or install new or updated methane capture systems;14
(iv) Increase postconsumer content requirements for materials 15
collected in solid waste programs; and16
(v) Other related proposals that may impact solid waste funding 17
resources.18
(3) The study must evaluate a range of forecasted fiscal impacts 19
for each type of policy change on local government solid waste 20
management programs, including:21
(a) The level of service provided by local government;22
(b) Costs to the local government;23
(c) Existing revenue levels; and24
(d) The need for additional revenue.25
(4) The department must submit the report, including findings and 26
any recommendations, to the appropriate committees of the legislature 27
by July 1, 2023.28
Sec. 105. RCW 70A.205.015 and 2020 c 20 s 1161 are each amended 29
to read as follows:30
((As used in this chapter, unless the context indicates 31
otherwise:)) The definitions in this section apply throughout this 32
chapter unless the context clearly requires otherwise.33
(1) "City" means every incorporated city and town.34
(2) "Commission" means the utilities and transportation 35
commission.36
(3) "Composted material" means organic solid waste that has been 37
subjected to controlled aerobic degradation at a solid waste facility 38
in compliance with the requirements of this chapter. Natural decay of 39
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organic solid waste under uncontrolled conditions does not result in 1
composted material.2
(4) "Department" means the department of ecology.3
(5) "Director" means the director of the department of ecology.4
(6) "Disposal site" means the location where any final treatment, 5
utilization, processing, or deposit of solid waste occurs.6
(7) "Energy recovery" means a process operating under federal and 7
state environmental laws and regulations for converting solid waste 8
into usable energy and for reducing the volume of solid waste.9
(8) "Functional standards" means criteria for solid waste 10
handling expressed in terms of expected performance or solid waste 11
handling functions.12
(9) "Incineration" means a process of reducing the volume of 13
solid waste operating under federal and state environmental laws and 14
regulations by use of an enclosed device using controlled flame 15
combustion.16
(10) "Inert waste landfill" means a landfill that receives only 17
inert waste, as determined under RCW 70A.205.030, and includes 18
facilities that use inert wastes as a component of fill.19
(11) "Jurisdictional health department" means city, county, city-20
county, or district public health department.21
(12) "Landfill" means a disposal facility or part of a facility 22
at which solid waste is placed in or on land and which is not a land 23
treatment facility.24
(13) "Local government" means a city, town, or county.25
(14) "Modify" means to substantially change the design or 26
operational plans including, but not limited to, removal of a design 27
element previously set forth in a permit application or the addition 28
of a disposal or processing activity that is not approved in the 29
permit.30
(15) "Multiple-family residence" means any structure housing two 31
or more dwelling units.32
(16) "Person" means individual, firm, association, copartnership, 33
political subdivision, government agency, municipality, industry, 34
public or private corporation, or any other entity whatsoever.35
(17) "Recyclable materials" means those solid wastes that are 36
separated for recycling or reuse, such as papers, metals, and glass, 37
that are identified as recyclable material pursuant to a local 38
comprehensive solid waste plan. Prior to the adoption of the local 39
comprehensive solid waste plan, adopted pursuant to RCW 40
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70A.205.075(2), local governments may identify recyclable materials 1
by ordinance from July 23, 1989.2
(18) "Recycling" means transforming or remanufacturing waste 3
materials into usable or marketable materials for use other than 4
landfill disposal or incineration.5
(19) "Residence" means the regular dwelling place of an 6
individual or individuals.7
(20) "Sewage sludge" means a semisolid substance consisting of 8
settled sewage solids combined with varying amounts of water and 9
dissolved materials, generated from a wastewater treatment system, 10
that does not meet the requirements of chapter 70A.226 RCW.11
(21) "Soil amendment" means any substance that is intended to 12
improve the physical characteristics of the soil, except composted 13
material, commercial fertilizers, agricultural liming agents, 14
unmanipulated animal manures, unmanipulated vegetable manures, food 15
wastes, food processing wastes, and materials exempted by rule of the 16
department, such as biosolids as defined in chapter 70A.226 RCW and 17
wastewater as regulated in chapter 90.48 RCW.18
(22) "Solid waste" or "wastes" means all putrescible and 19
nonputrescible solid and semisolid wastes including, but not limited 20
to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, 21
demolition and construction wastes, abandoned vehicles or parts 22
thereof, and recyclable materials.23
(23) "Solid waste handling" means the management, storage, 24
collection, transportation, treatment, utilization, processing, and 25
final disposal of solid wastes, including the recovery and recycling 26
of materials from solid wastes, the recovery of energy resources from 27
solid wastes or the conversion of the energy in solid wastes to more 28
useful forms or combinations thereof.29
(24) "Source separation" means the separation of different kinds 30
of solid waste at the place where the waste originates.31
(25) "Vehicle" includes every device physically capable of being 32
moved upon a public or private highway, road, street, or watercourse 33
and in, upon, or by which any person or property is or may be 34
transported or drawn upon a public or private highway, road, street, 35
or watercourse, except devices moved by human or animal power or used 36
exclusively upon stationary rails or tracks.37
(26) "Waste-derived soil amendment" means any soil amendment as 38
defined in this chapter that is derived from solid waste as defined 39
in this section, but does not include biosolids or biosolids products 40
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regulated under chapter 70A.226 RCW or wastewaters regulated under 1
chapter 90.48 RCW.2
(27) "Waste reduction" means reducing the amount or toxicity of 3
waste generated or reusing materials.4
(28) "Yard debris" means plant material commonly created in the 5
course of maintaining yards and gardens, and through horticulture, 6
gardening, landscaping, or similar activities. Yard debris includes 7
but is not limited to grass clippings, leaves, branches, brush, 8
weeds, flowers, roots, windfall fruit, vegetable garden debris, 9
holiday trees, and tree prunings four inches or less in diameter.10
(29)(a)(i) "Organic materials" means any solid waste that is a 11
biological substance of plant or animal origin capable of microbial 12
degradation.13
(ii) Organic materials include, but are not limited to, manure, 14
yard debris, food waste, food processing waste, wood waste, and 15
garden waste.16
(b) "Organic materials" does not include any materials 17
contaminated by herbicides, pesticides, pests, or other sources of 18
chemical or biological contamination that would render a finished 19
product of an organic material management process unsuitable for 20
general public or agricultural use.21
(30) "Organic materials management" means management of organic 22
materials through composting, anaerobic digestion, vermiculture, 23
black soldier fly, or similar technologies.24
PART 225
Requirements for Organics Management by Businesses26
NEW SECTION. Sec. 201. A new section is added to chapter 27
70A.205 RCW to read as follows:28
(1)(a) Beginning July 1, 2023, and each July 1st thereafter, the 29
department must determine which counties and any cities preparing 30
independent solid waste management plans:31
(i) Provide for businesses to be serviced by providers that 32
collect food waste and organic material waste for delivery to solid 33
waste facilities that provide for the organic materials management of 34
organic material waste and food waste; and35
(ii) Are serviced by solid waste facilities that provide for the 36
organic materials management of organic material waste and food waste 37
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and have capacity to accept increased volumes of organic materials 1
deliveries.2
(b)(i) The department must determine and designate that the 3
restrictions of this section apply to businesses in a jurisdiction 4
unless the department determines that the businesses in some or all 5
portions of the city or county have:6
(A) No available businesses that collect and deliver organic 7
materials to solid waste facilities that provide for the organic 8
materials management of organic material waste and food waste; or9
(B) No available capacity at the solid waste facilities to which 10
businesses that collect and deliver organic materials could feasibly 11
and economically deliver organic materials from the jurisdiction.12
(ii)(A) In the event that a county or city provides written 13
notification to the department indicating that the criteria of 14
(b)(i)(A) of this subsection are met, then the restrictions of this 15
section apply only in those portions of the jurisdiction that have 16
available service-providing businesses.17
(B) In the event that a county or city provides written 18
notification to the department indicating that the criteria of 19
(b)(i)(B) of this subsection are met, then the restrictions of this 20
section do not apply to the jurisdiction.21
(c) The department must make the result of the annual 22
determinations required under this section available on its website.23
(d) The requirements of this section may be enforced by 24
jurisdictional health departments consistent with this chapter, 25
except that:26
(i) A jurisdictional health department may not charge a fee to 27
permit holders to cover the costs of the jurisdictional health 28
department's administration or enforcement of the requirements of 29
this section; and30
(ii) Prior to issuing a penalty under this section, a 31
jurisdictional health department must provide at least two written 32
notices of noncompliance with the requirements of this section to the 33
owner or operator of a business subject to the requirements of this 34
section.35
(2)(a)(i) Beginning January 1, 2024, a business that generates at 36
least eight cubic yards of organic material waste per week must 37
arrange for organic materials management services specifically for 38
organic material waste;39
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(ii) Beginning January 1, 2025, a business that generates at 1
least four cubic yards of organic material waste per week must 2
arrange for organic materials management services specifically for 3
organic material waste; and4
(iii) Beginning January 1, 2026, a business that generates at 5
least four cubic yards of solid waste per week shall arrange for 6
organic materials management services specifically for organic 7
