HB 1799 — Concerning organic materials management.

The study must include a review and update of current funding types and levels available, jurisdictional types and sizes, and alternative funding models utilized by other publicly managed solid waste programs in other states or countries that may be relevant to Washington.

When considering potential statewide solid waste management policy changes, the study must evaluate recent policy proposals considered or enacted in the last four years, including proposals to reduce the load of organic material waste to landfills, managing packaging and paper products p.

6 SHB 1799 through extended producer responsibility programs, other proposed product stewardship or extended producer responsibility programs, improving or installing new or updated methane capture systems, proposals to support emerging markets to maximize the financial and environmental benefits that can be derived from managing organic material wastes, increases in any postconsumer content requirements for materials typically collected in solid waste programs, and other proposals or actions which may either be related to or influence, or both, solid waste funding resources.

The study must evaluate the impacts of the policy changes on existing revenues for local government solid waste management programs and forecast any changes in existing revenue levels, any need for additional revenues, and changes in the level of service provided by and the costs to local government solid waste management programs.

(2) The department of ecology must submit a report of its findings and any recommendations to the appropriate committees of the legislature by December 1, 2023.

Sec.

105.

RCW 70A.205.015 and 2020 c 20 s 1161 are each amended to read as follows:

((As used in this chapter, unless the context indicates otherwise:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "City" means every incorporated city and town.

(2) "Commission" means the utilities and transportation commission.

(3) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter.

Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.

(4) "Department" means the department of ecology.

(5) "Director" means the director of the department of ecology.

(6) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

(7) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

p.

7 SHB 1799 (8) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

(9) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

(10) "Inert waste landfill" means a landfill that receives only inert waste, as determined under RCW 70A.205.030, and includes facilities that use inert wastes as a component of fill.

(11) "Jurisdictional health department" means city, county, city- county, or district public health department.

(12) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

(13) "Local government" means a city, town, or county.

(14) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.

(15) "Multiple-family residence" means any structure housing two or more dwelling units.

(16) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(17) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan.

Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70A.205.075(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

(18) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

(19) "Residence" means the regular dwelling place of an individual or individuals.

(20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and p.

8 SHB 1799 dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70A.226 RCW.

(21) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70A.226 RCW and wastewater as regulated in chapter 90.48 RCW.

(22) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

(23) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

(24) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

(25) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

(26) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in this section, but does not include biosolids or biosolids products regulated under chapter 70A.226 RCW or wastewaters regulated under chapter 90.48 RCW.

(27) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

(28) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities.

Yard debris includes but is not limited to grass clippings, leaves, branches, brush, p.

9 SHB 1799 weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.

(29)(a)(i) "Organic materials" means any solid waste that is a biological substance of plant or animal origin capable of microbial degradation.

(ii) Organic materials include, but are not limited to, manure, yard debris, food waste, food processing waste, wood waste, and garden waste.

(b) "Organic materials" does not include any materials contaminated by herbicides, pesticides, pests, or other sources of chemical or biological contamination that would render a finished product of an organic material management process unsuitable for general public or agricultural use.

(30) "Organic materials management" means management of organic materials through composting, anaerobic digestion, vermiculture, black soldier fly, or similar technologies.

(1)(a) Beginning July 1, 2023,2025, and each July 1st thereafter, the department must determine which counties and any cities preparing independent solid waste management plans:

(i) Provide for businesses to be serviced by providers that collect food waste and organic material waste for delivery to solid waste facilities that provide for the organic materials management of organic material waste and food waste;

and (ii) Are serviced by solid waste facilities that provide for the organic materials management of organic material waste and food waste and have capacity to accept increased volumes of organic materials deliveries.

(b)(i) The department must determine and designate that the restrictions of this section apply to businesses in a jurisdiction unlessp. the department determines that the businesses in some or all portions of the city or county have:

(A)6 NoHB available1799 businessesunless thatthe collectdepartment anddetermines deliverthat organicthe materialsbusinesses toin solidsome wasteor facilitiesall thatportions provideof for the organiccity materialsor managementcounty ofhave: organic material waste and food waste;

or(A) p.No available businesses that collect and deliver organic materials to solid waste facilities that provide for the organic materials management of organic waste and food waste;

10or SHB 1799 (B) No available capacity at the solid waste facilities to which businesses that collect and deliver organic materials could feasibly and economically deliver organic materials from the jurisdiction.

(d) The requirements of this section may be enforced by jurisdictional health departments consistent with this chapter,chapter. except that:

(i)(2) ACounting jurisdictionalonly healthwastes departmentthat mayare not chargemanaged aon-site feeby tobusinesses permitfor holderspurposes to cover the costs of thedetermining jurisdictionalwaste healthvolumes: department's administration or enforcement of the requirements of this section;

and(a) (ii)Beginning PriorJanuary to1, issuing2024, a penaltybusiness underthat thisgenerates section, a jurisdictional health department must provide at least twoeight writtencubic noticesyards of noncomplianceorganic withwaste theper requirementsweek ofmust thisarrange sectionfor toorganic thematerials ownermanagement orservices operatorspecifically offor aorganic businesswaste; subject to the requirements of this section.

