Recycling rates

AN ACT Relating to implementing strategies to achieve higher 1
recycling rates within Washington's existing solid waste management 2
system; amending RCW 70A.245.020, 70A.245.030, 70A.245.010, and 3
81.77.195; reenacting and amending RCW 43.21B.110; adding new 4
sections to chapter 70A.245 RCW; adding a new chapter to Title 70A 5
RCW; creating a new section; and prescribing penalties.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
PART 18
INTENT9
NEW SECTION. Sec. 101. INTENT. (1) The legislature finds that:10
(a) Washington state has been a leader in recycling policy, 11
reaching the goal of 50 percent recycling set by the legislature in 12
RCW 70A.205.005. The legislature further finds that, since meeting 13
the state's goal to achieve a 50 percent recycling rate, global 14
market conditions have caused the recycling rate to fall below 50 15
percent, demonstrating the dependence of recycling rates on reliable, 16
consistent recycling markets for recyclable materials;17
(b) New goals and target recycling rates must be established and 18
a comprehensive needs assessment is necessary to implement 19
H-0132.2
HOUSE BILL 1071
State of Washington 69th Legislature 2025 Regular Session
By Representatives Fey, Leavitt, Walen, Bronoske, Reeves, Barkis,
Waters, Callan, Thai, Berg, Low, Schmidt, Rule, Goodman, Pollet,
Lekanoff, and Salahuddin
Prefiled 12/16/24. Read first time 01/13/25. Referred to Committee
on Environment & Energy.
p. 1 HB 1071
improvements to Washington's existing recycling system to reach those 1
goals; 2
(c) Programs, activities, or projects that reduce greenhouse gas 3
emissions from the solid waste sector, including a comprehensive 4
needs assessment, are intended to be funded from the climate 5
commitment account; 6
(d) 88 percent of Washington residents living in single-family 7
homes and 77 percent living in multifamily residences have access to 8
curbside recycling services through a robust regulatory structure 9
that ensures equal access to services at affordable rates; and10
(e) The investments in infrastructure by Washington companies has 11
led to the development of materials sorting and processing superior 12
to most other states. 13
(2)(a) The legislature finds that contamination in the recycling 14
stream is a major impediment to higher recovery rates.15
(b) It is the intent of the legislature to implement proven 16
strategies to address these challenges, including:17
(i) The establishment of a single statewide list of materials for 18
recyclables collected through Washington's curbside recycling system 19
to reduce confusion and increase participation; 20
(ii) A robust needs assessment unique to Washington state to 21
determine costs and investments necessary to achieve a 65 percent 22
overall recycling rate for packaging; 23
(iii) Study the use of recycling symbols on packaging that cannot 24
be readily recycled through Washington's recycling system; and25
(iv) The expansion of the successful recycled content 26
requirements to ensure more materials are manufactured with 27
postconsumer material. 28
(3) It is the intent of the legislature that: 29
(a) Producers increase the use of postconsumer recycled content 30
in their products, to achieve the goals in RCW 70A.520.010(2) and to 31
create strong markets for recycled materials and achieve 32
environmental benefits; and 33
(b) Through design and innovation, producers will reduce the use 34
and climate impact of consumer packaging and paper products and 35
increase the use of postconsumer recycled content.36
(4) Finally, it is the intent of the legislature that Washington 37
should maintain the successful public-private partnership between 38
state, local government, and solid waste and recycling service 39
providers. The legislature does not intend to diminish or displace 40
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the primary role of the utilities and transportation commission and 1
local governments in regulating or contracting directly with service 2
providers for the curbside collection of residential recyclables. 3
Local governments maintain their existing authority to collect, 4
contract for collection with solid waste and recycling service 5
providers, or defer to solid waste collection services regulated by 6
the utilities and transportation commission. 7
(5) Therefore, it is the intent of the legislature to implement 8
proven strategies to address these challenges, including:9
(a) A robust needs assessment unique to Washington state to 10
determine costs and investments necessary to achieve a 65 percent 11
overall recycling rate for packaging; and 12
(b) The expansion of the successful recycled content requirements 13
to ensure more materials are manufactured with postconsumer material.14
PART 215
RATES STUDY, MATERIALS LIST, AND NEEDS ASSESSMENT16
NEW SECTION. Sec. 201. DEFINITIONS. The definitions in this 17
section apply throughout this chapter unless the context clearly 18
requires otherwise.19
(1) "Consumable product" means a commodity that is intended to be 20
used and not disposed of. 21
(2) "Contaminant" means a material set out for curbside recycling 22
collection that is not on the list of materials accepted for 23
recycling collection by a recycling collection program.24
(3) "Contamination" means the presence of one or more 25
contaminants in a recycling collection or commodity stream in an 26
amount or concentration that negatively impacts the value of the 27
material or negatively impacts a processor's ability to sort that 28
material. 29
(4) "Covered product" means packaging and paper products sold or 30
supplied to consumers for personal, noncommercial use and disposed of 31
through residential curbside or drop-off site collection systems.32
(5) "Department" means the department of ecology.33
(6) "Glass" means a covered product made of soda lime glass.34
(7) "Material category" means a group of covered products that 35
have similar properties such as chemical composition, shape, or other 36
characteristics. 37
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(8) "Overburdened community" means an overburdened community 1
identified and prioritized by the department under RCW 2
70A.02.050(1)(a). 3
(9)(a) "Packaging" means a material, substance, or object that 4
is: 5
(i) Used to protect, contain, transport, or serve an item;6
(ii) Sold or supplied to consumers expressly for the purpose of 7
protecting, containing, transporting, or serving items;8
(iii) Attached to an item or its container for the purpose of 9
marketing or communicating information about the item;10
(iv) Supplied at the point of sale to facilitate the delivery of 11
the item; or 12
(v) Supplied to or purchased by consumers expressly for the 13
purpose of facilitating food or beverage consumption that is 14
ordinarily discarded by consumers after a single use or short-term 15
use, whether or not it could be reused. 16
(b) "Packaging" does not include: 17
(i) Materials intended to be used for the long-term storage or 18
protection of a durable product, that is intended to transport, 19
protect, or store the durable product on an ongoing basis, and that 20
can be expected to be usable for that purpose for a period of at 21
least five years; 22
(ii) For purposes of this chapter only, materials used to package 23
pesticide products regulated by the federal insecticide, fungicide, 24
and rodenticide act, 7 U.S.C. Sec. 136 et seq., that are in direct 25
contact with the regulated product. This exemption does not include 26
products regulated by the United States food and drug administration;27
(iii) Liquefied petroleum gas containers that are designed to be 28
refilled and reused; 29
(iv)(A) Packaging for drugs that are used for animal medicines 30
including parasiticide products for animals; and 31
(B) Packaging for products intended for animals that are 32
regulated as animal drugs, biologics, parasiticides, medical devices, 33
or diagnostics used to treat, or administered to, animals under the 34
federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq., the 35
federal insecticide, fungicide, and rodenticide act, 7 U.S.C. Sec. 36
136 et seq., or the federal virus-serum-toxin act, 21 U.S.C. Sec. 151 37
et seq., as amended; 38
(v) Packaging for products that are regulated as a medical 39
device, dietary supplement, or drug by the United States food and 40
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drug administration under the federal food, drug, and cosmetic act, 1
21 U.S.C. Sec. 321 et seq. or products that are regulated as a 2
biologic or vaccine by the federal food and drug administration under 3
the public health service act, 42 U.S.C. Sec. 201 et seq.;4
(vi) Packaging related to containers of architectural paint that 5
has been collected by a stewardship organization under the program 6
established in chapter 70A.515 RCW; 7
(vii) Packaging used to contain hazardous or flammable products 8
classified by the 2012 federal occupational safety and health 9
administration hazard communication standard, 29 C.F.R. Sec. 10
1910.1200 (2012). 11
(10) "Paper product" means paper sold or supplied including 12
flyers, brochures, booklets, catalogs, magazines, and all other paper 13
materials except for: (a) Bound books; (b) conservation grade and 14
archival grade paper; (c) newspapers; (d) paper designed for use in 15
building construction; and (e) paper products that, by any common and 16
foreseeable use, could reasonably be anticipated to become unsafe or 17
unsanitary to handle. 18
(11)(a) "Producer" means the following person responsible for 19
compliance with covered product registration and reporting 20
requirements under this chapter for a covered product sold, offered 21
for sale, or distributed in or into this state: 22
(i) If the covered product is sold with the manufacturer's own 23
brand or lacks identification of a brand, the producer is the person 24
who manufactures the covered product; 25
(ii) If the covered product is manufactured by a person other 26
than the brand owner, the producer is the person who is the licensee 27
of a brand or trademark under which a covered product is sold, 28
offered for sale, or distributed in or into this state, whether or 29
not the trademark is registered in this state, unless the 30
manufacturer or brand owner of the covered product has agreed to 31
accept responsibility under this chapter; or 32
(iii) If there is no person described in (a)(i) and (ii) of this 33
subsection over whom the state can constitutionally exercise 34
jurisdiction, the producer is the person who imports or distributes 35
the covered product in or into the state. 36
(b) A person is the "producer" of a covered product sold, offered 37
for sale, or distributed in or into this state, as defined in (a)(i) 38
through (iii) of this subsection, except where another person has 39
mutually signed an agreement with a producer as defined in (a)(i) 40
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through (iii) of this subsection that contractually assigns 1
