wa-law.org > bill > 2023-24 > SB 5154 > Original Bill
The legislature finds that packaging designs and materials have changed and the way Washington's residents use, consume, and manage materials when no longer wanted has also changed significantly in recent years. These shifts have created unintended consequences, such as the deterioration of ecosystems regionally and worldwide, as well as increased levels of pollution and greenhouse gas emissions that contribute to global climate change, and reductions in human well-being, especially for the most vulnerable populations.
The legislature finds that convenient and environmentally sound extended producer responsibility programs that include collecting, transporting, reusing, and recycling, or the proper end-of-life management of unwanted products help protect Washington's environment and the health of state residents. In general, the state's waste management hierarchy establishes that products should be managed in a manner where a priority is placed on prevention, waste reduction, source reduction, reuse, and recycling over energy recovery and landfill disposal.
The legislature finds that many residents, particularly those who live in rural areas and in multifamily residences, do not have access to convenient or affordable curbside recycling, and must rely on taking recyclables to drop box locations, and that extended producer responsibility programs could make curbside recycling available and affordable for most people in the state.
The legislature also finds that the department of ecology was directed, through an independent consultant, to study how plastic packaging is managed in the state, assess various policy options, and that the study recommendations included establishing an extended producer responsibility policy for all consumer packaging and paper products with a framework that makes producers responsible for achieving specific management and environmental outcomes for the packaging and paper products they supply into Washington state, as well as recommending that postconsumer recycled content requirements and a deposit return system for beverage containers be established.
In addition, the legislature finds extended producer responsibility policies designed to cover all consumer packaging and paper materials offer the potential for greater economies of scale and operational efficiencies than could be achieved under a policy applied only to a subset of materials.
It is the intent of the legislature to require that extended producer responsibility programs, including the achievement of recycling rates, are implemented by and for producers of consumer packaging and paper products in a manner that involves producers in material management from design concept to end-of-life. These programs incentivize innovation and research to develop more efficient recycling technologies and minimize environmental impacts of the packaging and paper products.
It is also intended that these programs be responsibly managed, so that covered products are handled and accounted for from the point of collection through the final destination in a way that benefits the environment and minimizes risks to public health and worker health and safety. It is intended that these programs build and expand on the existing waste and recycling system's infrastructure and reliance on the role of local governments and the utilities and transportation commission in solid waste management.
It is also the intent of the legislature that producers increase the use of postconsumer recycled content in their products, to achieve the goals in RCW 70A.520.010(2), in order to create strong markets for recycled materials and achieve environmental benefits.
Finally, it is the intent of the legislature that, through design and innovation, producers will reduce the use and climate impact of consumer packaging and paper products, increase the use of postconsumer recycled content, and make all packaging reusable, recyclable, or compostable. The legislature intends that the policy of the state is to achieve, by 2035, an overall recycling and reuse rate of 90 percent for consumer packaging and paper products.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Advisory council" means the advisory council created in section 121 of this act.
"Alternative recycling process" means a recycling process that occurs other than through purely mechanical means.
"Aluminum" means a covered product made of the chemical element aluminum that forms a silvery white to dull gray, nonmagnetic metal.
"Brand" means a name, symbol, word, logo, or mark that identifies a product and attributes the product and its components, including packaging, to the brand owner of the product as the producer.
"Brand owner" means a person who owns or licenses a brand or who otherwise has rights to market a product under the brand, whether or not the brand trademark is registered.
"Compostable" means a product that is capable of undergoing aerobic biological decomposition in a composting system, that results in the material being broken down primarily into carbon dioxide, water, inorganic compounds, and biomass.
"Composting system" means a system meeting the requirements of chapter 70A.205 RCW applicable to facilities that treat solid waste for composting.
"Consumer" means a person who purchases or receives a covered product and is the intended end user or recipient of the covered product.
"Contamination" means:
The presence of materials in a given collected material stream that are not on the list of materials designated for collection in that material stream; or
The presence of materials in a given recycled material delivered as a feedstock or commodity that are not specified or accepted as a component of the feedstock or commodity.
"Covered product" means packaging and paper products sold or supplied to consumers for personal use.
"Department" means the department of ecology.
"Designated for collection" means the covered products that are included in the material categories listed in a producer responsibility organization's plan to be collected for reuse or recycling.
"Eliminate" or "elimination," with respect to source reduction, means the removal of a plastic component from a covered material without replacing that component with a nonplastic component.
"Final disposition" means the point at which a covered product:
Becomes a reused material;
Becomes a recycled material; or
Is delivered to a disposal site, as defined in RCW 70A.205.015.
"Flexible plastic" means any covered product made of polymers that is flexible in form, including films and multilayer laminates.
"Glass" means a covered product made of soda lime glass.
"Government entity" means any:
County, city, town, or other local government, including any municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency;
State office, department, division, bureau, board, commission, or other state agency;
Federally recognized Indian tribe whose traditional lands and territories include parts of Washington; or
Federal office, department, division, bureau, board, commission, or other federal agency.
"Material category" means a group of covered products defined by the producer responsibility organization that have similar properties such as chemical composition, shape, or other characteristics including, but not limited to:
Plastic beverage containers;
Rigid plastic, excluding plastic beverage containers;
Flexible plastic;
Paper;
Aluminum;
Steel; and
Glass.
"Overburdened communities" means the overburdened communities identified and prioritized by the department under RCW 70A.02.050(1)(a).
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"Packaging" means a material, substance, or object that is:
Used to protect, contain, transport, or serve a product;
Sold or supplied to consumers expressly for the purpose of protecting, containing, transporting, or serving products;
Attached to a product or its container for the purpose of marketing or communicating information about the product;
Supplied at the point of sale to facilitate the delivery of the product; or
Supplied to or purchased by consumers expressly for the purpose of facilitating food or beverage consumption that is ordinarily discarded by consumers after a single use or short-term use, whether or not it could be reused.
"Packaging" does not include:
Materials intended to be used for the long-term storage or protection of a durable product, that is intended to transport, protect, or store the product on an ongoing basis and that can be expected to be usable for that purpose for a period of at least five years;
Materials used to package pesticide products regulated by the federal insecticide, fungicide, and rodenticide act, 7 U.S.C. Sec. 136 et seq. that are in direct contact with the regulated product. This exemption does not include products regulated by the United States food and drug administration;
Products excluded temporarily under section 129 of this act; and
Qualifying beverage containers subject to the requirements of chapter 70A.--- RCW (the new chapter created in section 603 of this act), upon the receipt by the department of a written notice under section 302 of this act regarding the designation of a distributor responsibility organization to implement a deposit return system under chapter 70A.--- RCW (the new chapter created in section 603 of this act).
"Paper" means packaging or paper products made of paper fiber, regardless of its cellulosic fiber source, which may include, but is not limited to: Wood, wheat, rice, cotton, bananas, eucalyptus, bamboo, hemp, and sugar cane or bagasse.
"Paper product" means paper sold or supplied including, but not limited to, flyers, brochures, booklets, catalogs, newspapers, magazines, copy paper, printing paper, and all other paper materials except for: (a) Bound books; (b) conservation grade and archival grade paper; and (c) paper products that, by any common and foreseeable use, could reasonably be anticipated to become unsafe or unsanitary to handle.
"Plan" means description of the approach and activities developed by a producer responsibility organization to fulfill the requirements and to carry out the responsibilities of producers under this chapter.
"Postconsumer recycled content" has the same meaning as defined in section 201 of this act.
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"Producer" means the following person responsible for compliance with requirements under this chapter for a covered product sold, offered for sale, or distributed in or into this state:
(A) If the product is sold in or with packaging under the brand of the product manufacturer or is sold in packaging that lacks identification of a brand, the producer of the packaging is the person that manufactures the packaged product;
(B) If the covered product is sold under the brand of a retail establishment, the producer is the retail establishment;
(C) If the product is manufactured by a person other than the brand owner, the producer of the packaging is the person that is the licensee of a brand or trademark under which a packaged item is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state; or
(D) If there is no person described in (a)(i)(A), (B), or (C) of this subsection within the United States, the producer of the packaging is the person who imports the packaged product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the product in this state.
ii. For products sold or distributed in packaging in or into this state via remote sale or distribution:
(A) The producer of packaging used to directly protect or contain the product is the same as the producer for purposes of (a)(i) of this subsection;
(B) The producer of packaging used to ship the product to a consumer is the person that packages and ships the product to the consumer.
iii. For all other packaging that is a covered product, the producer of the packaging is the person that first distributes the packaged product in or into this state.
iv. For paper products that are magazines, newspapers, catalogs, telephone directories, or similar publications, the producer is the publisher.
v. For paper products not described in (a)(iv) of this subsection, the producer is:
(A) The person that manufactures the paper product under the manufacturer's own brand;
(B) If the paper product is manufactured by a person other than the brand owner, the producer of the paper product is the person that is the owner or licensee of a brand or trademark under which the paper product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state; or
(C) If there is no person described in (a)(v)(A) or (B) of this subsection within the United States, the producer of the paper product is the person that imports the paper product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the paper product in this state.
b. "Producer" does not include:
i. Government agencies, municipalities, or other political subdivisions of the state;
ii. Registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations; or
iii. De minimis producers that annually sell, offer for sale, distribute, or import:
(A) In Washington state less than one ton of covered products; and
(B) That have a global gross revenue of less than $5,000,000 for the most recent fiscal year of the organization.
"Producer responsibility organization" means:
A nonprofit organization that qualifies for a tax exemption under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code and is designated by a producer or group of producers to develop and carry out the activities required of producers by this chapter;
Until January 15, 2026, an organization that has applied for a tax exemption under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code and is designated by a producer or group of producers to develop and carry out the activities required of producers under this chapter;
A producer that registers with the department as a producer responsibility organization; or
An organization as defined by rule by the department consistent with section 104(6) of this act.
"Program" means the activities conducted to implement an approved producer responsibility organization plan.
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"Public place" is an indoor or outdoor location open to and generally used by the public and to which the public is permitted to have access including, but not limited to, streets, sidewalks, plazas, town squares, public parks, beaches, forests, or other public land open for recreation or other uses, and transportation facilities such as bus and train stations, airports, and ferry terminals.
"Public place" does not include a retail establishment or industrial, commercial, or privately owned property that is not required to be accessible to the public.
"Recyclable" means a covered product that is collected, separated, and reprocessed into a recycled material, and that does not contain harmful chemical, physical, biological, or radiological substances that will pose a threat to human health or the environment for its intended or likely manner of use.
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"Recycled material" means material derived from covered products that is reprocessed into products or delivered as feedstocks or commodities to a responsible end market for use in the production of new products whether for the original or another purpose.
"Recycled material" does not include energy recovery and the reprocessing of materials that are to be used as fuels or landfill cover.
"Responsible end market" means a materials market in which the recycling of materials and the disposal of contaminants is conducted in a way that:
Minimizes impacts to the environment; and
Minimizes risks to public health and worker health and safety.
"Responsible management" means the handling, tracking, and disposition of covered products from the point of collection through the final destination of the collected material in a way that minimizes impacts to the environment and minimizes risks to public health and worker health and safety.
"Retail establishment" includes any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer.
"Reusable" means:
For packaging that is reused or refilled by a producer, the packaging satisfies all of the following:
Explicitly designed and marketed to be utilized multiple times for the same product, or for another purposeful packaging use in a supply chain;
Designed for durability to function properly in its original condition for multiple cycles of reuse or refill;
Supported by adequate infrastructure to ensure the packaging can be conveniently and safely reused or refilled for multiple cycles; and
Repeatedly recovered, inspected, and reissued into the supply chain for reuse or refill for multiple cycles.
For packaging that is reused or refilled by a consumer, the packaging satisfies all of the following:
Explicitly designed and marketed to be utilized multiple times for the same product;
Designed for durability to function properly in its original condition for utilization in multiple cycles of reuse or refill; and
Supported by adequate and convenient availability of retail infrastructure to ensure the packaging can be conveniently and safely reused or refilled by the consumer multiple times.
"Reused material" means material that is collected after use and reused for its original or similar purpose or function.
"Rigid plastic" means any covered product made of polymers that is rigid or semirigid in form, including foams.
"Socially just management" means practices that:
Provide equitable access to and benefits from services, regardless of race, income, socioeconomic status, health, and other population vulnerability or sensitivity characteristics;
Prevent or, if not preventable, minimize environmental harms or risks; and
Prevent or, if not preventable, minimize and mitigate impacts to overburdened communities or vulnerable populations identified by the department under chapter 70A.02 RCW.
"Steel" means any covered product made of a ferrous metal substance.
"Vulnerable populations" has the same meaning as defined in RCW 70A.02.010.
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Beginning January 15, 2024, each producer that offers for sale, sells, or distributes in or into Washington a covered product must join a producer responsibility organization that is registered with the department or register with the department as a producer responsibility organization. A producer that has not joined a producer responsibility organization may not sell or supply covered products in or into Washington.
A person who would be determined to be the producer of a covered product, based on the definition of "producer" as defined in section 102 of this act, is not required to join a producer responsibility organization for that covered product if another person has joined a producer responsibility organization and registered as the producer responsible for that covered product under this chapter.
A producer responsibility organization that meets the definition under section 102 of this act that implements or proposes to implement a plan under this chapter may not include on its board of directors, or otherwise be governed by, representatives or affiliates of any public or private entities that submit bids to perform work for the producer responsibility organization or that contract with the producer responsibility organization.
By January 15, 2024, and each January 15th thereafter, each producer, through a submission by a producer responsibility organization, must register with the department. A registration submission by a producer responsibility organization must include the following:
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A list of all their member producers and their brands of covered products, and members of the board of directors;
If there are changes to the list of member producers and brands or members of the board of directors by the end of a given quarter, a producer responsibility organization must submit an updated list to the department within 30 days of the end of that quarter.
Until a producer responsibility organization begins to submit annual reports, as specified under section 120 or 210 of this act, the following data for the prior calendar year:
The weight, by material category, of covered products supplied into the state to consumers;
A description of how the producer responsibility organization has distinguished and apportioned the quantities of packaging and paper products sold or supplied to consumers that are considered covered products under this chapter, from quantities of packaging and paper products sold or supplied for other uses that are not considered covered products under this chapter. A producer responsibility organization may rely on member reporting for this description. The weight of any covered products that are reusable or compostable must each be reported separately from the weight of other types of covered products; and
A list of all member producers and their brands of postconsumer recycled content products required to meet the postconsumer recycled content requirements of chapter 70A.--- RCW (the new chapter created in section 602 of this act).
A producer responsibility organization may submit national or regional data allocated on a per capita basis for Washington to approximate the information required in this subsection if state-level data is not available or feasible to generate.
By June 30, 2024, and every June 30th thereafter, every registered producer responsibility organization must submit an annual payment for the following fiscal year, as determined by the department in section 104 of this act, to fund the:
Costs to implement, administer, and enforce this chapter and chapter 70A.--- RCW (the new chapter created in section 602 of this act), including rule making;
Statewide needs assessment established in section 105 of this act; and
Support and facilitation of the advisory council created in section 121 of this act.
Beginning July 1, 2026, or within six months of the first adoption of rules relating to this chapter, whichever is later, every registered producer responsibility organization must submit a plan meeting the requirements of section 107 of this act to the department for approval consistent with the requirements of this chapter.
A producer responsibility organization registered with the department as of January 15, 2026, must:
Implement its plan as approved by the department by July 1, 2027, or within six months of plan approval, whichever is later;
Submit the annual postconsumer recycled content report to the department in April for the prior calendar year required in section 210 of this act; and
Submit an annual report for the prior calendar year to the department consistent with section 120 of this act by July 1, 2028, and each July 1st thereafter.
A producer responsibility organization registering for the first time with the department after January 15, 2026, must:
Submit the list of producers, brands, board members, data, and department payment as required in subsections (3) and (4) of this section;
Submit a plan to the department for approval, informed by a stakeholder consultation process and consistent with the requirements of this chapter, within one year of registration;
Submit a new or revised plan within 60 days after receipt of a letter of disapproval from the department, if applicable;
Implement its plan as approved by the department within six months of approval;
Submit the annual postconsumer recycled content report for the prior calendar year required in section 210 of this act; and
A producer responsibility organization must respond, in writing, to the advisory council's written comments and recommendations within 60 days of receipt.
The department must implement, administer, and enforce this chapter. The department's implementation, administration, and enforcement duties under this chapter, including the requirements of this section, are supplemented by the provisions of chapter 70A.--- RCW (the new chapter created in section 602 of this act).
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By April 1, 2024, and every April 1st thereafter, the department must:
Prepare a workload analysis that identifies the projected annual costs to implement, administer, and enforce this chapter and chapter 70A.--- RCW (the new chapter created in section 602 of this act), including rule making, in the next fiscal year;
Determine a total annual fee payment to be paid by each producer responsibility organization that is adequate to cover, but not exceed, the costs identified in (a)(i) of this subsection and the costs of the:
(A) Performance rates study and the statewide needs assessment established in section 105 of this act; and
(B) Support and facilitation of the advisory council created in section 121 of this act;
iii. Until rules are adopted under (a)(iv) of this subsection, issue a general order to all registered producer responsibility organizations. The department must equitably determine fee amounts for producer responsibility organizations;
iv. By 2026, adopt rules to equitably determine annual fee payments by producer responsibility organizations. Once these rules are adopted, the general order issued under (a)(iii) of this subsection is no longer effective; and
v. Send notice to producer responsibility organizations of fee amounts due consistent with either the general order issued under (a)(iii) of this subsection or rules adopted under (a)(iv) of this subsection.
b. The department must:
i. Apply any remaining annual payment funds from the current year to the annual payment for the coming fiscal year, if the collected annual payment exceeds the costs identified under (a)(ii) of this subsection for a given year; and
ii. Increase annual payments for the coming fiscal year to cover the costs identified under (a)(ii) of this subsection, if the collected annual payment was less than the amount required to cover those costs for a given year.
The department must review the performance rates proposed by producer responsibility organizations as required in section 111 of this act and which must be achieved by the ninth calendar year from the effective date of this section. The department must:
Upon receipt from the producer responsibility organization, make proposed performance rates available for public review and comment for at least 30 days;
Review proposed performance rates within 90 days of receipt of a complete submission;
Make a determination as to whether or not to approve proposed performance rates and notify the producer responsibility organization of the:
Determination of approval if the submission meets the requirements of this chapter, taking into consideration comments received under (a) of this subsection; or
Reasons for not approving a submission of proposed performance rates. The producer responsibility organization must submit new or revised proposed performance rates within 30 days after receipt of the letter of disapproval.
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The department must review new, updated, and revised plans submitted by producer responsibility organizations as required in section 108 of this act. The department must:
Make new, updated, and revised plans available for public review and comment for at least 30 days prior to the department's approval decision;
Review new, updated, and revised producer responsibility organization plans within 120 days of receipt of a complete plan;
Make a determination as to whether or not to approve a plan, plan update, or plan revision and notify the producer responsibility organization of the:
(A) Determination of approval if a plan provides for a program that meets the requirements of this chapter, taking into consideration comments received under (a)(i) of this subsection; or
(B) Reasons for not approving a plan. The producer responsibility organization must submit a new or revised plan within 60 days after receipt of the letter of disapproval. In the event that a new or revised plan submitted by a producer responsibility organization does not sufficiently meet the requirements of this chapter, including any deficiencies identified in the initial letter of disapproval, the department may:
(I) Use the enforcement powers specified in section 124 of this act; or
(II) Amend the contents of the insufficient new or revised plan in a manner that ensures that the plan meets the requirements of this chapter and the department may require the producer responsibility organization to implement the plan as amended by the department.
b. The approval of a plan by the department does not relieve producers participating in the plan from responsibility for fulfilling the requirements of this chapter.
The department must review annual reports submitted by producer responsibility organizations as required in section 120 of this act and under chapter 70A.--- RCW (the new chapter created in section 602 of this act). The department must:
Make annual reports available for public review and comment for at least 30 days upon the receipt of the annual report by the department;
Review within 120 days of receipt of a complete annual report;
Make a determination as to whether or not an annual report meets the requirements of section 120 of this act and notify the producer responsibility organization of the:
Determination of approval of the annual report; or
Reasons for not approving the annual report. The producer responsibility organization must submit a revised annual report within 60 days after receipt of the letter of disapproval;
Notify a producer responsibility organization if the annual report demonstrates that the program and activities to implement the plan fail to achieve the performance rates approved by the department or otherwise fail to achieve significant requirements under this chapter.
The department must adopt rules as necessary to implement, administer, and enforce this chapter.
Except where otherwise provided in this chapter, the department shall seek to adopt rules that are harmonized with the regulatory standards, exemptions, reporting obligations, and other compliance requirements of other states that:
Have adopted producer responsibility programs similar to the program established in this chapter; and
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Are home to producers that supply, or have the potential to supply, significant quantities of covered products to Washington markets; or
To which Washington supplies, or has the potential to supply, significant quantities of covered products.
The department may by rule require producer responsibility organizations to fund activities to make convenient collection services available for recycling of covered products designated for collection from locations or entities determined to be significant sources of covered product waste and that are additional to those locations identified under section 113 of this act. These locations or entities may include, but are not limited to, public places and official gatherings. Rules adopted under this subsection apply to producer responsibility organizations no earlier than January 1, 2029, and may be updated no more frequently than every five years.
The department must maintain a public website that:
Lists each registered producer responsibility organization along with its member producers and their covered products that are included under the producer responsibility organization's plan; and
Makes available each plan and annual report received by the department under this chapter.
a. Carried out by a third-party consultant selected by the department; and
b. Funded through payments or reimbursements collected from producer responsibility organizations.
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The performance rates study must be completed by April 1, 2024, and must:
Use the recycling rates from the study submitted to the legislature pursuant to section 302(59), chapter 297, Laws of 2022;
Review the performance rates set and achieved in jurisdictions with producer responsibility programs for packaging or similar programs and evaluate whether those rates are applicable in the state;
Recommend performance rates, including:
(A) A rate for the overall combined reuse and recycling of covered products;
(B) A separate specific minimum reuse rate, that must be counted within the overall combined reuse and recycling rate;
(C) A source reduction rate to be achieved solely by eliminating plastic components; and
(D) If a distributor responsibility organization under chapter 70A.--- RCW (the new chapter created in section 603 of this act) has notified the department of its intent to implement a deposit return system at least six months prior to the date of the completion of a new or updated performance rates study under this section, alternate rates as described under (a)(iii) (A) through (C) of this subsection that exclude qualifying beverage containers that are to be managed under the deposit return system.
b. Recommendations under (a) of this subsection must consider the feasibility of achieving recommended rates based on current rates achieved in the state, rates achieved in other jurisdictions with similar programs, and additional relevant data. The recommended performance rates must be designed to be achieved for covered products statewide by 2032.
c. The advisory council and any producer responsibility organization that is registered with the department by January 15, 2024, must have the opportunity to review and comment on a draft performance rates study prior to its completion.
d. No more frequently than every five years, the department may update the performance rates study required under this section, consistent with subsection (1) of this section.
