SB 5697 — Renewing Washington's recycling system and reducing waste.

136 et seq.

(16) "Paper" means a covered product made of paper fiber, regardless of its cellulosic fiber source, which may include, but is not limited to:

(17)(16) "Paper product" means paper sold and supplied including, but not limited to, flyers, brochures, booklets, catalogs, newspapers, magazines, copy paper, printing paper, and all other paper materials except for:

(18)(17) "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.

(19)(18) "Postconsumer recycled content" means the content of a covered 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.

p.(19)(a) "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:

5(i) SSBIf 5697the (20)(a)covered "Producer"product meansis thesold followingunder personthe responsiblemanufacturer's forown compliancebrand withor requirementslacks underidentification thisof chapter for a coveredbrand, productthe sold,producer offeredis forthe sale,person orwho distributedmanufactures inthe orcovered intoproduct; this state:

(i)(ii) ForIf itemsthe soldcovered inproduct packagingis atmanufactured by a physicalperson retailother locationthan the brand holder, the producer is the person who is the licensee of a brand or trademark under which a covered product is sold, offered for sale, or distributed in or into this state:state, whether or not the trademark is registered in this state, unless the manufacturer or brand holder of the covered product has agreed to accept responsibility under this chapter;

(A)or (iii) If thethere item is soldno inperson packagingdescribed under the manufacturer's own brand or is sold in packaging(a)(i) thatand lacks(ii) identification of athis brand,subsection theover producerwhom of the packagingstate iscan theconstitutionally personexercise thatp. manufactures the packaged item;

(B)5 IfSB the5697 itemjurisdiction, is manufactured by a person other than the brand owner, the producer of the packaging is the person thatwho isimports the licensee of a brand or trademarkdistributes underthe whichcovered aproduct packaged item is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state,state. whether or not the trademark is registered in this state;

or (C) If there is no person described in (a)(i)(A) or (B) of this subsection within the United States, the producer of the packaging is the person who imports the packaged item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state.

(ii) For items 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 item is the same as the producer for purposes of (a)(i) of this subsection.

(B) The producer of packaging used to ship the item to a consumer is the person that packages and ships the item 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 item 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 p.

6 SSB 5697 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 item in this state.

(21)(20) "Producer responsibility organization" means:

(22)(21) "Program" means the activities conducted to implement an approved producer responsibility organization plan.

(23)(a)(22)(a) "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 unrestricted 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.

(b) "Public place" does not include industrial, commercial, or privately owned property.

(23) "Recyclable" means a covered product that is regularly 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.

76 SSBSB 5697 (b)(24)(a) "Public"Recycled place"material" doesmeans notmaterial includederived afrom retailcovered establishmentproducts that is reprocessed into products or industrial,delivered commercial,as feedstocks or privatelycommodities ownedfor property.use in the production of new products whether for the original or another purpose.

(24) "Recyclable" means a covered product that is regularly 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.

(25)(a) "Recycled material" means material derived from covered products that is reprocessed into products or delivered as feedstocks or commodities for use in the production of new products whether for the original or another purpose.

(26)(25) "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 benefits the environment and minimizes risks to public health and worker health and safety.

(27)(26) "Retail"Reusable" establishment"means includesa anycovered person,product corporation,that partnership,is business,sufficiently facility,durable vendor,for organization,multiple rotations of its original or individualsimilar purpose or function in a system of reuse, and that sellsdoes ornot providescontain merchandise,harmful goods,chemical, physical, biological, or materialsradiological directlysubstances tothat will pose a customer.threat to human health or the environment for its intended or likely manner of use.

(28)(27) "Reusable""Reused material" means amaterial covered product that is sufficientlycollected durableafter foruse multipleand rotationsreused offor its original or similar purpose or functionfunction. in a system of reuse, 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.

(29)(28) "Reused"Rigid material"plastic" means materialany thatcovered isproduct collectedmade afterof usepolymers andthat reusedis forrigid its original or similarsemirigid purposein orform, function.including foams.

(30)(29) "Rigid"Socially plastic"just management" means anypractices coveredthat: product made of polymers that is rigid or semirigid in form, including foams.

(31) "Socially just management" means practices that:

(b) Prevent or,or if not preventable, reduce environmental harms or risks;

and p.(c) Prevent or mitigate impacts to overburdened communities or vulnerable populations as defined in RCW 70A.02.010.

8(30) SSB"Steel" 5697means (c)any Preventcovered or,product ifmade notof preventable,a mitigateferrous impactsmetal tosubstance. overburdened communities or vulnerable populations as defined in RCW 70A.02.010.

(32)(31) "Steel""Toxic meanssubstance" anyincludes coveredchemicals productor madeclasses of achemicals ferrousrestricted metalin: substance.

NEW(a) SECTION.Children's products under chapter 70A.430 RCW and high priority chemicals of high concern for children in chapter 173-334 WAC;

(b) Persistent bioaccumulative toxins listed in chapter 173-333 WAC;

or (c) Consumer products under chapter 70A.222, 70A.230, 70A.335, 70A.340, 70A.350, 70A.400, or 70A.405 RCW.

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7 SB 5697 NEW SECTION.

(1)(a)(1) Beginning January 15, 2023, each producer that offers for sale, sells, or distributes in or into Washington covered products must join a producer responsibility organization that is registered with the department.

(b)(2) A producer isresponsibility organization that meets the definition under section 2(20) (a) or (b) of this act may not requiredinclude toon joinits aboard producerof responsibilitydirectors, organizationor forotherwise anybe coveredgoverned productby, ifrepresentatives anotheror personaffiliates hasof joinedany apublic produceror responsibilityprivate organizationentities andthat registeredsubmit asbids to perform work for the producer responsibleresponsibility fororganization or that coveredcontract productwith underthe thisproducer chapter.responsibility organization.

(2) A producer responsibility organization that meets the definition under section 2(21) (a) or (b) of this act 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.

(b) Until a producer responsibility organization begins to submit annual reports, as specified under section 1817 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, accompanied by a description of how the producer responsibility organization has distinguished and apportioned the quantities of p.packaging and paper products sold or supplied to consumers, which 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.

9 SSB 5697 packaging and paper products sold or supplied to consumers, which 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.

(4)p. By June 30, 2023, 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 4 of this act, to fund the:

8 SB 5697 (4) By June 30, 2023, 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 4 of this act, to fund the:

and (c) Support and facilitation of the renew advisory council created in section 2019 of this act.

(i) Implement its plan as approved by the department by July 1, 2026, or within six months of plan approval, whichever is later;

and (ii) Submit an annual report for the prior calendar year to the department consistent with section 1817 of this act by July 1, 2027, and each July 1st thereafter.

(ii) Submit a planplan, to the department for approval, informed by a stakeholder consultation processprocess, and consistent with the requirements of this chapter, within one year of registration;

p.(iii) Implement its plan approved by the department within six months of approval;

10and SSB(iv) 5697Submit (iii)an Implementannual itsreport planfor asthe approvedprior bycalendar year to the department withinconsistent sixwith monthssection 17 of approval;this act by July 1st, beginning the first year after plan implementation.

and (iv) Submit an annual report for the prior calendar year to the department consistent with section 18 of this act by July 1st, beginning the first year after plan implementation.

The director of the department must give consideration to the request and if this action isp. 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.

9 SB 5697 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.

and (B) ReuseSupport and recyclingfacilitation rateof targetsthe studyrenew establishedadvisory council created in section 919 of this act;

and (C) Support and facilitation of the renew advisory council created in section 20 of this act;

p.(iv) By 2025, adopt rules to equitably determine annual fee payments by producer responsibility organizations.

11 SSB 5697 (iv) By 2025, adopt rules to equitably determine annual fee payments by producer responsibility organizations.

and (ii)p. 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.

(3)10 TheSB department5697 must(ii) reviewIncrease proposedannual reusepayments andfor recyclingthe ratecoming targetsfiscal year to becover achieved by the ninthcosts calendaridentified yearunder from(a)(ii) theof effectivethis datesubsection, ofif thisthe sectioncollected submittedannual bypayment producerwas responsibilityless organizationsthan asthe amount required into sectioncover 9those ofcosts thisfor act.a given year.

(3)(a) The department must review new, updated, and revised plans submitted by producer responsibility organizations as required in section 18 of this act.

(a)(i) Make proposednew, reuseupdated, and recyclingrevised rateplans targets available for public review and comment for at least 30 days;

(b) Review proposed reuse and recycling rate targets within 90 days of receipt of a complete submission;

(c) Make a determination as to whether or not to approve proposed reuse and recycling rate targets and notify the producer responsibility organization of the:

(i) Determination of approval if the submission meets the requirements of this chapter, taking into consideration comments received under (a) of this subsection;

or (ii) Reasons for not approving a submission of proposed targets.