responsibility to the person as the producer, and the person has 2
joined a registered producer responsibility organization as the 3
responsible producer for that covered product under this chapter.4
(c) "Producer" does not include: 5
(i) Government agencies, municipalities, or other political 6
subdivisions of the state; 7
(ii) Registered 501 (c)(3) charitable organizations and 501 (c)(4) 8
social welfare organizations; or 9
(iii) De minimis producers that annually sell, offer for sale, 10
distribute, or import in or into the country for sale in Washington:11
(A) Less than one ton of covered products each year; or12
(B) That have a global gross revenue of less than $5,000,000 for 13
the most recent fiscal year of the organization. The department shall 14
calculate an adjusted rate to maintain the small business exemption 15
by the rate of inflation. The adjusted rate must be calculated to the 16
nearest cent using the consumer price index for urban wage earners. 17
Each adjusted rate calculated under this subsection takes effect on 18
the following January 1st. 19
(12) "Vulnerable population" has the same meaning as defined in 20
RCW 70A.02.010. 21
NEW SECTION. Sec. 202. ACTIVITIES TO SUPPORT FUTURE INCREASES 22
IN RECOVERY RATES AND RATES STUDY. (1) To inform the future 23
development of strategies to increase recovery rates consistent with 24
the goals established in subsection (2) of this section, the 25
department must:26
(a) Identify a statewide list of materials suitable for curbside 27
collection services and a statewide list of materials suitable for 28
drop-off collection, consistent with section 203 of this act, to be 29
completed by October 1, 2026; 30
(b) Complete a statewide needs assessment to meet the goal 31
established in subsection (2) of this section and be carried out by a 32
third-party consultant selected by the department, consistent with 33
section 204 of this act, and completed by October 1, 2027; and34
(c) Begin overseeing the registration and data reporting of 35
producers of packaging, consistent with section 205 of this act.36
(2)(a) A goal is established for the state to achieve a recycling 37
rate of 65 percent for covered products. The department must, in 38
consultation with the advisory committee established in section 207 39
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of this act, identify a methodology for calculating progress towards 1
this goal as part of its duties under section 204 of this act, and 2
must begin tracking and periodically making public the state's 3
progress towards this goal beginning in the year following the 4
initial reporting of data by producers under section 205 of this act.5
(b) The goals established in this subsection must be used to 6
inform the statewide needs assessment in section 204 of this act.7
(3) For purposes of implementing this chapter, the department 8
may, where appropriate, use and rely on the recommended recycling 9
rate targets contained in the department's December 2023 Washington 10
Recycling, Reuse, and Source Reduction Target Study and Community 11
Input Process. 12
NEW SECTION. Sec. 203. CURBSIDE AND DROP-OFF RECYCLABLE 13
MATERIALS COLLECTION LISTS FOR NEEDS ASSESSMENT. (1)(a) By October 1, 14
2026, the department must develop and publish a:15
(i) List of recyclable materials suitable for curbside collection 16
from residents in single-family and multifamily residences; and17
(ii) Separate list of materials suitable for residential drop-off 18
collection. 19
(b) The department must review and update the lists in (a) of 20
this subsection by October 1, 2031, and no less often than every five 21
years thereafter. During the review and update of the lists, the 22
department must newly review each material included on the previous 23
versions of the lists using the factors described in subsection (4) 24
of this section and may only continue to include materials on a list 25
after considering the factors described in subsection (4) of this 26
section. 27
(2) The initial list of materials suitable for curbside 28
collection developed and published under this section must include 29
the following materials: 30
(a) Newspaper; 31
(b) Paperboard and chipboard; 32
(c) Loose paper; 33
(d) Corrugated cardboard; 34
(e) Magazines; 35
(f) Envelopes; 36
(g) Aluminum cans; 37
(h) Tin or steel cans; 38
(i) High density polyethylene plastic containers; and39
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(j) Polyethylene terephthalate containers. 1
(3) The initial list of materials suitable for drop-off 2
residential collection must include the following materials:3
(a) Glass; and 4
(b) Flexible plastic. 5
(4) In addition to the materials identified under subsections (2) 6
and (3) of this section, the department may identify additional 7
materials for inclusion on a list or remove materials from inclusion 8
on a list based on consultation with the advisory committee 9
established in section 207 of this act, and after considering the 10
following factors: 11
(a) The stability, maturity, accessibility, and viability of 12
responsible end markets; 13
(b) Economic factors; 14
(c) Environmental factors from a life-cycle perspective;15
(d) The material's compatibility with existing recycling 16
infrastructure; 17
(e) The amount of the material available; 18
(f) The ability for waste generators to easily identify and 19
properly prepare the material; 20
(g) The practicalities of sorting and storing the material;21
(h) Contamination; 22
(i) Environmental health and safety considerations; and23
(j) The anticipated yield loss for the material during the 24
recycling process. 25
NEW SECTION. Sec. 204. STATEWIDE NEEDS ASSESSMENT. (1) The 26
statewide needs assessment must be consistent with the following 27
requirements:28
(a) The final scope of the statewide needs assessment must be 29
determined after considering comments and recommendations from 30
stakeholders, each jurisdiction planning under chapter 70A.205 RCW, 31
and the advisory committee established in section 207 of this act; 32
and 33
(b) Stakeholders, jurisdictions planning under chapter 70A.205 34
RCW, and the advisory committee must have the opportunity to review 35
and comment on the draft statewide needs assessment at least 90 days 36
prior to its completion. The advisory committee must have the 37
opportunity to review drafts of the needs assessment and accompanying 38
data used in the needs assessment. 39
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(2) The statewide needs assessment must be: 1
(a) Informed by highest achievable recycling rates and 2
recommended targets in the 2023 performance rates study identified in 3
section 202 of this act and rates and other comments suggested by 4
stakeholders and the advisory committee; 5
(b) Limited to covered products collected from residents in 6
single-family and multifamily residences included on the list 7
developed and published by the department in section 202 of this act;8
(c) Completed only after individual consultation with each 9
jurisdiction planning under chapter 70A.205 RCW; and10
(d) Accepted from the selected consultant as complete by the 11
department. 12
(3) The statewide needs assessment must: 13
(a) For each jurisdiction planning under chapter 70A.205 RCW, 14
evaluate the capacity, costs, gaps, and needs for the following 15
factors necessary to achieve recycling performance rate 16
recommendations to reach the goal identified under section 202 of 17
this act: 18
(i) Evaluate what services related to the requirements of this 19
chapter are currently being delivered in each county and city 20
planning under chapter 70A.205 RCW and what the costs are for those 21
existing services; 22
(A) Availability and types of recycling services for covered 23
products for residents in single-family and multifamily residences, 24
including whether current services are considered residential or 25
commercial and whether any gaps, costs, or needs are specific to 26
either commercial or residential customer service;27
(B) The current methods and infrastructure for serving residents, 28
including curbside recycling service areas and material drop-off 29
locations; 30
(C) Any densely populated areas within each jurisdiction in which 31
curbside recycling services for covered products identified by the 32
department on the list developed and published under section 203 of 33
this act are not available or are only partially available;34
(D) Any areas within each jurisdiction where curbside garbage 35
collection services are offered to residents in single-family and 36
multifamily residences but curbside recycling services are not 37
offered; 38
(ii) Evaluate what new or expanded services and infrastructure 39
are needed in each county and city planning under chapter 70A.205 RCW 40
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to meet the target performance rates and what the anticipated costs 1
are for those additional services and infrastructure;2
(iii) Education and outreach activities, which may include 3
digital mediums on packaging; 4
(iv) Availability and performance of collection, transport, and 5
processing capacity and infrastructure, including consideration of 6
material quality and contamination; 7
(v) Necessary capital investments to existing reuse and recycling 8
infrastructure, and how to maximize the use of existing 9
infrastructure; 10
(b) Compile information related to actual costs for curbside 11
collection services, drop-off collection services, and other 12
information relevant to the funding requirements to achieve 13
performance rates, including costs for various service methods 14
recommended by stakeholders during the study scoping process;15
(c) Estimate the total costs of investments necessary to reach 16
target rates, within each jurisdiction, as well as ongoing program 17
costs related to labor, equipment, and maintenance. Cost factors and 18
variables to be considered in the estimates include:19
(i) Population size and density of a local jurisdiction;20
(ii) Types of households serviced and collection method used;21
(iii) Distance from a local jurisdiction to the nearest recycling 22
facility; 23
(iv) Whether a jurisdiction pays for transportation and sorting 24
of collected materials and whether it receives a commodity value from 25
processed materials; 26
(v) Geographic location or other variables contributing to 27
regional differences in costs; 28
(vi) Cost increases over time; and 29
(vii) Any other factors as determined to be necessary by the 30
department, with input from stakeholders; 31
(d)(i) Identify cost factors and other variables to be considered 32
in the development of funding estimates for government entities for 33
any services other than curbside collection to be carried out by 34
government entities that may be needed to achieve performance rates 35
developed under section 202 of this act; 36
(ii) Identify methods to consider greenhouse gas emissions and 37
