wa-law.org > bill > 2025-26 > HB 2271 > Original Bill
The legislature finds that setting minimum levels of recycled content requirements for a suite of plastic packaging and products is an effective solution to provide both environmental and economic benefits. Minimum recycled content requirements, including those already required under state law for beverage containers, household and personal care product containers, and plastic trash bags, reduce plastic waste and the harmful impacts of fossil fuel extraction used to produce virgin plastic. Such requirements support diversion from landfills as postconsumer plastic materials are kept in use to produce new products. As recycled plastic usage increases, virgin plastic usage decreases along with the significant energy consumption and greenhouse gas emissions associated with its production and extraction from fossil fuels.
The legislature also finds that additional minimum recycled content requirements are needed to further stimulate both recycled plastics economy by increasing and stabilizing demand for recycled resins, strengthening recycled commodity values, and increasing economic growth, opportunity, and jobs creation in the plastics recycling industry. Recycled content standards support stronger community recycling programs by providing a market for recycled content within the state, region, and country. Stronger markets could expand the amount and types of plastics recycled, and can increase public trust in recycling by ensuring collected recyclables are made back into new products through local and domestic manufacturing.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Beverage" means beverages identified in (a) through (f) of this subsection, 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:
Water and flavored water;
Beer or other malt beverages;
Wine;
Distilled spirits;
Mineral water, soda water, and similar carbonated soft drinks; and
Any beverage other than those specified in (a) through (e) of this subsection, except infant formula as defined in 21 U.S.C. Sec. 321(z), medical food as defined in 21 U.S.C. Sec. 360ee(b)(3), or fortified oral nutritional supplements used for persons who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined by the international classification of diseases, 10th revision, or other medical conditions as determined by the department.
"Beverage manufacturing industry" means an association that represents beverage producers.
"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.
4.
"Dairy milk" means a beverage that designates milk as the predominant (first) ingredient in the ingredient list on the container's label.
"De minimis producer" means a producer that:
In their most recent fiscal year introduced less than one ton of PCRC products;
Has a global gross revenue, not including on-premises alcohol sales, for the prior fiscal year of:
Until January 1, 2031, less than $5,000,000; or
Beginning January 1, 2031, less than $5,000,000, as adjusted for inflation. The department must use the consumer price index for urban wage earners to calculate the annual rate of inflation adjustment effective January 1st of each year, beginning January 1, 2031; or
Is an agricultural employer, as defined in RCW 19.30.010, regardless of where the agricultural employer is located, with less than $5,000,000, as adjusted for inflation as described in (b) of this subsection, in gross revenue in Washington from consumer sales of agricultural commodities sold under the brand name of the agricultural employer.
"Department" means the department of ecology.
"Exempted PCRC 2.0 product" means any of the following:
A package or container that is in direct contact with a human food or beverage or with an animal food or beverage;
A product that is associated with a product produced in, or brought into, the state that is destined for shipment to a destination outside the state, and that remains with the product upon shipment;
Packaging that is in direct contact with a prescription human drug, as specified by the United States food and drug administration under the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 321 et seq., Sec. 3.2(e) of the United States Code of Federal Regulations, as it existed as of January 1, 2026;
Packaging in direct contact with drugs that are used for animal medicines including, but not limited to, parasitic products for animals;
Packaging in direct contact with products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or administered to, animals under the federal food, drug, and cosmetic act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)), the federal virus-serum-toxin act (21 U.S.C. Sec. 151 et seq.), or the federal insecticide, fungicide, and rodenticide act (7 U.S.C. Sec. 136 et seq.), as those laws existed as of January 1, 2026;
Packaging in direct contact with infant formula, as defined in section 321 of Title 21 of the United States Code, as it existed as of January 1, 2026;
Packaging in direct contact with medical food, as defined in section 360ee of Title 21 of the United States Code, as it existed as of January 1, 2026;
Packaging in direct contact with fortified oral nutritional supplements used for persons who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined by the international classification of diseases, 10th revision, or other medical conditions as determined by the department;
A shipping product manufactured for use in direct contact with hazardous materials and that is any of the following:
Prohibited from being manufactured with used material by federal packaging material specifications set forth in section 178.509 or 178.522 of Title 49 of the Code of Federal Regulations, as it existed as of January 1, 2026;
Subject to the testing standards set forth in subpart M (commencing with section 178.600) of part 178 of subchapter C of chapter I of subtitle B of Title 49 of the Code of Federal Regulations, as it existed as of January 1, 2026; or
Subject to the recommendations of the United Nations recommendations on the transport of dangerous goods, 24th revised edition, as it existed as of January 1, 2026;
Containment packaging used in direct contact with hazardous or flammable products classified by the federal occupational safety and health administration hazard communication standard in section 1910.1200 of Title 29 of the Code of Federal Regulations, as it existed as of January 1, 2026;
A bag that is designed and manufactured to hold, store, or transport in direct contact with hazardous waste or regulated medical waste. For the purposes of this subsection, "hazardous waste" means any solid waste defined as hazardous waste by the department; and
Containers considered compostable pursuant to RCW 70A.455.040.