(2)(b) WastesBeginning thatJanuary are1, not2025, manageda on-sitebusiness by the generating business, wastes generated from the growth and harvest of food or fiber that aregenerates managedat off-siteleast byfour anothercubic businessyards engaged in the growth and harvest of foodorganic orwaste fiber,per andweek wastesmust generatedarrange infor exceptionalorganic volumesmaterials asmanagement aservices resultspecifically of a natural disaster or other infrequent and unpreventable event, do not count for purposesorganic ofwaste; determining waste volumes in (a) through (c) of this subsection.

(a)and (c) Beginning January 1, 2024,2026, a business that generates at least eightfour cubic yards of organicsolid material waste per week mustshall arrange for organic materials management services specifically for organic materialwaste, waste;unless the department determines, by rule, that additional reductions in the landfilling of organic materials would be more appropriately and effectively achieved, at reasonable cost to regulated businesses, through the establishment of a different volumetric threshold of solid waste or organic waste than the threshold of four cubic yards of solid waste per week.

(b) Beginning January 1, 2025, a business that generates at least four cubic yards of organic material waste per week must arrange for p.

11 SHB 1799 organic materials management services specifically for organic material waste;

and (c) Beginning January 1, 2026, a business that generates at least four cubic yards of solid waste per week shall arrange for organic materials management services specifically for organic material waste, unless the department determines, by rule, that additional reductions in the landfilling of organic materials would be more appropriately and effectively achieved, at reasonable cost to regulated businesses, through the establishment of a different volumetric threshold of solid waste or organic material waste than the threshold of four cubic yards of solid waste per week.

(a)p. Source separating organic material waste from other waste and subscribing to a service that includes organic material waste collection and organic materials management;

(b)7 ManagingHB its1799 (a) Source separating organic materialwaste from other waste on-siteand orsubscribing self-haulto itsa ownservice organicthat materialincludes organic waste forcollection and organic materials management;

(b) Managing its organic waste on-site or self-haul its own organic waste for organic materials management;

(4)(a)(4) A business generating organic material waste shall arrange for the services required by this section in a manner that is consistent with state and local laws and requirements applicable to the collection, handling, or recycling of solid and organic material waste.

(b)(5) NothingWhen inarranging thisfor sectiongardening requiresor landscaping services, the contract or work agreement between a business subject to disposethis ofsection materialsand in a mannergardening or landscaping service must require that conflictsthe withorganic federalwaste orgenerated stateby publicthose healthservices orbe safetymanaged requirements.in compliance with this chapter.

Nothing(6)(a) inThis this section requiresdoes businessesnot tolimit disposethe authority of wastesa generatedlocal ingovernmental exceptionalagency volumesto asadopt, aimplement, resultor ofenforce a naturallocal disasterorganic waste recycling requirement, or othera infrequentcondition andimposed unpreventableupon eventa throughself- thehauler, optionsthat establishedis inmore subsectionstringent (3)or comprehensive than the requirements of this section.chapter.

(5) When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service must require that the organic material waste generated by those services be managed in compliance with this chapter.

(6)(a) This section does not limit the authority of a local governmental agency to adopt, implement, or enforce a local organic material waste recycling requirement, or a condition imposed upon a p.

12 SHB 1799 self-hauler, that is more stringent or comprehensive than the requirements of this chapter.

(d) Nothing in this section changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this section change or limitp. the authority of a city or town to provide the service itself or by contract under RCW 81.77.020.

8 HB 1799 limit the authority of a city or town to provide the service itself or by contract under RCW 81.77.020.

(c) "Organic materials" means any solid waste that is a biological substance of plant or animal origin capable of microbial degradation.

Organic materials include, but are not limited to, manure, yard debris, food waste, food processing wastes, wood waste, and garden wastes.

(d) "Organic materials management" means management of organic materials through composting, anaerobic digestion, vermiculture, black soldier fly, or similar technologies.

(1) This section may be cited as the "good samaritan food donation act." p.(2) ((As used in this section:)) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

13 SHB 1799 (2) ((As used in this section:)) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(b) "Apparently wholesome food" means food that meets ((all quality and)) safety and safety-related labeling standards imposed by federal,p. state, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, passage of a date on a date label other than a safety or safety-related labeling of a date, or other conditions.

9 HB 1799 federal, state, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, passage of a date on a date label other than a safety or safety-related labeling of a date, or other conditions.

(((g))) (h) "Gross negligence" means voluntary and conscious conduct by a person with knowledge, at the time of the conduct, that p.the conduct is likely to be harmful to the health or well-being of another person.

14 SHB 1799 the conduct is likely to be harmful to the health or well-being of another person.

(((j)))p. (k) "Person" means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital.

10 HB 1799 (((j))) (k) "Person" means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital.

(3)(a) A person or gleaner is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that p.the person or gleaner donates in good faith or sells at a good samaritan reduced price to a nonprofit organization for ultimate sale at a good samaritan reduced price, donation, or other distribution to needy individuals, except that this subsection does not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the donor constituting gross negligence or intentional misconduct.

15 SHB 1799 the person or gleaner donates in good faith or sells at a good samaritan reduced price to a nonprofit organization for ultimate sale at a good samaritan reduced price, donation, or other distribution to needy individuals, except that this subsection does not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the donor constituting gross negligence or intentional misconduct.

A qualified direct donor is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the qualified direct donor donates in good faithp. or sells at a good samaritan reduced price to a needy individual.

