HB 1900 — Implementing strategies to achieve higher recycling rates within Washington's existing solid waste management system.

Bill Text

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Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 10 section(s) of the Revised Code of Washington: RCW 82.08.0293; RCW 70A.245.020; RCW 70A.245; RCW 70A.245.030; RCW 70A.245.060; RCW 70A.245.090.

• RCW 82.08.0293

  beverages identified in (a) through (f) of this subsection, (a) (b) (c) (d) (e) and (f) Any beverage other than those specified in (a) through (e) of this subsection, except and personal care products that use plastic household cleaning and personal care product containers; and (iii) Beverages that use plastic beverage containers and personal care product" means any of the following: (a) Laundry detergents, softeners, and stain removers; (b) Household cleaning products; (c) Liquid soap; (d) Shampoo, conditioner, styling sprays and gels, and other hair care products; or (e) Lotion, moisturizer, facial toner, and other skin care (a) (b) (c) (d) and with a neck or mouth narrower than the base, and A)) With a minimum capacity of eight fluid ounces or its equivalent volume; (ii) ((A and and and ; or (iii) De minimis producers that annually sell, offer for sale, distribute, or import in or into the country for sale in Washington: (A) 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; or (B) A single category of a covered product that in aggregate generates less than $1,000,000 each year in revenue → 245.010 and 2021 c 313 s 2 are each amended to read as follows: The definitions this section apply throughout this chapter unless the context c rly requires otherwise. (1)(a) "Beverage eans ⟦INS⟧liquid products pti and ss n or (i) W (ii) (iii) (iv) (v) Mineral water, soda water, and similar carbonated soft drinks; (vi) Dairy milk; and (vii) Any other beverage identified by the department by rule. (b) Beverage does not include infant formula as defined in 21 U.S.C. Sec. 321(z), medical food as defined in 21 U.S.C. Sec. 360ee(b)(3), or fortified oral nutritional supplements used for persons who require supplemental or sole source nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, or other medical conditions as determined by the department. (2) "Beverage manufacturing industry" means an association that represents beverage producers. (3) "Condiment packaging" means packaging used to deliver single- serving condiments to customers. Condiment packaging includes, but is not limited to, single-serving packaging for ketchup, mustard, relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly, jam, and soy sauce. (4)(a) "Covered product" means an item in one of the following categories subject to minimum postconsumer recycled content requirements: (i) Plastic trash bags; (ii) Household cleaning products that use plastic household cleaning product containers; (iii) Personal care products that use personal care product containers; (iv) Beverages that use plastic beverage containers; (v) Plastic tubs; (vi) Thermoform plastic polyethylene terephthalate containers; and (vii) Single-use polypropylene, polyethylene terephthalate, or polystyrene cups (5) "Dairy milk" means a beverage that designates milk as the predominant (first) ingredient in the ingredient list on the container's label. (6) "Department" means the department of ecology. (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 including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion- blow molding (extruded foam polystyrene). (8) "Food service business" means a business selling or providing food for consumption on or off the premises, and includes full- service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, home delivery services, delivery services provided through an online application, and business or institutional cafeterias. (9) "Food service product" means a product intended for one-time use and used for food or drink offered for sale or use. Food service products include, but are not limited to, containers, plates, bowls, cups, lids, beverage containers, meat trays, deli rounds, utensils, sachets, straws, condiment packaging, clamshells and other hinged or lidded containers, wrap, and portion cups. (10) "Household cleaning products" means products labeled, marketed, or otherwise indicating that the purpose of the product is to clean, freshen, or remove unwanted substances, such as dirt, stains, and other impurities from objects, interior or exterior structures, vehicles, possessions, and environments associated with a household. These items include: (a) Liquid soaps, laundry soaps, detergents, softeners, surface polishes, and stain removers; (b) Textile cleaners, carpet and pet cleaners, and treatments; or (c) Other products used to clean or freshen areas associated with a household (11) "Household cleaning and personal care product manufacturing industry" means an association that represents companies that manufacture household cleaning products and personal care products. (12) "Licensee" means a manufacturer of a covered product or entity who licenses a brand and manufactures a covered product under that brand. (13) "Ora