"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 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.
"Household cleaning and personal care product" means any of the following:
Laundry detergents, softeners, and stain removers;
Household cleaning products;
Liquid soap;
Shampoo, conditioner, styling sprays and gels, and other hair care products; or
Lotion, moisturizer, facial toner, and other skin care products.
"Oral nutritional supplement" means a manufactured liquid, powder capable of being reconstituted, or solid product that contains a combination of carbohydrates, proteins, fats, fiber, vitamins, and minerals intended to supplement a portion of a patient's nutrition intake.
"Packaging" means a material, substance, or object that is used to protect, contain, transport, serve, or facilitate delivery of a product and is sold or supplied with the product to the consumer.
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"PCRC product" means a PCRC 1.0 or PCRC 2.0 product.
"PCRC product" does not include any type of container or bag for which the state is preempted from regulating content of the container material or bag material under federal law.
"PCRC 1.0 product" means a product in one of the following categories subject to minimum postconsumer recycled content requirements:
Plastic trash bags;
Plastic containers that hold household cleaning and personal care products; and
Plastic beverage containers.
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"PCRC 2.0 product" means:
(A) Has a minimum capacity of two fluid ounces or its equivalent volume;
(B) Is capable of maintaining its shape when empty;
(C) Is comprised primarily of one or multiple plastic resins; and
(D) Is not used in a direct food contact application subject to a federal food and drug administration condition of use nonobjection letter;
ii. The following rigid plastic products, comprised primarily of one or multiple plastic resins, when not manufactured for use in a direct food contact application subject to a federal food and drug administration condition of use nonobjection letter:
(A) Buckets and pails;
(B) Household storage and organization containers and lids;
(C) Waste containers and lids, other than roll carts, designed for indoor or outdoor use to hold discarded household materials including trash, recycling, or compost;
(D) Nursery pots or trays;
(E) Bulk shipping or storage containers;
(F) Household cleaning tools;
(G) Indoor and outdoor furniture; and
(H) Roll carts used by solid waste collection services for trash, recycling, compostables, or other discarded household materials; and
iii. Film plastic products or packaging for use in any of the following, when not used in a direct food contact application subject to a federal food and drug administration condition of use nonobjection letter:
(A) All polyethylene film packaging used for toilet paper or paper towels;
(B) Collation open-ended or multiunit shrink film, other than stretch film or pallet wrap, used for bundling products together for sale; and
(C) A heavy-duty sack used to package lawn and garden products for residential or commercial uses including soil, mulch, soil amendments, sand, compost, or bark.
b. "PCRC 2.0 product" does not include:
i. Exempted PCRC 2.0 products; and
ii. Any PCRC 1.0 products that are also described in (a)(i), (ii), or (iii) of this subsection.