The producer responsibility organization must submit new or revised proposed targets within 30 days after receipt of the letter of disapproval.

(4)(a) The department must review new, updated, and revised plans submitted by producer responsibility organizations as required in section 19 of this act.

The department must:

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12 SSB 5697 (i) Make new, updated, and revised plans available for public review and comment for at least 30 days;

(5)(4) The department must review annual reports submitted by producer responsibility organizations as required in section 1817 of this act.

(c) Make a determination as to whether or not an annual report meets the requirements of section 1817 of this act and notify the producer responsibility organization of the:

(d) Notify a producer responsibility organization if the annual report demonstrates that the program and activities to implement the plan fail to achieve the reuse and recycling targetsperformance approved by the department or otherwise fail to achieve significant requirements underp. this chapter.

11 SB 5697 established in section 9 of this act or otherwise fail to achieve significant requirements under this chapter.

(5) Beginning January 1, 2023, the department may develop criteria to determine whether the covered products are reusable, recyclable, or compostable.

When developing the criteria, the department must, at minimum, consider 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;

contain toxic substances;

or are designed in a way that is problematic for reuse, recycling, or composting.

501(c)(3)501 (c)(3) of the federal internal revenue code must meet p.to submit a plan and implement a program as a producer responsibility organization;

13 SSB 5697 to submit a plan and implement a program as a producer responsibility organization;

(d) Establishing elements to be included as annual reporting requirements, in section 1817 of this act, necessary to determine the program's compliance with the requirements of this chapter including, but not limited to, any reused or reusable covered products determined to be necessary to be reported by number of units;

or (f) Establishing processes for new, updated, and revised plan approvals as required in section 1918 of this act.

(7)(a) Beginning January 1, 2028, and no more frequently than every five years, the department may by rulerule: require producer responsibility organizations to fund activities to make convenient collection services available for recycling of covered products designated for collection from additional locations or entities determined to be significant sources of covered product waste including, but not limited to, public places and official gatherings.

(8)(i) TheRequire departmentproducer mustresponsibility maintainorganizations ato publicensure websiteconvenient that:collection services are available for recycling of covered products designated for collection from additional locations or entities determined to be significant sources of covered product p.

12 SB 5697 waste including, but not limited to, public places and official gatherings;

(ii) Establish reuse and recycling performance requirements for years not specified in section 9(2) of this act;

(iii) Add reuse and recycling performance requirements for material categories not specified in section 9(2) of this act;

and (iv) Adjust the reuse and recycling performance requirements established in section 9 (2) of this act.

In making a determination to adjust the reuse and recycling performance requirements, the department may consider the following:

(A) Changes in market conditions, including supply and demand for recycled materials, collection rates, and availability;

(B) The capacity of sorting or processing infrastructure;

and (C) The carbon footprint and other social justice and environmental impacts of the production and transportation of the recycled material.

(b) If the department determines that a minimum reuse and recycling performance requirement should be adjusted, the adjusted requirement must be in effect until a new determination is made or upon the expiration of the minimum reuse and recycling performance requirement's effective period, whichever occurs first.

The department may not adjust the overall minimum reuse and recycling performance requirements for all covered products below the requirements established under section 9(2) of this act for the years specified.

(c) The department may by rule add or amend material categories in section 9(2) of this act to be included in the reuse and recycling rate calculations as required in section 9(3)(g) of this act.

(d) A producer or producer responsibility organization may appeal adjustments to the minimum reuse and recycling performance requirement to the pollution control hearings board within 30 days of the department's determination.

(8) Beginning July 1, 2027, the department may determine that a producer responsibility organization that achieves the reuse and recycling rate requirements established for each material category of covered products supplied into the state as provided in section 9(2)(c) of this act and achieves the minimum reuse rates as established in section 9(2) (a) and (b) of this act is considered to achieve the overall reuse and recycling performance requirements for all covered products.

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13 SB 5697 (9) The department must maintain a public website that:

(9)(10) The department must conduct the statewide needs assessment established under section 5 of this act.

(10)(11)(a) The department must conductestablish the reuserenew andadvisory recyclingcouncil rate targets study established under section 919 of this act.

(11)(a) The department must establish the renew advisory council under section 20 of this act.

p.(c) The department must solicit comments and recommendations from the renew advisory council on program implementation activities.

14 SSB 5697 (c) The department must solicit comments and recommendations from the renew advisory council on program implementation activities.

(c) Penalties levied under this subsection must be deposited in the responsible packaging management account created in section 2826 of this act.

(a) The final scope of the statewide needs assessment must be determined based on comments and recommendations from the renew advisory council established in section 2019 of this act, from the utilities and transportation commission, and from any producer responsibility organization that is registered with the department by January 15, 2023;

and (b) The utilities and transportation commission, renew advisory council, and registered producer responsibility organizations must havep. the opportunity to review and comment on a draft statewide needs assessment prior to its completion.

14 SB 5697 have the opportunity to review and comment on a draft statewide needs assessment prior to its completion.

and (b) Funded through payments collected from producer responsibility organizations;organizations.

(c)(3) InformedThe bystatewide theneeds findingsassessment andmust: recommendations of the reuse and recycling rate targets study established in section 9 of this act and the targets submitted by producer responsibility organizations and approved by the department;

and (d) Accepted from the selected consultant as complete by the department.

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15 SSB 5697 (3) The statewide needs assessment must:

(i) Availability and types of recycling services for covered products relative to the convenience standards specified in section 11 of this actact; and to additional potential service methods recommended by producer responsibility organizations during the study scoping process;

(ii) Education and outreach activities relative to the standards specified in section 1716 of this act;

(iii) Availability and performance of collection, transport, and processing capacity and infrastructure relative to the management standards specified in section 8 of this act and the approvedrecycling reuse and recyclingreuse rate targetsrequirements submittedspecified byin producersection responsibility9 organizations, including consideration of materialthis qualityact; and contamination;

and (iv) Necessary capital investments to existing reuse and recycling infrastructure;

and(b) (v)Compile Infrastructureinformation orrelated otherto factorscosts necessaryfor torecycling enableservices reuseand ofother coveredinformation productsrelevant orto the recyclingfunding ofrequirements coveredfor productsproducer notresponsibility currentlyorganizations recycled in theaccordance residentialwith recyclingsection system;10 of this act;

(b)(c) CompileIdentify informationcost relatedfactors toand actualother costsvariables incurredto bybe governmentconsidered agenciesin forthe curbsidedevelopment collectionof services,an drop-offobjective collectionmethod services,for andestablishing otherreimbursement informationrates relevant to thegovernment fundingagencies requirementsthat forreflects producersystem responsibilitycosts, organizations in accordance with sectionconsideration 10 of thisall act, including costs forand variousrevenues servicereceived methodsfor recommendedrecycled bymaterials, produceras responsibilitydescribed organizationsin duringsection the10 studyof scopingthis process;act, including:

(c)(i) IdentifyParameters cost factors and other variables to be considered in the development of base cost formulas for establishing per unit reimbursement ratesbased toon governmentdocumented agenciescosts forand curbsiderevenues; collection services delivered in accordance with this chapter.

Costand factors(ii) andThe variablesformula to be consideredused infor thereimbursement baseif costdocumented formulascosts include:and revenues are not provided by the government agency;

(i)(d) PopulationIdentify sizekey terms and densityconditions and other issues to be considered in the development of a localservice jurisdiction;agreement for services provided by government agencies in accordance with sections 10 and 12 of this act;

(ii) Types of households serviced and collection method used;

(iii) Distance from a local jurisdiction to the nearest recycling facility;

(iv) Whether a jurisdiction pays for transportation and sorting of collected materials and whether it receives a commodity value from processed materials;

1615 SSBSB 5697 (v)(e) GeographicCompile locationrelevant orinformation otherto variablesbe contributingconsidered in the development of criteria to regionaldetermine differenceswhether ina costs;covered product is recyclable, reusable, or compostable;

(vi)(f) CostEvaluate increaseshow overthe time;state's recycling system can be managed in a socially just manner for the purpose of informing how a producer responsibility organization implementing a plan can achieve this objective as it relates to activities required under this chapter.

and (vii) Any other factors as determined to be necessary by the department, with input from the producer responsibility organization, the renew advisory council, and the utilities and transportation commission;

(d) Identify cost factors and other variables to be considered in the development of reimbursement rates to government agencies for any services other than curbside collection that may be included in producer responsibility organization plans to be carried out by government agencies;

(e) Identify issues to be considered in the development of a service agreement template outlining terms and conditions for reimbursement to government agencies for services delivered in accordance with the requirements of this chapter;

(f) Compile relevant information to be considered in the development of criteria to determine whether a covered product is recyclable, reusable, or compostable, such as 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 are designed in a way that is problematic for reuse, recycling, or composting;

(g) Evaluate how the state's recycling system can be managed in a socially just manner for the purpose of informing how a producer responsibility organization implementing a plan can support this objective as it relates to activities required under this chapter.

p.(D) Identification of activities that disproportionately impact any community and in particular overburdened communities and vulnerable populations as defined in RCW 70A.02.010;

17 SSB 5697 (D) Identification of activities that disproportionately impact any community and in particular overburdened communities and vulnerable populations as defined in RCW 70A.02.010;

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 supportachieve this objective as it relates to activities required under this chapter;

(h)(g) 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;products.