material waste, unless the department determines, by rule, that 8
additional reductions in the landfilling of organic materials would 9
be more appropriately and effectively achieved, at reasonable cost to 10
regulated businesses, through the establishment of a different 11
volumetric threshold of solid waste or organic material waste than 12
the threshold of four cubic yards of solid waste per week.13
(b) The following wastes do not count for purposes of determining 14
waste volumes in (a) of this subsection:15
(i) Wastes that are managed on-site by the generating business;16
(ii) Wastes generated from the growth and harvest of food or 17
fiber that are managed off-site by another business engaged in the 18
growth and harvest of food or fiber;19
(iii) Wastes that are managed by a business that enters into a 20
voluntary agreement to sell or donate organic materials to another 21
business for off-site use; and22
(iv) Wastes generated in exceptional volumes as a result of a 23
natural disaster or other infrequent and unpreventable event.24
(3) A business may fulfill the requirements of this section by:25
(a) Source separating organic material waste from other waste, 26
subscribing to a service that includes organic material waste 27
collection and organic materials management, and using such a service 28
for organic material waste generated by the business;29
(b) Managing its organic material waste on-site or self-hauling 30
its own organic material waste for organic materials management;31
(c) Qualifying for exclusion from the requirements of this 32
section consistent with subsection (1)(b) of this section; or33
(d) For a business engaged in the growth, harvest, or processing 34
of food or fiber, entering into a voluntary agreement to sell or 35
donate organic materials to another business for off-site use.36
(4)(a) A business generating organic material waste shall arrange 37
for any services required by this section in a manner that is 38
consistent with state and local laws and requirements applicable to 39
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the collection, handling, or recycling of solid and organic material 1
waste.2
(b) Nothing in this section requires a business to dispose of 3
materials in a manner that conflicts with federal or state public 4
health or safety requirements. Nothing in this section requires 5
businesses to dispose of wastes generated in exceptional volumes as a 6
result of a natural disaster or other infrequent and unpreventable 7
event through the options established in subsection (3) of this 8
section.9
(5) When arranging for gardening or landscaping services, the 10
contract or work agreement between a business subject to this section 11
and a gardening or landscaping service must require that the organic 12
material waste generated by those services be managed in compliance 13
with this chapter.14
(6)(a) This section does not limit the authority of a local 15
governmental agency to adopt, implement, or enforce a local organic 16
material waste recycling requirement, or a condition imposed upon a 17
self-hauler, that is more stringent or comprehensive than the 18
requirements of this chapter.19
(b) This section does not modify, limit, or abrogate in any 20
manner any of the following:21
(i) A franchise granted or extended by a city, county, city and 22
county, or other local governmental agency;23
(ii) A contract, license, certificate, or permit to collect solid 24
waste previously granted or extended by a city, county, city and 25
county, or other local governmental agency;26
(iii) The right of a business to sell or donate its organic 27
materials; and28
(iv) A certificate of convenience and necessity issued to a solid 29
waste collection company under chapter 81.77 RCW.30
(c) Nothing in this section modifies, limits, or abrogates the 31
authority of a local jurisdiction with respect to land use, zoning, 32
or facility siting decisions by or within that local jurisdiction.33
(d) Nothing in this section changes or limits the authority of 34
the Washington utilities and transportation commission to regulate 35
collection of solid waste, including curbside collection of 36
residential recyclable materials, nor does this section change or 37
limit the authority of a city or town to provide the service itself 38
or by contract under RCW 81.77.020.39
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(7) The definitions in this subsection apply throughout this 1
section unless the context clearly indicates otherwise.2
(a)(i) "Business" means a commercial or public entity including, 3
but not limited to, a firm, partnership, proprietorship, joint stock 4
company, corporation, or association that is organized as a for-5
profit or nonprofit entity.6
(ii) "Business" does not include a multifamily residential 7
entity.8
(b) "Food waste" has the same meaning as defined in RCW 9
70A.205.715.10
PART 311
Updates to the Washington Good Samaritan Act12
Sec. 301. RCW 69.80.031 and 1994 c 299 s 36 are each amended to 13
read as follows:14
(1) This section may be cited as the "good samaritan food 15
donation act."16
(2) ((As used in this section:)) The definitions in this 17
subsection apply throughout this section unless the context clearly 18
requires otherwise.19
(a) "Apparently fit grocery product" means a grocery product that 20
meets ((all quality and)) safety and safety-related labeling 21
standards imposed by federal, state, and local laws and regulations 22
even though the product may not be readily marketable due to 23
appearance, age, freshness, grade, size, surplus, passage of a date 24
on a date label other than a safety or safety-related labeling of a 25
date, or other conditions.26
(b) "Apparently wholesome food" means food that meets ((all 27
quality and)) safety and safety-related labeling standards imposed by 28
federal, state, and local laws and regulations even though the food 29
may not be readily marketable due to appearance, age, freshness, 30
grade, size, surplus, passage of a date on a date label other than a 31
safety or safety-related labeling of a date, or other conditions.32
(c) "Donate" means to give without requiring anything of monetary 33
value from the recipient, except that the term shall include giving 34
by a nonprofit organization to another nonprofit organization, 35
notwithstanding that the donor organization has charged a nominal fee 36
to the donee organization, if the ultimate recipient or user is not 37
required to give anything of monetary value.38
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(d) "Food" means a raw, cooked, processed, or prepared edible 1
substance, ice, beverage, or ingredient used or intended for use in 2
whole or in part for human consumption.3
(e) "Gleaner" means a person who harvests for free distribution 4
to the needy, or for donation to a nonprofit organization for 5
ultimate distribution to the needy, an agricultural crop that has 6
been donated by the owner.7
(f) "Grocery product" means a nonfood grocery product, including 8
a disposable paper or plastic product, household cleaning product, 9
laundry detergent, cleaning product, or miscellaneous household item.10
(g) "Gross negligence" means voluntary and conscious conduct by a 11
person with knowledge, at the time of the conduct, that the conduct 12
is likely to be harmful to the health or well-being of another 13
person.14
(h) "Intentional misconduct" means conduct by a person with 15
knowledge, at the time of the conduct, that the conduct is harmful to 16
the health or well-being of another person.17
(i) "Nonprofit organization" means an incorporated or 18
unincorporated entity that:19
(i) Is operating for religious, charitable, or educational 20
purposes; and21
(ii) Does not provide net earnings to, or operate in any other 22
manner that inures to the benefit of, any officer, employee, or 23
shareholder of the entity.24
(j) "Person" means an individual, corporation, partnership, 25
organization, association, or governmental entity, including a retail 26
grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, 27
farmer, and nonprofit food distributor or hospital. In the case of a 28
corporation, partnership, organization, association, or governmental 29
entity, the term includes an officer, director, partner, deacon, 30
trustee, councilmember, or other elected or appointed individual 31
responsible for the governance of the entity.32
(k) "Qualified direct donor" means any person required to obtain 33
a food establishment permit under chapter 246-215 WAC, as it existed 34
as of January 1, 2022, including a retail grocer, wholesaler, 35
agricultural producer, restaurant, caterer, school food authority, or 36
institution of higher education as defined in RCW 28B.10.016.37
(l)(i) "Safety and safety-related labeling" means a marking 38
intended to communicate information to a consumer related to a food 39
product's safety. "Safety and safety-related labeling" includes any 40
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marking that federal or state law requires to be affixed to a food 1
product including, but not limited to, markings placed on infant 2
formula consistent with 21 C.F.R. Sec. 107.20, as that regulation 3
existed as of January 1, 2021.4
(ii) "Safety and safety-related labeling" does not include a pull 5
date required to be placed on perishable packaged food under RCW 6
15.130.300 or a "best by," "best if used by," "use by," or "sell by" 7
date or similarly phrased date intended to communicate information to 8
a consumer regarding the freshness or quality of a food product.9
(3)(a) A person or gleaner is not subject to civil or criminal 10
liability arising from the nature, age, packaging, or condition of 11
apparently wholesome food or an apparently fit grocery product that 12
the person or gleaner donates in good faith to a nonprofit 13
organization for ultimate distribution to needy individuals, except 14
that this subsection does not apply to an injury to or death of an 15
ultimate user or recipient of the food or grocery product that 16
results from an act or omission of the donor constituting gross 17
negligence or intentional misconduct.18
(b) A qualified direct donor may donate food directly to end 19
recipients for consumption. A qualified direct donor is not subject 20
to civil or criminal liability arising from the nature, age, 21
packaging, or condition of apparently wholesome food or an apparently 22
fit grocery product that the qualified direct donor donates in good 23
faith to a needy individual. The donation of nonperishable food that 24
is fit for human consumption, but that has exceeded the labeled 25
shelf-life date recommended by the manufacturer, is an activity 26
covered by the exclusion from civil or criminal liability under this 27
section.28
(c) The donation of perishable food that is fit for human 29
consumption, but that has exceeded the labeled shelf-life date 30
recommended by the manufacturer, is an activity covered by the 31
exclusion from civil or criminal liability under this section if the 32
person that distributes the food to the end recipient makes a good 33
faith evaluation that the food to be donated is wholesome.34
(4) A person who allows the collection or gleaning of donations 35