"Plastic beverage container" means a bottle or other rigid container other than a cup that is hermetically sealed or made airtight with a metal or plastic cap, capable of maintaining its shape when empty, and comprised solely of one or multiple plastic resins designed to contain a beverage. Plastic beverage container does not include:
Refillable 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, nonprescription and prescription drugs, or dietary supplements as defined in RCW 82.08.0293;
Bladders or pouches that contain wine; or
Liners, caps, corks, closures, labels, and other items added externally or internally but otherwise separate from the structure of the bottle or container.
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"Plastic household cleaning and personal care product container" means a bottle, jug, or other rigid container and:
A minimum capacity of two 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:
Refillable 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; and
Rigid plastic containers or plastic bottles that are medical devices, medical products that are required to be sterile, and nonprescription and prescription drugs, dietary supplements as defined in RCW 82.08.0293, and packaging used for those products.
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"Plastic trash bag" means a bag that is :
Made of noncompostable plastic;
Of the minimum thickness specified in RCW 70A.245.060(3); and
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; or
Any reusable plastic carryout bag meeting the requirements of RCW 70A.530.020(6)(b).
"Postconsumer recycled content" means the content of a 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 PCRC product sold, offered for sale, or distributed in or into this state:
i.
For plastic trash bags specified in subsection (19) of this section, for PCRC 2.0 products that are rigid plastic products specified in subsection (16)(a)(ii) of this section, and for PCRC 2.0 products that are film plastic products specified in subsection (16)(a)(iii) of this section:
(A) If the product is sold under the manufacturer's own brand, the producer is the person that manufactures the product;
(B) If there is no person to which (a)(i)(A) of this subsection applies, the producer is the person that is the owner or licensee of a brand or trademark under which the 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;
(C) If there is no person to which (a)(i)(A) or (B) of this subsection applies, the producer is the brand owner of the product;
(D) If there is no person described in (a)(i)(A), (B), or (C) of this subsection within the United States, the producer is the person that imports the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the product in this state; or
(E) If there is no person described in (a)(i)(A) through (D) of this subsection, the producer is the person that first distributes the product in or into this state;
ii. For beverages that use plastic beverage containers, household cleaning and personal care products that use plastic household cleaning and personal care product containers, and for PCRC 2.0 products that are rigid plastic containers specified in subsection (16)(a)(i) of this section or products that use film plastic as packaging as specified in subsection (16)(a)(iii) of this section:
(A) If the item is sold in or with packaging under the brand of the item manufacturer or is sold in packaging that lacks identification of a brand, the producer is the person that manufactures the item;
(B) If there is no person to which (a)(ii)(A) of this subsection applies, the producer is the person that is licensed to manufacture and sell or offer for sale to consumers in this state an item with packaging under the brand or trademark of another manufacturer or person;
(C) If there is no person to which (a)(ii)(A) or (B) of this subsection applies, the producer is the brand owner of the item;
(D) If there is no person described in (a)(ii)(A), (B), or (C) of this subsection within the United States, the producer is the person who is the importer of record for the item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state; or
(E) If there is no person described in (a)(ii)(A) through (D) of this subsection, the producer is the person that first distributes the item in or into this state;
iii. For purposes of postconsumer recycled content requirements applicable to PCRC products, such as rigid plastic containers or polyethylene film packaging used for toilet paper or paper towels, that are initially introduced in Washington as a product and that are intended for use as packaging for another product, the producer responsible under this chapter is the producer of the product for which the plastic container, rigid plastic container, polyethylene film packaging, or other PCRC product is used as packaging.
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
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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.
Each producer must meet the following postconsumer recycled content requirements for PCRC 2.0 products, on average for the total quantity of PCRC 2.0 products, by weight, that are sold, offered for sale, or distributed in or into Washington:
For packaging that is a rigid plastic container specified in RCW 70A.245.010(16)(a)(i) manufactured on and after January 1, 2029, and for PCRC 2.0 rigid plastic products specified in RCW 70A.245.010(16)(a)(ii) other than roll carts, no less than 30 percent postconsumer recycled content plastic by weight;
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For roll carts manufactured on and after January 1, 2029, no less than 10 percent postconsumer recycled content plastic by weight;
For roll carts manufactured on and after January 1, 2031, no less than 30 percent postconsumer recycled content plastic by weight;
For all film plastics specified in RCW 70A.245.010(16)(a)(iii) manufactured on and after January 1, 2029, no less than 10 percent postconsumer recycled content plastic by weight.
