Published on Jan 17, 2022

Organics mandate bill aims to reduce food and yard waste in landfills

Contact: Carl Schroeder, Shannon McClelland

HB 1799 is a beast of a bill with a laudable goal – to reduce food and yard waste in landfills by 75% by 2030. AWC has been working with the proponents and the many stakeholders over the course of the interim and we appreciate the many changes that have been made to his proposal. While we still have concerns on the significant collection mandate, there are many areas of the bill that AWC supports.

The proposal, sponsored in the House by Rep. Joe Fitzgibbon (D–Burien), is so large that it is divided up into nine parts. The following parts impact cities in the following ways:

Part 1: Residential collection requirements

Starting in 2027, jurisdictions that implement a solid waste plan must provide organics collection and management services to all residents and businesses that generate more than a half cubic yard. This section:

  • Provides exceptions for jurisdictions:
    • Disposing of less than 5,000 tons
    • With 25,000 residents or less.
  • Provides a five-year waiver for jurisdictions based on:
    • Distance to organic materials management facilities
    • The capacity at the facilities to manage additional organic materials
    • Restrictions in the transport of organic materials under chapter 17.24 RCW.
  • Amends solid waste plan requirements to account for the changes in the bill.

We greatly appreciate the inclusion of the exceptions and waivers, especially for recognizing the challenges of smaller cities and the known organics processing limitations. We would like to see the language “feasibly and economically deliver organic materials from the jurisdiction” added to this section, as it is provided under Part 2 for businesses.

Part 2: Business collection requirements

This section details the requirement on businesses and will be especially important to review for those cities that either provide municipal collection or contract for those services. Business collection requirements begin in 2024 for those generating eight cubic yards or more a week.

Part 4: Washington Center for Sustainable Food Management

This section of the bill creates yet another subsect of the Department of Ecology. Part of its directive is to create an optional model ordinance language for commercial solid waste collection to incentivize organics diversion.

Part 5: Funding and incentives

  • Farm use of compost
    AWC supports this section which is focused on a three-year compost purchasing reimbursement pilot program to farms. This is our preferred approach to end-use of collected organics, rather than government purchasing mandates beyond what is established in law.
  • Public Works Assistance Account
    This section also expands eligibility for public works assistance account funding to include “composting and other organic materials management facilities.” This account is historically underfunded and AWC requests that funding accompanies this proposal.

Part 6: Facility siting

Amends the Growth Management Act’s comprehensive plan’s Land Use Element to require development regulations that are implementing comprehensive plans that are created, updated, or amended after January 1, 2023, to allow for the siting of organic materials management facilities.

Part 7: Local procurement

Requires local governments to:

  • Adopt a compost procurement ordinance per RCW 43.19A.120
  • Develop a compost procurement plan
  • Give priority to purchasing compost from certain local providers
  • When contracting for services, require the use of compost products to the maximum extent economically feasible to meet the requirements of RCW 43.19A.120.

The section has improved significantly from previous drafts that were discussed and negotiated throughout the interim. We appreciate the new direction and continue to work to refine this requirement to one that balances the multiple responsibilities of local government—namely, to be stewards of the environment and the public’s purse.

 

Date to remember


HB 1799 will be heard in the House Environment & Energy Committee on Thursday, January 20 at 1:30 pm.

  • Advocacy
  • Environment & natural resources
  • Land use & planning
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