CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1799
Chapter 180, Laws of 2022
67th Legislature
2022 Regular Session
ORGANIC MATERIALS—VARIOUS PROVISIONS
EFFECTIVE DATE: June 9, 2022
Passed by the House March 8, 2022 CERTIFICATE
Yeas 57 Nays 40
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1799 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate March 3, 2022
Yeas 34 Nays 14
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved March 25, 2022 10:37 AM FILED
March 28, 2022
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1799
AS AMENDED BY THE SENATE
Passed Legislature - 2022 Regular Session
State of Washington 67th Legislature 2022 Regular Session
By House Appropriations (originally sponsored by Representatives
Fitzgibbon, Berry, Duerr, Riccelli, and Harris-Talley)
READ FIRST TIME 02/07/22.
1 AN ACT Relating to organic materials management; amending RCW
2 70A.205.040, 70A.205.015, 69.80.031, 69.80.040, 89.08.615,
3 43.155.020, 36.70.330, 39.30.040, 70A.455.010, 70A.455.020,
4 70A.455.040, 70A.455.050, 70A.455.060, 70A.455.070, 70A.455.080,
5 70A.455.090, 70A.455.100, and 70A.455.030; reenacting and amending
6 RCW 43.21B.110 and 43.21B.300; adding new sections to chapter 70A.205
7 RCW; adding a new section to chapter 43.21C RCW; adding a new section
8 to chapter 15.04 RCW; adding a new section to chapter 36.70A RCW;
9 adding a new section to chapter 35.63 RCW; adding a new section to
10 chapter 35A.63 RCW; adding new sections to chapter 43.19A RCW; adding
11 a new section to chapter 70A.455 RCW; adding a new chapter to Title
12 70A RCW; creating new sections; repealing RCW 70A.455.110 and
13 70A.455.900; and prescribing penalties.
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
15 NEW SECTION. Sec. 1. (1) The legislature finds that landfills
16 are a significant source of emissions of methane, a potent greenhouse
17 gas. Among other economic and environmental benefits, the diversion
18 of organic materials to productive uses will reduce methane
19 emissions.
20 (2) In order to reduce methane emissions associated with organic
21 materials, the legislature finds that it will be beneficial to
p. 1 E2SHB 1799.SL
 1 improve a variety of aspects of how organic materials and organic
2 material wastes are reduced, managed, incentivized, and regulated
3 under state law. Therefore, it is the intent of the legislature to
4 support the diversion of organic materials from landfills through a
5 variety of interventions to support productive uses of organic
6 material wastes, including by:
7 (a) Requiring some local governments to begin providing separated
8 organic material collection services within their jurisdictions in
9 order to increase volumes of organic materials collected and
10 delivered to composting and other organic material management
11 facilities and reduce the volumes of organic materials collected in
12 conjunction with other solid waste and delivered to landfills;
13 (b) Requiring local governments to consider state organic
14 material management goals and requirements in the development of
15 their local solid waste plans;
16 (c) Requiring some businesses to manage their organic material
17 wastes in a manner that does not involve landfilling them, in order
18 to address one significant source of organic materials that currently
19 frequently end up in landfills;
20 (d) Reducing legal liability risk barriers to the donation of
21 edible food in order to encourage the recovery of foods that might
22 otherwise be landfilled;
23 (e) Establishing the Washington center for sustainable food
24 management within the department of ecology in order to coordinate
25 and improve statewide food waste reduction and diversion efforts;
26 (f) Establishing various new funding and financial incentives
27 intended to increase composting and other forms of productive organic
28 materials management, helping to make the responsible management of
29 organic materials more cost-competitive with landfilling of organic
30 material wastes;
31 (g) Facilitating the siting of organic material management
32 facilities in order to ensure that adequate capacity exists to
33 process organic materials at the volumes necessary to achieve state
34 organic material diversion goals;
35 (h) Encouraging cities and counties to procure more of the
36 compost and finished products created from their organic material
37 wastes in order to support the economic viability of processes to
38 turn organic materials into finished products, and increasing the
39 likelihood that composting and other responsible organic material
40 management options are economically viable; and
p. 2 E2SHB 1799.SL
1 (i) Amending standards related to the labeling of plastic and
2 compostable products in order to reduce contamination of the waste
3 streams handled by compost and organic material management facilities
4 and improve the economic viability of those responsible organic
5 material management options.
6 PART 1
7 State Targets and Organic Material Waste Collection Requirements
8 NEW SECTION. Sec. 101. A new section is added to chapter
9 70A.205 RCW to read as follows:
10 (1)(a) The state establishes a goal for the landfill disposal of
11 organic materials at a level representing a 75 percent reduction by
12 2030 in the statewide disposal of organic material waste, relative to
13 2015 levels.