The statewide needs assessment must be completed by July 1, 2025, and must be consistent with the following requirements:
The final scope of the statewide needs assessment must be determined after considering comments and recommendations from the advisory council established in section 121 of this act, from the utilities and transportation commission, and from any producer responsibility organization that is registered with the department by January 15, 2024; and
The utilities and transportation commission, the advisory council created in section 121 of this act, and registered producer responsibility organizations must have the opportunity to review and comment on the draft statewide needs assessment prior to its completion.
The statewide needs assessment must be:
Informed by the findings and recommendations of the performance rates study established in this section and the rates submitted by producer responsibility organizations and approved by the department under section 111 of this act; and
Accepted from the selected consultant as complete by the department.
The statewide needs assessment must:
Evaluate the capacity, costs, gaps, and needs for the following factors:
Availability and types of recycling services for covered products relative to the convenience standards specified in section 113 of this act and to additional potential service methods recommended by producer responsibility organizations during the study scoping process;
Education and outreach activities relative to the standards specified in section 119 of this act;
Availability and performance of collection, transport, and processing capacity and infrastructure relative to the management standards specified in section 110 of this act and the approved performance rates submitted by producer responsibility organizations, including consideration of material quality and contamination;
Availability and performance of collection, transport, and processing capacity and infrastructure to manage compostable covered products, including consideration of the material quality and contamination;
Necessary capital investments to existing reuse and recycling infrastructure; and
Compile information related to actual costs incurred by government entities for curbside collection services, drop-off collection services, and other information relevant to the funding requirements for producer responsibility organizations in accordance with section 112 of this act, including costs for various service methods recommended by producer responsibility organizations during the study scoping process;
Identify cost factors and other variables to be considered in the development of base cost formulas for establishing per unit reimbursement rates to government entities for curbside collection services delivered in accordance with this chapter. Cost factors and variables to be considered in the base cost formulas include:
Population size and density of a local jurisdiction;
Types of households serviced and collection method used;
Distance from a local jurisdiction to the nearest recycling facility;
Whether a jurisdiction pays for transportation and sorting of collected materials and whether it receives a commodity value from processed materials;
Geographic location or other variables contributing to regional differences in costs;
Cost increases over time; and
Any other factors as determined to be necessary by the department, with input from producer responsibility organizations, the advisory council, and the utilities and transportation commission;
Identify cost factors and other variables to be considered in the development of reimbursement rates to government entities for any services other than curbside collection that may be included in producer responsibility organization plans to be carried out by government entities;
Identify issues to be considered in the development of a service agreement template outlining terms and conditions for reimbursement to government entities for services delivered in accordance with the requirements of this chapter;
Compile relevant information to be considered in the development of criteria by the department to determine whether a covered product is recyclable, reusable, or compostable, consistent with section 104 of this act. The relevant information to be compiled may include whether covered product materials are:
Or may be, collected, separated, and processed in sufficient quantity and quality into a marketable feedstock that can be used in the production of new products; or
Designed in a way that is problematic for reuse, recycling, or composting;
Evaluate how the state's recycling system can be managed in a socially just manner for the purpose of informing how each producer responsibility organization implementing a plan can support this objective as it relates to activities required under this chapter. The assessment must:
Include meaningful consultation with overburdened communities and vulnerable populations;
Determine conditions and make recommendations including, at minimum:
(A) An evaluation of recycling processing facility worker conditions, wages, and benefits;
(B) The availability of opportunities in the recycling system for women and minority individuals;
(C) The sufficiency of local government requirements related to multifamily recycling services and their implementation;
(D) Identification of activities that disproportionately impact any community and in particular overburdened communities and vulnerable populations;
(E) The sufficiency of recycling education and outreach programs relative to desired socially just management outcomes; and
(F) Recommendations for improving socially just management practices and outcomes in the state's recycling system, including considerations for how a producer responsibility organization implementing a plan can support this objective as it relates to activities required under this chapter;
h. Evaluate the extent to which covered products contribute to litter and marine debris for the purpose of informing how a producer responsibility organization implementing a plan can support litter and marine debris prevention as it relates to activities required under this chapter. The assessment should draw on available data, assess gaps, and identify strategies for improving prevention and cleanup of litter and marine debris from covered products;
i. Compile information from available data sources on the presence of toxic substances in covered products and their potential impacts on reuse, recycling, and composting systems. The information compiled is intended to inform the development of eco-modulation factors by a producer responsibility organization that incentivize the reduction of toxic substances that have potentially negative impacts when covered products are managed through reuse, recycling, and composting systems.
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In consultation with the advisory council, the utilities and transportation commission, and registered producer responsibility organizations, the department may update the statewide needs assessment to inform the development of producer responsibility organization plans, including updates to base cost formulas to be used for establishing reimbursement rates to government entities for services delivered in accordance with the requirements of this chapter.
The scope of a needs assessment update may be adjusted to modify or omit study elements described under subsection (3) of this section, after consultation with the advisory council, the utilities and transportation commission, and any producer responsibility organization by January 15th of the year in which the statewide needs assessment update is to be conducted.
The scope of a needs assessment update may include an analysis of the plastic resin market including:
Analyzing market conditions and opportunities in the state's recycling industry for meeting the minimum postconsumer recycled content requirements for covered products identified in chapter 70A.--- RCW (the new chapter created in section 602 of this act); and
Determining the data needs and tracking opportunities to increase the transparency and support of a more effective, fact-based public understanding of the recycling industry.
Each producer of covered products must participate in, implement, and fund a producer responsibility organization plan approved by the department, consistent with the timelines established in sections 103 and 108 of this act, and in accordance with the funding requirements established in section 112 of this act.
A producer responsibility organization that is registered with the department must develop and maintain a public website with enhanced language access informing the public of plan implementation details, including collection services and locations for each type of covered product, and a current list of all member producers and brands of covered products participating in the plan.
Prior to submitting a new, updated, or revised plan to the department, a producer responsibility organization must conduct a consultation process to directly and actively involve stakeholders in development of key plan elements established in section 107 of this act. The producer responsibility organization, through the consultation process, must solicit and respond to input and recommendations from the advisory council established in section 121 of this act, the utilities and transportation commission, and other stakeholders. The consultation process required in advance of the submission of a plan to the department is in addition to the department-led public comment process specified in section 104(4) of this act. At a minimum, the consultation process must include:
Quarterly meetings open to the public with the advisory council subject to the requirements of chapter 42.30 RCW throughout the plan development process to discuss and review key plan elements;
Consultation on the base cost formulas to be used for calculating per unit reimbursement rates to government entities for curbside collection services;
Consultation on the reimbursement rates to be used for any services other than curbside collection that are to be carried out by government entities and that may be included in producer responsibility organization plans;
Consultation on the service agreement template and any other forms, contracts, or documents outlining the terms and conditions for reimbursement to government entities for services delivered in accordance with the requirements of this chapter;
Prudency review by the utilities and transportation commission of base cost formulas proposed to be used for calculating reimbursement rates for government entities, as described in section 115 of this act. For the purposes of this chapter, a prudency review must include the following:
Before base cost formulas are submitted to the department as part of a producer responsibility organization plan, the utilities and transportation commission must conduct a prudency review;
Within 45 days after receiving base cost formulas from a producer responsibility organization, the utilities and transportation commission must review the formulas and shall advise the producer responsibility organization and the advisory council on the prudency of the reimbursement rates to be paid by a producer responsibility organization to government entities for costs incurred in delivery of services in accordance with the requirements of this chapter;
Opportunities for all stakeholders, including the advisory council, the utilities and transportation commission, and members of the public to provide comment on the plan for no less than 30 days prior to its submission to the department;
Presentations in various formats and languages as necessary for soliciting meaningful input on the plan and receiving comments including workshops, surveys, webinars, and one-on-one meetings; and
Documentation of all comments received from the advisory council and other stakeholders, and summary of responses provided by the producer responsibility organization for purposes of a stakeholder consultation report to be included with the submission of a plan to the department. The stakeholder consultation report must also describe each forum in which comments or input was received and how it was addressed in the plan.
All plans and plan updates must contain the following information:
Identification of the governing board members of the producer responsibility organization;
A list and explanation of the covered products supplied or sold in or into Washington by each member producer and their brands of covered products participating in the plan;
A description of the structure of the fees owed by producers to be used to implement the plan, including the eco-modulation of fees consistent with section 112 of this act;
How the producer responsibility organization will encourage and incentivize waste prevention and reduction of consumer packaging and paper products and their associated climate impacts;
How the producer responsibility organization will encourage and incentivize redesign of covered products to be reusable, recyclable, or compostable, including a description of any application of the authority for the producer responsibility organization to establish postconsumer recycled content requirements under section 213 of this act;
How the producer responsibility organization will use and interact with recycling programs and infrastructure that predate the implementation of the plan;
How the producer responsibility organization will fund reuse and recycling infrastructure and market development in Washington state as described in section 118 of this act;
How the program will maximize the efficiency of the system of collecting and managing covered products through reuse and recycling;
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A list of covered products designated for collection statewide as required under section 113 of this act;
The list required in (a) of this subsection must identify the covered products designated for collection from residents statewide:
Through curbside collection or, where curbside garbage service is not available, through permanent collection facilities;
Through alternate collection; and
Through public place collection;
If the list required in (a) of this subsection includes any covered product that is not recyclable as defined in section 102 of this act, the plan must provide a justification for its inclusion on the list and describe activities to be undertaken to allow the covered product to meet the definition of recyclable within a reasonable time frame;
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A list and description of any covered products that are compostable and the collection systems and processing infrastructure and other activities that will be used to ensure responsible management of compostable covered products;
A list and description of covered product reuse and refill collection systems and processing infrastructure;
Activities to be undertaken to make convenient collection services available for covered products in accordance with the convenience standards established under section 113 of this act including, at minimum, the following information:
The jurisdictions where curbside collection services are available or are anticipated to be available upon the implementation of a plan, including the following service details:
Service provider information, including whether the service provider is a government entity, a private service provider under contract with a government entity, or a private service provider regulated by the utilities and transportation commission; and
Service frequency, schedule, collection methods, types of covered products included, and other pertinent service details, including whether any changes are anticipated as part of plan implementation;
The locations of permanent collection facilities, the planned hours in which free and equitable access will be provided, and the types of covered products to be collected at each location, including whether any changes are anticipated as part of plan implementation;
The types of alternate collection used other than permanent collection facilities, including detailed descriptions of the collection methods, any physical infrastructure used, covered products included, and whether any changes are anticipated as part of plan implementation; and
The locations of public place collection services, covered products included, and whether any changes are anticipated as part of plan implementation;
Proposed performance rates for covered products reported as supplied, as described in section 111 of this act, including a description of the basis and reasoning for the rates proposed;
Activities to be undertaken to meet the performance rates;
Activities to be undertaken to implement the education and outreach component as required under section 119 of this act;
Activities to facilitate recycling of covered products back into covered products and encourage development of circular economic activity in the state and region. The producer responsibility organization shall provide a description of how the producers would propose to structure agreements to purchase recycled materials from material recovery facilities or other processing facilities, reclaimers, or other end markets to support producers' priority access to commodities, based on fair market pricing for commodities of comparable quality and considering long-term contracts and other purchase arrangements;
Activities to be undertaken to minimize the amount and cost of residuals from the collection and processing of covered materials designated for collection. These include residuals from materials recovery facilities or similar facilities producing specification-grade commodities for sale, but do not include residuals from further processing of end market-ready material;
Activities to be undertaken to develop or support responsible end markets for covered products;
A description of how plan implementation will maintain responsible management practices for covered products through to final disposition and ensure that any covered products collected for recycling will be delivered to a responsible end market;
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A description of the base cost formulas to be used to calculate per unit reimbursement rates for curbside collection services with similar attributes that are delivered by government entities in accordance with the requirements of this chapter, whether such services are provided directly or through a contracted service provider. If a plan includes more than one base cost formula for curbside collection services, the producer responsibility organization must make clear the conditions under which each formula will be applied;
A description of the reimbursement rates to be used for any services other than curbside collection included in the plan that are to be carried out by government entities;
A description of:
How the per unit reimbursement rates cover all obligations associated with curbside collection services specified in this chapter and any other services included in the plan that are to be delivered by government entities;
How reimbursements will be distributed;
Any terms or conditions covered in the service agreements with government entities for receiving reimbursements, including any service standards and reporting requirements; and
How the producer responsibility organization will work with government entities and other stakeholders to achieve successful implementation of the services for which the producer responsibility organization provides reimbursement;
A template of the service agreement and any other forms, contracts, or other documents for use in distribution of reimbursements to government entities and other stakeholders;
A description of how the producer responsibility organization will implement the program in a manner consistent with the requirements of section 115 of this act;
A description of the service standards for residential curbside collection services provided in areas regulated by the utilities and transportation commission under the provisions of chapter 81.77 RCW;
Activities to be undertaken to reduce contamination from covered products at compost or other organic material management facilities as defined in RCW 70A.205.015, including through decontamination equipment improvements and conducting packaging contamination composition studies;
A stakeholder consultation report, as described in section 106(3)(h) of this act;
A process to resolve disputes for determining and paying the reasonable costs that arise between a producer responsibility organization and a government entity or a recycling service provider. This process must be reviewed by the advisory council to ensure the producer responsibility organization covers costs related to this chapter and becomes effective upon plan approval by the department;
A description of how the producer responsibility organization will coordinate with other producer responsibility organizations in the state, in specific terms if more than one producer responsibility organization is registered with the department as of the date of a plan's submission, and in general terms addressing coordination priorities to ensure the smooth implementation of this chapter in the event an additional plan or plans become registered with the department during the period of plan implementation;
A list of the material categories if distinguished or additional to the material categories identified in section 102(18) (a) through (g) of this act;
The contingency plan described in section 109 of this act; and
Any other information to be included in the plan as required by the department by rule.
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The initial plans due to be submitted under section 103(5) of this act may address no more than three calendar years, dating from the date on which the plan is due to be submitted to the department. Within two years of implementation of its initial plan, a producer responsibility organization must submit an updated plan for the following five calendar years to address changes in the operations and activities of the program.
For plans other than those described in (a) of this subsection, a producer responsibility organization must submit a plan to the department that addresses five calendar years of operation, dating from the date on which the plan is due to be submitted to the department. A plan is valid for no more than five years.
For all subsequent plans submitted after the initial plan, a producer responsibility organization must submit to the department, one year prior to the expiration of the plan, an updated plan for the following five calendar years of operation to address changes in the operations and activities of the program.
If the performance rates set in a producer responsibility organization plan as described in section 111 of this act have not been met as of the time of plan update, the producer responsibility organization must arrange for an independent evaluation to be conducted of the producer responsibility organization's efforts to implement the plan approved by the department. The evaluation must provide information for the producer responsibility organization to use to target and improve program outcomes relative to the proposed and approved performance rates.
A producer responsibility organization must carry out the consultation process established in section 106 of this act prior to the submission of each plan and plan update. The consultation process established in section 106 of this act is not required to be carried out by a producer responsibility organization that is submitting a revised plan:
In response to an order from the department; or
Subsequent to a letter disapproving of a plan submission by the producer responsibility organization and for which the original plan submitted by the producer responsibility organization had been subject to the consultation process required in section 106 of this act.
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A producer responsibility organization may choose to update its plan if significant changes have occurred.
The department may require a producer responsibility organization to update its plan more frequently than every five years if:
The program and activities to implement the plan fail to achieve the performance rates set in producer responsibility organization plans as described in section 111 of this act or otherwise fail to achieve significant requirements under this chapter;
Additional producer responsibility organizations register with the department or receive approval from the department to begin implementing a plan; or
There are significant changes to the regulatory or economic environment in which plan activities are being carried out.
A producer responsibility organization must submit to the department a comprehensive contingency plan demonstrating how the activities in the plan will continue to be carried out by some other entity, if needed, such as an escrow company:
Until such time as a new plan is submitted and approved by the department;
Upon the expiration of an approved plan;
In the event that the producer responsibility organization has been notified by the department that they must transfer implementation responsibility for the program to a different producer responsibility organization;
In the event that the producer responsibility organization notifies the department that it will cease to implement an approved plan; or
In any other event that the producer responsibility organization can no longer carry out plan implementation.
The contingency plan required in this section must be submitted to the department as a component of the producer responsibility organization's initial plan submitted to the department under section 103(5) of this act. The department may require a producer responsibility organization to update the contingency plan required under this section coincident with any plan update under section 108 of this act.
The department must follow the same process and timelines for reviewing and approving the contingency plan as it follows for reviewing and approving the producer responsibility organization's program plan under section 108 of this act.
Producer responsibility organizations, government entities, and service providers implementing the program must manage covered products in a manner consistent with the state's solid waste management hierarchy established in RCW 70A.205.005.
Covered products collected by the program must be responsibly managed at facilities operating with human health and environmental protection standards that are broadly equivalent to or better than those required in the United States and other countries that are members of the organization for economic cooperation and development.
Producer responsibility organizations implementing a plan must include measures to:
Track, verify, and publicly report that the responsible management of covered products collected by the program is maintained and that recycled materials are delivered to a responsible end market;
Promote and facilitate reuse of covered products designed to be reused;
Meet the necessary quality standards for recycled materials so that covered products collected by the program may be used to manufacture new products;
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Document the locations of all material recovery facilities and other processing facilities used to meet the requirements of this chapter, whether within Washington, elsewhere in North America, or outside of North America; and
Describe whether the processing facilities were preexisting, planned, or under construction as of plan approval.
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Prior to program use of any alternative recycling process for conversion of postuse plastic polymers for the purpose of producing recycled material to be counted toward performance rates under this chapter, the producer responsibility organization must seek the department's approval and submit a third-party assessment of the process's environmental impacts, as described under this subsection. In order for an alternative recycling process to be approved, the department must determine, after considering public comment and input from the advisory council, that the alternative recycling process produces similar or lesser impacts than those produced in recycling that uses purely mechanical means for each of the following environmental impacts:
Air and water pollution and release or creation of any hazardous pollutants;
Energy efficiency and greenhouse gas emissions;
Generation of hazardous waste;
Environmental impacts on overburdened communities and vulnerable populations;
Water usage including, but not limited to, impacts to local water resources and sewage infrastructure; and
The results of the assessment under (a) of this subsection must, whenever reported and communicated, provide full disclosure of geographical, temporal, and technological boundaries that have been selected for the assessment.
The person preparing the assessment under (a) of this subsection may not be interested, directly or indirectly, in the ownership or operation of any recycling facility proposed to conduct the alternative recycling process under assessment.
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Material recovery facilities and other processing facilities receiving covered products from government entities or private service providers collected through activities undertaken in accordance with this chapter must measure and report annually to the department by commodity type and material category, in a form and format approved by the department, on the following parameters associated with covered products and qualifying beverage containers subject to the provisions of chapter 70A.--- RCW (the new chapter created in section 603 of this act) received and processed:
Tons received, by jurisdiction and service provider;
Inbound material quality and contamination;
Outbound material quality and contamination;
Outbound material tons and end markets by commodity type, including whether the end markets are domestic, export to organization for economic cooperation and development countries, or export to facilities in other countries that meet organization for economic cooperation and development operating standards;
Management of contaminants and residue to avoid impacts on other waste streams or facilities;
Residuals, including residue rate, composition, and disposal location;
Emission of pollutants to air and water, or other activities that impact public health or the environment, including any reporting required under existing permits where applicable; and
Labor metrics including, but not limited to, wages, unions, and workforce demographics.
All data reported to the department by material recovery facilities and other processing facilities under this subsection must be verified by an independent third party and shared with each producer responsibility organization for which the material recovery facility provides a service.
The requirements of (a) and (b) of this subsection do not apply to any facility operated by a scrap metal business as defined in RCW 19.290.010 that holds a current scrap metal license unless the covered products handled by such a business were received directly from collection services for which a producer responsibility organization has provided reimbursement.
To facilitate recycling of covered products back into covered products and encourage development of circular economic activity in the state and region, material recovery facilities and other processing facilities handling materials under the program shall prioritize agreements with and on behalf of producers or producer responsibility organizations regarding long-term contracts and other purchase agreements based on fair market pricing for commodities of comparable quality.
By July 1, 2024, any registered producer responsibility organization must submit to the department proposed performance rates for covered products reported by the producer responsibility organization as supplied into the state to be achieved by the ninth calendar year from the effective date of this section. In proposing rates, the producer responsibility organization must:
Consider the rates recommended in the performance rates study;
Propose, at minimum:
An overall combined reuse and recycling rate of covered products;
A separate specific minimum reuse rate, that must also be counted within the overall combined reuse and recycling rate; and
A source reduction rate to be achieved solely by eliminating plastic components;
Provide a justification for the rates proposed, if they are different from those recommended in the performance rates study; and
Adhere to the performance rate calculation methodology established in subsections (3), (4), and (5) of this section.
Any producer responsibility organization plan submitted to the department must include rates for covered products reported by the producer responsibility organization as supplied into the state, taking into account the findings of the performance rates study, statewide needs assessment, and additional relevant data. The rates submitted by a producer responsibility organization must be achieved by the end of the plan implementation period.
At minimum, the plan must include:
An overall combined reuse and recycling rate of covered products;
A separate minimum reuse rate of covered products, which is also to be counted within the overall combined reuse and recycling rate;
A combined reuse and recycling rate for each material category of covered products reported by the producer responsibility organization as supplied into the state; and
A source reduction rate to be achieved solely by eliminating plastic components.
Proposed rates must demonstrate continuous improvement in performance rates of covered products over time.
Proposed rates must adhere to the performance rate calculation methodology established in subsections (3), (4), and (5) of this section.
Any plan submitted to the department prior to the ninth calendar year from the effective date of this section must also include performance rates to be achieved by the ninth calendar year from the effective date of this section. If the rates differ from those previously approved by the department as required under subsection (1) of this section, the producer responsibility organization must provide a justification for the proposed adjustment.
