HB 1131 — Improving Washington's solid waste management outcomes.

Sec.

151 et seq., as amended;

and p.

6 SHB 1131 (vii) Packaging related to containers of architectural paint that has been collected by a stewardship organization under the program established in chapter 70A.515 RCW.

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

and (c) newspapers;paper products that, by any common and foreseeable use, could reasonably be anticipated to become unsafe or unsanitary to handle.

(d) paper designed for use in building construction;

and (e) paper products that, by any common and foreseeable use, could reasonably be anticipated to become unsafe or unsanitary to handle.

(24)p. "Postconsumer recycled content" has the same meaning as defined in section 201 of this act.

6 HB 1131 (24) "Postconsumer recycled content" has the same meaning as defined in section 201 of this act.

(A) If the product is sold in or with packaging under the brand of the product manufacturer or is sold in packaging that lacks identification of a brand, the producer of the packaging is the person that manufactures the packaged product;

(B) If the covered product is sold under the brand of a retail brand,establishment, the producer is the retail brandestablishment; owner;

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

7(ii) SHBFor 1131products Unitedsold Statesor fordistributed use in apackaging commercialin enterpriseor thatinto sells,this offersstate forvia sale,remote sale or distributesdistribution: the product in this state.

(ii)(A) ForThe productsproducer soldof orpackaging distributedused into packagingdirectly inprotect or intocontain thisthe stateproduct viais e-commerce,the remotesame sale,as orthe distribution:producer for purposes of (a)(i) of this subsection;

(A)(B) ForThe producer of packaging used to directlyship protect or contain the product,product theto producera ofconsumer packaging is the sameperson asthat thepackages producerand forships purposesthe ofproduct (a)(i)to ofthe thisconsumer. subsection;

and(iii) (B) For packagingall usedother topackaging shipthat theis product to a consumer,covered product, the producer of the packaging is the person that packagesfirst anddistributes ships the packaged product toin theor consumer.into this state.

(iii) For packaging that is a covered product and is not included in (a)(i) and (ii) of this subsection, the producer of the packaging is the person that first distributes the packaged product in or into this state.

(A)p. The person that manufactures the paper product under the manufacturer's own brand;

7 HB 1131 (A) The person that manufactures the paper product under the manufacturer's own brand;

(vi) A person who would be considered a "producer" of a covered product sold, offered for sale, or distributed in or into this state, as defined in (a)(i) through (v) of this subsection, can designate another responsible producer for that covered product if another person agrees to accept responsibility and has registered as the producer responsible for that covered product under this chapter.

p.(i) Government agencies, municipalities, or other political subdivisions of the state;

8 SHB 1131 (i) Government agencies, municipalities, or other political subdivisions of the state;

(28)(a)p. "Public place" is an indoor or outdoor location open to and generally used by the public and to which the public is permitted to have access including, but not limited to, streets, sidewalks, plazas, town squares, public parks, beaches, forests, or other public land open for recreation or other uses, and transportation facilities such as bus and train stations, airports, and ferry terminals.

8 HB 1131 (28)(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 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.

p.(30)(a) "Recycled material" means material derived from covered products that is reprocessed into products or delivered as feedstocks or commodities to a responsible end market for use in the production of new products whether for the original or another purpose.

9 SHB 1131 (30)(a) "Recycled material" means material derived from covered products that is reprocessed into products or delivered as feedstocks or commodities to a responsible end market for use in the production of new products whether for the original or another purpose.

(33) "Responsible"Retail producer"establishment" meansincludes aany producerperson, corporation, partnership, business, facility, vendor, organization, or individual that issells notor aprovides demerchandise, minimisgoods, producer.or materials directly to a customer.

(34) "Retail"Reusable" establishment"means: includes any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer.

(35) "Reusable" means:

(i)p. Explicitly designed and marketed to be utilized multiple times for the same product, or for another purposeful packaging use in a supply chain;

9 HB 1131 (i) Explicitly designed and marketed to be utilized multiple times for the same product, or for another purposeful packaging use in a supply chain;

p.(i) Explicitly designed and marketed to be utilized multiple times for the same product;

10 SHB 1131 (i) Explicitly designed and marketed to be utilized multiple times for the same product;

and (iii) Supported by adequate and convenient availability of servicesretail or infrastructure to ensure the packaging can be conveniently and safely reused or refilled by the consumer multiple times.

(36)(35) "Reused material" means material that is collected after use and reused for its original or similar purpose or function.

(37)(36) "Rigid plastic" means any covered product made of polymers that is rigid or semirigid in form, including foams.

(38)(37) "Socially just management" means practices that:

and (c) Prevent or, if not preventable, minimize and mitigate impacts to overburdened communities or vulnerable populations identified by the department.department under chapter 70A.02 RCW.

(39)(38) "Steel" means any covered product made of a ferrous metal substance.

(40)(39) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010.

(1)(a) Beginning JulyJanuary 15, 2024, each producer that offers for sale, sells, or distributes in or into Washington a covered productp. must join a producer responsibility organization that is registered with the department or register with the department as a producer responsibility organization.

10 HB 1131 product must join a producer responsibility organization that is registered with the department or register with the department as a producer responsibility organization.

(b) UntilA person who would be determined to be the conclusionproducer of thea initialcovered planproduct, implementationbased periodon the definition of "producer" as provideddefined underin section 108102 of this act, theis departmentnot mustrequired onlyto acceptjoin the registration of a single producer responsibility organization,organization otherfor thanthat anycovered producersproduct thatif registeranother individuallyperson ashas joined a producer responsibility organization.organization and registered as the producer responsible for that covered product under this chapter.

Until the conclusion of the initial plan implementation period, producers of covered products p.

11 SHB 1131 must either join the producer responsibility organization or register individually as a producer responsibility organization for purposes of compliance under this section.

If applications for more than one producer responsibility organization are submitted to the department by July 15, 2024, not counting applications submitted by individual producers, the department must determine which proposed producer responsibility organization can most effectively implement this chapter.

(c) If more than one producer responsibility organization is registered with the department, the producer responsibility organizations must submit a coordination plan to the department for approval.

If requested by the producer responsibility organizations, the department may serve as a coordinating body or oversee coordination of producer responsibility organization plans.

The requirements of this subsection apply to the initial plan period consisting of a single producer responsibility organization and any producers registering individually, and subsequent plan periods where multiple producer responsibility organizations and individual producers may register with the department.

(d) A person who would be determined to be the producer of a covered product, based on the definition of "producer" as defined in section 102 of this act, is not required to join a producer responsibility organization for that covered product if another person has joined a producer responsibility organization and registered as the producer responsible for that covered product under this chapter.

(3) By JulyJanuary 15, 2024, and each JulyJanuary 15th thereafter, each producer, through a submission by a producer responsibility organization, must register with the department.

p.(ii) If there are changes to the list of member producers and brands or members of the board of directors by the end of a given quarter, a producer responsibility organization must submit an updated list to the department within 30 days of the end of that quarter.

12(b) SHBUntil 1131a (ii)producer Ifresponsibility thereorganization arebegins changes to thesubmit listannual ofreports, memberas producersspecified andunder brandssection 120 or members210 of thethis boardact, of directors by the endfollowing ofdata afor given quarter, a producer responsibility organization must submit an updated list to the departmentprior withincalendar 30year: days of the end of that quarter.

(b) Until a producer responsibility organization begins to submit annual reports, as specified under section 119 or 209 of this act, the following data for the prior calendar year:

(ii) A description of how the producer responsibility organization has distinguished and apportioned the quantities of packaging and paper products sold or supplied to consumers that are considered covered products under this chapter, from quantities of packagingp. and paper products sold or supplied for other uses that are not considered covered products under this chapter.

11 HB 1131 packaging and paper products sold or supplied for other uses that are not considered covered products under this chapter.

(4) By June 30, 2025,2024, and every June 30th thereafter, every registered producer responsibility organization must submit an annual payment to the department for the precedingfollowing fiscal year, as determined by the department in section 104 of this act, to fund the:

and (c) Support and facilitation of the advisory council created in section 120121 of this act.

(5) Beginning July 1, 2026, or within six months of the first adoption of rules relating to this chapter, whichever is later, every registered producer responsibility organization must submit a plan meeting the requirements of section 107 of this act to the department for approval consistent with the requirements of this chapter.

(a) A producer responsibility organization registered with the department as of January 15, 2026, must:

(i) Implement its plan as approved by the department by July 1, 2027, or within six months of plan approval, whichever is later;

(ii) Submit the annual postconsumer recycled content report to the department in April for the prior calendar year required in section 210 of this act;

and (iii) Submit an annual report for the prior calendar year to the department consistent with section 120 of this act by July 1, 2028, and each July 1st thereafter.