14 (b) The state establishes a goal that no less than 20 percent of
15 the volume of edible food that was disposed of as of 2015 be
16 recovered for human consumption by 2025.
17 (2) The provisions of subsection (1) of this section are in
18 addition to the food waste reduction goals of RCW 70A.205.715(1).
19 NEW SECTION. Sec. 102. A new section is added to chapter
20 70A.205 RCW to read as follows:
21 (1) Beginning January 1, 2027, in each jurisdiction that
22 implements a local solid waste plan under RCW 70A.205.040:
23 (a) Source-separated organic solid waste collection services must
24 be provided at least every other week or at least 26 weeks annually
25 to:
26 (i) All residents; and
27 (ii) Nonresidential customers that generate more than .25 cubic
28 yard per week of organic materials for management; and
29 (b) All organic solid waste collected from residents and
30 businesses under (a) of this subsection must be managed through
31 organic materials management.
32 (2) A jurisdiction may charge and collect fees or rates for the
33 services provided under subsection (1) of this section, consistent
34 with the jurisdiction's authority to impose fees and rates under
35 chapters 35.21, 35A.21, 36.58, and 36.58A RCW.
p. 3 E2SHB 1799.SL
 1 (3)(a) Except as provided in (d) of this subsection, the
2 requirements of this section do not apply in a jurisdiction if the
3 department determines that the following apply:
4 (i) The jurisdiction disposed of less than 5,000 tons of solid
5 waste in the most recent year for which data is available;
6 (ii) The jurisdiction has a total population of less than 25,000
7 people; or
8 (iii) The jurisdiction has a total population between 25,000 and
9 50,000 people and curbside organic solid waste collection services
10 are not offered in any area within the jurisdiction, as of July 1,
11 2022.
12 (b) The requirements of this section do not apply:
13 (i) In census tracts that have a population density of less than
14 75 people per square mile that are serviced by the jurisdiction and
15 located in unincorporated portions of a county, as determined by the
16 department, in counties not planning under chapter 36.70A RCW; and
17 (ii) Outside of urban growth areas designated pursuant to RCW
18 36.70A.110 in unincorporated portions of a county planning under
19 chapter 36.70A RCW.
20 (c) In addition to the exemptions in (a) and (b) of this
21 subsection, the department may issue a renewable waiver to
22 jurisdictions or portions of a jurisdiction under this subsection for
23 up to five years, based on consideration of factors including the
24 distance to organic materials management facilities, the sufficiency
25 of the capacity to manage organic materials at facilities to which
26 organic materials could feasibly and economically be delivered from
27 the jurisdiction, and restrictions in the transport of organic
28 materials under chapter 17.24 RCW. The department may adopt rules to
29 specify the type of information that a waiver applicant must submit
30 to the department and to specify the department's process for
31 reviewing and approving waiver applications.
32 (d) Beginning January 1, 2030, the department may adopt a rule to
33 require that the provisions of this section apply in the
34 jurisdictions identified in (b) and (c) of this subsection, but only
35 if the department determines that the goals established in section
36 101(1) of this act have not or will not be achieved.
37 (4) Any city that newly begins implementing an independent solid
38 waste plan under RCW 70A.205.040 after July 1, 2022, must meet the
39 requirements of subsection (1) of this section.
p. 4 E2SHB 1799.SL
 1 Sec. 103. RCW 70A.205.040 and 2010 c 154 s 2 are each amended to
2 read as follows:
3 (1) Each county within the state, in cooperation with the various
4 cities located within such county, shall prepare a coordinated,
5 comprehensive solid waste management plan. Such plan may cover two or
6 more counties. The purpose is to plan for solid waste and materials
7 reduction, collection, and handling and management services and
8 programs throughout the state, as designed to meet the unique needs
9 of each county and city in the state. When updating a solid waste
10 management plan developed under this chapter, after June 10, 2010,
11 local comprehensive plans must consider and plan for the following
12 handling methods or services:
13 (a) Source separation of recyclable materials and products,
14 organic materials, and wastes by generators;
15 (b) Collection of source separated materials;
16 (c) Handling and proper preparation of materials for reuse or
17 recycling;
18 (d) Handling and proper preparation of organic materials for
19 ((composting or anaerobic digestion)) organic materials management;
20 and
21 (e) Handling and proper disposal of nonrecyclable wastes.
