Waste material management

AN ACT Relating to improving outcomes associated with waste 1
material management systems, including organic materials management 2
systems; amending RCW 70A.207.050, 70A.205.540, 70A.205.545, 3
15.64.060, and 28A.235.180; adding a new section to chapter 70A.207 4
RCW; adding new sections to chapter 70A.205 RCW; adding a new section 5
to chapter 19.27 RCW; adding new sections to chapter 28A.235 RCW; 6
adding a new chapter to Title 15 RCW; creating a new section; and 7
prescribing penalties. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
NEW SECTION. Sec. 1. The legislature finds that the state has 10
established goals for the reduction of food waste and wasted food, 11
and management of organic materials. The legislature also finds that 12
it has enacted significant policies in recent years that are already 13
showing promise in helping the state to achieve its food waste, 14
wasted food, and organic materials management goals. More work, 15
however, remains to be done in the organic materials management 16
space, including the refinement of policies enacted in recent years 17
to make the envisioned programs more efficient, implementable, 18
comprehensive, and effective. Therefore, it is the intent of the 19
legislature to take another step forward on the path toward more 20
environmentally and economically sustainable food and organic 21
H-0676.1
HOUSE BILL 1497
State of Washington 69th Legislature 2025 Regular Session
By Representatives Doglio, Reeves, Berry, Reed, Parshley, Ramel,
Pollet, Hill, and Scott
Read first time 01/22/25. Referred to Committee on Environment &
Energy.
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materials management systems by enacting additional incremental 1
policy changes to this end. 2
SOURCE SEPARATION AND CONTAMINATION EDUCATION AND OUTREACH PROGRAM3
NEW SECTION. Sec. 2. A new section is added to chapter 70A.207 4
RCW to read as follows: 5
(1) The department must develop an education and outreach program 6
focused on residential organics source separation participation and 7
contamination reduction. 8
(2) The education and outreach program must include:9
(a) An assessment of barriers and motivators for the source 10
separation of food scraps, which must include researching different 11
terminologies, technologies, and strategies for representative 12
audiences; 13
(b) Pilot strategies to motivate residents to increase the 14
diversion of organic materials to productive uses while reducing 15
contamination; and 16
(c) A toolkit for counties and cities to voluntarily implement 17
that can be customized for different geographies and audiences. As 18
part of the toolkit, the department must develop recommended 19
performance metrics for use by counties and cities to measure 20
residential organic materials diversion to productive uses, including 21
the percentage of food waste that is appropriately source-separated 22
and levels of contamination. 23
(3) The department must hire an independent third party to:24
(a) Conduct the assessment specified in subsection (2)(a) of this 25
section; and 26
(b) Develop the education and outreach program specified in 27
subsection (1) of this section. 28
(4) No later than January 1, 2029, the department must implement 29
a statewide education campaign that compliments the county and city 30
education toolkit developed under subsection (2)(c) of this section.31
ORGANICS GRANT PROGRAM ELIGIBILITY32
Sec. 3. RCW 70A.207.050 and 2024 c 341 s 202 are each amended to 33
read as follows: 34
(1) The department, through the center, must develop and 35
administer grant programs to support the implementation of the 36
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requirements of this act, chapter 341, Laws of 2024 , and chapter 180, 1
Laws of 2022, with priority given to grants that support the 2
implementation of RCW 70A.205.540 and 70A.205.545. Eligible 3
recipients of grants under this section may include businesses that 4
are subject to organic material management requirements, local 5
governments, federally recognized Indian tribes and federally 6
recognized Indian tribal government entities, nonprofit 7
organizations, or organic material management facilities. Eligible 8
expenses by grant recipients include education, outreach, technical 9
assistance, indoor and outdoor infrastructure, transportation and 10
processing infrastructure, and enforcement costs. 11
(2) The department may not require, as a condition of financial 12
assistance under this section, that matching funds be made available 13
by a local government recipient. The department must provide 14
assistance to each local government that demonstrates eligibility for 15
grant assistance under this section. 16
(3) An entity that is not in compliance with the requirements of 17
section 4 of this act is not eligible to receive funding under this 18
section.19
(4) The department must require, as a condition of receiving 20
financial assistance under this section, that a local government 21
recipient provide performance metric data specified in section 22
2(2)(c) of this act to the department. The department must adopt 23
rules to identify the minimum measurement and reporting requirements 24
under this subsection necessary for a local government recipient to 25
be eligible for funding under this section.26
COLLECTION BIN LIDS AND LABELS27
NEW SECTION. Sec. 4. A new section is added to chapter 70A.205 28
RCW to read as follows: 29
(1)(a) Beginning January 1, 2028, in each jurisdiction planning 30
under this chapter, except in any county with a population of at 31
least 200,000 that shares a border with Canada, the indoor or outdoor 32
containers, including lids, smaller than 101 gallons provided to 33
