HB 2049 — Improving Washington's solid waste management outcomes.

(5)(a) ThePrior departmentto must,program inuse consultationof withany representativesalternative fromrecycling overburdenedprocess communities,for theconversion advisory council established in section 120 of thispostuse act,plastic servicepolymers providers,for municipalities,the statepurpose agencies,of alternativeproducing recyclingrecycled technologymaterial providers,to andbe others,counted approvetoward orperformance denyrates aunder proposalthis bychapter, athe producer responsibility organization tomust countseek towardsthe recyclingdepartment's performanceapproval ratesand materialssubmit senta tothird-party facilitiesassessment that use an alternative recycling process for conversion of plasticthe coveredprocess's productsenvironmental forimpacts, theas purposedescribed ofunder producingthis recycledsubsection. material.

(b)In Theorder for an alternative recycling process to be approved, the department must establishdetermine, aafter processconsidering bypublic whichcomment aand producerinput responsibilityfrom organizationthe mayadvisory proposecouncil toestablished countin towardssection 120 of this act, that the alternative recycling performanceprocess ratesproduces materialssimilar sentor tolesser anegative facilityimpacts than those produced in recycling that uses anpurely alternativemechanical recyclingmeans process.for each of the following environmental impacts:

(c)(i) TheAir departmentand maywater onlypollution approveand therelease produceror responsibilitycreation organization's proposal to count towards recycling performance rates the materials sent to a facility that uses an alternative recycling process if the department determines that the alternative process meets all of theany followinghazardous criteria:pollutants;

(i)(ii) DoesEnergy notefficiency include combustion, fuel production, and othergreenhouse formsgas ofemissions; energy recovery of plastic covered products in processing or disposal;

and(iii) (ii)Generation Provides equal or better protection for the environment and human health relative to recycling processes that occur through purely mechanical means, including as measured against all of thehazardous followingwaste; criteria:

(A)(iv) ReleaseEnvironmental orimpacts generationon ofoverburdened aircommunities and watervulnerable pollutantspopulations; or any hazardous pollutants;

(B)(v) GenerationWater ofusage hazardousincluding, waste;but not limited to, impacts to local water resources and sewage infrastructure;

(C)and Energy(vi) useOther andenvironmental generationimpacts ofas greenhousedetermined gases;by the department by rule.

(D)(b) EnvironmentalThe impactsresults onof overburdenedthe communitiesassessment under (a) of this subsection must, whenever reported and vulnerablecommunicated, populations;provide full disclosure of geographical, temporal, and technological boundaries that have been selected for the assessment.

(E)(c) WaterThe usageperson including,preparing butthe assessment under (a) of this subsection may not limitedbe to,interested, impactsdirectly or indirectly, in the ownership or operation of any recycling facility proposed to localconduct waterthe resourcesalternative andrecycling sewageprocess infrastructure;under assessment.

(F)(d) PublicNothing healthin impacts;this subsection or chapter prohibits or affects the use of any alternative recycling process for products or packaging that are not covered products under this chapter.

and(6)(a) (G)Material Capturerecovery andfacilities recyclingreceiving rates;covered products from government entities or private service providers collected through activities undertaken in accordance with this chapter must p.

(iii)26 ReducesHB gaps2049 measure and report annually to the department by commodity type and material category, in collection,a recycling,form and compostingformat servicesapproved atby the department, on the following parameters associated with covered entities;products received and processed:

p.

26 SHB 2049 (iv) Meets an unmet need in the state that will result in meeting recycling performance targets, including creating new recycling markets for materials currently disposed of in landfills or incinerated;

(v) Produces food-grade or pharmaceutical grade recycled content;

(vi) Provides third-party certification of recycled content;

and (vii) Those other environmental impacts as determined by the department.

(d)(i) In making its determination under (c) of this subsection, the department must take into consideration any local, state, or federal environmental permitting requirements that govern the operation of an alternative recycling process that reduces air and water pollutants or the generation of hazardous waste or pollutants.

(ii) The department must publish a ruling on the producer responsibility organization's proposal, detailing why it was approved or denied and how it measured against the criteria listed in (c) of this subsection.

The department must also conduct a public review process for at least 60 days.

(iii) A person may appeal a decision by the department under this subsection (5)(d) to the pollution control hearings board.

(e) The department must, no more frequently than every five years, require the producer responsibility organization to provide any updated information deemed necessary that demonstrates that the alternative process is continuing to meet the requirements of this section.

If the facility fails to meet the requirements of this section, the department shall prohibit the producer responsibility organization from counting material sent to the alternative recycling facility towards recycling performance rates.

(f) Nothing in this chapter prohibits or affects the use of any alternative recycling process for products or packaging that are not covered products under this chapter.

(6)(a) Material recovery 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 received and processed:

p.(iii) Outbound material quality and contamination;

27 SHB 2049 (iii) Outbound material quality and contamination;

(1) Any producer responsibility organization plan submitted to the department must include performance rates for covered products reported by the producer responsibility organization as supplied into the state, takingp. into account the findings of the December 2023 Washington Recycling, Reuse, and Source Reduction Target Study and Community Input Process, statewide needs assessment, and additional relevant data.

27 HB 2049 taking into account the findings of the December 2023 Washington Recycling, Reuse, and Source Reduction Target Study and Community Input Process, statewide needs assessment, and additional relevant data.

p.(a) At minimum, the plan must include the following performance rates averages across all covered products within a registered producer responsibility organization:

28 SHB 2049 (a) At minimum, the plan must include the following performance rates averages across all covered products within a registered producer responsibility organization:

and (iv) A source reduction rate to be achieved solely by theeliminating eliminationplastic of covered product components oras along reductionas in the weightelimination of coveredthe products,plastic withcomponent atdoes leastnot 25render percent of the totalcovered ratematerial beingdetrimental achievedto byrecycling solelyor eliminatingnonrecyclables. plastic components.

The elimination of a plastic component must not render the covered material detrimental to recycling or nonrecyclables.

NEWp. SECTION.

28 HB 2049 NEW SECTION.

p.(2) A nonreimbursable point-of-sale fee may not be charged to consumers to recoup the costs of meeting producer obligations under this chapter.

29 SHB 2049 (2) A nonreimbursable point-of-sale fee may not be charged to consumers to recoup the costs of meeting producer obligations under this chapter.

In establishing the base rate,p. a producer responsibility organization must consider the following factors:

p.29 HB 2049 rate, a producer responsibility organization must consider the following factors:

30 SHB 2049 (a) The total annual amount of covered products sold or supplied into the state, by material category, whether or not the material is currently recyclable or designated for collection for recycling;

(c) Fees collected under this fee system must be used exclusively for plan implementation and other activities required under this p.

3130 SHBHB 2049 (c) Fees collected under this fee system must be used exclusively for plan implementation and other activities required under this chapter and chapter 70A.--- RCW (the new chapter created in section 502 of this act).

(iii)p. The social and economic benefits of the program;

31 HB 2049 (iii) The social and economic benefits of the program;

and p.(v) The needs of economically distressed or overburdened communities.

32 SHB 2049 (v) The needs of economically distressed or overburdened communities.

A producer responsibility organization must give special consideration for p.

3332 SHBHB 2049 responsibility organization must give special consideration for providing opportunities to island and geographically isolated populations.

3433 SHBHB 2049 (a) The operator of the existing recycling depot or drop-off center is willing to contract to provide collection service on behalf of the producer responsibility organization;

(2) A city or town that has previously exercised authority under RCW 35.21.120 or a county that has exercised authority under RCW 36.58.040 to contract for residential curbside recycling services, where the terms of the contract are legally enforceable as of the effective date of this section, and the contracted service provider shall make reasonable, good faith efforts to negotiate provisions or changes to contract terms consistent with the goals of this chapter, limited to those that pertain to service standards for the purpose of cost reimbursement as described in section 115 of this act, and that do not materially affect other provisions of the contract.

