Plastic and styrofoam represent a disturbing trend in recent years: The prioritization of convenience and cost efficiency over environmental preservation. Our state is experiencing an overfill of landfills that leads to high levels of methane and carbon dioxide, dangerous greenhouse gases that facilitate climate change, in addition to rising costs for taxpayers. Compounding the effects on the environment, plastic and other forms of nonbiodegradable packaging are often found to contaminate bodies of water, threaten marine wildlife, and lead to an imbalance of the ecosystem.
The exponential growth of landfills places a growing economic burden on urban communities to bear the rising cost of these environmentally dangerous landfills coupled with the health impacts of climate change. The loss of marine wildlife will disproportionately affect food safety and coastal tourism, both sources of vital revenue for communities and cities.
The longer we delay definitive action to reduce nonbiodegradable waste, the more prevalent and entrenched the threat becomes, and the more costly it will be to protect and maintain the well-being of our citizens and communities against the harms of plastic and nonbiodegradable waste. If left unchecked, nonbiodegradable waste will lead to a decline in the health and prosperity of future generations, especially for coastal and urban communities.
According to Puget Sound keeper, in a study conducted in 2019-2020, it was found that from 69 samples taken from the area surrounding Puget Sound, all were found to have microplastics. Microplastics often facilitate:
The spread of toxins like polycyclic aromatic hydrocarbons, commonly found in coal, crude oil, and gasoline, and polychlorinated biphenyls, found in coolant liquids, oil-based paints, and fluorescent lights;
Bioaccumulation and biomagnification of toxins that, according to studies by environment international, have been shown to be carcinogenic and mutagenic;
Harm to the immune systems of animals, provided the size is smaller than five millimeters, which leads to viral infections and sometimes death.
The legislature has taken steps to understand and address the threats posed by nonbiodegradable packaging as science, studying its impact and effects, has continued to develop. With the passage of chapter 138, Laws of 2020, the legislature took steps to address the widespread issue of indiscriminate pollution of plastic bags in bodies of water throughout the state.
The legislature finds that avoiding the increase of nonbiodegradable waste is only possible if restrictions on its role in packaging are implemented. Repairing and eliminating the effects of nonbiodegradable waste in our environment will require mobilization across all levels of government and many economic sectors, including manufacturing and restaurants to reach a net zero increase of nonbiodegradable waste from packaging by 2030. Washington must therefore raise its standards for the widespread implementation of biodegradable alternatives in the next decade.
In strengthening Washington standards for the use of biodegradable materials in packaging, it is the intent of the legislature to pursue these limits in a way that: Reduces the burdens placed on vulnerable populations and highly impacted communities with long-term and short-term benefits and improvements to economic well-being, the environment, and public health.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
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"Biodegradable packaging" includes any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, and at least 90 percent of the organic carbon in the material must be converted to carbon dioxide within 180 days.
"Biodegradable packaging" does not include:
Shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof;
Shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity; or
Containers subject to the provisions of 15 U.S.C. Sec. 231-233 or 234-236.
"Business" includes any activity, enterprise, or organization with the aim of making a profit. For purposes of RCW 42.17A.405, if it conducts continuous or substantial activities in Washington state of such character as to give rise to a legal obligation.
"Department" means the Washington state department of commerce.
"Doing business" means a business meets one or more of the following criteria and includes, nonexhaustively, the following:
Purposefully availing itself of the privilege of conducting business in the state by invoking both benefits and protections of state law;
Appointing an agent for service of process in Washington state;
Registering as a corporation in Washington state;
Operating business locations in Washington state;
Hiring employees to work in Washington state;
Purchasing or selling goods or services in Washington state; or
Operating a transactional internet website for the purpose of conducting business within Washington state.
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"Producer" means any person or business that manufactures plastic products for people, other companies, or for import into the state.
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If the producer manufactures and sells the product, they must abide by both standards under producers and sellers.
If the producer is not the brand owner, the producer is still responsible for following the requirements for producers, specified in this chapter.
This does not apply to state governments.
"Seller" means any person, business, or brand owner that distributes plastic products to other businesses, people, or into the state.
Even if the brand is not registered under the state, they must comply with the requirements of this subsection.
If the seller also manufactures products containing plastic, they must abide by the standards under both producers and sellers.
"Small business" means an in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that:
Certifies, under penalty of perjury, that it is owned and operated independently from all other businesses and has either:
Fifty or fewer employees; or
A gross revenue of less than $7,000,000 annually as reported on its federal income tax return or its return filed with the department of revenue over the previous three consecutive years;
Is certified with the office of minority and women's business enterprises under chapter 39.19 RCW; or
If the seller also manufactures products containing plastic, must abide by the standards under both producers and sellers.
A business must abide by and meet the plastic packaging restrictions as follows:
By January 1, 2025, producers must suspend the production and usage of nonrecyclable bubble wrapping or other loose filled, nonbiodegradable packaging material.
Businesses may receive nonbiodegradable packaging if it is received from a source outside of the state. However, businesses may not use nonbiodegradable packaging for the shipment of their own goods.
By January 1, 2030, both producers and sellers must complete the transition from nonbiodegradable commercial packaging to biodegradable materials.
The department may adopt rules as necessary to aid in the implementation of this chapter.
The department must achieve the following:
Erect a board to facilitate the implementation and planning of policy.
Provide semiannual reports regarding the fiscal status and impact of implementation of this chapter to the governor.
By January 1, 2023, prepare a packaging reduction plan that details transition to 100 percent biodegradable packaging and necessary actions, read and approved by the governor.
Update the packaging reduction plan consistently to reflect current statuses and actions required to achieve goals.
Track progress towards meeting the requirements identified in section 3 of this act to be listed on the public website. Progress reports must include monthly and annual statuses along with projected trajectory.
Beginning September 1, 2028, and each September 1st thereafter, each producer must submit an annual report to the department for the preceding calendar year of plan implementation activities. The annual report must include plan implementation activities as required by this chapter.
Each annual report must include the following information:
The quantity of covered products supplied:
As well as a list and brief explanation of the products sold to consumers in or into the state by each producer;
By material category, of material managed by the program for usage in creating the product;
A description of how the:
Producers will fulfill the requirements of this chapter;
Producers will increase the reuse, refill, and recyclability of covered products; and
A description of actions to be taken to work with and achieve the goals of underserved and underrepresented communities that bear a disproportionate share of adverse environmental impacts through product management practices.