For the purposes of this chapter, the amount of recycled material must be measured at the following calculation point for each material category of covered products included in the plan, to be counted as recycled:
Rigid plastic material other than beverage containers that:
Is delivered to a facility for flaking, pelletization, extrusion, molding, or an approved alternative recycling process for conversion of postuse plastic polymers for use in the production of new products whether for the original or another purpose; or
Is compostable and is delivered to an organic materials management facility as defined in RCW 70A.205.015 under an agreement with that facility. Rigid plastic material that is compostable and managed through composting must be measured and reported separately from other rigid plastic material to be counted as recycled;
Plastic beverage containers that:
Are delivered to a facility for flaking, pelletization, extrusion, molding, or an approved alternative recycling process for conversion of postuse plastic polymers for use in the production of new products whether for the original or another purpose; or
Are compostable and are delivered to an organic material management facility as defined in RCW 70A.205.015 under an agreement with that facility. Plastic beverage containers that are compostable and managed through composting must be measured and reported separately from other rigid plastic materials to be counted as recycled;
Flexible plastic material that:
Is delivered to a facility for flaking, pelletization, extrusion, molding, or an approved alternative recycling process for conversion of postuse plastic polymers for use in the production of new products whether for the original or another purpose; or
Is compostable and is delivered to an organic materials management facility as defined in RCW 70A.205.015 under an agreement with that facility. Flexible plastic material that is compostable and managed through composting must be measured and reported separately from other flexible plastic material to be counted as recycled;
Paper material that:
Is delivered to a pulping operation or other facility for use in the production of new products whether for the original or another purpose; or
Is compostable and is delivered to an organic materials management facility as defined in RCW 70A.205.015 under an agreement with that facility. Paper material that is compostable and managed through composting must be measured and reported separately from other paper material to be counted as recycled;
Aluminum material that is delivered to a metal smelter or furnace or other facility for use in the production of new products whether for the production of aluminum containers and products;
Steel material that is delivered to a metal smelter or furnace or other facility for use in the production of new products whether for the production of steel containers and products;
Glass material that is delivered to a glass furnace or other facility for the production of glass containers and products;
For materials that are not included in the material categories listed in (a) through (g) of this subsection, the calculation point must be proposed and described by the producer responsibility organization in its plan and annual report and is subject to approval by the department in order to be included in the performance rate calculation.
To be included in a performance rate calculation for purposes of this chapter, recycled materials must be transferred to a responsible end market.
For purposes of calculations of reuse and elimination under this section, a producer responsibility organization must include both the weight and number of units.
A producer responsibility organization implementing a plan must fully fund all activities required under this chapter.
A nonreimbursable point-of-sale fee may not be charged to consumers to recoup the costs of meeting producer obligations under this chapter.
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A producer responsibility organization must develop a system to collect fees from participating producers to cover the costs of plan implementation. To minimize the administrative and reporting costs of the producers and the organization, the fee system must include:
A de minimis level in which no fees are charged by the producer responsibility organization;
Additional charges applied specifically to producers of postconsumer recycled content products covered by the requirements of chapter 70A.--- RCW (the new chapter created in section 602 of this act), in an amount roughly equivalent to fully cover the producer responsibility organization's costs of implementing its duties under chapter 70A.--- RCW (the new chapter created in section 602 of this act), including funding the oversight of the department; and
An optional flat rate for producers below a certain size.
A producer responsibility organization shall allow producers of covered products that are newspapers or magazines to satisfy their obligations under this section by providing advertisement or publication supporting the education and outreach activities required under section 119 of this act in their newspapers, magazines, or on their websites in lieu of program fees as long as the value of the advertisement is equivalent to the estimated cost of managing the covered products that are newspapers or magazines, which are to be determined as described in subsection (4) of this section. The producer responsibility organization may consider the in-state reach of the advertising when determining the value of the advertising.
A producer responsibility organization must base the system of fees assessed to producers upon the estimated cost of managing the material categories of covered products or a similar approach proposed by the producer responsibility organization including, but not limited to, consideration of the following factors:
The total annual amount of covered products sold or supplied into the state, by material category, whether or not the material is currently recyclable or designated for collection for recycling;
The material characteristics and the costs associated with the management of each material category; and
The commodity value of each material category as a recycled material.
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The fee system must use eco-modulation factors to incentivize the use of packaging design attributes that reduce the environmental impacts of covered products. Examples of activities that a fee system may include to satisfy the requirement to use eco-modulation factors include, but are not limited to:
Encourage designs that facilitate and improve infrastructure and systems for reuse and recycling, and that achieve reuse and recycling;
Encourage the use of postconsumer recycled content;
Encourage designs that reduce the amount of packaging material used;
Discourage the use of problematic or difficult to recycle materials that increase system costs of managing covered products; and
Encourage other design attributes that reduce the environmental impacts of covered products as demonstrated by evaluations performed in accordance with standards established by the department under section 104 of this act.
Any system of program fees under this section that includes discounted fees or favorable treatment of covered products deemed to be reusable must establish a basis for determining that products, in practice, are designed and supported by adequate infrastructure to ensure they are reused multiple times as part of a system of reuse.
Fees collected under this fee system must be used exclusively for plan implementation and other activities required under this chapter and chapter 70A.--- RCW (the new chapter created in section 602 of this act).
If more than one producer responsibility organization is registered within the state, each producer responsibility organization must coordinate with other producer responsibility organizations to provide reimbursement and ensure that government entities and service providers are reimbursed for recycling services as required under this chapter, and to ensure that covered products are not reported as supplied or managed by more than one producer responsibility organization.
In every jurisdiction in which covered products are sold or supplied to consumers, a producer responsibility organization must fund activities to make convenient collection services available for the full list of covered products designated for collection in the plan. Convenient collection services must be available to residents as follows:
Curbside collection must be provided to residents in single-family and multifamily residences wherever curbside garbage collection services are provided to these entities, except for covered products designated for alternate collection.
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(A) Each solid waste transfer, processing, or disposal site, or other drop-off location, or a location demonstrated to the department to be of equal convenience, as it existed prior to the effective date of this section; and
(B) Additional drop-off locations or collection events in communities that are not covered by a collection location described in (b)(i)(A) of this subsection. A producer responsibility organization, after soliciting and accommodating input from the department, the relevant government entity, and the local community, must determine a reasonable number and location of additional drop-off locations or frequency and location of collection events to be held in underserved areas. A producer responsibility organization must give special consideration for providing opportunities to island and geographically isolated populations.
ii. A retail establishment may choose to serve as a drop-off location or as the site of a collection event, or both, through mutual agreement with a producer responsibility organization, but nothing in this chapter requires a retail establishment to serve as a drop-off location or site of a collection event.
c. For the duration of the initial plan implementation term, collection must be provided in public places:
i. Any location where government entities provided and managed recycling collection receptacles as of July 1, 2023. The number and location of receptacles may be adjusted to optimize collection based on mutual agreement between the producer responsibility organization and the government entity providing the service; and
ii. At additional locations as determined by the producer responsibility organization, after considering the recommendations of the statewide needs assessment in section 105 of this act and stakeholder consultation in section 106 of this act. Collection in additional locations is subject to mutual agreement by the producer responsibility organization and the government entity or other entity responsible for the public place.
In any jurisdiction where collection of source separated recyclable materials from residences is provided by a city or town under the authority of RCW 35.21.120, by a county under the authority of RCW 36.58.040, or by a company that holds an applicable certificate under the authority of chapter 81.77 RCW, a producer responsibility organization must meet its curbside collection service obligation through the curbside collection service in the jurisdiction as described in section 114 of this act.
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A producer responsibility organization must, in its plan, establish a statewide list of covered products designated for collection.
If more than one producer responsibility organization is registered with the department, each producer responsibility organization must coordinate with other producer responsibility organizations to establish and annually update in a coordinated submission to the department the statewide list of covered products designated for collection.
Every producer responsibility organization must identify in its plan and on its website, in appropriate languages, maps of each area where curbside and alternative collection services for covered products are available, a list and map of the location of each permanent collection opportunity for covered products, the types and a list and map of locations of alternate collection methods used, and a list and map of the locations of public place collection services for covered products.
The provisions of this chapter do not:
Obligate a county, city, or town that utilizes its contract authority under RCW 35.21.120 or 36.58.040 for collection of source separated recyclable materials from residents or a city or town that undertakes collection of source separated recyclable materials from residents to participate in a plan implemented by a producer responsibility organization;
Restrict the authority of a city under RCW 35.21.120, 35.21.130, and 35.21.152; or
Restrict the authority of a county under RCW 36.58.040.
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A city, town, county, or other government entity may enter into contractual agreements with a producer responsibility organization or organizations for the purposes of reimbursement of costs of services provided in accordance with the requirements of this chapter.
A producer responsibility organization must reimburse the government entity for services delivered in accordance with the requirements of this chapter as described in section 115 of this act.
A government entity is not restricted from including additional materials in curbside or noncurbside collection that are not part of the statewide list of covered products designated for collection, but a producer responsibility organization is not obligated to reimburse costs associated with the additional materials.
Consistent with RCW 81.77.020, where a city or town chooses not to exercise its authority under chapter 35.21 RCW, or a county chooses not to exercise its authority under chapter 36.58 RCW, curbside collection of covered products designated for collection as source separated recyclable materials from residences in areas regulated by the utilities and transportation commission under the provisions of chapter 81.77 RCW must be provided by a company that holds an applicable certificate issued by the utilities and transportation commission.
Government entities are not obligated to provide resident education and outreach under this chapter but may carry out or contract for resident education and outreach consistent with producer responsibility organization plan provisions under section 119 of this act and be reimbursed for the costs of education and outreach performed by the government entity as described in section 115 of this act.
A city, town, or county may not enact an ordinance requiring producers of covered products to provide residential recycling services for covered products that are additional to the requirements of this chapter unless producers are not required to fully fund the requirements of this chapter under section 112 of this act.
A producer responsibility organization with covered products designated for curbside collection under its plan must provide reimbursement to a government entity that chooses to seek reimbursement for costs incurred in delivering curbside collection services, whether these services are provided directly or through a contracted service provider, or both. Costs that must be reimbursed by a producer responsibility organization include, as applicable, any administrative, public education, collection, transportation, and sorting or processing costs incurred in delivering curbside collection services in accordance with the requirements of this chapter. Reimbursements for curbside collection services must be calculated using base cost formulas established in the producer responsibility organization plan approved by the department.
If a producer responsibility organization elects to use the services of a government entity for any services included in the producer responsibility organization plan other than curbside collection services, it must provide reimbursement to the government entity. Reimbursement for any services other than curbside collection services may be calculated using reimbursement rates established for noncurbside collection services in the producer responsibility organization plan approved by the department.
Any government entity that receives reimbursement for costs incurred in delivering curbside collection services must report or publish reimbursed costs to its residents annually and as part of each rate increase notification required under RCW 35.21.157.
In areas where collection of source separated recyclable materials from residences is regulated by the utilities and transportation commission under chapter 81.77 RCW, a producer responsibility organization must provide reimbursement to the company granted a certificate to provide the service in accordance with the rates approved by the commission, including all associated taxes and fees that would be otherwise charged to residential customers directly or indirectly for recycling service. To be eligible for reimbursement from a producer responsibility organization under this section, the company granted a certificate must provide service that:
Is offered to residents in single-family and multifamily residences wherever curbside garbage collection services are offered;
Includes collection of all covered products designated for curbside collection;
Aligns with any other service standards established by the producer responsibility organization plan under section 107 of this act; and
Is provided in a manner consistent with the requirements of this chapter.
Service provider agreements between producer responsibility organizations and government entities under this chapter are limited in scope to authorizing the reimbursement of costs according to the reimbursement rates determined according to section 115 of this act, and any other services included in a producer responsibility organization plan that are to be carried out by a government entity. A producer responsibility organization may not make a government entity's reimbursement under this chapter contingent upon the performance of activities or the fulfillment of terms or conditions that are not specified as a duty of government entities under this chapter or required under a plan approved under this chapter.
Except for curbside collection services provided in accordance with sections 113 and 114 of this act, a producer responsibility organization that enters into contractual agreements with service providers to carry out producer responsibilities under this act must:
Use open, competitive, and fair procurement practices;
Provide opportunities for women, minority, or veteran-owned businesses, small businesses, and independent operators to participate as service providers;
Require that all contracted service providers:
Meet minimum operating standards, including the requirements of this chapter and chapter 70A.205 RCW;
Meet high labor standards, including family level wages, providing benefits including health care and retirement plans or contributions, and demonstrate procurement from and contracts with women, minority, or veteran-owned businesses; and
Provide fair opportunities regardless of ethnicity, race, gender, age, disability, religion, sexual orientation, or national origin; and
Require that contracted service providers maintain records and provide the producer responsibility organization with verifiable chain of custody documentation up to the point of final disposition, reporting parameters for material recovery facilities and other processing facilities under section 110 of this act, and other documentation necessary to evaluate the performance relative to the requirements of this chapter. The producer responsibility organization must submit the records and documentation required under this subsection to the department, upon request by the department.
The department must consult with other state agencies in any review of the producer responsibility organization's consistency with the standards established in this section.
Each producer responsibility organization must fund and support investments in reuse and recycling infrastructure and market development in Washington state as needed to achieve the convenience standards specified in section 113 of this act, the management standards specified in section 110 of this act, the performance rates set in producer responsibility organization plans as described in section 111 of this act, or to address infrastructure gaps, including investments needed to enable reuse of covered products or the recycling of covered products not currently recycled in the residential recycling system, as identified through the statewide needs assessment under section 105 of this act and through the consultation process under section 106 of this act. Investments in reuse and recycling infrastructure and market development may include, but is not limited to:
Installing or upgrading equipment to improve sorting of covered products or mitigating the impacts of covered products to other commodities at existing sorting and processing facilities; and
Capital expenditures for new technology, equipment, and facilities.
Reuse and recycling infrastructure investments must be detailed in the annual report submitted to the department in the manner specified in section 120 of this act. If a producer responsibility organization did not invest in preexisting reuse and recycling infrastructure within Washington state, the annual report must include a statement of the reasons why no such investment was made.
Each plan implemented by a producer responsibility organization under this chapter must include education and outreach activities that effectively reach diverse residents, are accessible, are clear, and support the achievement of the performance rates set in producer responsibility organization plans as described in section 111 of this act. To implement the education and outreach activities described in the plan, a producer responsibility organization must, at minimum:
Develop and provide outreach and educational materials, resources, and campaigns about the program to be used by retail establishments, collectors, government entities, and nonprofit organizations. The materials, resources, and campaigns developed under this section must encourage participation in recycling collection and reuse and refill systems and must achieve:
Education and engagement with residents on recycling, reuse, and refill behaviors;
Outreach to obtain consistently high levels of public participation in and use of collection services and reuse and refill systems, including where and how to recycle covered products designated for collection, or return or refill reusable covered products; and
Education and engagement to reduce the rate of inbound contamination or unwanted materials;
Coordinate and fund the distribution and deployment of statewide promotional campaigns developed under this section through media channels that may include, but are not limited to, print publications, radio, television, the internet, and online streaming services;
Use consistent and easy to understand messaging and education statewide, with the aim of reducing resident confusion regarding the recyclability, reuse, compostability, and end-of-life management options available for different covered products;
Be conceptually, linguistically, and culturally accurate for the communities served and tailored to effectively reach the state's diverse populations, including through meaningful consultation with overburdened communities and vulnerable populations;
Establish a process for answering customer questions and resolving customer concerns; and
Evaluate the effectiveness of education and outreach efforts for the purposes of making progress toward performance requirements established in this chapter.
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A producer responsibility organization must coordinate with government entities that choose to participate in carrying out resident education and outreach in accordance with the approach specified in the producer responsibility organization's plan.
All producer responsibility organizations implementing a plan approved by the department must collaborate to present a consistent statewide program to ensure that all state residents can easily identify, understand, and access services provided by any approved producer responsibility organization. The department may require producer responsibility organizations to coordinate and use consistent signage and consistent messaging in education and outreach activities under this section.
Beginning July 1, 2028, and each July 1st thereafter, each producer responsibility organization must submit an annual report to the department for the preceding calendar year of plan implementation. Each annual report must include data, descriptions, and other information sufficient to allow the department to determine whether a producer responsibility organization has fulfilled its obligations under this chapter during the preceding calendar year, including actions identified by the producer responsibility organization to be undertaken as part of the plan submitted under section 107 of this act, and actions to implement the requirements and other provisions of this chapter including, but not limited to, sections 110 through 119 of this act.
In addition to the data, descriptions, and information specified in subsection (1) of this section, each annual report must include the following:
Identification of the governing board members of the producer responsibility organization;
The final destinations of recycled material managed by the program, including:
Names and locations of end users or reprocessors that received recycled material managed by the program, by material category; and
Descriptions of material categories managed by the program that were sold or supplied to the end users or reprocessors;
An assessment of the net greenhouse gas emissions associated with program operations, including both direct emissions and indirect emissions with all activities, and including the avoided emissions from source reduction, reuse, and recycling of covered products into new products and materials; and
The total cost of implementing the plan approved by the department, as determined by an independent financial audit and performed by an independent auditor, including:
Information regarding the independently audited financial statements detailing all payments received and issued by the producer responsibility organization covered by the plan approved by the department;
A copy of the independent audit; and
A detailed description of how the program compensates government entities, private collection and transportation service providers, sorting and processing facilities, and other approved entities for services under chapters 70A.--- (the new chapter created in section 601 of this act), 70A.--- (the new chapter created in section 602 of this act), and 70A.--- RCW (the new chapter created in section 603 of this act).
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Prior to the submission of the annual report, all nonfinancial data and information that is material to the department's review of the program's compliance with the requirements of this chapter must be audited annually by a third party that is a nationally recognized, independent laboratory or certification body that has received ISO/IEC 17065 accreditation as it existed as of January 1, 2023, or a similar accreditation as determined by the department.
Annual independent auditing and verification must:
Include documentation of the performance rate calculations;
Encompass the management of materials from the point of collection through processing and sale of recycled materials; and
Determine whether all facilities involved in the collection, processing, and final disposition of collected covered products are operating in accordance with the requirements of this chapter and responsible management of covered products.
The advisory council is established.
The advisory council consists of members appointed by the department as follows:
Four representatives of local governments representing geographic areas across the state, including urban and rural communities;
One representative of tribal or indigenous solid waste services organizations;
One representative of special purpose districts involved in activities related to the end-of-life management of solid waste;
Two representatives of community-based organizations whose mission is to serve the interests of overburdened communities and vulnerable populations;
Two representatives of environmental nonprofit organizations;
One owner or operator of a small business that is not eligible for representation under (g), (h), or (i) of this subsection;
Six representatives of the recycling industry, including local governments' service providers, solid waste collection companies or associations, material recovery facilities, or other processing facilities;
Three representatives of producers of covered products or producer trade associations representing different types of covered products. A member appointed to the council under this subsection may not be a representative or a member of the board of directors of a producer responsibility organization registered with the department under section 103 of this act;
Two representatives of packaging suppliers that are not producers as defined under this chapter representing different material categories; and
One representative of a retail establishment.
Advisory councilmembers must be appointed by the director of the department by January 1, 2024. In appointing members, the department shall:
Appoint members that, to the greatest extent practicable, represent diversity in race, ethnicity, age, and gender, urban and rural areas, and different regions of the state;
Consider recommendations for appointments from relevant represented groups or associations and from individuals interested in participating on the advisory council.
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The terms of initial appointments must be staggered to two and three-year appointments, with subsequent terms of three years. Members are eligible for reappointment.
If there is a vacancy for any reason, the department shall make an appointment to become effective immediately for the unexpired term.
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The advisory council shall elect one of its members to serve as chairperson and another to serve as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the advisory council determines. The chairperson and vice chairperson may not both be members appointed under the same subsection of subsection (2)(a) through (i) of this section.
The advisory council may adopt bylaws and a charter for the operation of its business for the purposes of this chapter.
The advisory council shall meet at least once every three months for the first three years, at times and places specified by the chairperson. The advisory council may also meet at other times and places, including virtually, specified by the call of the chairperson or of a majority of the councilmembers, as necessary, to carry out the duties of the advisory council.
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The department shall provide staff support and facilitation as necessary for the advisory council to carry out its duties.
The department may select an impartial, third-party facilitator to convene and provide administrative support to the advisory council.
The duties of the advisory council include the following:
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Advise and make recommendations to the department on the scope of the statewide needs assessments;
Advise and make recommendations to the department on the amount of the additional refund value premium to be paid consistent with section 309(2)(c) of this act;
Review and comment on a draft performance rate study and on a draft statewide needs assessment prior to their completion;
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Advise and make recommendations to any registered producer responsibility organization during stakeholder consultation on plans as required under section 106 of this act;
Advise and make recommendations to any registered distributor responsibility organization during stakeholder consultation on plans as required under section 315 of this act;
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Review and comment on all new and updated plans submitted by producer responsibility organizations to the department, including making recommendations to the department on plan approvals, as part of the public comment period as established under section 104 of this act;
Review and comment on all new and updated plans submitted by distributor responsibility organizations to the department, including making recommendations to the department on plan approvals, as part of the public comment period as established under section 307 of this act;
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Advise and make recommendations to any registered producer responsibility organization on annual reports prior to submission as established in section 120 of this act;
Advise and make recommendations to any registered distributor responsibility organization on annual reports prior to submission as established in section 311 of this act;
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Review and comment on all annual reports submitted by producer responsibility organizations to the department, including making recommendations to the department regarding the need for any plan amendments or other recommendations regarding program activities;
Review and comment on all annual reports submitted by distributor responsibility organizations to the department, including making recommendations to the department regarding the need for any plan amendments or other recommendations regarding program activities; and
Provide input, review, and comment on rule making developed by the department under this chapter or chapter 70A.--- RCW (the new chapter created in section 603 of this act).
Advisory councilmembers that are representatives of tribes or tribal and indigenous services organizations or community-based and environmental nonprofit organizations must, if requested, be compensated and reimbursed in accordance with RCW 43.03.050, 43.03.060, and 43.03.220.
The department must include costs related to the advisory council in the estimate of annual costs as established in sections 104 and 307 of this act, including costs for:
Department resources, including staff time;
A third-party facilitator, including related costs; and
Expenses related to member participation as established in subsection (9) of this section.
A producer responsibility organization, material recovery facility, or other processing facility that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director of the department, or the appropriate division of the department. The director of the department must give consideration to the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160.