on property owned or occupied by the person by gleaners, or paid or 36
unpaid representatives of a nonprofit organization, for ultimate 37
distribution to needy individuals is not subject to civil or criminal 38
liability that arises due to the injury or death of the gleaner or 39
representative, except that this subsection does not apply to an 40
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injury or death that results from an act or omission of the person 1
constituting gross negligence or intentional misconduct.2
(5) If some or all of the donated food and grocery products do 3
not meet ((all quality and)) safety and safety-related labeling 4
standards imposed by federal, state, and local laws and regulations, 5
the person or gleaner who donates the food and grocery products is 6
not subject to civil or criminal liability in accordance with this 7
section if the nonprofit organization or other end recipient that 8
receives the donated food or grocery products:9
(a) Is informed by the donor of the distressed or defective 10
condition of the donated food or grocery products;11
(b) Agrees to recondition the donated food or grocery products to 12
comply with all the ((quality and)) safety and safety-related 13
labeling standards prior to distribution; and14
(c) Is knowledgeable of the standards to properly recondition the 15
donated food or grocery product.16
(6) This section may not be construed to create liability.17
PART 418
Washington Center for Sustainable Food Management19
NEW SECTION. Sec. 401. The definitions in this section apply 20
throughout this chapter unless the context clearly requires 21
otherwise.22
(1) "Center" means the Washington center for sustainable food 23
management.24
(2) "Department" means the department of ecology.25
(3) "Organic material" has the same definition as provided in RCW 26
70A.205.015.27
(4) "Plan" means the use food well Washington plan developed 28
under RCW 70A.205.715.29
NEW SECTION. Sec. 402. (1) The Washington center for 30
sustainable food management is established within the department, to 31
begin operations by January 1, 2024.32
(2) The purpose of the center is to help coordinate statewide 33
food waste reduction.34
(3) The center may perform the following activities:35
(a) Coordinate the implementation of the plan;36
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(b) Draft plan updates and measure progress towards actions, 1
strategies, and the statewide goals established in section 101 of 2
this act and RCW 70A.205.715(1);3
(c) Maintain a website with current food waste reduction 4
information and guidance for food service establishments, consumers, 5
food processors, hunger relief organizations, and other sources of 6
food waste;7
(d) Provide staff support to multistate food waste reduction 8
initiatives in which the state is participating;9
(e) Maintain the consistency of the plan and other food waste 10
reduction activities with the work of the Washington state 11
conservation commission's food policy forum;12
(f) Facilitate and coordinate public-private and nonprofit 13
partnerships focused on food waste reduction, including through 14
voluntary working groups;15
(g) Collaborate with federal, state, and local government 16
partners on food waste reduction initiatives;17
(h) Develop and maintain maps or lists of locations of the food 18
systems of Washington that identify food flows, where waste occurs, 19
and opportunities to prevent food waste;20
(i)(i) Collect and maintain data on food waste and wasted food in 21
a manner that is generally consistent with the methods of collecting 22
and maintaining such data used by federal agencies or in other 23
jurisdictions, or both, to the greatest extent practicable;24
(ii) Develop measurement methodologies and tools to uniformly 25
track food donation data, food waste prevention data, and associated 26
climate impacts resultant from food waste reduction efforts;27
(j) Research and develop emerging organic materials and food 28
waste reduction markets;29
(k)(i) Develop and maintain statewide food waste reduction and 30
food waste contamination reduction campaigns, in consultation with 31
other state agencies and other stakeholders, including the 32
development of waste prevention and food waste recovery promotional 33
materials for distribution. These promotional materials may include 34
online information, newsletters, bulletins, or handouts that inform 35
food service establishment operators about the protections from civil 36
and criminal liability under federal law and under RCW 69.80.031 when 37
donating food; and38
(ii) Develop guidance to support the distribution of promotional 39
materials, including distribution by:40
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(A) Local health officers, at no cost to regulated food service 1
establishments, including as part of normal, routine inspections of 2
food service establishments; and3
(B) State agencies, including the department of health and the 4
department of agriculture, in conjunction with their statutory roles 5
and responsibilities in regulating, monitoring, and supporting safe 6
food supply chains and systems;7
(l) Distribute and monitor grants dedicated to food waste 8
prevention, rescue, and recovery; and9
(m) Research and provide education, outreach, and technical 10
assistance to local governments in support of the adoption of solid 11
waste ordinances or policies that establish a financial disincentive 12
for the generation of organic waste and for the ultimate disposal of 13
organic materials in landfills.14
(4) The department may enter into an interagency agreement with 15
the department of health, the department of agriculture, or other 16
state agencies as necessary to fulfill the responsibilities of the 17
center.18
(5) The department may adopt any rules necessary to implement 19
this chapter including, but not limited to, measures for the center's 20
performance.21
NEW SECTION. Sec. 403. A new section is added to chapter 22
70A.205 RCW to read as follows:23
(1) In order to obtain data as necessary to support the goals of 24
the Washington center for sustainable food management created in 25
section 402 of this act and to achieve the goals of RCW 26
70A.205.715(1), the department may establish a voluntary reporting 27
protocol for the receipt of reports by businesses that donate food 28
under RCW 69.80.031 and recipients of the donated food, and may 29
encourage the use of this voluntary reporting protocol by the 30
businesses and recipients. The department may also request that a 31
donating business or recipient of donated food provide information to 32
the department regarding the volumes, types, and timing of food 33
managed by the donating facility or business, and food waste and 34
wasted food generated by the donating facility or business. To the 35
extent practicable, the department must seek to obtain information 36
under this section in a manner compatible with any information 37
reported to the department of agriculture under RCW 43.23.290, and in 38
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a manner that minimizes the reporting and information-provision 1
burdens of donating businesses and recipients.2
(2) For the purposes of this subsection, "food waste" and "wasted 3
food" have the same meaning as defined in RCW 70A.205.715.4
Sec. 404. RCW 69.80.040 and 1983 c 241 s 4 are each amended to 5
read as follows:6
The department of agriculture shall maintain an information and 7
referral service for persons and organizations that have notified the 8
department of their desire to participate in the food donation 9
program under this chapter. The department must coordinate with the 10
department of ecology to ensure that the information and referral 11
service required under this section is implemented in a manner 12
consistent with the activities of sections 402 and 403 of this act.13
NEW SECTION. Sec. 405. (1) By January 1, 2025, and in 14
consultation with the office of the attorney general, the department 15
must research and adopt several model ordinances for optional use by 16
counties and cities that provide for model mechanisms for commercial 17
solid waste collection and disposal that are designed, in part, to 18
establish a financial disincentive or other disincentives for the 19
generation of organic waste and for the ultimate disposal of organic 20
materials in landfills. The model ordinances must be designed to 21
provide options that might be preferred by jurisdictions of different 22
sizes and consider other key criteria applicable to local solid waste 23
management circumstances.24
(2)(a) The department must review the model ordinances created in 25
this section under the provisions of chapter 43.21C RCW.26
(b) A county or city that adopts a model ordinance created by the 27
department under this section and that has been reviewed by the 28
department under the provisions of chapter 43.21C RCW is not required 29
to review the ordinance under the provisions of chapter 43.21C RCW.30
(3) No city, town, or county is required to adopt the model 31
ordinances created in this section.32
NEW SECTION. Sec. 406. A new section is added to chapter 43.21C 33
RCW to read as follows:34
Amendments to regulations and other nonproject actions taken by a 35
city or county to adopt or implement the model ordinance created by 36
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the department under section 405 of this act is not subject to the 1
requirements of this chapter.2
PART 53
Funding and Incentives for Methane Emissions Reduction Activities 4
Associated with Organic Materials Management5
Sec. 501. RCW 89.08.615 and 2020 c 351 s 3 are each amended to 6
read as follows:7
(1) The commission shall develop a sustainable farms and fields 8
grant program in consultation with the department of agriculture, 9
Washington State University, and the United States department of 10
agriculture natural resources conservation service.11
(2) As funding allows, the commission shall distribute funds, as 12
appropriate, to conservation districts and other public entities to 13
help implement the projects approved by the commission.14
(3) No more than ((fifteen)) 15 percent of the funds may be used 15
by the commission to develop, or to consult or contract with private 16
or public entities, such as universities or conservation districts, 17
to develop:18
(a) An educational public awareness campaign and outreach about 19
the sustainable farm and field program; or20
(b) The grant program, including the production of analytical 21
tools, measurement estimation and verification methods, cost-benefit 22
measurements, and public reporting methods.23
(4) No more than five percent of the funds may be used by the 24
commission to cover the administrative costs of the program.25
(5) No more than ((twenty)) 20 percent of the funds may be 26
awarded to any single grant applicant.27
(6) Allowable uses of grant funds include:28
(a) Annual payments to enrolled participants for successfully 29
delivered carbon storage or reduction;30
(b) Up-front payments for contracted carbon storage;31
(c) Down payments on equipment;32
(d) Purchases of equipment;33
(e) Purchase of seed, seedlings, spores, animal feed, and 34