11 HB 1799 faith or sells at a good samaritan reduced price to a needy individual.

(c) The donation of perishable food that is fit for human consumption, but that has exceeded the labeled shelf-life date recommended by the manufacturer, is an activity covered by the exclusion from civil or criminal liability under this section if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.

(5) If some or all of the donated food and grocery products do not meet ((all quality and)) safety and safety-related labeling standards imposed by federal, state, and local laws and regulations, the person or gleaner who donates the food and grocery products is not subject to civil or criminal liability in accordance with this section if the nonprofit organization or other end recipient that receives the donated food or grocery products:

p.(b) Agrees to recondition the donated food or grocery products to comply with all the ((quality and)) safety and safety-related labeling standards prior to distribution;

16 SHB 1799 (b) Agrees to recondition the donated food or grocery products to comply with all the ((quality and)) safety and safety-related labeling standards prior to distribution;

PART 4 Washington Center for Sustainable Food Management NEWp. SECTION.

12 HB 1799 NEW SECTION.

(3) "Organic"Plan" material"means has the sameuse definitionfood aswell providedWashington inplan developed under RCW 70A.205.015.70A.205.715.

(4) "Plan" means the use food well Washington plan developed under RCW 70A.205.715.

p.(f) Facilitate and coordinate public-private and nonprofit partnerships focused on food waste reduction, including through voluntary working groups;

17 SHB 1799 (f) Facilitate and coordinate public-private and nonprofit partnerships focused on food waste reduction, including through voluntary working groups;

(i)(i)(i) Collect and maintain data on food waste and wasted food in a manner that is generally consistent with the methods of collecting and maintaining such data used by federal agencies or in other jurisdictions, or both, to the greatest extent practicable;

(ii)p. Develop measurement methodologies and tools to uniformly track food donation data, food waste prevention data, and associated climate impacts resultant from food waste reduction efforts;

13 HB 1799 (j) Research and develop emerging organicorganics materials and food waste reduction markets;

and (l) Distribute and monitor grants dedicated to food waste prevention, rescue, and recovery;recovery.

and (m) Research and provide education, outreach, and technical assistance to local governments in support of the adoption of solid waste ordinances or policies that establish a financial disincentive p.

18 SHB 1799 for the generation of organic waste and for the ultimate disposal of organic materials in landfills.

(1) The center must, by January 1, 2025, and in consultation with the office of the attorney general, research and adopt several model ordinances for optional use by counties and cities that provide for model mechanisms for commercial solid waste collection and disposal that are designed, in part, to establish a financial disincentive or other disincentives for the generation of organic waste and for the ultimate disposal of organic materials in landfills.

The model ordinances must be designed to provide options that might be preferred by jurisdictions of different sizes and p.

14 HB 1799 consider other key criteria applicable to local solid waste management circumstances.

(2)(a) The department must review the model ordinances created in this section under the provisions of chapter 43.21C RCW.

(b) A county or city that adopts a model ordinance created by the center under this section and that has been reviewed by the department under the provisions of chapter 43.21C RCW is not required to review the ordinance under the provisions of chapter 43.21C RCW.

(3) No city, town, or county is required to adopt the model ordinances created in this section.

NEW SECTION.

Sec.

404.

A new section is added to chapter 43.21C RCW to read as follows:

Amendments to regulations and other nonproject actions taken by a city or county to adopt or implement the model ordinance created by the Washington center for sustainable food management under section 403 of this act is not subject to the requirements of this chapter.

NEW SECTION.

Sec.

405.

The department may also request that a donating business or recipient of donated food provide information to the department regarding the volumes, types, and timing of food managed by the donatingfacility, facility or business, and food waste and wasted food generated by the donatingfacility. facility or business.

Sec.p.

404.15 HB 1799 Sec.

406.

The department must coordinate with the department of ecology to ensure that the information and referral p.service required under this section is implemented in a manner consistent with the activities of sections 402 and 405 of this act.

19 SHB 1799 service required under this section is implemented in a manner consistent with the activities of sections 402 and 403 of this act.

(c)p. Down payments on equipment;

16 HB 1799 (c) Down payments on equipment;

(f) Services to landowners, such as the development of site- specific conservation plans to increase soil organic levels or to increase usage of precision agricultural practices, or design and p.implementation of best management practices to reduce livestock emissions;

20 SHB 1799 implementation of best management practices to reduce livestock emissions;

(h) Scientific studies to evaluate and quantify(h) theOther greenhouseequipment gaspurchases emissionsor avoidedfinancial asassistance adeemed resultappropriate ofby usingthe cropcommission residues as a biofuel feedstock or to identifyfulfill management practices that increase the greenhouseintent gas emissions avoided as a result of usingRCW crop89.08.610 residuesthrough as89.08.635. a biofuel feedstock;

(i) Efforts to support the farm use of anaerobic digester digestate, including scientific studies, education and outreach to farmers, and the purchase or lease of digestate spreading equipment;

and (j) Other equipment purchases or financial assistance deemed appropriate by the commission to fulfill the intent of RCW 89.08.610 through 89.08.635.

(12) Any applications involving state lands leased from the department of natural resources must include the department's approval.

2117 SHBHB 1799 (12)NEW AnySECTION. applications involving state lands leased from the department of natural resources must include the department's approval.