3534 SHBHB 2049 costs of services provided in accordance with the requirements of this chapter.

(c)(i)(c) A city or town that exercises authority under RCW 35.21.120 or a county under RCW 36.58.040 to contract for residential curbside recycling services is not restricted from providing servicea standardslevel of service for curbside collection of source separated recyclable materials from residences that exceeds the service standards for curbside collection included in a producer responsibility organization plan approved by the department, but a producer responsibility organization is not obligated to reimburse costs associated with the additional servicelevel standards.of service.

(ii) For the purposes of this subsection (3)(c), "service standards" has the same meaning as referred to in RCW 70A.205.045(7).

(7) A city, town, or county may not enact an ordinance requiring producers of covered products to provide residential recycling p.

3635 SHBHB 2049 (7) 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.

(1) In areas where collection of source separated recyclable materials from residences is regulated by the utilities and transportation commission under chapter 81.77 RCW, a producer responsibility organization must provide reimbursement to the company granted a certificate for each residential customer to whom service is p.

3736 SHBHB 2049 organization must provide reimbursement to the company granted a certificate for each residential customer to whom service is provided.

(a) Is offered to residents in single-family and multifamily residences wherever curbside garbage collection services are offered, except in areas subject to an ordinance described in section 114(5)114(4) of this act;

(a) Providing funding for the purchase and installation of new equipment or infrastructure or for upgrades to existing equipment or infrastructure to improve sorting of covered products or mitigating p.

3837 SHBHB 2049 (a) Providing funding for the purchase and installation of new equipment or infrastructure or for upgrades to existing equipment or infrastructure to improve sorting of covered products or mitigating the negative impacts of covered products to other commodities at existing material recovery facilities that accept covered products;

(a) Develop and provide outreach and educational materials, resources, and campaigns that encourage participation in recycling collection and reuse systems and address education and engagement p.

3938 SHBHB 2049 (a) Develop and provide outreach and educational materials, resources, and campaigns that encourage participation in recycling collection and reuse systems and address education and engagement with residents.

The department may require p.producer responsibility organizations to coordinate and use consistent signage and consistent messaging in education and outreach activities under this section.

40p. SHB 2049 producer responsibility organizations to coordinate and use consistent signage and consistent messaging in education and outreach activities under this section.

39 HB 2049 NEW SECTION.

p.NEW SECTION.

41 SHB 2049 NEW SECTION.

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

40 HB 2049 (2) The advisory council consists of members appointed by the department as follows:

4241 SHBHB 2049 (b) Consider recommendations for appointments from relevant represented groups or associations and from individuals interested in participating on the advisory council.

4342 SHBHB 2049 (e) Review and comment on all new and updated plans submitted by a producer responsibility organization to the department, including making recommendations to the department on plan approvals, as part of the public comment period as established under section 104 of this act;

4443 SHBHB 2049 (c) Expenses related to member participation as established in subsection (10) of this section.

(12) Nothing in this section limits the authority of the department to approve plans or reports or carry out other duties as assigned under this chapter.

(2) Nothing in this section limits the authority of a producer responsibility organization to collect funds, such as through a p.special assessment, for purposes other than implementing a plan required under this chapter, such as for the purposes identified in subsection (1)(a) through (e) of this section.

45p. SHB 2049 special assessment, for purposes other than implementing a plan required under this chapter, such as for the purposes identified in subsection (1)(a) through (e) of this section.

44 HB 2049 NEW SECTION.

(1)(a) The department may administratively impose a civil penalty of up to $1,000 per violation per day on any producer who violates this chapter or on any producer responsibility organization that violates thisthe postconsumer recycled content provisions applicable to producer responsibility organizations under chapter 70A.--- RCW (the new chapter created in section 502 of this act) and up to $10,000 per violation per day for the second and each subsequent violation.

(3) Prior to taking the actions described in subsection (2)(b) of this section, the department must provide the producer responsibility p.organization or the producer an opportunity to respond to or rebut the written finding upon which the action is predicated.

46p. SHB 2049 organization or the producer an opportunity to respond to or rebut the written finding upon which the action is predicated.

45 HB 2049 (4) A person may not sell or distribute in or into the state a covered product of a producer that is not participating in a producer responsibility organization or that is not in compliance with the requirements of this chapter or rules adopted under this chapter.

(1) Beginning January 1, 2028, 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 PCRC product under chapter 70A.245 RCW, or PCRC product under chapter 70A.--- RCW (the new chapter created in section 502 of this act) that makes a deceptive or misleading claim about its recyclability, percentage of recycled p.content, or, consistent with chapter 70A.455 RCW, its ability to be composted.

47p. SHB 2049 content, or, consistent with chapter 70A.455 RCW, its ability to be composted.

46 HB 2049 (a) A covered product, certified PCRC product, or PCRC 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 by the department as described in section 107 of this act.

or p.(d) Using a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable.

48p. SHB 2049 (d) Using a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable.

47 HB 2049 NEW SECTION.

OTHER.OTHER ASSISTANCE PROGRAMS.

Nothing in this act limits the authority of private parties or government entities to enter into contracts.

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

49 SHB 2049 (2) The department's review may be initiated by the department or upon a petition by a producer, group of producers, or producer responsibility organization.

(3)p. 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:

48 HB 2049 (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:

Only the director of the department or the director's designee may authorize p.expenditures from the account.

50 SHB 2049 expenditures from the account.

Partp. Two Postconsumer Recycled Content Requirements NEW SECTION.

49 HB 2049 Part Two Postconsumer Recycled Content Requirements NEW SECTION.

360ee(b)(3), or fortified oral nutritional supplements used for persons who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, and failure to thrive, as those terms are defined by the international classification of diseases, 10th revision, or other medical conditions as determined by the department.

p.(4) "Dairy milk" means a beverage made exclusively or principally from lacteal secretions obtained from one or more milk-producing animals.

51 SHB 2049 (4) "Dairy milk" means a beverage made exclusively or principally from lacteal secretions obtained from one or more milk-producing animals.

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

50 HB 2049 (b) That have a global gross revenue of less than $5,000,000 for the most recent fiscal year of the organization.

p.(12) "Licensee" means a manufacturer of a PCRC product or entity who licenses a brand and manufactures a PCRC product under that brand.

52 SHB 2049 (12) "Licensee" means a manufacturer of a PCRC product or entity who licenses a brand and manufactures a PCRC product under that brand.

or (d)p. Other products used to maintain, improve, or enhance personal care or appearance.

51 HB 2049 (d) Other products used to maintain, improve, or enhance personal care or appearance.

p.(ii) A maximum capacity of five fluid gallons or its equivalent volume;

53 SHB 2049 (ii) A maximum capacity of five fluid gallons or its equivalent volume;

(ii) Rigid plastic containers or plastic bottles that are medical devices, medical products that are required to be sterile, prescriptionp. or nonprescription drugs, and dietary supplements as defined in RCW 82.08.0293, and packaging used for those products;

(iii)52 PesticideHB products2049 regulatedprescription byor thenonprescription federaldrugs, insecticide,and fungicide,dietary supplements as defined in RCW 82.08.0293, and rodenticidepackaging act,used 7for U.S.C.those products;

and (iii) Pesticide products regulated by the federal insecticide, fungicide, and rodenticide act, 7 U.S.C.