For each pound of postconsumer polyethylene terephthalate resin purchased from a source in North America, as determined and verified in a manner determined by the department, for use in the manufacture of PCRC products with recycled plastic postconsumer material in compliance with this chapter, the department shall credit the certifying producer of a PCRC product with having used 1.5 pounds of postconsumer polyethylene terephthalate resin towards the requirements of subsection (1) of this section.
A producer that does not achieve the postconsumer recycled content requirements established under this section is subject to penalties established in RCW 70A.245.040.
The department must:
Prepare an annual workload analysis by January 31st of each year for public comment that identifies the annual costs it expects to incur to implement, administer, and enforce requirements under this chapter related to the postconsumer recycled content of PCRC products, including rule making, in the next fiscal year for each category of PCRC products;
Determine a total annual fee payment by producers or their third-party representatives for each category of PCRC products that is adequate to cover, but not exceed, the workload identified in (a) of this subsection;
Until rules are adopted under (d) of this subsection, issue a general order to all entities falling within the definition of producer. The department must equitably determine fee amounts for an individual producer or third-party representatives within each category of PCRC product;
Adopt rules to equitably determine annual fee payments by producers or third-party representatives of producers within each category of PCRC product. Once such rules are adopted, the general order issued under (c) of this subsection is no longer effective; and
Send notice to producers or their third-party representatives of fee amounts due consistent with either the general order issued under (c) of this subsection or rules adopted under (d) of this subsection.
The department must:
Apply any remaining annual payment funds from the current year to the annual payment for the coming year, if the collected annual payment exceeds the department's costs for a given year; and
Increase annual payments for the coming year to cover the department's costs, if the collected annual payment was less than the department's costs for a given year.
By May 1st of each year, a fee payment must be submitted as determined by the department under subsection (1)(b) of this section by producers or their third-party representatives.
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Beginning January 1, 2023, producers that offer for sale, sell, or distribute in or into Washington:
Beverages other than wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers must meet minimum postconsumer recycled content requirements established under subsection (3) of this section; and
Plastic trash bags must meet minimum postconsumer recycled content requirements established under subsection (5) of this section.
Beginning January 1, 2025, producers that offer for sale, sell, or distribute in or into Washington household cleaning and personal care products in plastic household cleaning and personal care product containers must meet minimum postconsumer recycled content as required under subsection (4) of this section.
Beginning January 1, 2028, producers that offer for sale, sell, or distribute in or into Washington wine in 187 milliliter plastic beverage containers or dairy milk in plastic beverage containers must meet minimum postconsumer recycled content as required under subsection (3) of this section.
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On or before April 1, 2022, and annually thereafter, a producer that offers for sale, sells, or distributes in or into Washington PCRC products must register with the department individually or through a third-party representative registering on behalf of a group of producers. A producer of PCRC 2.0 products must register with the department individually or through a third-party representative registering on behalf of producers.
De minimis producers must register and report in the same manner as producers that are not de minimis.
The registration information submitted to the department under this section must include a list of the producers of PCRC products and the brand names of the PCRC products represented in the registration submittal. Registration information may be submitted at the same time as the information submitted through the annual reporting required under RCW 70A.245.030.
3.