other environmental outcomes associated with potential expansions of 38
curbside recycling services to rural or sparsely populated areas;39
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(e) Compile relevant information to be considered in the 1
development of criteria by the department to determine whether a 2
covered product is recyclable, reusable, or compostable through 3
Washington's curbside recycling collection system. The relevant 4
information to be compiled may include whether covered product 5
materials are: 6
(i) Or may be, collected, separated, and processed in sufficient 7
quantity and quality into a marketable feedstock that can be used in 8
the production of new products; or 9
(ii) Designed in a way that is problematic for reuse, recycling, 10
or composting; 11
(f) Evaluate how the state's existing recycling system can be 12
improved in a socially just manner as it relates to activities 13
required under this chapter. The assessment must: 14
(i) Include meaningful consultation with overburdened communities 15
and vulnerable populations; 16
(ii) Determine conditions and make recommendations including, at 17
minimum: 18
(A) Improving access to the recycling system for women and 19
minority individuals; 20
(B) The sufficiency of local government requirements related to 21
multifamily recycling services and their implementation;22
(C) Identification of activities that negatively 23
disproportionately impact any community and in particular 24
overburdened communities and vulnerable populations, including new 25
fees, costs, or deposits; 26
(D) Improving the sufficiency of recycling education and outreach 27
programs relative to desired socially just management outcomes;28
(E) Recommendations for improving socially just management 29
practices and outcomes in the state's recycling system; and30
(F) Evaluate the extent to which covered products contribute to 31
litter and marine debris. The assessment should draw on available 32
data, assess gaps, and identify strategies for improving prevention 33
and cleanup of litter and marine debris from covered products;34
(g) Compile information from available data sources on the 35
presence of toxic substances in covered products and their potential 36
negative impacts on reuse, recycling, and composting systems. The 37
information compiled is intended to inform the development of 38
ecomodulation factors that incentivize the reduction of toxic 39
substances that have potentially negative impacts when covered 40
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products are managed through reuse, recycling, and composting 1
systems; and 2
(h) Conduct voluntary interviews with service providers of 3
curbside recycling services or recycling processing services within a 4
jurisdiction on costs for additional infrastructure, vehicles, staff, 5
equipment, and other investments to achieve the recycling performance 6
goal established under section 202 of this act. 7
NEW SECTION. Sec. 205. COVERED PRODUCT PRODUCER REGISTRATION 8
AND REPORTING. (1) Beginning January 1, 2026, a producer that offers 9
for sale, sells, or distributes in or into Washington covered 10
products must register with the department individually or through a 11
third-party representative registering on behalf of a group of 12
producers. 13
(2) The registration information submitted to the department 14
under this section must include a list of the producers of covered 15
products and the brand names of the covered products represented in 16
the registration submittal. Beginning in 2027, a producer may submit 17
registration information at the same time as the information 18
submitted through the annual reporting in subsection (3) of this 19
section. 20
(3)(a) Beginning April 1, 2027, each producer of covered 21
products, individually or through a third party representing a group 22
of producers, must provide an annual report to the department that 23
includes, by material category, the volume in pounds of covered 24
products sold, offered for sale, or distributed in or into Washington 25
during the preceding calendar year. 26
(b) The report must be submitted in a format and manner 27
prescribed by the department. A manufacturer may submit national data 28
allocated on a per capita basis for Washington to approximate the 29
information required in this subsection if the producer or third-30
party representative demonstrates to the department that state level 31
data are not available or feasible to generate. 32
(c) The department must post the information reported under this 33
subsection on its website, except as provided in (d) of this 34
subsection. 35
(d) A producer that submits information or records to the 36
department under this chapter may request that the information or 37
records be made available only for the confidential use of the 38
department, the director, or the appropriate division of the 39
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department. The director of the department must give consideration to 1
the request and if this action is not detrimental to the public 2
interest and is otherwise in accordance with the policies and 3
purposes of chapter 43.21A RCW, the director must grant the request 4
for the information to remain confidential as authorized in 5
RCW 43.21A.160. 6
NEW SECTION. Sec. 206. DEPARTMENT OF ECOLOGY OVERSIGHT. (1) The 7
department shall adopt rules as necessary to administer, implement, 8
and enforce this section and section 205 of this act.9
(2)(a) The department may conduct audits and investigations for 10
the purpose of ensuring compliance with section 205 of this act.11
(b) The department shall annually publish a list of registered 12
producers of covered products and associated brand names, their 13
compliance status, and other information the department deems 14
appropriate on the department's website. 15
(3)(a) By January 31, 2026, and every January 31st thereafter, 16
the department must: 17
(i) Prepare an annual workload analysis for public comment that 18
identifies the annual costs it expects to incur to implement, 19
administer, and enforce this section and section 205 of this act, and 20
to carry out its obligations under this chapter; 21
(ii) Determine a total annual fee payment by producers or their 22
third-party representatives that is adequate to cover, but not 23
exceed, the workload identified in (a)(i) of this subsection;24
(iii) Until rules are adopted under (a)(iv) of this subsection, 25
issue a general order to all entities falling within the definition 26
of producer. The department must equitably determine fee amounts;27
(iv) By 2028, adopt rules to equitably determine annual fee 28
payments by producers or their third-party representatives. Once such 29
rules are adopted, the general order issued under (a)(iii) of this 30
subsection is no longer effective; and 31
(v) Send notice to producers or their third-party representatives 32
of fee amounts due consistent with either the general order issued 33
under (a)(iii) of this subsection or rules adopted under (a)(iv) of 34
this subsection. 35
(b) The department must: 36
(i) Apply any remaining annual payment funds from the current 37
year to the annual payment for the coming year, if the collected 38
annual payment exceeds the department's costs for a given year; and39
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(ii) Increase annual payments for the coming year to cover the 1
department's costs, if the collected annual payment was less than the 2
department's costs for a given year. 3
(c) By April 1, 2026, and every April 1st thereafter, producers 4
or their third-party representatives must submit a fee payment as 5
determined by the department under (a) of this subsection. Fee 6
payments must be deposited in the packaging recycling oversight 7
account created in section 209 of this act. 8
(4) For producers out of compliance with the registration or 9
reporting requirements of section 205 of this act, the department 10
shall provide written notification and offer information to 11
producers. For the purposes of this section, written notification 12
serves as notice of the violation. The department must issue at least 13
two notices of violation by certified mail prior to assessing a 14
penalty under subsection (5) of this section. 15
(5) The department may assess a penalty in an amount not to 16
exceed $1,000 for each day for a violation of this section or section 17
205 of this act. Penalties collected under this section must be 18
deposited in the recycling enhancement account created in 19
RCW 70A.245.100. 20
(6) Penalties issued under this section are appealable to the 21
pollution control hearings board established in chapter 43.21B RCW.22
NEW SECTION. Sec. 207. ADVISORY COMMITTEE. (1) An advisory 23
committee is established.24
(2) The advisory committee consists of members appointed by the 25
department as follows: 26
(a) Four representatives of local governments representing 27
geographic areas across the state, including two representatives of 28
counties and two representatives of cities, each with one 29
representative of urban communities and one representative of rural 30
communities; 31
(b) One representative of tribal or indigenous solid waste 32
services organizations; 33
(c) One representative of special purpose districts involved in 34
activities related to the end-of-life management of solid waste;35
(d) Two representatives of community-based organizations whose 36
mission is to serve the interests of overburdened communities and 37
vulnerable populations; 38
(e) Two representatives of environmental nonprofit organizations;39
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(f) One owner or operator of a small business that is not 1
eligible for representation under (g), (h), or (i) of this 2
subsection; 3
(g) Six representatives of the recycling industry, including 4
local governments' service providers, solid waste collection 5
companies or associations, material recovery facilities, or other 6
processing facilities; 7
(h) Four representatives of producers of covered products or 8
producer trade associations representing different types of covered 9
products; 10
(i) Two representatives of packaging suppliers that are not 11
producers as defined under this chapter representing different 12
material categories; and 13
(j) One representative of a retail establishment.14
(3) Advisory committee members must be appointed by the director 15
of the department by September 1, 2026. In appointing members, the 16
department shall: 17
(a) Appoint members that, to the greatest extent practicable, 18
represent diversity in race, ethnicity, age, and gender, urban and 19
rural areas, and different regions of the state; and20
(b) Consider recommendations for appointments from relevant 21
represented groups or associations and from individuals interested in 22
participating on the advisory committee. 23