amendments;35
(f) Services to landowners, such as the development of site-36
specific conservation plans to increase soil organic levels or to 37
increase usage of precision agricultural practices, or design and 38
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implementation of best management practices to reduce livestock 1
emissions; ((and))2
(g) The purchase of compost spreading equipment, or financial 3
assistance to farmers to purchase compost spreading equipment, for 4
the annual use for at least three years of volumes of compost 5
determined by the commission to be significant from materials 6
composted at a site that is not owned or operated by the farmer;7
(h) Scientific studies to evaluate and quantify the greenhouse 8
gas emissions avoided as a result of using crop residues as a biofuel 9
feedstock or to identify management practices that increase the 10
greenhouse gas emissions avoided as a result of using crop residues 11
as a biofuel feedstock;12
(i) Efforts to support the farm use of anaerobic digester 13
digestate, including scientific studies, education and outreach to 14
farmers, and the purchase or lease of digestate spreading equipment; 15
and16
(j) Other equipment purchases or financial assistance deemed 17
appropriate by the commission to fulfill the intent of RCW 89.08.610 18
through 89.08.635.19
(7) Grant applications are eligible for costs associated with 20
technical assistance.21
(8) Conservation districts and other public entities may apply 22
for a single grant from the commission that serves multiple farmers.23
(9) Grant applicants may apply to share equipment purchased with 24
grant funds. Applicants for equipment purchase grants issued under 25
this grant program may be farm, ranch, or aquaculture operations 26
coordinating as individual businesses or as formal cooperative 27
ventures serving farm, ranch, or aquaculture operations. Conservation 28
districts, separately or jointly, may also apply for grant funds to 29
operate an equipment sharing program.30
(10) No contract for carbon storage or changes to management 31
practices may exceed ((twenty-five)) 25 years. Grant contracts that 32
include up-front payments for future benefits must be conditioned to 33
include penalties for default due to negligence on the part of the 34
recipient.35
(11) The commission shall attempt to achieve a geographically 36
fair distribution of funds across a broad group of crop types, soil 37
management practices, and farm sizes.38
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(12) Any applications involving state lands leased from the 1
department of natural resources must include the department's 2
approval.3
NEW SECTION. Sec. 502. A new section is added to chapter 15.04 4
RCW to read as follows:5
(1)(a) Subject to the availability of amounts appropriated for 6
this specific purpose, the department must establish and implement a 7
compost reimbursement program to reimburse farming operations in the 8
state for purchasing and using compost products that were not 9
generated by the farming operation, including transportation, 10
spreading equipment, labor, fuel, and maintenance costs associated 11
with spreading equipment. The grant reimbursements under the program 12
begin July 1, 2023.13
(b) For the purposes of this program, "farming operation" means: 14
A commercial agricultural, silvicultural, or aquacultural facility or 15
pursuit, including the care and production of livestock and livestock 16
products, poultry and poultry products, apiary products, and plant 17
and animal production for nonfood uses; the planting, cultivating, 18
harvesting, and processing of crops; and the farming or ranching of 19
any plant or animal species in a controlled salt, brackish, or 20
freshwater environment.21
(2) To be eligible to participate in the reimbursement program, a 22
farming operation must complete an eligibility review with the 23
department prior to transporting or applying any compost products for 24
which reimbursement is sought under this section. The purpose of the 25
review is for the department to ensure that the proposed transport 26
and application of compost products is consistent with the 27
department's agricultural pest control rules established under 28
chapter 17.24 RCW. A farming operation must also verify that it will 29
allow soil sampling to be conducted by the department upon request 30
before compost application and until at least 10 years after the last 31
grant funding is used by the farming operation, as necessary to 32
establish a baseline of soil quality and carbon storage and for 33
subsequent department evaluations to assist the department's 34
reporting requirements under subsection (8) of this section.35
(3) The department must create a form for eligible farming 36
operations to apply for cost reimbursement for costs from purchasing 37
and using compost from facilities with solid waste handling permits, 38
including transportation, equipment, spreading, and labor costs. All 39
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applications for cost reimbursement must be submitted on the form 1
along with invoices, receipts, or other documentation acceptable to 2
the department of the costs of purchasing and using compost products 3
for which the applicant is requesting reimbursement, as well as a 4
brief description of what each purchased item will be used for. The 5
department may request that an applicant provide information to 6
verify the source, size, sale weight, or amount of compost products 7
purchased and the cost of transportation, equipment, spreading, and 8
labor. The applicant must also declare that it is not seeking 9
reimbursement for purchase or labor costs for:10
(a) Its own compost products; or11
(b) Compost products that it has transferred, or intends to 12
transfer, to another individual or entity, whether or not for 13
compensation.14
(4) A farming operation may submit only one application per 15
fiscal year in which the program is in effect for purchases made and 16
usage costs incurred during the fiscal year that begins on July 1st 17
and ends on June 30th. Applications for reimbursement must be filed 18
before the end of the fiscal year in which purchases were made and 19
usage costs incurred.20
(5) The department must distribute reimbursement funds, subject 21
to the following limitations:22
(a) A farming operation is not eligible to receive reimbursement 23
if the farming operation's application was not found eligible for 24
reimbursement by the department under subsection (2) of this section 25
prior to the transport or use of compost;26
(b) A farming operation is not eligible to receive reimbursement 27
for more than 50 percent of the costs it incurs each fiscal year for 28
the purchase and use of compost products, including transportation, 29
equipment, spreading, and labor costs;30
(c) A farming operation is not eligible to receive more than 31
$10,000 per fiscal year;32
(d) A farming operation is not eligible to receive reimbursement 33
for its own compost products or compost products that it has 34
transferred, or intends to transfer, to another individual or entity, 35
whether or not for compensation; and36
(e) A farming operation is not eligible to receive reimbursement 37
for compost products that were not purchased from a facility with a 38
solid waste handling permit.39
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(6) The applicant shall indemnify and hold harmless the state and 1
its officers, agents, and employees from all claims arising out of or 2
resulting from the compost products purchased that are subject to the 3
compost reimbursement program under this section.4
(7) There is established within the department a compost 5
reimbursement program manager position. The compost reimbursement 6
program manager must possess knowledge and expertise in the area of 7
program management necessary to carry out the duties of the position, 8
which are to:9
(a) Facilitate the division and distribution of available costs 10
for reimbursement; and11
(b) Manage the day-to-day coordination of the compost 12
reimbursement program.13
(8) In compliance with RCW 43.01.036, the department must submit 14
an annual report to the appropriate committees of the legislature by 15
January 15th of each year of the program in which grants have been 16
issued or completed. The report must include:17
(a) The amount of compost for which reimbursement was sought 18
under the program;19
(b) The qualitative or quantitative effects of the program on 20
soil quality and carbon storage; and21
(c) A periodically updated evaluation of the benefits and costs 22
to the state of expanding or furthering the strategies promoted in 23
the program.24
Sec. 503. RCW 43.155.020 and 2017 3rd sp.s. c 10 s 2 are each 25
amended to read as follows:26
The definitions in this section apply throughout this chapter 27
unless the context clearly requires otherwise.28
(1) "Board" means the public works board created in RCW 29
43.155.030.30
(2) "Capital facility plan" means a capital facility plan 31
required by the growth management act under chapter 36.70A RCW or, 32
for local governments not fully planning under the growth management 33
act, a plan required by the public works board.34
(3) "Department" means the department of commerce.35
(4) "Financing guarantees" means the pledge of money in the 36
public works assistance account, or money to be received by the 37
public works assistance account, to the repayment of all or a portion 38
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of the principal of or interest on obligations issued by local 1
governments to finance public works projects.2
(5) "Local governments" means cities, towns, counties, special 3
purpose districts, and any other municipal corporations or quasi-4
municipal corporations in the state excluding school districts and 5
port districts.6
(6) "Public works project" means a project of a local government 7
for the planning, acquisition, construction, repair, reconstruction, 8
replacement, rehabilitation, or improvement of streets and roads, 9
bridges, water systems, or storm and sanitary sewage systems, lead 10
remediation of drinking water systems, and solid waste facilities, 11
including recycling facilities and composting and other organic 12
materials management facilities. A planning project may include the 13
compilation of biological, hydrological, or other data on a county, 14
drainage basin, or region necessary to develop a base of information 15
for a capital facility plan.16
(7) "Solid waste or recycling project" means remedial actions 17
necessary to bring abandoned or closed landfills into compliance with 18
regulatory requirements and the repair, restoration, and replacement 19
of existing solid waste transfer, recycling facilities, and landfill 20
projects limited to the opening of landfill cells that are in 21
existing and permitted landfills.22
(8) "Technical assistance" means training and other services 23
provided to local governments to: (a) Help such local governments 24
plan, apply, and qualify for loans, grants, and financing guarantees 25
from the board, and (b) help local governments improve their ability 26