(i)NEW CompileSECTION. 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 ecomodulation 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.

(4)(a) At the request and agreement of the renew 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 agencies for services delivered in accordance with the requirements of this chapter.

(b) The scope of a needs assessment update may be adjusted to modify or omit study elements described under subsection (3) of this section, subject to agreement from the renew 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.

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18 SSB 5697 NEW SECTION.

PLAN PARTICIPATION OBLIGATION—STAKEHOLDEROBLIGATION — STAKEHOLDER CONSULTATION FOR PLAN.

(1) Each producer of covered products must participate in, implement, and fund a producer responsibility organization plan approved by the departmentdepartment. in accordance with the funding requirements established in section 10 of this act.

(2) A producer responsibility organization 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.

(3) 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 7 of this act.

The consultation process must solicit and respond to input and recommendations from the renew advisory council established in section 20 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 4(4) of this act.

At a minimum, the consultation process must include:

(a) Quarterly meetings with the renew advisory council throughout the plan development process to discuss and review key plan elements;

(b) Consultation on the base cost formulas to be used for calculating per unit reimbursement rates to government agencies for curbside collection services;

(c) Consultation on the reimbursement rates to be used for any services other than curbside collection that may be included in producer responsibility organization plans to be carried out by government agencies;

(d) Consultation on the service agreement template and any other forms, contracts, or documents outlining the terms and conditions for reimbursement to government agencies for services delivered in accordance with the requirements of this chapter;

(e) Prudency review by the utilities and transportation commission of base cost formulas proposed to be used for calculating reimbursement rates for government agencies, as described in section 13 of this act.

For the purposes of this chapter, a prudency review must include the following:

1916 SSBSB 5697 (i)(2) BeforeA baseproducer costresponsibility formulasorganization aremust submitteddevelop toand maintain a public website with enhanced language access informing the departmentpublic asof partplan implementation details, including collection services and locations for each type of covered product, and a producercurrent responsibilitylist organizationof plan,all themember utilitiesproducers and transportationbrands commissionof mustcovered conductproducts aparticipating prudencyin review;the plan.

(ii)(3) WithinPrior 45to dayssubmitting after receiving base cost formulas from a producernew, responsibilityupdated, organization,or therevised utilitiesplan andto transportation commission must have reviewed the formulasdepartment, anda shall advise the producer responsibility organization andmust theconduct renewa advisoryconsultation councilprocess onto thesolicit prudencyand ofrespond the reimbursement rates to beinput paidand byrecommendations afrom producerthe responsibilityrenew organizationadvisory tocouncil governmentestablished agencies for costs incurred in deliverysection 19 of servicesthis inact, accordancethe withutilities theand requirementstransportation ofcommission, thisand chapter;other stakeholders.

(f)The Opportunitiesconsultation forprocess allrequired stakeholders,in includingadvance theof renew advisory council, the utilitiessubmission andof transportationa commission,plan andto members of the publicdepartment tois providein commentaddition onto the plandepartment-led forpublic nocomment lessprocess thanspecified 30in dayssection prior4 to(3) itsof submissionthis toact. the department;

(g)The Presentationsconsultation inprocess variousmust formatsinclude: and languages as necessary for soliciting meaningful input on the plan and receiving comments including workshops, surveys, webinars, and one-on-one meetings;

and(a) (h)Consideration Documentation of all commentselements received from the renew advisory council and other stakeholders, and summary of responses provided by the producersystem responsibilityincluding organizationcollection, forsorting, purposesprocessing, ofreuse, ause stakeholder consultation report to be included with the submission of arecycled planmaterials, toand theeducation; department.

(b) Development of the objective method for establishing reimbursement rates, including:

(i) Parameters for reimbursement based on documented costs and revenues;

(ii) The formula to be used for reimbursement if documented costs and revenues are not provided by the government agency;

and (iii) Terms and conditions for reimbursement to government agencies in the service agreements;

(c) Opportunities for all stakeholders and members of the public to provide comment on the plan prior to its submission to the department;

(d) Presentations in various formats and languages as necessary for soliciting meaningful input of the plan and receiving comments including workshops, surveys, webinars, and one-on-one meetings;

and (e) Documentation of all comments received from the renew advisory council and other stakeholders, and responsive answers 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.

NEWp. SECTION.

17 SB 5697 NEW SECTION.

PLAN CONTENTSCONTENTS—OVERVIEW. — OVERVIEW.

p.(d) How the producer responsibility organization will encourage and incentivize waste prevention and reduction;

20(e) SSB 5697 (d) How the producer responsibility organization will encourageuse and incentivizeinteract wastewith preventionrecycling programs and reduction;infrastructure that predate the implementation of the plan;

(e)(f) How the producer responsibility organization will encourageinvest in reuse and incentivizerecycling redesigninfrastructure ofand coveredmarket productsdevelopment toin beWashington reusable,state recyclable,as ordescribed compostable;in section 15 of this act;

(f)(g) How the producerprogram responsibilitywill organizationmaximize willthe useefficiency andof interactthe withsystem recyclingof programscollecting and infrastructuremanaging thatcovered predateproducts thethrough implementationreuse ofand therecycling; plan;

(g)(h) HowActivities to be undertaken to meet the producerrequirement responsibilityestablished organizationunder willsection fund9 reuseof andthis recyclingact infrastructurethat andall marketcovered developmentproducts inare Washingtondesigned stateto asbe describedreusable, recyclable, or compostable by 2030 in sectionaccordance 16with ofcriteria thisestablished act;by the department;

(h) How the program will maximize the efficiency of the system of collecting and managing covered products through reuse and recycling;

(iii) If the list includes any covered product that isdoes not meet the definition of recyclable as defined in section 2 of this act, the plan must provide a justification for its inclusion on the list and describep. activities to be undertaken to meet the definition within a reasonable time frame;

(j)18 ActivitiesSB 5697 describe activities to be undertaken to makemeet convenient collection services available for covered products in accordance with the conveniencedefinition standardswithin establishedone underyear section 11 of thisplan actimplementation; including, at minimum, the following information:

(j) Activities to be undertaken to meet the convenience standards for collection of covered products as established under section 11 of this act, including:

p.(ii) The locations of permanent collection facilities and types of covered products to be collected at each location, including whether any changes are anticipated as part of plan implementation;

21 SSB 5697 (ii) The locations of permanent collection facilities and types of covered products to be collected at each location, including whether any changes are anticipated as part of plan implementation;

(k) ProposedActivities reuseto andbe recyclingundertaken rateto targetsmeet forthe coveredreuse productsand reportedrecycling asperformance supplied,requirements as describedestablished inunder section 9 of this act,act; including a description of the basis and reasoning for the targets proposed;

(l) ActivitiesProposed tocombined bereuse undertakenand torecycling meetrates for each material category of covered products reported as supplied into the proposedstate, reuseas described in section 9(2) of this act, including a description of the basis and recyclingreasoning ratefor targets;the rates proposed;

(m) Activities to be undertaken to implement the education and outreach component as required under section 1716 of this act;

(n) ActivitiesA todescription facilitateof recyclingproposed ofarrangements coveredwith productsmaterial backrecovery intofacilities coveredand productsother processing facilities handling materials under the program regarding long-term contracts and encourageother developmentpurchase arrangements, based on fair market pricing for commodities of circularcomparable economicquality, activityto infacilitate therecycling stateof andcovered region.products back p.