A producer of a beverage in a plastic beverage container must meet the following annual minimum postconsumer recycled content 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:
a. For plastic beveragecontainers except those that contain wine in 187 milliliter plastic beverage containers and dairy milk:
i. Products manufactured on and after January 1, 2023, through December 31, 2025: No less than 15 percent postconsumer recycled content plastic by weight;
ii. Products manufactured on and after January 1, 2026, through December 31, 2030: No less than 25 percent postconsumer recycled content plastic by weight; and
iii. Products manufactured on and after January 1, 2031: No less than 50 percent postconsumer recycled content plastic by weight.
b. For wine in 187 milliliter plastic beverage containers and dairy milk:
i. Products manufactured on and after January 1, 2028, through December 31, 2030: No less than 15 percent postconsumer recycled content plastic by weight;
ii. Products manufactured on and after January 1, 2031, through December 31, 2035: No less than 25 percent postconsumer recycled content plastic by weight; and
iii. Products manufactured on and after January 1, 2036: No less than 50 percent postconsumer recycled content plastic by weight.
A producer of household cleaning and personal care products 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:
Products manufactured on and after January 1, 2025, through December 31, 2027: No less than 15 percent postconsumer recycled content plastic by weight;
Products manufactured on and after January 1, 2028, through December 31, 2030: No less than 25 percent postconsumer recycled content plastic by weight; and
Products manufactured 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:
Products manufactured on and after January 1, 2023, through December 31, 2024: No less than 10 percent postconsumer recycled content plastic by weight;
Products manufactured on and after January 1, 2025, through December 31, 2026: No less than 15 percent postconsumer recycled content plastic by weight; and
Products manufactured on and after January 1, 2027: No less than 20 percent postconsumer recycled content plastic by weight.
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Beginning January 1, 2024, or when rule making is complete, whichever is sooner, the department may, on an annual basis on January 1st, review and determine , applicable to the PCRC program compliance year under this section beginning 24 months from that January 1st, whether to adjust the minimum postconsumer recycled content percentage required for a type of container or product or category of PCRC products . The department's review may be initiated by the department or at the petition of a producer or a PCRC product manufacturing industry not more than once annually. When submitting a petition, producers or a producer 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 , 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 postconsumer recycled content 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. 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 section.
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 (3), (4), or (5) of this section.
For plastic household cleaning and personal care product containers, 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 (4) of this section or below a minimum of 10 percent.
For plastic trash bags, 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 (5) of this section or below the minimum percentage required in subsection (5)(a) of this section.
A producer or the manufacturing industry for a PCRC product may appeal a decision by the department to adjust postconsumer recycled content percentages under (a) of this subsection or to temporarily exclude PCRC products from minimum postconsumer recycled content requirements under subsection (7) of this section to the pollution control hearings board within 30 days of the department's determination.
The department must temporarily exclude from minimum postconsumer recycled content requirements for the upcoming year any types of PCRC products for which a producer annually demonstrates to the department by September 31st of a given year that the achievement of postconsumer recycled content requirements is not technically feasible in order to comply with health or safety requirements of federal law, including the federal laws specified in subsection (6)(b)(v) of this section. A producer must continue to register and report consistent with the requirements of this chapter for PCRC products temporarily excluded from minimum postconsumer recycled content requirements under this subsection. Any exclusion for the plastic container for a household cleaning and personal care product regulated under 7 U.S.C. Sec. 136 et seq. must be granted for a period of four years from the date of department approval.
A producer that does not achieve the postconsumer recycled content requirements established under this section 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 PCRC products that are subject to minimum postconsumer recycled content requirements under 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 PCRC products purchased by a city, town, or municipal corporation, or its contractor.
The department may enter into contracts for the services required to implement this chapter and related duties of the department.
In-state distributors, wholesalers, and retailers in possession of PCRC products manufactured before the date that postconsumer recycled content requirements become effective may exhaust their existing stock through sales to the public.
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b.
Each producer must report the amount, in pounds, of virgin plastic by resin type, and the amount, in pounds, of postconsumer recycled content by resin type used and the source, by country of origin, for each covered product category of PCRC products that is sold, offered for sale, or distributed in or into Washington, including the total postconsumer recycled content resins as a percentage of total plastic weight. These requirements apply beginning March 1st of the year following the first calendar year that minimum postconsumer recycled content requirements apply to a PCRC product.
c. The department must post the information reported under this subsection on its website, except as provided in subsection (4) of this section.