A producer responsibility organization may not use funds collected for purposes of implementing a plan required under this chapter for cost associated with:
The payment of an administrative penalty levied under this chapter;
Administrative appeals of orders or penalties issued under this chapter;
Litigation between the producer responsibility organization and the state;
Compensation of a person whose position is primarily representing the producer responsibility organization relative to the passage, defeat, approval, or modification of legislation that is being considered by a government entity; or
Paid advertisements related to encouraging the passage, defeat, or approval, or modification of legislation that is being considered during an upcoming or current legislative session or was considered during the previous legislative session.
Nothing in this section limits the authority of a producer responsibility organization to collect funds, such as through a special assessment, for purposes other than implementing a plan required under this chapter, such as for the purposes identified in subsection (1)(a) through (e) of this section.
The department may administratively impose a civil penalty of up to $1,000 per violation per day on any person who violates this chapter or on any producer responsibility organization that violates the postconsumer recycled content provisions applicable to producer responsibility organizations under chapter 70A.--- RCW (the new chapter created in section 602 of this act) and up to $10,000 per violation per day for the second and each subsequent violation.
Upon the department notifying a producer responsibility organization that it has not met a significant requirement of this chapter or chapter 70A.--- RCW (the new chapter created in section 602 of this act), the department may, in addition to assessing the penalties provided in subsection (1) of this section, take any combination of the following actions:
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Issue corrective action orders to a producer or producer responsibility organization;
Issue orders to a producer responsibility organization to provide for the continued implementation of the program in the absence of an approved plan;
Revoke the producer responsibility organization's plan approval and require the producer responsibility organization to implement its contingency plan under section 109 of this act;
Require a producer responsibility organization to revise or resubmit a plan within a specified time frame; or
Require additional reporting related to compliance with the significant requirement of this chapter that was not met.
Prior to taking the actions described in subsection (2)(b) of this section, the department must provide the producer responsibility organization or the producer an opportunity to respond to or rebut the written finding upon which the action is predicated.
Any person who incurs a penalty under subsection (1) of this section or an order under subsection (2) of this section may appeal the penalty or order to the pollution control hearings board established in chapter 43.21B RCW.
Penalties levied under this section must be deposited in the responsible packaging management account created in section 128 of this act.
Beginning January 1, 2027, a producer may not offer for sale, sell, or distribute in or into Washington, including by means of remote sale, any covered product that makes a deceptive or misleading claim about its recyclability.
A covered product that displays a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating that it is recyclable is deemed to be deceptive or misleading unless it is designated for collection in a producer responsibility organization plan approved by the department as described in section 107 of this act.
A label is not considered a misleading or deceptive claim of recyclability if it:
Is required by another state or by a federal law or agency at the time that the claim is made;
Is part of a widely adopted and standardized third-party labeling system; or
Uses a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable.
At such time as an enforceable federal statutory or regulatory standard is implemented for labeling packaging related to recyclability, within 180 days the department shall review criteria under this chapter with federal standards or requirements. Upon completing its review, the department may adopt the federal criteria in lieu of the requirements of this section.
Beginning July 1, 2023, a city, town, or county may not enact an ordinance restricting the distribution or sale of covered products due to displaying a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating that it is recyclable if the covered product is, at the time that the claim is made:
Designated for collection in a producer responsibility organization plan approved by the department as described in section 107 of this act;
Required to display the symbol or statement by another state or by a federal law or agency;
Part of a widely adopted and standardized third-party labeling system; or
Using a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable.
The department is authorized to participate in the development and ongoing operation of a regional or multistate clearinghouse for the purpose of facilitating the implementation of state laws and rules on packaging and paper products including, but not limited to, requirements established under this chapter and in chapters 70A.222, 70A.230, 70A.245, 70A.340, 70A.350, 70A.455, and 70A.--- RCW (the new chapter created in section 603 of this act) and other relevant laws.
The department may direct producers to register and submit any required data, annual reports, fees, and annual payments, and any additional information or documentation to a clearinghouse in lieu of the department.
Nothing in this act impacts an entity's eligibility for any state or local incentive or assistance program to which they are otherwise eligible.
The responsible packaging management account is created in the custody of the state treasury. All receipts received by the department under this chapter and chapter 70A.--- RCW (the new chapter created in section 602 of this act) must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account may be used by the department only for implementing, administering, and enforcing the requirements of this chapter and chapter 70A.--- RCW (the new chapter created in section 602 of this act).
Prior to the submission of a new or updated plan under section 107 of this act, the department may review and determine for the duration of the upcoming plan's period of applicability whether to temporarily exclude from the requirements of this chapter, except as provided in subsection (5) of this section, packaging used to contain:
A product that is regulated as a drug, medical device, or dietary supplement by the federal food and drug administration under the federal, food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), as amended or any federal regulation promulgated under the act, or any equipment and materials used to manufacture such products;
A product that is regulated as animal biologics, including vaccines, bacterins, antisera, diagnostic kits, and other products of biological origin under the federal virus-serum-toxin act, 21 U.S.C. Sec. 151 et seq., as amended.
The department's review may be initiated by the department or upon a petition by a producer or producer responsibility organization. The department may specify the date by which a petition must be filed under subsection (1) of this section in order to be considered timely for purposes of an upcoming plan implementation period.
In making a determination pursuant to subsection (1) of this section, the department must consider, at a minimum, all of the following factors:
The technical feasibility of including the product in the program created by this chapter, and in recycling the packaging of the product; and
The progress made by the producer of the product in achieving the goals of this chapter, including by reducing the amount of packaging used with the product, increasing the recycled content of the product packaging, and increasing the ability of the product's packaging to be reused or recycled if appropriate.
The petition process established in this section is distinct from the processes pertaining to adjustments and exclusions to postconsumer recycled content requirements in section 211 of this act. A product that is temporarily excluded under this section remains subject to postconsumer recycled content requirements established in chapter 70A.--- RCW (the new chapter created in section 602 of this act) unless a petition is separately granted by the department for that product under section 211 of this act.
The producer of a product that is temporarily excluded from the requirements of this chapter under this section must report, directly to the department in a form and manner prescribed by the department, the information related to the temporarily excluded product that is required to be reported to the department by producer responsibility organizations under sections 103 and 120 of this act.
The definitions in this section and section 102 of this act apply throughout this chapter unless the context clearly requires otherwise.
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"Beverage" means liquid products intended for human or animal consumption and in a quantity more than or equal to two fluid ounces and less than or equal to one gallon, including:
Water and flavored water;
Beer or other malt beverages;
Wine;
Distilled spirits;
Mineral water, soda water, and similar carbonated soft drinks;
Dairy milk; and
Any other beverage identified by the department by rule.
"Beverage manufacturing industry" means an association that represents beverage producers.
"Brand" means a name, symbol, word, logo, or mark that identifies a product and attributes the product and its components, including packaging, to the brand owner of the product as the producer.
"Dairy milk" means a beverage made exclusively or principally from lacteal secretions obtained from one or more milk-producing animals. Dairy milk includes, but is not limited to:
Whole milk, low-fat milk, skim milk, cream, half-and-half, or condensed milk; or
Cultured or acidified milk, kefir, or eggnog.
"De minimis producer" means an entity that annually sells, offers for sale, distributes, or imports:
In or into the country for sale in Washington state less than one ton of PCRC products specified in subsection (18)(a)(i) through (vi) of this section; and
That have a global gross revenue of less than $5,000,000 for the most recent fiscal year of the organization.
"Department" means the department of ecology.
"Durable good" means a product that provides utility over an extended period of time.
"Entity" means an individual and any form of business enterprise. For purposes of calculating the de minimis producer thresholds under this chapter, a producer entity includes all legal entities that are affiliated by common ownership of 50 percent or greater, including parents, subsidiaries, and commonly owned affiliates.
"Household" means all of the people who occupy a residential property regardless of their relationship to one another.
"Household cleaning and personal care product manufacturing industry" means an association that represents companies that manufacture household cleaning and personal care products.
"Household cleaning products" means products labeled, marketed, or otherwise indicating that the purpose of the product is to clean, freshen, or remove unwanted substances, such as dirt, stains, and other impurities from objects, interior or exterior structures, vehicles, possessions, and environments associated with a household. These items include:
Liquid soaps, laundry soaps, detergents, softeners, surface polishes, and stain removers;
Textile cleaners, carpet and pet cleaners, and treatments; or
Other products used to clean or freshen areas associated with a household.
"Licensee" means a manufacturer of a PCRC product or entity who licenses a brand and manufactures a PCRC product under that brand.
"Personal care product" means a product intended or marketed for use to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance including:
Shampoo, conditioner, styling sprays and gels, and other hair care products;
Lotion, moisturizer, facial toner, and other skin care products;
Liquid soap and other body care products; or
Other products used to maintain, improve, or enhance personal care or appearance.
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"Plastic beverage container" means a bottle or other rigid container that is capable of maintaining its shape when empty, comprised of one or multiple plastic resins designed to contain a beverage.
"Plastic beverage container" does not include:
Reusable beverage containers, such as containers that are sufficiently durable for multiple rotations of their original or similar purpose and are intended to function in a system of reuse;
Rigid plastic containers or plastic bottles that are or are used for medical devices, medical products that are required to be sterile, prescription drugs, or dietary supplements as defined in RCW 82.08.0293 that do not contain a "nutrition facts" label required under federal law; or
Bladders or pouches that contain a beverage.
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"Plastic household cleaning and personal care product container" means a bottle, jug, tub, tube, or other rigid container with:
A minimum capacity of eight fluid ounces or its equivalent volume;
A maximum capacity of five fluid gallons or its equivalent volume;
That is capable of maintaining its shape when empty;
Comprised solely of one or multiple plastic resins; and
Containing a household cleaning or personal care product.
"Plastic household cleaning and personal care product container" does not include:
Reusable household cleaning and personal care product containers, such as containers that are sufficiently durable for multiple rotations of their original or similar purpose and are intended to function in a system of reuse;
Rigid plastic containers or plastic bottles that are medical devices, medical products that are required to be sterile, prescription drugs, and dietary supplements as defined in RCW 82.08.0293, and packaging used for those products; and
Pesticide products regulated by the federal insecticide, fungicide, and rodenticide act, 7 U.S.C. Sec. 136 et seq. that are in direct contact with the regulated product. This exemption does not include products regulated by the United States food and drug administration.
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"Plastic tub" means a wide-mouth rigid container used to package consumable or durable goods that reach consumers, with a maximum capacity of 50 ounces, that is:
Capable of maintaining its shape when empty;
Comprised solely of one or multiple plastic resins and designed to contain a product; and
Sealed with tamper-proof film or a detachable lid capable of multiple openings and closures.
"Plastic tub" does not include:
Household cleaning and personal care products;
Plastic containers that are or are used for medical devices, medical products that are required to be sterile, nonprescription and prescription drugs, or dietary supplements as defined in RCW 82.08.0293;
Thermoform plastic containers;
Single-use plastic cups; and
Other covered products subject to minimum PCRC requirements.
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"Postconsumer recycled content" or "PCRC" means the plastic resin incorporated into plastic packaging for a PCRC product and derived specifically from recycled material generated by households or by commercial or institutional facilities in their role as end users of packaged products that can no longer be used for their intended purpose.
"PCRC" includes returns of material from the distribution chain.
"PCRC" does not include plastic from preconsumer or industrial plastic manufacturing sources.
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"Postconsumer recycled content product" or "PCRC product" means an item in one of the following categories subject to minimum PCRC requirements under this chapter:
Household cleaning products that use plastic household cleaning product containers;
Personal care products that use personal care product containers;
Beverages that use plastic beverage containers;
Plastic tubs;
Thermoform plastic containers;
Single-use plastic cups; and
Cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products subject to the rules adopted by the liquor and cannabis board under chapter 69.50 RCW that are contained in or packaged in plastic containers or packaging.
"Producer" has the same meaning as defined in section 102 of this act.
"Producer responsibility organization" has the same meaning as defined in section 102 of this act, except that for the purposes of this chapter, "producer responsibility organization" includes a distributor responsibility organization formed under chapter 70A.--- RCW (the new chapter created in section 603 of this act), if a distributor responsibility organization is formed.
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"Retail establishment" means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer.
"Retail establishment" includes, but is not limited to, food service businesses as defined in RCW 70A.245.010, grocery stores, department stores, hardware stores, home delivery services, pharmacies, liquor stores, restaurants, catering trucks, convenience stores, or other retail stores or vendors, including temporary stores or vendors at farmers markets, street fairs, and festivals.
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"Single-use plastic cup" means all beverage cups that are nonsealed or sealed at point of sale.
"Single-use plastic cups" do not include:
Commercially or home compostable cups;
Expanded polystyrene cups; or
Composite plastic-lined fiber cups.
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"Thermoform plastic container" means a clear or colored plastic container, such as a clamshell, lid, tray, egg carton, trifold, or similar rigid, nonbottle packaging, formed from sheets of extruded plastic resin and used to package consumable or durable goods that reach consumers, including:
Branded and prepackaged containers that have been filled with products and sealed prior to receipt by the retail establishment, such as fresh produce, baked goods, nuts, toys, electronics, and tools;
Containers that may be filled at the point of sale at a retail establishment; and
Unfilled containers that are sold directly.
"Thermoform plastic container" includes:
Hinged plastic containers, commonly known as "clamshells" or "blister packaging";
Two-piece unhinged containers;
One-piece containers without lids, such as trays; and
Trifold or tent containers with one or more hinges and a flat bottom.
"Thermoform plastic container" does not include:
Household cleaning products or personal care products;
Plastic tubs;
Reusable containers;
A lid or seal of a different material type from plastic;
A reusable thermoform plastic container that ordinarily would be returned to the manufacturer to be refilled and resold;
Plastic containers that are or are used for medical devices, medical products that are required to be sterile, prescription drugs, or dietary supplements as defined in RCW 82.08.0293;
Packaging for cannabis concentrates, useable cannabis, and cannabis-infused products subject to the requirements of this chapter;
Other PCRC products; and
ix. Thermoform plastic containers accompanying a durable good when the durable good model, and the associated packaging, was designed prior to January 1, 2025.
For purposes of determining whether a producer is a de minimis producer, the weight and revenue definitional thresholds must be calculated at the level of the "entity" associated with the PCRC product by the producer responsibility organization.
The exemptions under this chapter for de minimis producers do not apply to entities that have agreed to accept responsibility for compliance with the requirements of this chapter for a PCRC product on the behalf of another producer.
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De minimis producers are not required to meet annual registration, reporting, PCRC, or fee requirements of PCRC products under this chapter.
De minimis producers must annually notify the producer responsibility organization in which the producer participates to demonstrate that they are de minimis producers.
The producer responsibility organization must submit to the department information necessary to verify whether a producer qualifies for the de minimis status, including:
Annual global gross revenue dollar amount less than or equal to $5,000,000;
Annual total resin weight less than or equal to one ton; and
Any additional information requested by the department.
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By January 1, 2024, and each January 1st thereafter, a producer responsibility organization under chapter 70A.--- RCW (the new chapter created in section 601 of this act) that represents producers who offers for sale, sells, or distributes in or into Washington PCRC products must register with the department on behalf of each producer registered with the producer responsibility organization with sale or distribution of PCRC products in or into Washington.
The registration information submitted under (a) of this subsection must include a list of the producers of PCRC products and the associated brand names of the PCRC products represented in the registration submittal.
Producers that offer for sale, sell, or distribute in or into Washington the following products must meet the minimum postconsumer recycled content requirements:
Beginning January 1, 2024, producers of beverages other than wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers must meet minimum PCRC requirements established under section 204 of this act.
Beginning January 1, 2025, producers of household cleaning products or personal care products in plastic household cleaning product containers or plastic personal care product containers must meet minimum PCRC requirements as required under section 205 of this act.
Beginning January 1, 2026, producers of plastic tubs used for food products must meet minimum PCRC requirements established under section 206 of this act.
Beginning January 1, 2028, producers of wine in 187 milliliter plastic beverage containers or dairy milk in plastic beverage containers must meet minimum PCRC requirements established under section 204 of this act.
Beginning January 1, 2029, producers of single-use plastic cups must meet minimum PCRC requirements established under section 207 of this act.
Beginning January 1, 2031, producers of thermoform plastic containers, except those containing durable goods, must meet minimum PCRC requirements established under section 208 of this act.
Beginning January 1, 2036, producers of durable goods in thermoform plastic containers must meet minimum PCRC requirements established under section 208 of this act.
Beginning January 1, 2025, producers of Washington cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products subject to the rules adopted by the liquor and cannabis board under chapter 69.50 RCW that are contained in or packaged in plastic containers or packaging must meet minimum PCRC requirements established under section 209 of this act.
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In addition to the registration information submitted under subsection (1) of this section, each producer of a PCRC product must annually report PCRC to the producer responsibility organization with which it is registered, beginning on the following dates:
No later than 30 days after the registration of a producer with a producer responsibility organization under subsection (1)(a) of this section, for plastic beverage containers other than plastic dairy milk containers and 187 milliliter plastic wine containers;
February 1, 2026, for plastic household cleaning product containers and plastic personal care product containers;
February 1, 2027, for plastic tubs used for food products;
February 1, 2029, for plastic dairy milk containers and 187 milliliter plastic wine containers;
February 1, 2030, for single-use plastic cups;
February 1, 2032, for thermoform plastic containers except those containing durable goods;
February 1, 2037, for thermoform plastic containers containing durable goods; and
February 1, 2027, for cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products subject to the rules adopted by the liquor and cannabis board under chapter 69.50 RCW that are contained in or packaged in plastic containers or packaging.
Producer PCRC annual reports to the producer responsibility organization must include:
The amount in pounds of virgin plastic and the amount in pounds of PCRC by resin type used within a single PCRC product category sold, offered for sale, or distributed in or into Washington;
The total PCRC resin as a percentage of the total weight of plastic reported for a single PCRC product category, or other metrics approved by the department; and
Any additional information adopted by rule by the department.
A producer of a beverage in a plastic beverage container must meet the following annual minimum PCRC percentage on average for the total quantity of plastic beverage containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
For beverages except wine in 187 milliliter plastic beverage containers and dairy milk:
January 1, 2023, through December 31, 2025: No less than 15 percent PCRC plastic by weight;
January 1, 2026, through December 31, 2030: No less than 25 percent PCRC plastic by weight; and
On and after January 1, 2031: No less than 50 percent PCRC plastic by weight.
For wine in 187 milliliter plastic beverage containers and dairy milk:
January 1, 2028, through December 31, 2030: No less than 15 percent PCRC plastic by weight;
January 1, 2031, through December 31, 2035: No less than 25 percent PCRC plastic by weight; and
On and after January 1, 2036: No less than 50 percent PCRC plastic by weight.
A producer of household cleaning products in plastic containers or a producer of personal care products in plastic containers must meet the following annual minimum PCRC percentage on average for the total quantity of plastic containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
January 1, 2025, through December 31, 2027: No less than 15 percent PCRC plastic by weight;
January 1, 2028, through December 31, 2030: No less than 25 percent PCRC plastic by weight; and
On and after January 1, 2031: No less than 50 percent PCRC plastic by weight.
A producer of plastic tubs must meet the following annual minimum PCRC percentage on average for the total quantity of plastic tubs used for food products, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
January 1, 2026, through December 31, 2030: No less than 10 percent PCRC plastic by weight; and
On and after January 1, 2031: No less than 30 percent PCRC plastic by weight.
A producer of single-use plastic cups must meet the following annual minimum PCRC percentage on average for the total quantity of single-use plastic cups, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
For polypropylene single-use plastic cups:
January 1, 2029, through December 31, 2030: No less than 15 percent PCRC plastic by weight; and
On and after January 1, 2031: No less than 25 percent PCRC plastic by weight.
For polyethylene terephthalate and polystyrene, and other types of single-use plastic cups:
January 1, 2029, through December 31, 2030: No less than 20 percent PCRC plastic by weight; and
On and after January 1, 2031: No less than 30 percent PCRC plastic by weight.
A producer of a thermoform plastic container must meet the following annual minimum PCRC percentage on average for the total quantity of thermoform plastic containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
For packaging for consumable goods:
January 1, 2031, through December 31, 2035: No less than 10 percent PCRC plastic by weight; and
On and after January 1, 2036: No less than 30 percent PCRC plastic by weight.
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Except as provided in (b) of this subsection, for packaging used for durable goods: On and after January 1, 2036, no less than 30 percent PCRC plastic by weight.
Packaging designed to accompany a durable good where that durable good model is designed prior to the effective date of the requirement in (a) of this subsection is exempt.
A producer of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products that are produced, processed, and sold pursuant to chapter 69.50 RCW and that are contained in or packaged in plastic containers or packaging must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of covered products, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
January 1, 2025, through December 31, 2030: No less than 25 percent postconsumer recycled content plastic by weight;
Beginning January 1, 2031: No less than 50 percent postconsumer recycled content plastic by weight.
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The department must consult with the liquor and cannabis board in the implementation and enforcement of this section, and all registration, reporting, and temporary exclusion or rate adjustment petitions related to products subject to the requirements of this section.
The liquor and cannabis board may recommend that the department adopt changes by rule to the timelines or postconsumer-recycled content requirements of this section in order to address packaging integrity, safety, or other packaging needs related to the implementation of chapter 69.50 RCW with respect to products subject to the requirements of this section. The department may adopt rules to accord with recommendations made by the liquor and cannabis board under this section.
This section applies to a person licensed under RCW 69.50.325 as a cannabis producer, cannabis processor, or as both a cannabis producer and cannabis processor when the person meets the definition of producer in this chapter.
A producer responsibility organization reporting to the department under this chapter must pay fees as specified in chapter 70A.--- RCW (the new chapter created in section 601 of this act).
Beginning April 1, 2024, and each April 1st thereafter, a producer responsibility organization must annually report to the department for each producer of PCRC products for which it receives reports from producers under section 203 of this act:
The amount in pounds of virgin plastic resin;
The amount in pounds of PCRC by resin type used for each category of covered products that are sold, offered for sale, or distributed in or into Washington;
The total PCRC resins as a percentage of total weight;
Any other information necessary to fulfill the intent of this chapter, as required by rule adopted by the department.
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The report must be submitted in a format and manner prescribed by the department. A producer may submit national or regional data allocated on a per capita basis for Washington to approximate the information required in this section if the producer or third-party representative demonstrates to the department that state level data are not available or feasible to generate.