NEW SECTION.

A(1)(a) newSubject sectionto isthe addedavailability toof chapteramounts 15.04appropriated RCWfor this specific purpose, the department of agriculture must establish and implement a three-year compost reimbursement pilot program to readreimburse asfarming follows:operations in the state for purchasing and using compost products that were not generated by the farming operation, including transportation, equipment, spreading, and labor costs.

(1)(a)The Subjectgrant toreimbursements theunder availability of amounts appropriated for this specific purpose, the departmentpilot must establish and implement a compost reimbursement program tobegin reimburseJuly farming1, operations2023, in the state for purchasing and usingconclude compostJune products30, that2026. were not generated by the farming operation, including transportation, spreading equipment, labor, fuel, and maintenance costs associated with spreading equipment.

The grant reimbursements under the program begin July 1, 2023.

(2) To be eligible to participate in the reimbursement pilot program, a farming operation must complete an eligibility review with the department of agriculture prior to transporting or applying any compost products for which reimbursement is sought under this section.

The purpose of the review is for the department of agriculture to ensure that the proposed transport and application of compost products is consistent with the department's agricultural pest control rules established under chapter 17.24 RCW.

A farming operation must also verify that it will allow soil sampling to be conducted by the department of agriculture upon request beforeduring compost application and until at least 10 years after the lastduration grantof funding is used by the farmingpilot operation,program as necessary to establish a baseline of soil quality and carbon storage and for subsequent department of agriculture evaluations to assist the department's reporting requirements under subsection (8)(9) of this section.

(3) The department of agriculture must create a form for eligible farming operations to apply for cost reimbursement for costs from purchasing and using compost from facilities with solid waste handling permits, including transportation, equipment, spreading, and labor costs.

All p.applications for cost reimbursement must be submitted on the form along with invoices, receipts, or other documentation acceptable to the department of the costs of purchasing and using compost products for which the applicant is requesting reimbursement, as well as a brief description of what each purchased item will be used for.

22The SHB 1799 applications for cost reimbursement must be submitted on the form along with invoices, receipts, or other documentation acceptable to the department of theagriculture costsmay ofrequest purchasingthat andp. using compost products for which the applicant is requesting reimbursement, as well as a brief description of what each purchased item will be used for.

The18 departmentHB may1799 request that an applicant provide information to verify the source, size, sale weight, or amount of compost products purchased and the cost of transportation, equipment, spreading, and labor.

(4) A farming operation may submit only one application per fiscal year for purchases made and usage costs incurred during the fiscal year that begins on July 1st and ends on June 30th of each fiscal year in which the pilot program is in effect.

(5) The department of agriculture must distribute reimbursement funds, subject to the following limitations:

(a) A farming operation is not eligible to receive reimbursement if the farming operation's application was not found eligible for reimbursement by the department of agriculture prior to transport or use under subsection (2) of this section;

p.(6) The applicant shall indemnify and hold harmless the state and its officers, agents, and employees from all claims arising out of or resulting from the compost products purchased that are subject to the compost reimbursement pilot program under this section.

23(7) SHBThere 1799is (6)established Thewithin applicant shall indemnify and hold harmless the statedepartment and its officers, agents, and employees from all claims arising out of oragriculture resultinga from the compost products purchased that are subject to the compost reimbursement pilot program undermanager thisposition. section.

(7)The There is established within the department a compost reimbursementp. program manager position.

The19 compostHB 1799 reimbursement pilot program manager must possess knowledge and expertise in the area of program management necessary to carry out the duties of the position, which are to:

and (b) Manage the day-to-day coordination of the compost reimbursement pilot program.

(8) InAny complianceaction withtaken RCWby 43.01.036, the department mustof submitagriculture anpursuant annual report to thethis appropriatesection committeesis ofexempt from the legislaturerule-making byrequirements January 15th of eachchapter year34.05 ofRCW. the program in which grants have been issued or completed.

(9) In compliance with RCW 43.01.036, the department of agriculture must submit an annual report to the appropriate committees of the legislature by January 15th of each year of the program, with a final report due January 15, 2026.

and (c) An evaluation of the benefits and costs to the state of expandingcontinuing, expanding, or furthering the strategies promotedexplored in the pilot program.

(10) This section expires June 30, 2027.

2420 SHBHB 1799 (5) "Local governments" means cities, towns, counties, special purpose districts, and any other municipal corporations or quasi- municipal corporations in the state excluding school districts and port districts.

2521 SHBHB 1799 agriculture, housing, commerce, industry, recreation, education, public buildings and lands, and other categories of public and private use of land, including a statement of the standards of population density and building intensity recommended for the various areas in the jurisdiction and estimates of future population growth in the area covered by the comprehensive plan, all correlated with the land use element of the comprehensive plan.

Development regulations to implement comprehensive plans that are newly developed, updated, or amended after January 1, 2025,2023, must allow for the siting of organic materials management facilities in the areas identified in RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the establishment of the organic materials management volumetric capacity identified under RCW 70A.205.040(3)(a)(ii);

Development regulations to implement comprehensive plans that are newly developed, updated, or amended after January 1, 2025,2023, must allow for the siting of organic materials management facilities in the areas identified in RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the establishment of the organic materials management volumetric capacity identified under RCW 70A.205.040(3)(a)(ii).