to plan for, finance, acquire, construct, repair, replace, 27
rehabilitate, and maintain public facilities.28
(9) "Value planning" means a uniform approach to assist in 29
decision making through systematic evaluation of potential 30
alternatives to solving an identified problem.31
PART 632
Organic Materials Management Facility Siting33
Sec. 601. RCW 36.70.330 and 1985 c 126 s 3 are each amended to 34
read as follows:35
The comprehensive plan shall consist of a map or maps, and 36
descriptive text covering objectives, principles and standards used 37
to develop it, and shall include each of the following elements:38
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(1) A land use element which designates the proposed general 1
distribution and general location and extent of the uses of land for 2
agriculture, housing, commerce, industry, recreation, education, 3
public buildings and lands, and other categories of public and 4
private use of land, including a statement of the standards of 5
population density and building intensity recommended for the various 6
areas in the jurisdiction and estimates of future population growth 7
in the area covered by the comprehensive plan, all correlated with 8
the land use element of the comprehensive plan. The land use element 9
shall also provide for protection of the quality and quantity of 10
groundwater used for public water supplies and shall review drainage, 11
flooding, and stormwater runoff in the area and nearby jurisdictions 12
and provide guidance for corrective actions to mitigate or cleanse 13
those discharges that pollute Puget Sound or waters entering Puget 14
Sound. Development regulations to implement comprehensive plans under 15
this chapter that are newly developed, updated, or amended after 16
January 1, 2025, must allow for the siting of organic materials 17
management facilities in the areas identified in RCW 18
70A.205.040(3)(a)(i) to the extent necessary to provide for the 19
establishment of the organic materials management volumetric capacity 20
identified under RCW 70A.205.040(3)(a)(ii);21
(2) A circulation element consisting of the general location, 22
alignment and extent of major thoroughfares, major transportation 23
routes, trunk utility lines, and major terminal facilities, all of 24
which shall be correlated with the land use element of the 25
comprehensive plan;26
(3) Any supporting maps, diagrams, charts, descriptive material 27
and reports necessary to explain and supplement the above elements.28
NEW SECTION. Sec. 602. A new section is added to chapter 36.70A 29
RCW to read as follows:30
Development regulations to implement comprehensive plans under 31
this chapter that are newly developed, updated, or amended after 32
January 1, 2025, must allow for the siting of organic materials 33
management facilities in the areas identified in RCW 34
70A.205.040(3)(a)(i) to the extent necessary to provide for the 35
establishment of the organic materials management volumetric capacity 36
identified under RCW 70A.205.040(3)(a)(ii).37
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NEW SECTION. Sec. 603. A new section is added to chapter 35.63 1
RCW to read as follows:2
For cities not planning under RCW 36.70A.040, development 3
regulations to implement comprehensive plans under RCW 35.63.100 that 4
are newly developed, updated, or amended after January 1, 2025, must 5
allow for the siting of organic materials management facilities in 6
the areas identified by the county in which the city is located under 7
RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the 8
establishment of the organic materials management volumetric capacity 9
identified under RCW 70A.205.040(3)(a)(ii).10
NEW SECTION. Sec. 604. A new section is added to chapter 35A.63 11
RCW to read as follows:12
For cities not planning under RCW 36.70A.040, development 13
regulations to implement comprehensive plans required under RCW 14
35A.63.060 that are newly developed, updated, or amended after 15
January 1, 2025, must allow for the siting of organic materials 16
management facilities in the areas identified by the county in which 17
the city is located under RCW 70A.205.040(3)(a)(i) to the extent 18
necessary to provide for the establishment of the organic materials 19
management volumetric capacity identified under RCW 20
70A.205.040(3)(a)(ii).21
PART 722
Organic Materials Procurement23
NEW SECTION. Sec. 701. A new section is added to chapter 43.19A 24
RCW to read as follows:25
(1) By January 1, 2023, the following cities or counties shall 26
adopt a compost procurement ordinance to implement RCW 43.19A.120:27
(a) Each city or county with a population greater than 25,000 28
residents as measured by the office of financial management using the 29
most recent population data available; and30
(b) Each city or county in which organic material collection 31
services are provided under chapter 70A.205 RCW.32
(2) A city or county that newly exceeds a population of 25,000 33
residents after January 1, 2023, as measured by the office of 34
financial management, must adopt an ordinance under this subsection 35
no later than 12 months after the office of financial management's 36
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determination that the local government's population has exceeded 1
25,000.2
(3) In developing a compost procurement ordinance, each city and 3
county shall plan for the use of compost in the following categories:4
(a) Landscaping projects;5
(b) Construction and postconstruction soil amendments;6
(c) Applications to prevent erosion, filter stormwater runoff, 7
promote vegetation growth, or improve the stability and longevity of 8
roadways; and9
(d) Low-impact development and green infrastructure to filter 10
pollutants or keep water on-site, or both.11
(4) Each city or county that adopts an ordinance under subsection 12
(1) or (2) of this section must develop strategies to inform 13
residents about the value of compost and how the jurisdiction uses 14
compost in its operations in the jurisdiction's comprehensive solid 15
waste management plan pursuant to RCW 70A.205.045.16
(5) By December 31, 2024, and each December 31st of even-numbered 17
years thereafter, each city or county that adopts an ordinance under 18
subsection (1) or (2) of this section must submit a report covering 19
the previous year's compost procurement activities to the department 20
of ecology that contains the following information:21
(a) The total tons of organic material diverted throughout the 22
year;23
(b) The volume and cost of compost purchased throughout the year; 24
and25
(c) The source or sources of the compost.26
(6) Cities and counties that are required to adopt an ordinance 27
under subsection (1) or (2) of this section shall give priority to 28
purchasing compost products from companies that produce compost 29
products locally, are certified by a nationally recognized 30
organization, and produce compost products that are derived from 31
municipal solid waste compost programs and meet quality standards 32
comparable to standards adopted by the department of transportation 33
or adopted by rule by the department of ecology.34
(7) Cities and counties may enter into collective purchasing 35
agreements if doing so is more cost-effective or efficient.36
(8) Nothing in this section requires a compost processor to:37
(a) Enter into a purchasing agreement with a city or county;38
(b) Sell finished compost to meet this requirement; or39
(c) Accept or process food waste or compostable products.40
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Sec. 702. RCW 39.30.040 and 2013 c 24 s 1 are each amended to 1
read as follows:2
(1) Whenever a unit of local government is required to make 3
purchases from the lowest bidder or from the supplier offering the 4
lowest price for the items desired to be purchased, the unit of local 5
government may, at its option when awarding a purchase contract, take 6
into consideration tax revenue it would receive from purchasing the 7
supplies, materials, or equipment from a supplier located within its 8
boundaries. The unit of local government must award the purchase 9
contract to the lowest bidder after such tax revenue has been 10
considered. However, any local government may allow for preferential 11
purchase of products made from recycled materials or products that 12
may be recycled or reused. Any local government may allow for 13
preferential purchase of compost to meet the requirements of RCW 14
43.19A.120. Any unit of local government which considers tax revenue 15
it would receive from the imposition of taxes upon a supplier located 16
within its boundaries must also consider tax revenue it would receive 17
from taxes it imposes upon a supplier located outside its boundaries.18
(2) A unit of local government may award a contract to a bidder 19
submitting the lowest bid before taxes are applied. The unit of local 20
government must provide notice of its intent to award a contract 21
based on this method prior to bids being submitted. For the purposes 22
of this subsection (2), "taxes" means only those taxes that are 23
included in "tax revenue" as defined in this section.24
(3) The definitions in this subsection apply throughout this 25
section unless the context clearly requires otherwise.26
(a) "Tax revenue" means sales taxes that units of local 27
government impose upon the sale of supplies, materials, or equipment 28
from the supplier to units of local government, and business and 29
occupation taxes that units of local government impose upon the 30
supplier that are measured by the gross receipts of the supplier from 31
the sale.32
(b) "Unit of local government" means any county, city, town, 33
metropolitan municipal corporation, public transit benefit area, 34
county transportation authority, or other municipal or quasi-35
municipal corporation authorized to impose sales and use taxes or 36
business and occupation taxes.37
NEW SECTION. Sec. 703. A new section is added to chapter 43.19A 38
RCW to read as follows:39
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A contract by a local government or state agency must require the 1
use of compost products to the maximum extent economically feasible 2
to meet the requirements established in RCW 43.19A.120.3
PART 84
Product Degradability Labeling5
Sec. 801. RCW 70A.455.010 and 2019 c 265 s 1 are each amended to 6
read as follows:7
(1) The legislature finds and declares that it is the public 8
policy of the state that:9
(a) Environmental marketing claims for plastic products, whether 10
implicit or implied, should adhere to uniform and recognized 11
standards for "compostability" and "biodegradability," since 12
misleading, confusing, and deceptive labeling can negatively impact 13
local composting programs and compost processors. Plastic products 14
marketed as being "compostable" should be readily and easily 15
identifiable as meeting these standards;16
(b) Legitimate and responsible packaging and plastic product 17
manufacturers are already properly labeling their compostable 18
products, but many manufacturers are not. Not all compost facilities 19
and their associated processing technologies accept or are required 20
to accept compostable packaging as feedstocks. However, implementing 21