1312 SHBHB 1131 (5)(b) WithinA six months of the first adoption of rules relating to this chapter, every registered producer responsibility organization mustregistering submitfor a plan meeting the requirementsfirst oftime sectionwith 107 of this act to the department forafter approvalJanuary consistent15, with2026, themust: requirements of this chapter.

(a) A producer responsibility organization registered with the department as of July 15, 2026, must:

(i) Implement its plan as approved by the department by January 1, 2028, or within six months of plan approval, whichever is later;

(ii) Submit the annual postconsumer recycled content report to the department in April for the prior calendar year required in section 209 of this act;

and (iii) Submit an annual report for the prior calendar year to the department consistent with section 119 of this act by July 1, 2029, and each July 1st thereafter.

(b) A producer responsibility organization registering for the first time with the department after July 15, 2026, must:

(v) Submit the annual postconsumer recycled content report for the prior calendar year required in section 209210 of this act;

and (vi) Submit an annual report for the prior calendar year to the department consistent with section 119120 of this act by July 1st, beginning the first year after plan implementation.

The department's implementation, administration, and enforcement duties under this chapter, including the requirements of this section, are p.supplemented by the provisions of chapter 70A.--- RCW (the new chapter created in section 602 of this act).

14(2)(a) SHBBy 1131April supplemented1, by2024, theand provisionsevery ofApril chapter1st 70A.---thereafter, RCWthe (thedepartment newmust: chapter created in section 602 of this act).

(2)(a) By April 1, 2025, and every April 1st thereafter, the department must:

and (B)p. Support and facilitation of the advisory council created in section 120 of this act;

13 HB 1131 (B) Support and facilitation of the advisory council created in section 121 of this act;

(3) The department must review the performance rates proposed by producer responsibility organizations as required in section 111 of p.this act and which must be achieved by the ninth calendar year from the effective date of this section.

15 SHB 1131 this act and which must be achieved by the ninth calendar year from the effective date of this section.

The producer responsibility organization must submitp. new or revised proposed performance rates within 30 days after receipt of the letter of disapproval.

14 HB 1131 submit new or revised proposed performance rates within 30 days after receipt of the letter of disapproval.

(I) Use the enforcement powers specified in section 123124 of this act;

or p.(II) Amend the contents of the insufficient new or revised plan in a manner that ensures that the plan meets the requirements of this chapter and the department may require the producer responsibility organization to implement the plan as amended by the department.

16 SHB 1131 (II) Amend the contents of the insufficient new or revised plan in a manner that ensures that the plan meets the requirements of this chapter and the department may require the producer responsibility organization to implement the plan as amended by the department.

(5) The department must review annual reports submitted by producer responsibility organizations as required in section 119120 of this act and under chapter 70A.--- RCW (the new chapter created in section 602 of this act).

(b)p. Review within 120 days of receipt of a complete annual report;

(c)15 MakeHB a1131 determination(b) asReview towithin whether120 ordays not an annual report meets the requirements of sectionreceipt 119 of thisa actcomplete andannual notifyreport; the producer responsibility organization of the:

(c) Make a determination as to whether or not an annual report meets the requirements of section 120 of this act and notify the producer responsibility organization of the:

or p.(ii) To which Washington supplies, or has the potential to supply, significant quantities of covered products.

17 SHB 1131 (ii) To which Washington supplies, or has the potential to supply, significant quantities of covered products.

These locations or entities may include, but are not limited to, public places and official gatheringsgatherings. at which a local government provides solid waste services.

These locations or entities may not include retail establishments.

(a)p. Lists each registered producer responsibility organization along with its member producers and their covered products that are included under the producer responsibility organization's plan;

16 HB 1131 (a) Lists each registered producer responsibility organization along with its member producers and their covered products that are included under the producer responsibility organization's plan;

(2)(a) The performance rates study must be completed by SeptemberApril 1, 2024, and must:

(i) Use the recycling rates from the department'sstudy Januarysubmitted 2023to Washingtonthe Consumerlegislature Packagingpursuant andto Papersection Study:302(59), chapter 297, Laws of 2022;

Recycling(ii) RateReview Assessmentthe performance rates set and Recommendations;achieved in jurisdictions with producer responsibility programs for packaging or similar programs and evaluate whether those rates are applicable in the state;

(ii)(iii) UseRecommend relevantperformance informationrates, and recommendations from the department's 2020 plastic packaging study reports, including:

(A) Plastic Packaging in Washington:

Assessing Use, Disposal, and Management;

(B) Recycled Content Use in Washington:

Assessing Demand, Barriers, and Opportunities;

p.

18 SHB 1131 (C) Successful Plastic Packaging Management Programs and Innovations:

Washington Plastic Packaging Management Study;

(D) Recommendations for Managing Plastic Packaging Waste in Washington;

and (E) Evaluation, Assessment, and Recommendations for the Responsible Management of Plastic Packaging in Washington;

(iii) Review the performance rates set and achieved in jurisdictions with producer responsibility programs for packaging or similar programs and evaluate whether those rates are applicable in the state;

(iv) Recommend performance rates, including:

and (D) If a distributor responsibility organization under chapter 70A.--- RCW (the new chapter created in section 603 of this act) has notified the department of its intent to implement a deposit return system at least six months prior to the date of the completion of a new or updated performance rates study under this section, alternate rates as described under (a)(iv)(a)(iii) (A) through (C) of this subsection that exclude qualifying beverage containers that are to be managed under the deposit return system.

(b) Recommendations under (a) of this subsection must consider the feasibility of achieving recommended rates based on current rates achieved in the state, rates achieved in other jurisdictions with similarp. programs, and additional relevant data.

17 HB 1131 similar programs, and additional relevant data.

(c) The advisory council and any producer responsibility organization that is registered with the department by JulyJanuary 15, 2024, must have the opportunity to review and comment on a draft performance rates study prior to its completion.

(3) The first statewide needs assessment must be completed by July 1, 2025, and must be consistent with the following requirements:

p.(a) The final scope of the statewide needs assessment must be determined after considering comments and recommendations from the advisory council established in section 121 of this act, from the utilities and transportation commission, and from any producer responsibility organization that is registered with the department by January 15, 2024;

19and SHB(b) 1131 (a) The finalutilities scope of the statewide needs assessment must be determined after considering comments and recommendationstransportation fromcommission, the advisory council establishedcreated in section 120121 of this act, fromand theregistered utilitiesproducer andresponsibility transportationorganizations commission,must andhave fromthe anyopportunity producerto responsibilityreview organizationand thatcomment ison registeredthe withdraft thestatewide departmentneeds byassessment Julyprior 15,to 2024;its completion.

and (b) The utilities and transportation commission, the advisory council created in section 120 of this act, and registered producer responsibility organizations must have the opportunity to review and comment on the draft statewide needs assessment prior to its completion.

(ii) Education and outreach activities relative to the standards specified in section 118119 of this act;

(iii)p. Availability and performance of collection, transport, and processing capacity and infrastructure relative to the management standards specified in section 110 of this act and the approved performance rates submitted by producer responsibility organizations, including consideration of material quality and contamination;

18 HB 1131 (iii) Availability and performance of collection, transport, and processing capacity and infrastructure relative to the management standards specified in section 110 of this act and the approved performance rates submitted by producer responsibility organizations, including consideration of material quality and contamination;

and p.(vi) Infrastructure or other factors necessary to enable reuse of covered products or the recycling of covered products not currently recycled in the residential recycling system;

20(b) SHBCompile 1131information (vi)related Infrastructureto oractual costs incurred by government entities for curbside collection services, drop-off collection services, and other factorsinformation necessaryrelevant to enablethe reusefunding ofrequirements coveredfor productsproducer orresponsibility theorganizations recyclingin accordance with section 112 of coveredthis productsact, notincluding currentlycosts recycledfor invarious service methods recommended by producer responsibility organizations during the residentialstudy recyclingscoping system;process;

(b) Compile information related to actual costs incurred by government entities, including entities of sparsely populated, remote areas and dense urban areas, for curbside collection services, drop- off collection services, and other information relevant to the funding requirements for producer responsibility organizations in accordance with section 112 of this act, including costs for various service methods recommended by producer responsibility organizations during the study scoping process;

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

(v) Geographic location or other variables contributing to regional differences in costs,costs; including sparsely populated, remote areas and dense urban areas;

and (vii) Any other factors,factors recycled commodity material revenue, as determined to be necessary by the department, with input from producer responsibility organizations, the advisory council, and the utilities and transportation commission;

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

(e)19 HB 1131 (d) Identify issuescost factors and other variables to be considered in the development of areimbursement servicerates agreementto templategovernment outliningentities termsfor andany conditionsservices forother p.than curbside collection that may be included in producer responsibility organization plans to be carried out by government entities;

21(e) SHBIdentify 1131issues to be considered in the development of a service agreement template outlining terms and conditions for reimbursement to government entities for services delivered in accordance with the requirements of this chapter;

(f) Compile relevant information to be considered in the development of criteria by the department to determine whether a covered product is recyclable, reusable, or compostable.compostable, consistent with section 104 of this act.

