wa-law.org > bill > 2025-26 > HB 2233 > Original Bill
State policy has long placed waste reduction as the highest priority in the collection, handling, and management of solid waste. Reducing plastic bag waste holds particular importance among state waste reduction efforts for a number of reasons:
Single-use plastic carryout bags are made of nonrenewable resources and never biodegrade; instead, over time, they break down into tiny particles. Single-use plastic carryout bags, and the particles they break into, are carried into rivers, lakes, Puget Sound, and the world's oceans, posing a threat to animal life and the food chain;
Plastic bags are one of the most commonly found items that litter state roads, beaches, and other public spaces; and
Even when plastic bags avoid the common fate of becoming litter, they are a drain on public resources and a burden on environment and resource conservation goals. For example, if plastic bags are disposed of in commingled recycling systems rather than as garbage or in retailer drop-off programs, they clog processing and sorting machinery, resulting in missorted materials and costly inefficiencies that are ultimately borne by utility ratepayers. Likewise, when green or brown-tinted plastic bags confuse consumers into attempting to dispose of them as compost, the resultant plastic contamination undercuts the ability to use the compost in gardens, farms, landscaping, and surface water and transportation projects.
Alternatives to single-use plastic carryout bags are convenient, functional, widely available, and measure as superior across most environmental performance metrics. Alternatives to single-use plastic carryout bags feature especially superior environmental performance with respect to litter and marine debris, since plastic bags do not biodegrade.
As of 2020, many local governments in Washington have shown leadership in regulating the use of single-use plastic carryout bags. This local leadership has shown the value of establishing state standards that will streamline regulatory inconsistency and reduce burdens on covered retailers caused by a patchwork of inconsistent local requirements across the state.
Data provided from grocery retailers has shown that requests for paper bags have skyrocketed where plastic bag bans have been implemented. To accommodate the anticipated consequences of a statewide plastic bag ban, it is rational to expect additional capacity will be needed in Washington state for manufacturing paper bags. The legislature intends to provide that capacity by prioritizing and expediting siting and permitting of expansions or reconfiguring for paper manufacturing.
Therefore, in order to reduce waste, litter, and marine pollution, conserve resources, and protect fish and wildlife, it is the intent of the legislature to:
Prohibit the use of carryout bags made of film plastic;
Require a pass-through charge on compliant paper carryout bags to encourage shoppers to bring their own reusable carryout bags, except when the recipient is a person using a state-administered assistance support program voucher or electronic benefits transfer card;
Require that bags provided by a retail establishment contain recycled content or derive from nonwood renewable fiber; and
Encourage the provision of reusable and compliant paper carryout bags by retail establishments.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
Beginning January 1, 2021, except as provided in this section and RCW 70A.530.030, a manufacturer or distributor may not introduce to a retail establishment in Washington, and a retail establishment may not provide to a customer or a person at an event:
A single-use plastic carryout bag or a reusable carryout bag made of film plastic; or
A paper carryout bag that does not meet the requirements of subsection (5)(a) of this section
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b.A retail establishment must collect a pass-through charge of 20 cents for every compliant paper carryout bag with a manufacturer's stated capacity of one-eighth barrel (882 cubic inches) or greater it provides
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c. A retail establishment must keep all revenue from pass-through charges. The pass-through charge is a taxable retail sale. A retail establishment must show all pass-through charges on a receipt provided to the customer.
d. A retail establishment that uses a third-party platform must list on that third-party platform the applicable pass-through charges associated with each customer order, and must collect the pass-through charge from the customer through the third-party platform for carryout bags provided to the customer that are subject to the pass-through charge.
Carryout bags do not include:
Handleless bags used by consumers inside stores or by retail establishments within a carryout bag to be delivered to a consumer or picked up by a consumer to:
Package bulk items, such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items such as nails, bolts, or screws;
Contain or wrap items where dampness or sanitation might be a problem including, but not limited to:
(A) Frozen foods;
(B) Meat;
(C) Fish;
(D) Flowers; and
(E) Potted plants;
iii. Contain unwrapped prepared foods or bakery goods;
iv. Contain prescription drugs; or
v. Protect a purchased item from damaging or contaminating other purchased items when placed in a compliant paper carryout bag or reusable carryout bag; or
b. Newspaper bags, mailing pouches, sealed envelopes, door hanger bags, laundry/dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, or pet waste.
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Any compostable film bag that a retail establishment provides to customers for products, including for products bagged in stores prior to checkout, must meet the requirements for compostable products and film bags in chapter 70A.455 RCW.
A retail establishment may not use or provide polyethylene or other noncompostable plastic bags for bagging of customer products in stores that do not meet the requirements for noncompostable products and film bags in chapter 70A.455 RCW.
5.
For the purposes of this section:
a. A compliant paper carryout bag must:
i. Contain a minimum of 40 percent postconsumer recycled materials, a minimum of 40 percent nonwood renewable fiber, or a combination of postconsumer recycled materials and nonwood renewable fiber that totals at least 40 percent;
ii. Be capable of composting, consistent with the timeline and specifications of the entire American society of testing materials D6868 or D8410 and associated test methods that must be met, as it existed as of January 1, 2020; and
iii. Display in print on the exterior of the paper bag the minimum percentage of postconsumer content, wheat straw fiber content, or both.
b. A reusable carryout bag must:
i. Have a minimum lifetime of 125 uses, which for purposes of this subsection means the capacity to carry a minimum of 22 pounds 125 times over a distance of at least 175 feet; and
ii. Be machine washable or made from a durable material that may be cleaned or disinfected
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c. Except for the purposes of subsection (4) of this section, food banks and other food assistance programs are not retail establishments, but are encouraged to take actions to reduce the use of carryout bags made of film plastic.
Except as provided in subsection (2) of this section, it is a violation of RCW 70A.530.020 for any retail establishment to pay, fail to collect, or otherwise reimburse a customer for any portion of the pass-through charge.
A retail establishmentis prohibited from collecting a pass-through charge and any remaining difference between the pass-through charge and the establishment's customary price for a paper carryout bag from anyone using, for part or all of a transaction, a voucher or electronic benefits card issued through the women, infants, and children (WIC) program or state administered cash and food assistance support programs authorized under Title 74 RCW.
1.
The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
The enforcement of this chapter must be based primarily on complaints filed with the department and local governments. The department must establish a forum for the filing of complaints. Local governments and any person may file complaints with the department using the forum and local governments may review complaints filed with the department via the forum for purposes of the local government carrying out education and outreach to retail establishments. The forum established by the department may include a complaint form on the department's website, a telephone hotline, or a public outreach strategy relying upon electronic social media to receive complaints that allege violations. The department, in collaboration with the local governments, must provide education and outreach activities to inform retail establishments, consumers, and other interested individuals about the requirements of this chapter.
The department or local government shall work with retail establishments, retail associations, unions, and other organizations to create educational elements regarding the ban and the benefits of reusable carryout bags. Educational elements may include signage at store locations, informational literature, and employee training .
Retail establishments are encouraged to educate their staff to promote reusable bags as the best option for carryout bags and to post signs encouraging customers to use reusable carryout bags.
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A violation of this chapter by a retail establishment is subject to a civil penalty of up to $250.
A violation of this chapter by a manufacturer or distributor of a carryout bag that does not meet the requirements of this chapter is subject to a civil penalty 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 violations of this chapter.
Each calendar day of operation or activity in violation of this chapter comprises a new violation.
Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
A city, town, county, or municipal corporation may not implement a local carryout bag ordinance. Any carryout bag ordinance that was enacted as of April 1, 2020, is preempted by this chapter.
This act takes effect January 1, 2028.