a standardized system and test methods may create the ability for 22
them to take these products in the future.23
(2) Therefore, it is the intent of the legislature to authorize 24
the ((state's attorney general and local governments)) department of 25
ecology, cities, and counties to pursue false or misleading 26
environmental claims and "greenwashing" for plastic products claiming 27
to be "compostable" or "biodegradable" when in fact they are not.28
Sec. 802. RCW 70A.455.020 and 2019 c 265 s 2 are each amended to 29
read as follows:30
The definitions in this section apply throughout this chapter 31
unless the context clearly requires otherwise.32
(1) "ASTM" means the American society for testing and materials.33
(2) "Biodegradable mulch film" means film plastic used as a 34
technical tool in commercial farming applications that biodegrades in 35
soil after being used, and:36
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(a) The film product fulfills plant growth and regulated metals 1
requirements of ASTM D6400; and2
(b)(i) Meets the requirements of Vincotte's "OK Biodegradable 3
Soil" certification scheme, as that certification existed as of 4
January 1, 2019;5
(ii) At ambient temperatures and in soil, shows at least 6
((ninety)) 90 percent biodegradation absolute or relative to 7
microcrystalline cellulose in less than two years' time, tested 8
according to ISO 17556 or ASTM 5988 standard test methods, as those 9
test methods existed as of January 1, 2019; or10
(iii) Meets the requirements of EN 17033 "plastics-biodegradable 11
mulch films for use in agriculture and horticulture" as it existed on 12
January 1, 2019.13
(3) "Federal trade commission guides" means the United States 14
federal trade commission's guides for the use of environmental 15
marketing claims (Part 260, commencing at section 260.1), 16
compostability claims, including section 260.8, and degradation 17
claims (subchapter B of chapter I of Title 16 of the Code of Federal 18
Regulations), as those guides existed as of January 1, 2019.19
(4) "Film product" means a bag, sack, wrap, or other sheet film 20
product.21
(5) "Food service product" ((means a product including, but not 22
limited to, containers, plates, bowls, cups, lids, meat trays, 23
straws, deli rounds, cocktail picks, splash sticks, condiment 24
packaging, clam shells and other hinged or lidded containers, 25
sandwich wrap, utensils, sachets, portion cups, and other food 26
service products that are intended for one-time use and used for food 27
or drink offered for sale or use)) has the same meaning as defined in 28
RCW 70A.245.010.29
(6) (("Manufacturer" means a person, firm, association, 30
partnership, or corporation that produces a product.31
(7))) "Person" means individual, firm, association, 32
copartnership, political subdivision, government agency, 33
municipality, industry, public or private corporation, or any other 34
entity whatsoever.35
(((8))) (7) "Plastic food packaging and food service products" 36
means food packaging and food service products that is composed of:37
(a) Plastic; or38
(b) Fiber or paper with a plastic coating, window, component, or 39
additive.40
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(((9))) (8) "Plastic product" means a product made of plastic, 1
whether alone or in combination with another material including, but 2
not limited to, paperboard. A plastic product includes, but is not 3
limited to, any of the following:4
(a) A product or part of a product that is used, bought, or 5
leased for use by a person for any purpose;6
(b) A package or a packaging component including, but not limited 7
to, packaging peanuts;8
(c) A film product; or9
(d) Plastic food packaging and food service products.10
(((10))) (9) "Standard specification" means either:11
(a) ASTM D6400 – standard specification labeling of plastics 12
designed to be aerobically composted in municipal or industrial 13
facilities, as it existed as of January 1, 2019; or14
(b) ASTM D6868 – standard specification for labeling of end items 15
that incorporate plastics and polymers as coatings or additives with 16
paper and other substrates designed to be aerobically composted in 17
municipal or industrial facilities, as it existed as of January 1, 18
2019.19
(((11)(a) "Supplier" means a person, firm, association, 20
partnership, company, or corporation that sells, offers for sale, 21
offers for promotional purposes, or takes title to a product.22
(b) "Supplier" does not include a person, firm, association, 23
partnership, company, or corporation that sells products to end users 24
as a retailer.25
(12))) (10) "Utensil" means a product designed to be used by a 26
consumer to facilitate the consumption of food or beverages, 27
including knives, forks, spoons, cocktail picks, chopsticks, splash 28
sticks, and stirrers.29
(11) "Department" means the department of ecology.30
(12) "Producer" means the following person responsible for 31
compliance under this chapter for a product sold, offered for sale, 32
or distributed in or into this state:33
(a) If the product is sold under the manufacturer's own brand or 34
lacks identification of a brand, the producer is the person who 35
manufactures the product;36
(b) If the product is manufactured by a person other than the 37
brand owner, the producer is the person that is the licensee of a 38
brand or trademark under which a product is used in a commercial 39
enterprise, sold, offered for sale, or distributed in or into this 40
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state, whether or not the trademark is registered in this state, 1
unless the manufacturer or brand owner of the product has agreed to 2
accept responsibility under this chapter; or3
(c) If there is no person described in (a) and (b) of this 4
subsection over whom the state can constitutionally exercise 5
jurisdiction, the producer is the person who imports or distributes 6
the product in or into the state.7
Sec. 803. RCW 70A.455.040 and 2019 c 265 s 4 are each amended to 8
read as follows:9
(1)(((a))) A product labeled as "compostable" that is sold, 10
offered for sale, or distributed for use in Washington by a 11
((supplier or manufacturer)) producer must:12
(((i))) (a) Meet ASTM standard specification D6400;13
(((ii))) (b) Meet ASTM standard specification D6868; or14
(((iii))) (c) Be comprised of wood, which includes renewable 15
wood, or fiber-based substrate only;16
(((b))) (2) A product described in (((a)(i) or (ii) of this)) 17
subsection (1)(a) or (b) of this section must:18
(((i))) (a) Meet labeling requirements established under the 19
United States federal trade commission's guides; and20
(((ii))) (b) Feature labeling that:21
(((A))) (i) Meets industry standards for being distinguishable 22
upon quick inspection in both public sorting areas and in processing 23
facilities;24
(((B))) (ii) Uses a logo indicating the product has been 25
certified by a recognized third-party independent verification body 26
as meeting the ASTM standard specification; ((and27
(C))) (iii) Displays the word "compostable," where possible, 28
indicating the product has been tested by a recognized third-party 29
independent body and meets the ASTM standard specification; and30
(iv) Uses green, beige, or brown labeling, color striping, or 31
other green, beige, or brown symbols, colors, tinting, marks, or 32
design patterns that help differentiate compostable items from 33
noncompostable items.34
(((2) A compostable product described in subsection (1)(a)(i) or 35
(ii) of this section must be considered compliant with the 36
requirements of this section if it:37
(a) Has green or brown labeling;38
(b) Is labeled as compostable; and39
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(c) Uses distinctive color schemes, green or brown color 1
striping, or other adopted symbols, colors, marks, or design patterns 2
that help differentiate compostable items from noncompostable 3
materials.))4
Sec. 804. RCW 70A.455.050 and 2019 c 265 s 5 are each amended to 5
read as follows:6
(1) A ((manufacturer or supplier)) producer of a film bag that 7
meets ASTM standard specification D6400 and is distributed or sold by 8
retailers must ensure that the film bag is readily and easily 9
identifiable from other film bags in a manner that is consistent with 10
the federal trade commission guides.11
(2) For purposes of this section, "readily and easily 12
identifiable" products must meet the following requirements:13
(a) Be labeled with a certification logo indicating the bag meets 14
the ASTM D6400 standard specification if the bag has been certified 15
as meeting that standard by a recognized third-party independent 16
verification body;17
(b) Be labeled in accordance with one of the following:18
(i) The bag is tinted or made of a uniform color of green, beige, 19
or brown and labeled with the word "compostable" on one side of the 20
bag and the label must be at least one inch in height; or21
(ii) Be labeled with the word "compostable" on both sides of the 22
bag and the label must be one of the following:23
(A) Green, beige, or brown color lettering at least one inch in 24
height; or25
(B) Within a contrasting green, beige, or brown color band of at 26
least one inch in height on both sides of the bag with color 27
contrasting lettering of at least one-half inch in height; and28
(c) Meet industry standards for being distinguishable upon quick 29
inspection in both public sorting areas and in processing facilities.30
(3) If a bag is smaller than ((fourteen)) 14 inches by 31
((fourteen)) 14 inches, the lettering and stripe required under 32
subsection (2)(b)(ii) of this section must be in proportion to the 33
size of the bag.34
(4) A film bag that meets ASTM standard specification D6400 that 35
is sold or distributed in this state may not display a chasing arrow 36
resin identification code or recycling type of symbol in any form.37
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(5) A ((manufacturer or supplier)) producer is required to comply 1
with this section only to the extent that the labeling requirements 2
do not conflict with the federal trade commission guides.3
Sec. 805. RCW 70A.455.060 and 2020 c 20 s 1446 are each amended 4
to read as follows:5
(1)(a) A ((manufacturer or supplier)) producer of plastic food 6
service products or film products that meet ASTM standard 7
specification D6400 or ASTM standard specification D6868 must ensure 8
that the items are readily and easily identifiable from other plastic 9
food service products or plastic film products in a manner that is 10
consistent with the federal trade commission guides.11
(b) Film bags are exempt from the requirements of this section, 12
and are instead subject to the requirements of RCW 70A.455.050.13
(2) For the purposes of this section, "readily and easily 14
identifiable" products must:15
(a) Be labeled with a logo indicating the product has been 16
certified by a recognized third-party independent verification body 17
as meeting the ASTM standard specification;18
(b) Be labeled with the word "compostable," where possible, 19
indicating the food packaging or film product has been tested by a 20
recognized third-party independent body and meets the ASTM standard 21