2622 SHBHB 1799 Development regulations to implement comprehensive plans under RCW 35.63.100 that are newly developed, updated, or amended after January 1, 2025,2023, must allow for the siting of organic materials management facilities in the areas identified by the county in which the city is located under RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the establishment of the organic materials management volumetric capacity identified under RCW 70A.205.040(3)(a)(ii).

Development regulations to implement comprehensive plans required under RCW 35A.63.060 that are newly developed, updated, or amended after January 1, 2025,2023, must allow for the siting of organic materials management facilities in the areas identified by the county in which the city is located under RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the establishment of the organic materials management volumetric capacity identified under RCW 70A.205.040(3)(a)(ii).

(1) By January 1, 2023, each local government withshall: a population greater than 10,000 residents as measured by the office of financial management using the most recent population data available, shall adopt a compost procurement ordinance to implement RCW 43.19A.120.

In(a) developingAdopt a compost procurement ordinance,ordinance eachto localimplement governmentRCW shall43.19A.120; plan for the use of compost in the following categories:

(a)and Landscaping(b) projects;Develop a compost procurement plan to meet RCW 43.19A.120.

(b)(2) ConstructionLocal governments shall give priority to purchasing compost products from companies that produce compost products locally, are certified by a nationally recognized organization, and postconstructionproduce soilcompost amendments;products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the department of transportation or adopted by rule by the department of ecology.

(c)(3) ApplicationsLocal togovernments preventmay erosion,enter filterinto stormwatercollective runoff,purchasing promoteagreements vegetationif growth,doing orso improveis themore stabilitycost-effective andor longevityefficient. of roadways;

and(4) (d)Nothing Low-impactin developmentthis andsection greenrequires infrastructurea tocompost filterprocessor pollutantsto: or keep water on-site, or both.

(2) A local government that newly exceeds a population of 10,000 residents after January 1, 2023, as measured by the office of p.

27 SHB 1799 financial management, must adopt an ordinance under this subsection no later than 12 months after the office of financial management's determination that the local government's population has exceeded 10,000.

(3) Each local government that adopts an ordinance under subsection (1) or (2) of this section must develop strategies to inform residents about the value of compost and how the jurisdiction uses compost in its operations in the jurisdiction's comprehensive solid waste management plan pursuant to RCW 70A.205.045.

(4) By December 31, 2024, and each December 31st of even-numbered years thereafter, each local government that adopts an ordinance under subsection (1) of this section must submit a report covering the previous year's compost procurement activities to the Washington center for sustainable food management created in chapter 70A.--- RCW (the new chapter created in section 901 of this act) that contains the following information:

(a) The total tons of organic material diverted throughout the year;

(b) The volume and cost of compost purchased throughout the year;

and (c) The source or sources of the compost.

(5) Local governments shall give priority to purchasing compost products from companies that produce compost products locally, are certified by a nationally recognized organization, and produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the department of transportation or adopted by rule by the department of ecology.

(6) Local governments may enter into collective purchasing agreements if doing so is more cost-effective or efficient.

(7) Nothing in this section requires a compost processor to:

Sec.p.

23 HB 1799 Sec.

(1) Whenever a unit of local government is required to make purchases from the lowest bidder or from the supplier offering the lowest price for the items desired to be purchased, the unit of local p.government may, at its option when awarding a purchase contract, take into consideration tax revenue it would receive from purchasing the supplies, materials, or equipment from a supplier located within its boundaries.

28 SHB 1799 government may, at its option when awarding a purchase contract, take into consideration tax revenue it would receive from purchasing the supplies, materials, or equipment from a supplier located within its boundaries.

Ap. contract by a local government or state agency must require the use of compost products to the maximum extent economically feasible to meet the requirements established in RCW 43.19A.120.

PART24 8HB p.1799 A contract by a governmental unit must require the use of compost products to the maximum extent economically feasible to meet the requirements established in RCW 43.19A.120.

29PART SHB8 1799 Product Degradability Labeling Sec.

(a) The film product fulfills plant growth and regulated metals requirements of ASTM D6400;

and (b)(i) Meets the requirements of Vincotte's "OK Biodegradable Soil" certification scheme, as that certification existed as of January 1, 2019;

3025 SHBHB 1799 (ii)(a) AtThe ambientfilm temperaturesproduct andfulfills inplant soil,growth showsand atregulated leastmetals ((ninety))requirements 90of percent biodegradation absolute or relative to microcrystalline cellulose in less than two years' time, tested according to ISO 17556 or ASTM 5988D6400; standard test methods, as those test methods existed as of January 1, 2019;

and (b)(i) Meets the requirements of Vincotte's "OK Biodegradable Soil" certification scheme, as that certification existed as of January 1, 2019;

(ii) At ambient temperatures and in soil, shows at least ((ninety)) 90 percent biodegradation absolute or relative to microcrystalline cellulose in less than two years' time, tested according to ISO 17556 or ASTM 5988 standard test methods, as those test methods existed as of January 1, 2019;

(6) (("Manufacturer""Manufacturer" means a person, firm, association, partnership, or corporation that produces a product.