The19 producerSB responsibility5697 organizationinto shallcovered provideproducts aand descriptionencourage ofdevelopment how the producers would propose to structure agreements to purchase recycled materials from material recovery facilities or other processing facilities to support producers priority access to commodities, based on fair market pricing for commodities of comparablecircular qualityeconomic andactivity consideringin long-termthe contractsstate and otherregion; purchase arrangements;

(o) Activities to be undertaken to minimize the amountamount, cost, and costtoxicity 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-specification-grade grade commodities for sale, but do not include residuals from further processing of end market-ready material;

(p) AActivities descriptionto ofbe howundertaken planto implementationensure willthat maintaincovered responsibleproducts managementdesignated practices for coveredcollection productsdo throughnot tocontain finaltoxic disposition;substances;

(q)(i)(q) A description of thehow baseplan costimplementation formulaswill toensure bethat usedresponsible tomanagement calculatepractices per unit reimbursement rates for curbsidecovered collectionproducts services with similar attributes that are deliveredmaintained bythrough governmentto p.final disposition;

22(r)(i) SSBA 5697description of the objective method, as described in section 10 of this act, for calculating reimbursement rates to government agencies for services delivered in accordance with the requirements of this chapter,act, whether such services are provided directly or through a contracted service provider.provider;

If(ii) aThe plan includes more than one base cost formula for curbside collection services, the producer responsibility organization must makedescribe clearhow: the conditions under which each formula will be applied;

(ii)(A) AThe descriptionobjective ofmethod thecovers reimbursementall ratesobligations tospecified be used for any services other than curbside collection included in thesections plan10 thatand are11 toof bethis carriedact; out by government agencies;

(iii)(B) TheReimbursements producerwill responsibilitybe organizationdistributed mustand describe:detail any terms or conditions covered in the service agreements with government agencies for receiving reimbursements;

(A)and How(C) theThe perproducer unitresponsibility reimbursementorganization rateswill coverwork all obligations associated with curbsidegovernment collectionagencies services specified in this chapter and any other servicesstakeholders included in the plan that are to beensure deliveredsuccessful byimplementation governmentof agencies;the program;

(B)(iii) HowThe producer responsibility organization must provide a template of the service agreement and any other forms, contracts, or other documents for use in distribution of reimbursements willto begovernment distributed;agencies and other stakeholders;

(C)(s) AnyA termsdescription orof conditionshow the plan will address contamination from covered inproducts theat servicecompost agreementsor withother governmentorganics agenciesprocessing forfacilities receivingand reimbursements,similar facilities, including anythrough servicedecontamination standardsequipment improvements and reportingconducting requirements;packaging contamination composition studies;

and(t) (D)A Howstakeholder theconsultation producerreport, responsibilityas organizationdescribed willin worksection with6(3)(e) government agencies and other stakeholders to achieve successful implementation of thethis servicesact; for which the producer responsibility organization provides reimbursement;

(iv)(u) TheA producerdescription responsibility organization must provide a template of the servicedispute agreementresolution andprocess, anyincluding otherthe forms,process contracts,timeline, orto otherbe documentsused, foras useneeded, inby distributionthe ofproducer reimbursementsp. to government agencies and other stakeholders;

(r)20 ASB description5697 ofresponsibility theorganization serviceto standardsresolve forany residentialdisputes curbsideinvolving collectionreimbursement servicesof providedgovernment inagencies areasas regulatedestablished byin thesections utilities10 and transportation12 commission under the provisions of chapterthis 81.77act; RCW;

(s) Activities to be undertaken to reduce contamination from covered products at compost or other organics processing facilities and similar facilities, including through decontamination equipment improvements and conducting packaging contamination composition studies;

(t) A stakeholder consultation report, as described in section 6(3)(h) of this act;

(u) A description of the dispute resolution process, including the process timeline, to be used, as needed, by the producer responsibility organization to resolve any disputes involving p.

23 SSB 5697 reimbursement of government agencies as established in sections 10 and 12 of this act;

(a) Track, verify, and publicly report that the responsible management of covered products collected by the program is maintained through to the final dispositiondisposition; of the covered products;

(d)(i)(d) DocumentEnsure thethat locationscovered ofproducts allcollected materialfor recoveryrecycling facilitiesdo andnot othercontain processingtoxic facilitiessubstances; used to meet the requirements of this chapter, whether within Washington, elsewhere in North America, or outside of North America;

(e)(i) 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;

(4)(a) Prior to program use of any advanced technology for conversion of postuse plastic polymers for the purpose of producing recycled material to be counted toward reuse and recycling performancep. targets, the producer responsibility organization must provide the department with a third-party assessment prepared to examine the impact of the advanced technology on the following:

p.21 SB 5697 performance targets, the producer responsibility organization must provide the department with a third-party assessment prepared to examine the impact of the advanced technology on the following:

24 SSB 5697 (i) Air and water pollution and release or creation of any hazardous pollutants;

(5)(a) Material recovery facilities and other processing facilities receiving covered products from government agencies or private service providers collected through activities undertaken in accordance with this chapter must measure and report annually, in a form and format approved by the department, on the following parameters associated with covered products received and processed to both the department and each producer responsibility organization for which they provide a service:

(iv) Outbound material tons and end markets, including whether they are domestic, export to organization for economic cooperation and development countries, or export to facilitiesmarkets in other countries that meet organization for economic cooperation and development operating standards;

(b) 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.

2522 SSBSB 5697 (c)(b) AAll materialdata recoveryreported facilityto orthe otherdepartment processingby facilitymaterial thatrecovery submitsfacilities informationand orother recordsprocessing tofacilities the department under this chaptersubsection maymust request that the information or records be madeverified availableby onlyan forindependent thethird confidentialparty. use of the department, the director, or the appropriate division of the department.

(c) A material recovery 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, or the appropriate division of the department.

(d)(6) TheMaterial requirementsrecovery offacilities (a) and (b)other ofprocessing thisfacilities subsectionhandling domaterials notunder applythe toprogram anyshall facilityprioritize operatedarrangements proposed by a scrapproducer metalresponsibility businessorganization asregarding definedlong- interm RCWcontracts 19.290.010and thatother holdspurchase aagreements, currentbased scrapon metalfair licensemarket unlesspricing thefor coveredcommodities productsof handledcomparable byquality, suchto afacilitate businessrecycling wereof receivedcovered directlyproducts fromback collectioninto servicescovered forproducts whichand aencourage producerdevelopment responsibilityof organizationcircular haseconomic providedactivity reimbursement.in the state and region.

(6) 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.

REUSE AND RECYCLING RATEPERFORMANCE TARGETS.REQUIREMENTS.

(1) To informmeet the development of initial reuse and recycling rateperformance targetsrequirements toestablished bein proposedthis bysection, a producer responsibility organizations,organization themust: department must conduct a reuse and recycling rate targets study, to be completed within one year of the effective date of this section.

(a)(a)(i) TheDemonstrate reusethat andall recyclingcovered rateproducts targetsare studydesigned mustto be:be reusable, recyclable, or compostable by January 1st, of the ninth calendar year from the effective date of this section, in accordance with criteria established by the department;

(i)(ii) CarriedA outproducer byor a third-partyproducer consultantresponsibility selectedorganization byon behalf of a member producer may apply for a waiver from the department;department for a temporary exclusion of a covered product from the requirement under (a)(i) of this subsection for the upcoming year for any types of covered products for which a producer or producer responsibility organization annually demonstrates to the department by December 31st of a given year that it is not technologically feasible in order to comply with health or safety requirements of a federal law;

andp. (ii) Funded through payments collected from producer responsibility organizations.

23 SB 5697 (b) TheDemonstrate reusethat andthe recyclingcovered rateproducts targetscollected studyby must:the program were managed consistent with section 8 of this act;

(i)(c) AssessCalculate, verified by an independent auditor, the reuse and recycling rates currentlyof beingcovered achievedproducts, inas thespecified stateunder forsubsections covered(2) products,through by(4) materialof category,this basedsection, onand recentlyprovide publishedthe studies,verification publiclyto availablethe datadepartment sources,as andpart dataof providedthe byannual producerreporting responsibilityrequirements organizationsestablished asunder requiredsection under17 p.of this act.