customers for collection services, including multifamily, commercial, 34
government, and other public places, institutional, and curbside 35
residential collection services, must be provided in a color-coded 36
manner consistent with the requirements of subsection (2) of this 37
section in order to reduce contamination. 38
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(b) A jurisdiction or solid waste collection company is not 1
required to replace a functional container or lid to match the 2
coloring requirements in subsection (2) of this section.3
(c) Jurisdictions and solid waste collection companies are 4
encouraged, prior to January 1, 2028, to provide solid waste 5
collection containers, including lids, that are consistent with 6
subsection (2) of this section. 7
(2)(a)(i) In a jurisdiction where source-separated recyclable 8
materials and source-separated organic materials are collected 9
separately, a gray or black container may be used only for the 10
collection of solid waste that is not a source-separated recyclable 11
material or a source-separated organic material; 12
(ii) In a jurisdiction where source-separated recyclable 13
materials or organic materials are not collected separately, a gray 14
or black container may be used for any solid waste, including organic 15
material or recyclable material that is not separately collected in 16
the jurisdiction. 17
(b) A blue container may be used only for source-separated 18
recyclable materials. The contents of the blue container must be 19
intended for transport, directly or indirectly, to a facility that 20
recovers the materials designated for collection in the blue 21
container. 22
(c) A green or brown container may be used only for source-23
separated organic materials and the contents of green or brown-lidded 24
containers must be intended for transport, directly or indirectly, to 25
an organic materials management facility. 26
(d)(i) A color other than green, brown, blue, black, or gray may 27
be used only in accordance with any statewide standards that the 28
department elects to develop. 29
(ii) A jurisdiction may petition the department to continue the 30
use of a dark green color for solid waste other than source-separated 31
recyclable materials, and the department must grant the petition upon 32
determining that the dark green color is easily distinguishable from 33
a light green or brown color used by the jurisdiction for source-34
separated organic materials. 35
(e) The department may determine the appropriate container color 36
to be used for materials that could conceivably be placed in multiple 37
types of containers specified in (a) through (d) of this subsection.38
(3)(a) By January 1, 2027, each container for curbside, 39
commercial, or public place waste collection must bear a clear and 40
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conspicuous label on each container and lid, using background colors 1
or a font that matches the coloring arrangement for containers and 2
lids specified in subsection (2) of this section, specifying what 3
materials are allowed to be placed in the container. The requirements 4
of this subsection (3) may be satisfied by: 5
(i) A label placed on a container that includes either written 6
text or graphic images, or both, that indicate the primary materials 7
accepted in that container; or 8
(ii) Imprinted text or graphic images that indicate the primary 9
materials accepted in that container. 10
(b) A container with a volume of at least one cubic yard must 11
feature an area with a minimum of one foot by one foot area that 12
contains the label required in (a) of this subsection, and label text 13
with a font height of at least 10 inches. 14
(c) A container that is located indoors and does not have a lid 15
or that contains multiple compartments must feature a visible label 16
placed in proximity to the location in which solid waste is intended 17
to be deposited. 18
(4) The department must provide model labeling text and graphic 19
images for optional use by local governments and solid waste 20
collection companies that meets the requirements of this section.21
(5) Carpets, noncompostable paper, and hazardous wood waste may 22
not be collected in a green or brown container. The department may 23
adopt rules to prohibit additional waste stream contaminants from 24
being placed in a green or brown container or a blue container.25
(6) Notwithstanding the applicability of an exemption under 26
subsections (1) through (3) of this section, the contents of 27
containers used for the collection of source-separated recyclable 28
materials must be intended for transport to a facility that recovers 29
the corresponding materials, and the contents of containers used for 30
the collection of organic materials must be transported, directly or 31
indirectly, to an organic materials management facility.32
(7) The definitions in this subsection apply throughout this 33
section unless the context clearly requires otherwise.34
(a)(i) "Blue container" means a container where the body of the 35
container is blue and the lid is blue or black in color.36
(ii) Hardware, such as hinges and wheels on a blue-lidded 37
container, may be any color. 38
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(b)(i) "Green or brown container" means a container where the 1
body of the container is green or brown and the lid is green, brown, 2
or black in color. 3
(ii) Hardware, such as hinges and wheels on a green or brown-4
lidded container, may be any color. 5
(c)(i) "Gray or black container" means a container where the body 6
of the container is gray or black and the lid is gray or black in 7
color. 8