specification; ((and))22
(c) Meet industry standards for being distinguishable upon quick 23
inspection in both public sorting areas and in processing facilities;24
(d) If the product is a plastic food service product or food 25
contact film product, be at least partially colored or partially 26
tinted green, beige, or brown, or have a green, beige, or brown 27
stripe or band at least .25 inches wide; and28
(e) If the product is a nonfood contact film product, be at least 29
partially colored or partially tinted green or have a green stripe or 30
band at least .25 inches wide and display the word "compostable".31
(3) ((A compostable product described in subsection (1) of this 32
section must be considered compliant with the requirements of this 33
section if it:34
(a) Has green or brown labeling;35
(b) Is labeled as compostable; and36
(c) Uses distinctive color schemes, green or brown color 37
striping, or other adopted symbols, colors, marks, or design patterns 38
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that help differentiate compostable items from noncompostable 1
materials.2
(4))) It is encouraged that each product described in subsection 3
(1) of this section((:4
(a) Display)) display labeling language via printing, embossing, 5
or compostable adhesive stickers using, when possible, either the 6
colors green, beige, or brown that contrast with background product 7
color for easy identification((; or8
(b) Be tinted green or brown)).9
(((5))) (4) Graphic elements are encouraged to increase 10
legibility of the word "compostable" and overall product distinction 11
that may include text boxes, stripes, bands, or a green, beige, or 12
brown tint of the product.13
(((6))) (5) A ((manufacturer or supplier)) producer is required 14
to comply with this section only to the extent that the labeling 15
requirements do not conflict with the federal trade commission 16
guides.17
Sec. 806. RCW 70A.455.070 and 2020 c 20 s 1447 are each amended 18
to read as follows:19
(1) A ((manufacturer or supplier of film products or food service 20
products)) producer of plastic film bags sold, offered for sale, or 21
distributed for use in Washington that does not meet the applicable 22
ASTM standard specifications provided in RCW 70A.455.050 ((and 23
70A.455.060)) is:24
(((1))) (a) Prohibited from using tinting, color schemes, 25
labeling, ((and)) or terms that are required of products that meet 26
the applicable ASTM standard specifications under RCW 70A.455.050 27
((and 70A.455.060));28
(((2))) (b) Discouraged from using ((coloration,)) labeling, 29
images, and terms that may reasonably be anticipated to confuse 30
consumers into believing that noncompostable ((bags and food service 31
packaging)) products are compostable; and32
(((3))) (c) Encouraged to use ((coloration,)) labeling, images, 33
and terms to help consumers identify noncompostable bags ((and food 34
service packaging)) as either: (((a))) (i) Suitable for recycling; or 35
(((b))) (ii) necessary to dispose as waste.36
(2) A producer of food service products, or plastic film products 37
other than plastic film bags subject to subsection (1) of this 38
section, sold, offered for sale, or distributed for use in Washington 39
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that does not meet the applicable ASTM standard specifications 1
provided in RCW 70A.455.060 is:2
(a) Prohibited from using labeling, or terms that are required of 3
products that meet the applicable ASTM standard specifications under 4
RCW 70A.455.060;5
(b) Discouraged from using labeling, images, and terms that may 6
reasonably be anticipated to confuse consumers into believing that 7
noncompostable products are compostable; and8
(c) Encouraged to use tinting, coloration, labeling, images, and 9
terms to help consumers identify film products and food service 10
packaging as either: (i) Suitable for recycling; or (ii) necessary to 11
dispose as waste.12
Sec. 807. RCW 70A.455.080 and 2019 c 265 s 8 are each amended to 13
read as follows:14
(1) Upon the request by a person, including the department, a 15
((manufacturer or supplier)) producer shall submit to that person or 16
the department, within ((ninety)) 90 days of the request, 17
nonconfidential business information and documentation demonstrating 18
compliance with this chapter, in a format that is easy to understand 19
and scientifically accurate.20
(2) Upon request by a commercial compost processing facility, 21
((manufacturers)) producers of compostable products are encouraged to 22
provide the facility with information regarding the technical aspects 23
of a commercial composting environment, such as heat or moisture, in 24
which the ((manufacturer's)) producer's product has been field tested 25
and found to degrade.26
Sec. 808. RCW 70A.455.090 and 2020 c 20 s 1448 are each amended 27
to read as follows:28
(1)(a) The ((state, acting through the attorney general,)) 29
department and cities and counties have concurrent authority to 30
enforce this chapter and to issue and collect civil penalties for a 31
violation of this chapter, subject to the conditions in this section 32
and RCW 70A.455.100. An enforcing government entity may impose a 33
civil penalty in the amount of up to ((two thousand dollars)) $2,000 34
for the first violation of this chapter, up to ((five thousand 35
dollars)) $5,000 for the second violation of this chapter, and up to 36
((ten thousand dollars)) $10,000 for the third and any subsequent 37
violation of this chapter. If a ((manufacturer or supplier)) producer 38
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has paid a prior penalty for the same violation to a different 1
government entity with enforcement authority under this subsection, 2
the penalty imposed by a government entity is reduced by the amount 3
of the payment.4
(b) The enforcement of this chapter must be based primarily on 5
complaints filed with the department and cities and counties. The 6
department must establish a forum for the filing of complaints. 7
Cities, counties, or any person may file complaints with the 8
department using the forum, and cities and counties may review 9
complaints filed with the department via the forum. The forum 10
established by the department may include a complaint form on the 11
department's website, a telephone hotline, or a public outreach 12
strategy relying upon electronic social media to receive complaints 13
that allege violations. The department, in collaboration with the 14
cities and counties, must provide education and outreach activities 15
to inform retail establishments, consumers, and producers about the 16
requirements of this chapter.17
(2) ((Any civil penalties collected pursuant to this section must 18
be paid to the office of the city attorney, city prosecutor, district 19
attorney, or attorney general, whichever office brought the action. 20
Penalties collected by the attorney general on behalf of the state 21
must be deposited in the compostable products revolving account 22
created in RCW 70A.455.110)) Penalties issued by the department are 23
appealable to the pollution control hearings board established in 24
chapter 43.21B RCW.25
(3) The remedies provided by this section are not exclusive and 26
are in addition to the remedies that may be available pursuant to 27
chapter 19.86 RCW or other consumer protection laws, if applicable.28
(4) In addition to penalties recovered under this section, the 29
enforcing ((government entity)) city or county may recover reasonable 30
enforcement costs and attorneys' fees from the liable ((manufacturer 31
or supplier)) producer.32
Sec. 809. RCW 70A.455.100 and 2020 c 20 s 1449 are each amended 33
to read as follows:34
((Manufacturers and suppliers)) (1) Producers who violate the 35
requirements of this chapter are subject to civil penalties described 36
in RCW 70A.455.090. A specific violation is deemed to have occurred 37
upon the sale of noncompliant product by stock-keeping unit number or 38
unique item number. The repeated sale of the same noncompliant 39
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product by stock-keeping unit number or unique item number is 1
considered a single violation. ((A city, county, or the state))2
(2)(a) A city or county enforcing a requirement of this chapter 3
must send a written notice and a copy of the requirements to a 4
noncompliant ((manufacturer or supplier)) producer of an alleged 5
violation, who will have ((ninety)) 90 days to become compliant. ((A 6
city, county, or the state may assess a first penalty if the 7
manufacturer or supplier has not met the requirements ninety days 8
following the date the notification was sent. A city, county, or the 9
state))10
(b) A city or county enforcing a requirement of this chapter may 11
assess a first penalty if the producer has not met the requirements 12
90 days following the date the notification was sent. A city or 13
county may impose second, third, and subsequent penalties on a 14
((manufacturer or supplier)) producer that remains noncompliant with 15
the requirements of this chapter for every month of noncompliance.16
(3) The department may only impose penalties under this chapter 17
consistent with the standards established in RCW 43.21B.300.18
NEW SECTION. Sec. 810. A new section is added to chapter 19
70A.455 RCW to read as follows:20
(1) The department may adopt rules as necessary for the purpose 21
of implementing, administering, and enforcing this chapter.22
(2) Producers of a product subject to RCW 70A.455.040, 23
70A.455.050, or 70A.455.060 must submit, under penalty of perjury, a 24
declaration that the product meets the standards established under 25
those sections of this chapter for the product. This declaration must 26
be submitted to the department:27
(a) By January 1, 2024, for a product that is or will be sold or 28
distributed into Washington beginning January 1, 2024;29
(b) Prior to the sale or distribution of a product newly sold or 30
distributed into Washington after January 1, 2024; and31
(c) Prior to the sale or distribution of a product whose method 32
of compliance with the standards established in RCW 70A.455.040, 33
70A.455.050, or 70A.455.060 is materially changed from the method of 34
compliance used at the last declaration submission under this 35
section.36
(3) The department must begin enforcing the requirements of this 37
chapter by July 1, 2024.38
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Sec. 811. RCW 70A.455.030 and 2019 c 265 s 3 are each amended to 1
read as follows:2
(1) Except as provided in this chapter, no ((manufacturer or 3
supplier)) producer may sell, offer for sale, or distribute for use 4
in this state a plastic product that is labeled with the term 5
"biodegradable," "degradable," "decomposable," "oxo-degradable," or 6
any similar form of those terms, or in any way imply that the plastic 7
product will break down, fragment, biodegrade, or decompose in a 8
landfill or other environment.9
(2) This section does not apply to biodegradable mulch film that 10
meets the required testing and has the appropriate third-party 11
certifications.12
Sec. 812. RCW 43.21B.110 and 2021 c 316 s 41 and 2021 c 313 s 16 13
are each reenacted and amended to read as follows:14