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

and (iv) 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 cap or lid.

p.(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.

54 SHB 2049 (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.

(ii)p. Personal care products that use personal care product containers;

53 HB 2049 (ii) Personal care products that use personal care product containers;

p.(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 is the importer of record for the item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state;

55 SHB 2049 (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 is the importer of record for the item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state;

In the eventp. that another person is assigned responsibility as the producer under this subsection, the producer under (a)(i) through (v) of this subsection must provide written certification of that contractual agreement to the producer responsibility organization;

54 HB 2049 event that another person is assigned responsibility as the producer under this subsection, the producer under (a)(i) through (v) of this subsection must provide written certification of that contractual agreement to the producer responsibility organization;

(b) "Retail establishment" includes, but is not limited to, food service businesses as defined in RCW 70A.245.010, grocery stores, p.department stores, hardware stores, home delivery services, pharmacies, liquor stores, restaurants, catering trucks, convenience stores, or other retail stores or vendors, including temporary stores or vendors at farmers markets, street fairs, and festivals.

56 SHB 2049 department stores, hardware stores, home delivery services, pharmacies, liquor stores, restaurants, catering trucks, convenience stores, or other retail stores or vendors, including temporary stores or vendors at farmers markets, street fairs, and festivals.

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

55 HB 2049 (i) Branded and prepackaged containers that have been filled with products and sealed prior to receipt by the retail establishment, such as fresh produce, baked goods, nuts, toys, electronics, and tools;

(vi) Plastic containers that are or are used for medical devices, medical products that are required to be sterile, prescription or p.nonprescription drugs, or dietary supplements as defined in RCW 82.08.0293;

57 SHB 2049 nonprescription drugs, or dietary supplements as defined in RCW 82.08.0293;

(3)(a)p. De minimis producers are not required to meet annual registration, reporting, PCRC, or fee requirements of PCRC products under this chapter.

56 HB 2049 (3)(a) De minimis producers are not required to meet annual registration, reporting, PCRC, or fee requirements of PCRC products under this chapter.

(1)(a) By January 1, 2026, and each January 1st thereafter, a producer responsibility organization under chapter 70A.--- RCW (the new chapter created in section 501 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 p.Washington.

58A SHBproducer 2049must Washington.continue to register and report to the department under the methods established in chapter 70A.245 RCW, as it existed as of January 1, 2024, until a producer responsibility organization registers with the department under chapter 70A.--- RCW (the new chapter created in section 501 of this act), after which time each producer of PCRC products must either join a registered producer responsibility organization and comply with the requirements of this chapter through that producer responsibility organization, or must register with the department as an individual producer responsibility organization for purposes of compliance with chapter 70A.--- RCW (the new chapter created in section 501 of this act) and this chapter.

A producer must continue to register and report to the department and pay the department an annual fee under the methods established in chapter 70A.245 RCW, as it existed as of January 1, 2024, until a producer responsibility organization registers with the department under chapter 70A.--- RCW (the new chapter created in section 501 of this act), after which time each producer of PCRC products must either join a registered producer responsibility organization and comply with the requirements of this chapter through that producer responsibility organization, or must register with the department as an individual producer responsibility organization for purposes of compliance with chapter 70A.--- RCW (the new chapter created in section 501 of this act) and this chapter.

(c)p. A producer may report multiple brand employer identification numbers under a single account to the producer responsibility organization, provided that required information for each brand employer identification number is listed separately.

57 HB 2049 (2) Producers that offer for sale, sell, or distribute in or into Washington the following products must meet the following minimum postconsumer recycled content requirementsrequirements: for products manufactured by the following dates:

p.(e) Beginning January 1, 2029, producers of single-use plastic cups must meet minimum PCRC requirements established under section 207 of this act.

59 SHB 2049 (e) Beginning January 1, 2029, producers of single-use plastic cups must meet minimum PCRC requirements established under section 207 of this act.

(iv)p. February 1, 2029, for plastic dairy milk containers and 187 milliliter plastic wine containers;

58 HB 2049 (iv) February 1, 2029, for plastic dairy milk containers and 187 milliliter plastic wine containers;

and (iii) Any otheradditional information deemedadopted necessaryby rule by the departmentdepartment. to ensure an effective program that is in compliance with all applicable laws and rules.

p.(4)(a) A producer responsibility organization shall evaluate the PCRC requirements in sections 204 (1)(c) and (2)(c), 205(3), 206(2), 207 (1)(b) and (2)(b), and 208 (1)(b) and (2)(a) of this act, and assess market conditions and PCRC availability and the technological feasibility of these requirements, no later than six months prior to the dates identified in those subsections.

60The SHBproducer 2049responsibility NEWorganization SECTION.may request an extension of these requirements and must present data, from the evaluation performed under this subsection, to the department.

The department may grant the extension of the implementation of one or more of these requirements for up to one year.

(b) The department shall review the extension request from the producer responsibility organization within 30 days of the request and approve, partially approve, deny, or request additional information to evaluate the extension request.

(c) The department may renew an approved extension annually, upon request of the producer responsibility organization and submission of data demonstrating that the conditions justifying the current extension remain in place.

(d) If an extension is granted, the producer responsibility organization may include in its annual report, or the department may p.

59 HB 2049 report to the legislature, any potential need to revise these requirements, prior to the expiration of a one-year extension period.

NEW SECTION.

(a) For products manufactured between January 1, 2023, through December 31, 2025:

(b) For products manufactured between January 1, 2026, through December 31, 2030:

and (c) ProductsOn manufactured on and after January 1, 2031:

(a) Products manufactured between January 1, 2028, through December 31, 2030:

(b) Products manufactured between January 1, 2031, through December 31, 2035:

and (c) ProductsOn manufactured on and after January 1, 2036:

(1) Products manufactured between January 1, 2025, through December 31, 2027:

(2) Products manufactured between January 1, 2028, through December 31, 2030:

and (3) ProductsOn manufactured on and after January 1, 2031:

6160 SHBHB 2049 NEW SECTION.

(1) Products manufactured between January 1, 2027, through December 31, 2030:

and (2) ProductsOn manufactured on and after January 1, 2031:

(a) Products manufactured between January 1, 2029, through December 31, 2030:

and (b) ProductsOn manufactured on and after January 1, 2031:

(a) Products manufactured between January 1, 2029, through December 31, 2030:

and (b) ProductsOn manufactured on and after January 1, 2031:

p.(a) January 1, 2031, through December 31, 2035:

62 SHB 2049 (a) Products manufactured between January 1, 2031, through December 31, 2035:

and (b) ProductsOn manufactured on and after January 1, 2036:

(2)(a)p. Except as provided in (b) of this subsection, for packaging used for durable goods:

Products61 manufacturedHB on2049 and(2)(a) afterExcept Januaryas 1,provided 2036,in no(b) lessof thanthis 30subsection, percentfor PCRCpackaging plasticused byfor weight.durable goods:

On and after January 1, 2036, no less than 30 percent PCRC plastic by weight.

(b) The amount in pounds of PCRC by resin type used for each category of PCRCcovered products that are sold, offered for sale, or distributed in or into Washington;

(b)(i) A producer must maintain a certificate of compliance forstating purposesthat of oversight by the departmentcovered identifying each PCRC product of the producer that is in compliance with postconsumer requirements under this chapter.

No later than six months prior to the initial effective dates of the requirements of sections 203 through 208 of p.this act, a producer responsibility organization shall evaluate if there are adequate and commercial feasible third-party certifications for PCRC for each covered product category with requirements and report to the department on the adequacy of these certifications with a recommendation for their adoption.