22 (2) When updating a solid waste management plan developed under
23 this chapter, after June 10, 2010, each local comprehensive plan
24 must, at a minimum, consider methods that will be used to address the
25 following:
26 (a) Construction and demolition waste for recycling or reuse;
27 (b) Organic material including yard debris, food waste, and food
28 contaminated paper products for ((composting or anaerobic digestion))
29 organic materials management;
30 (c) Recoverable paper products for recycling;
31 (d) Metals, glass, and plastics for recycling; and
32 (e) Waste reduction strategies.
33 (3)(a) When newly developing, updating, or amending a
34 comprehensive solid waste management plan developed under this
35 chapter, after July 1, 2024, each local comprehensive solid waste
36 management plan must consider the transition to the requirements of
37 section 102 of this act, and each comprehensive solid waste
38 management plan implemented by a county must identify:
39 (i) The priority areas within the county for the establishment of
40 organic materials management facilities. Priority areas must be in
p. 5 E2SHB 1799.SL
 1 industrial zones, agricultural zones, or rural zones, and may not be
2 located in overburdened communities identified by the department of
3 ecology under chapter 70A.02 RCW. Priority areas should be designated
4 with an attempt to minimize incompatible uses and potential impacts
5 on residential areas; and
6 (ii) Organic materials management facility volumetric capacity
7 required to manage the county's organic materials in a manner
8 consistent with the goals of section 101 of this act.
9 (b) When newly developing, updating, or amending a comprehensive
10 solid waste management plan developed under this chapter, after
11 January 1, 2027, each local comprehensive solid waste management plan
12 must be consistent with the requirements of section 102 of this act.
13 (c)(i) Notwithstanding (a) and (b) of this subsection, and except
14 as provided in (c)(ii) of this subsection, a jurisdiction
15 implementing a local comprehensive solid waste management plan under
16 this chapter may not site the increase or expansion of any existing
17 organic materials management facility that processed more than
18 200,000 tons of material, relative to 2019 levels.
19 (ii) The limitation in (c)(i) of this subsection does not apply
20 to the siting of any anaerobic digester or anaerobic digestion
21 facility.
22 (4) Each city shall:
23 (a) Prepare and deliver to the county auditor of the county in
24 which it is located its plan for its own solid waste management for
25 integration into the comprehensive county plan;
26 (b) Enter into an agreement with the county pursuant to which the
27 city shall participate in preparing a joint city-county plan for
28 solid waste management; or
29 (c) Authorize the county to prepare a plan for the city's solid
30 waste management for inclusion in the comprehensive county plan.
31 (((4))) (5) Two or more cities may prepare a plan for inclusion
32 in the county plan. With prior notification of its home county of its
33 intent, a city in one county may enter into an agreement with a city
34 in an adjoining county, or with an adjoining county, or both, to
35 prepare a joint plan for solid waste management to become part of the
36 comprehensive plan of both counties.
37 (((5))) (6) After consultation with representatives of the cities
38 and counties, the department shall establish a schedule for the
39 development of the comprehensive plans for solid waste management. In
p. 6 E2SHB 1799.SL
1 preparing such a schedule, the department shall take into account the
2 probable cost of such plans to the cities and counties.
3 (((6))) (7) Local governments shall not be required to include a
4 hazardous waste element in their solid waste management plans.
5 NEW SECTION. Sec. 104. (1) The department of ecology must
6 contract with a third-party consultant to conduct a study of the
7 adequacy of local government solid waste management funding,
8 including options and recommendations to provide funding for solid
9 waste programs in the future if significant statewide policy changes
10 are enacted. The department must include the Washington association
11 of county solid waste managers, the association of Washington cities,
12 an association that represents the private sector solid waste
13 industry, and other stakeholders in scoping the study and reviewing
14 the consultant's findings and recommendations prior to submittal to
15 the legislature.
16 (2) The study must include:
17 (a) Consideration for jurisdictional type, location, size,
18 service level, and other relevant differences between cities and
19 counties;
20 (b) A review and update of current funding types and levels
21 available, and their rate of adoption;
22 (c) The funding needs to implement the solid waste core services
23 model developed by the Washington association of county solid waste
24 managers;
25 (d) Alternative funding models utilized by other publicly managed
26 solid waste programs in other states or countries that may be
27 relevant to Washington; and
28 (e) An evaluation of the impacts on solid waste funding resources
29 available to cities and counties from statewide solid waste
30 management policy proposals considered by the legislature or enacted
31 in the last four years, including proposals to:
32 (i) Reduce the quantity of organic waste to landfills;
33 (ii) Manage products through product stewardship or extended
34 producer responsibility programs;
35 (iii) Improve or install new or updated