(1) The hearings board shall only have jurisdiction to hear and 15
decide appeals from the following decisions of the department, the 16
director, local conservation districts, the air pollution control 17
boards or authorities as established pursuant to chapter 70A.15 RCW, 18
local health departments, the department of natural resources, the 19
department of fish and wildlife, the parks and recreation commission, 20
and authorized public entities described in chapter 79.100 RCW:21
(a) Civil penalties imposed pursuant to RCW 18.104.155, 22
70A.15.3160, 70A.300.090, 70A.20.050, 70A.530.040, 70A.350.070, 23
70A.515.060, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 24
70A.65.200, 70A.455.090, 76.09.170, 77.55.440, 78.44.250, 88.46.090, 25
90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.26
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 27
43.27A.190, 70A.15.2520, 70A.15.3010, 70A.300.120, 70A.350.070, 28
70A.245.020, 70A.65.200, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 29
90.48.120, and 90.56.330.30
(c) Except as provided in RCW 90.03.210(2), the issuance, 31
modification, or termination of any permit, certificate, or license 32
by the department or any air authority in the exercise of its 33
jurisdiction, including the issuance or termination of a waste 34
disposal permit, the denial of an application for a waste disposal 35
permit, the modification of the conditions or the terms of a waste 36
disposal permit, or a decision to approve or deny an application for 37
a solid waste permit exemption under RCW 70A.205.260.38
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(d) Decisions of local health departments regarding the grant or 1
denial of solid waste permits pursuant to chapter 70A.205 RCW.2
(e) Decisions of local health departments regarding the issuance 3
and enforcement of permits to use or dispose of biosolids under RCW 4
70A.226.090.5
(f) Decisions of the department regarding waste-derived 6
fertilizer or micronutrient fertilizer under RCW 15.54.820, and 7
decisions of the department regarding waste-derived soil amendments 8
under RCW 70A.205.145.9
(g) Decisions of local conservation districts related to the 10
denial of approval or denial of certification of a dairy nutrient 11
management plan; conditions contained in a plan; application of any 12
dairy nutrient management practices, standards, methods, and 13
technologies to a particular dairy farm; and failure to adhere to the 14
plan review and approval timelines in RCW 90.64.026.15
(h) Any other decision by the department or an air authority 16
which pursuant to law must be decided as an adjudicative proceeding 17
under chapter 34.05 RCW.18
(i) Decisions of the department of natural resources, the 19
department of fish and wildlife, and the department that are 20
reviewable under chapter 76.09 RCW, and the department of natural 21
resources' appeals of county, city, or town objections under RCW 22
76.09.050(7).23
(j) Forest health hazard orders issued by the commissioner of 24
public lands under RCW 76.06.180.25
(k) Decisions of the department of fish and wildlife to issue, 26
deny, condition, or modify a hydraulic project approval permit under 27
chapter 77.55 RCW, to issue a stop work order, to issue a notice to 28
comply, to issue a civil penalty, or to issue a notice of intent to 29
disapprove applications.30
(l) Decisions of the department of natural resources that are 31
reviewable under RCW 78.44.270.32
(m) Decisions of an authorized public entity under RCW 79.100.010 33
to take temporary possession or custody of a vessel or to contest the 34
amount of reimbursement owed that are reviewable by the hearings 35
board under RCW 79.100.120.36
(n) Decisions of the department of ecology that are appealable 37
under RCW 70A.245.020 to set recycled minimum postconsumer content 38
for covered products or to temporarily exclude types of covered 39
Official Print - 42 1799-S2.E AMS ENGR S4791.E
products in plastic containers from minimum postconsumer recycled 1
content requirements.2
(o) Orders by the department of ecology under RCW 70A.455.080.3
(2) The following hearings shall not be conducted by the hearings 4
board:5
(a) Hearings required by law to be conducted by the shorelines 6
hearings board pursuant to chapter 90.58 RCW.7
(b) Hearings conducted by the department pursuant to RCW 8
70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 9
70A.15.3110, and 90.44.180.10
(c) Appeals of decisions by the department under RCW 90.03.110 11
and 90.44.220.12
(d) Hearings conducted by the department to adopt, modify, or 13
repeal rules.14
(3) Review of rules and regulations adopted by the hearings board 15
shall be subject to review in accordance with the provisions of the 16
administrative procedure act, chapter 34.05 RCW.17
Sec. 813. RCW 43.21B.300 and 2021 c 316 s 42 and 2021 c 313 s 17 18
are each reenacted and amended to read as follows:19
(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 20
70A.205.280, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 21
70A.245.070, 70A.245.080, 70A.65.200, 70A.455.090, 88.46.090, 22
90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 23
and chapter 70A.355 RCW shall be imposed by a notice in writing, 24
either by certified mail with return receipt requested or by personal 25
service, to the person incurring the penalty from the department or 26
the local air authority, describing the violation with reasonable 27
particularity. For penalties issued by local air authorities, within 28
((thirty)) 30 days after the notice is received, the person incurring 29
the penalty may apply in writing to the authority for the remission 30
or mitigation of the penalty. Upon receipt of the application, the 31
authority may remit or mitigate the penalty upon whatever terms the 32
authority in its discretion deems proper. The authority may ascertain 33
the facts regarding all such applications in such reasonable manner 34
and under such rules as it may deem proper and shall remit or 35
mitigate the penalty only upon a demonstration of extraordinary 36
circumstances such as the presence of information or factors not 37
considered in setting the original penalty.38
Official Print - 43 1799-S2.E AMS ENGR S4791.E
(2) Any penalty imposed under this section may be appealed to the 1
pollution control hearings board in accordance with this chapter if 2
the appeal is filed with the hearings board and served on the 3
department or authority ((thirty)) 30 days after the date of receipt 4
by the person penalized of the notice imposing the penalty or 5
((thirty)) 30 days after the date of receipt of the notice of 6
disposition by a local air authority of the application for relief 7
from penalty.8
(3) A penalty shall become due and payable on the later of:9
(a) Thirty days after receipt of the notice imposing the penalty;10
(b) Thirty days after receipt of the notice of disposition by a 11
local air authority on application for relief from penalty, if such 12
an application is made; or13
(c) Thirty days after receipt of the notice of decision of the 14
hearings board if the penalty is appealed.15
(4) If the amount of any penalty is not paid to the department 16
within ((thirty)) 30 days after it becomes due and payable, the 17
attorney general, upon request of the department, shall bring an 18
action in the name of the state of Washington in the superior court 19
of Thurston county, or of any county in which the violator does 20
business, to recover the penalty. If the amount of the penalty is not 21
paid to the authority within ((thirty)) 30 days after it becomes due 22
and payable, the authority may bring an action to recover the penalty 23
in the superior court of the county of the authority's main office or 24
of any county in which the violator does business. In these actions, 25
the procedures and rules of evidence shall be the same as in an 26
ordinary civil action.27
(5) All penalties recovered shall be paid into the state treasury 28
and credited to the general fund except those penalties imposed 29
pursuant to RCW 18.104.155, which shall be credited to the 30
reclamation account as provided in RCW 18.104.155(7), RCW 31
70A.15.3160, the disposition of which shall be governed by that 32
provision, RCW 70A.245.040 and 70A.245.050, which shall be credited 33
to the recycling enhancement account created in RCW 70A.245.100, RCW 34
70A.300.090, which shall be credited to the model toxics control 35
operating account created in RCW 70A.305.180, RCW 70A.65.200, which 36
shall be credited to the climate investment account created in RCW 37
70A.65.250, RCW 90.56.330, which shall be credited to the coastal 38
protection fund created by RCW 90.48.390, and RCW 70A.355.070, which 39
Official Print - 44 1799-S2.E AMS ENGR S4791.E
shall be credited to the underground storage tank account created by 1
RCW 70A.355.090.2
PART 93
Miscellaneous4
NEW SECTION. Sec. 901. Sections 401, 402, and 405 of this act 5
constitute a new chapter in Title 70A RCW.6
NEW SECTION. Sec. 902. Nothing in this act changes or limits 7
the authority of the Washington utilities and transportation 8
commission to regulate the collection of solid waste, including 9
curbside collection of residential recyclable materials, nor does 10
this section change or limit the authority of a city or town to 11
provide the service itself or by contract under RCW 81.77.020.12
NEW SECTION. Sec. 903. The following acts or parts of acts are 13
each repealed:14
(1) RCW 70A.455.110 (Compostable products revolving account) and 15
2020 c 20 s 1450 & 2019 c 265 s 11; and16
(2) RCW 70A.455.900 (Effective date—2019 c 265) and 2019 c 265 s 17
13.18
NEW SECTION. Sec. 904. If any provision of this act or its 19
application to any person or circumstance is held invalid, the 20
remainder of the act or the application of the provision to other 21
persons or circumstances is not affected.22
NEW SECTION. Sec. 905. If specific funding for the purposes of 23
this act, referencing this act by bill or chapter number, is not 24
provided by June 30, 2022, in the omnibus appropriations act, this 25
act is null and void."26
E2SHB 1799 - S COMM AMD
By Committee on Environment, Energy & Technology
ADOPTED 3/3/2022
On page 1, line 1 of the title, after "management;" strike the 27
remainder of the title and insert "amending RCW 70A.205.040, 28
Official Print - 45 1799-S2.E AMS ENGR S4791.E
70A.205.015, 69.80.031, 69.80.040, 89.08.615, 43.155.020, 36.70.330, 1
39.30.040, 70A.455.010, 70A.455.020, 70A.455.040, 70A.455.050, 2
70A.455.060, 70A.455.070, 70A.455.080, 70A.455.090, 70A.455.100, and 3
70A.455.030; reenacting and amending RCW 43.21B.110 and 43.21B.300; 4
adding new sections to chapter 70A.205 RCW; adding a new section to 5
chapter 43.21C RCW; adding a new section to chapter 15.04 RCW; adding 6
a new section to chapter 36.70A RCW; adding a new section to chapter 7
35.63 RCW; adding a new section to chapter 35A.63 RCW; adding new 8
sections to chapter 43.19A RCW; adding a new section to chapter 9
70A.455 RCW; adding a new chapter to Title 70A RCW; creating new 10
sections; repealing RCW 70A.455.110 and 70A.455.900; and prescribing 11
penalties."12
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Official Print - 46 1799-S2.E AMS ENGR S4791.E