The report must include, for each producer, a certificate of compliance or similar proof of certification conducted by a nationally recognized, independent third party that has achieved ISO/IEC 17065 accreditation, as it existed as of January 1, 2023, or a similar certification identified by the department. The proof of certification must include all of the following:
The names, locations, and contact information of all sources of PCRC material and suppliers of PCRC material;
The quantity and dates of PCRC material purchases by the producer; and
How PCRC material was obtained.
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A producer responsibility organization may, as part of the annual report submitted to the department under this section, petition for an exclusion or adjustment under section 211 of this act covering the upcoming calendar year to the minimum PCRC requirements on behalf of producers registered with the producer responsibility organization.
When submitting a petition for a PCRC rate adjustment, the producer responsibility organization must provide necessary information that will allow the department to make a determination based on the factors listed in section 211(2) of this act.
When submitting a petition for a PCRC rate temporary exclusion, the producer responsibility organization must provide necessary information that will allow the department to make a determination based on the factors listed in section 211(4) of this act.
The department must review and determine whether to approve PCRC reports submitted by producer responsibility organizations. The department must:
Make PCRC reports submitted under this section, including petitions for exclusions or rate adjustments under section 211 of this act, available for public review and comment for at least 30 days upon the receipt of the annual report by the department;
Make a determination as to whether or not an annual report meets the requirements of this section and notify the producer responsibility organization of the:
Determination of approval of the PCRC annual report; or
Reasons for not approving the PCRC annual report. The producer responsibility organization must submit a revised PCRC annual report within 60 days after receipt of the letter of disapproval.
The department must post approved PCRC annual reports submitted by each producer responsibility organization under this section on its website.
The department may review and determine for the following year whether to adjust the minimum PCRC percentage required for a type of container or PCRC product or category of PCRC products under this chapter. The department's review may be initiated by the department or upon a petition by a producer responsibility organization in its annual report submitted to the department under section 210 of this act.
In making a determination pursuant to subsection (1) of this section, the department must consider, at a minimum, all of the following factors:
Changes in market conditions, including supply and demand for PCRC plastics, collection rates, and bale availability both domestically and globally;
Recycling rates;
The availability of recycled plastic suitable to meet the minimum PCRC requirements pursuant to subsection (3) or (4) of this section, including the availability of high quality recycled plastic, and food-grade recycled plastic from recycling programs;
The capacity of recycling or processing infrastructure;
The technical feasibility of achieving the minimum PCRC requirements in covered products that are regulated under 21 C.F.R., chapter I, subchapter G, 7 U.S.C. Sec. 136, 15 U.S.C. Sec. 1471-1477, 49 C.F.R. Sec. 178.33b, 49 C.F.R. Sec. 173, 40 C.F.R. Sec. 152.10, 15 U.S.C. Sec. 1261-1278, 49 U.S.C. Sec. 5101 et seq., 49 C.F.R. Sec. 178.509, 49 C.F.R. Sec. 179.522, 49 C.F.R. Sec. 178.600-609, and other federal laws; and
The progress made by producers in achieving the goals of this chapter.
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Under this section, the department may not adjust the minimum PCRC requirements above the minimum PCRC percentages under sections 204, 206, 207, 208, and 209 of this act for the year under review.
For plastic household cleaning product containers and plastic personal care product containers, the department may not adjust the minimum PCRC requirements above the minimum PCRC percentages for the year under review required pursuant to section 205 of this act or below a minimum of 10 percent.
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The department must temporarily exclude from minimum PCRC requirements for the upcoming year any types of PCRC products in plastic containers for which a producer responsibility organization demonstrates to the department in its annual report under section 210 of this act that the:
Producer cannot achieve the PCRC requirements and remain in compliance with applicable rules and regulations adopted by the United States food and drug administration, or any other state or federal law, rule, or regulation; or
Achievement of PCRC requirements in the container material is not technologically feasible.
The producer responsibility organization must continue to provide producer registration data and report consistent with the requirements of this chapter for PCRC products temporarily excluded from minimum PCRC requirements under this subsection.
A producer or producer responsibility organization may appeal a decision by the department to adjust PCRC percentages under this section or to temporarily exclude covered products from minimum PCRC requirements under subsection (4) of this section to the pollution control hearings board within 30 days of the department's determination.
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A producer that does not pay fees, register, report, or achieve the PCRC requirements established under this chapter is subject to the penalties provided in this section.
A producer responsibility organization that does meet the registration, fee payment, or reporting requirements under this chapter is subject to the provisions provided in section 124 of this act.
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A producer assessed a penalty pursuant to this chapter must remit the penalty to the producer responsibility organization with which it is registered. A producer responsibility organization must submit aggregated penalty payments comprised of the remitted penalty payments from all producers owing penalties under this chapter that are members of the producer responsibility organization. The producer responsibility organization's aggregated payment may be a single annual payment, paid in quarterly installments, or on an alternative payment schedule arranged subject to the approval of the department. The department may not approve an alternative payment schedule that exceeds a 12-month time frame unless the department determines that an extension is needed due to unforeseen circumstances, such as a public health emergency, state of emergency, or natural disaster.
Beginning June 1st of the year following the first year that minimum PCRC requirements apply to a category of PCRC product, and annually thereafter, the department must determine the penalty for the previous calendar year based on the PCRC requirement of the previous calendar year. The department shall calculate the amount of the penalty based upon the amount in pounds in the aggregate of virgin plastic, PCRC plastic, and any other plastic per category used by the producer to produce PCRC products sold or offered for sale in or into Washington, in accordance with the following:
i.(A) Based on data provided in the annual report submitted under section 210 of this act by a producer responsibility organization, the annual penalty amount assessed to a producer must equal the product of both of the following: The total pounds of plastic used per category multiplied by the relevant minimum PCRC plastic target percentage, less the pounds of total plastic multiplied by the percent of PCRC plastic used; multiplied by 20 cents.
(B) Example: [(Total pounds of plastic used x minimum PCRC plastic target percentage) – (Total pounds of plastic used x PCRC plastic percentage used)] x 20 cents.
ii. For the purposes of (b)(i) of this subsection, both of the following apply:
(A) The total pounds of plastic used must equal the sum of the amount of virgin plastic, PCRC plastic, and any other plastic used by the producer, as reported pursuant to section 210 of this act;
(B) If the mathematical product calculated pursuant to (b)(i) of this subsection is equal to or less than zero, the department may not assess a penalty.
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Upon request in the annual report submitted under section 210 of this act by a producer responsibility organization, the department must consider granting a reduction of penalties assessed under this section for a producer's failure to achieve PCRC requirements established in this chapter. A producer responsibility organization's request to the department must contain sufficient information described in (b) of this subsection to allow the department to determine whether to grant the request.
In determining whether to grant a penalty reduction, the department must consider, at minimum, all of the following factors:
Anomalous market conditions;
Disruption in, or lack of supply of, recycled plastics; and
Other factors that have prevented a producer from meeting the minimum PCRC requirements of this chapter.
In lieu of or in addition to assessing a penalty under this section, the department may require a producer responsibility organization to submit on behalf of a producer or group of producers a corrective action plan detailing how the producer or producers plan to come into compliance with this chapter.
For purposes of determining compliance with the PCRC requirements of this chapter, the department may consider information provided by the producer responsibility organization regarding the date of manufacture of a PCRC product or the container of a PCRC product.
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A producer or a producer responsibility organization may appeal penalties assessed and orders issued under this chapter to the pollution control hearings board within 30 days of penalty assessment or order issuance.
Penalties collected under this section must be deposited in the recycling enhancement account created in RCW 70A.245.100.
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A city, town, county, or municipal corporation may not implement local recycled content requirements for a PCRC product that is subject to minimum PCRC requirements established in this chapter.
A city, town, county, or municipal corporation may establish local purchasing requirements that include recycled content standards that exceed the minimum recycled content requirements established by this chapter for plastic household cleaning product containers and plastic personal care product containers purchased by a city, town, or municipal corporation, or its contractor.
In-state distributors, wholesalers, and retail establishments in possession of PCRC products manufactured before the date that PCRC requirements become effective may exhaust their existing stock through sales to the public.
In addition to the eco-modulation factors to encourage recycled content authorized in section 112(5)(a) of this act, a producer responsibility organization may:
Establish minimum PCRC requirements for plastic products other than PCRC products subject to the standards in sections 204 through 210 of this act for those products covered by a plan implemented by the producer responsibility organization under chapter 70A.--- RCW (the new chapter created in section 601 of this act);
Increase the minimum PCRC requirements for plastic products subject to the standards in sections 204 through 209 of this act for those products covered by a plan implemented by the producer responsibility organization under chapter 70A.--- RCW (the new chapter created in section 601 of this act); or
Require minimum PCRC requirements be met on a faster timeline than that established in sections 204 through 209 of this act for those plastic products covered by a plan implemented by the producer responsibility organization under chapter 70A.--- RCW (the new chapter created in section 601 of this act).
The department may adopt rules as necessary to implement, administer, and enforce this chapter.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
1.
"Condiment packaging" means packaging used to deliver single-serving condiments to customers. Condiment packaging includes, but is not limited to, single-serving packaging for ketchup, mustard, relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly, jam, and soy sauce.
"Department" means the department of ecology.
"Expanded polystyrene" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
"Food service business" means a business selling or providing food for consumption on or off the premises, and includes full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, home delivery services, delivery services provided through an online application, and business or institutional cafeterias.
"Food service product" means a product intended for one-time use and used for food or drink offered for sale or use. Food service products include, but are not limited to, containers, plates, bowls, cups, lids, beverage containers, meat trays, deli rounds, utensils, sachets, straws, condiment packaging, clamshells and other hinged or lidded containers, wrap, and portion cups.
"Licensee" means a manufacturer of a certificated PCRC product or entity who licenses a brand and manufactures a certificated PCRC product under that brand.
"Plastic trash bag" means a bag that is made of noncompostable plastic, is at least 0.70 mils thick, and is designed and manufactured for use as a container to hold, store, or transport materials to be discarded or recycled, and includes, but is not limited to, a garbage bag, recycling bag, lawn or leaf bag, can liner bag, kitchen bag, or compactor bag. "Plastic trash bag" does not include any compostable bags meeting the requirements of chapter 70A.455 RCW.
"Certificated PCRC product manufacturing industry" means an association that represents companies that manufacture a certificated PCRC product.
"Postconsumer recycled content" means the content of a certificated PCRC product made of recycled materials derived specifically from recycled material generated by households or by commercial, industrial, and institutional facilities in their role as end users of a product that can no longer be used for its intended purpose. "Postconsumer recycled content" includes returns of material from the distribution chain.
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"Producer" means the following person responsible for compliance with minimum postconsumer recycled content requirements under this chapter for a certificated PCRC product sold, offered for sale, or distributed in or into this state:
i.(A) If the certificated PCRC product is sold under the certificated PCRC product manufacturer's own brand or lacks identification of a brand, the producer is the person who manufactures the certificated PCRC product;
(B) If the certificated PCRC product is sold under the brand of a retail establishment, the producer is the retail establishment;
ii. If the certificated PCRC product is manufactured by a person other than the brand owner, the producer is the person who is the licensee of a brand or trademark under which a certificated PCRC product is sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state, unless the manufacturer or brand owner of the certificated PCRC product has agreed to accept responsibility under this chapter; or
iii. If there is no person described in (a)(i) and (ii) of this subsection over whom the state can constitutionally exercise jurisdiction, the producer is the person who imports or distributes the certificated PCRC product in or into the state.
b. "Producer" does not include:
i. Government entities, municipalities, or other political subdivisions of the state; or
ii. Registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations
.
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"Retail establishment" means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer.
"Retail establishment" includes, but is not limited to, food service businesses, grocery stores, department stores, hardware stores, home delivery services, pharmacies, liquor stores, restaurants, catering trucks, convenience stores, or other retail stores or vendors, including temporary stores or vendors at farmers markets, street fairs, and festivals.
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"Utensil" means a product designed to be used by a consumer to facilitate the consumption of food or beverages, including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers.
"Utensil" does not include plates, bowls, cups, and other products used to contain food or beverages.
"Certificated postconsumer recycled content product" or "certificated PCRC product" means:
Pesticide products regulated by the federal insecticide, fungicide, and rodenticide act, 7 U.S.C. Sec. 136 et seq. that are in direct contact with the regulated product and that are excluded from the requirements of chapters 70A.--- (the new chapter created in section 601 of this act) and 70A.--- RCW (the new chapter created in section 602 of this act);
Plastic trash bags; and
Plastic plant pots and trays.
"Plant pot or tray" means a single-use or durable container, material transport tray, or water collection tray used to grow, contain, cultivate, display, or transport plants or soil.
1.
A producer of pesticide products regulated by the federal insecticide, fungicide, and rodenticide act, 7 U.S.C. Sec. 136 et seq. that are in direct contact with the regulated product and that are excluded from the requirements of chapters 70A.--- (the new chapter created in section 601 of this act) and 70A.--- RCW (the new chapter created in section 602 of this act) in plastic containers must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of plastic containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
a. January 1, 2025, through December 31, 2027: No less than 15 percent postconsumer recycled content plastic by weight;
b. January 1, 2028, through December 31, 2030: No less than 25 percent postconsumer recycled content plastic by weight; and
c. On and after January 1, 2031: No less than 50 percent postconsumer recycled content plastic by weight.
A producer of plastic trash bags must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of plastic trash bags, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
January 1, 2023, through December 31, 2024: No less than 10 percent postconsumer recycled content plastic by weight;
January 1, 2025, through December 31, 2026: No less than 15 percent postconsumer recycled content plastic by weight; and
On and after January 1, 2027: No less than 20 percent postconsumer recycled content plastic by weight.
A producer of plastic plant pots or trays must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of covered products, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
January 1, 2026, through December 31, 2030: No less than 30 percent postconsumer recycled content plastic by weight;
On and after January 1, 2031: No less than 80 percent postconsumer recycled content plastic by weight.
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By October 31st of each year, the department may review and determine for the following year whether to adjust the minimum postconsumer recycled content percentage pursuant to subsection (1), (2), or (3) of this section. The department's review may be initiated by the department or at the petition of a producer or the certificated PCRC product manufacturing industry not more than once annually. Petitions for review and adjustment must be made to the department by June 30th of the year prior to the year in which the adjustment would apply. When submitting a petition, producers or the certificated PCRC product manufacturing industry must provide necessary information that will allow the department to make a determination under (b) of this subsection.
In making a determination pursuant to this subsection, the department must consider, at a minimum, all of the following factors:
Changes in market conditions, including supply and demand for postconsumer recycled content plastics, collection rates, and bale availability both domestically and globally;
Recycling rates;
The availability of recycled plastic suitable to meet the minimum postconsumer recycled content requirements pursuant to subsection (1), (2), or (3) of this section, including the availability of high quality recycled plastic;
The capacity of recycling or processing infrastructure; and
v.
The progress made by producers in achieving the goals of this section.
c. Under (a) of this subsection
, the department may not adjust the minimum postconsumer recycled content requirements above the minimum postconsumer recycled content percentages for the year under review required pursuant to subsection (1), (2), or (3) of this section or below the minimum percentage required in subsection (1)(a), (2)(a), or (3)(a) of this section.
d. A producer or the certificated PCRC product manufacturing industry may appeal a decision by the department to adjust postconsumer recycled content percentages under (a) of this subsection to the pollution control hearings board within 30 days of the department's determination.
A producer that does not achieve the postconsumer recycled content requirements established under this section or does not comply with the labeling requirements established in chapter 70A.245 RCW is subject to penalties established in RCW 70A.245.040.
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A city, town, county, or municipal corporation may not implement local recycled content requirements for certificated PCRC products that are subject to minimum postconsumer recycled content requirements established in this section.
A city, town, county, or municipal corporation may establish local purchasing requirements that include recycled content standards that exceed the minimum recycled content requirements established by this chapter for certificated PCRC products purchased by a city, town, or municipal corporation, or its contractor.
In-state distributors, wholesalers, and retailers in possession of certificated PCRC products manufactured before the date that postconsumer recycled content requirements become effective may exhaust their existing stock through sales to the public.
1.
A plastic trash bag producer must develop a certificate of compliance stating that a plastic trash bag is in compliance with the labeling requirements of RCW 70A.245.060 and the postconsumer recycled content requirements of RCW 70.245.020. A producer of other certificated PCRC products must develop a certificate of compliance stating that the certificated PCRC product is in compliance with the postconsumer recycled content requirements of RCW 70A.245.020.
A producer shall develop a compliance certificate by the dates on which the postconsumer recycled content requirements in RCW 70A.245.020 take effect for the producer's certificated PCRC products.
If compliance with minimum recycled content requirements is achieved through an adjustment made pursuant to RCW 70A.245.020(4), the certificate must state the specific basis upon which the exemption is claimed.
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The certificate of compliance must be signed by an authorized official of the producer.
The certificate of compliance must be kept on file by the producer for three years from the date of the last sale or distribution by the producer.
A producer must furnish a certificate of compliance to the department upon request within 60 days.
Requests from a member of the public for any certificate of compliance must be made in writing to the department and must be specific as to the certificated PCRC product information requested. The department must respond to requests from a member of the public under this subsection within 90 days.
If manufacturers are required under any other state statute, including chapter 70A.222 RCW, to provide a certificate of compliance, one certificate may be developed containing all required information.
If the producer of the certificated PCRC product reformulates or creates a new certificated PCRC product, the producer shall develop an amended or new certificate of compliance for the reformulated or new certificated PCRC product.
1.
a. The department may assess a civil penalty to a producer in violation of the requirements of RCW 70A.245.020, 70A.245.030, or 70A.245.060 in the amount of up to $2,000 for the first violation of this chapter, up to $5,000 for the second violation of this chapter, and up to $10,000 for the third and any subsequent violation of this chapter.
b. A specific violation is deemed to have occurred upon the sale of noncompliant product by stock-keeping unit number or unique item number. The repeated sale of the same noncompliant product by stock-keeping unit number or unique item number is considered a single violation.
In addition to the penalties authorized under subsection (1) of this section, the department may prohibit the sale of any certificated PCRC products for which a manufacturer has failed to respond to a request by the department for a certificate of compliance within 60 days.
For the purposes of determining compliance with the postconsumer recycled content requirements of this chapter, the department may consider the date of manufacture of a certificated PCRC product.
A producer may appeal the penalty assessed under this section to the pollution control hearings board within 30 days of assessment.
Penalties collected under this section must be deposited in the recycling enhancement account created in RCW 70A.245.100.
1.
To assist regulated parties with the requirements specified under RCW 70A.245.070 and 70A.245.080, the department:
a. Must prepare and post on its website information regarding the prohibitions on the sale and distribution of expanded polystyrene products as specified under RCW 70A.245.070 and restrictions on the provision of optional serviceware under RCW 70A.245.080;
b. For education and outreach to help implement RCW 70A.245.070 and 70A.245.080, may develop culturally appropriate and translated educational materials and resources for the state's diverse ethnic populations from existing materials used by local jurisdictions and other states.
The recycling enhancement account is created in the custody of the state treasurer. All penalties collected by the department pursuant to RCW 70A.245.040 , 70A.245.050, and sections 213 and 316 of this act must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account may be used by the department only for providing grants to local governments for the purpose of supporting local solid waste and financial assistance programs.
Subject to the availability of amounts appropriated for this specific purpose prior to January 1, 2028, the department shall contract with a research university or an independent third-party consultant to study the plastic resin markets for all of the following:
Analyzing market conditions and opportunities in the state's recycling industry for meeting the minimum postconsumer recycled content requirements for certificated PCRC products pursuant to RCW 70A.245.020 and 70A.245.030 for products subject to minimum postconsumer recycled content requirements under chapter 70A.--- RCW (the new chapter created in section 601 of this act), and for roll carts subject to section 223 of this act; and
Determining the data needs and tracking opportunities to increase the transparency and support of a more effective, fact-based public understanding of the recycling industry.
If funding is provided pursuant to subsection (1) of this section and the department undertakes the study, the study must be completed by May 1, 2029.
This section expires July 1, 2029.
Beginning January 1, 2023, producers shall label each package containing plastic trash bags sold, offered for sale, or distributed in or into Washington with:
The name of the producer and the city, state, and country where the producer is located, which may be designated as the location of the producer's corporate headquarters, and the percentage of postconsumer recycled content that the plastic trash bag contains; or
A uniform resource locator or quick response code to an internet website that contains the information required pursuant to (a) of this subsection.
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The provisions of subsection (1) of this section do not apply to a plastic bag that is designed and manufactured to hold, store, or transport dangerous waste or biomedical waste.
For the purposes of this subsection:
"Biomedical waste" means any waste defined as that term under RCW 70A.228.010; and
"Dangerous waste" means any waste defined as dangerous wastes under RCW 70A.300.010.
Beginning January 1, 2024, a manufacturer or person may only sell, offer for sale, or distribute for use in Washington plastic collection bins made from at least 25 percent postconsumer recycled content, including at least 10 percent derived from curbside recycling programs. However, a person providing solid waste collection services may distribute for use in Washington any plastic collection bins that were in use or in its inventory in Washington state prior to January 1, 2024, until the end of such bins' useful life.
A person with an existing municipal contract for plastic collection bins that was in place prior to August 1, 2023, is exempt from this section until the expiration or renewal date of the contract. A new or renewed contract whose terms take effect after August 1, 2023, must be consistent with the requirements of this section. Exempt persons are encouraged to meet the requirements of this section as collection bins are replaced under existing contracts.
Manufacturers of plastic collection bins, including persons that sell, offer for sale, distribute, or provide collection bins in Washington must provide written evidence or certification, upon request, to the department or any municipality, retailer, stewardship organization, solid waste collection company, or other purchaser of collection bins showing that their collection bins meet the requirements of this section.
For the purposes of this section, "plastic collection bins" include plastic bins, cans, carts, toters, roll carts, or other receptacles used to collect recyclables, compostable materials, or garbage used by solid waste collection services.
The definitions in this section and section 102 of this act apply throughout this chapter unless the context clearly requires otherwise.
"Dealer" has the same meaning as "retail establishment" as that term is defined in section 102 of this act.
"Department" means the department of ecology.
"Deposit return system" means a beverage container redemption program that pays a per unit refund value to consumers for qualifying beverage containers and collects and processes qualifying beverage containers as described in section 310 of this act.
"Distributor" means every person or entity who engages in the sale of beverages in beverage containers to a dealer in this state, including any producer who engages in such sales, and dealers who self-distribute their own brands.