  amended

• RCW 70A.245.020

  subsection (4) of this subsection (6) of this and subsection (5) of this subsection (4) of this April 1, 2024, for plastic trash bags and plastic beverage containers other than wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers, April 1, 2026, for plastic household and personal care product containers, and April 1, 2029, for wine in 187 milliliter plastic beverage containers and dairy milk required under RCW 70A.245.030 this section and RCW 70A.245.030 through 70A.245.060 and 70A.245.090 (1), (2), and (4) A producer of a beverage in a plastic beverage container must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of plastic beverage containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective: (a) For beverages except wine in 187 milliliter plastic beverage containers and dairy milk: (i) January 1, 2023, through December 31, 2025: No less than 15 percent postconsumer recycled content plastic by weight; (ii) January 1, 2026, through December 31, 2030: No less than 25 percent postconsumer recycled content plastic by weight; and (iii) On and after January 1, 2031: No less than 50 percent postconsumer recycled content plastic by weight. (b) For wine in 187 milliliter plastic beverage containers and dairy milk: (i) January 1, 2028, through December 31, 2030: No less than 15 percent postconsumer recycled content plastic by weight; (ii) January 1, 2031, through December 31, 2035: No less than 25 percent postconsumer recycled content plastic by weight; and (iii) On and after January 1, 2036: No less than 50 percent postconsumer recycled content plastic by 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 effective: (a) January 1, 2025, through December 31, 2027: No less than 15 percent postconsumer recycled content plastic by weight; (b) January 1, 2028, through December 31, 2030: No less than 25 percent postconsumer recycled content plastic by weight; and (c) On and after January 1, 2031: No less than 50 percent postconsumer recycled content plastic by weight. (6) A producer of plastic trash bags must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of plastic trash bags, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective: (a) January 1, 2023, through December 31, 2024: No less than 10 percent postconsumer recycled content plastic by weight; p. 35 HB 1900 (b) January 1, 2025, through December 31, 2026: No less than 15 percent postconsumer recycled content plastic by weight; and (c) On and after January 1, 2027: No less than 20 percent postconsumer recycled content plastic by weight. (7) Beginning January 1, 2024, or when rule making is complete, whichever is sooner, the department may, on an annual basis on January 1st, subsection (4), (5), or (6) of this section subsection (4), (5), or (6) of this section → read as follows: (1)(a) Beginning January 1, 2023, producers that offer for sale, sell, or distribute in or into Washington: (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 section 302 of this act; and (ii) Plastic trash bags must meet mum postconsumer recycled content requirements established unde section 304 of this act. (b) Beginning January 1, 2025, p at offer for sale, sell, or distribute in or into Washing ld cleaning products or personal care products household cleaning product containers and personal care ontainers must meet minimum pos mer recycled content under sec⟦INS⟧tion 303 of this act. g January 1, 2028, p at offer for ute in or into Wash in 187 milli containers or dair n plastic bev meet minimum postc cycled conten 302 of this act (d) Beginning January 1, 2028, producers that offer for sale, sell, or distribute in or into Washington polypropylene plastic tubs must meet minimum postconsumer recycled content requirements established under section 305 of this act. (e) Beginning January 1, 2031, producers that offer for sale, sell, or distribute in or into Washington single-use plastic cups must meet minimum postconsumer recycled content requirements established under section 306 of this act. (f) Beginning January 1, 2028, producers that offer for sale, sell, or distribute in or into Washington polyethylene terephthalate thermoform plastic containers except those containing durable goods must meet minimum postconsumer recycled content requirements established under section 307 of this act. (g) Beginning January 1, 2033, producers that offer for sale, sell, or distribute in or into Washington durable goods in polyethylene terephthalate thermoform plastic containers must meet minimum postconsumer recycled content requirements established under section 307 of this act. (2)(a) On or before April 1, 2022, and annually thereafter, 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. A producer of products newly added to the list of covered products under this act must register with the department individually or through a third-party representative registering on behalf of a group of producers on or before April 1, 2024. (b) The registration information submitted to the department under this section must include a list of the producers of covered products and the brand names of the covered products represented in the registration submittal. Beginning in the year in which an annual report must be submitted by a producer under RCW 70A.245.030, a producer may su me time as the information s (3)(a) By January 31, 2022, and every January 31st thereafter, the department must: (i) Prepare an annual workload analysis for public comment that identifies the annual costs it expects to incur to implement, administer, and enforce the requirements related to postconsumer recycled content under this chapter, including rule making, in the next fiscal year for each category of covered products; (ii) Determine a total annual fee payment by producers or their third-party representatives for each category of covered products that is adequate to cover, but not exceed, the workload identified in (a)(i) of this subsection; (iii) Until rules are adopted under (a)(iv) of this subsection, issue a general order to all entities falling within the definition of producer. The department must equitably determine fee amounts for an individual producer or third-party representatives within each category of covered product; (iv) By 2024, adopt rules to equitably determine annual fee payments by producers or their third-party representatives within each category of covered product. Once such rules are adopted, the general order issue