26(2) SSBAt 5697minimum, sectioneach 3(3)program ofmust thisachieve act and calculated using the calculationfollowing methodologyperformance establishedrequirements: in subsections (4) and (5) of this section;

(ii)(a) ReviewBy the reusesixth andcalendar recyclingyear ratefrom targetsthe seteffective anddate achievedof inthis jurisdictionssection, witha minimum of 55 percent of all covered products reported by the producer responsibility organization foras packagingsupplied orinto similarthe programsstate andare evaluatereused whetheror thoserecycled, rateswith area applicableminimum inof thefive state;percent reused;

(iii)(b) RecommendBy reuse and recycling rate targets, including a target for the overall combined reuse and recycling rate of covered products, and a separate target specifically for a minimum reuse rate, which is also to be counted within the overall combined reuse and recycling rate target, to be achieved for covered products statewide by the ninth calendar year from the effective date of this section, witha considerationminimum of feasibility75 percent of achievingall recommendedcovered targetsproducts basedreported onby currentthe ratesproducer achievedresponsibility inorganization theas state,supplied ratesinto achievedthe instate otherare jurisdictionsreused or recycled, with similara programs,minimum andof additional10 relevantpercent data.reused;

(c) TheFor reneweach advisorymaterial councilcategory andof anycovered products reported by the producer responsibility organization thatas issupplied registeredinto with the departmentstate, by Januarythe 15,sixth 2023,calendar mustyear havefrom the opportunityeffective todate reviewof andthis commentsection, oneach aprogram draftmust reuseachieve andthe recyclingfollowing ratecombined targetsreuse studyand priorrecycling torates: its completion.

(d)Material Beginningcategory JanuaryRigid 1,plastic 2028,25 andpercent noFlexible moreplastic frequently5 thanpercent everyPaper five60 years,percent theAluminum department55 maypercent updateSteel the45 percent Glass 50 percent (d)(i) In its initial plan, a producer responsibility organization must propose combined reuse and recycling raterates targetsfor studyeach material category of covered products reported as supplied into the state, to informbe achieved by the developmentninth calendar year from the effective date of reusethis section, and recyclingby ratethe targetsfinal tocalendar beyear proposedof byeach producerplan responsibilityimplementation organizationsperiod inunder theireach plans.subsequent plan;

(2)(ii) ByThe September 1, 2023, any registered producer responsibility organization must submit to the department proposed combined reuse and recycling raterates targets for coveredeach productsmaterial reportedcategory by the producer responsibility organization as supplied into the state to be achieved by the ninth calendar year from the effective date of thiscovered section.products must:

Inp. proposing targets, the producer responsibility organization must:

(a)24 ConsiderSB 5697 (A) Increase by at least 20 percentage points above the targetsrate recommendedrequired inunder the reuseprevious andplan recyclingimplementation period if the previous rate targetsrequirement study;was 60 percent or below;

(b)(B) Propose,Increase by at minimum,least a10 targetpercentage forpoints above the overall combined reuse and recycling rate ofrequired coveredunder products,the andprevious aplan separateimplementation targetperiod specificallyif forthe aprevious minimumrate reuserequirement rate,was whichabove is60 alsopercent, up to bea countedrate withinof the90 overallpercent; combined reuse and recycling rate target;

(c)(C) ProvideBe ademonstrated justificationto forbe consistent with achievement of the targetsoverall proposed,reuse ifand theyrecycling arerates differentfor fromall thosecovered recommendedproducts established in the(a) reuseand (b) of this subsection and recyclingwith ratethose targetsset study;by the department in accordance with section 4(7)(a)(ii) of this act;

and(D) p.Align with the rates proposed by any other producer responsibility organization that is registered with the department;

27(iii) SSBTo 5697develop (d)the Adhereproposed torates, the reuseproducer andresponsibility recyclingorganization rateshall calculationconsider methodologythe establishedrates required or achieved in subsectionsother (4)jurisdictions with producer responsibility organization requirements for similar material categories and (5)evaluate ofwhether thisthose section.rates are applicable in the state;

(3)(e) AnyA producerprogram responsibilitythat organizationachieves planthe submittedreuse toand therecycling departmentrate mustrequirements includeestablished targets for each material category of covered products reported by the producer responsibility organization as supplied into the state,state toand beachieves achievedthe byminimum thereuse endrates ofas theestablished planin implementation(a) period,and taking(b) intoof accountthis thesubsection findingsmay ofbe considered to achieve the overall reuse and recycling rateperformance targetsrequirements study,for statewideall needscovered assessment,products as established in (a) and additional(b) relevantof data.this subsection.

(a)(3) AtFor minimum,the purposes of this chapter, the planamount of recycled material must include:be measured at the following calculation point for each material category of covered products included in the plan:

(i) A target overall combined reuse and recycling rate of covered products;

(ii) A separate target minimum reuse rate of covered products, which is also to be counted within the overall combined reuse and recycling rate target;

and (iii) A target combined reuse and recycling rate for each material category of covered products reported by the producer responsibility organization as supplied into the state.

(b) Proposed targets must demonstrate continuous improvement in reuse and recycling rates of covered products over time.

(c) Proposed targets must adhere to the reuse and recycling rate calculation methodology established in subsections (4) and (5) of this section.

(d) Any plan submitted to the department prior to the ninth calendar year from the effective date of this section must also include reuse and recycling rate targets to be achieved by the ninth calendar year from the effective date of this section.

If the targets differ from those previously approved by the department as required under subsection (2) of this section, the producer responsibility organization must provide a justification for the proposed adjustment.

(4) 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:

p.(b) Flexible plastic material that:

28(i) SSBIs 5697delivered (b)to Flexiblea plasticfacility materialfor that:flaking, pelletization, extrusion, molding, or advanced technology for conversion of postuse p.

(i)25 IsSB delivered5697 to a facility for flaking, pelletization, extrusion, molding, or advanced technology for conversion of postuse plastic polymers for use in the production of new products whether for the original or another purpose;

(5)(4) For theeach purposesmaterial category of thiscovered chapter,product aincluded in the plan, the combined reuse and recycling rate must be calculated as the sum of the amount of reused material and recycled material managed by the program in a given year, divided by the amount of covered products supplied into the state in the same year, expressed as a percentage, where:

(a) Covered products supplied into the state in a given year is the amount calculated in accordance with section 18(2)(b)17(2)(b) of this act;

and p.(c) Recycled material is the amount produced from covered products managed by the program in the same year measured in accordance with subsection (3) of this section.

29p. SSB 5697 (c) Recycled material is the amount produced from covered products managed by the program in the same year measured in accordance with subsection (3) of this section.

26 SB 5697 (5) A producer responsibility organization that does not achieve the reuse and recycling performance requirements established in subsection (2) of this section must submit a revised plan to the department no later than 90 days after submitting an annual report as required under section 17 of this act, in which the failure to achieve the reuse and recycling performance requirements are identified.

The revised plan must include changes to the plan specifying how the program will be modified to meet the requirements of this section.

(3)(a)(3) A producer responsibility organization must develop a fee system to collect fees from participating producers to cover the costs of plan implementation.

(b)(4) AThe producerfee responsibilitysystem organizationmust shallbe allowbased producers of covered products that are newspapers or magazines to satisfy their obligations under this section by providing advertisement or publication 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 coveredmaterial productscategories thatof arecovered newspapersproducts, orbased magazines,on whichthe arefollowing: 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.

(4) The fee system must be based on 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:

p.(iii) Discourage the use of problematic materials that increase system costs of managing covered products;

30 SSB 5697 (iii) Discourage the use of problematic materials that increase system costs of managing covered products;

(b)p. Any system of program fees owed by producers 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 typically reused a minimum number of times.

27 SB 5697 (b) Any system of program fees owed by producers 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 typically reused a minimum number of times.

(6)(6)(a) IfA more than one producer responsibility organization ismust registeredreimburse withina thegovernment state,agency eachthat producerchooses responsibilityto organizationseek mustreimbursement coordinatefor withrecycling otherservices producerdelivered responsibilityin organizationsaccordance towith providesection reimbursement12 andof ensurethis thatact governmentincluding, agenciesas andapplicable, serviceany providersadministrative, arepublic reimbursededucation, forcollection, recyclingtransportation, servicesand assorting requiredor underprocessing thiscosts chapter,with andconsideration toof ensurerevenues thatreceived coveredfor productsrecycled arematerials, notwhether reportedsuch asservices suppliedare orprovided manageddirectly byor morethrough thana onecontracted producerservice responsibilityprovider. organization.

(b)(i) Reimbursement rates must be calculated using an objective method developed through the consultation process established under section 6 of this act that reflects system costs, with consideration of all costs described in (a) of this subsection and revenues received for recycled materials.

(ii) Reimbursement rates must be based on documented costs and revenues submitted by the government agency or, if documented costs and revenues are not provided by the government agency, a formula developed through the consultation process and established in the producer responsibility organization's plan.

(iii) The formula may be varied based on regional costs, population density rates, number and types of households serviced, collection method used, and any additional cost factors identified in the statewide needs assessment established under section 5 of this act and through the consultation process established under section 6 of this act.