(4)(a) The terms of initial appointments must be staggered to 24
two-year and three-year appointments, with subsequent terms of three 25
years. Members are eligible for reappointment. 26
(b) If there is a vacancy for any reason, the department shall 27
make an appointment to become effective immediately for the unexpired 28
term. 29
(5) The advisory committee shall meet at least once every three 30
months at times and places specified by the department. The advisory 31
committee may also meet at other times and places, including 32
virtually, specified by the department or by a call of a majority of 33
the committee members, as necessary, to carry out the duties of the 34
advisory committee. 35
(6)(a) The department shall provide staff support and 36
facilitation as necessary for the advisory committee to carry out its 37
duties. 38
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(b) The department may select an impartial, third-party 1
facilitator to convene and provide administrative support to the 2
advisory committee. 3
(c) The department may establish working groups, comprised of 4
interested members of the advisory committee, to discuss issues 5
related to implementation of this chapter, which report back to the 6
full advisory committee including, but limited to, the truth in 7
labeling task force established in section 208 of this act.8
(7) The duties of the advisory committee include the following:9
(a) Advise and make recommendations to the department on the 10
lists developed and published by the department under section 203 of 11
this act; 12
(b) Advise and make recommendations to the department on the 13
scope of the statewide needs assessment under section 204 of this 14
act; 15
(c) Review and comment on draft statewide needs assessments prior 16
to their completion; 17
(d) Review and comment on the department's implementation and 18
administration of the registration and reporting requirements in 19
sections 205 and 206 of this act; and 20
(e) Provide input, review, and comment on rules proposed by the 21
department under this chapter. 22
(8) Advisory committee members that are representatives of tribes 23
or tribal and indigenous services organizations or community-based 24
and environmental nonprofit organizations must, if requested, be 25
compensated and reimbursed in accordance with RCW 43.03.050, 26
43.03.060, and 43.03.220. 27
NEW SECTION. Sec. 208. TRUTH IN LABELING TASK FORCE. (1) The 28
truth in labeling task force is established as a subgroup of the 29
advisory committee established in section 207 of this act.30
(2) The truth in labeling task force shall consist of interested 31
members of the advisory committee. 32
(3) The truth in labeling task force shall study and evaluate 33
misleading or confusing claims regarding the recyclability of 34
products made on a product or product packaging. The task force shall 35
make recommendations to the legislature for the development of 36
recyclability labeling standards and requirements for products and 37
packaging sold in Washington. The study must include consideration of 38
issues affecting accessibility for diverse audiences.39
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(4) The department must transmit a final report and 1
recommendations from the truth in labeling task force, in the form of 2
draft legislation, to the appropriate committees of the legislature 3
by June 1, 2026. 4
(5) The department must provide staff support to the truth in 5
labeling task force. 6
NEW SECTION. Sec. 209. PACKAGING RECYCLING OVERSIGHT ACCOUNT. 7
The packaging recycling oversight account is created in the custody 8
of the state treasurer. All receipts received by the department under 9
RCW 70A.245.020 must be deposited in the account. Expenditures from 10
the account may be used by the department only for implementing, 11
administering, and enforcing the requirements of this chapter. Only 12
the director of the department or the director's designee may 13
authorize expenditures from the account. The account is subject to 14
the allotment procedures under chapter 43.88 RCW, but an 15
appropriation is not required for expenditures.16
PART 317
POSTCONSUMER RECYCLED CONTENT18
REQUIREMENTS19
Sec. 301. RCW 70A.245.020 and 2021 c 313 s 3 are each amended to 20
read as follows: 21
(1)(a) Beginning January 1, 2023, producers that offer for sale, 22
sell, or distribute in or into Washington: 23
(i) Beverages other than wine in 187 milliliter plastic beverage 24
containers and dairy milk in plastic beverage containers must meet 25
minimum postconsumer recycled content requirements established under 26
subsection (4) of this section; and 27
(ii) Plastic trash bags must meet minimum postconsumer recycled 28
content requirements established under subsection (6) of this 29
section. 30
(b) Beginning January 1, 2025, producers that offer for sale, 31
sell, or distribute in or into Washington household cleaning and 32
personal care products in plastic household cleaning and personal 33
care product containers must meet minimum postconsumer recycled 34
content as required under subsection (5) of this section.35
(c) Beginning January 1, 2028, producers that offer for sale, 36
sell, or distribute in or into Washington wine in 187 milliliter 37
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plastic beverage containers or dairy milk in plastic beverage 1
containers must meet minimum postconsumer recycled content as 2
required under subsection (4) of this section. 3
(2)(a) On or before April 1, 2022, and annually thereafter, a 4
producer that offers for sale, sells, or distributes in or into 5
Washington covered products must register with the department 6
individually or through a third-party representative registering on 7
behalf of a group of producers. 8
(b) The registration information submitted to the department 9
under this section must include a list of the producers of covered 10
products and the brand names of the covered products represented in 11
the registration submittal. Beginning April 1, 2024, for plastic 12
trash bags and plastic beverage containers other than wine in 187 13
milliliter plastic beverage containers and dairy milk in plastic 14
beverage containers, April 1, 2026, for plastic household and 15
personal care product containers, and April 1, 2029, for wine in 187 16
milliliter plastic beverage containers and dairy milk, a producer may 17
submit registration information at the same time as the information 18
submitted through the annual reporting required under RCW 19
70A.245.030. 20
(3)(a) By January 31, 2022, and every January 31st thereafter, 21
the department must: 22
(i) Prepare an annual workload analysis for public comment that 23
identifies the annual costs it expects to incur to implement, 24
administer, and enforce this section and RCW 70A.245.030 through 25
70A.245.060 and 70A.245.090 (1), (2), and (4), including rule making, 26
in the next fiscal year for each category of covered products;27
(ii) Determine a total annual fee payment by producers or their 28
third-party representatives for each category of covered products 29
that is adequate to cover, but not exceed, the workload identified in 30
(a)(i) of this subsection; 31
(iii) Until rules are adopted under (a)(iv) of this subsection, 32
issue a general order to all entities falling within the definition 33
of producer. The department must equitably determine fee amounts for 34
an individual producer or third-party representatives within each 35
category of covered product; 36
(iv) By 2024, adopt rules to equitably determine annual fee 37
payments by producers or their third-party representatives within 38
each category of covered product. Once such rules are adopted, the 39
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general order issued under (a)(iii) of this subsection is no longer 1
effective; and 2
(v) Send notice to producers or their third-party representatives 3
of fee amounts due consistent with either the general order issued 4
under (a)(iii) of this subsection or rules adopted under (a)(iv) of 5
this subsection. 6
(b) The department must: 7
(i) Apply any remaining annual payment funds from the current 8
year to the annual payment for the coming year, if the collected 9
annual payment exceeds the department's costs for a given year; and10
(ii) Increase annual payments for the coming year to cover the 11
department's costs, if the collected annual payment was less than the 12
department's costs for a given year. 13
(c) By April 1, 2022, and every April 1st thereafter, producers 14
or their third-party representative must submit a fee payment as 15
determined by the department under (a) of this subsection.16
(4) A producer of a beverage in a plastic beverage container must 17
meet the following annual minimum postconsumer recycled content 18
percentage on average for the total quantity of plastic beverage 19
containers, by weight, that are sold, offered for sale, or 20
distributed in or into Washington by the producer effective:21
(a) For beverages except wine in 187 milliliter plastic beverage 22
containers and dairy milk: 23
(i) January 1, 2023, through December 31, 2025: No less than 15 24
percent postconsumer recycled content plastic by weight;25
(ii) January 1, 2026, through December 31, 2030: No less than 25 26
percent postconsumer recycled content plastic by weight; and27
(iii) On and after January 1, 2031: No less than 50 percent 28
postconsumer recycled content plastic by weight. 29
(b) For wine in 187 milliliter plastic beverage containers and 30
dairy milk: 31
(i) January 1, 2028, through December 31, 2030: No less than 15 32
percent postconsumer recycled content plastic by weight;33
(ii) January 1, 2031, through December 31, 2035: No less than 25 34
percent postconsumer recycled content plastic by weight; and35
(iii) On and after January 1, 2036: No less than 50 percent 36
postconsumer recycled content plastic by weight. 37
(5) A producer of household cleaning and personal care products 38
in plastic containers must meet the following annual minimum 39
postconsumer recycled content percentage on average for the total 40
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quantity of plastic containers, by weight, that are sold, offered for 1
sale, or distributed in or into Washington by the producer effective:2
(a) January 1, 2025, through December 31, 2027: No less than 15 3
percent postconsumer recycled content plastic by weight;4
(b) January 1, 2028, through December 31, 2030: No less than 25 5
percent postconsumer recycled content plastic by weight; and6
(c) On and after January 1, 2031: No less than 50 percent 7
postconsumer recycled content plastic by weight. 8
(6) A producer of plastic trash bags must meet the following 9
annual minimum postconsumer recycled content percentage on average 10
for the total quantity of plastic trash bags, by weight, that are 11
sold, offered for sale, or distributed in or into Washington by the 12
producer effective: 13