"Distributor responsibility organization" means an individual distributor or a producer responsibility organization formed as a cooperative association as defined under chapter 23.86 RCW, or an alternative structure as approved by the department, that is designated by a group of distributors representing the majority of beverages sold in qualifying beverage containers in the state, to develop and carry out the activities required of distributors by this chapter.
"Qualifying beverage container" means beverage containers as described in section 303 of this act.
As an alternative to satisfying its compliance obligation under chapter 70A.--- RCW (the new chapter created in section 601 of this act) for the qualifying beverage containers of participating producers, a producer responsibility organization is not required to consider qualifying beverage containers to be covered products for purposes of chapter 70A.--- RCW (the new chapter created in section 601 of this act) upon a distributor responsibility organization's establishment and operation of a deposit return system for the qualifying beverage containers described in section 303 of this act.
This chapter, related to the establishment of a deposit return system, establishes requirements for the management of the containers described in section 303 of this act.
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The requirements of sections 303 through 319 of this act do not apply to qualifying beverage containers unless and until a distributor responsibility organization, other than a single distributor acting as a distributor responsibility organization, is established and files a written notice with the department at the time of producer responsibility organization registration under chapter 70A.--- RCW (the new chapter created in section 601 of this act), that the distributor responsibility organization will establish and operate a deposit return system.
Upon the receipt of the written notice by the department under (a) of this subsection, all qualifying beverage containers of all producers subject to the requirements of chapter 70A.--- RCW (the new chapter created in section 601 of this act) cease to be considered covered products for purposes of chapter 70A.--- RCW (the new chapter created in section 601 of this act) and are instead subject to the requirements of this chapter.
Nothing in this section excludes packaging associated with qualifying beverage containers, other than the qualifying beverage container itself, from the requirements of chapter 70A.--- RCW (the new chapter created in section 601 of this act).
Sections 301 through 319 of this act apply to: Except as provided in subsection (2) of this section, any individual, separate, sealed glass, metal, or plastic bottle or can, except for a carton, foil pouch, drink box, or metal container that requires a tool to be opened, that contains any beverage intended for human consumption and in a quantity of less than or equal to two and one-half gallons.
The requirements of this chapter do not apply to dairy milk, infant formula, or beverages excluded from the requirements of this chapter by rules adopted by the department.
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Each distributor that offers for sale, sells, or distributes in or into Washington qualifying beverage containers must either join a distributor responsibility organization or must independently fulfill the duties of a distributor responsibility organization. This requirement takes effect four months after a producer responsibility organization or a distributor responsibility organization, other than a single distributor acting as a distributor responsibility organization, notifies the department of its intent to operate a deposit return program under section 302 of this act.
A distributor that has not joined a distributor responsibility organization or that does not independently fulfill the duties of a distributor responsibility organization may not sell, distribute, make available for sale, or otherwise supply beverages in qualifying beverage containers in or into Washington three months after the date specified in (a) of this subsection. A distributor that operates in violation of this requirement is subject to penalties as described in section 319 of this act.
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To qualify as a distributor responsibility organization and be approved by the department as described in section 307 of this act, a distributor responsibility organization must demonstrate to the department's satisfaction that its member distributors distributed the majority of beverages in qualifying beverage containers sold or made available for sale in the state during the most recent year for which such distribution data are available.
A distributor responsibility organization that implements or proposes to implement a plan under this chapter may not include on its board of directors or other governing structure, or otherwise be governed by, representatives or affiliates of any public or private entities that submit bids to perform work for the distributor responsibility organization or that contract with the distributor responsibility organization.
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By the date specified in subsection (1)(a) of this section, a distributor responsibility organization and any distributors independently fulfilling the requirements of this chapter must register with the department and must submit with its registration the following information:
A list of the member distributors of the distributor responsibility organization, their brands of beverages distributed by the distributor or member distributors of the distributor responsibility organization, members of the board of directors or other governing structure of the distributor responsibility organization, and a description, including the materials, of the qualifying beverage containers; and
The total gross sales volume of beverages in qualifying beverage containers distributed by the distributor or the member distributors in Washington during the most recent year for which such data are available.
If there are changes to the list of member distributors, distributed brands, or members of the board of directors or other governing structure of the distributor responsibility organization by the end of a given quarter, the distributor responsibility organization must submit an updated list to the department within 30 days of the end of that quarter.
Until a distributor responsibility organization begins to submit annual reports as specified in section 311 of this act, by January 15th of each year, beginning the year after distributor responsibility organization registration, a distributor responsibility organization must submit the following data for the prior calendar year:
A list of its member distributors and their brands of beverages in qualifying beverage containers; and
The number of qualifying beverage containers sold or made available for sale in the state, by material category and size. A distributor responsibility organization may rely on member reporting for the reporting requirements in this subsection. The number of any qualifying beverage containers that are reusable or compostable must each be reported separately from the number of other types of qualifying beverage containers.
By December 31st of the year of initial distributor responsibility organization registration and every December 31st thereafter, a distributor responsibility organization registered with the department must submit an annual payment to the department to fund the following costs:
The cost to implement, administer, and enforce this chapter, including rule making;
One-half of the costs for the support and facilitation of the advisory council created in section 121 of this act; and
One-half of the costs for a new or updated performance rates study under section 105 of this act.
Within 180 days of the adoption of rules related to this chapter, a distributor responsibility organization registered with the department as described in section 307 of this act must submit a plan to the department that meets the requirements of a deposit return system plan as specified in section 309 of this act.
A distributor responsibility organization registered with the department must implement a deposit return system, as specified in section 310 of this act, no later than two years after registration with the department.
A distributor responsibility organization registered with the department may require deposits to be collected to offset the refund value up to 30 days prior to the start of the deposit return system.
A distributor responsibility organization must respond, in writing, to the written comments and recommendations of the advisory council created in section 121 of this act within 60 days of receipt.
A distributor responsibility organization that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director of the department, or the appropriate division of the department. The director of the department must give consideration to the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160.
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A distributor responsibility organization may not use unclaimed deposits, commodity sale revenues from collected materials, or other funds collected for purposes of implementing a plan required under this chapter for costs associated with:
The payment of an administrative penalty levied under this chapter;
Administrative appeals of orders or penalties issued under this chapter;
Litigation between the distributor responsibility organization and the state;
Compensation of a person whose position is primarily representing the distributor responsibility organization relative to the passage, defeat, approval, or modification of legislation that is being considered by a government entity; or
Paid advertisements related to encouraging the passage, defeat, or approval, or modification of legislation that is being considered during an upcoming or current legislative session or was considered during the previous legislative session.
Nothing in this section limits the authority of a distributor responsibility organization to collect funds, such as through a special assessment, for purposes other than implementing a plan required under this chapter, such as for the purposes identified in (a)(i) through (v) of this subsection.
Except as provided in subsection (2) of this section, every qualifying beverage container sold or offered for sale in this state must have a refund value of 10 cents.
The department must determine, by rule, an additional premium refund value consistent with section 309(2)(c) of this act, after soliciting input from the advisory council created in section 121 of this act.
Every beverage container sold or offered for sale in this state by a dealer must clearly indicate by embossing or by a stamp, or by a label or other method securely affixed to the beverage container, the refund value of the container, as determined by rule adopted by the department. The indication of the refund value need not identify the amount of the additional refund value premium specified in section 309(2)(c) of this act.
The department must implement, administer, and enforce this chapter. The department may adopt rules to implement, administer, and enforce this chapter.
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By September 1st of each year after a distributor responsibility organization has notified the department of its intent to implement a deposit return system under section 302 of this act, the department must:
Prepare a workload analysis that identifies the projected annual costs to implement, administer, and enforce this chapter, including rule making, in the next fiscal year;
Determine a total annual fee payment to be paid by each distributor responsibility organization consistent with section 304(5) of this act that is adequate to cover, but not exceed, the costs identified in (a)(i) of this subsection and one-half of the costs of:
(A) Any performance rates studies or updates, as established in section 105 of this act; and
(B) Support and facilitation of the advisory council created in section 121 of this act;
iii. Until rules are adopted under (a)(iv) of this subsection, issue a general order to all registered distributor responsibility organizations. The department must equitably determine fee amounts for distributor responsibility organizations;
iv. By 2026, adopt rules to equitably determine annual fee payments by distributor responsibility organizations. Once these rules are adopted, the general order issued under (a)(iii) of this subsection is no longer effective; and
v. Send notice to distributor responsibility organizations of fee amounts due consistent with either the general order issued under (a)(iii) of this subsection or rules adopted under (a)(iv) of this subsection.
b. The department must:
i. Apply any remaining annual payment funds from the current year to the annual payment for the coming fiscal year, if the collected annual payment exceeds the costs identified under (a)(ii) of this subsection for a given year; and
ii. Increase annual required payments for the coming fiscal year to cover the costs identified under (a)(ii) of this subsection, if the collected annual payment was less than the amount required to cover those costs for a given year.
The department shall approve the registration of a distributor responsibility organization submitted pursuant to section 304 of this act whose initial membership at the time of registration represents, to the department's satisfaction, the distributors of a majority of beverages in qualifying beverage containers sold or made available for sale in Washington the prior year or the registration of a distributor acting as a distributor responsibility organization. Except for an individual distributor fulfilling the distributor responsibility organization, the department may not approve the registration of a distributor responsibility organization whose initial membership at the time of registration does not represent the distributors of a majority of beverages in qualifying beverage containers sold or made available for sale in Washington the prior year.
The department must review new, updated, and revised plans submitted by distributor responsibility organizations as required in section 309 of this act. The department must:
Make new, updated, and revised plans available for public review and comment for at least 30 days prior to the department's approval decision;
Review new, updated, and revised distributor responsibility organization plans within 120 days of receipt of a complete plan;
Make a determination as to whether or not to approve a plan, plan update, or plan revision and notify the distributor responsibility organization of the:
Determination of approval if a plan provides for a program that meets the requirements of this chapter, taking into consideration comments received under (a) of this subsection; or
Reasons for not approving a plan. The distributor responsibility organization must submit a new or revised plan within 60 days after receipt of the letter of disapproval. In the event that a new or revised plan submitted by a distributor responsibility organization does not sufficiently meet the requirements of this chapter, including any deficiencies identified in the initial letter of disapproval, the department may:
(A) Use the enforcement powers specified in section 319 of this act; or
(B) Amend the contents of the insufficient new or revised plan in a manner that ensures that the plan meets the requirements of this chapter and the department may require the distributor responsibility organization to implement the plan as amended by the department;
d. The approval of a plan by the department does not relieve distributors participating in the plan from responsibility for fulfilling the requirements of this chapter.
The department must review annual reports submitted by distributor responsibility organizations as required in section 311 of this act. The department must:
Make annual reports available for public review and comment for at least 30 days upon the receipt of the annual report by the department;
Review within 120 days of receipt of a complete annual report;
Make a determination as to whether or not an annual report meets the requirements of section 311 of this act and notify the producer responsibility organization of the:
Determination of approval of the annual report; or
Reasons for not approving the annual report. The distributor responsibility organization must submit a revised annual report within 60 days after receipt of the letter of disapproval;
Notify a distributor responsibility organization if the annual report demonstrates that the program and activities to implement the plan fail to achieve the performance rates approved by the department or otherwise fail to achieve significant requirements under this chapter.
In order to determine compliance with this chapter, the department may review the records of a distributor responsibility organization.
If in the course of a review described in subsection (6) of this section the department determines that an audit of a distributor responsibility organization is necessary to verify the redemption rate, the department shall require the distributor responsibility organization to retain an independent audit firm to determine the accuracy of the redemption rate. A distributor responsibility organization that is subject to review must pay the costs of the audit.
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The department shall create and administer a curbside revenue augmentation fund which must, for the first five years in which a distributor responsibility organization operates a deposit return system in the state:
Collect funds from a distributor responsibility organization as described in this section; and
Beginning January 1st of the year following the year in which a distributor responsibility organization first operates a deposit return system in the state, and each January 1st for the following four years, accept requests annually from local governments, or operators of curbside recycling programs in the state, or both, to receive funds from the curbside revenue augmentation fund to offset revenue losses from the previous year. These requests must include third-party audited financial data demonstrating any revenue losses from the value of scrap materials diverted from curbside recycling by a deposit return system, less any decreased operating costs from not collecting, hauling, processing, or landfilling the material. Each request must include the average per household weight of material by type (glass, plastic, and metal) for that applicant for the five years preceding the operation of a deposit return system in the state, compared to the average household weight of material by type for the year prior to the year in which funds are requested.
The department shall:
Evaluate all requests annually and determine the validity of the data submitted by each requester;
Reject requests that do not include sufficient or sufficiently accurate data;
Distribute funds to operators of curbside recycling systems proportionally, based on valid requests and available revenue in the fund; and
If the total amount of requests deemed valid by the department is less than the amount of funds available each year, less the department's program funding described in subsection (2) of this section, the department shall remit the remaining balance back to the distributor responsibility organization.
To meet the reuse and recycling performance requirements established in this section, a distributor responsibility organization must:
Demonstrate that all qualifying beverage containers distributed by its member distributors are designed to be reusable or recyclable by January 1, 2031, in accordance with criteria established by the department;
Calculate the reuse and recycling rates of qualifying beverage containers and provide the verification to the department as part of the annual reporting requirements. For materials reclaimed under a deposit return system, the calculation point for the redemption rate is the number of qualifying beverage containers redeemed statewide by the distributor responsibility organization divided by the number of qualifying beverage containers sold in the state by members of the distributor responsibility organization.
At a minimum, each plan must achieve the following performance requirements:
By 2028, a minimum of 60 percent of all qualifying beverage containers supplied into the state by its member distributors are reused or recycled through the deposit return system;
By 2031, a minimum of 80 percent of all qualifying beverage containers supplied into the state by its member distributors are reused or recycled through the deposit return system;
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By 2028, a minimum of 5 percent of all qualifying beverage containers sold into the state by its member distributors are reusable;
By 2030, a minimum of 10 percent of all qualifying beverage containers sold into the state are reusable; and
By 2035, a minimum of 25 percent of all qualifying beverage containers sold into the state are reusable.
To be included in a performance rate calculation for purposes of this chapter, recycled materials must be transferred to a responsible end market.
No later than 12 months after a distributor responsibility organization has been approved by the department pursuant to section 307 of this act, the distributor responsibility organization must submit a deposit return system plan to the department.
The deposit return system plan must:
Impose a refund value for all qualifying beverage containers covered under the plan, consistent with section 305 of this act;
Identify methods for collecting qualifying beverage containers from consumers and for paying consumers the refund value of the qualifying beverage containers;
Include a process for accepting direct, sorted returns for an additional refund value premium if the containers are returned by a 501(c)(3) organization that is approved by the distributor responsibility organization and serve very low-income individuals who rely on regular container refunds through the deposit return system as a source of daily funds;
Identify the governing board members of the distributor responsibility organization;
List and explain the qualifying beverage containers supplied or sold in or into Washington by each member distributor and their brands of beverages participating in the plan;
Describe how the distributor responsibility organization will use and interact with recycling programs and infrastructure that predate the implementation of the plan;
Include a list and description of qualifying beverage container reuse and refill collection systems and processing infrastructure;
Describe activities to be undertaken to make convenient collection services available for covered products in accordance with the convenience standards established under section 310 of this act;
Describe activities to be undertaken to implement the education and outreach component as required under section 316 of this act;
Describe activities to be undertaken to minimize the amount and cost of residual nonrecyclable materials from the collection and processing of qualifying beverage containers. These include residual nonrecyclable materials from material recovery facilities or similar facilities producing specification grade commodities for sale, but do not include residuals from further processing of end market-ready material;
Describe activities to be undertaken to develop or support responsible end markets for qualifying beverage containers;
Describe how plan implementation will maintain responsible management practices for qualifying beverage containers through to final disposition and ensure that any qualifying beverage containers collected for recycling will be delivered to a responsible end market;
Include a stakeholder consultation report, as described in section 315 of this act;
Describe how the distributor responsibility organization will coordinate with producer responsibility organizations under chapter 70A.--- RCW (the new chapter created in section 601 of this act) and other distributor responsibility organizations in the state, in specific terms;
Include the contingency plan described in section 317 of this act; and
Include any other information to be included in the plan as required by the department by rule.
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The initial plans due to be submitted under this section may address no more than three calendar years, dating from the date on which the plan is due to be submitted to the department. Within two years of implementation of its initial plan, a distributor responsibility organization must submit an updated plan for the following five calendar years to address changes in the operations and activities of the program.
For plans other than those described in (a) of this subsection, a distributor responsibility organization must submit a plan to the department that addresses five calendar years of operation, dating from the date on which the plan is due to be submitted to the department. A plan is valid for no more than five years.
For all subsequent plans submitted after the initial plan, a distributor responsibility organization must submit to the department, one year prior to the expiration of the plan, an updated plan for the following five calendar years of operation to address changes in the operations and activities of the program.
If the performance rates set in section 308 of this act have not been met as of the time of plan update, the distributor responsibility organization must arrange for an independent evaluation to be conducted of the distributor responsibility organization's efforts to implement the plan approved by the department. The evaluation must provide information for the distributor responsibility organization to use to target and improve program outcomes relative to the proposed and approved performance rates.
A distributor responsibility organization must carry out the consultation process established in section 315 of this act prior to the submission of each plan and plan update. The consultation process established in section 315 of this act is not required to be carried out by a distributor responsibility organization that is submitting a revised plan:
In response to an order from the department; or
Subsequent to a letter disapproving of a plan submission by the distributor responsibility organization and for which the original plan submitted by the distributor responsibility organization had been subject to the consultation process required in section 315 of this act.
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A distributor responsibility organization may choose to update its plan if significant changes have occurred.
The department may require a distributor responsibility organization to update its plan more frequently than every five years if:
The program and activities to implement the plan fail to achieve the performance rates set in section 308 of this act or otherwise fail to achieve significant requirements under this chapter;
Additional distributor responsibility organizations register with the department or receive approval from the department to begin implementing a plan; or
There are significant changes to the regulatory or economic environment in which plan activities are being carried out.
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The distributor responsibility organization approved by the department must, at its own cost, provide a convenient bulk drop-off option for bagged qualifying beverage containers at geographically dispersed locations in Washington. The drop-off locations must be at locations convenient to locations that sell beverages in qualifying beverage containers, but nothing in this chapter may be interpreted to create a legal obligation on the part of dealers either to accept returned qualifying beverage containers or to allow a drop-off location to be sited at the dealer.
The distributor responsibility organization may not charge customers for the drop-off service and must credit the cost of any required bag purchase back to the customer when the bag is processed. If drop-off bags are made of plastic film, the bags must have a minimum 50 percent recycled content and the distributor responsibility organization must be able to demonstrate that waste film from bags is being recycled in the best commercially available manner.
Every distributor responsibility organization must identify in its plan and on its website, in appropriate languages, maps of each area where drop-off and other collection services for qualifying beverage containers are available, a list and map of the location of each permanent collection opportunity for qualifying beverage containers, and the types and a list and map of locations of alternate collection methods used.
The distributor responsibility organization must establish at least 270 bag drop-off sites around the state of Washington, distributed by county in proportion to the volume of qualifying beverage containers sold in the county. Bag drop-off sites may be located at dealers, or any other publicly owned facility convenient to a dealer, but nothing in this chapter may be interpreted to create a legal obligation on the part of dealers, retail establishments, or publicly owned facilities either to accept returned qualifying beverage containers or to allow a bag drop-off site to be sited at the dealer or publicly owned facility. All sites must be paid for in full by the distributor responsibility organization.
The distributor responsibility organization is not required to accept or pay refunds for:
Any beverage container that visibly contains or is contaminated by a substance other than water, residue of the original contents, or ordinary dust;
Any beverage container that is crushed, broken, or damaged to the extent that the brand appearing on the container cannot be identified; or
Any beverage container for which the distributor responsibility organization has evidence was not purchased through the state's deposit return system, or for which a refund has already been given.
If the distributor responsibility organization uses automated industrial counting equipment to count containers returned in bulk and credit refund values to consumers, the distributor responsibility organization may use commercially viable methods of counting and must have a customer service system to serve as the remedy in the case of discrepancies.
The distributor responsibility organization may create reasonable terms and conditions for participation in the program.
Distributor responsibility organizations, government entities, and service providers implementing the deposit return system must manage qualifying beverage containers in a manner consistent with the state's solid waste management hierarchy established in RCW 70A.205.005.
Qualifying beverage containers collected by the deposit return system must be responsibly managed at facilities operating with human health and environmental protection standards that are broadly equivalent to or better than those required in the United States and other countries that are members of the organization for economic cooperation and development.
Distributor responsibility organizations implementing a plan must include measures to:
Track, verify, and publicly report that the responsible management of qualifying beverage containers collected by the deposit return system is maintained and that recycled materials are delivered to a responsible end market;
Promote and facilitate reuse of qualifying beverage containers designed to be reused;
Meet the necessary quality standards for recycled materials so that qualifying beverage containers collected by the program may be used to manufacture new products;
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Document the locations of all material recovery facilities and other processing facilities used to meet the requirements of this chapter, whether within Washington, elsewhere in North America, or outside of North America; and
Describe whether the processing facilities were preexisting, planned, or under construction as of plan approval.
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Prior to deposit return use of any alternative recycling process for conversion of postuse plastic polymers for the purpose of producing recycled material to be counted toward performance target rates under this chapter, the distributor responsibility organization must seek the department's approval and submit a third-party assessment of the process's environmental impacts, as described under this subsection. In order for an alternative recycling process to be approved, the department must determine, after considering public comment and input from the advisory council, that the alternative recycling process produces similar or lesser impacts than those produced in recycling that uses purely mechanical means for each of the following environmental impacts:
Air and water pollution and release or creation of any hazardous pollutants;
Energy efficiency and greenhouse gas emissions;
Generation of hazardous waste;
Environmental impacts on overburdened communities and vulnerable populations as identified by the department under chapter 70A.02 RCW;
Water usage including, but not limited to, impacts to local water resources and sewage infrastructure; and
The results of the assessment under (a) of this subsection must, whenever reported and communicated, provide full disclosure of geographical, temporal, and technological boundaries that have been selected for the assessment.
The person preparing the assessment under (a) of this subsection may not be interested, directly or indirectly, in the ownership or operation of any recycling facility proposed to conduct the alternative recycling process under assessment.
To facilitate recycling of covered products back into covered products and encourage development of circular economic activity in the state and region, material recovery facilities and other processing facilities handling materials under the program shall prioritize agreements with and on behalf of distributor or distributor responsibility organizations regarding long-term contracts and other purchase agreements based on fair market pricing for commodities of comparable quality.