(ii) Hardware, such as hinges and wheels on a gray or black-9
lidded container, may be any color. 10
(iii) A galvanized metal container or lid that is unpainted and 11
gray or silver in appearance is considered to be a gray container or 12
lid for purposes of this section. 13
MULTIFAMILY SERVICE OBLIGATIONS14
Sec. 5. RCW 70A.205.540 and 2024 c 341 s 301 are each amended to 15
read as follows: 16
(1) Except as provided in subsection (3) of this section, in each 17
jurisdiction that implements a local solid waste plan under RCW 18
70A.205.040: 19
(a) Beginning April 1, 2027, source-separated organic solid waste 20
collection services are required to be provided year-round to:21
(i) All single-family residents; and 22
(ii) Nonresidential customers that generate more than .25 cubic 23
yards per week of organic materials for management;24
(b)(i) The department may, by waiver, reduce the collection 25
frequency requirements in (a) of this subsection for the collection 26
of dehydrated food waste or to address food waste managed through 27
other circumstances or technologies that will reduce the volume or 28
odor, or both, of collected food waste. 29
(ii) All organic solid waste collected from single-family 30
residents and businesses under this subsection must be managed 31
through organic materials management; 32
(c) Beginning April 1, 2030, the source-separated organic solid 33
waste collection services specified in (a) of this subsection must be 34
provided ((to customers )) on a nonelective basis to customers that 35
receive other curbside solid waste services , except that a 36
jurisdiction may grant an exemption to a customer that certifies to 37
the jurisdiction that the customer is managing organic material waste 38
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on-site or self-hauling its own organic material waste for organic 1
materials management; 2
(d) Beginning April 1, 2030, each jurisdiction's source-separated 3
organic solid waste collection service must include the acceptance of 4
food waste year-round. The jurisdiction may choose to collect food 5
waste source-separated from other organic materials or may collect 6
food waste commingled with other organic materials; and7
(e) Beginning April 1, 2030, all persons, when using curbside 8
collection for disposal, may use only source-separated organic solid 9
waste collection services to discard unwanted organic materials. By 10
January 1, 2027, the department must develop guidance under which 11
local jurisdictions may exempt persons from this requirement if 12
organic materials will be managed through an alternative mechanism 13
that provides equal or better environmental outcomes. Nothing in this 14
section precludes the ability of a person to use on-site composting, 15
the diversion of organic materials to animal feed, self-haul organic 16
materials to a facility, or other means of beneficially managing 17
unwanted organic materials. For the purposes of this subsection 18
(1)(e), "person" or "persons" does not include multifamily 19
residences, who are instead subject to the provisions of subsection 20
(5) of this section. 21
(2) A jurisdiction may charge and collect fees or rates for the 22
services provided under subsection (1) of this section, consistent 23
with the jurisdiction's authority to impose fees and rates under 24
chapters 35.21, 35A.21, 36.58, and 36.58A RCW. 25
(3)(a) Except as provided in (e) of this subsection, the 26
requirements of this section do not apply in a jurisdiction if the 27
department determines that the following apply: 28
(i) The jurisdiction disposed of less than 5,000 tons of solid 29
waste in the most recent year for which data is available; or30
(ii) The jurisdiction has a total population of less than 25,000 31
people. 32
(b) The requirements of this section do not apply:33
(i) In census tracts that have a population density of less than 34
75 people per square mile that are serviced by the jurisdiction and 35
located in unincorporated portions of a county, as determined by the 36
department, in counties not planning under chapter 36.70A RCW;37
(ii) In census tracts that have a population density of greater 38
than 75 people per square mile, where the census tract includes 39
jurisdictions that meet any of the conditions in (a)(i) and (ii) of 40
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this subsection, that are serviced by the jurisdiction and located in 1
unincorporated portions of a county, as determined by the department, 2
in counties not planning under chapter 36.70A RCW; 3
(iii) Outside of urban growth areas designated pursuant to RCW 4
36.70A.110 in unincorporated portions of a county planning under 5
chapter 36.70A RCW; 6
(iv) Inside of unincorporated urban growth areas for 7
jurisdictions planning under chapter 36.70A RCW that meet any of the 8
conditions in (a)(i) and (ii) of this subsection; and9
(v) In unincorporated urban growth areas in counties with an 10
unincorporated population of less than 25,000 people.11
(c) A jurisdiction that collects organic materials, but that does 12
not collect organic materials on a year-round basis as of January 1, 13
2024, is not required to provide year-round organic solid waste 14
collection services if it provides those services at least 26 weeks 15
annually. 16
(d) In addition to the exemptions in (a) through (c) of this 17
subsection, the department may issue a renewable waiver to 18
jurisdictions or portions of a jurisdiction under this subsection for 19
up to five years, based on consideration of factors including the 20
distance to organic materials management facilities, the sufficiency 21
of the capacity to manage organic materials at facilities to which 22
