S-1423.1
SUBSTITUTE SENATE BILL 5178
State of Washington 68th Legislature 2023 Regular Session
By Senate Transportation (originally sponsored by Senators Fortunato
and Gildon)
READ FIRST TIME 02/10/23.
1 AN ACT Relating to large debris removal from state highways; and
2 amending RCW 70A.200.060 and 70A.200.140.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 70A.200.060 and 2003 c 337 s 3 are each amended to
5 read as follows:
6 (1) It is a violation of this section to abandon a junk vehicle
7 upon any property. In addition, no person shall throw, drop, deposit,
8 discard, or otherwise dispose of litter upon any public property in
9 the state or upon private property in this state not owned by him or
10 her or in the waters of this state whether from a vehicle or
11 otherwise including but not limited to any public highway, public
12 park, beach, campground, forestland, recreational area, trailer park,
13 highway, road, street, or alley except:
14 (a) When the property is designated by the state or its agencies
15 or political subdivisions for the disposal of garbage and refuse, and
16 the person is authorized to use such property for that purpose;
17 (b) Into a litter receptacle in a manner that will prevent litter
18 from being carried away or deposited by the elements upon any part of
19 the private or public property or waters.
20 (2)(a) Except as provided in subsection (((4))) (5) of this
21 section, it is a class 3 civil infraction as provided in RCW 7.80.120
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 1 for a person to litter in an amount less than or equal to one cubic
2 foot.
3 (b) It is a misdemeanor for a person to litter in an amount
4 greater than one cubic foot but less than one cubic yard. The person
5 shall also pay a litter cleanup restitution payment equal to
6 ((twice)) four times the actual cost of cleanup, or ((fifty dollars))
7 $100 per cubic foot of litter, whichever is greater. ((The)) Except
8 as provided in subsection (3) of this section, the court shall
9 distribute one-half of the restitution payment to the landowner and
10 one-half of the restitution payment to the law enforcement agency
11 investigating the incident. The court may, in addition to or in lieu
12 of part or all of the cleanup restitution payment, order the person
13 to pick up and remove litter from the property, with prior permission
14 of the legal owner or, in the case of public property, of the agency
15 managing the property. The court may suspend or modify the litter
16 cleanup restitution payment for a first-time offender under this
17 section, if the person cleans up and properly disposes of the litter.
18 (c) It is a gross misdemeanor for a person to litter in an amount
19 of one cubic yard or more. The person shall also pay a litter cleanup
20 restitution payment equal to ((twice)) four times the actual cost of
21 cleanup, or ((one hundred dollars)) $200 per cubic foot of litter,
22 whichever is greater. ((The)) Except as provided in subsection (3) of
23 this section, the court shall distribute one-half of the restitution
24 payment to the landowner and one-half of the restitution payment to
25 the law enforcement agency investigating the incident. The court may,
26 in addition to or in lieu of part or all of the cleanup restitution
27 payment, order the person to pick up and remove litter from the
28 property, with prior permission of the legal owner or, in the case of
29 public property, of the agency managing the property. The court may
30 suspend or modify the litter cleanup restitution payment for a first-
31 time offender under this section, if the person cleans up and
32 properly disposes of the litter.
33 (d) If a junk vehicle is abandoned in violation of this section,
34 RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and
35 the penalties that may be imposed against the person who abandoned
36 the vehicle.
37 (3) For violations as described in subsection (2) of this section
38 that occur on state highways, the court shall distribute 75 percent
39 of the restitution payment to the state for deposit into the waste
40 reduction, recycling, and litter control account under RCW
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 1 70A.200.140, for purposes of large debris removal and highway cleanup
2 as provided in RCW 70A.200.140(1)(d). The court shall distribute the
3 remaining 25 percent of the restitution payment to the law
4 enforcement agency investigating the incident.
5 (4) If the violation occurs in a state park, the court shall, in
6 addition to any other penalties assessed, order the person to perform
7 ((twenty-four)) 24 hours of community restitution in the state park
8 where the violation occurred if the state park has stated an intent
9 to participate as provided in RCW 79A.05.050.
10 (((4))) (5) It is a class 1 civil infraction as provided in RCW
11 7.80.120 for a person to discard, in violation of this section,
12 potentially dangerous litter in any amount.
13 Sec. 2. RCW 70A.200.140 and 2022 c 297 s 963 are each amended to
14 read as follows:
15 (1) There is hereby created an account within the state treasury
16 to be known as the waste reduction, recycling, and litter control
17 account. Moneys in the account may be spent only after appropriation.
18 Expenditures from the waste reduction, recycling, and litter control
19 account shall be used as follows:
20 (a) Forty percent of receipts from taxes imposed in RCW 82.19.010
21 to the department of ecology, primarily for use by the departments of
22 ecology, natural resources, revenue, transportation, and corrections,
23 and the parks and recreation commission, for litter collection
24 programs under RCW 70A.200.170. The amount to the department of
25 ecology shall also be used for a central coordination function for
26 litter control efforts statewide; to support employment of youth in
27 litter cleanup as intended in RCW 70A.200.020, and for litter pick up
28 using other authorized agencies; and for statewide public awareness
29 programs under RCW 70A.200.150(7). The amount to the department shall
30 also be used to defray the costs of administering the funding,
31 coordination, and oversight of local government programs for waste
32 reduction, litter control, recycling, and composting so that local
33 governments can apply ((one hundred)) 100 percent of their funding to
34 achieving program goals. The amount to the department of revenue
35 shall be used to enforce compliance with the litter tax imposed in
36 chapter 82.19 RCW;
37 (b)(i) Twenty percent of receipts from taxes imposed in RCW
38 82.19.010 to the department for local government funding programs for
39 waste reduction, litter control, recycling activities, and composting
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 1 activities by cities and counties under RCW 70A.200.190, to be
2 administered by the department of ecology; (ii) any unspent funds
3 under (b)(i) of this subsection may be used to create and pay for a
4 matching fund competitive grant program to be used by local
5 governments for the development and implementation of contamination
6 reduction and outreach plans for inclusion in comprehensive solid
7 waste management plans or by local governments and nonprofit
8 organizations for local or statewide education programs designed to
9 help the public with litter control, waste reduction, recycling, and
10 composting of primarily the products taxed under chapter 82.19 RCW.