(a) January 1, 2023, through December 31, 2024: No less than 10 14
percent postconsumer recycled content plastic by weight;15
(b) January 1, 2025, through December 31, 2026: No less than 15 16
percent postconsumer recycled content plastic by weight; and17
(c) On and after January 1, 2027: No less than 20 percent 18
postconsumer recycled content plastic by weight. 19
(7)(a) Beginning January 1, 2024, or when rule making is 20
complete, whichever is sooner, the department may, on an annual basis 21
on January 1st, review and determine for the following year whether 22
to adjust the minimum postconsumer recycled content percentage 23
required for a type of container or product or category of covered 24
products pursuant to subsection (4), (5), or (6) of this section. The 25
department's review may be initiated by the department or at the 26
petition of a producer or a covered product manufacturing industry 27
not more than once annually. When submitting a petition, producers or 28
a producer manufacturing industry must provide necessary information 29
that will allow the department to make a determination under (b) of 30
this subsection. 31
(b) In making a determination pursuant to this subsection, the 32
department must consider, at a minimum, all of the following factors:33
(i) Changes in market conditions, including supply and demand for 34
postconsumer recycled content plastics, collection rates, and bale 35
availability both domestically and globally; 36
(ii) Recycling rates; 37
(iii) The availability of recycled plastic suitable to meet the 38
minimum postconsumer recycled content requirements pursuant to 39
subsection (4), (5), or (6) of this section, including the 40
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availability of high quality recycled plastic, and food-grade 1
recycled plastic from recycling programs; 2
(iv) The capacity of recycling or processing infrastructure;3
(v) The technical feasibility of achieving the minimum 4
postconsumer recycled content requirements in covered products that 5
are regulated under 21 C.F.R., chapter I, subchapter G, 7 U.S.C. Sec. 6
136, 15 U.S.C. Sec. 1471-1477, 49 C.F.R. Sec. 178.33b, 49 C.F.R. Sec. 7
173, 40 C.F.R. Sec. 152.10, 15 U.S.C. Sec. 1261-1278, 49 U.S.C. 5101 8
et seq., 49 C.F.R. Sec. 178.509, 49 C.F.R. Sec. 179.522, 49 C.F.R. 9
Sec. 178.600-609, and other federal laws; and 10
(vi) The progress made by producers in achieving the goals of 11
this section. 12
(c) Under (a) of this subsection: 13
(i) The department may not adjust the minimum postconsumer 14
recycled content requirements above the minimum postconsumer recycled 15
content percentages for the year under review required pursuant to 16
subsection (4), (5), or (6) of this section. 17
(ii) For plastic household cleaning and personal care product 18
containers, the department may not adjust the minimum postconsumer 19
recycled content requirements above the minimum postconsumer recycled 20
content percentages for the year under review required pursuant to 21
subsection (5) of this section or below a minimum of 10 percent.22
(iii) For plastic trash bags, the department may not adjust the 23
minimum postconsumer recycled content requirements above the minimum 24
postconsumer recycled content percentages for the year under review 25
required pursuant to subsection (6) of this section or below the 26
minimum percentage required in subsection (6)(a) of this section.27
(d) A producer or the manufacturing industry for a covered 28
product may appeal a decision by the department to adjust 29
postconsumer recycled content percentages under (a) of this 30
subsection or to temporarily exclude covered products from minimum 31
postconsumer recycled content requirements under subsection (8) of 32
this section to the pollution control hearings board within 30 days 33
of the department's determination. 34
(8) The department must temporarily exclude from minimum 35
postconsumer recycled content requirements for the upcoming year any 36
types of covered products in plastic containers for which a producer 37
annually demonstrates to the department by December 31st of a given 38
year that the achievement of postconsumer recycled content 39
requirements in the container material is not technically feasible in 40
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order to comply with health or safety requirements of federal law, 1
including the federal laws specified in subsection (7)(b)(v) of this 2
section. A producer must continue to register and report consistent 3
with the requirements of this chapter for covered products 4
temporarily excluded from minimum postconsumer recycled content 5
requirements under this subsection. 6
(9) A producer that does not achieve the postconsumer recycled 7
content requirements established under this section is subject to 8
penalties established in RCW 70A.245.040. 9
(10)(a) A city, town, county, or municipal corporation may not 10
implement local recycled content requirements for a covered product 11
that is subject to minimum postconsumer recycled content requirements 12
established in this section. 13
(b) A city, town, county, or municipal corporation may establish 14
local purchasing requirements that include recycled content standards 15
that exceed the minimum recycled content requirements established by 16
this chapter for plastic household cleaning and personal care product 17
containers or plastic trash bags purchased by a city, town, or 18
municipal corporation, or its contractor. 19
(11) The department may enter into contracts for the services 20
required to implement this chapter and related duties of the 21
department. 22
(12) In-state distributors, wholesalers, and retailers in 23
possession of covered products manufactured before the date that 24
postconsumer recycled content requirements become effective may 25
exhaust their existing stock through sales to the public.26
(13) A producer of polypropylene tubs must meet the following 27
annual minimum postconsumer recycled content percentage on average 28
for the total quantity of polypropylene tubs, by weight, that are 29
sold, offered for sale, or distributed in or into Washington by the 30
producer effective as of:31
(a)(i) Products manufactured between January 1, 2031, through 32
December 31, 2035: No less than 10 percent postconsumer recycled 33
content plastic by weight; and34
(ii) Products manufactured on and after January 1, 2036: No less 35
than 30 percent postconsumer recycled content plastic by weight.36
(b) For polypropylene tubs in direct contact with food or edible 37
products:38
p. 22 HB 1071
(i) Products manufactured between January 1, 2035, through 1
December 31, 2038: No less than 10 percent postconsumer recycled 2
content plastic by weight; and3
(ii) Products manufactured on and after January 1, 2040: No less 4
than 30 percent postconsumer recycled content plastic by weight.5
(14) A producer of single-use plastic cups made of polyethylene 6
terephthalate, polypropylene, or polystyrene must meet the following 7
annual minimum postconsumer recycled content percentage on average 8
for the total quantity of single-use plastic cups, by weight, that 9
are sold, offered for sale, or distributed in or into Washington by 10
the producer effective:11
(a) For polypropylene single-use plastic cups:12
(i) Products manufactured between January 1, 2032, through 13
December 31, 2032: No less than 15 percent postconsumer recycled 14
content plastic by weight; and15
(ii) Products manufactured on and after January 1, 2034: No less 16
than 25 percent postconsumer recycled content plastic by weight.17
(b) For polyethylene terephthalate and polystyrene single-use 18
plastic cups:19
(i) Products manufactured between January 1, 2034, through 20
December 31, 2035: No less than 20 percent postconsumer recycled 21
content plastic by weight; and22
(ii) Products manufactured on and after January 1, 2036: No less 23
than 30 percent postconsumer recycled content plastic by weight.24
(15) A producer of a polyethylene terephthalate thermoform 25
plastic container must meet the following annual minimum postconsumer 26
recycled content percentage on average for the total quantity of 27
polyethylene terephthalate thermoform plastic containers, by weight, 28
that are sold, offered for sale, or distributed in or into Washington 29
by the producer effective:30
(a) For packaging for consumable goods:31
(i) Products manufactured between January 1, 2031, through 32
December 31, 2035: No less than 10 percent postconsumer recycled 33
content plastic by weight; and34
(ii) Products manufactured on and after January 1, 2036: No less 35
than 30 percent postconsumer recycled content plastic by weight.36
(b) For packaging for consumable goods in direct contact with 37
food or edible products:38
p. 23 HB 1071
(i) Products manufactured between January 1, 2035, through 1
December 31, 2039: No less than 10 percent postconsumer recycled 2
content plastic by weight; and3
(ii) Products manufactured on and after January 1, 2040: No less 4
than 30 percent postconsumer recycled content plastic by weight.5
(c)(i) Except as provided in (c)(ii) of this subsection, for 6
packaging used for durable goods: On and after January 1, 2034, no 7
less than 30 percent postconsumer recycled content plastic by weight.8
(ii) Packaging designed to accompany a durable good where that 9
durable good model is designed prior to the effective date of the 10
requirement in (c)(i) of this subsection is exempt.11
(16) The department may extend a date identified in subsection 12
(13), (14), or (15) of this section by up to five years for all 13
producers if the department determines there is inadequate 14
availability of recycled material or a substantial disruption in the 15
supply of the recycled material.16
Sec. 302. RCW 70A.245.030 and 2021 c 313 s 4 are each amended to 17
read as follows: 18
(1)(a) Except as provided in (b) ((and (c))) through (d) of this 19
subsection, beginning April 1, 2024, each producer of covered 20
products, individually or through a third party representing a group 21
of producers, must provide an annual report to the department that 22
includes the amount in pounds of virgin plastic and the amount in 23
pounds of postconsumer recycled content by resin type used for each 24
category of covered products that are sold, offered for sale, or 25
distributed in or into Washington state, including the total 26
postconsumer recycled content resins as a percentage of total weight. 27
The report must be submitted in a format and manner prescribed by the 28
department. A manufacturer may submit national data allocated on a 29
per capita basis for Washington to approximate the information 30
required in this subsection if the producer or third-party 31
representative demonstrates to the department that state level data 32
are not available or feasible to generate. 33
(b) The requirements of (a) of this subsection apply to household 34
cleaning and personal care products in plastic containers beginning 35