63The SHBdepartment 2049 this act, a producer responsibility organization shall evaluatehave if30 theredays areto adequaterespond and commercial feasible third-party certifications for PCRC for each PCRC product category with requirements and report to the departmentproducer onp. the adequacy of these certifications with a recommendation for their adoption.

The62 departmentHB shall2049 have 30 days to respond to the producer responsibility organization to approve, partially approve, deny, or request additional information on their recommendation.

(ii) If adequate third-party certifications are deemed to exist by the producer responsibility organization and the department, the certificate of compliance must be conducted by a third-party certification entity, stating that the PCRCcovered product is in compliance with postconsumer recycled content requirements under this chapter.

(g) If a person is required under any other state statute, including chapter 70A.222 RCW, to provide a certificate of p.compliance, one certificate may be developed containing all required information.

64 SHB 2049 compliance, one certificate may be developed containing all required information.

(4)(a) A producer responsibility organization may, as part of the annual report submitted to the department in February of each year under this section, or as a separatep. submission in February of each year in advance of the effective dates in sections 204 through 208 of this act, petition for an extension, temporary exclusion, or adjustment under section 210 of this act covering the upcoming calendar year to the minimum PCRC requirements on behalf of producers registered with the producer responsibility organization.

(b)63 WhenHB submitting2049 aseparate petitionsubmission forin aadvance PCRCof ratethe extension,effective thedates producerin responsibilitysections organization204 mustthrough provide208 necessaryof informationthis thatact, willpetition allowfor thean departmentexclusion toor makeadjustment aunder determinationsection based210 onof this act covering the factorsupcoming listedcalendar inyear sectionto 210the (2)minimum PCRC requirements on behalf of thisproducers act.registered with the producer responsibility organization.

(c)(b) When submitting a petition for a PCRC rate adjustment, the producer responsibility organization must provide necessary information that will allow the department to make a determination based on the factors listed in section 210(3)210 (2) of this act.

(d)(c) When submitting a petition for a PCRC rate temporary exclusion, the producer responsibility organization must provide necessary information that will allow the department to make a determination based on the factors listed in section 210(5)210(4) of this act.

p.(i) Determination of approval of the PCRC annual report or a separately submitted petition for a rate adjustment or temporary exclusion;

65 SHB 2049 (i) Determination of approval of the PCRC annual report or a separately submitted petition for a rate adjustment or temporary exclusion;

EXTENSIONS,ADJUSTMENTS ADJUSTMENTS, AND TEMPORARY EXCLUSIONS TO PCRC RATES.

(1) InThe response to a petition received from the producer responsibility organization under section 209 of this act, the department hasmay 60 days to review and determine for the followingp. calendar year whether to extend, adjust, or temporarily exclude the minimum PCRC percentage required for a type of container or PCRC product or category of PCRC products under this chapter.

(2)64 PCRCHB rate2049 extensionsfollowing maycalendar onlyyear bewhether requestedto foradjust the minimum PCRC requirementspercentage inrequired sectionsfor 204a (1)(c)type andof (2)(c),container 205(3),or 206(2),PCRC 207product (1)(b)or andcategory (2)(b),of andPCRC 208(1)(b)products ofunder this act.chapter.

The(2) producerIn responsibilitymaking organizationa mustdetermination includepursuant anto assessmentsubsection (1) of marketthis conditionssection, andthe PCRCdepartment availabilitymust andconsider, theat technologicala feasibilityminimum, all of thesethe requirements.following factors:

The(a) departmentChanges must consider these factors in themarket assessmentconditions, inincluding makingsupply aand determinationdemand tofor extendPCRC aplastics, PCRCcollection raterates, pursuantand tobale subsectionavailability (1)both ofdomestically thisand section.globally;

(3)(a)(b) PetitionsRecycling forrates; a rate adjustment must include credible evidence on the pertinent following factors, and when making their determination, the department must consider, at a minimum:

(i)(c) ChangesThe inavailability marketof conditions,recycled includingplastic supplysuitable andto demandmeet forthe minimum PCRC plastics,requirements, collectionincluding rates,the andavailability baleof availabilityhigh bothquality domesticallyrecycled plastic, and globally;food-grade recycled plastic from recycling programs;

(ii)(d) RecyclingThe rates;capacity of recycling or processing infrastructure;

(iii)(e) The availabilitytechnical feasibility of recycledachieving plastic suitable to meet the minimum PCRC requirements,requirements includingin thecovered availabilityproducts ofthat highare qualityregulated recycledunder plastic,21 andC.F.R., food-gradechapter recycledI, plasticsubchapter fromG, recycling7 programs;U.S.C.

(iv) The capacity of recycling or processing infrastructure;

(v) The technical feasibility of achieving the minimum PCRC requirements in PCRC products that are regulated under 21 C.F.R., p.

66 SHB 2049 chapter I, subchapter G, 7 U.S.C.

and (vi)(f) The progress made by producers in achieving the goals of this chapter.

(b)(3)(a) TheUnder this section, the department may not adjust the minimum PCRC requirements above the minimum PCRC percentages under sections 204, 206, 207, and 208 of this act for the year under review.

(c)(b) For plastic household cleaning product containers and plastic personal care product containers, the department may not adjust the minimum PCRC requirements above the minimum PCRC percentages for the year under review required pursuant to section 205 of this act or below a minimum of 10 percent.

(4) A producer responsibility organization may submit a petition to the department for a temporary exclusion from minimum PCRC requirements for any types of PCRC products in plastic containers providing credible evidence that the producerfollowing: cannot achieve the PCRC requirements and remain in compliance with applicable rules and regulations adopted by the United States food and drug administration, or any other state or federal law, rule, or regulation, or achievement of PCRC requirements in the container material is not technologically feasible.

(5)(a)(a) TheAdjustment departmentof shallthe reviewminimum extension,PCRC adjustment,percentage andrequired temporaryfor exclusiona requeststype fromof thecontainer produceror responsibilityPCRC organizationproduct withinor 60category days of thePCRC requestproducts andunder approve,this partiallychapter approve,providing deny,credible orevidence requestas additionaloutlined informationin tosubsection evaluate(2) theof extensionthis request.section;

(b)p. The department may renew an approved extension, adjustment, or temporary exclusion annually, upon request of the producer responsibility organization and submission of data demonstrating that the conditions justifying the current extension, adjustment, or temporary exclusion remain in place.

(c)65 IfHB an2049 extension,(b) adjustment,Temporary orexclusion temporaryfrom exclusionminimum isPCRC granted,requirements for the producerupcoming responsibilityyear organizationfor mayany includetypes of PCRC products in itsplastic annualcontainers report,providing anycredible potentialevidence needthat tothe reviseproducer thesecannot requirements,achieve priorthe toPCRC requirements and remain in compliance with applicable rules and regulations adopted by the expirationUnited ofStates anfood extensionand period.drug administration, or any other state or federal law, rule, or regulation;

(6)or A(c) producerAchievement responsibilityof organizationPCRC mustrequirements continuein tothe providecontainer producermaterial registrationis datanot andtechnologically reportfeasible. consistent with the p.

67(5) SHBA 2049producer responsibility organization must continue to provide producer registration data and report consistent with the requirements of this chapter for PCRC products granted an extension, adjustment, or temporarily exclusionexcluded from minimum PCRC requirements under this subsection.

(7)(6) A producer or producer responsibility organization may appeal a decision by the department to extend or adjust PCRC percentages under this section or to temporarily exclude PCRCcovered products from minimum PCRC requirements under subsection (4) of this section to the pollution control hearings board within 30 days of the department's determination.