organic materials could feasibly and economically be delivered from 23
the jurisdiction, and restrictions in the transport of organic 24
materials under chapter 17.24 RCW. The department may adopt rules to 25
specify the type of information that a waiver applicant must submit 26
to the department and to specify the department's process for 27
reviewing and approving waiver applications. 28
(e) Beginning January 1, 2030, the department may adopt a rule to 29
require that the provisions of this section apply in the 30
jurisdictions identified in (b) through (d) of this subsection, but 31
only if the department determines that the goals established in RCW 32
70A.205.007(1) have not or will not be achieved. 33
(4) Any city that newly begins implementing an independent solid 34
waste plan under RCW 70A.205.040 after July 1, 2022, must meet the 35
requirements of subsection (1) of this section. 36
(5) Jurisdictions planning together or independently that submit 37
a preliminary draft solid waste management plan to the department 38
under RCW 70A.205.040 and 70A.205.055(1) after the effective date of 39
this section must include programs and establish a timeline to 40
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implement a phase-in to require collection of source-separated 1
organic materials from multifamily residences in areas subject to the 2
organic materials management requirements of subsections (1) and (3) 3
of this section. The programs and phase-in established under this 4
subsection must include required collection of source-separated 5
organic materials from all newly constructed "or substantially 6
remodeled" multifamily residential buildings certified for occupancy 7
after the local solid waste plan update takes effect. For purposes of 8
this subsection (5), "substantially remodeled" means a remodeled 9
building for which the total cost exceeds one-half of the assessed 10
value of the building for property tax purposes at the time the 11
contract for the remodel work was made. 12
(6) Nothing in this section affects the authority or duties of 13
the department of agriculture related to pest and noxious weed 14
control and quarantine measures under chapter 17.24 RCW.15
(((6))) (7) No penalty may be assessed on an individual or 16
resident for the improper disposal of organic materials under 17
subsection (1) of this section in a noncommercial or residential 18
setting. 19
(((7))) (8) The department must adopt new rules or amend existing 20
rules adopted under this chapter establishing permit requirements for 21
organic materials management facilities requiring a solid waste 22
handling permit addressing contamination associated with incoming 23
food waste feedstocks and finished products, for environmental 24
benefit. 25
STATE BUILDING CODE OBLIGATIONS26
NEW SECTION. Sec. 6. A new section is added to chapter 19.27 27
RCW to read as follows: 28
The state building code must facilitate the collection of source-29
separated organic materials from new multifamily residential and 30
commercial buildings, consistent with the requirements of RCW 31
70A.205.540 and the goals of RCW 70A.205.007. A city or county may 32
amend the requirements established under this section in order to 33
maintain consistency with requirements established by the city or 34
county under section 7 of this act. 35
BUILDING OWNER/OPERATOR OBLIGATIONS36
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NEW SECTION. Sec. 7. A new section is added to chapter 70A.205 1
RCW to read as follows: 2
The governing body of each county or city may require the owners 3
or operators of new or existing multifamily residential buildings to 4
do any combination of the following: 5
(1) Provide adequate space for the colocation of organic 6
materials waste and recycling collection containers with garbage 7
containers, or in the absence of colocation, requiring the posting of 8
signage notifying residents of where organic materials waste and 9
recycling containers are located; 10
(2) Identify organic materials waste collection containers with 11
appropriate and accurate signage and color to differentiate between 12
organic materials waste, recycling, and garbage collection 13
containers; or 14
(3) Annually provide waste sorting educational material to 15
building residents. 16
BUSINESS ORGANIC MANAGEMENT17
Sec. 8. RCW 70A.205.545 and 2024 c 341 s 302 are each amended to 18
read as follows: 19
(1)(a) Beginning July 1, 2023, and each July 1st thereafter, the 20
department must determine which counties and any cities preparing 21
independent solid waste management plans: 22
(i) Provide for businesses to be serviced by providers that 23
collect food waste and organic material waste for delivery to solid 24
waste facilities that provide for the organic materials management of 25
organic material waste and food waste; and 26
(ii) Are serviced by solid waste facilities that provide for the 27
organic materials management of organic material waste and food waste 28
and have year-round capacity to process and are willing to accept 29
increased volumes of organic materials deliveries.30
(b)(i) The department must determine and designate that the 31
restrictions of this section apply to businesses in a jurisdiction 32
unless the department determines that the businesses in some or all 33
portions of the city or county have: 34
(A) No available businesses that collect and deliver organic 35
materials to solid waste facilities that provide for the organic 36
materials management of organic material waste and food waste; or37
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(B) No available capacity at the solid waste facilities to which 1
businesses that collect and deliver organic materials could feasibly 2