April 1, 2026. 36
(c) The requirements of (a) of this subsection apply to wine in 37
187 milliliter plastic beverage containers and dairy milk in plastic 38
beverage containers beginning April 1, 2029. 39
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(d) The requirements of (a) of this subsection apply to:1
(i) Polypropylene tubs and polyethylene terephthalate thermoform 2
plastic containers for consumable goods beginning April 1, 2032;3
(ii) Polypropylene single-use plastic cups beginning April 1, 4
2033;5
(iii) Polyethylene terephthalate and polystyrene single-use 6
plastic cups and polyethylene terephthalate thermoform plastic 7
container packaging used for durable goods beginning January 1, 2035; 8
and9
(iv) Polypropylene tubs in direct contact with food and 10
polyethylene terephthalate thermoform plastic container packaging for 11
consumable goods in direct contact with food or edible products 12
beginning April 1, 2036.13
(e) The department must post the information reported under this 14
subsection on its website, except as provided in subsection (2) of 15
this section. 16
(2) A producer that submits information or records to the 17
department under this chapter may request that the information or 18
records be made available only for the confidential use of the 19
department, the director, or the appropriate division of the 20
department. The director of the department must give consideration to 21
the request and if this action is not detrimental to the public 22
interest and is otherwise in accordance with the policies and 23
purposes of chapter 43.21A RCW, the director must grant the request 24
for the information to remain confidential as authorized in 25
RCW 43.21A.160. 26
NEW SECTION. Sec. 303. A new section is added to chapter 27
70A.245 RCW to read as follows: 28
REQUEST FOR WAIVER. (1)(a) A producer may pay a $1,000 waiver 29
fee, unless exempt from the postconsumer recycled content 30
requirements of RCW 70A.245.020 (13), (14), or (15), and apply to the 31
department for a waiver from the postconsumer recycled content 32
requirements established pursuant to RCW 70A.245.020 (13), (14), or 33
(15). De minimis producers that apply for a waiver under this 34
subsection are not subject to the fee. 35
(b) The department may grant a waiver pursuant to this section if 36
the producer demonstrates, and the department finds, in writing, that 37
any of the following are applicable: 38
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(i) The producer cannot achieve the postconsumer recycled content 1
requirements and remain in compliance with applicable rules and 2
regulations adopted by the United States food and drug 3
administration, or any other state or federal law, rule, or 4
regulation; 5
(ii) It is not technically feasible for the producer to achieve 6
the postconsumer recycled content requirements; or 7
(iii) The producer cannot comply with the postconsumer recycled 8
content requirements due to inadequate availability of recycled 9
material or a substantial disruption in the supply of recycled 10
material. 11
(2) Fees paid under this section must be deposited in the 12
recycled content account created in RCW 70A.245.110.13
NEW SECTION. Sec. 304. A new section is added to chapter 14
70A.245 RCW to read as follows: 15
DEPARTMENT'S DUTIES AND LIMITATIONS. (1) The department must 16
ensure that any rules adopted pursuant to this chapter consider 17
guidelines, and not conflict with regulations, issued by the United 18
States food and drug administration and the United States department 19
of agriculture and consider requirements imposed by other Washington 20
state agencies including, but not limited to, the department of 21
agriculture. 22
(2) The department may not impose any requirement including, but 23
not limited to, a postconsumer recycled content requirement, in 24
direct conflict with a federal law or regulation or the requirements 25
necessary to comply with a federal law or regulation including, but 26
not limited to: 27
(a) Laws or regulations covering tamper-evident packaging 28
pursuant to 21 C.F.R. Sec. 211.132; 29
(b) Laws or regulations covering child-resistant packaging 30
pursuant to 16 C.F.R. Sec. 1700.1 et seq.; 31
(c) Regulations, rules, or guidelines issued by the United States 32
department of agriculture or the United States food and drug 33
administration related to packaging agricultural commodities; and34
(d) Requirements for microbial contamination, structural 35
integrity, or safety of packaging where no viable recyclable or 36
compostable packaging that can meet the requirements exists, pursuant 37
to: (i) The federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 38
et seq.); (ii) 21 U.S.C. Sec. 2101 et seq.; (iii) the federal food 39
p. 26 HB 1071
and drug administration food safety modernization act (21 U.S.C. Sec. 1
2201 et seq.); (iv) the federal poultry products inspection act (21 2
U.S.C. Sec. 451 et seq.); (v) the federal meat inspection act (21 3
U.S.C. Sec. 601 et seq.); or (vi) the federal egg products inspection 4
act (21 U.S.C. Sec. 1031 et seq.). 5
(3) The department may not impose any requirement including, but 6
not limited to, a postconsumer recycled content requirement, on 7
medical devices, drugs, or dietary supplements as defined in 21 8
U.S.C. Sec. 321 et seq. 9
Sec. 305. RCW 70A.245.010 and 2021 c 313 s 2 are each amended to 10
read as follows: 11
The definitions in this section apply throughout this chapter 12
unless the context clearly requires otherwise. 13
(1)(a) "Beverage" means ((beverages identified in (a) through (f) 14
of this subsection, )) liquid products intended for human or animal 15
consumption, and in a quantity more than or equal to two fluid ounces 16
and less than or equal to one gallon: 17
(((a))) (i) Water and flavored water; 18
(((b))) (ii) Beer or other malt beverages; 19
(((c))) (iii) Wine; 20
(((d))) (iv) Distilled spirits; 21
(((e))) (v) Mineral water, soda water, and similar carbonated 22
soft drinks; ((and23
(f) Any beverage other than those specified in (a) through (e) of 24
this subsection, except)) (vi) Dairy milk; and25
(vii) Any other beverage identified by the department by rule.26
(b) Beverage does not include infant formula as defined in 21 27
U.S.C. Sec. 321 (z), medical food as defined in 21 U.S.C. Sec. 28
360ee(b)(3), or fortified oral nutritional supplements used for 29
persons who require supplemental or sole source nutrition to meet 30
nutritional needs due to special dietary needs directly related to 31
cancer, chronic kidney disease, diabetes, malnutrition, and failure 32
to thrive, as those terms are defined by the international 33
classification of diseases, 10th revision, or other medical 34
conditions as determined by the department. 35
(c) For any multilateral beverage container qualifying under this 36
chapter, postconsumer recycled content requirements only apply to the 37
weight of the plastic components of the container, not overall 38
container weight.39
p. 27 HB 1071
(2) "Beverage manufacturing industry" means an association that 1
represents beverage producers. 2
(3) "Condiment packaging" means packaging used to deliver single-3
serving condiments to customers. Condiment packaging includes, but is 4
not limited to, single-serving packaging for ketchup, mustard, 5
relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly, 6
jam, and soy sauce. 7
(4)(a) "Covered product" means an item in one of the following 8
categories subject to minimum postconsumer recycled content 9
requirements: 10
(i) Plastic trash bags; 11
(ii) Household cleaning and personal care products that use 12
plastic household cleaning and personal care product containers; 13
((and))14
(iii) Beverages that use plastic beverage containers;15
(iv) Plastic tubs;16
(v) Thermoform plastic polyethylene terephthalate containers; and17
(vi) Single-use polypropylene, polyethylene terephthalate, or 18
polystyrene cups. 19
(b) "Covered product" does not include any type of container or 20
bag for which the state is preempted from regulating content of the 21
container material or bag material under federal law.22
(5) "Dairy milk" means a beverage that designates milk as the 23
predominant (first) ingredient in the ingredient list on the 24
container's label. 25
(6) "Department" means the department of ecology.26
(7) "Expanded polystyrene" means blown polystyrene and expanded 27
and extruded foams that are thermoplastic petrochemical materials 28
utilizing a styrene monomer and processed by any number of techniques 29
including, but not limited to, fusion of polymer spheres (expandable 30
bead polystyrene), injection molding, foam molding, and extrusion-31
blow molding (extruded foam polystyrene). 32
(8) "Food service business" means a business selling or providing 33
food for consumption on or off the premises, and includes full-34
service restaurants, fast food restaurants, cafes, delicatessens, 35
coffee shops, grocery stores, vending trucks or carts, home delivery 36
services, delivery services provided through an online application, 37
and business or institutional cafeterias. 38
(9) "Food service product" means a product intended for one-time 39
use and used for food or drink offered for sale or use. Food service 40
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products include, but are not limited to, containers, plates, bowls, 1
cups, lids, beverage containers, meat trays, deli rounds, utensils, 2
sachets, straws, condiment packaging, clamshells and other hinged or 3
lidded containers, wrap, and portion cups. 4
(10) "Household cleaning and personal care product" means any of 5
the following: 6
(a) Laundry detergents, softeners, and stain removers;7
(b) Household cleaning products; 8
(c) Liquid soap; 9
(d) Shampoo, conditioner, styling sprays and gels, and other hair 10
care products; or 11
(e) Lotion, moisturizer, facial toner, and other skin care 12
products. 13
(11) "Household cleaning and personal care product manufacturing 14
industry" means an association that represents companies that 15
manufacture household cleaning products and personal care products.16
(12) "Licensee" means a manufacturer of a covered product or 17
entity who licenses a brand and manufactures a covered product under 18
that brand. A franchisee is not a licensee unless a franchisee meets 19
the requirements of a licensee under this subsection.20
(13) "Oral nutritional supplement" means a manufactured liquid, 21
powder capable of being reconstituted, or solid product that contains 22
a combination of carbohydrates, proteins, fats, fiber, vitamins, and 23
minerals intended to supplement a portion of a patient's nutrition 24
intake. 25
(14)(a) "Plastic beverage container" means a bottle or other 26
rigid container that is capable of maintaining its shape when empty, 27
comprised solely of one or multiple plastic resins designed to 28
contain a beverage. "Plastic beverage container" includes a 29
container's cap or lid, beginning January 1, 2026;30