The department may not approve an alternative payment schedule that exceeds a 12-month time frame unless the department determines that an extension is needed due to unforeseen circumstances,p. such as a public health emergency, state of emergency, or natural disaster.

66 HB 2049 circumstances, such as a public health emergency, state of emergency, or natural disaster.

The department shall calculate the amount of the penalty based upon the amount in pounds in the aggregate of virgin plastic, PCRC plastic, and any other plastic per category used p.by the producer to produce PCRC products sold or offered for sale in or into Washington, in accordance with the following:

68 SHB 2049 by the producer to produce PCRC products sold or offered for sale in or into Washington, in accordance with the following:

(b)p. In determining whether to grant a penalty reduction, the department must consider, at minimum, all of the following factors:

67 HB 2049 (b) In determining whether to grant a penalty reduction, the department must consider, at minimum, all of the following factors:

(c) In lieu of or in addition to assessing a penalty under this section, the department may require a producer responsibility organization to submit on behalf of a producer or group of producers p.a corrective action plan detailing how the producer or producers plan to come into compliance with this chapter.

69 SHB 2049 a corrective action plan detailing how the producer or producers plan to come into compliance with this chapter.

Sec.p.

68 HB 2049 Sec.

p.(b) Beer or other malt beverages;

70 SHB 2049 (b) Beer or other malt beverages;

360ee(b)(3), or fortified oral nutritional supplements used for persons who require supplemental or sole source ((nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes)) nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined by the international classification of diseases, 10th revision, or other medical conditions as determined by the department.

(5)p. "Dairy milk" means a beverage that designates milk as the predominant (first) ingredient in the ingredient list on the container's label.

69 HB 2049 (5) "Dairy milk" means a beverage that designates milk as the predominant (first) ingredient in the ingredient list on the container's label.

(7) "Expanded polystyrene" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques p.including((, but not limited to,)) fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

71 SHB 2049 including((, but not limited to,)) fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

(11) (("Household"Household cleaning and personal care product manufacturing industry" means an association that represents companies that manufacture household cleaning and personal care products.

(12)))(12) "Licensee" means a manufacturer of a certified PCRC product or entity who licenses a brand and manufactures a covered product or certified PCRC product under that brand.

(((13)))(13) (12) "Oral nutritional supplement" means a manufactured liquid, powder capable of being reconstituted, or solid product that contains a combination of carbohydrates, proteins, fats, fiber, vitamins, and mineralsp. intended to supplement a portion of a patient's nutrition intake.

(((14)))70 (13)HB "Plastic2049 beverageminerals container"intended meansto supplement a bottleportion or other rigid container that is capable of maintaininga itspatient's shapenutrition whenintake. empty, comprised solely of one or multiple plastic resins designed to contain a beverage.

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

p.(a) Refillable beverage containers, such as containers that are sufficiently durable for multiple rotations of their original or similar purpose and are intended to function in a system of reuse;

72 SHB 2049 (a) Refillable beverage containers, such as containers that are sufficiently durable for multiple rotations of their original or similar purpose and are intended to function in a system of reuse;

(((15)))(15)(a) (14)(a) "Plastic household cleaning and personal care product container" means a bottle, jug, or other rigid container with a neck or mouth narrower than the base, and:

(((16)))(16) (15) "Plastic trash bag" means a bag that is made of noncompostable plastic, is at least 0.70 mils thick, and is designed and manufactured for use as a container to hold, store, or transport materialsp. to be discarded or recycled, and includes, but is not limited to, a garbage bag, recycling bag, lawn or leaf bag, can liner bag, kitchen bag, or compactor bag.

71 HB 2049 materials to be discarded or recycled, and includes, but is not limited to, a garbage bag, recycling bag, lawn or leaf bag, can liner bag, kitchen bag, or compactor bag.

"Plastic trash bag" does not include any reusable p.plastic carryout bag meeting the requirements of RCW 70A.530.020(6)(b).

73(17) SHB(("Plastic 2049trash plasticbag)) carryout"Certified bagPCRC meetingproduct themanufacturing requirementsindustry" ofmeans RCWan 70A.530.020(6)(b).association that represents companies that manufacture ((plastic trash bags)) a certified PCRC product.

(((17)(18) "Plastic"Postconsumer trashrecycled bag))content" (16)means "Certifiedthe content of a ((covered product)) certified PCRC product manufacturingmade industry"of meansrecycled anmaterials associationderived thatspecifically representsfrom companiesrecycled thatmaterial manufacturegenerated ((plasticby trashhouseholds bags))or by commercial, industrial, and institutional facilities in their role as end users of a certifiedproduct PCRCthat product.can no longer be used for its intended purpose.

(((18))) (17) "Postconsumer recycled content" means the content of a ((covered product)) certified PCRC product made of recycled materials derived specifically from recycled material generated by households or by commercial, industrial, and institutional facilities in their role as end users of a product that can no longer be used for its intended purpose.

(((19)))(19)(a) (18)(a) "Producer" means the following person responsible for compliance with minimum postconsumer recycled content requirements under this chapter for a covered product ((sold, offered for sale, or distributed in or into this state:

(ii) If there is no person to which (a)(i) of this subsection applies, the producer is the person that is licensed to manufacture and sell or offer for sale to consumers in this state an item with p.

7472 SHBHB 2049 (ii) If there is no person to which (a)(i) of this subsection applies, the producer is the person that is licensed to manufacture and sell or offer for sale to consumers in this state an item with packaging under the brand or trademark of another manufacturer or person;

(A)p. Less than one ton of a single category of plastic beverage containers, plastic household cleaning and personal care containers, or plastic trash bags each year;

73 HB 2049 (A) Less than one ton of a single category of plastic beverage containers, plastic household cleaning and personal care containers, or p.plastic trash bags each year;

75or SHB 2049 (B) A single category of a covered product that in aggregate generates less than $1,000,000 each year in revenue)) For covered products, de minimis producers as defined in section 102 of this act.

(((20)))(20)(a) (19)(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.

(((21)))(21)(a) (20)(a) "Utensil" means a product designed to be used by a consumer to facilitate the consumption of food or beverages, including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers.

(21)(22) "Certified postconsumer recycled content product" or "certified PCRC product" means:

(22)(23) "Plant pot or tray" means a single-use or durable container, material transport tray, or water collection tray used to grow, contain, cultivate, display, or transport plants or soil.

(1)(a) Beginning January 1, 2023, producers that offer for sale, sell, or distribute in or into Washington:

7674 SHBHB 2049 (i)(1)(a) BeveragesBeginning otherJanuary than1, wine2023, inproducers 187that milliliteroffer plasticfor beveragesale, containerssell, andor dairydistribute milk in plasticor beverageinto containersWashington: must meet minimum postconsumer recycled content requirements established under subsection (4) of this section;

(i) Beverages other than wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers must meet minimum postconsumer recycled content requirements established under subsection (4) of this section;

(((c) Beginning January 1, 2028, producers that offer for sale, sell, or distribute in or into Washington wine in 187 milliliter plastic beverage containers or dairy milk in plastic beverage containers must meet minimum postconsumer recycled content as required under subsection (4) of this section.)) (2)(a) On or before April 1, 2022, and annually thereafter until a producer responsibility organization takes on such duties under chapter 70A.--- RCW (the new chapter created in section 502 of this act) on JanuaryMarch 1, 2026, a producer that offers for sale, sells, or distributes in or into Washington covered products must register with the department individually or through a third-party representative registering on behalf of a group of producers.

(3)(a) By January 31, 2022, and every January 31st ((thereafter)) until January 31, 2025,2026, the department must:

(i) Prepare an annual workload analysis for public comment that identifies the annual costs it expects to incur to implement, p.