The department may adopt rules establishing criteria for the determination of whether a covered product is recyclable, reusable, or compostable.

and (F)p. Recommendations for improving socially just management practices and outcomes in the state's recycling system, including considerations for how a producer responsibility organization implementing a plan can support this objective as it relates to activities required under this chapter;

p.20 HB 1131 (F) Recommendations for improving socially just management practices and outcomes in the state's recycling system, including considerations for how a producer responsibility organization implementing a plan can support this objective as it relates to activities required under this chapter;

22 SHB 1131 (h) Evaluate the extent to which covered products contribute to litter and marine debris for the purpose of informing how a producer responsibility organization implementing a plan can support litter and marine debris prevention as it relates to activities required under this chapter.

The information compiled is intended to inform the development of eco-modulation factors by a producer responsibility organization that incentivize the reduction of toxic substances that have potentially negative impacts when covered products are managed through reuse, recycling, and home and commercial composting systems.

Any(b) updatesThe mustscope includeof ana evaluationneeds assessment update may be adjusted to modify or omit study elements described under subsection (3) of publicthis placesection, recyclingafter needsconsultation priorwith tothe advisory council, the departmentutilities consideringand atransportation requirement,commission, and any producer responsibility organization by rule,January for15th publicof placethe recyclingyear fundingin activitieswhich underthe sectionstatewide 104(8)needs ofassessment thisupdate act.is to be conducted.

(b) The scope of a needs assessment or needs assessment update may be adjusted to modify or omit study elements described under subsection (3) of this section, after consultation with the advisory council, the utilities and transportation commission, and any producer responsibility organization by January 15th of the year in which the statewide needs assessment update is to be conducted.

2321 SHBHB 1131 (ii) Determining the data needs and tracking opportunities to increase the transparency and support of a more effective, fact-based public understanding of the recycling industry.

(d) A needs assessment performed prior to January 1, 2029, that includes an analysis of the plastic resin market as described in (c) of this subsection is sufficient to satisfy the requirements of RCW 70A.245.060.

The producer responsibility organization, through the consultation process, must solicit and respond to input and recommendations from the advisory council established in section 120121 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 104104(4) (4) of this act.

(a) OpportunitiesQuarterly formeetings allopen stakeholders,to including the advisorypublic council,with the utilitiesadvisory andcouncil transportationsubject commission,to andthe membersrequirements of thechapter public42.30 toRCW providethroughout comment on the plan fordevelopment noprocess less than 30 days prior to itsdiscuss submissionand toreview thekey department;plan elements;

and (b) DocumentationConsultation ofon all comments received from the advisorybase councilcost andformulas otherto stakeholders,be andused summaryfor ofcalculating responsesper providedunit byreimbursement therates producerto responsibilitygovernment organizationentities for purposescurbside ofcollection aservices; p.

24(c) SHBConsultation 1131on stakeholderthe consultationreimbursement reportrates to be includedused withfor theany submissionservices ofother athan plancurbside collection that are to thebe department.carried out by government entities and that may be included in producer responsibility organization plans;

p.

22 HB 1131 (d) Consultation on the service agreement template and any other forms, contracts, or documents outlining the terms and conditions for reimbursement to government entities for services delivered in accordance with the requirements of this chapter;

(e) Prudency review by the utilities and transportation commission of base cost formulas proposed to be used for calculating reimbursement rates for government entities, as described in section 115 of this act.

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

(i) Before base cost formulas are submitted to the department as part of a producer responsibility organization plan, the utilities and transportation commission must conduct a prudency review;

(ii) Within 45 days after receiving base cost formulas from a producer responsibility organization, the utilities and transportation commission must review the formulas and shall advise the producer responsibility organization and the advisory council on the prudency of the reimbursement rates to be paid by a producer responsibility organization to government entities for costs incurred in delivery of services in accordance with the requirements of this chapter;

(f) Opportunities for all stakeholders, including the advisory council, the utilities and transportation commission, and members of the public to provide comment on the plan for no less than 30 days prior to its submission to the department;

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

and (h) Documentation of all comments received from the advisory council and other stakeholders, and summary of responses provided by the producer responsibility organization for purposes of a stakeholder consultation report to be included with the submission of a plan to the department.

PLAN CONTENTS—OVERVIEW.CONTENTS — OVERVIEW.

(2)p. A list and explanation of the covered products supplied or sold in or into Washington by each member producer and their brands of covered products participating in the plan;

23 HB 1131 (2) A list and explanation of the covered products supplied or sold in or into Washington by each member producer and their brands of covered products participating in the plan;

(5) How the producer responsibility organization will encourage and incentivize redesign of covered products to be reusable, recyclable, or compostable.compostable, including a description of any application of the authority for the producer responsibility organization to establish postconsumer recycled content requirements under section 213 of this act;

Nothing in this chapter requires any individual producer to redesign covered products to reduce waste or to be reusable, recyclable, or compostable, or requires any individual covered product to be reusable, recyclable, or compostable;

(7) How the producer responsibility organization will fund reuse and recycling infrastructure and market development in Washington state as described in section 117118 of this act;

and p.(iii) Through public place collection;

25 SHB 1131 (iii) Through public place collection;

(10)(a) A list and description of any covered products that are compostable and the collection systems and processing infrastructure andp. other activities that will be used to ensure responsible management of compostable covered products;

24 HB 1131 and other activities that will be used to ensure responsible management of compostable covered products;

p.(12) Proposed performance rates for covered products reported as supplied, as described in section 111 of this act, including a description of the basis and reasoning for the rates proposed;

26 SHB 1131 (12) Proposed performance rates for covered products reported as supplied, as described in section 111 of this act, including a description of the basis and reasoning for the rates proposed;

(14) Activities to be undertaken to implement the education and outreach component as required under section 118119 of this act;

The producer responsibility organizationp. shall provide a description of how the producers would propose to structure agreements to purchase recycled materials from material recovery facilities or other processing facilities, reclaimers, or other end markets to support producers' priority access to commodities, based on fair market pricing for commodities of comparable quality and considering long-term contracts and other purchase arrangements;

25 HB 1131 organization shall provide a description of how the producers would propose to structure agreements to purchase recycled materials from material recovery facilities or other processing facilities, reclaimers, or other end markets to support producers' priority access to commodities, based on fair market pricing for commodities of comparable quality and considering long-term contracts and other purchase arrangements;

(18) A description of how plan implementation will maintain responsible management practices for covered products through to final disposition and ensure that any covered products collected for recycling will be delivered to a responsible end marketmarket; as reported by material recovery facilities under section 110 (5) of this act;

p.(b) A description of the reimbursement rates to be used for any services other than curbside collection included in the plan that are to be carried out by government entities;

27 SHB 1131 (b) A description of the reimbursement rates to be used for any services other than curbside collection included in the plan that are to be carried out by government entities;

and (iv)p. How the producer responsibility organization will work with government entities and other stakeholders to achieve successful implementation of the services for which the producer responsibility organization provides reimbursement;

26 HB 1131 (iv) How the producer responsibility organization will work with government entities and other stakeholders to achieve successful implementation of the services for which the producer responsibility organization provides reimbursement;

(22) A stakeholder consultation report, as described in section 106(3)(b)106(3)(h) of this act;

(23) A description of a third-party process to resolve disputes for determining and paying the reasonable costs that arise between a producer responsibility organization and a government entity or a recycling service provider;provider.

(24)This Aprocess descriptionmust ofbe howreviewed by the advisory council to ensure the producer responsibility organization willcovers coordinatecosts withrelated otherto producerthis responsibilitychapter organizations and anybecomes distributoreffective responsibilityupon organizationsplan formedapproval p.by the department;

28(24) SHBA 1131description underof chapterhow 70A.---the RCWproducer (theresponsibility neworganization chapterwill createdcoordinate inwith sectionother 603producer ofresponsibility thisorganizations act) in the state, in specific terms if more than one producer responsibility organization or distributor responsibility organization is registered with the department as of the date of a plan's submission, and in general terms addressing coordination priorities to ensure the smooth implementation of this chapter in the event an additional plan or plans become registered with the department during the period of plan implementation;

(26)p. The contingency plan described in section 109 of this act;

27 HB 1131 (26) The contingency plan described in section 109 of this act;

(1)(a) The initial planplans due to be submitted under section 103(5) of this act,act and updated plans, may address no more than fivethree calendar years.years, dating from the date on which the plan is due to be submitted to the department.