(c) Terms or conditions for reimbursement to government agencies must be established using a service agreement developed through the consultation process.

A template of the service agreement and of any other forms, contracts, or other documents for use in distribution of reimbursements to government agencies must be made available to government agencies and other stakeholders and included in the plan submitted to the department.

(d) If more than one producer responsibility organization is registered within the state, each producer responsibility p.

28 SB 5697 organization must coordinate with other producer responsibility organizations to provide reimbursement and ensure that government agencies are reimbursed for recycling services.

(1) In every jurisdiction in which covered products are sold or supplied to consumers, a producer responsibility organization must fundensure activities to make convenient collection services are available for the full list of covered products designated for collection in the plan.

(b)(i)(b) In jurisdictions without curbside garbage collection, and in all areas for covered products designated for alternate collection, free and equitable access to permanent collection facilities must be provided that are located, at minimum, at:

(A)(i) Each solid waste transfer, processing, disposal site or other drop-off location, or a location of equal convenience, as it existed prior to the effective date of this section;

and p.(ii) Additional drop-off locations or collection events in communities that are not covered by a collection location described in (b)(i) and (ii) of this subsection.

31The SSBproducer 5697responsibility (B)organization, Additionalin drop-offconsultation locationswith orthe collectiondepartment, eventsthe inrelevant communitiesgovernment thatagency, areand notthe coveredlocal bycommunity, must determine a collectionreasonable location describedof inadditional (b)(i)(A)drop-off locations or frequency and location of thiscollection subsection.events to be held in underserved areas.

The producer responsibility organization,organization in consultation with the department, the relevant government agency, and the local community, must determinegive aspecial reasonableconsideration numberfor andproviding locationopportunities ofto additionalisland drop-off locations or frequency and locationgeographically ofisolated collectionpopulations; events to be held in underserved areas.

The 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 through mutual agreement with a producer responsibility organization, but nothing in this chapter requires a retailer to serve as a drop-off location or site of a collection event.

(i) Where governmentrecycling agenciescollection providedreceptacles were in place and managed recyclingby collectiongovernment receptaclesagencies prior to the effective date of this section.section;

The number and location(ii) ofAt receptaclesoptimal maylocations beas adjusteddetermined toby optimize collection based on mutual agreement between the producerstatewide responsibilityneeds organizationassessment andin thesection government5 agencyof providingthis theact. service;

and(2) (ii)In Atany additionaljurisdiction locationswhere ascollection determined by the producer responsibility organization, based on the recommendations of thesource statewideseparated needsrecyclable assessmentmaterials infrom sectionresidences 5is ofprovided thisby acta andcity stakeholderor consultationtown inp. section 6 of this act.

Collection29 inSB additional5697 locationsunder isthe subjectauthority toof mutualRCW agreement35.21.120, 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 andmust meet its curbside collection service obligation through the governmentexisting agencycurbside orcollection otherservice entityas responsibledescribed forin thesection public12 place.of this act.

(2)(3)(a) InA 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 mustmust, meetin its curbsideplan, collectionestablish servicea obligationstatewide throughlist theof existingcovered curbsideproducts collectiondesignated servicefor ascollection. described in section 12 of this act.

p.

32 SSB 5697 (3)(a) A producer responsibility organization must, in its plan, establish a statewide list of covered products designated for collection.

(4) Every producer responsibility organization must identify in its plan and on its website, in appropriate languages, each area where curbside and alternative collection services for covered products are available, the location of each permanent collection opportunity for covered products, the types and locations of alternate collection methods used, and the locations of public place collection servicesservices. for covered products.

(b) The producer responsibility organization must reimburse the government agency for services delivered in accordance with the requirements of this chapter asusing describedthe inservice sectionagreement 13and ofthe thisp. act.

30 SB 5697 objective method for calculating reimbursement established under section 10 of this act.

p.(3) 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 commission.

33(4) SSBCities 5697and (3)counties Whereare a city or town chooses not obligated to exerciseprovide itsresident authorityeducation underbut chaptermay 35.21carry RCW,out or acontract countyfor choosesresident noteducation toand exerciseoutreach itsconsistent authoritywith underproducer chapterresponsibility 36.58organization RCW,plan curbsideprovisions collectionunder ofsection covered16 productsof designatedthis foract collection as source separated recyclable materials from residences in areas regulated by the utilities and transportationbe commissionreimbursed underfor the provisionscosts of chapterthese 81.77initiatives RCWusing mustthe beservice providedagreement byand aobjective companymethod thatfor holdscalculating anreimbursement applicableestablished certificateunder issuedsection by10 theof utilitiesthis andact. transportation commission.

(4) Cities and counties are not obligated to provide resident education but may carry out or contract for resident education and outreach consistent with producer responsibility organization plan provisions under section 17 of this act and be reimbursed for the costs of these initiatives as described in section 13 of this act.

(5) A city, town, or county may not enact an ordinance requiring producers of covered products to provide additional residential recycling services for covered products unless producers are not required to fully fund the requirements of this chapter.

SERVICE PROVIDER COST REIMBURSEMENT FOR SERVICES PROVIDEDREGULATED BY GOVERNMENTTHE AGENCIES.UTILITIES AND TRANSPORTATION COMMISSION.

(1)In Aareas producerwhere responsibility organization with covered products designated for curbside collection underof itssource planseparated mustrecyclable providematerials reimbursementfrom toresidences ais governmentregulated agencyby thatthe choosesutilities toand seektransportation reimbursementcommission forunder costschapter incurred81.77 inRCW: delivering curbside collection services, whether these services are provided directly or through a contracted service provider.

Reimbursable(1) costsA include,producer asresponsibility applicable,organization anymust administrative,provide publicreimbursement education,to collection,the transportation,company andgranted sortinga orcertificate processingto costsprovide incurredthe service in deliveringaccordance curbsidewith collectionthe servicesrates inapproved accordanceby with the requirementscommission, ofincluding thisall chapter.associated taxes and fees that would be otherwise charged to residential customers directly or indirectly for recycling service, provided that the service:

Reimbursements(a) forIs curbsideoffered collectionto servicesresidents mustin besingle-family calculatedand usingmultifamily baseresidences costwherever formulascurbside establishedgarbage incollection theservices producerare responsibilityoffered; organization plan approved by the department.

(2)(b) IfIncludes acollection producer responsibility organization elects to use the services of aall governmentcovered agencyproducts designated for anycurbside othercollection; services included in the producer responsibility organization plan, it must provide reimbursement to the government agency.

Reimbursement for any services other than curbside collection services may be calculated using reimbursement rates established for additional services in the producer responsibility organization plan approved by the department.

3431 SSBSB 5697 (3)(c) ReimbursementAligns rateswith mayany be adjusted in response to contract cost escalators, commodity pricing adjustments, new program costs, or other uncontrollableservice costsstandards asestablished agreed upon by the renew advisory council, the producer responsibility organization,organization theplan utilitiesunder andsection transportation7 commission,of andthis approvedact; by the department.

and (d) Is provided in a manner consistent with the requirements of this chapter.

(2) The commission may review the financial operations of any private recycling business that receives covered products collected as source separated recyclable materials collected from residences from a company granted a certificate to provide the service for the purposes of regulating rates and fees charged to a producer responsibility organization for handling of these materials.

COST REIMBURSEMENT FOR SERVICES REGULATED BY THE UTILITIES AND TRANSPORTATION COMMISSION.

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, provided that the service:

(1) Is offered to residents in single-family and multifamily residences wherever curbside garbage collection services are offered;

(2) Includes collection of all covered products designated for curbside collection;

(3) Aligns with any other service standards established by the producer responsibility organization plan under section 7 of this act;

and (4) Is provided in a manner consistent with the requirements of this chapter.

NEW SECTION.

Sec.

15.

(1)Except Servicefor agreementsresidential betweencurbside producerrecycling responsibilityservices organizationsprovided and government agencies under this chapter are limited in scopeaccordance towith authorizingsections the11 reimbursementand 12 of costs according to the reimbursement rates determined according to section 13 this act, and any other services included in a producer responsibility organization plan that areenters tointo becontractual carriedagreements outwith byservice aproviders governmentto agency,carry andout uponproducer verificationresponsibilities that the services provided meet the terms and conditions established under thethis produceract responsibilitymust: organization plan approved by the department.

(2)(1) ExceptUse foropen, curbsidecompetitive, collection services provided in accordance with sections 11 and 12fair ofprocurement thispractices; act, a producer responsibility organization that enters into contractual agreements p.