7775 SHBHB 2049 (i) Prepare an annual workload analysis for public comment that identifies the annual costs it expects to incur to implement, administer, and enforce this section and RCW 70A.245.030 through 70A.245.060 and 70A.245.090 (1), (2), and (4), including rule making, in the next fiscal year for each category of covered products;

(4) A producer of a beverage ((inin a plastic beverage container must meet the following annual minimum postconsumer recycled content percentage))percentage in a plastic beverage container, except wine in 187 milliliter plastic beverage containers and dairy milk, must achieve no less than 15 percent postconsumer recycled content plastic by weight on average for the total quantity of plastic beverage containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective((:effective:

7876 SHBHB 2049 (a) For beverages except wine in 187 milliliter plastic beverage containers and dairy milk:

(i)))(i) for products manufactured between January 1, 2023, through December 31, 2025((:2025:

and (ii) January 1, 2026, through December 31, 2030:((2030)) 2026:

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

(5) A producer of household cleaning and personal care products in plastic containers must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of plastic containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer andeffective manufactured between January 1, 2025, through December 31, 2025:2026:

(a) Products manufactured between January 1, 2025, through December 31, 2027:

p.(b) January 1, 2028, through December 31, 2030:

79 SHB 2049 (b) Products manufactured between January 1, 2028, through December 31, 2030:

and (c)p. ((On)) Products manufactured on and after January 1, 2031:

77 HB 2049 (c) On and after January 1, 2031:

(a) Products manufactured between January 1, 2023, through December 31, 2024:

(b) Products manufactured between January 1, 2025, through December 31, 2026:

and (c) ((On))On Products manufactured on and after January 1, 2027:

(((7)(a) Beginning January 1, 2024, or when rule making is complete, whichever is sooner, the department may, on an annual basis on January 1st,1st,)) review(8) andA determineproducer forof theplastic followingplant yearpots whetheror totrays adjustmust meet the following annual minimum postconsumer recycled content percentage requiredon average for athe typetotal quantity of containerplastic orplant productpots or categorytrays, ofby coveredweight, productsthat pursuantare tosold, subsectionoffered (4),for (5),sale, or (6)distributed ofin thisor section.into Washington by the producer effective:

The(a) department'sJanuary review1, may2026, bethrough initiatedDecember by31, the2030: department or at the petition of a producer or a covered product manufacturing industry not more than once annually.

WhenNo submittingless athan petition,30 producerspercent orpostconsumer arecycled producercontent manufacturingplastic industryby mustweight; provide necessary information that will allow the department to make a determination under (b) of this subsection.

(b) On and after January 1, 2031:

No less than 80 percent postconsumer recycled content plastic by weight.

(9)(a) By October 31st of each year, the department may review and determine for the following year whether to adjust the minimum postconsumer recycled content percentage required for a type of container or product or category of covered products pursuant to ((subsection (4), (5), or (6) of)) this section.

The department's review may be initiated by the department or at the petition of a producer or a covered product or certified PCRC product manufacturing industry not more than once annually.

Petitions for review and adjustment must be made to the department by June 30th of the year prior to the year in which the adjustment would apply.

When submitting a petition, producers or ((a producer)) the covered product or certified PCRC product manufacturing industry must provide necessary information that will allow the department to make a determination under (b) of this subsection.

(i)p. Changes in market conditions, including supply and demand for postconsumer recycled content plastics, collection rates, and bale availability both domestically and globally;

78 HB 2049 (i) Changes in market conditions, including supply and demand for postconsumer recycled content plastics, collection rates, and bale availability both domestically and globally;

(iii) The availability of recycled plastic suitable to meet the minimum postconsumer recycled content requirements pursuant to subsection((subsection (4), (5), or (6) ofof)) this section, including the p.availability of high quality recycled plastic((, and food-grade recycled plastic from recycling programs));

80 SHB 2049 availability of high quality recycled plastic, and food-grade recycled plastic from recycling programs;

(i) The((The)) Except as provided in (c)(ii) and (iii) of this subsection, the department may not adjust the minimum postconsumer recycled content requirements above the minimum postconsumer recycled content percentages for the year under review required pursuant to subsection((subsection (4), (5), or (6) ofof)) this section.

(ii)))(ii) (8)For Aplastic producerhousehold ofcleaning plasticand plantpersonal potscare orproduct trayscontainers, mustthe meetdepartment themay followingnot annualadjust the minimum postconsumer recycled content percentagerequirements onabove average for the totalminimum quantitypostconsumer ofrecycled plasticcontent plantpercentages potsfor orthe trays,year byunder weight,review thatrequired arepursuant sold,to offeredsubsection for(((5))) sale,(6) orof distributedthis insection or intobelow Washingtona byminimum theof producer10 effective:percent.

(a)(iii) ProductsFor manufacturedplastic betweentrash Januarybags, 1,the 2026,department throughmay Decembernot 31,adjust 2030:the minimum postconsumer recycled content requirements above the minimum postconsumer recycled content percentages for the year under review required pursuant to ((subsection (6) of)) this section or below the minimum percentage required in ((subsection (6)(a) of)) this section.

No(d) lessA thanproducer 30or percentthe covered product or certified PCRC product manufacturing industry ((for a covered product)) may appeal a decision by the department to adjust postconsumer recycled content plasticpercentages byunder weight;(a) of this subsection or to temporarily exclude p.

(b)79 ProductsHB manufactured2049 oncovered andproducts afterfrom Januaryminimum 1,postconsumer 2031:recycled content requirements ((under subsection (8) of this section)) to the pollution control hearings board within 30 days of the department's determination.

No(((8))) less(10) thanThe 80department percentmust temporarily exclude from minimum postconsumer recycled content requirements for the upcoming year any types of covered products in plastic containers for which a producer annually demonstrates to the department by weight.December 31st of a given year that the achievement of postconsumer recycled content requirements in the container material is not technically feasible in order to comply with health or safety requirements of federal law, including the federal laws specified in subsection (((7))) (9)(b)(v) of this section.

(9)(a)A Theproducer department must managecontinue requeststo byregister producersand underreport this chapter for a PCRC rate adjustment, extension, or temporary exclusion in a manner consistent with the proceduresrequirements forof thethis submissionchapter andfor reviewcovered ofproducts ratetemporarily adjustments,excluded extensions,from orminimum temporarypostconsumer exclusionsrecycled bycontent producerrequirements responsibility organizations under section 209 of this act.subsection.

Subsections(((9))) (b),(11) (c),A andproducer (d)that ofdoes thisnot subsectionachieve providethe specificpostconsumer additionalrecycled provisionscontent applicablerequirements toestablished under this section or does not comply with the ratelabeling adjustments,requirements extensions,established orin temporaryRCW exclusions70A.245.060 allowedis undersubject thisto chapter.penalties established in RCW 70A.245.040.

(b)(((10))) For(12)(a) plasticA householdcity, cleaningtown, andcounty, personalor caremunicipal productcorporation containers, the department may not adjustimplement thelocal minimum postconsumer recycled content requirements abovefor the((a minimumcovered postconsumerproduct recycledthat contentis)) percentagescertified forPCRC theproducts yearor undercovered reviewproducts requiredthat pursuantare subject to p.minimum postconsumer recycled content requirements established in this section.

81(b) SHBA 2049city, subsectiontown, (((5)))county, (6)or ofmunicipal corporation may establish local purchasing requirements that include recycled content standards that exceed the minimum recycled content requirements established by this sectionchapter for ((plastic household cleaning and personal care product containers or belowplastic trash bags)) certified PCRC products or covered products purchased by a minimumcity, oftown, 10or percent.municipal corporation, or its contractor.