(b)Within Atwo produceryears responsibilityof organizationimplementation mustof submitits toinitial theplan, department,a oneproducer yearresponsibility priororganization tomust thesubmit expiration of any plan, an updated plan for the following five calendar years of operation to address changes in the operations and activities of the program.

Updated(b) For plans other than those described in (a) of this subsection, a producer responsibility organization must besubmit designeda plan to beginthe department that addresses five calendar years of operation, dating from the date on which the existing plan is expecteddue to ceasebe submitted to bethe indepartment. effect.

(c)A If the performance rates set in a producer responsibility organization plan asis describedvalid in section 111 of this act have not been met as of the time of plan update, the producer responsibility organization must arrange for anno independentmore evaluationthan tofive beyears. conducted of the producer responsibility organization's efforts to implement the plan approved by the department.

(c) For all subsequent plans submitted after the initial plan, a producer responsibility organization must submit to the department, one year prior to the expiration of the plan, an updated plan for the following five calendar years of operation to address changes in the operations and activities of the program.

(d) If the performance rates set in a producer responsibility organization plan as described in section 111 of this act have not been met as of the time of plan update, the producer responsibility organization must arrange for an independent evaluation to be conducted of the producer responsibility organization's efforts to implement the plan approved by the department.

(d)(e) A producer responsibility organization must carry out the consultation process established in section 106 of this act prior to the submission of each plan and plan update.

The consultation process established in section 106 of this act is not required to be carried p.out by a producer responsibility organization that is submitting a revised plan:

29 SHB 1131 out by a producer responsibility organization that is submitting a revised plan:

or (ii)p. Subsequent to a letter disapproving of a plan submission by the producer responsibility organization and for which the original plan submitted by the producer responsibility organization had been subject to the consultation process required in section 106 of this act.

28 HB 1131 (ii) Subsequent to a letter disapproving of a plan submission by the producer responsibility organization and for which the original plan submitted by the producer responsibility organization had been subject to the consultation process required in section 106 of this act.

or p.(e) In any other event that the producer responsibility organization can no longer carry out plan implementation.

30(2) SHBThe 1131contingency (e)plan Inrequired anyin otherthis eventsection thatmust thebe producersubmitted responsibilityto organizationthe candepartment noas longera carrycomponent outof planthe implementation.producer p.

(2)29 TheHB contingency1131 plan required in this section must be submitted to the department as a component of the producer responsibility organization's initial plan submitted to the department under section 103(5) of this act.

and p.(ii) Describe whether the processing facilities were preexisting, planned, or under construction as of plan approval.

31(4)(a) SHBPrior 1131to (ii)program Describeuse whetherof theany processingalternative facilitiesrecycling wereprocess preexisting,for planned,conversion orof underpostuse constructionplastic aspolymers for the purpose of planproducing approval.recycled material to be counted toward performance rates p.

(4)(a)30 PriorHB to1131 program use of any alternative recycling process for conversion of postuse plastic polymers for the purpose of producing recycled material to be counted toward performance rates under this chapter, the producer responsibility organization must seek the department's approval and submit a third-party assessment of the process's environmental impacts, as described under this subsection.

(5)(a) Material recovery facilities and other processing facilities receiving covered products from government entities or private service providers collected through activities undertaken in accordance with this chapter must measure and report annually to the department by commodity type and material category, in a form and format approved by the department, on the following parameters associated with covered products and qualifying beverage containers p.subject to the provisions of chapter 70A.--- RCW (the new chapter created in section 603 of this act) received and processed:

32 SHB 1131 subject to the provisions of chapter 70A.--- RCW (the new chapter created in section 603 of this act) received and processed:

(iv)p. Outbound material tons and end markets by commodity type, including whether the end markets are domestic, export to organization for economic cooperation and development countries, or export to facilities in other countries that meet organization for economic cooperation and development operating standards;

31 HB 1131 (iv) Outbound material tons and end markets by commodity type, including whether the end markets are domestic, export to organization for economic cooperation and development countries, or export to facilities in other countries that meet organization for economic cooperation and development operating standards;

p.NEW SECTION.

33 SHB 1131 NEW SECTION.

(1) By JanuaryJuly 1, 2025,2024, any registered producer responsibility organization must submit to the department proposed performance rates for covered products reported by the producer responsibility organization as supplied into the state to be achieved by the ninth calendar year from the effectivep. date of this section.

32 HB 1131 effective date of this section.

p.(c) Proposed rates must adhere to the performance rate calculation methodology established in subsections (3), (4), and (5) of this section.

34(d) SHBAny 1131plan (c)submitted Proposedto ratesthe mustdepartment adhereprior to the performanceninth ratecalendar calculationyear methodologyfrom establishedthe ineffective subsectionsdate (3),of (4),this andsection (5)must ofalso thisp. section.

(d)33 AnyHB plan1131 submitted to the department prior to the ninth calendar year from the effective date of this section must also include performance rates to be achieved by the ninth calendar year from the effective date of this section.

(3) For the purposes of this chapter, the departmentamount mustof adoptrecycled rulesmaterial formust measuringbe measured at the performancefollowing ratescalculation ofpoint for each material category of covered products included in athe producerplan, responsibilityto organizationbe plan.counted as recycled:

(a) Rigid plastic material other than beverage containers that:

(i) Is delivered to a facility for flaking, pelletization, extrusion, molding, or an approved alternative recycling process for conversion of postuse plastic polymers for use in the production of new products whether for the original or another purpose;

or (ii) Is compostable and is delivered to an organic materials management facility as defined in RCW 70A.205.015 under an agreement with that facility.

Rigid plastic material that is compostable and managed through composting must be measured and reported separately from other rigid plastic material to be counted as recycled;

(b) Plastic beverage containers that:

(i) Are delivered to a facility for flaking, pelletization, extrusion, molding, or an approved alternative recycling process for conversion of postuse plastic polymers for use in the production of new products whether for the original or another purpose;

or (ii) Are compostable and are delivered to an organic material management facility as defined in RCW 70A.205.015 under an agreement with that facility.

Plastic beverage containers that are compostable and managed through composting must be measured and reported separately from other rigid plastic materials to be counted as recycled;

(c) Flexible plastic material that:

(i) Is delivered to a facility for flaking, pelletization, extrusion, molding, or an approved alternative recycling process for conversion of postuse plastic polymers for use in the production of new products whether for the original or another purpose;

or (ii) Is compostable and is delivered to an organic materials management facility as defined in RCW 70A.205.015 under an agreement with that facility.

Flexible plastic material that is compostable and p.

34 HB 1131 managed through composting must be measured and reported separately from other flexible plastic material to be counted as recycled;

(d) Paper material that:

(i) Is delivered to a pulping operation or other facility for use in the production of new products whether for the original or another purpose;

or (ii) Is compostable and is delivered to an organic materials management facility as defined in RCW 70A.205.015 under an agreement with that facility.

Paper material that is compostable and managed through composting must be measured and reported separately from other paper material to be counted as recycled;

(e) Aluminum material that is delivered to a metal smelter or furnace or other facility for use in the production of new products whether for the production of aluminum containers and products;

(f) Steel material that is delivered to a metal smelter or furnace or other facility for use in the production of new products whether for the production of steel containers and products;

(g) Glass material that is delivered to a glass furnace or other facility for the production of glass containers and products;

(h) For materials that are not included in the material categories listed in (a) through (g) of this subsection, the calculation point must be proposed and described by the producer responsibility organization in its plan and annual report and is subject to approval by the department in order to be included in the performance rate calculation.

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

35 HB 1131 costs of plan implementation.

(i) A de minimis level in which no fees are charged by the producer responsibility organization,organization; determined by weight of covered products sold into the state;

(ii) Additional charges applied specifically to producers of postconsumer recycled content products covered by the requirements of chapter 70A.--- RCW (the new chapter created in section 602 of this act), in an amount roughly equivalent to fully cover the producer p.responsibility organization's costs of implementing its duties under chapter 70A.--- RCW (the new chapter created in section 602 of this act), including funding the oversight of the department;

35 SHB 1131 responsibility organization's costs of implementing its duties under chapter 70A.--- RCW (the new chapter created in section 602 of this act), including funding the oversight of the department;

(b) A producer responsibility organization shall allow producers of covered products that are newspapers or magazines to satisfy their obligations under this section by providing advertisement or publication supporting the education and outreach activities required under section 118119 of this act in their newspapers, magazines, or on their websites in lieu of program fees as long as the value of the advertisement is equivalent to the estimated cost of managing the covered products that are newspapers or magazines, which are to be determined as described in subsection (4) of this section.