Distributor responsibility organizations must coordinate with other distributor responsibility organizations in Washington or other states and producer responsibility organizations in Washington or other states to provide reimbursement and ensure that government entities and service providers are reimbursed for recycling services as required under this chapter, and to ensure that qualifying beverage containers are not reported as supplied or managed by more than one organization.
Beginning July 1st of the year after an approved program begins to be implemented, and each July 1st thereafter, a distributor responsibility organization must submit an annual report to the department for the preceding calendar year of plan implementation. Each annual report must include data, descriptions, and other information sufficient to allow the department to determine whether a distributor responsibility organization has fulfilled its obligations under this chapter during the preceding calendar year, including actions identified by the distributor responsibility organization to be undertaken as part of the plan submitted under section 309 of this act, and actions to implement the requirements and other provisions of this chapter.
Each annual report must include the following information:
A list of the member distributors within the distributor responsibility organization;
A list and explanation of the beverages in qualifying beverage containers supplied or sold in or into Washington to consumers by members of the distributor responsibility organization and the brands of qualifying beverage containers participating in the deposit return system;
The number of qualifying beverage containers supplied into the state in aggregate, and by material categories of glass, metal, and plastic, by members of the distributor responsibility organization, as determined by an independent financial audit in conjunction with (k) of this subsection;
The number of qualifying beverage containers returned in aggregate, and by material categories of glass, metal, and plastic, through the deposit return system operated by the distributor responsibility organization;
The final destinations of all recycled material managed by the program;
The annual redemption rate in aggregate, and by material categories of glass, metal, and plastic;
When applicable, the annual proportion of reused containers;
The number, distribution, and location of container return locations in the state;
The total annual budget for the distributor responsibility organization;
The total value of unclaimed refunds;
The total cost of implementing the deposit return system, as determined by an independent financial audit and performed by an independent auditor, including:
Information regarding the independently audited financial statements detailing all payments received and issued by the distributor responsibility organization covered by the deposit return system under the plan approved by the department;
A copy of the independent audit; and
A detailed description of the infrastructure investments made consistent with section 312 of this act.
The entire value of unclaimed refunds collected under this chapter, whether held or retained by distributors or by the distributor responsibility organization, must be invested in operations and infrastructure supporting the reuse and recycling of qualifying beverage containers in Washington. The distributor responsibility organization shall provide audited financial details to demonstrate that the distributor responsibility organization's infrastructure and operating budget is greater than the value of 100 percent of the unclaimed refunds.
The distributor responsibility organization must accept, and must pay the full refund value for, any qualifying beverage containers presented to it by material recovery facilities, government entities, and other processing facilities handling recyclable materials as long as the qualifying beverage containers have been collected and separated in accordance with standards established by the distributor responsibility organization, and those standards have been approved by the department. The methodology for determining the amount of beverage containers presented for redemption by government entities, material recovery facilities, and other processing facilities handling recyclable materials must include periodic third-party auditing and verification. Redemption of any qualifying beverage containers collected through services for which a producer responsibility organization established under chapter 70A.--- RCW (the new chapter created in section 602 of this act) provides reimbursement must be reported to the producer responsibility organization and may be factored into reimbursement rates as specified by the producer responsibility organization plan approved by the department.
Service provider agreements between distributor responsibility organizations and government entities under this chapter are limited in scope to authorizing the reimbursement of costs and any other services included in a distributor responsibility organization plan that are to be carried out by a government entity. A distributor responsibility organization may not make a government entity's reimbursement under this chapter contingent upon the performance of activities or the fulfillment of terms or conditions that are not specified as a duty of government entities under this chapter or required under a plan approved under this chapter.
A distributor responsibility organization that enters into contractual agreements with service providers to carry out producer responsibilities under this chapter must:
Use open, competitive, and fair procurement practices;
Provide opportunities for women, minority, or veteran-owned businesses, small businesses, and independent operators to participate as service providers;
Require that all contracted service providers:
Meet minimum operating standards, including the requirements of this chapter and chapter 70A.205 RCW;
Meet high labor standards, including family level wages, providing benefits including health care and retirement plans or contributions, and demonstrate procurement from and contracts with women, minority, or veteran-owned businesses; and
Provide fair opportunities regardless of ethnicity, race, gender, age, disability, religion, sexual orientation, or national origin; and
Require that contracted service providers maintain records and provide the producer responsibility organization with verifiable chain of custody documentation up to the point of final disposition, reporting parameters for material recovery facilities and other processing facilities under section 110 of this act, and other documentation necessary to evaluate the performance relative to the requirements of this chapter. The producer responsibility organization must submit the records and documentation required under this subsection to the department, upon request by the department.
The department must consult with other state agencies in any review of the distributor responsibility organization's consistency with the standards established in this section.
The deposit return organization program account is created in the custody of the state treasury. All receipts received by the department under this chapter must be deposited in the account. Expenditures from the account may be used by the department only for implementing, administering, and enforcing the requirements of this chapter. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Each distributor of qualifying beverage containers must participate in, implement, and fund a distributor responsibility organization plan approved by the department.
A distributor responsibility organization that is registered with the department must develop and maintain a public website with enhanced language access informing the public of plan implementation details, including collection services and locations for each type of qualifying beverage containers, and a current list of all member producers and brands of beverages participating in the plan.
Prior to submitting a new, updated, or revised plan to the department, a distributor responsibility organization must conduct a consultation process to directly and actively involve stakeholders in development of key plan elements established in section 309 of this act. The distributor responsibility organization, through the consultation process, must solicit and respond to input and recommendations from the advisory council established in section 121 of this act and other stakeholders. At a minimum, the consultation process must include:
Quarterly meetings open to the public with the advisory council subject to the requirements of chapter 42.30 RCW throughout the plan development process to discuss and review key plan elements;
Consultation on the reimbursement rates to be used for any services other than curbside collection that are to be carried out by government entities and that may be included in producer responsibility organization plans;
Consultation on the service agreement template and any other forms, contracts, or documents outlining the terms and conditions for reimbursement to government entities for services delivered in accordance with the requirements of this chapter;
Opportunities for all stakeholders, including the advisory council created in section 121 of this act, and members of the public to provide comment on the plan for no less than 30 days prior to its submission to the department;
Presentations in various formats and languages as necessary for soliciting meaningful input on the plan and receiving comments including workshops, surveys, webinars, and one-on-one meetings; and
Documentation of all comments received from the advisory council created in section 121 of this act and other stakeholders, and a summary of responses provided by the distributor responsibility organization for purposes of a stakeholder consultation report to be included with the submission of a plan to the department. The stakeholder consultation report must also describe each forum in which comments or input was received and how it was addressed in the plan.
Each plan implemented by a distributor responsibility organization under this chapter must include education and outreach activities that effectively reach diverse residents, are accessible, are clear, and support the achievement of the performance rates set in distributor responsibility organization plans as described in section 309 of this act. To implement the education and outreach activities described in the plan, a distributor responsibility organization must, at minimum:
Develop and provide outreach and educational materials, resources, and campaigns about the program to be used by dealers, government entities, and nonprofit organizations. The materials, resources, and campaigns developed under this section must encourage participation in recycling collection and reuse and refill systems and must achieve:
Education and engagement with residents on recycling, reuse, and refill practices;
Outreach to obtain consistently high levels of public participation in and use of the deposit return system and reuse and refill systems, including where and how to redeem qualifying beverage containers, or return or refill reusable covered products; and
Education and engagement to reduce the rate of inbound contamination or unwanted materials;
Coordinate and fund the distribution and deployment of statewide promotional campaigns developed under this section through media channels that may include, but are not limited to, print publications, radio, television, the internet, and online streaming services;
Use consistent and easy to understand messaging and education statewide, with the aim of reducing resident confusion regarding the recyclability, reuse, compostability, and end-of-life management options available for different qualifying beverage containers;
Be conceptually, linguistically, and culturally accurate for the communities served and tailored to effectively reach the state's diverse populations, including through meaningful consultation with overburdened communities and vulnerable populations;
Establish a process for answering customer questions and resolving customer concerns; and
Evaluate the effectiveness of education and outreach efforts for the purposes of making progress toward performance requirements established in this chapter.
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A distributor responsibility organization must coordinate with government entities that choose to participate in carrying out resident education and outreach in accordance with the approach specified in the distributor responsibility organization's plan.
All distributor responsibility organizations implementing a plan approved by the department must collaborate to present a consistent statewide program to ensure that all state residents can easily identify, understand, and access services provided by any approved distributor responsibility organization. The department may require distributor responsibility organizations to coordinate and use consistent signage and consistent messaging in education and outreach activities under this section.
A distributor responsibility organization must submit to the department a comprehensive contingency plan demonstrating how the activities in the plan will continue to be carried out by some other entity, if needed, such as an escrow company:
Until such time as a new plan is submitted and approved by the department;
Upon the expiration of an approved plan;
In the event that the distributor responsibility organization has been notified by the department that they must transfer implementation responsibility for the program to a different distributor responsibility organization;
In the event that the distributor responsibility organization notifies the department that it will cease to implement an approved plan; or
In any other event that the distributor responsibility organization can no longer carry out plan implementation.
The contingency plan required in this section must be submitted to the department as a component of the distributor responsibility organization's initial plan submitted to the department under section 309 of this act. The department may require a distributor responsibility organization to update the contingency plan required under this section coincident with any plan update under section 309 of this act.
The department must follow the same process and timelines for reviewing and approving the contingency plan as it follows for reviewing and approving the distributor responsibility organization's program plan under section 309 of this act.
Unless otherwise specified in a distributor responsibility organization's bylaws or in a contract between a distributor responsibility organization and an individual distributor arranging specifically for the collection of beverage containers sold for the purpose of consumption on premises, any manufacturer, distributor, or importer that fails to pay to the distributor responsibility organization the refund value of beverage containers included in this chapter is liable to the distributor responsibility organization for treble the unpaid refund value and treble the collection costs incurred by the distributor responsibility organization for any beverage containers that were sold without the refund value of the container being remitted to the distributor responsibility organization.
The distributor responsibility organization shall pay a penalty to the department equal to 10 cents for every unredeemed container under the performance requirements set forth in section 308(2) of this act.
In addition to the penalties prescribed in subsection (1) of this section, the department may administratively impose a civil penalty of up to $1,000 per violation per day on any person who violates this chapter or on any distributor responsibility organization who violates the postconsumer recycled content provisions applicable to distributor responsibility organizations under chapter 70A.--- RCW (the new chapter created in section 602 of this act) and up to $10,000 per violation per day for the second and each subsequent violation.
Upon the department notifying a distributor responsibility organization that it has not met a significant requirement of this chapter or chapter 70A.--- RCW (the new chapter created in section 602 of this act), the department may, in addition to assessing the penalties provided in subsections (1) and (2) of this section, take any combination of the following actions:
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Issue corrective action orders to a distributor or distributor responsibility organization;
Issue orders to a distributor responsibility organization to provide for the continued implementation of the program in the absence of an approved plan;
Revoke the distributor responsibility organization's plan approval and require the distributor responsibility organization to implement its contingency plan under section 317 of this act;
Require a distributor responsibility organization to revise or resubmit a plan within a specified time frame; or
Require additional reporting related to compliance with the significant requirements of this chapter that was not met.
Prior to taking the actions described in subsection (3)(b) of this section, the department must provide the distributor responsibility organization or the producer an opportunity to respond to or rebut the written finding upon which the action is predicated.
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After October 1st of the first year in which a distributor responsibility organization is registered with the department, and after notification of noncompliance from the department and a 60-day period in which the distributor responsibility organization has the opportunity to remedy the noncompliance, the department shall administratively impose a civil penalty once per year to any distributor that fails to participate in a distributor responsibility organization as specified in section 304 of this act, which is the greater of 10 cents per qualifying beverage container sold or made available for sale by that distributor in the state, or $10,000.
Any distributor that incurs a penalty or order under this section may appeal the penalty to the pollution control hearings board established in chapter 43.21B RCW.
Penalties levied under this section must be deposited into the recycling enhancement account created in RCW 70A.245.100 .
By December 1, 2025, the department of ecology must complete and publish on its website the feasibility analysis described in this section.
The purpose of the feasibility analysis is to:
Identify options to improve the convenience experienced by consumers with unwanted products or packaging covered by state product stewardship, extended producer responsibility, and similar takeback programs, by harmonizing or establishing a system of common or centralized takeback centers or depots for consumers; and
Consider the viability, costs, and tradeoffs associated with each option that might lead to improved outcomes for consumers and improved end-of-life management outcomes for covered unwanted products.
The department of ecology must deliver policy recommendations to the legislature by December 1, 2025.
The department of ecology must consult with the department of health for purposes of considering the potential for integration of collection infrastructure under chapter 69.48 RCW with the collection infrastructure of other state programs.
The feasibility analysis required under this section must:
Be conducted by an independent third party selected by the department;
Consider the following:
Existing common collection infrastructure models used by other jurisdictions;
Existing voluntary and contractually established collection infrastructure currently used to collect unwanted products and packaging in Washington; and
Options to deploy curbside collection systems for the specialized collection of products;
Include policy recommendations to the legislature to improve consumer convenience and improve environmental end-of-life management outcomes for any combination of products and packaging covered by extended producer responsibility programs, takeback programs, or product stewardship programs;
(A) Beverage containers covered by the deposit return requirements of chapter 70A.--- RCW (the new chapter created in section 603 of this act);
(B) Covered products under chapter 70A.--- RCW (the new chapter created in section 601 of this act);
(C) Covered drugs under chapter 69.48 RCW;
(D) Covered electronic products under chapter 70A.500 RCW;
(E) Mercury-containing lights under chapter 70A.505 RCW;
(F) Photovoltaic modules under chapter 70A.510 RCW; and
(G) Architectural paint under chapter 70A.515 RCW.
ii. Any policy recommendations for changes to the collection of products covered by programs identified in (c)(i) of this subsection should consider:
(A) Whether and how to amend convenience standards established under each program, including the types of curbside, drop off, event, and public and private infrastructure that serves as collection infrastructure; and
(B) Whether and how to specify that producers of products covered by programs recommended for inclusion in the creation of a common collection system be required to fund the establishment of the common collection infrastructure; and
d. Include an opportunity for public input on the feasibility study and on any draft recommendations.
In consultation with producer responsibility organizations registered with the department of ecology under chapter 70A.--RCW (the new chapter created in section 601 of this act) and distributor responsibility organizations under chapter 70A.--- RCW (the new chapter created in section 603 of this act), the department of ecology and the department of revenue must study:
The impacts of producer and distributor requirements under chapters 70A.--- (the new chapter created in section 601 of this act) and 70A.--- RCW (the new chapter created in section 603 of this act) on the litter rates of covered products and qualifying beverage containers under those chapters; and
Possible improvements to the structure of the litter tax under chapter 82.19 RCW including, but not limited to, administration, compliance, and distribution of the tax and application of the tax to certain products, for achieving the purpose of chapter 82.19 RCW.
By January 1, 2029, the department of ecology, in consultation with the department of revenue, must provide recommendations to the appropriate committees of the legislature on:
Applicability of the litter tax to covered products and qualifying beverage containers, based on whether the purpose of the litter tax under chapter 82.19 RCW is being achieved for those products by the requirements of producers and distributors under chapters 70A.--- (the new chapter created in section 601 of this act) and 70A.--- RCW (the new chapter created in section 603 of this act); and
Improvements to the structure of the litter tax for meeting the purposes of chapter 82.19 RCW.
The legislature finds:
Continuing technological changes in methods of manufacture, packaging, and marketing of consumer products, together with the economic and population growth of this state, the rising affluence of its citizens, and its expanding industrial activity have created new and ever-mounting problems involving disposal of garbage, refuse, and solid waste materials resulting from domestic, agricultural, and industrial activities.
Traditional methods of disposing of solid wastes in this state are no longer adequate to meet the ever-increasing problem. Improper methods and practices of handling and disposal of solid wastes pollute our land, air and water resources, blight our countryside, adversely affect land values, and damage the overall quality of our environment.
Considerations of natural resource limitations, energy shortages, economics and the environment make necessary the development and implementation of solid waste recovery and/or recycling plans and programs.
Waste reduction must become a fundamental strategy of solid waste management. It is therefore necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility.
Source separation of waste must become a fundamental strategy of solid waste management. Collection and handling strategies should have, as an ultimate goal, the source separation of all materials with resource value or environmental hazard.
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It should be the goal of every person and business to minimize their production of wastes and to separate recyclable or hazardous materials from mixed waste.
It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in a manner that is environmentally safe and economically sound. It is further the responsibility of state, county, and city governments to monitor the cost-effectiveness and environmental safety of combusting separated waste, processing mixed municipal solid waste, and recycling programs.
It is the responsibility of county and city governments to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies.
It is the responsibility of state government to ensure that local governments are providing adequate source reduction and separation opportunities and incentives to all, including persons in both rural and urban areas, and nonresidential waste generators such as commercial, industrial, and institutional entities, recognizing the need to provide flexibility to accommodate differing population densities, distances to and availability of recycling markets, and collection and disposal costs in each community; and to provide county and city governments with adequate technical resources to accomplish this responsibility.
It is the responsibility of producers to help provide for the responsible management of their products.
Environmental and economic considerations in solving the state's solid waste management problems requires strong consideration by local governments of regional solutions and intergovernmental cooperation.
The following priorities for the collection, handling, and management of solid waste are necessary and should be followed in descending order as applicable:
Waste reduction;
Recycling, with source separation of recyclable materials as the preferred method;
Energy recovery, incineration, or landfill of separated waste;
Energy recovery, incineration, or landfill of mixed municipal solid wastes.
It is the state's goal to achieve a 50 percent recycling rate by 2007.
It is the state's goal that programs be established to eliminate residential or commercial yard debris in landfills by 2012 in those areas where alternatives to disposal are readily available and effective.
Steps should be taken to make recycling at least as affordable and convenient to the ratepayer as mixed waste disposal.
It is necessary to compile and maintain adequate data on the types and quantities of solid waste that are being generated and to monitor how the various types of solid waste are being managed.
Vehicle batteries should be recycled and the disposal of vehicle batteries into landfills or incinerators should be discontinued.
Excessive and nonrecyclable packaging of products should be avoided.
Comprehensive education should be conducted throughout the state so that people are informed of the need to reduce, source separate, and recycle solid waste.
All governmental entities in the state should set an example by implementing aggressive waste reduction and recycling programs at their workplaces and by purchasing products that are made from recycled materials and are recyclable.
To ensure the safe and efficient operations of solid waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and certification.
It is necessary to provide adequate funding to all levels of government so that successful waste reduction and recycling programs can be implemented.
The development of stable and expanding markets for recyclable materials is critical to the long-term success of the state's recycling goals. Market development must be encouraged on a state, regional, and national basis to maximize its effectiveness. The state shall assume primary responsibility for the development of a multifaceted market development program to carry out the purposes of chapter 431, Laws of 1989.
There is an imperative need to anticipate, plan for, and accomplish effective storage, control, recovery, and recycling of discarded tires and other problem wastes with the subsequent conservation of resources and energy.
The purpose of this chapter is to establish a comprehensive statewide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter:
To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state, and sharing with producers' responsibility for the management of their covered products under chapter 70A.--- RCW (the new chapter created in section 601 of this act);
To provide for adequate planning for solid waste handling by local government;
To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling, including that all sites where recyclable materials are generated and transported from shall provide a separate container for solid waste;
To encourage the development and operation of waste recycling facilities needed to accomplish the management priority of waste recycling, to promote consistency in the requirements for such facilities throughout the state, and to ensure that recyclable materials diverted from the waste stream for recycling are routed to facilities in which recycling occurs;
To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;
To encourage storage, proper disposal, and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state; and
To encourage the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling and to promote consistency in the permitting requirements for such facilities and activities throughout the state.
It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.
Each county and city comprehensive solid waste management plan shall include the following:
A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.
The estimated long-range needs for solid waste handling facilities projected twenty years into the future.
A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:
Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;
Take into account the comprehensive land use plan of each jurisdiction;
Contain a six year construction and capital acquisition program for solid waste handling facilities; and
Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.
A program for surveillance and control.
A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:
Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his or her place of business and the area covered by the franchise;
Any city solid waste operation within the county and the boundaries of such operation;
The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;
The projected solid waste collection needs for the respective jurisdictions for the next six years.
A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW 70A.205.005, provides programs that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source separated waste.
The waste reduction and recycling element shall include the following:
Waste reduction strategies, which may include strategies to reduce wasted food and food waste that are designed to achieve the goals established in RCW 70A.205.715(1) and that are consistent with the plan developed in RCW 70A.205.715(3);
Source separation strategies, including:
Programs for the collection of source separated materials from residences , including programs that are the responsibility of producer responsibility organizations in chapter 70A.--- RCW (the new chapter created in section 601 of this act) and distributor responsibility organizations in chapter 70A.--- RCW (the new chapter created in section 603 of this act). These programs shall include collection of source separated recyclable materials from single and multiple-family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines. Such criteria shall include: Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate. These programs shall also include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer, processing, or disposal site, or at locations convenient to the residents of the county. The drop-off boxes and buy-back centers may be owned or operated by public, nonprofit, or private persons. Comprehensive solid waste management plans that are newly developed, updated, or amended after July 1, 2026, may incorporate by reference the plans of producer responsibility organizations established in the jurisdiction under chapter 70A.--- RCW (the new chapter created in section 601 of this act) to fulfill this requirement in whole or in part;
Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient density to sustain a program;
Programs to collect yard waste and food waste, if the county or city submitting the plan finds that there are adequate markets or capacity for composted yard waste and food waste within or near the service area to consume the majority of the material collected; and
Programs to educate and promote the concepts of waste reduction and recycling;
Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services;
Other information the county or city submitting the plan determines is necessary.
An assessment of the plan's impact on the costs of solid waste collection. The assessment shall be prepared in conformance with guidelines established by the utilities and transportation commission. The commission shall cooperate with the Washington state association of counties and the association of Washington cities in establishing such guidelines.
A review of potential areas that meet the criteria as outlined in RCW 70A.205.110.