and economically deliver organic materials from the jurisdiction.3
(ii)(A) In the event that a county or city provides a written 4
request and supporting evidence to the department determining that 5
the criteria of (b)(i)(A) of this subsection are met, and the 6
department confirms this determination, then the restrictions of this 7
section apply only in those portions of the jurisdiction that have 8
available service-providing businesses. 9
(B) In the event that a county or city provides a written request 10
and supporting evidence to the department determining that the 11
criteria of (b)(i)(B) of this subsection are met, and the department 12
confirms this determination, then the restrictions of this section do 13
not apply to the jurisdiction. 14
(c) The department must make the result of the annual 15
determinations required under this section available on its website.16
(d) The requirements of this section may be enforced by 17
jurisdictional health departments ((consistent with this chapter )) or 18
a jurisdiction implementing a plan under this chapter, except that:19
(i) A jurisdictional health department may not charge a fee to 20
permit holders to cover the costs of the jurisdictional health 21
department's administration or enforcement of the requirements of 22
this section; and 23
(ii) Prior to issuing a penalty under this section, a 24
jurisdictional health department or a jurisdiction implementing a 25
plan under this chapter must provide at least two written notices of 26
noncompliance with the requirements of this section to the owner or 27
operator of a business subject to the requirements of this section.28
(2)(a)(i) Beginning January 1, 2024, a business that generates at 29
least eight cubic yards of organic material waste per week must 30
arrange for organic materials management services specifically for 31
organic material waste; 32
(ii) Beginning January 1, 2025, a business that generates at 33
least four cubic yards of organic material waste per week must 34
arrange for organic materials management services specifically for 35
organic material waste; and 36
(iii) Beginning January 1, 2026, a business that generates at 37
least 96 gallons of organic material waste per week shall arrange for 38
organic materials management services specifically for organic 39
material waste, unless the department determines, by rule, that 40
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additional reductions in the landfilling of organic materials would 1
be more appropriately and effectively achieved, at reasonable cost to 2
regulated businesses, through the establishment of a different 3
volumetric threshold of organic waste material than the threshold of 4
96 gallons of organic material waste per week. 5
(b) The following wastes do not count for purposes of determining 6
waste volumes in (a) of this subsection: 7
(i) Wastes that are managed on-site by the generating business;8
(ii) Wastes generated from the growth and harvest of food or 9
fiber that are managed off-site by another business engaged in the 10
growth and harvest of food or fiber; 11
(iii) Wastes that are managed by a business that enters into a 12
voluntary agreement to sell or donate organic materials to another 13
business for off-site use; 14
(iv) Wastes generated in exceptional volumes as a result of a 15
natural disaster or other infrequent and unpreventable event; and16
(v) Wastes generated as a result of a food safety event, such as 17
a product recall, that is due to foreign material or adverse 18
biological activity that requires landfill destruction rather than 19
organic material management. 20
(3) A business may fulfill the requirements of this section by:21
(a) Source separating organic material waste from other waste, 22
subscribing to a service that includes organic material waste 23
collection and organic materials management, and using such a service 24
for organic material waste generated by the business;25
(b) Managing its organic material waste on-site or self-hauling 26
its own organic material waste for organic materials management;27
(c) Qualifying for exclusion from the requirements of this 28
section consistent with subsection (1)(b) of this section; or29
(d) For a business engaged in the growth, harvest, or processing 30
of food or fiber, entering into a voluntary agreement to sell or 31
donate organic materials to another business for off-site use.32
(4)(a) A business generating organic material waste shall arrange 33
for any services required by this section in a manner that is 34
consistent with state and local laws and requirements applicable to 35
the collection, handling, or recycling of solid and organic material 36
waste. 37
(b) Nothing in this section requires a business to dispose of 38
materials in a manner that conflicts with federal or state public 39
health or safety requirements. Nothing in this section requires 40
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businesses to dispose of wastes generated in exceptional volumes as a 1
result of a natural disaster or other infrequent and unpreventable 2
event through the options established in subsection (3) of this 3
section. Nothing in this section prohibits a business from disposing 4
of nonfood organic materials that are not commingled with food waste 5
by using the services of an organic materials management facility 6
that does not accept food waste. 7
(5) When arranging for gardening or landscaping services, the 8
contract or work agreement between a business subject to this section 9
and a gardening or landscaping service must require that the organic 10
material waste generated by those services be managed in compliance 11
with this chapter. 12