(4) A producer responsibility organization must base the system of fees assessed to producers upon the estimated cost of managing the material categories of covered products,products whileor seekinga tosimilar avoidapproach aproposed materialby categorythe thatproducer subsidizesresponsibility anyorganization otherincluding, materialbut category.not limited to, consideration of the following factors:

In establishing a system of fees, a producer responsibility organization must consider the following factors:

Examples of activities thatp. a fee system may include to satisfy the requirement to use eco- modulation factors include, but are not limited to:

(i)36 EncourageHB designs1131 that facilitatea andfee improvesystem infrastructuremay andinclude systemsto forsatisfy reuse,the recycling,requirement andto homeuse andeco- industrialmodulation composting,factors andinclude, thatbut achieveare reuse,not recycling,limited andto: home and industrial composting;

(i) Encourage designs that facilitate and improve infrastructure and systems for reuse and recycling, and that achieve reuse and recycling;

p.(iv) Discourage the use of problematic or difficult to recycle materials that increase system costs of managing covered products;

36and SHB(v) 1131Encourage (iv)other Discouragedesign attributes that reduce the useenvironmental impacts of problematiccovered orproducts difficultas todemonstrated recycleby materialsevaluations thatperformed increasein systemaccordance costswith ofstandards managingestablished coveredby products;the department under section 104 of this act.

and (v) Encourage other design attributes that reduce the environmental impacts of covered products.

(a)p. Curbside collection must be provided to residents in single- family and multifamily residences wherever curbside garbage collection services are provided to these entities, except in areas where a county has adopted an ordinance after the effective date of this section that designates that covered products must be collected exclusively through alternate collection, and except for covered products designated for alternate collection under a producer responsibility organization plan.

(b)(i)37 InHB jurisdictions1131 without(a) Curbside collection must be provided to residents in single- family and multifamily residences wherever curbside garbage collection,collection andservices inare allprovided areasto these entities, except for covered products designated for alternate p.collection.

37(b)(i) SHBIn 1131jurisdictions 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:

Collection in additional locations is subject to mutual agreement by the producer responsibilityp. organization and the government entity or other entity responsible for the public place.

(2)38 InHB any1131 jurisdictionresponsibility whereorganization collectionand of source separated recyclable materials from residences is provided by a city or town under the authoritygovernment ofentity RCW 35.21.120, by a county under the authority of RCW 36.58.040, or byother aentity companyresponsible thatfor holds an applicable certificate under the authoritypublic ofplace. chapter 81.77 RCW, a producer p.

38(2) SHBIn 1131any jurisdiction where collection of source separated recyclable materials from residences is provided by a city or town under the authority of RCW 35.21.120, by a county under the authority of RCW 36.58.040, or by a company that holds an applicable certificate under the authority of chapter 81.77 RCW, a producer responsibility organization must meet its curbside collection service obligation through the curbside collection service in the jurisdiction as described in section 114 of this act.

(2)(a) A city, town, county, or other government entity may enter into contractual agreements with a producer responsibility organization or organizations for the purposes of reimbursement of costs of services provided in accordance with the requirements of this chapter.

(b) A producer responsibility organization must reimburse the government entity for services delivered in accordance with the requirements of this chapter as described in section 115 of this act.

39 SHBHB 1131 (c)(2)(a) A governmentcity, entitytown, iscounty, notor restrictedother fromgovernment includingentity additionalmay materialsenter ininto curbsidecontractual oragreements noncurbsidewith collectiona thatproducer areresponsibility notorganization partor oforganizations for the statewidepurposes list of coveredreimbursement productsof designatedcosts forof collection,services butprovided ain produceraccordance responsibility organization is not obligated to reimburse costs associated with the additionalrequirements materials.of this chapter.

(b) A producer responsibility organization must reimburse the government entity for services delivered in accordance with the requirements of this chapter as described in section 115 of this act.

(c) A government entity is not restricted from including additional materials in curbside or noncurbside collection that are not part of the statewide list of covered products designated for collection, but a producer responsibility organization is not obligated to reimburse costs associated with the additional materials.

(4) AGovernment countyentities may,are bynot ordinance,obligated directto thatprovide coveredresident productseducation designatedand foroutreach collectionunder bythis achapter producerbut responsibilitymay organizationcarry planout beor collectedcontract exclusivelyfor throughresident alternateeducation collectionand inoutreach areasconsistent regulatedwith byproducer theresponsibility utilitiesorganization andplan transportationprovisions commission under thesection provisions119 of chapterthis 81.77act RCWand ifbe thereimbursed areafor was designated as rural in the countycosts solidof wasteeducation management plan and nooutreach curbsideperformed recyclingby collectionthe servicegovernment wasentity offered within those areas as ofdescribed thein effectivesection date115 of this section.act.

(5) GovernmentA entitiescity, aretown, notor obligatedcounty tomay providenot residentenact educationan andordinance outreachrequiring underproducers thisof chaptercovered butproducts mayto carryprovide outresidential orrecycling contractservices for residentcovered educationproducts andthat outreachare consistentadditional withto producerthe responsibilityrequirements organization plan provisions under section 118 of this actchapter andunless beproducers reimbursedare fornot therequired coststo offully educationfund and outreach performed by the governmentrequirements entityof asthis describedchapter inunder section 115112 of this act.

(6) A city, town, or county may not enact an ordinance requiring producers of covered products to provide residential recycling services for covered products that are additional to the requirements of this chapter unless producers are not required to fully fund the requirements of this chapter under section 112 of this act.

40 SHBHB 1131 to seek reimbursement for costs incurred in delivering curbside collection services, whether these services are provided directly or through a contracted service provider, or both.

41 SHBHB 1131 (3) Aligns with serviceany standardsother forservice curbsidestandards collection established by the producer responsibility organization plan under section 107 of this act;

and (4) Is provided in a manner consistent with the requirements of this chapterchapter. for curbside collection services.

SERVICE PROVIDER AGREEMENTS.

(1) Service provider agreements between producer responsibility organizations and government entities under this chapter are limited in scope to authorizing the reimbursement of costs according to the reimbursement rates determined according to section 115 of this act, and any other services included in a producer responsibility organization plan that are to be carried out by a government entity.

A producer responsibility organization may not make a government entity's reimbursement under this chapter contingent upon the performance of activities or the fulfillment of terms or conditions that are not specified as a duty of government entities under this chapter or required under a plan approved under this chapter.

(2) Except for curbside collection services provided in accordance with sections 113 and 114 of this act, a producer responsibility organization that enters into contractual agreements with service providers to carry out producer responsibilities under this act must:

(a) Use open, competitive, and fair procurement practices;

(b) Provide opportunities for women, minority, or veteran-owned businesses, small businesses, and independent operators to participate as service providers;

(c) Require that all contracted service providers:

(i) Meet minimum operating standards, including the requirements of this chapter and chapter 70A.205 RCW;

(ii) Meet high labor standards, including family level wages, providing benefits including health care and retirement plans or contributions, and demonstrate procurement from and contracts with women, minority, or veteran-owned businesses;

and (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 up to the point of final disposition, p.

42 HB 1131 reporting parameters for material recovery facilities and other processing facilities under section 110 of this act, and other documentation necessary to evaluate the performance relative to the requirements of this chapter.

The producer responsibility organization must submit the records and documentation required under this subsection to the department, upon request by the department.

(3) The department must consult with other state agencies in any review of the producer responsibility organization's consistency with the standards established in this section.

NEW SECTION.

Sec.

118.

(1) Each producer responsibility organization must fund and support investments in reuse and recycling infrastructure and market development in Washington state as needed to achieve the convenience standards specified in section 113 of this act, the management standards specified in section 110 of this act, the performance rates set in producer responsibility organization plans as described in section 111 of this act, or to address infrastructure gaps, including investments needed to enable reuse of covered products or the recycling of covered products not currently recycled in the residential recycling system, as identified through the statewide needs assessment under section 105 of this act and through the consultation process under section 106 of this act.

Investments in reuse and recycling infrastructure and market development may include, but areis not limited to,to: those needed to enable reuse of covered products or the recycling or composting of covered products not currently recycled or composted in the residential recycling system, such as:

(2) InvestmentsReuse and recycling infrastructure investments must be detailed in the annual report submitted to the department in the manner specified in section 119120 of this act.