(((iii)))(((11) (c)The For plastic trash bags, the department may notenter adjustinto thecontracts minimum postconsumer recycled content requirements above the minimum postconsumer recycled content percentages for the yearservices under review required pursuant to ((subsectionimplement (6)this of))chapter thisand sectionrelated orduties belowof the minimumdepartment. percentage required in ((subsection (6)(a) of)) this section.

(d)(12))) ((A(13) producerIn-state ordistributors, thewholesalers, manufacturingand industryretailers forin apossession coveredof product((covered mayproducts)) appealcertified aPCRC decisionproducts by the department to adjust postconsumer recycled content percentages under (a) of this subsection or tocovered temporarilyproducts excludemanufactured coveredbefore productsthe fromdate minimumthat postconsumer recycled content requirements underbecome subsectioneffective (8)may ofexhaust thistheir sectionexisting tostock thethrough pollutionsales controlto hearings board within 30 days of the department'spublic. determination.

(8)p. The department must temporarily exclude from minimum postconsumer recycled content requirements for the upcoming year any types of covered products in plastic containers for which a producer annually demonstrates to the department by December 31st of a given year that the achievement of postconsumer recycled content requirements in the container material is not technically feasible in order to comply with health or safety requirements of federal law, including the federal laws specified in subsection (7)(b)(v) of this section.

A80 producerHB must2049 continueSec. to register and report consistent with the requirements of this chapter for covered products temporarily excluded from minimum postconsumer recycled content requirements under this subsection)) Any exclusion for a product regulated under 7 U.S.C.

Sec.

136 et seq.

must be granted for a period of four years from the date of department approval.

(((9))) (10) A producer that does not achieve the postconsumer recycled content requirements established under this section or does not comply with the labeling requirements established in RCW 70A.245.060 is subject to penalties established in RCW 70A.245.040.

(((10))) (11)(a) A city, town, county, or municipal corporation may not implement local recycled content requirements for ((a covered product that is)) certified PCRC products or covered products that are subject to minimum postconsumer recycled content requirements established in this section.

(b) A city, town, county, or municipal corporation may establish local purchasing requirements that include recycled content standards p.

82 SHB 2049 that exceed the minimum recycled content requirements established by this chapter for ((plastic household cleaning and personal care product containers or plastic trash bags)) certified PCRC products or covered products purchased by a city, town, or municipal corporation, or its contractor.

(((11) The department may enter into contracts for the services required to implement this chapter and related duties of the department.)) (12) In-state distributors, wholesalers, and retailers in possession of ((covered products)) certified PCRC products or covered products manufactured before the date that postconsumer recycled content requirements become effective may exhaust their existing stock through sales to the public.

Sec.

(1)(a) Except as provided in (b) ((and (c))) of this subsection, ((beginning)) on April 1, 2024, April 1, 2025, and April 1, 2025,2026, each producer of covered products, individually or through a third party representing a group of producers, must provide an annual report to the department that includes the amount in pounds of virgin plastic and the amount in pounds of postconsumer recycled content by resin type used for each category of covered products that are sold, offered for sale, or distributed in or into Washington state, including the total postconsumer recycled content resins as a percentage of total weight.

p.(d) A plastic trash bag producer must develop a certificate of compliance within one year of the beginning of postconsumer recycled content requirements applicable to a plastic trash bag, conducted by a third-party certification entity, stating that a plastic trash bag is in compliance with the labeling requirements of RCW 70A.245.060 and the postconsumer recycled content requirements of RCW 70.245.020.

83 SHB 2049 (d) A plastic trash bag producer must develop a certificate of compliance within one year of the beginning of postconsumer recycled content requirements applicable to a plastic trash bag, conducted by a third-party certification entity, stating that a plastic trash bag is in compliance with the labeling requirements of RCW 70A.245.060 and the postconsumer recycled content requirements of RCW 70.245.020.

(2) A producer that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department,p. the director, or the appropriate division of the department.

The81 directorHB of2049 thedepartment, department must give consideration to the requestdirector, andor if this action is not detrimental to the publicappropriate interestdivision and is otherwise in accordance with the policies and purposes of chapter 43.21A RCW, the directordepartment. must grant the request for the information to remain confidential as authorized in RCW 43.21A.160.

The director of the department must give consideration to the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160 and shall develop a compliance certificate by the dates on which the postconsumer recycled content requirements in RCW 70A.245.020 take effect for the producer's certified PCRC products.

The p.department must respond to requests from a member of the public under this subsection within 90 days.

84 SHB 2049 department must respond to requests from a member of the public under this subsection within 90 days.

(a) A producer that does not meet the minimum postconsumer recycled content requirements pursuant to RCW 70A.245.020 is subject top. a penalty pursuant to this section.

82 HB 2049 to a penalty pursuant to this section.

p.(a)(i) The annual penalty amount assessed to a producer must equal the product of both of the following:

85 SHB 2049 (a)(i) The annual penalty amount assessed to a producer must equal the product of both of the following:

(ii)p. If the product calculated pursuant to (a) of this subsection is equal to or less than zero, the department may not assess a penalty.

83 HB 2049 (ii) If the product calculated pursuant to (a) of this subsection is equal to or less than zero, the department may not assess a penalty.

(5) A producer shall pay the penalty assessed pursuant to this section, as applicable, based on the information reported to the p.department as required under RCW 70A.245.030 in the form and manner prescribed by the department.

86 SHB 2049 department as required under RCW 70A.245.030 in the form and manner prescribed by the department.

(7) For the purposes of determining compliance with the postconsumer recycled content requirements of this chapter, the departmentp. may consider the date of manufacture of a certified PCRC product.

84 HB 2049 department may consider the date of manufacture of a certified PCRC product.

(1) ((The)) Until DecemberJanuary 31,1, 2025,2027, the department may conduct audits and investigations for the purpose of ensuring covered product compliance with RCW 70A.245.020 and 70A.245.040 based on the information reported under RCW 70A.245.030.

(2) ((The)) Until DecemberJanuary 31,1, 2025,2027, the department shall annually publish a list of registered producers of covered products and associated brand names, their compliance status, and other information the department deems appropriate on the department's website.

(a) Must prepare and post on its website information regarding the prohibitions on the sale and distribution of expanded polystyrene p.products as specified under RCW 70A.245.070 and restrictions on the provision of optional serviceware under RCW 70A.245.080;

87 SHB 2049 products as specified under RCW 70A.245.070 and restrictions on the provision of optional serviceware under RCW 70A.245.080;

Only the director of the department or the director's designee may authorize expendituresp. from the account.

85 HB 2049 expenditures from the account.

and p.(b) 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.

88 SHB 2049 (b) 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.

The requirements of this section may be satisfied through a needs assessment as described in section 105(4) of this act.

(a) The name of the producer and the city, state, and country where the producer is located, which may be designated as the location of the producer's corporate headquartersheadquarters, , and, beginning Januaryp. 1, 2026, the percentage of postconsumer recycled content that the plastic trash bag contains in accordance with 16 C.F.R.

86 HB 2049 January 1, 2026, the percentage of postconsumer recycled content that the plastic trash bag contains in accordance with 16 C.F.R.

However, a person providing solid waste collection services may distribute for use in Washington any plastic collection bins that were in use or in its inventory in p.Washington state prior to January 1, 2025, until the end of such a bin's useful life.

89 SHB 2049 Washington state prior to January 1, 2025, until the end of such a bin's useful life.

(4)p. For the purposes of this section, "plastic collection bins" include plastic bins, cans, carts, toters, roll carts, or other receptacles used to collect recyclables, compostable materials, or garbage used by solid waste collection services.

