HB 1799 aims to reduce food and yard waste in landfills by 75% by 2030. AWC supports the goal and continues to work with the proponents on how cities can play a role to achieve it. We appreciate the many changes legislators incorporated into the bill as it works its way through the process. While we still have concerns on the implementation details, including the cost, the bill is improving.

In summary, HB 1799 requires jurisdictions with 25,000 or more in population to provide organics collection services to all residents and certain business starting January 1, 2027. For cities that are greater than 10,000 in population, the bill mandates various compost-use requirements.

Read our previous article for more details on the original bill. The substitute proposal made the following changes:

Part 1—Collection requirements:

• Requires that collection service be provided weekly;
• Reduces the threshold for businesses that must be serviced from a half cubic yard to a quarter cubic yard;
• Added a waiver criterion that mirrors one allowed for businesses—that in addition to sufficient capacity at compost facilities, materials must be able to be feasibly and economically delivered to such facilities; and
• Adds a requirement that the Department of Ecology (Ecology) contract with a third party to conduct a study of the adequacy of local government solid waste funding.

The original version was silent on collection frequency. A statutory requirement that collection service be provided weekly for residences is counter to the industry standard for such services. The practical reason is that many residents are offered the largest cart available for organics; but more importantly, from an efficiency standpoint (financial and environmental), routes are determined to provide service using the least number of trucks and drivers possible. AWC is requesting this is either removed or collection service is changed to biweekly, as a minimum.

We appreciate the exception parity with businesses. While we believe it is the intent that the five-year waiver is renewable, AWC would like to see the language clarified. Unless there are changed circumstances within those five years, Ecology should have the authority to renew the waiver for up to five years.

Part 4—Washington Center for Sustainable Food Management:

• Removes the requirement that Ecology create an optional model ordinance language for commercial solid waste collection to incentivize organics diversion.
• Removes the SEPA exemption for jurisdictions that adopted the model ordinance.

Cities generally appreciate model ordinances because it is more cost effective for the state to create one that can be tailored to a jurisdiction than for every jurisdiction to start from scratch. AWC requests that the model ordinance be reinstated; but, at minimum, that local actions to amend ordinances to account for the expanded level of service required by this bill be exempt from SEPA.

Part 6—Facility siting:

• Amends the obligation for city comprehensive plan requirements, so that city comprehensive plans must allow the siting of facilities in priority areas identified by the county, rather than the city (Sections 603 and 604).

These types of facilities are generally not appropriate in cities, nor in the urban growth area (UGA) that cities are expected to annex over the next twenty years. These facilities will make these areas much less attractive for development. We especially do not believe that it is appropriate for those decisions to be made at the county’s determination. AWC is requesting that this language is changed to limit the siting to outside the UGA unless there is agreement by the city to site within city limits or within their surrounding UGA.

Part 7—Local procurement:

Requires local governments with more than 10,000 in population to:

• Adopt a compost procurement ordinance per RCW 43.19A.120 and include statutory specified uses;
• Develop strategies in the solid waste comprehensive plan to inform residents about the value of compost and the jurisdiction’s use of compost; and
• To report to Ecology every even-numbered year (starting December 31, 2024) on:
  • Tons of organic material diverted; and
  • Volume, cost, and source of compost purchased.

This section still requires cities to give priority to purchasing compost products from local, certified suppliers that produce compost from municipal solid waste. Per RCW 43.19A.120, local governments are already encouraged to do this, which is a more appropriate directive given the need to be fiscally responsible with the public’s funds.

AWC is requesting that this section of the bill only apply to those jurisdictions that choose to provide organics collection services and those required to comply under Part 1.

HB 1799 needs to get out of House Appropriations by Monday, February 7 to stay alive.

Please let us know if you have comments on how to continue to improve the implementation of this policy.