InIf meeting the requirements of this section, a producer responsibility organization mustdid prioritizenot investmentsinvest in preexisting reuse and recycling infrastructure within Washington state.state, the annual report must include a statement of the reasons why no such investment was made.

If a producer responsibility organization did not invest in preexisting infrastructure within Washington state, the annual report must include a statement of the reasons why no such investment was made.

118.119.

(1) Each plan implemented by a producer responsibility organization under this chapter must include education and outreach activities that effectively reach diverse residents, are accessible, are clear, and support the achievement of the performance rates set in producer responsibility organization plans as described in section 111 of this p.

4243 SHBHB 1131 chapter must include education and outreach activities that effectively reach diverse residents, are accessible, are clear, and support the achievement of the performance rates set in producer responsibility organization plans as described in section 111 of this act.

(2)(a) A producer responsibility organization must coordinate with government entities that choose to participate in carrying out resident education and outreach in accordance with the approach specified in the producer responsibility organization's plan.

4344 SHBHB 1131 (b)(2)(a) AllA producer responsibility organizationsorganization implementing a plan approved by the department must collaboratecoordinate towith presentgovernment aentities consistentthat statewidechoose program to ensureparticipate thatin allcarrying stateout residentsresident caneducation easilyand identify,outreach understand,in andaccordance accesswith servicesthe providedapproach byspecified anyin approvedthe producer responsibility organization.organization's plan.

(b) All producer responsibility organizations implementing a plan approved by the department must collaborate to present a consistent statewide program to ensure that all state residents can easily identify, understand, and access services provided by any approved producer responsibility organization.

119.120.

Each annual report must include data, descriptions, and other information sufficient to allow the department to determine whether a producer responsibility organization has fulfilled its obligations under this chapter during the preceding calendar year, including actions identified by the producer responsibility organization to be undertaken as part of the plan submitted under section 107 of this act, and actions to implement the requirements and other provisions of this chapter including, but not limited to, sections 110 through 118119 of this act.

(b) The final destinations of recycled material managed by the programprogram, as reported by material recovery facilities under section 110(5) of this act, including:

and (c) TheAn totalassessment cost of implementing the plannet approvedgreenhouse bygas theemissions department,associated aswith determinedprogram byoperations, anincluding independentboth financialdirect auditemissions and performedindirect byp. an independent auditor, including:

(i)45 InformationHB regarding1131 theemissions independentlywith auditedall financialactivities, statementsand detailingincluding allthe paymentsavoided receivedemissions from source reduction, reuse, and issuedrecycling byof thecovered producerproducts p.into new products and materials;

44and SHB(d) 1131The responsibilitytotal organizationcost coveredof byimplementing the plan approved by the department;department, as determined by an independent financial audit and performed by an independent auditor, including:

(i) Information regarding the independently audited financial statements detailing all payments received and issued by the producer responsibility organization covered by the plan approved by the department;

and (ii) Encompass the management of materials from the point of collection through processing and sale of recycled materialsmaterials; to responsible end markets.

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

120.121.

(a)p. Four representatives of local governments representing geographic areas across the state, including two representatives of counties and two representatives of cities, each with one representative of urban communities and one representative of rural communities;

46 HB 1131 (a) Four representatives of local governments representing geographic areas across the state, including urban and rural communities;

p.(d) Two representatives of community-based organizations whose mission is to serve the interests of overburdened communities and vulnerable populations;

45 SHB 1131 (d) Two representatives of community-based organizations whose mission is to serve the interests of overburdened communities and vulnerable populations;

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

(5)(a)47 TheHB advisory1131 council(b) shallIf electthere oneis ofa itsvacancy members to serve as chairperson and another to serve as vice chairperson, for theany termsreason, and with the dutiesdepartment andshall powersmake necessaryan forappointment theto performancebecome ofeffective theimmediately functionsfor of such offices as the advisoryunexpired councilterm. p.

46(5)(a) SHBThe 1131advisory council shall elect one of its members to serve as chairperson and another to serve as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the advisory council determines.

(a)(a)(i) Advise and make recommendations to the department on the scope of the statewide needs assessments;

(ii) Advise and make recommendations to the department on the amount of the additional refund value premium to be paid consistent with section 309 (2)(c) of this act;

(c)(c)(i) Advise and make recommendations to any registered producer responsibility organization during stakeholder consultation on plans as required under section 106 of this act;

(d)(ii) ReviewAdvise and commentmake onrecommendations allto newany andregistered updateddistributor plans submitted by producer responsibility organizationsorganization toduring thestakeholder department,consultation including making recommendations to the department on planplans approvals, as partrequired of the public comment period as established under section 104315 of this act;

(e)(d)(i) AdviseReview and makecomment recommendationson toall anynew registeredand producerupdated responsibilityplans organizationsubmitted onby annualproducer reportsresponsibility priororganizations to submissionthe asdepartment, establishedincluding inp. section 119 of this act;

(f)48 ReviewHB and1131 commentmaking onrecommendations all annual reports submitted by producer responsibility organizations to the department,department includingon makingplan recommendationsapprovals, toas thepart departmentof regarding the needpublic forcomment anyperiod planas amendmentsestablished orunder othersection recommendations104 regardingof programthis activities;act;

(ii) Review and (g)comment Provideon input,all review,new and commentupdated onplans rulesubmitted by distributor responsibility organizations to the department, including making developedrecommendations byto the department on plan approvals, as part of the public comment period as established under section 307 of this chapter.act;

p.(e)(i) Advise and make recommendations to any registered producer responsibility organization on annual reports prior to submission as established in section 120 of this act;

47(ii) SHBAdvise 1131 (9) Advisory councilmembers that are representatives of tribes or tribal and indigenousmake servicesrecommendations organizationsto orany community-basedregistered anddistributor environmentalresponsibility nonprofitorganization organizationson must,annual ifreports requested,prior beto compensatedsubmission andas reimbursedestablished in accordancesection with311 RCWof 43.03.050,this 43.03.060,act; and 43.03.220.

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

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

and (g) Provide input, review, and comment on rule making developed by the department under this chapter or chapter 70A.--- RCW (the new chapter created in section 603 of this act).

(9) Advisory councilmembers that are representatives of tribes or tribal and indigenous services organizations or community-based and environmental nonprofit organizations must, if requested, be compensated and reimbursed in accordance with RCW 43.03.050, 43.03.060, and 43.03.220.

NEWp. SECTION.

49 HB 1131 NEW SECTION.

121.122.

122.123.

(1) A producer responsibility organization may not use funds collected for purposes of implementing a plan required under this chapter for costscost associated with:

or p.(e) Paid advertisements related to encouraging the passage, defeat, or approval, or modification of legislation that is being considered during an upcoming or current legislative session or was considered during the previous legislative session.

48 SHB 1131 (e) Paid advertisements related to encouraging the passage, defeat, or approval, or modification of legislation that is being considered during an upcoming or current legislative session or was considered during the previous legislative session.

123.124.

(1)(a)(1) The department may administratively impose a civil penalty of up to $1,000 per violation per day on any person who violates this chapter orp. on any producer responsibility organization that violates the postconsumer recycled content provisions applicable to producer responsibility organizations under chapter 70A.--- RCW (the new chapter created in section 602 of this act) and up to $10,000 per violation per day for the second and each subsequent violation.

(b)50 ForHB producers1131 outor ofon complianceany withproducer responsibility organization that violates the requirementspostconsumer ofrecycled thiscontent chapter,provisions theapplicable departmentto shallproducer provideresponsibility writtenorganizations notificationunder andchapter offer70A.--- informationRCW to(the producersnew chapter created in violationsection 602 of this section.act) and up to $10,000 per violation per day for the second and each subsequent violation.

For the purposes of this section, written notification serves as notice of the violation.

The department must issue at least one notice of violation by certified mail prior to assessing a penalty and the department may only impose a penalty on a producer that has not met the requirements of this chapter 60 days following the date the written notification of the violation was sent.

p.(b) Revoke the producer responsibility organization's plan approval and require the producer responsibility organization to implement its contingency plan under section 109 of this act;

49 SHB 1131 (b) Revoke the producer responsibility organization's plan approval and require the producer responsibility organization to implement its contingency plan under section 109 of this act;

(5) Penalties levied under this section must be deposited in the recyclingresponsible enhancementpackaging management account created in RCWsection 70A.245.100.128 of this act.

124.125.