On and after January 1, 2030, a producer of PCRC products shall include, as part of its annual registration under this chapter, proof of third-party certification of the postconsumer recycled content.
The third-party certification shall be completed by an independent, accredited (ISO/IEC 17065) certifying body as required by the international organization for standardization. A producer that is a retail establishment may rely on a third-party certification provided to it by the manufacturer or supplier of the PCRC product for purposes of this subsection.
The third-party certification shall be provided to the department under penalty of perjury.
A producer that is required to comply with this subsection (2) may be audited by the department or an independent third party contracted by the department.
Except as provided in subsection (4) of this section, the department must post the information reported by producers under this section on its internet website.
A producer 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, 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 producer that does not meet the minimum postconsumer recycled content requirements for PCRC products pursuant to RCW 70A.245.020 or section 3 of this act is subject to a penalty pursuant to this section. Beginning June 1st of the year following the first year that minimum postconsumer recycled product content requirements apply to a category of PCRC product, the penalty must be calculated consistent with subsection (2) of this section unless a penalty reduction or corrective action plan has been approved pursuant to subsection (3) of this section.
A producer that is assessed a penalty pursuant to this section may pay the penalty to the department in one payment, in quarterly installments, or arrange an alternative payment schedule subject to the approval of the department, not to exceed a 12-month payment schedule unless the department determines an extension is needed due to unforeseen circumstances, such as a public health emergency, state of emergency, or natural disaster.
The department must waive any penalty owed under this section that amounts to less than $100.
Beginning June 1st of the year following the first year that minimum postconsumer recycled product content requirements apply to a category of PCRC product, and annually thereafter, the department shall determine the penalty for the previous calendar year based on the postconsumer recycled content requirement of the previous calendar year. The department shall calculate the amount of the penalty based upon the amounts in pounds in the aggregate of virgin plastic, postconsumer recycled content plastic, and any other plastic per category used by the producer to produce PCRC products sold or offered for sale in or into Washington state, in accordance with the following:
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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 postconsumer recycled plastic target percentage, less the pounds of total plastic multiplied by the percent of postconsumer recycled plastic used; multiplied by 40 cents.
Example: [(Total pounds of plastic used x minimum postconsumer recycled plastic target percentage) – (Total pounds of plastic used x postconsumer recycled plastic percentage used)] x 40 cents.
For the purposes of (a) of this subsection, both of the following apply:
The total pounds of plastic used must equal the sum of the amount of virgin plastic, postconsumer recycled content plastic, and any other plastic used by the producer, as reported pursuant to RCW 70A.245.030.
If the product calculated pursuant to (a) of this subsection is equal to or less than zero, the department may not assess a penalty.
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The department shall consider granting a reduction of penalties assessed pursuant to this section for the purpose of meeting the minimum postconsumer recycled content requirements .
In determining whether to grant the reduction pursuant to (a)(i) of this subsection, the department shall consider, at a minimum, all of the following factors:
(A) Anomalous market conditions;
(B) Disruption in, or lack of supply of, recycled plastics; and
(C) Other factors that have prevented a producer from meeting the requirements.
b. In lieu of or in addition to assessing a penalty under this section, the department may require a producer to submit a corrective action plan detailing how the producer plans to come into compliance with the minimum postconsumer recycled content requirements of this chapter.
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 PCRC product or the container of a PCRC product.
A producer shall pay the penalty assessed pursuant to this section, as applicable, based on the information reported to the department as required under RCW 70A.245.030 in the form and manner prescribed by the department.
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.
For producers out of compliance with the registration, reporting, or labeling requirements related to minimum postconsumer recycled content requirements under this chapter, the department shall provide written notification and offer information to producers or, as appropriate, a producer responsibility organization. For the purposes of this section, written notification serves as notice of the violation. The department must issue at least two notices of violation by certified mail prior to assessing a penalty under subsection (2) of this section.
A producer in violation of the registration, reporting, or labeling requirements related to minimum postconsumer recycled content requirements under this chapter is subject to a civil penalty for each day of violation in an amount not to exceed $1,000.