(7)))(7) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(((8)))(8) (7) "Plastic food packaging and food service products" means food packaging and food service products that is composed of:

(((9))) (8) "Plastic product" means a product made of plastic, whether alone or in combination with another material including, but not limited to, paperboard.

A plastic product includes, but is not limited to, any of the following:

3126 SHBHB 1799 (a)(9) A"Plastic productproduct" ormeans part of a product thatmade isof used,plastic, bought,whether alone or leasedin forcombination usewith byanother amaterial personincluding, forbut anynot purpose;limited to, paperboard.

A plastic product includes, but is not limited to, any of the following:

(a) A product or part of a product that is used, bought, or leased for use by a person for any purpose;

(((10)))(10) (9) "Standard specification" means either:

(((11)(a)(11)(((a))) "Supplier" means a((a person, firm, association, partnership, company, or corporation that sells, offers for sale, offers for promotional purposes, or takes title to a product.

(b) "Supplier" does not include a person, firm, association, partnership, company, or corporation that sells products to end users as a retailer.retailer)) the following person responsible for compliance with this chapter for a product sold, offered for sale, or distributed in or into this state:

(12))) (10) "Utensil" means a product designed to be used by a consumer to facilitate the consumption of food or beverages, including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers.

(11) "Department" means the department of ecology.

(12) "Producer" means the following person responsible for compliance with this chapter for a product sold, offered for sale, or distributed in or into this state:

or (c) If there is no person described in (a) and (b) of this subsection over whom the state can constitutionally exercise p.

3227 SHBHB 1799 (c) If there is no person described in (a) and (b) of this subsection over whom the state can constitutionally exercise jurisdiction, the producer is the person who imports or distributes the product in or into the state.

(12) "Utensil" means a product designed to be used by a consumer to facilitate the consumption of food or beverages, including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers.

(13) "Department" means the department of ecology.

(14)(a) "Produce sticker" means a label or marking directly affixed, or designed to be affixed, to an item intended for human consumption, including the means of affixing the label or marking to an item.

(b) "Produce sticker" does not include a container primarily intended to market, transport, handle, or protect a food product.

(1)(((a)))(1)(a) A product labeled as "compostable" that is sold, offered for sale, or distributed for use in Washington by a ((suppliersupplier or manufacturer))manufacturer producer must:

(((i)))(i) (a) Meet ASTM standard specification D6400;

(((ii)))(ii) (b) Meet ASTM standard specification D6868;

or (((iii)))(iii) (c) Be comprised of wood, which includes renewable wood, or fiber-based substrate only;

(((b)))(b) (2) A product described in (((a)(i)(a)(i) or (ii) of this)) subsection (1)(a) or (b) of this sectionsubsection must:

(((i)))(i) (a) Meet labeling requirements established under the United States federal trade commission's guides;

and (((ii)))(ii) (b) Feature labeling that:

(((A)))(A) (i) Meets industry standards for being distinguishable upon quick inspection in both public sorting areas and in processing facilities;

(((B)))(B) (ii) Uses a logo indicating the product has been certified by a recognized third-party independent verification body as meeting the ASTM standard specification;

((and((and)) (C)))(C) (iii) Displays the word "compostable," where possible, indicating the product has been tested by a recognized third-party independent body and meets the ASTM standard specification;

and (iv)(D) Uses green, beige, or brown labeling, color striping, or other green, beige, or brown symbols, colors, tinting, marks, or design patterns that help differentiate compostable items from noncompostable items.materials.

(((2)p. A compostable product described in subsection (1)(a)(i) or (ii) of this section must be considered compliant with the requirements of this section if it:

28 HB 1799 (2) ((A compostable product described in subsection (1)(a)(i) or (ii) of this section must be considered compliant with the requirements of this section if it:

and (c) Uses distinctive color schemes, green or brown color striping, or other adopted symbols, colors, marks, or design patterns p.that help differentiate compostable items from noncompostable materials)) The requirements of this section do not apply to produce stickers.

33 SHB 1799 that help differentiate compostable items from noncompostable materials.)) Sec.

(1) A ((manufacturermanufacturer or supplier))supplier producer of a film bag that meets ASTM standard specification D6400 and is distributed or sold by retailers must ensure that the film bag is readily and easily identifiable from other film bags in a manner that is consistent with the federal trade commission guides.

(3) If a bag is smaller than ((fourteen)) 14 inches by ((fourteen)) 14 inches, the lettering and stripe required under subsectionp. (2)(b)(ii) of this section must be in proportion to the size of the bag.

29 HB 1799 subsection (2)(b)(ii) of this section must be in proportion to the size of the bag.

(5) A ((manufacturermanufacturer or supplier))supplier producer is required to comply with this section only to the extent that the labeling requirements do not conflict with the federal trade commission guides.

p.Sec.

34 SHB 1799 Sec.

(1)(a) A ((manufacturermanufacturer or supplier))supplier producer of plastic food service products or film products that meet ASTM standard specification D6400 or ASTM standard specification D6868 must ensure that the items are readily and easily identifiable from other plastic food service products or plastic film products in a manner that is consistent with the federal trade commission guides.

and (d) Be at least partially colored or partially tinted green, beige, or brown.

and (c) Uses distinctive color schemes, green or brown color striping, or other adopted symbols, colors, marks, or design patterns thatp. help differentiate compostable items from noncompostable materials.