(6)(a) This section does not limit the authority of a local 13
governmental agency to adopt, implement, or enforce a local organic 14
material waste recycling requirement, or a condition imposed upon a 15
self-hauler, that is more stringent or comprehensive than the 16
requirements of this chapter. 17
(b) This section does not modify, limit, or abrogate in any 18
manner any of the following: 19
(i) A franchise granted or extended by a city, county, city and 20
county, or other local governmental agency; 21
(ii) A contract, license, certificate, or permit to collect solid 22
waste previously granted or extended by a city, county, city and 23
county, or other local governmental agency; 24
(iii) The right of a business to sell or donate its organic 25
materials; and 26
(iv) A certificate of convenience and necessity issued to a solid 27
waste collection company under chapter 81.77 RCW. 28
(c) Nothing in this section modifies, limits, or abrogates the 29
authority of a local jurisdiction with respect to land use, zoning, 30
or facility siting decisions by or within that local jurisdiction.31
(d) Nothing in this section changes or limits the authority of 32
the Washington utilities and transportation commission to regulate 33
collection of solid waste, including curbside collection of 34
residential recyclable materials, nor does this section change or 35
limit the authority of a city or town to provide the service itself 36
or by contract under RCW 81.77.020. 37
(7)(a) The department must create and publish on its website:38
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(i) The methodology used to determine the businesses that are 1
required to manage organic materials in a manner consistent with the 2
requirements of this section; and3
(ii) A list of businesses that are likely to be required to 4
manage organic materials in a manner consistent with the requirements 5
of this section. This list is for purposes of outreach assistance but 6
need not represent a complete or determinative list of businesses 7
required to comply with the requirements of this section.8
(b) The department may hire an independent third party to support 9
the implementation of the responsibilities described in (a) of this 10
subsection.11
(c) The list created and published under (a) of this subsection 12
must be designed in a manner that facilitates:13
(i) Education and outreach by solid waste collection companies, 14
jurisdictional health departments, and local governments; and15
(ii) Enforcement by jurisdictional health departments and 16
jurisdictions implementing a plan under this chapter.17
(d)(i) In support of the creation of this list, the department 18
may require a solid waste collection company to furnish information 19
that will assist the department in determining the applicability of 20
the requirements of this section to businesses that are currently 21
receiving collection services for organic materials management from 22
the solid waste collection company.23
(ii) A solid waste collection company that submits information or 24
records to the department under this section may request that the 25
information or records be made available only for the confidential 26
use of the department, the director, or the appropriate division of 27
the department. The director shall give consideration to the request 28
and if this action is not detrimental to the public interest and is 29
otherwise within accord with the policies and purposes of chapter 30
43.21A RCW, the director must grant the request for the information 31
to remain confidential as authorized in RCW 43.21A.160.32
(8)(a) A business in violation of the requirements of this 33
section is subject to a minimum civil penalty, imposed by a 34
jurisdiction implementing a plan under this chapter or a 35
jurisdictional health department, in an amount of:36
(i) $500 for each day of violation for a first penalized 37
violation by a business;38
(ii) $750 for each day of violation for a second penalized 39
violation by a business;40
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(iii) $1,000 for each day of violation for a third or subsequent 1
penalized violation by a business.2
(b) A jurisdictional health department or jurisdiction enforcing 3
the requirements of this section may adopt civil penalties that 4
exceed the minimum penalties specified in (a) of this subsection.5
(c) Prior to imposing a civil penalty under this section, a 6
jurisdictional health department or jurisdiction implementing a plan 7
under this chapter must issue at least two notices of violation by 8
certified mail.9
(d) The department may not impose a penalty on a solid waste 10
collection company related to their obligation to disclose 11
information to the department under subsection (7)(d) of this 12
section.13
(9) The definitions in this subsection apply throughout this 14
section unless the context clearly indicates otherwise.15
(a)(i) "Business" means a commercial or public entity including, 16
but not limited to, a firm, partnership, proprietorship, joint stock 17
company, corporation, or association that is organized as a for-18
profit or nonprofit entity. 19
(ii) "Business" does not include a multifamily residential 20
entity. 21
(b) "Food waste" has the same meaning as defined in RCW 22
70A.205.715. 23
SUSTAINABLE FARM FUNDING24
NEW SECTION. Sec. 9. (1) A public or private entity may 25
establish an optional sustainable farm funding program in which the 26
entity or a customer of the entity may make a voluntary donation, 27
including in the form of a set or percentage surcharge, such as one 28
dollar or one percent, to be added to a customer's bill, such as a 29
bill for food services.30
(2) A public or private entity that establishes a program under 31