87 HB 2049 (4) For the purposes of this section, "plastic collection bins" include plastic bins, cans, carts, toters, roll carts, or other receptacles used to collect recyclables, compostable materials, or garbage used by solid waste collection services.

Improper methods and practices of handling and disposal of solid wastes pollute our land, air and water resources, blight our p.countryside, adversely affect land values, and damage the overall quality of our environment.

90 SHB 2049 countryside, adversely affect land values, and damage the overall quality of our environment.

(b)p. It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in a manner that is environmentally safe and economically sound.

88 HB 2049 (b) It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in a manner that is environmentally safe and economically sound.

p.(e) It is the responsibility of producers to help provide for the responsible management of their products.

91 SHB 2049 (e) It is the responsibility of producers to help provide for the responsible management of their products.

(9)p. It is the state's goal to achieve a ((fifty)) 50 percent recycling rate by 2007.

89 HB 2049 (9) It is the state's goal to achieve a ((fifty)) 50 percent recycling rate by 2007.

p.(17) To ensure the safe and efficient operations of solid waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and certification.

92 SHB 2049 (17) To ensure the safe and efficient operations of solid waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and certification.

Sec.p.

90 HB 2049 Sec.

(((4))) (d) To encourage the development and operation of waste recycling facilities needed to accomplish the management priority of waste recycling, to promote consistency in the requirements for such facilities throughout the state, and to ensure that recyclable p.materials diverted from the waste stream for recycling are routed to facilities in which recycling occurs;

93 SHB 2049 materials diverted from the waste stream for recycling are routed to facilities in which recycling occurs;

(2) It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract withp. private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.

91 HB 2049 with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.

p.(c) Contain a six year construction and capital acquisition program for solid waste handling facilities;

94 SHB 2049 (c) Contain a six year construction and capital acquisition program for solid waste handling facilities;

(d)p. The projected solid waste collection needs for the respective jurisdictions for the next six years.

92 HB 2049 (d) The projected solid waste collection needs for the respective jurisdictions for the next six years.

Anticipated p.recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate.

95 SHB 2049 recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate.

(B) Beginning January 1, 2029, except where the county has adopted an ordinance consistent with section 114 of this act establishing that the full list of materials on the uniform statewide collection list for curbside recycling programs established by the department must be collected exclusively through drop-off locations in areas regulated by the utilities and transportation commission under the provisions of chapter 81.77 RCW as allowed under the provisions of chapter 70A.--- RCW (the new chapter created in section 501 of this act), these programs shall:

(I)p. Provide curbside collection of source separated recyclable materials from single-family and multiple-family residences wherever curbside garbage collection services are provided to these entities;

93 HB 2049 (I) Provide curbside collection of source separated recyclable materials from single-family and multiple-family residences wherever curbside garbage collection services are provided to these entities;

Beginning January 1, 2029, until a comprehensive solid waste management plan is amended, revised, or updated to be p.consistent with the requirements of this subsection (7)(b)(i), the model comprehensive solid waste plan amendment provided by the department under section 104 of this act applies in the jurisdiction;

96 SHB 2049 consistent with the requirements of this subsection (7)(b)(i), the model comprehensive solid waste plan amendment provided by the department under section 104 of this act applies in the jurisdiction;

(d)))p. Other information the county or city submitting the plan determines is necessary.

94 HB 2049 (d))) Other information the county or city submitting the plan determines is necessary.

Jurisdictions may adopt the state's contamination reduction and outreach plan as developed under RCW 70A.205.070 or participate in a producer responsibility organization's plan in lieu p.of creating their own plan.

97 SHB 2049 of creating their own plan.

Sec.p.

95 HB 2049 Sec.

(g) By requiring certificate holders under this chapter ((81.77 RCW)) to use rate structures and billing systems consistent with the p.solid waste management priorities set forth under RCW 70A.205.005 and the minimum levels of solid waste collection and recycling services pursuant to local comprehensive solid waste management plans.

98 SHB 2049 solid waste management priorities set forth under RCW 70A.205.005 and the minimum levels of solid waste collection and recycling services pursuant to local comprehensive solid waste management plans.

Sec.p.

96 HB 2049 Sec.

(2) If a solid waste collection company files a tariff to recover the costs specified under this section, and the commission suspends the tariff, the portion of the tariff covering costs specified in this section shall be placed in effect by the commission at the request of the company on an interim basis as of the originally filed p.effective date, subject to refund, pending the commission's final order.

99 SHB 2049 effective date, subject to refund, pending the commission's final order.

(b)p. Under the rules adopted by the commission, payment schedules must be consistent with:

97 HB 2049 (b) Under the rules adopted by the commission, payment schedules must be consistent with:

p.Sec.

100 SHB 2049 Sec.

Part Four Otherp. Conforming Amendments and Miscellaneous Provisions Sec.

98 HB 2049 Other Conforming Amendments and Miscellaneous Provisions Sec.

(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.300.120, 70A.350.070, p.70A.245.020, 70A.65.200, 70A.555.110, 70A.560.020, sections 123 and 211 of this act, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.

101 SHB 2049 70A.245.020, 70A.65.200, 70A.555.110, 70A.560.020, sections 123 and 211 of this act, 86.16.020, 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.

(f) Decisions of the department regarding waste-derived fertilizer or micronutrient fertilizer under RCW 15.54.820, and decisionsp. of the department regarding waste-derived soil amendments under RCW 70A.205.145.

99 HB 2049 decisions of the department regarding waste-derived soil amendments under RCW 70A.205.145.

(k) Decisions of the department of fish and wildlife to issue, deny, condition, or modify a hydraulic project approval permit under chapter 77.55 RCW, to issue a stop work order, to issue a notice to p.comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.

102 SHB 2049 comply, to issue a civil penalty, or to issue a notice of intent to disapprove applications.

(p) Decisions by the department of ecology under section 110(5) of this act regarding a proposal by a producer responsibility organization to count materials sent to an alternative recycling facility towards recycling performance rates.

(b)p. Hearings conducted by the department pursuant to RCW 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 70A.15.3110, and 90.44.180.

100 HB 2049 (b) Hearings conducted by the department pursuant to RCW 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 70A.15.3110, and 90.44.180.

(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.455.090, 70A.555.110, 70A.560.020, sections 123 and 211 of this act, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, p.90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity.

103 SHB 2049 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity.

(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority 30 days after the date of receipt by the person penalized of the notice imposing the penalty or 30 days after thep. date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.

101 HB 2049 the date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.

In these actions, the procedures p.and rules of evidence shall be the same as in an ordinary civil action.

104 SHB 2049 and rules of evidence shall be the same as in an ordinary civil action.

NEWp. SECTION.

102 HB 2049 NEW SECTION.

The p.improvements to the structure of the litter tax to be studied under this section may not include an increase in the rate of the litter tax under chapter 82.19 RCW or an expansion of the types of covered products under chapter 70A.--- RCW (the new chapter created in section 501 of this act) that are subject to the litter tax.

105 SHB 2049 improvements to the structure of the litter tax to be studied under this section may not include an increase in the rate of the litter tax under chapter 82.19 RCW or an expansion of the types of covered products under chapter 70A.--- RCW (the new chapter created in section 501 of this act) that are subject to the litter tax.

NEWp. SECTION.

103 HB 2049 NEW SECTION.

Sections 213 through 220 of this act take effect March 1, 2026.

NEW SECTION.

Sec.

407.

106104 SHBHB 2049