35(2) SSBProvide 5697opportunities withfor servicewomen, providersminority, toor carryveteran-owned outbusinesses, producersmall responsibilitiesbusinesses, underand thisindependent actoperators must:to participate as service providers;

(a)(3) UseEnsure open,that competitive,all andcontracted fairservice procurementproviders: practices;

(b)(a) ProvideMeet opportunitiesminimum foroperating women,standards, minority,including orthe veteran-ownedrequirements businesses,of smallthis businesses,chapter and independentchapter operators70A.205 toRCW; participate as service providers;

(c)(b) RequireMeet thathigh alllabor contractedstandards, serviceincluding providers:family-level wages, providing benefits including health care and pensions, and demonstrate procurement from and contracts with women, minority, or veteran-owned businesses;

(i)and Meet(c) minimumProvide operatingfair standards,opportunities includingregardless theof requirementsethnicity, ofrace, thisgender, chapterage, anddisability, chapterreligion, 70A.205sexual RCW;orientation, or national origin;

(ii)and Meet(4) highEnsure laborthat standards,contracted includingservice family-levelproviders wages,maintain providingrecords benefitsand includingprovide healththe careproducer andresponsibility retirementorganization planswith orverifiable contributions,chain of custody documentation, reporting parameters for material recovery facilities and demonstrateother procurementprocessing fromfacilities under section 8 of this act, and contractsother withdocumentation women,necessary minority,to orevaluate veteran-ownedthe businesses;performance relative to the requirements of this chapter.

and (iii) Provide fair opportunities regardless of ethnicity, race, gender, age, disability, religion, sexual orientation, or national origin;

and (d) Require that contracted service providers maintain records and provide the producer responsibility organization with verifiable chain of custody documentation, reporting parameters for material recovery facilities and other processing facilities under section 8 of this act, and other documentation necessary to evaluate the performance relative to the requirements of this chapter.

NEWp. SECTION.

32 SB 5697 NEW SECTION.

16.15.

(1) Each producer responsibility organization must fundinvest and support investments in reuse and recycling infrastructure and market development in Washington state as needed to achieve the convenience standards specified in section 11 of this act, the management standards specified in section 8 of this act, the reuserecycling and recyclingreuse rate targetsrequirements setspecified in producer responsibility organization plans as described in section 9 of this act, or to address infrastructure gaps,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 5 of this act and through the consultation process under section 6 of this act.

p.(a) 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;

36 SSB 5697 (a) 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;

17.16.

(1) Each plan implemented by a producer responsibility organization under this chapter must include an education and outreach component that effectively reaches diverse residents, is accessible, is clear, and supports the achievement of the reuse and recycling rateperformance targetsrequirements setunder in producer responsibility organization plans as described in section 9 of this act.

(b) Coordinate and fund the distribution of statewide promotional campaigns developed under this section through media channels that mayp. include, but need not be limited to, print publications, radio, television, the internet, and online streaming services;

33 SB 5697 may include, but need not be limited to, print publications, radio, television, the internet, and online streaming services;

p.(e) Establish a process for answering customer questions and resolving customer concerns;

37 SSB 5697 (e) Establish a process for answering customer questions and resolving customer concerns;

18.17.

(iii) The weight and, where applicable and determined by the department to be necessary, number of units, by material category, of covered products supplied into the state to consumers for personal use, to be used for the purposes of calculating the reuse and recycling rate targetsrequirements setunder in producer responsibility organization plans as described in section 9 of this act;

(iv)(A)p. A description of how the producer responsibility organization has distinguished and apportioned the quantities of packaging and paper products sold or supplied to consumers for personal use, which 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;

34 SB 5697 (iv)(A) A description of how the producer responsibility organization has distinguished and apportioned the quantities of packaging and paper products sold or supplied to consumers for personal use, which 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;

and (v) The quantity of covered products supplied that were designed to be reusable, recyclable, or compostable in accordance with p.criteria established by the department, reported separately for each of these categories by material, weight, and, where applicable and determined by the department to be necessary, number of units;

38 SSB 5697 criteria established by the department, reported separately for each of these categories by material, weight, and, where applicable and determined by the department to be necessary, number of units;

(e)p. The reuse and recycling rates achieved by the program, for each material category of covered product supplied and for all covered products supplied into the state, calculated in accordance with the requirements in section 9 (4) and (5) of this act;

35 SB 5697 (e) The reuse and recycling rates achieved by the program, for each material category of covered product supplied and for all covered products supplied into the state, calculated in accordance with the requirements in section 9 (3) and (4) of this act;

(i) A list of jurisdictions and service providers where curbside collection services forare coveredprovided productsby arethe provided,program, accompanied by p.a brief description of services provided, locations and operating hours of permanent collection facilities, types and locations of alternate collection methods used, and locations of public place collection services;

39 SSB 5697 a brief description of services provided, locations and operating hours of permanent collection facilities, types and locations of alternate collection methods used, and locations of public place collection services;

andp. (ii) Design covered products to be reusable, recyclable, or compostable;

36 SB 5697 (ii) Address toxic substances in covered products;

and (iii) Design covered products to be reusable, recyclable, or compostable in accordance with criteria established by the department;

p.(m) A summary of renew advisory council, established in section 19 of this act, engagement and input as well as comments received from additional stakeholders and community members;

40 SSB 5697 (m) A summary of renew advisory council, established in section 20 of this act, engagement and input as well as comments received from additional stakeholders and community members;

and (iii) Determine whether all facilities involved in the collection, processing, and final disposition of collected covered productsp. are operating in accordance with the requirements of this chapter and responsible management of covered products.

37 SB 5697 products are operating in accordance with the requirements of this chapter and responsible management of covered products.

19.18.

p.(ii) For all subsequent plans submitted after the initial plan, a producer responsibility organization must submit, 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.

41(b) SSBIf 5697the (ii)reuse Forand allrecycling subsequentperformance plansrequirements submittedestablished afterunder thesection initial9 plan,of athis produceract responsibilityhave organizationnot mustbeen submit,met oneas yearof prior to the expirationtime of theplan plan,update, an updatedindependent planevaluation formust thebe followingconducted fiveof calendarthe yearsproducer ofresponsibility operationorganization's efforts to addressimplement changes in the operationsplan andapproved activitiesby of the program.department.

(b) If the reuse and recycling rate targets set in producer responsibility organization plans as described in section 9 of this act have not been met as of the time of plan update, an independent evaluation must be conducted of the producer responsibility organization's efforts to implement the plan approved by the department.

(i) The program and activities to implement the plan fail to achieve the reuse and recycling rateperformance targetsrequirements setestablished in producer responsibility organization plans as described in section 9 of this act or otherwise fail to achieve significant requirements under this chapter;

20.19.

(2)p. The council consists of members appointed by the department as follows:

38 SB 5697 (2) The council consists of members appointed by the department as follows:

p.(d) Two representatives of community-based organizations representing the interests of overburdened communities and vulnerable populations as defined in RCW 70A.02.010;

42 SSB 5697 (d) Two representatives of community-based organizations representing the interests of overburdened communities and vulnerable populations as defined in RCW 70A.02.010;

(b)p. If there is a vacancy for any reason, the department shall make an appointment to become effective immediately for the unexpired term.

39 SB 5697 (b) If there is a vacancy for any reason, the department shall make an appointment to become effective immediately for the unexpired term.

The chairperson p.and vice chairperson may not both be members appointed under the same subsection of subsection (2)(a) through (i) of this section.

43 SSB 5697 and vice chairperson may not both be members appointed under the same subsection of subsection (2)(a) through (i) of this section.

(b) Review and comment on a draft reuse and recycling rate targets study and on a draft statewide needs assessment prior to theirits completion;

(e) Advise and make recommendations to any registered producer responsibility organization on annual reports prior to submission as established in section 1817 of this act;

(f) Review and comment on all annual reports submitted by producer responsibility organizations to the department, including makingp. recommendations to the department regarding the need for any plan amendments or other recommendations regarding program activities;

40 SB 5697 making recommendations to the department regarding the need for any plan amendments or other recommendations regarding program activities;

p.(9) Renew advisory council members 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.

44 SSB 5697 (9) Renew advisory council members 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.

21.20.

(2)p. "Beverage manufacturing industry" means an association that represents beverage producers.

41 SB 5697 (2) "Beverage manufacturing industry" means an association that represents beverage producers.

Condiment packaging includes, but is not limited to, single-serving packaging for ketchup, mustard, p.relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly, jam, and soy sauce.