this section and communicates to a customer that it is a participant 32
in a sustainable farm funding program must deposit all collections 33
from the program in the sustainable farm funding account created in 34
section 10 of this act. 35
(3) Donations made under a program established in this section 36
must be voluntary and may be refused by a customer, but may be 37
presented to the customer as an opt-out donation. 38
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SUSTAINABLE FARM FUNDING II1
NEW SECTION. Sec. 10. The sustainable farm funding account is 2
created in the state treasury. All receipts of money directed to the 3
account must be deposited in the account, including collections under 4
section 9 of this act, grants, and gifts. Expenditures from the 5
account may be used only for funding voluntary state programs that 6
incentivize agricultural practices and technologies that sequester 7
carbon in soil including, but not limited to, the sustainable farms 8
and fields grant program established in RCW 89.08.615 and the compost 9
reimbursement program established in RCW 15.04.420. Moneys in the 10
account may be spent only after appropriation.11
SCHOOL FOOD WASTE I12
NEW SECTION. Sec. 11. A new section is added to chapter 28A.235 13
RCW to read as follows: 14
(1) The office of the superintendent of public instruction shall 15
identify or develop open educational resources for use by schools to 16
integrate mathematics, science, social-emotional, environmental and 17
sustainability, and social studies content standards to help support 18
and prioritize food waste reduction in schools. 19
(2)(a) Subject to appropriations, the office of the 20
superintendent of public instruction must provide grants to support 21
food waste reduction efforts. Grant funding may be used for 22
installation and maintenance of food waste reduction infrastructure 23
and food waste reduction educational resources. Infrastructure may 24
include, but is not limited to, food processing and preservation 25
equipment, dishwasher, refrigerator, oven, range, coolers, and milk 26
dispensers, and electrical upgrades for food waste prevention 27
equipment. Food waste reduction educational resources may include, 28
but are not limited to, education and staff professional learning, 29
student green team support, and contracted implementation support.30
(b) Grants must prioritize applications that demonstrate both 31
anticipated food waste reductions and reduced expenditures on food or 32
associated packaging or service ware. 33
SCHOOL FOOD WASTE II34
p. 16 HB 1497
NEW SECTION. Sec. 12. A new section is added to chapter 28A.235 1
RCW to read as follows: 2
By January 1, 2027, the office of the superintendent of public 3
instruction must leverage existing programs to identify food waste 4
reduction educational best practices and ways to overcome food waste 5
reduction barriers in schools. 6
SCHOOL FOOD WASTE III7
Sec. 13. RCW 15.64.060 and 2015 c 225 s 9 are each amended to 8
read as follows: 9
(1) A farm-to-school program is created within the department to 10
facilitate increased procurement of Washington grown food by schools.11
(2) The department, in consultation with the department of 12
health, the office of the superintendent of public instruction, the 13
department of enterprise services, and Washington State University, 14
shall, in order of priority: 15
(a) Identify and develop policies and procedures to implement and 16
evaluate the farm-to-school program, including coordinating with 17
school procurement officials, buying cooperatives, and other 18
appropriate organizations to develop uniform procurement procedures 19
and materials, and practical recommendations to facilitate the 20
purchase of Washington grown food by the common schools. These 21
policies, procedures, and recommendations shall be made available to 22
school districts to adopt at their discretion; 23
(b) Assist food producers, distributors, and food brokers to 24
market Washington grown food to schools by informing them of food 25
procurement opportunities, bid procedures, school purchasing 26
criteria, and other requirements; 27
(c) Assist schools in connecting with local producers by 28
informing them of the sources and availability of Washington grown 29
food, including food that might be going to waste including, but not 30
limited to, grade B produce, as allowed by federal regulations and 31
local requirements, as well as the nutritional, environmental, and 32
economic benefits of purchasing Washington grown food;33
(d) Identify and recommend mechanisms that will increase the 34
predictability of sales for producers and the adequacy of supply for 35
purchasers; 36
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(e) Identify and make available existing curricula, programs and 1
publications that educate students on the nutritional, environmental, 2
and economic benefits of preparing and consuming locally grown food;3
(f) Support efforts to advance other farm-to-school connections 4
such as school gardens or farms and farm visits; and5
(g) As resources allow, seek additional funds to leverage state 6
expenditures. 7
(3) The department in cooperation with the office of the 8
superintendent of public instruction shall collect data on the 9
activities conducted pursuant to chapter 215, Laws of 2008 and 10
communicate such data biennially to the appropriate committees of the 11
legislature beginning November 15, 2009. Data collected may include 12
the numbers of schools and farms participating and any increases in 13
the procurement of Washington grown food by the common schools.14
(4) As used in this section, RCW 28A.335.190, and 28A.235.170, 15