(b) Plastic beverage container does not include:31
(((a))) (i) Refillable beverage containers, such as containers 32
that are sufficiently durable for multiple rotations of their 33
original or similar purpose and are intended to function in a system 34
of reuse; 35
(((b))) (ii) Rigid plastic containers or plastic bottles that are 36
or are used for medical devices, medical products that are required 37
to be sterile, nonprescription and prescription drugs, or dietary 38
supplements as defined in RCW 82.08.0293; 39
(((c))) (iii) Bladders or pouches that contain wine; or40
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(((d))) (iv) Liners, caps, corks, closures, labels, and other 1
items added externally or internally but otherwise separate from the 2
structure of the bottle or container, other than a cap or lids; and3
(c) Other products subject to minimum postconsumer recycled 4
content requirements. 5
(15)(a) "Plastic household cleaning ((and)) container or personal 6
care product container" means a bottle, jug, or other rigid container 7
((with a neck or mouth narrower than the base, and)):8
(i) ((A)) With a minimum capacity of eight fluid ounces or its 9
equivalent volume; 10
(ii) ((A)) With a maximum capacity of five fluid gallons or its 11
equivalent volume; 12
(iii) That is capable of maintaining its shape when empty;13
(iv) Comprised solely of one or multiple plastic resins; and14
(v) Containing a household cleaning or personal care product.15
(b) "Plastic household cleaning ((and)) product container or 16
personal care product container" does not include:17
(i) Refillable household cleaning ((and)) product containers or 18
personal care product containers, such as containers that are 19
sufficiently durable for multiple rotations of their original or 20
similar purpose and are intended to function in a system of reuse; 21
((and))22
(ii) Rigid plastic containers or plastic bottles that are medical 23
devices, medical products that are required to be sterile, and 24
nonprescription and prescription drugs, dietary supplements as 25
defined in RCW 82.08.0293, and packaging used for those products;26
(iii) Other covered products subject to minimum postconsumer 27
recycled content requirements; or28
(iv) Liners, corks, closures, labels, and other items added 29
externally or internally but otherwise separate from the structure of 30
the bottle or container, other than a cap or lid. 31
(16) "Plastic trash bag" means a bag that is made of 32
noncompostable plastic, is at least 0.70 mils thick, and is designed 33
and manufactured for use as a container to hold, store, or transport 34
materials to be discarded or recycled, and includes, but is not 35
limited to, a garbage bag, recycling bag, lawn or leaf bag, can liner 36
bag, kitchen bag, or compactor bag. "Plastic trash bag" does not 37
include any compostable bags meeting the requirements of chapter 38
70A.455 RCW. "Plastic trash bag" does not include any reusable 39
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plastic carryout bag meeting the requirements of RCW 1
70A.530.020(6)(b). 2
(17) "Plastic trash bag manufacturing industry" means an 3
association that represents companies that manufacture plastic trash 4
bags. 5
(18) "Postconsumer recycled content" means the content of a 6
covered product made of recycled materials derived specifically from 7
recycled material generated by households or by commercial, 8
industrial, and institutional facilities in their role as end users 9
of a product that can no longer be used for its intended purpose. 10
"Postconsumer recycled content" includes returns of material from the 11
distribution chain. 12
(19)(a) "Producer" means the following person responsible for 13
compliance with minimum postconsumer recycled content requirements 14
under this chapter for a covered product sold, offered for sale, or 15
distributed in or into this state: 16
(i) If the covered product is sold ((under)) with the 17
manufacturer's own brand or lacks identification of a brand, the 18
producer is the person who manufactures the covered product;19
(ii) If the covered product is manufactured by a person other 20
than the brand owner, the producer is the person who is the licensee 21
of a brand or trademark under which a covered product is sold, 22
offered for sale, or distributed in or into this state, whether or 23
not the trademark is registered in this state, unless the 24
manufacturer or brand owner of the covered product has agreed to 25
accept responsibility under this chapter; or 26
(iii) If there is no person described in (a)(i) and (ii) of this 27
subsection over whom the state can constitutionally exercise 28
jurisdiction, the producer is the person who imports or distributes 29
the covered product in or into the state. 30
(b) A person is the "producer" of a covered product sold, offered 31
for sale, or distributed in or into this state, as defined in (a)(i) 32
through (iii) of this subsection, except where another person has 33
mutually signed an agreement with a producer as defined in (a)(i) 34
through (iii) of this subsection that contractually assigns 35
responsibility to the person as the producer, and the person has 36
joined a registered producer responsibility organization as the 37
responsible producer for that covered product under this chapter.38
(c) "Producer" does not include: 39
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(i) Government agencies, municipalities, or other political 1
subdivisions of the state; 2
(ii) Registered 501 (c)(3) charitable organizations and 501 (c)(4) 3
social welfare organizations; ((or))4
(iii) De minimis producers that annually sell, offer for sale, 5
distribute, or import in or into the country for sale in 6
Washington((:7
(A) Less)) less than one ton of a single category of plastic 8
beverage containers, plastic household cleaning and personal care 9
containers, or plastic trash bags each year; or 10
(((B) A single category of a covered product that in aggregate 11
generates less than $1,000,000 each year in revenue )) (iv) De minimis 12
producers that have global gross revenue of less than $5,000,000 for 13
the most recent fiscal year of the organization. The department shall 14
calculate an adjusted rate to maintain the small business exemption 15
by the rate of inflation. The adjusted rate must be calculated to the 16
nearest cent using the consumer price index. Each adjusted rate 17
calculated under this subsection takes effect on the following 18
January 1st. 19
(20)(a) "Retail establishment" means any person, corporation, 20
partnership, business, facility, vendor, organization, or individual 21
that sells or provides merchandise, goods, or materials directly to a 22
customer. 23
(b) "Retail establishment" includes, but is not limited to, food 24
service businesses, grocery stores, department stores, hardware 25
stores, home delivery services, pharmacies, liquor stores, 26
restaurants, catering trucks, convenience stores, or other retail 27
stores or vendors, including temporary stores or vendors at farmers 28
markets, street fairs, and festivals. 29
(21)(a) "Utensil" means a product designed to be used by a 30
consumer to facilitate the consumption of food or beverages, 31
including knives, forks, spoons, cocktail picks, chopsticks, splash 32
sticks, and stirrers. 33
(b) "Utensil" does not include plates, bowls, cups, and other 34
products used to contain food or beverages. 35
(22) "Brand" means a name, symbol, word, logo, or mark that 36
identifies a product and attributes the product and its components, 37
including packaging, to the brand owner of the product as the 38
producer.39
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(23) "Durable good" means a product that provides utility over an 1
extended period of time.2
(24) "Entity" means an individual and any form of business 3
enterprise. For purposes of calculating the de minimis producer 4
thresholds under this chapter, a producer entity includes all legal 5
entities that are affiliated by common ownership of 50 percent or 6
greater, including parents, subsidiaries, and commonly owned 7
affiliates.8
(25)(a) "Polyethylene terephthalate thermoform plastic container" 9
means a clear or colored plastic container, such as a clamshell, lid, 10
tray, egg carton, trifold, or similar rigid, nonbottle packaging, 11
formed from sheets of extruded polyethylene terephthalate resin and 12
used to package consumable or durable goods that reach consumers, 13
including:14
(i) Branded and prepackaged containers that have been filled with 15
products and sealed prior to receipt by the retail establishment, 16
such as fresh produce, baked goods, nuts, toys, electronics, and 17
tools;18
(ii) Containers that may be filled at the point-of-sale at a 19
retail establishment;20
(iii) Unfilled containers that are sold directly;21
(iv) Hinged plastic containers, commonly known as "clamshells" or 22
"blister packaging";23
(v) Two-piece unhinged containers;24
(vi) One-piece containers without lids, such as trays; and25
(vii) Trifold or tent containers with one or more hinges and a 26
flat bottom.27
(b) "Polyethylene terephthalate thermoform plastic container" 28
does not include:29
(i) Household cleaning products or personal care products;30
(ii) Polypropylene plastic tubs;31
(iii) Refillable containers, such as containers that are 32
sufficiently durable for multiple rotations of their original or 33
similar purpose and are intended to function in a system of reuse;34
(iv) A lid or seal of a different material type from plastic;35
(v) A refillable polyethylene terephthalate thermoform plastic 36
container that ordinarily would be returned to the manufacturer to be 37
refilled and resold;38
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(vi) Plastic containers that are or are used for medical devices, 1
medical products that are required to be sterile, prescription drugs, 2
or dietary supplements as defined in RCW 82.08.0293;3
(vii) Other covered products subject to minimum postconsumer 4
recycled content requirements under this chapter; and5
(viii) Polyethylene terephthalate thermoform plastic containers 6
accompanying a durable good when the durable good model, and the 7
associated packaging, was designed prior to January 1, 2028.8
(26)(a) "Polypropylene plastic tub" means a wide mouth, rigid 9
container used to package consumable or durable goods that reach 10
consumers, with a maximum capacity of 50 ounces, that is:11
(i) Capable of maintaining its shape when empty;12
(ii) Comprised solely of polypropylene; and13
(iii) Sealed with tamper-proof film or a detachable lid capable 14
of multiple openings and closures.15
(b) "Polypropylene plastic tub" does not include:16
(i) Household cleaning and personal care products;17
(ii) Plastic containers that are or are used for medical devices, 18
medical products that are required to be sterile, nonprescription and 19
prescription drugs, or dietary supplements as defined in RCW 20