45 SSB 5697 relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly, jam, and soy sauce.

Food service products include, but are not limited to, containers, plates, bowls, cups,p. lids, beverage containers, meat trays, deli rounds, utensils, sachets, straws, condiment packaging, clamshells and other hinged or lidded containers, wrap, and portion cups.

42 SB 5697 cups, lids, beverage containers, meat trays, deli rounds, utensils, sachets, straws, condiment packaging, clamshells and other hinged or lidded containers, wrap, and portion cups.

p.(a) Laundry detergents, softeners, and stain removers;

46 SSB 5697 (a) Laundry detergents, softeners, and stain removers;

(i)p. A minimum capacity of eight fluid ounces or its equivalent volume;

43 SB 5697 (i) A minimum capacity of eight fluid ounces or its equivalent volume;

p.(iv) Comprised solely of one or multiple plastic resins;

47 SSB 5697 (iv) Comprised solely of one or multiple plastic resins;

(i)p. If the covered product is sold under the manufacturer's own brand or lacks identification of a brand, the producer is the person who manufactures the covered product;

(ii)44 SB 5697 (i) If the covered product is manufacturedsold byunder athe personmanufacturer's otherown thanbrand theor brandlacks owner,identification of a brand, the producer is the person who ismanufactures the licensee of a brand or trademark under which a covered productproduct; is sold, p.

48(ii) SSBIf 5697the covered 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 covered 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 covered product has agreed to accept responsibility under this chapter;

(A) Less than one ton of a single category of plastic beverage containers, plastic household cleaning and personal care containers, ((or)) plastic trash bags, polypropylene tubstubs, used for food products, PET thermoform plastic containers, or single-use plastic cups each year;

(21)(a) "Utensil" means a product designed to be used by a consumer to facilitate the consumption of food or beverages, includingp. knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers.

45 SB 5697 including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers.

(22)(22)(a) "Durable"Polyethylene good"terephthalate (PET) thermoform plastic container" means a productclear thator providescolored utilityplastic overcontainer, ansuch extendedas perioda clamshell, lid, tray, egg carton, trifold, or similar rigid, nonbottle packaging, formed from sheets of time.extruded PET resin and used to package items for consumers, including:

p.(i) Branded and prepackaged containers that have been filled with products and sealed prior to receipt by the point-of-sale retail location, such as fresh produce, baked goods, nuts, toys, electronics, and tools;

49(ii) SSBContainers 5697that (23)(a)may "Polyethylenebe terephthalatefilled (PET)at thermoformthe plasticpoint-of-sale container"retail meanslocation; 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 PET resin and used to package items for consumers, including:

(i) 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;

(ii) Containers that may be filled at the point-of-sale at a retail establishment;

(24)(23) "Polypropylene tub" means tubs with wide-mouth containers that have a snap-on lid capable of multiple closures or are sealed with a tamper-proof film, and have a maximum capacity or volume of 50 ounces volumetric fill, including:

(a) Branded and prepackaged containers that have been filled with products and sealed prior to receipt by the point-of-sale retail establishment;location, such as fresh produce, baked goods, nuts, toys, electronics, and tools;

(b)p. Containers that may be filled at the point-of-sale at a retail establishment;

46 SB 5697 (b) Containers that may be filled at the point-of-sale retail location;

(25)(24) "Single-use plastic cup" means all nonsealednonsealed, and sealed at point-of-sale, beverage serving cups, except commercially or home p.compostable cups, expanded polystyrene, or plastic-lined fiber cups (i.e., composite cups).

50 SSB 5697 compostable cups, expanded polystyrene, or plastic-lined fiber cups (i.e., composite cups).

22.21.

(c) Beginning January 1, 2026, producers that offer for sale, sell, or distribute in or into WashingtonWashington: polypropylene tubs used for food products must meet minimum postconsumer recycled content requirements established under subsection (7) of this section.

(i) Polypropylene tubs must meet minimum postconsumer recycled content requirements established under subsection (7) of this section;

and (ii) PET thermoform plastic containers must meet minimum postconsumer recycled content requirements established under subsection (8) of this section.

(f)p. Beginning January 1, 2031, producers that offer for sale, sell, or distribute in or into Washington PET thermoform plastic containers except those containing durable goods must meet minimum postconsumer recycled content requirements established under subsection (8) of this section.

(g)47 SB 5697 (f) Beginning January 1, 2036,2031, producers that offer for sale, sell, or distribute in or into Washington durable goods in PET thermoform plastic containers must meet minimum postconsumer recycled p.content requirements established under subsection (8) of this section.

51 SSB 5697 content requirements established under subsection (8) of this section.

(ii) A producer that offers for sale, sells, or distributes in or into Washington single-use plastic cups or polypropylene tubs used for food products or PET thermoform plastic containers must register with the department individually or through a third-party representative registering on behalf of a group of producers on or before January 31, 2023.

Beginning ((April 1)) January 31, 2024, for plastic trash bags and plastic beverage containers other than wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers, ((April 1)) January 31, 2026, for plastic household and personal care product containers, ((and April 1)) January 31, 2027, for polypropylene tubs usedand PET thermoform plastic containers for foodconsumable products,goods, January 31, 2029, for wine in 187 milliliter plastic beverage containers and dairy milk, January 31, 2030, for single-use plastic cups, January 31, 2032, for PET thermoform plastic containers except those used for durable goods, and January 31, 2037,2032, for PET thermoform plastic containers used for durable goods, a producer may submit registration information at the same time as the information submitted through the annual reporting required under RCW 70A.245.030.

5248 SSBSB 5697 70A.245.060 and 70A.245.090 (1), (2), and (4), including rule making, in the next fiscal year for each category of covered products;

(ii) Producers of single-use plastic cups, polypropylene tubstubs, used for food products, or PET thermoform plastic containers, or their third-party representative, must submit a fee payment as determined by the department under (a) of this subsection by May 1, 2023, and every May 1st thereafter.

5349 SSBSB 5697 containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:

5450 SSBSB 5697 (7) A producer of a polypropylene tub must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of polypropylene tubstubs, used for food products, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:

(i) January 1, 2031,2026, through December 31, 2035:2030:

and (ii) On and after January 1, 2036:2031:

On and after January 1, 2036,2031, no less than 30 percent postconsumer recycled content plastic by weight;

5551 SSBSB 5697 (ii) On and after January 1, 2031:

5652 SSBSB 5697 (ii) 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 (5) of this section or below a minimum of 10 percent.

5753 SSBSB 5697 (((10))) (13)(a) A city, town, county, or municipal corporation may not implement local recycled content requirements for a covered product that is subject to minimum postconsumer recycled content requirements established in this section.

23.22.

5854 SSBSB 5697 in this subsection if the producer or third-party representative demonstrates to the department that state level data are not available or feasible to generate.

(c) The requirements of (a) of this subsection apply to polypropylene tubs and PET thermoform plastic containers used for foodconsumable productsgoods beginning April 1, 2027.

(f) The requirements of (a) of this subsection apply to PET thermoform plastic containers except for those used for durable goods beginning April 1, 2032.

(g) The requirementsdepartment ofmust (a)post ofthe thisinformation subsectionreported applyunder tothis PETsubsection thermoformon plasticits containerswebsite, usedexcept foras durableprovided goodsin beginningsubsection April(2) 1,of 2037.this section.

(h) The department must post the information reported under this subsection on its website, except as provided in subsection (2) of this section.

24.23.

(1) Beginning January 1, 2026, a producerperson may not offerdistribute, for sale, sell, or distributeoffer into orsell, into Washington, including by means of remote sale, any covered product that makes a deceptive or misleading claim about its recyclability.

(a) 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 p.

5955 SSBSB 5697 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 7 of this act;

(b) A label is not considered a misleading or deceptive claim of recyclability if it:it is required by another state at the time that the claim is made.

(i) Is required by another state or by a federal law or agency at the time that the claim is made;

(ii) Is part of a widely adopted and standardized third-party labeling system;

or (iii) 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.

(3) Beginning July 1, 2022, 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:

(a) Designated for collection in a producer responsibility organization plan approved by the department as described in section 7 of this act;

(b) Required to display the symbol or statement by another state or by a federal law or agency;

(c) Part of a widely adopted and standardized third-party labeling system;

or (d) 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.

25.24.

(1) Beginning January 1, 2023, 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 p.percent derived from curbside recycling programs.

60 SSB 5697 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, 2023, until the end of such bins' useful life.

26.25.

PACKAGING REGISTRATION CLEARINGHOUSE— PRODUCER REGISTRATION.

(1) 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, and 70A.350 RCW and other relevant laws.

(2) 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.

p.

61 SSB 5697 NEW SECTION.