Penalties collected under this section must be deposited in the recycling enhancement account created in RCW 70A.245.100.
Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
The department may conduct audits and investigations, or require a producer to provide third-party verification, for the purpose of ensuring compliance with the postconsumer recycled content requirements of this chapter applicable to PCRC products.
The department shall annually publish a list of registered producers of PCRC products and associated brand names, their compliance status, and other information the department deems appropriate on the department's website.
To assist regulated parties with the requirements specified under RCW 70A.245.070 and 70A.245.080, the department:
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;
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 department may adopt rules as necessary to administer, implement, and enforce this chapter.
The department may require producers or their third-party representatives to use acceptable and certified methods by reputable organizations for purposes of ensuring compliance by producers with the requirements of RCW 70A.245.030, 70A.245.040, and section 3 of this act. The department may require that appropriate independent, third-party certifications be included in annual reports submitted to the department under RCW 70A.245.030. The certification shall include documentation that the calculation of the postconsumer recycled content of the plastic in a product category does not include use of credits from conversion of plastic into chemicals, fuel, or energy.
Subject to the availability of amounts appropriated for this specific purpose prior to January 1, 2032, 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 PCRC products pursuant to this chapter; 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, 2033.
This section expires July 1, 2033.
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, beginning January 1, 2027, the percentage of postconsumer recycled content that the plastic trash bag contains in accordance with 16 C.F.R. Part 260, as it existed as of the effective date of this section; 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.
A plastic trash bag is subject to minimum postconsumer recycled content requirements under this chapter if it has a thickness that exceeds the lower of either:
0.70 mils; or
A mil thickness adopted by the department by rule that is sufficient to prevent widespread evasion of the postconsumer recycled content requirements of this chapter through redesign of products that reduce plastic trash bag thickness.
A plastic trash bag producer must submit to the department a certificate of compliance within one year of the beginning of postconsumer recycled content requirements applicable to a plastic trash bag, conducted by a third-party certification entity, stating that a plastic trash bag is in compliance with the labeling requirements of subsection (1) of this section and the postconsumer recycled content requirements of RCW 70.245.020. A producer that is a retail establishment may rely on a third-party certification provided to it by the manufacturer or supplier of the plastic trash bag for purposes of this subsection.
On or after October 1, 2037, and every 10 years thereafter, the department shall be required to conduct a market study to evaluate the postconsumer recycled content requirements established in this chapter for PCRC products for the purposes of identifying opportunities for continuous improvement including rate adjustments, supply of recycled plastic materials, and expanded product categories.
On or after January 1, 2033, and five years thereafter, the department shall prepare and submit a report to the governor and to the appropriate committees of the house of representatives and the senate, assessing the implementation of this chapter's postconsumer recycled content requirement, evaluating the effectiveness of postconsumer recycled content requirements in stimulating the recycling markets in the state, and making any recommendations for legislative or administrative action necessary to further the purposes of this chapter, including recommendations for whether and how the state should encourage, require, or support other uses of recycled material.
(1) 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:
Beginning April 1, 2029, the department must establish a specification development process for reviewing the scope of plastic products purchased and opportunities for maximizing postconsumer recycled content within such products. The department shall be required to report revised procurement specifications for plastic products containing postconsumer recycled content, as applicable, to the department of ecology.
Beginning April 1, 2030, and to the extent practicable, all state agencies may only purchase the following PCRC products of producers that comply with the minimum postconsumer recycled content requirements established in chapter 70A.245 RCW:
A plastic bucket or pail;
A household storage container;
A trash bin;
Nursery packaging;
A roll cart used for trash, recycling, or other discarded household materials;
A tray;
Secondary packaging, such as a crate, tote, drum, or gaylord box; and
Trash bags.
The department shall publish a list of the producers that comply with the minimum recycled content requirements established in chapter 70A.245 RCW, in order for state agencies to purchase compliant products.
For purposes of this section, "producer" and "PCRC product" have the same meaning as in chapter 70A.245 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.