11 Recipients under this subsection include programs to reduce wasted
12 food and food waste that are designed to achieve the goals
13 established in RCW 70A.205.715(1) and that are consistent with the
14 plan developed in RCW 70A.205.715(3). Grants must adhere to the
15 following requirements: (A) No grant may exceed ((sixty thousand
16 dollars)) $60,000; (B) grant recipients shall match the grant funding
17 allocated by the department by an amount equal to ((twenty-five)) 25
18 percent of eligible expenses. A local government's share of these
19 costs may be met by cash or contributed services; (C) the obligation
20 of the department to make grant payments is contingent upon the
21 availability of the amount of money appropriated for this subsection
22 (1)(b); and (D) grants are managed under the guidelines for existing
23 grant programs; ((and))
24 (c) Forty percent of receipts from taxes imposed in RCW 82.19.010
25 to the department of ecology to: (i) Implement activities under RCW
26 70A.200.150 for waste reduction, recycling, and composting efforts;
27 (ii) provide technical assistance to local governments and commercial
28 businesses to increase recycling markets and recycling and composting
29 programs primarily for the products taxed under chapter 82.19 RCW
30 designed to educate citizens about waste reduction, litter control,
31 and recyclable and compostable products and programs; (iii) increase
32 access to waste reduction, composting, and recycling programs,
33 particularly for food packaging and plastic bags and appropriate
34 composting techniques; and (iv) for programs to reduce wasted food
35 and food waste that are designed to achieve the goals established in
36 RCW 70A.205.715(1) and that are consistent with the plan developed in
37 RCW 70A.205.715(3); and
38 (d)(i) One hundred percent of receipts from litter cleanup
39 restitution payments as provided in RCW 70A.200.060(3) to the
40 department of transportation:
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 1 (A) For prevention and cleanup of highway debris, with an
2 increased focus on large debris;
3 (B) To establish a method to remove large debris from state
4 highways;
5 (C) To remove large debris from state highways; and
6 (D) To cover traffic control and disposal costs.
7 (ii) For the purposes of (d)(i) of this subsection, "large
8 debris" means debris that would be hazardous to motorcycles
9 including, but not limited to, wood debris, pallets, furniture,
10 vehicle parts, tires, tire pieces, or other debris that is visibly
11 noticeable to drivers. "Large debris" does not include small items of
12 litter such as paper products.
13 (2) All taxes imposed in RCW 82.19.010 and fines and bail
14 forfeitures collected or received pursuant to this chapter shall be
15 deposited in the waste reduction, recycling, and litter control
16 account and used for the programs under subsection (1) of this
17 section.
18 (3) For violations as described in RCW 70A.200.060(2) that occur
19 on state highways, the court shall distribute 75 percent of the
20 restitution payment to the state for deposit into the waste
21 reduction, recycling, and litter control account and used for the
22 purposes under subsection (1)(d) of this section. The court shall
23 distribute the remaining 25 percent of the restitution payment to the
24 law enforcement agency investigating the incident.
25 (4) Not less than five percent and no more than ((ten)) 10
26 percent of the amount appropriated into the waste reduction,
27 recycling, and litter control account every biennium shall be
28 reserved for capital needs, including the purchase of vehicles for
29 transporting crews and for collecting litter and solid waste. Capital
30 funds shall be distributed among state agencies and local governments
31 according to the same criteria provided in RCW 70A.200.170 for the
32 remainder of the funds, so that the most effective waste reduction,
33 litter control, recycling, and composting programs receive the most
34 funding. The intent of this subsection is to provide funds for the
35 purchase of equipment that will enable the department to account for
36 the greatest return on investment in terms of reaching a zero litter
37 goal.
38 (((4))) (5) Funds in the waste reduction, recycling, and litter
39 control account, collected under chapter 82.19 RCW, must be
40 prioritized for the products identified under RCW 82.19.020 solely
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 1 for the purposes of recycling, composting, and litter collection,
2 reduction, and control programs.
3 (((5))) (6) During the 2021-2023 fiscal biennium, Washington
4 State University may use funds in the waste reduction, recycling, and
5 litter control account, collected under chapter 82.19 RCW, to conduct
6 an organic waste study.
7 (((6))) (7) During the 2021-2023 fiscal biennium, and as an
8 exception to the distribution of expenditures otherwise required in
9 this section, the department of ecology may use funds in the waste
10 reduction, recycling, and litter control account to continue a series
11 of food waste reduction campaigns, to continue to invest in litter
12 prevention campaigns, to conduct a recycling study, and to increase
13 litter control on state highways.
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Statutes affected:
Original Bill: 70A.200.060, 70A.205.425, 70A.200.140
Substitute Bill: 70A.200.060, 70A.200.140