A contamination reduction and outreach plan. The contamination reduction and outreach plan must address reducing contamination in recycling. Except for counties with a population of twenty-five thousand or fewer, by July 1, 2021, a contamination reduction and outreach plan must be included in each solid waste management plan by a plan amendment or included when revising or updating a solid waste management plan developed under this chapter. Jurisdictions may adopt the state's contamination reduction and outreach plan as developed under RCW 70A.205.070 or participate in a producer responsibility organization's plan in lieu of creating their own plan. In comprehensive solid waste management plans that are newly developed, updated, or amended after July 1, 2027, a jurisdiction must reference the plans of producer responsibility organizations established in the jurisdiction under chapter 70A.--- RCW (the new chapter created in section 601 of this act) and any plans of distributor responsibility organizations under chapter 70A.--- RCW (the new chapter created in section 603 of this act). A recycling contamination reduction and outreach plan must include the following:
A list of actions for reducing contamination in recycling programs for single-family and multiple-family residences, commercial locations, and drop boxes depending on the jurisdictions system components;
A list of key contaminants identified by the jurisdiction or identified by the department;
A discussion of problem contaminants and the contaminants' impact on the collection system;
An analysis of the costs and other impacts associated with contaminants to the recycling system; and
An implementation schedule and details of how outreach is to be conducted. Contamination reduction education methods may include sharing community-wide messaging through newsletters, articles, mailers, social media, websites, or community events, informing recycling drop box customers about contamination, and improving signage.
The commission shall supervise and regulate every solid waste collection company in this state,
By fixing and altering its rates, charges, classifications, rules and regulations;
By regulating the accounts, service, and safety of operations;
By requiring the filing of annual and other reports and data;
By supervising and regulating such persons or companies in all other matters affecting the relationship between them and the public which they serve;
By requiring compliance with local solid waste management plans and related implementation ordinances;
By reviewing producer responsibility organization reimbursement of regulated service providers consistent with the requirements of chapter 70A.--- RCW (the new chapter created in section 601 of this act);
By requiring certificate holders under this chapter to use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70A.205.005 and the minimum levels of solid waste collection and recycling services pursuant to local comprehensive solid waste management plans and with implementation of services designated by a producer responsibility organization in an approved plan to meet the requirements of chapter 70A.--- RCW (the new chapter created in section 601 of this act). The commission may order consolidated billing and provide for reasonable and necessary expenses to be paid to the administering company if more than one certificate is granted in an area.
The commission, on complaint made on its own motion or by an aggrieved party, at any time, after providing the holder of any certificate with notice and an opportunity for a hearing at which it shall be proven that the holder has willfully violated or refused to observe any of the commission's orders, rules, or regulations, or has failed to operate as a solid waste collection company for a period of at least one year preceding the filing of the complaint, may suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter.
A solid waste collection company shall not operate for the hauling of solid waste for compensation without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation. Operating for the hauling of solid waste for compensation includes advertising, soliciting, offering, or entering into an agreement to provide that service. To operate a solid waste collection company in the unincorporated areas of a county, the company must comply with the solid waste management plan prepared under chapter 70A.205 RCW in the company's franchise area and, if applicable, the service standards established in an approved producer responsibility organization plan to meet the requirements of chapter 70A.--- RCW (the new chapter created in section 601 of this act).
Issuance of the certificate of necessity must be determined on, but not limited to, the following factors: The present service and the cost thereof for the contemplated area to be served; an estimate of the cost of the facilities to be utilized in the plant for solid waste collection and disposal, set out in an affidavit or declaration; a statement of the assets on hand of the person, firm, association, or corporation that will be expended on the purported plant for solid waste collection and disposal, set out in an affidavit or declaration; a statement of prior experience, if any, in such field by the petitioner, set out in an affidavit or declaration; and sentiment in the community contemplated to be served as to the necessity for such a service.
When an applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, the commission may, after notice and an opportunity for a hearing, issue the certificate only if the existing solid waste collection company or companies serving the territory will not provide service to the satisfaction of the commission or if the existing solid waste collection company does not object.
In all other cases, the commission may, with or without hearing, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require.
Any right, privilege, certificate held, owned, or obtained by a solid waste collection company may be sold, assigned, leased, transferred, or inherited as other property, only if authorized by the commission.
For purposes of issuing certificates under this chapter, the commission may adopt categories of solid wastes as follows: Garbage, refuse, recyclable materials, and demolition debris. A certificate may be issued for one or more categories of solid waste. Certificates issued on or before July 23, 1989, shall not be expanded or restricted by operation of this chapter.
The commission, in fixing and altering collection rates charged by every solid waste collection company under this section, shall include in the base for the collection rates:
All charges for the disposal of solid waste at the facility or facilities designated by a local jurisdiction under a local comprehensive solid waste management plan or ordinance; and
All known and measurable costs related to implementation of the approved county or city comprehensive solid waste management plan or to the implementation of services designated by a producer responsibility organization in an approved plan to meet the requirements of chapter 70A.--- RCW (the new chapter created in section 601 of this act).
If a solid waste collection company files a tariff to recover the costs specified under this section, and the commission suspends the tariff, the portion of the tariff covering costs specified in this section shall be placed in effect by the commission at the request of the company on an interim basis as of the originally filed effective date, subject to refund, pending the commission's final order. The commission may adopt rules to implement this section.
This section applies to a solid waste collection company that has an affiliated interest under chapter 81.16 RCW with a facility, if the total cost of disposal, including waste transfer, transport, and disposal charges, at the facility is equal to or lower than any other reasonable and currently available option.
The commission shall allow solid waste collection companies collecting recyclable materials other than covered products collected under an approved plan in chapter 70A.--- RCW (the new chapter created in section 601 of this act) and qualifying beverage containers under an approved plan in chapter 70A.--- RCW (the new chapter created in section 603 of this act) to retain up to 50 percent of the revenue paid to the companies for the material if the companies submit a plan to the commission that is certified by the appropriate local government authority as being consistent with the local government solid waste plan and that demonstrates how the revenues will be used to increase recycling. The remaining revenue shall be passed to residential customers.
By December 2, 2005, the commission shall provide a report to the legislature that evaluates:
The effectiveness of revenue sharing as an incentive to increase recycling in the state; and
The effect of revenue sharing on costs to customers.
Upon the request of a producer responsibility organization formed under chapter 70A.--- RCW (the new chapter created in section 601 of this act), the commission must conduct a prudency review of base cost formulas proposed to be used for calculating reimbursement rates for government entities, consistent with the requirements applicable to the consultation process specified in section 106(3) of this act.
Nothing in this chapter or chapter 70A.--- (the new chapter created in section 602 of this act) or 70A.--- RCW (the new chapter created in section 603 of this act) prevents a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop box, or from a commercial or industrial generator of recyclable materials that does not include materials generated from single and multiple-family residences upon agreement with a solid waste collection company.
Nothing in this chapter or chapter 70A.--- (the new chapter created in section 602 of this act) or 70A.--- RCW (the new chapter created in section 603 of this act) may be construed as prohibiting a commercial or industrial generator of commercial recyclable materials that does not contain materials generated from single or multiple-family residences from selling, conveying, or arranging for transportation of the material to a recycler for reuse or reclamation.
The department of ecology may direct producers to register and submit any required data, annual reports, fees, and annual payments, and any additional information or documentation to the clearinghouse established in section 126 of this act in lieu of submission to the department.
The department may direct producers to register and submit any required data, annual reports, fees, and annual payments, and any additional information or documentation to the clearinghouse established in section 126 of this act in lieu of submission to the department.
The department may direct producers to register and submit any required data, annual reports, fees, and annual payments, and any additional information or documentation to the clearinghouse established in section 126 of this act in lieu of submission to the department.
The department may direct producers to register and submit any required data, annual reports, fees, and annual payments, and any additional information or documentation to the clearinghouse established in section 126 of this act in lieu of submission to the department.
The department may direct producers to register and submit any required data, annual reports, fees, and annual payments, and any additional information or documentation to the clearinghouse established in section 126 of this act in lieu of submission to the department.
The department may direct producers to register and submit any required data, annual reports, fees, and annual payments, and any additional information or documentation to the clearinghouse established in section 126 of this act in lieu of submission to the department.
The department of ecology may direct distributors to register and submit any required data, annual reports, fees, and annual payments, and any additional information or documentation to the clearinghouse established in section 126 of this act in lieu of submission to the department.
The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:
Civil penalties imposed pursuant to RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.530.040, 70A.350.070, 70A.515.060, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.65.200, 70A.455.090, sections 124, 212, and 319 of this act, 76.09.170, 77.55.440, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.
Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.300.120, 70A.350.070, 70A.245.020, 70A.65.200, sections 124, 212, and 319 of this act, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.
Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, or a decision to approve or deny an application for a solid waste permit exemption under RCW 70A.205.260.
Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70A.205 RCW.
Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70A.226.090.
Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisions of the department regarding waste-derived soil amendments under RCW 70A.205.145.
Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in RCW 90.64.026.
Any other decision by the department or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
Decisions of the department of natural resources, the department of fish and wildlife, and the department that are reviewable under chapter 76.09 RCW, and the department of natural resources' appeals of county, city, or town objections under RCW 76.09.050(7).
Forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180.
Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW, to issue a stop work order, to issue a notice to comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.
Decisions of the department of natural resources that are reviewable under RCW 78.44.270.
Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.
Decisions of the department of ecology that are appealable under RCW 70A.245.020 or section 212 of this act to set recycled minimum postconsumer content for products or to temporarily exclude types of products in plastic containers from minimum postconsumer recycled content requirements.
Orders by the department of ecology under RCW 70A.455.080.
The following hearings shall not be conducted by the hearings board:
Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.
Hearings conducted by the department pursuant to RCW 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 70A.15.3110, and 90.44.180.
Appeals of decisions by the department under RCW 90.03.110 and 90.44.220.
Hearings conducted by the department to adopt, modify, or repeal rules.
Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.
Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.65.200, 70A.455.090, sections 124, 212, and 319 of this act, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within 30 days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority 30 days after the date of receipt by the person penalized of the notice imposing the penalty or 30 days after the date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.
A penalty shall become due and payable on the later of:
Thirty days after receipt of the notice imposing the penalty;
Thirty days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made; or
Thirty days after receipt of the notice of decision of the hearings board if the penalty is appealed.
If the amount of any penalty is not paid to the department within 30 days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within 30 days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7), RCW 70A.15.3160, the disposition of which shall be governed by that provision, RCW 70A.245.040 , 70A.245.050, and section 212 of this act, which shall be credited to the recycling enhancement account created in RCW 70A.245.100, RCW 70A.300.090, which shall be credited to the model toxics control operating account created in RCW 70A.305.180, RCW 70A.65.200, which shall be credited to the climate investment account created in RCW 70A.65.250, RCW 90.56.330, which shall be credited to the coastal protection fund created by RCW 90.48.390, RCW 70A.355.070, which shall be credited to the underground storage tank account created by RCW 70A.355.090, and chapter 70A.--- RCW (the new chapter created in section 601 of this act) and section 319 of this act, which shall be credited to the responsible packaging management account created by section 128 of this act.
For the purpose of carrying into effect the provisions of chapter 3, Laws of 2013 according to their true intent or of supplying any deficiency therein, the board may adopt rules not inconsistent with the spirit of chapter 3, Laws of 2013 as are deemed necessary or advisable. Without limiting the generality of the preceding sentence, the board is empowered to adopt rules regarding the following:
The equipment and management of retail outlets and premises where cannabis is produced or processed, and inspection of the retail outlets and premises where cannabis is produced or processed;
The books and records to be created and maintained by licensees, the reports to be made thereon to the board, and inspection of the books and records;
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Methods of producing, processing, and packaging cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products; conditions of sanitation; safe handling requirements; approved pesticides and pesticide testing requirements; and standards of ingredients, quality, and identity of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products produced, processed, packaged, or sold by licensees;
In addition to the packaging requirements adopted by the board by rule under (c)(i) of this subsection or RCW 69.50.345, the postconsumer recycled content requirements of section 209 of this act apply to the packaging of cannabis, usable cannabis, cannabis concentrates, and cannabis-infused products. The board may recommend to the department of ecology changes to the requirements of section 209(1) of this act, consistent with section 209(2) of this act;
Security requirements for retail outlets and premises where cannabis is produced or processed, and safety protocols for licensees and their employees;
Screening, hiring, training, and supervising employees of licensees;
Retail outlet locations and hours of operation;
Labeling requirements and restrictions on advertisement of cannabis, useable cannabis, cannabis concentrates, cannabis health and beauty aids, and cannabis-infused products for sale in retail outlets;
Forms to be used for purposes of this chapter and chapter 69.51A RCW or the rules adopted to implement and enforce these chapters, the terms and conditions to be contained in licenses issued under this chapter and chapter 69.51A RCW, and the qualifications for receiving a license issued under this chapter and chapter 69.51A RCW, including a criminal history record information check. The board may submit any criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The board must require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation;
Application, reinstatement, and renewal fees for licenses issued under this chapter and chapter 69.51A RCW, and fees for anything done or permitted to be done under the rules adopted to implement and enforce this chapter and chapter 69.51A RCW;
The manner of giving and serving notices required by this chapter and chapter 69.51A RCW or rules adopted to implement or enforce these chapters;
Times and periods when, and the manner, methods, and means by which, licensees transport and deliver cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products within the state;
Identification, seizure, confiscation, destruction, or donation to law enforcement for training purposes of all cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, sold, or offered for sale within this state which do not conform in all respects to the standards prescribed by this chapter or chapter 69.51A RCW or the rules adopted to implement and enforce these chapters;
The prohibition of any type of device used in conjunction with a cannabis vapor product and the prohibition of the use of any type of additive, solvent, ingredient, or compound in the production and processing of cannabis products, including cannabis vapor products, when the board determines, following consultation with the department of health or any other authority the board deems appropriate, that the device, additive, solvent, ingredient, or compound may pose a risk to public health or youth access; and
Requirements for processors to submit under oath to the department of health a complete list of all constituent substances and the amount and sources thereof in each cannabis vapor product, including all additives, thickening agents, preservatives, compounds, and any other substance used in the production and processing of each cannabis vapor product.
Rules adopted on retail outlets holding medical cannabis endorsements must be adopted in coordination and consultation with the department.
The board must adopt rules to perfect and expand existing programs for compliance education for licensed cannabis businesses and their employees. The rules must include a voluntary compliance program created in consultation with licensed cannabis businesses and their employees. The voluntary compliance program must include recommendations on abating violations of this chapter and rules adopted under this chapter.
The board, subject to the provisions of this chapter, must adopt rules that establish the procedures and criteria necessary to implement the following:
Licensing of cannabis producers, cannabis processors, and cannabis retailers, including prescribing forms and establishing application, reinstatement, and renewal fees.
Application forms for cannabis producers must request the applicant to state whether the applicant intends to produce cannabis for sale by cannabis retailers holding medical cannabis endorsements and the amount of or percentage of canopy the applicant intends to commit to growing plants determined by the department under RCW 69.50.375 to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products sold to qualifying patients.
The board must reconsider and increase limits on the amount of square feet permitted to be in production on July 24, 2015, and increase the percentage of production space for those cannabis producers who intend to grow plants for cannabis retailers holding medical cannabis endorsements if the cannabis producer designates the increased production space to plants determined by the department under RCW 69.50.375 to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products to be sold to qualifying patients. If current cannabis producers do not use all the increased production space, the board may reopen the license period for new cannabis producer license applicants but only to those cannabis producers who agree to grow plants for cannabis retailers holding medical cannabis endorsements. Priority in licensing must be given to cannabis producer license applicants who have an application pending on July 24, 2015, but who are not yet licensed and then to new cannabis producer license applicants. After January 1, 2017, any reconsideration of the limits on the amount of square feet permitted to be in production to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230;
Determining, in consultation with the office of financial management, the maximum number of retail outlets that may be licensed in each county, taking into consideration:
Population distribution;
Security and safety issues;
The provision of adequate access to licensed sources of cannabis concentrates, useable cannabis, and cannabis-infused products to discourage purchases from the illegal market; and
The number of retail outlets holding medical cannabis endorsements necessary to meet the medical needs of qualifying patients. The board must reconsider and increase the maximum number of retail outlets it established before July 24, 2015, and allow for a new license application period and a greater number of retail outlets to be permitted in order to accommodate the medical needs of qualifying patients and designated providers. After January 1, 2017, any reconsideration of the maximum number of retail outlets needed to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230;
Determining the maximum quantity of cannabis a cannabis producer may have on the premises of a licensed location at any time without violating Washington state law;
Determining the maximum quantities of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products a cannabis processor may have on the premises of a licensed location at any time without violating Washington state law;
Determining the maximum quantities of cannabis concentrates, useable cannabis, and cannabis-infused products a cannabis retailer may have on the premises of a retail outlet at any time without violating Washington state law;
In making the determinations required by this section, the board shall take into consideration:
Security and safety issues;
The provision of adequate access to licensed sources of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products to discourage purchases from the illegal market; and
Economies of scale, and their impact on licensees' ability to both comply with regulatory requirements and undercut illegal market prices;
Except as provided in section 212 of this act and RCW 69.50.342(1)(c)(ii), determining the nature, form, and capacity of all containers to be used by licensees to contain cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products, and their labeling requirements;
In consultation with the department of agriculture and the department, establishing classes of cannabis, cannabis concentrates, useable cannabis, and cannabis infused products according to grade, condition, cannabinoid profile, THC concentration, CBD concentration, or other qualitative measurements deemed appropriate by the board;
Establishing reasonable time, place, and manner restrictions and requirements regarding advertising of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products that are not inconsistent with the provisions of this chapter, taking into consideration:
Federal laws relating to cannabis that are applicable within Washington state;
Minimizing exposure of people under 21 years of age to the advertising;
The inclusion of medically and scientifically accurate information about the health and safety risks posed by cannabis use in the advertising; and
Ensuring that retail outlets with medical cannabis endorsements may advertise themselves as medical retail outlets;
Specifying and regulating the time and periods when, and the manner, methods, and means by which, licensees shall transport and deliver cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products within the state;
In consultation with the department and the department of agriculture, establishing accreditation requirements for testing laboratories used by licensees to demonstrate compliance with standards adopted by the board, and prescribing methods of producing, processing, and packaging cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products; conditions of sanitation; and standards of ingredients, quality, and identity of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, or sold by licensees;
Specifying procedures for identifying, seizing, confiscating, destroying, and donating to law enforcement for training purposes all cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, labeled, or offered for sale in this state that do not conform in all respects to the standards prescribed by this chapter or the rules of the board.
The board, subject to the provisions of this chapter, must adopt rules that establish the procedures and criteria necessary to implement the following:
Licensing of cannabis producers, cannabis processors, and cannabis retailers, including prescribing forms and establishing application, reinstatement, and renewal fees.
Application forms for cannabis producers must request the applicant to state whether the applicant intends to produce cannabis for sale by cannabis retailers holding medical cannabis endorsements and the amount of or percentage of canopy the applicant intends to commit to growing plants determined by the department under RCW 69.50.375 to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products sold to qualifying patients.
The board must reconsider and increase limits on the amount of square feet permitted to be in production on July 24, 2015, and increase the percentage of production space for those cannabis producers who intend to grow plants for cannabis retailers holding medical cannabis endorsements if the cannabis producer designates the increased production space to plants determined by the department under RCW 69.50.375 to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products to be sold to qualifying patients. If current cannabis producers do not use all the increased production space, the board may reopen the license period for new cannabis producer license applicants but only to those cannabis producers who agree to grow plants for cannabis retailers holding medical cannabis endorsements. Priority in licensing must be given to cannabis producer license applicants who have an application pending on July 24, 2015, but who are not yet licensed and then to new cannabis producer license applicants. After January 1, 2017, any reconsideration of the limits on the amount of square feet permitted to be in production to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230;
Determining, in consultation with the office of financial management, the maximum number of retail outlets that may be licensed in each county, taking into consideration:
Population distribution;
Security and safety issues;
The provision of adequate access to licensed sources of cannabis concentrates, useable cannabis, and cannabis-infused products to discourage purchases from the illegal market; and
The number of retail outlets holding medical cannabis endorsements necessary to meet the medical needs of qualifying patients. The board must reconsider and increase the maximum number of retail outlets it established before July 24, 2015, and allow for a new license application period and a greater number of retail outlets to be permitted in order to accommodate the medical needs of qualifying patients and designated providers. After January 1, 2017, any reconsideration of the maximum number of retail outlets needed to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230;
Determining the maximum quantity of cannabis a cannabis producer may have on the premises of a licensed location at any time without violating Washington state law;
Determining the maximum quantities of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products a cannabis processor may have on the premises of a licensed location at any time without violating Washington state law;
Determining the maximum quantities of cannabis concentrates, useable cannabis, and cannabis-infused products a cannabis retailer may have on the premises of a retail outlet at any time without violating Washington state law;
In making the determinations required by this section, the board shall take into consideration:
Security and safety issues;
The provision of adequate access to licensed sources of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products to discourage purchases from the illegal market; and
Economies of scale, and their impact on licensees' ability to both comply with regulatory requirements and undercut illegal market prices;
Except as provided in section 212 of this act and RCW 69.50.342(1)(c)(ii), determining the nature, form, and capacity of all containers to be used by licensees to contain cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products, and their labeling requirements;
In consultation with the department of agriculture and the department, establishing classes of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products according to grade, condition, cannabinoid profile, THC concentration, CBD concentration, or other qualitative measurements deemed appropriate by the board;
Establishing reasonable time, place, and manner restrictions and requirements regarding advertising of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products that are not inconsistent with the provisions of this chapter, taking into consideration:
Federal laws relating to cannabis that are applicable within Washington state;
Minimizing exposure of people under 21 years of age to the advertising;
The inclusion of medically and scientifically accurate information about the health and safety risks posed by cannabis use in the advertising; and
Ensuring that retail outlets with medical cannabis endorsements may advertise themselves as medical retail outlets;
Specifying and regulating the time and periods when, and the manner, methods, and means by which, licensees shall transport and deliver cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products within the state;
In consultation with the department and the department of agriculture, prescribing methods of producing, processing, and packaging cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products; conditions of sanitation; and standards of ingredients, quality, and identity of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, or sold by licensees;
Specifying procedures for identifying, seizing, confiscating, destroying, and donating to law enforcement for training purposes all cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, labeled, or offered for sale in this state that do not conform in all respects to the standards prescribed by this chapter or the rules of the board.
Nothing in this chapter or chapter 70A.--- (the new chapter created in section 602 of this act) or 70A.--- RCW (the new chapter created in section 603 of this act) changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, in accordance with chapter 81.77 RCW.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
Section 504 of this act expires July 1, 2024.
Section 505 of this act takes effect July 1, 2024.