30 HB 1799 that help differentiate compostable items from noncompostable materials.

(a) Display)) display labeling language via printing, embossing, or compostable adhesive stickers using, when possible, either the colors green, beige, or brown that contrast with background product color for easy identification((;identification ((;

p.(((5))) (4) Graphic elements are encouraged to increase legibility of the word "compostable" and overall product distinction that may include text boxes, stripes, bands, or a green, beige, or brown tint of the product.

35(((6))) SHB(5) 1799A (((5)))manufacturer (4)or Graphicsupplier elementsis arerequired encouraged to increasecomply legibilitywith ofthis thesection wordonly "compostable"to andthe overallextent product distinction that maythe includelabeling textrequirements boxes,do stripes,not bands,conflict orwith athe green,federal beige,trade orcommission brownguides. tint of the product.

(((6))) (5) A ((manufacturer or supplier)) producer is required to comply with this section only to the extent that the labeling requirements do not conflict with the federal trade commission guides.

(1) A ((manufacturermanufacturer or supplier of film products or food service products))products producer of plastic film bags sold, offered for sale, or distributed for use in Washington that does not meet the applicable ASTM standard specifications provided in RCW 70A.455.050 ((andand 70A.455.060))70A.455.060 is:

(((1)))(1) (a) Prohibited from using tinting, color schemes, labeling, ((and)) or terms that are required of products that meet the applicable ASTM standard specifications under RCW 70A.455.050 ((andand 70A.455.060));70A.455.060;

(((2)))(2) (b)((Discouraged Discouraged from using ((coloration,))coloration, labeling, images, and terms thatthat)) Prohibited from using brown, beige, or green coloration labeling, brown, beige, or green tinting, images, or terms, if such coloration, labeling, tinting, images, or terms may reasonably be anticipatedanticipated, in the judgment of the department, to confuse consumers into believing that noncompostable ((bagsbags and food service packaging))packaging products are compostable;

and (((3)))(3) (c) Encouraged to use ((coloration,))coloration, tinting, labeling, images, and terms to help consumers identify noncompostable bagsbags, ((andfilm products, and food service packaging))packaging as either:

(((a)))(a) (i) Suitable for recycling;

or (((b)))(b) (ii) necessary to dispose as waste.

(2)p. A producer of food service products, or plastic film products other than plastic film bags subject to subsection (1) of this section, sold, offered for sale, or distributed for use in Washington that does not meet the applicable ASTM standard specifications provided in RCW 70A.455.060 is:

(a)31 ProhibitedHB from1799 usingSec. labeling, or terms that are required of products that meet the applicable ASTM standard specifications under RCW 70A.455.060;

(b) Discouraged from using labeling, images, and terms that may reasonably be anticipated to confuse consumers into believing that compostable products are compostable;

and p.

36 SHB 1799 (c) Encouraged to use tinting, coloration, labeling, images, and terms to help consumers identify film products and food service packaging as either:

(i) Suitable for recycling;

or (ii) necessary to dispose as waste.

Sec.

(1) Upon the request by a person, including the department, a ((manufacturermanufacturer or supplier))supplier producer shall submit to that person or the department, within ((ninety)) 90 days of the request, nonconfidential business information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate.

(2) Upon request by a commercial compost processing facility, ((manufacturers))manufacturers producers of compostable products are encouraged to provide the facility with information regarding the technical aspects of a commercial composting environment, such as heat or moisture, in which the ((manufacturer's))manufacturer's producer's product has been field tested and found to degrade.

(1)(a) The ((state, acting through the attorney general,)) department and cities and counties have concurrent authority to enforce this chapter and to issue and collect civil penalties for a violation of this chapter, subject to the conditions in this section and RCW 70A.455.100.

If a ((manufacturermanufacturer or supplier))supplier producer has paid a prior penalty for the same violation to a different government entity with enforcement authority under this subsection, the penalty imposed by a government entity is reduced by the amount of the payment.

Cities, counties, or any person may file complaints with the p.department using the forum, and cities and counties may review complaints filed with the department via the forum.

37 SHB 1799 department using the forum, and cities and counties may review complaints filed with the department via the forum.

The department, in collaboration with the citiesp. and counties, must provide education and outreach activities to inform retail establishments, consumers, and producers about the requirements of this chapter.

32 HB 1799 cities and counties, must provide education and outreach activities to inform retail establishments, consumers, and suppliers about the requirements of this chapter.

(4) In addition to penalties recovered under this section, the enforcing ((government entity)) city or county may recover reasonable enforcement costs and attorneys' fees from the liable ((manufacturermanufacturer or supplier))supplier. producer.

((Manufacturers(1) Manufacturers and suppliers))suppliers (1) Producers who violate the requirements of this chapter are subject to civil penalties described in RCW 70A.455.090.

((A city, county, or the state)) (2)(a) A city or county enforcing a requirement of this chapter must send a written notice and a copy of the requirements to a noncompliant ((manufacturermanufacturer or supplier))supplier producer of an alleged violation, who will have ((ninety)) 90 days to become compliant.

((A city, county, or the state may assess a first penalty if the manufacturer or supplier has not met the requirements ninety days p.following the date the notification was sent.

38A SHBcity, 1799county, or the state)) (b) A city or county enforcing a requirement of this chapter may assess a first penalty if the manufacturer or supplier has not met the requirements 90 days following the date the notification was sent.