82.08.0293;21
(iii) Polyethylene terephthalate thermoform plastic containers;22
(iv) Single-use plastic cups made of polypropylene, polyethylene 23
terephthalate, or polystyrene; and24
(v) Other covered products subject to minimum postconsumer 25
recycled content requirements.26
(27)(a) "Single-use plastic cup" means all beverage cups that are 27
nonsealed or sealed at point-of-sale.28
(b) Single-use plastic cups do not include: (i) Commercially or 29
home compostable cups; (ii) expanded polystyrene cups; (iii) 30
composite plastic-lined fiber cups; or (iv) other covered products 31
subject to minimum postconsumer recycled content requirements.32
PART 433
MISCELLANEOUS34
Sec. 401. RCW 81.77.195 and 2010 c 154 s 4 are each amended to 35
read as follows: 36
(1) Upon ((request of )) its own motion, or upon request by a 37
solid waste collection company or a county, the commission may 38
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approve rates, charges, or services at a discount for low-income 1
senior customers and low-income customers ((, as adopted by the county 2
in its comprehensive solid waste management plan )). Expenses and lost 3
revenues as a result of these discounts must be included in the 4
company's cost of service and recovered in rates to other customers.5
(2) In order to remove barriers and to expedite assistance, low-6
income discounts approved under this section must be provided in 7
coordination with community-based organizations in the solid waste 8
collection company's service territory including, but not limited to, 9
city and county government, grantees of the department of commerce, 10
community action agencies, and community-based nonprofit 11
organizations. Nothing in this section may be construed as limiting 12
the commission's authority to approve or modify tariffs authorizing 13
low-income discounts.14
(3) Eligibility for a low-income discount rate established in 15
this section must be established upon verification of a low-income 16
customer's receipt of any means-tested public benefit by an 17
organization identified in subsection (2) of this section, for which 18
eligibility does not exceed the low-income definition set by the 19
commission pursuant to RCW 19.405.020. The public benefits may 20
include, but are not limited to, assistance that provides cash, 21
housing, food, or medical care including, but not limited to, 22
temporary assistance for needy families, supplemental security 23
income, emergency assistance to elders, disabled, and children, 24
supplemental nutrition assistance program benefits, public housing, 25
federally subsidized or state-subsidized housing, the low-income home 26
energy assistance program, veterans' benefits, and similar benefits.27
(4) Each solid waste collection company that offers a low-income 28
discount shall conduct outreach efforts to make the low-income 29
discounts available to eligible customers. Such outreach:30
(a) Must be made at least biannually to inform customers of 31
available rebates, discounts, credits, and other cost-saving 32
mechanisms that can help them lower their monthly bills for solid 33
waste collection service; and34
(b) May be in the form of any customary and usual methods of 35
communication or distribution including, without limitation, widely 36
broadcast communications with customers, direct mailing, telephone 37
calls, electronic communications, social media postings, in-person 38
contacts, websites of the solid waste collection company, press 39
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releases, and print and electronic media, that are designed to 1
increase access to and participation in bill assistance programs.2
(5) Outreach may include establishing an automated program of 3
matching customer accounts with lists of recipients of the means-4
tested public benefit programs and, based on the results of the 5
matching program, to presumptively offer a low-income discount rate 6
to eligible customers so identified. However, the solid waste 7
collection company must within 60 days of the presumptive enrollment 8
inform such a low-income customer of the presumptive enrollment and 9
all rights and obligations of a customer under the program, including 10
the right to withdraw from the program without penalty.11
(6) A residential customer eligible for a low-income discount 12
rate must receive the service on demand.13
(7) A residential customer may not be charged for initiating or 14
terminating low-income discount rates.15
(8) A solid waste collection company is not required to make 16
eligibility determinations for low-income rates.17
(9) The commission may adopt rules or guidance to administer and 18
determine eligibility for discounts for low-income customers.19
(10) For the purposes of this subsection, "low-income" has the 20
same meaning as defined in RCW 19.405.020.21
Sec. 402. RCW 43.21B.110 and 2024 c 347 s 5, 2024 c 340 s 4, and 22
2024 c 339 s 16 are each reenacted and amended to read as follows:23
(1) The hearings board shall only have jurisdiction to hear and 24
decide appeals from the following decisions of the department, the 25
director, local conservation districts, the air pollution control 26
boards or authorities as established pursuant to chapter 70A.15 RCW, 27
local health departments, the department of natural resources, the 28
department of fish and wildlife, the parks and recreation commission, 29
and authorized public entities described in chapter 79.100 RCW:30
(a) Civil penalties imposed pursuant to chapter 70A.230 RCW and 31
RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.230.020, 32
70A.205.280, 70A.355.070, 70A.430.070, 70A.500.260, 70A.505.100, 33
70A.505.110, 70A.530.040, 70A.350.070, 70A.515.060, 70A.245.040, 34
70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 35
70A.65.200, 70A.455.090, 70A.550.030, 70A.555.110, 70A.560.020, 36
70A.565.030, section 207 of this act, 76.09.170, 77.55.440, 37
78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 38
90.56.330, and 90.64.102. 39
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(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 1
18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 2
70A.15.6010, 70A.205.280, 70A.214.140, 70A.300.120, 70A.350.070, 3
70A.245.020, 70A.65.200, 70A.505.100, 70A.555.110, 70A.560.020, 4
70A.565.030, 86.16.020, 88.46.070, 90.03.665, 90.14.130, 90.46.250, 5
90.48.120, 90.48.240, 90.56.330, and 90.64.040. 6
(c) Except as provided in RCW 90.03.210(2), the issuance, 7
modification, or termination of any permit, certificate, or license 8
by the department or any air authority in the exercise of its 9
jurisdiction, including the issuance or termination of a waste 10
disposal permit, the denial of an application for a waste disposal 11
permit, the modification of the conditions or the terms of a waste 12
disposal permit, a decision to approve or deny a solid waste 13
management plan under RCW 70A.205.055, approval or denial of an 14
application for a beneficial use determination under RCW 70A.205.260, 15
an application for a change under RCW 90.03.383, or a permit to 16
distribute reclaimed water under RCW 90.46.220. 17
(d) Decisions of local health departments regarding the granting 18
or denial of solid waste permits pursuant to chapter 70A.205 RCW, 19
including appeals by the department as provided in RCW 70A.205.130.20
(e) Decisions of local health departments regarding the issuance 21
and enforcement of permits to use or dispose of biosolids under RCW 22
70A.226.090. 23
(f) Decisions of the department regarding waste-derived 24
fertilizer or micronutrient fertilizer under RCW 15.54.820.25
(g) Decisions of local conservation districts related to the 26
denial of approval or denial of certification of a dairy nutrient 27
management plan; conditions contained in a plan; application of any 28
dairy nutrient management practices, standards, methods, and 29
technologies to a particular dairy farm; and failure to adhere to the 30
plan review and approval timelines in RCW 90.64.026 as provided in 31
RCW 90.64.028. 32
(h) Any other decision by the department or an air authority 33
which pursuant to law must be decided as an adjudicative proceeding 34
under chapter 34.05 RCW. 35
(i) Decisions of the department of natural resources, the 36
department of fish and wildlife, and the department that are 37
reviewable under chapter 76.09 RCW, and the department of natural 38
resources' appeals of county, city, or town objections under RCW 39
76.09.050(7). 40
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(j) Forest health hazard orders issued by the commissioner of 1
public lands under RCW 76.06.180. 2
(k) Decisions of the department of fish and wildlife to issue, 3
deny, condition, or modify a hydraulic project approval permit under 4
chapter 77.55 RCW, to issue a stop work order, to issue a notice to 5
comply, to issue a civil penalty, or to issue a notice of intent to 6
disapprove applications. 7
(l) Decisions of the department of natural resources that are 8
reviewable under RCW 78.44.270. 9
(m) Decisions of an authorized public entity under RCW 79.100.010 10
to take temporary possession or custody of a vessel or to contest the 11
amount of reimbursement owed that are reviewable by the hearings 12
board under RCW 79.100.120. 13
(n) Decisions of the department of ecology that are appealable 14
under RCW 70A.245.020 to set recycled minimum postconsumer content 15
for covered products or to temporarily exclude types of covered 16
products in plastic containers from minimum postconsumer recycled 17
content requirements. 18
(o) Orders by the department of ecology under RCW 70A.455.080.19
(2) The following hearings shall not be conducted by the hearings 20
board: 21
(a) Hearings required by law to be conducted by the shorelines 22
hearings board pursuant to chapter 90.58 RCW, except where appeals to 23
the pollution control hearings board and appeals to the shorelines 24
hearings board have been consolidated pursuant to RCW 43.21B.340.25
(b) Hearings conducted by the department pursuant to RCW 26
70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 27
70A.15.3110, and 90.44.180. 28
(c) Appeals of decisions by the department under RCW 90.03.110 29
and 90.44.220. 30
(d) Hearings conducted by the department to adopt, modify, or 31
repeal rules. 32
(3) Review of rules and regulations adopted by the hearings board 33
shall be subject to review in accordance with the provisions of the 34
administrative procedure act, chapter 34.05 RCW. 35
NEW SECTION. Sec. 403. Sections 201 through 209 of this act 36
constitute a new chapter in Title 70A RCW.37
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NEW SECTION. Sec. 404. If any provision of this act or its 1
application to any person or circumstance is held invalid, the 2
remainder of the act or the application of the provision to other 3
persons or circumstances is not affected.4
--- END ---
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