(1) Beginning January 1, 2027, a producer may not offer for sale, sell, or distribute in or into Washington, including by means of remote sale, any covered product under this chapter, certified product under chapter 70A.245 RCW, or qualifying beverage container under chapter 70A.--- RCW (the new chapter created in section 603 of this act) that makes a deceptive or misleading claim about its recyclability.

(a)p. A covered product, certified product, or qualifying beverage container that displays a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating that it is recyclable is deemed to be deceptive or misleading unless it is designated for collection in a producer responsibility organization plan approved by the department as described in section 107 of this act or is a qualifying beverage container in a deposit return system under chapter 70A.--- RCW (the new chapter created in section 603 of this act).

51 HB 1131 (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 in a producer responsibility organization plan approved by the department as described in section 107 of this act.

or p.(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.

50 SHB 1131 (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 AugustJuly 1, 2023, a city, town, or county may not enforceenact an ordinance restricting the distribution or sale of covered products,products certified products, or qualifying beverage containers 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:

125.126.

(1) The department is authorized to participatep. 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 chapter 69.50 RCW pertaining to packaging of cannabis products, and chapters 70A.222, 70A.230, 70A.245, 70A.340, 70A.350, 70A.455, 70A.--- (the new chapter created in section 602 of this act), and 70A.--- RCW (the new chapter created in section 603 of this act) and other relevant laws.

(2)52 TheHB department1131 mayparticipate directin producers,the includingdevelopment third-partyand e-ongoing commerceoperation sellers,of toa registerregional or multistate clearinghouse for the purpose of facilitating the implementation of state laws and submitrules anyon requiredpackaging data,and annualpaper p.products including, but not limited to, requirements established under this chapter and in chapters 70A.222, 70A.230, 70A.245, 70A.340, 70A.350, 70A.455, and 70A.--- RCW (the new chapter created in section 603 of this act) and other relevant laws.

51(2) SHBThe 1131department 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.

126.127.

127.128.

128.129.

(1) Prior to the submission of a new or updated plan under section 107 of this act, the department may review and determine for the duration of the upcoming plan's period of applicability whether to temporarily exclude for reasons of public health and safety from the requirements of this chapter, except as provided in subsection (5) of this section, packaging used to containcontain: the following categories of products, subcategories of the following categories of products, or individual products that are:

(a) RegulatedA product that is regulated as a drug, medical device, or dietary supplement by the federal food and drug administration under the federalfederal, food, drug, and cosmetic act,act 21(21 U.S.C.

301 et seq.,seq.), as amended or any federal regulation promulgated under the act,p. or any equipment and materials used to manufacture such products;

and53 (b)HB Other1131 productsact, subjector toany requirementsequipment underand federalmaterials lawsused thatto makemanufacture theirsuch inclusionproducts; in the requirements of this chapter infeasible or inadvisable.

(2)(b) TheA department'sproduct reviewthat mayis beregulated initiatedas byanimal thebiologics, departmentincluding orvaccines, uponbacterins, aantisera, petitiondiagnostic bykits, aand producer,other groupproducts of producers,biological ororigin producerunder responsibilitythe organization.federal virus-serum-toxin act, 21 U.S.C.

The department may specify the date by p.

52 SHB 1131 which a petition must be filed under subsection (1) of this section in order to be considered timely for purposes of an upcoming plan implementation period.

(3) In making a determination to temporarily exclude a category of products, subcategory of products, or individual product pursuant to subsection (1) of this section, the department must consider, at a minimum, all of the following factors:

(a) The technical feasibility of including the category of product, subcategory of product, or individual product in the program created by this chapter, and in recycling the packaging of the product or products;

and (b) The progress made by producers of products, categories of products, or subcategories of products in achieving the goals of this chapter, including by reducing the amount of packaging used with the products, increasing the recycled content of the product packaging, and increasing the ability of the products' packaging to be reused or recycled if appropriate.

(4) The petition process established in this section is distinct from the processes pertaining to adjustments and exclusions to postconsumer recycled content requirements in section 210 of this act.

A product that is temporarily excluded under this section remains subject to postconsumer recycled content requirements established in chapter 70A.--- RCW (the new chapter created in section 602 of this act) unless a petition is separately granted by the department for a product under section 210 of this act.

(5) The producer of a product that is temporarily excluded from the requirements of this chapter under this section must report, directly to the department in a form and manner prescribed by the department, the information related to the temporarily excluded product that is required to be reported to the department by producer responsibility organizations under sections 103 and 119 of this act.

Part Two Postconsumer Recycled Content Requirements NEW SECTION.

151 et seq., as amended.

(2) The department's review may be initiated by the department or upon a petition by a producer or producer responsibility organization.

The department may specify the date by which a petition must be filed under subsection (1) of this section in order to be considered timely for purposes of an upcoming plan implementation period.

(3) In making a determination pursuant to subsection (1) of this section, the department must consider, at a minimum, all of the following factors:

(a) The technical feasibility of including the product in the program created by this chapter, and in recycling the packaging of the product;

and (b) The progress made by the producer of the product in achieving the goals of this chapter, including by reducing the amount of packaging used with the product, increasing the recycled content of the product packaging, and increasing the ability of the product's packaging to be reused or recycled if appropriate.

(4) The petition process established in this section is distinct from the processes pertaining to adjustments and exclusions to postconsumer recycled content requirements in section 211 of this act.

A product that is temporarily excluded under this section remains subject to postconsumer recycled content requirements established in chapter 70A.--- RCW (the new chapter created in section 602 of this act) unless a petition is separately granted by the department for that product under section 211 of this act.

(5) The producer of a product that is temporarily excluded from the requirements of this chapter under this section must report, directly to the department in a form and manner prescribed by the department, the information related to the temporarily excluded product that is required to be reported to the department by producer responsibility organizations under sections 103 and 120 of this act.

Part Two Postconsumer Recycled Content Requirements p.

54 HB 1131 NEW SECTION.

Sec.

p.(1)(a) "Beverage" means liquid products intended for human or animal consumption and in a quantity more than or equal to two fluid ounces and less than or equal to one gallon, including:

53 SHB 1131 (1)(a) "Beverage" means liquid products intended for human or animal consumption and in a quantity more than or equal to two fluid ounces and less than or equal to one gallon, including:

(6) "Department" means the department of ecology.

(7) "Durable good" means a product that provides utility over an extended period of time.

5455 SHBHB 1131 (8)(6) "Entity""Department" means anthe individualdepartment and any form of businessecology. enterprise.

(7) "Durable good" means a product that provides utility over an extended period of time.

(8) "Entity" means an individual and any form of business enterprise.

(14)(a) "Plastic beverage container" means a bottle or other rigid container that is solely made of plastic material and is capable of maintaining its shape when empty, comprised of one or p.

5556 SHBHB 1131 (14)(a) "Plastic beverage container" means a bottle or other rigid container that is capable of maintaining its shape when empty, comprised of one or multiple plastic resins designed to contain a beverage.

"Plastic beverage container" includes a container's cap or lid.

(ii) Rigid plastic containers or plastic bottles that are or are used for medical devices, medical products that are required to be sterile, prescription drugs, or dietary supplements as defined in RCW 82.08.0293 that do not contain a "nutrition facts" label required under federal law;

or (iii) Bladders or pouches that contain a beverage;beverage.

(iv) Paper-based beverage containers;

or (v) Liners, corks, closures, labels, and other items added externally or internally but otherwise separate from the structure of the bottle or container, other than a lid or cap.

This exemption does not p.include products regulated by the United States food and drug administration.

56p. SHB 1131 include products regulated by the United States food and drug administration.

57 HB 1131 (16)(a) "Plastic tub" means a wide-mouth rigid container used to package consumable or durable goods that reach consumers, with a maximum capacity of 50 ounces, that is:

(17)(a)(i) "Postconsumer recycled content" or "PCRC" means the certified plastic resin incorporated into plastic packaging for a PCRC product and derived specifically from recycled material generated by households or by commercial or institutional facilities in their role as end users of packaged products that can no longer be used for their intended purpose.

(iv) Plastic tubstubs; for food products;

and (vi) Single-use plastic cups.cups;

and (vii) Cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products subject to the rules adopted by the liquor p.

5758 SHBHB 1131 (b)and "PCRCcannabis product"board doesunder notchapter include69.50 anyRCW typethat ofare containercontained in or bagpackaged forin whichplastic thecontainers state is preempted from regulating content of the container material under federal law or anypackaging. items subject to the postconsumer recycling content requirements of chapter 70A.245 RCW.

(19)(a)(b) "Producer""PCRC meansproduct" thedoes followingnot personinclude responsibleany fortype complianceof withcontainer requirementsor underbag this chapter for awhich PCRCthe productstate sold,is offeredpreempted forfrom sale,regulating orcontent distributedof inthe orcontainer intomaterial thisunder state:federal law.