A city, county, or the state)) (b) A city or county enforcingmay aimpose requirementsecond, ofthird, thisand chaptersubsequent maypenalties assesson a firstmanufacturer penaltyor ifsupplier thethat producerremains hasnoncompliant notp. met the requirements 90 days following the date the notification was sent.

A33 cityHB or1799 county may impose second, third, and subsequent penalties on a ((manufacturer or supplier)) producer that remains noncompliant with the requirements of this chapter for every month of noncompliance.

(2) ProducersThe ofdepartment a product subject to RCW 70A.455.040, 70A.455.050, or 70A.455.060 must submit,begin underenforcing penalty of perjury, a declaration that the productrequirements meets the standards established under those sections of this chapter forby theJanuary product.1, 2024.

ThisNEW declarationSECTION. must be submitted to the department:

(a) By January 1, 2024, for a product that is or will be sold or distributed into Washington beginning January 1, 2024;

(b) Prior to the sale or distribution of a product newly sold or distributed into Washington after January 1, 2024;

and (c) Prior to the sale or distribution of a product whose method of compliance with the standards established in RCW 70A.455.040, 70A.455.050, or 70A.455.060 is materially changed from the method of compliance used at the last declaration submission under this section.

(3) The department must begin enforcing the requirements of this chapter by July 1, 2024.

RCWA 70A.455.030new andsection 2019is cadded 265to schapter 370A.455 areRCW each amended to read as follows:

(1)(1)(a) ExceptBeginning asJanuary provided1, in2024, thisa chapter,person no ((manufacturer or supplier)) producer may sell,not offersell for sale, or distribute for use in thisor stateinto aWashington plastic productproduce thatstickers, isor labeledproducts with theplastic termproduce "biodegradable,"stickers, "degradable,"that "decomposable,"do "oxo-degradable,"not ormeet anyASTM similarstandard formD6400 ofor thoseASTM terms,standard orD6868, inas anythose waystandards implyexisted thatas theof plasticJanuary p.1, 2022.

39(b) SHBThe 1799requirements productof will(a) breakof down,this fragment,subsection biodegrade,do ornot decomposeapply into aproduce landfilllabels that are comprised of wood or otherfiber-based environment.substrate only.

(2) ThisUpon sectionrequest, doesthe notdepartment applymust provide technical assistance and guidance to biodegradablemanufacturers, mulchimporters, filmor distributors of prohibited produce stickers that meetssell, theoffer requiredfor testingsale, andor hasotherwise thesupply appropriatesuch third-partyproducts certifications.in or into Washington.

(a) Civil penalties imposed pursuant to RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.530.040, 70A.350.070, 70A.515.060, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.65.200,p. 70A.455.090, 76.09.170, 77.55.440, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.

34 HB 1799 70A.65.200, 70A.455.090, 76.09.170, 77.55.440, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.

(f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and p.decisions of the department regarding waste-derived soil amendments under RCW 70A.205.145.

40 SHB 1799 decisions of the department regarding waste-derived soil amendments under RCW 70A.205.145.

(k)p. Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW, to issue a stop work order, to issue a notice to comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.

35 HB 1799 (k) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW, to issue a stop work order, to issue a notice to comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.

p.(b) Hearings conducted by the department pursuant to RCW 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 70A.15.3110, and 90.44.180.

41 SHB 1799 (b) Hearings conducted by the department pursuant to RCW 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 70A.15.3110, and 90.44.180.

(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.65.200, 70A.455.090, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service,p. to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity.

36 HB 1799 service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity.

p.(3) A penalty shall become due and payable on the later of:

42 SHB 1799 (3) A penalty shall become due and payable on the later of:

(5)p. All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7), RCW 70A.15.3160, the disposition of which shall be governed by that provision, RCW 70A.245.040 and 70A.245.050, which shall be credited to the recycling enhancement account created in RCW 70A.245.100, RCW 70A.300.090, which shall be credited to the model toxics control operating account created in RCW 70A.305.180, RCW 70A.65.200, which shall be credited to the climate investment account created in RCW 70A.65.250, RCW 90.56.330, which shall be credited to the coastal protection fund created by RCW 90.48.390, and RCW 70A.355.070, which shall be credited to the underground storage tank account created by RCW 70A.355.090.

37 HB 1799 (5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7), RCW 70A.15.3160, the disposition of which shall be governed by that provision, RCW 70A.245.040 and 70A.245.050, which shall be credited to the recycling enhancement account created in RCW 70A.245.100, RCW 70A.300.090, which shall be credited to the model toxics control operating account created in RCW 70A.305.180, RCW 70A.65.200, which shall be credited to the climate investment account created in RCW 70A.65.250, RCW 90.56.330, which shall be credited to the coastal protection fund created by RCW 90.48.390, and RCW 70A.355.070, which shall be credited to the underground storage tank account created by RCW 70A.355.090.

Sections 401401, 402, and 402403 of this act constitute a new chapter in Title 70A RCW.

p.NEW SECTION.

43 SHB 1799 NEW SECTION.

and (2) RCW 70A.455.900 (Effective date—2019date — 2019 c 265) and 2019 c 265 s 13.

4438 SHBHB 1799