"Washington grown" means grown and packed or processed in Washington.16
SCHOOL FOOD WASTE IV17
Sec. 14. RCW 28A.235.180 and 2018 c 8 s 8 are each amended to 18
read as follows: 19
(1) Subject to the availability of amounts appropriated for this 20
specific purpose, the office of the superintendent of public 21
instruction may coordinate with the department of agriculture to 22
promote and facilitate new and existing regional markets programs, 23
including farm-to-school initiatives established in accordance with 24
RCW 15.64.060, and small farm direct marketing assistance in 25
accordance with RCW 15.64.050. In coordinating with the department of 26
agriculture, the office of the superintendent of public instruction 27
is encouraged to provide technical assistance, including outreach and 28
best practices strategies, to school districts with farm-to-school 29
initiatives. 30
(2) Subject to the availability of amounts appropriated for this 31
specific purpose, the regional markets programs of the department of 32
agriculture must be a centralized connection point for schools and 33
other institutions for accessing and sharing information, tools, 34
ideas, and best practices for purchasing Washington-grown food.35
(a) In accordance with this subsection (2), program staff from 36
the department of agriculture may provide: 37
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(i) Scale-appropriate information and resources to farms to help 1
them respond to the growing demand for local and direct marketed 2
products; and 3
(ii) Targeted technical assistance to farmers, food businesses, 4
and buyers, including schools, about business planning, access to 5
markets, product development, distribution infrastructure, and 6
sourcing, procuring, and promoting Washington-grown foods , including 7
food that might be going to waste. 8
(b) In accordance with this subsection (2), program staff from 9
the department of agriculture may provide technical assistance to:10
(i) Support new and existing farm businesses; 11
(ii) Maintain the economic viability of farms;12
(iii) Support compliance with applicable federal, state, and 13
local requirements; and 14
(iv) Support access and preparation efforts for competing in 15
markets that are a good fit for their scale and products, including 16
schools and public institutions, and direct-to-consumer markets that 17
include, but are not limited to, farmers markets, local retailers, 18
restaurants, value-added product developments, and agritourism 19
opportunities. 20
(3) Subject to the availability of amounts appropriated for this 21
specific purpose, the regional markets programs of the department of 22
agriculture may support school districts in establishing or expanding 23
farm-to-school initiatives by providing information and guidance to 24
overcome barriers to purchasing Washington-grown food , including food 25
that might be going to waste . In accordance with this subsection (3), 26
regional markets program activities may include, but are not limited 27
to: 28
(a) Connecting schools and other institutions with farmers and 29
distribution chains; 30
(b) Overcoming seasonality constraints; 31
(c) Providing budgeting assistance; 32
(d) Navigating procurement requirements; ((and))33
(e) Reducing food waste through the purchase of Washington-grown 34
food, consistent with the goals of RCW 70A.205.007 and 70A.205.715; 35
and36
(f) Developing educational materials that can be used in 37
cafeterias, classrooms, and in other educational environments.38
(4) Subject to the availability of amounts appropriated for this 39
specific purpose, school districts and other institutions may 40
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coordinate with the department of agriculture to promote and 1
facilitate new and existing farm-to-school initiatives. School 2
district representatives involved in these initiatives may include, 3
but (([are])) are not limited to, school nutrition staff, purchasing 4
staff, student representatives, and parent organizations.5
(5) Subject to the availability of amounts appropriated for this 6
specific purpose, the office of the superintendent of public 7
instruction may award grants to school districts to collaborate with 8
community-based organizations, food banks, and farms or gardens for 9
reducing high school dropout occurrences through farm engagement 10
projects. Projects established by school districts that receive 11
grants in accordance with this section must: 12
(a) Primarily target low-income and disengaged youth who have 13
dropped out or who are at risk of dropping out of high school; and14
(b) Provide participating youth with opportunities for:15
(i) Performing community service, including, but not limited to, 16
building food gardens for low-income families, and work-based 17
learning and employment during the school year and summer through 18
farm or garden programs; 19
(ii) Earning core and elective credits applied toward high school 20
graduation, including but not limited to, science, health, and career 21
and technical education credits; 22
(iii) Receiving development support and services, including 23
social and emotional learning, counseling, leadership training, and 24
career and college guidance; and 25
(iv) Improving food security for themselves and their community 26
through the project. 27
NEW SECTION. Sec. 15. Sections 9 and 10 of this act constitute 28
a new chapter in Title 15 RCW.29
NEW SECTION. Sec. 16. If any provision of this act or its 30
application to any person or circumstance is held invalid, the 31
remainder of the act or the application of the provision to other 32
persons or circumstances is not affected.33
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