(i)(19) If"Producer" thehas product is sold in or with packaging under the brandsame ofmeaning theas productdefined manufacturer or is sold in packagingsection that102 lacks identification of athis brand,act. the producer of the packaging is the person that manufactures the product;

(ii)(20) If"Producer responsibility organization" has the productsame ismeaning soldas underdefined ain retailsection brand,102 theof producerthis isact, except that for the retailpurposes brandof owner;this chapter, "producer responsibility organization" includes a distributor responsibility organization formed under chapter 70A.--- RCW (the new chapter created in section 603 of this act), if a distributor responsibility organization is formed.

(iii)(21)(a) If"Retail theestablishment" productmeans isany manufacturedperson, bycorporation, apartnership, personbusiness, otherfacility, thanvendor, theorganization, brandor owner,individual the producer of the packaging is the person that issells theor licenseeprovides ofmerchandise, agoods, brand or trademarkmaterials underdirectly whichto a packagedcustomer. item is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state;

(iv) If there is no person described in (a)(i), (ii), or (iii) of this subsection within the United States, the producer is the person who imports the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the product in this state;

or (v) A person who would be considered a "producer" of a PCRC product sold, offered for sale, or distributed in or into this state, as defined in (a)(i) through (iv) of this subsection, can designate another responsible producer for that PCRC product if another person agrees to accept responsibility and has registered as the producer responsible for that PCRC product under this chapter.

(b) "Producer" does not include:

(i) Government agencies, municipalities, or other political subdivisions of the state;

(ii) Registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations;

or (iii) De minimis producers that annually sell, offer for sale, distribute, or import:

(A) In Washington state less than one ton of PCRC products;

and (B) That have a global gross revenue of less than $5,000,000 for the most recent fiscal year of the organization.

p.

58 SHB 1131 (20) "Producer responsibility organization" has the same meaning as defined in section 102 of this act.

(21) "Responsible producer" means a producer that is not a de minimis producer.

(22)(a) "Retail establishment" means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer.

(23)(a)(22)(a) "Single-use plastic cup" means all beverage cups that are nonsealed or sealed at point of sale.

(24)(a)(23)(a) "Thermoform plastic container" means a clear or colored plastic container, such as a clamshell, lid, tray, egg carton, trifold, or similar rigid, nonbottle packaging, formed from sheets of extruded plastic resin and used to package consumable or durable goods that reach consumers, including:

and (iii)p. Unfilled containers that are sold directly.

59 HB 1131 (iii) Unfilled containers that are sold directly.

p.(i) Household cleaning products or personal care products;

59 SHB 1131 (i) Household cleaning products or personal care products;

(vii) CommerciallyPackaging orfor homecannabis compostableconcentrates, containers;useable cannabis, and cannabis-infused products subject to the requirements of this chapter;

(b)p. De minimis producers must annually notify the producer responsibility organization in which the producer participates to demonstrate that they are de minimis producers.

60 HB 1131 (b) De minimis producers must annually notify the producer responsibility organization in which the producer participates to demonstrate that they are de minimis producers.

(1)(a) By January 1, 2025,2024, and each January 1st thereafter, a p.producer responsibility organization under chapter 70A.--- RCW (the new chapter created in section 601 of this act) that represents producers who offers for sale, sells, or distributes in or into Washington PCRC products must register with the department on behalf of each producer registered with the producer responsibility organization with sale or distribution of PCRC products in or into Washington.

60 SHB 1131 producer responsibility organization under chapter 70A.--- RCW (the new chapter created in section 601 of this act) that represents producers who offers for sale, sells, or distributes in or into Washington PCRC products must register with the department on behalf of each producer registered with the producer responsibility organization with sale or distribution of PCRC products in or into Washington.

A producer must continue to register and report to the department under the methods established in chapter 70A.245 RCW until a producer responsibility organization registers with the department under chapter 70A.--- RCW (the new chapter created in section 601 of this act).

(d)p. Beginning January 1, 2028, producers of wine in 187 milliliter plastic beverage containers or dairy milk in plastic beverage containers must meet minimum PCRC requirements established under section 204 of this act.

61 HB 1131 (d) Beginning January 1, 2028, producers of wine in 187 milliliter plastic beverage containers or dairy milk in plastic beverage containers must meet minimum PCRC requirements established under section 204 of this act.

p.(g) Beginning January 1, 2036, producers of durable goods in thermoform plastic containers must meet minimum PCRC requirements established under section 208 of this act.

61(h) SHB 1131 (g) Beginning January 1, 2036,2025, producers of durableWashington goodscannabis, cannabis concentrates, useable cannabis, and cannabis-infused products subject to the rules adopted by the liquor and cannabis board under chapter 69.50 RCW that are contained in thermoformor packaged in plastic containers or packaging must meet minimum PCRC requirements established under section 208209 of this act.

and (vii) February 1, 2037, for thermoform plastic containers containing durable goods.goods;

and (viii) February 1, 2027, for cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products subject to the rules p.

62 HB 1131 adopted by the liquor and cannabis board under chapter 69.50 RCW that are contained in or packaged in plastic containers or packaging.

p.(1) For beverages except wine in 187 milliliter plastic beverage containers and dairy milk:

62(a) SHBJanuary 11311, (1)2023, Forthrough beveragesDecember except31, wine2025: in 187 milliliter plastic beverage containers and dairy milk:

(a) January 1, 2024, through December 31, 2025:

A producer of household cleaning products in plastic containers or a producer of personal care productsp. in plastic containers must meet the following annual minimum PCRC percentage on average for the total quantity of plastic containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:

63 HB 1131 products in plastic containers must meet the following annual minimum PCRC percentage on average for the total quantity of plastic containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:

and p.(2) On and after January 1, 2031:

63 SHB 1131 (2) On and after January 1, 2031:

NEWp. SECTION.

64 HB 1131 NEW SECTION.

A new section is added to chapter 70A.245 RCW to read as follows:

PCRC FOR CANNABIS PACKAGING.

(1) A producer of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products that are produced, processed, and sold pursuant to chapter 69.50 RCW and that are contained in or packaged in plastic containers or packaging must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of covered products, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:

(a) January 1, 2025, through December 31, 2030:

No less than 25 percent postconsumer recycled content plastic by weight;

(b) Beginning January 1, 2031:

No less than 50 percent postconsumer recycled content plastic by weight.

(2)(a) The department must consult with the liquor and cannabis board in the implementation and enforcement of this section, and all registration, reporting, and temporary exclusion or rate adjustment petitions related to products subject to the requirements of this section.

(b) The liquor and cannabis board may recommend that the department adopt changes by rule to the timelines or postconsumer- recycled content requirements of this section in order to address p.

65 HB 1131 packaging integrity, safety, or other packaging needs related to the implementation of chapter 69.50 RCW with respect to products subject to the requirements of this section.

The department may adopt rules to accord with recommendations made by the liquor and cannabis board under this section.

(3) This section applies to a person licensed under RCW 69.50.325 as a cannabis producer, cannabis processor, or as both a cannabis producer and cannabis processor when the person meets the definition of producer in this chapter.

NEW SECTION.

Sec.

210.

(1) A producer responsibility p.organization reporting to the department under this chapter must pay fees as specified in chapter 70A.--- RCW (the new chapter created in section 601 of this act).

64(2) SHBBeginning 1131April organization1, reporting2024, toand theeach departmentApril under1st thisthereafter, chaptera producer responsibility organization must payannually feesreport asto specifiedthe indepartment chapterfor 70A.---each RCWproducer (theof newPCRC chapterproducts createdfor inwhich it receives reports from producers under section 601203 of this act).act:

(2) Beginning April 1, 2025, and each April 1st thereafter, a producer responsibility organization must annually report to the department for each producer of PCRC products for which it receives reports from producers under section 203 of this act:

(b) AThe producerreport must maintaininclude, for each producer, a certificate of compliance,compliance or similar proof of certification conducted by a third-partynationally certificationrecognized, entity,independent statingthird party that thehas coveredachieved productISO/IEC is17065 inaccreditation, complianceas withit postconsumerexisted recycledas contentof requirementsJanuary under1, this2023, chapter.or a similar certification identified by the department.

AThe third-partyproof of certification entity must beinclude anall independent,of accreditedthe (ISO/IECfollowing: 17065) certifying body.

A(i) producerThe shallnames, maintainlocations, aand certificatecontact information of complianceall withinsources aof yearPCRC bymaterial theand datessuppliers onof which the postconsumer recycled content requirements take effect for the producer's PCRC products.material;