  amended

• RCW 70A.245

  section subsection (4), (5), or (6) of this section subsection (5) of this subsection (6) of this subsection (6)(a) of this (8) (8) December 31st (7) (9) section (10) (11) (12) → (vi) The progress made by producers in achieving the postconsumer recycled content goals of this chapter. (c) Under (a) of this subsection: (i) 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 sections 302 through 307 of this act (ii) r stic household cleaning product containers and personal e p duct containers, the department may not adjust the minimum p con er recycled content requirements above the minimum postconsu re led content percentages for the year under review required sua to section 303 of this act or be a imum of 10 percent. (iii) r p stic trash bags, the department may not adjust the minimum p con er recycled content requirements above the minimum postconsu re led content percentages for the year under review required sua to section 304 of this act or b t minimum percentag in cti 304(1) of this act ) pro industry for covered pro t department o adjust pos nsu r under (a) of this sub tio r d products f m minimum pos nsu re nder subsect n (5) th sec hearings boar within 30 f t dep (5) ily exclude f m minimum r the upcomi year any ers for which producer June 1st ecy d c lly asi f era (4) (6)(a) A producer or group of producers may evaluate the postconsumer recycled content requirements in sections 302 (1)(c) and (2)(c), 303(3), 304(2), 305 (1) and (2), and 306 (1)(b) and (2)(a) of this act and assess the market conditions, postconsumer recycled content availability, and technological feasibility of these requirements, no later than six months prior to the dates identified in those sections. The producer or group of producers 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 or group of producers 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 a producer or group of producers, and submission of data demonstrating that the conditions justifying the current extension remain in place. (d) If an extension is granted, the department may report to the legislature any potential need to revise these requirements, prior to the expiration of a one-year extension period. (7) A duce postconsumer recy t r reme chapter t to nalt .040. (8)( municipal corpora t i ment irements for a cov t t is umer recycled con emen esta ) A y, t rporation may estab purc ing ycled content stand xcee he m rements establishe hapt for product containers al c pro town r mu (9) es r ired ment (10) postconsumer recycled content requirements become effective may exhaust their existing stock through sales to the public.

  amended

• RCW 70A.245.030

  and (c) April 1 manufacturer April 1 (c) April 1, 2029 (d) → read as follows: (1)(a) Except as provided in (b) through (f) of this subsection, beginning June 30, 2024, 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. The report must be submitted in a format and manner prescribed by the department. A producer may submit national data allocated on a per capita basis for Washington to approximate the information required in this subsection if the producer or third- party representative demonstrates to the department that state level data are not available or feasible to generate. (b) The report required in (a) of this subsection must include a certificate of compliance or similar proof of certification conducted by a nationally recognized, independent third party that has achieved ISO/IEC 17065 accreditation, as it existed as of January 1, 2023, or a similar certification identified by the department. The proof of certification must include all of the following: (i) The names, locations, and contact information of all sources of postconsumer recycled content material and suppliers of postconsumer recycled content material; (ii) The quantity and dates of postconsumer recycled content material purchases by the producer; and (iii) How postconsumer recycled content material was obtained. (c) The requirements of (a) of this subsection apply household clea ng products in plastic containers nd personal care oducts in plas c c ain June 30, 2026. (d) f this subsect apply to wine ntainers and d milk in plas June 30, 2026 (e) The requirements of (a) of this subsection apply to polypropylene plastic tubs beginning June 30, 2029. (f) The requirements of (a) of this subsection apply to polyethylene terephthalate thermoform plastic containers beginning June 30, 2029. (g) The requirements of (a) of this subsection apply to single- use plastic cups made of polyethylene terephthalate, polypropylene, or polystyrene beginning June 30, 2030. (h) The department must post the information reported under this subsection on its website, except as provided in subsection (2) of this section. (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, the director, or the appropriate division of the department. The director of the department must give consideration to the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in (3) The department must review and may approve reports submitted under this section. The department must: (a) Make reports submitted under this section, including petitions for exclusions or rate adjustments under this chapter, available for public review and comment for at least 30 days upon the receipt of the annual report by the department; (b) Make a determination as to whether or not an annual report meets the requirements of this section and notify the producer of the: (i) Determination of approval of the report; or (ii) Reasons for not approving the report. The producer must submit a revised report within 60 days after receipt of the letter of disapproval. (4) The department must post approved annual reports submitted by each producer under this section on its website. The department must also post on its website all resin suppliers meeting postconsumer recycled content certification requirements.

  amended

• RCW 70A.245.020

  RCW 70A.245.020 June RCW 70A.245.020 → A.24 0 and 2 s 5 are each ame d to read as (1) r th does n e minimum post umer recycle uire s purs this chapter o a lty pu ear llowing d p uct co p ct, th ecti (2) of ive ion pla s se n. that asses pen to th s, arrange al he dep ess depart esee ircumst merg , or na October (b) For the purposes of (a) of this subsection, both of the following apply: (i) The total pounds of plastic used must equal the sum of the amount of virgin plastic, postconsumer recycled content plastic, and any other plastic used by the producer, as reported pursuant to RCW 70A.245.030. (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. (3)(a)(i) The department shall consider granting a reduction of penalties assessed pursuant to this section for the purpose of meeting the minimum postconsumer recycled content requirements required pursuant to RCW 70A.245.020. (ii) In determining whether to grant the reduction pursuant to (a)(i) of this subsection, the department shall consider, at a minimum, all of the following factors: (A) Anomalous market conditions; (B) Disruption in, or lack of supply of, recycled plastics; and (C) Other factors that have prevented a producer from meeting the requirements. (b) In lieu of or in addition to assessing a penalty under this section, the department may require a producer to submit a corrective action plan detailing how the producer plans to come into compliance with the minimum postconsumer recycled content requirements of this chapter

  amended

• RCW 70A.245.060

  (1) Beginning January 1, 2023, producers shall label each package containing plastic trash bags sold, offered for sale, or distributed in or into Washington with: (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 headquarters and, beginning January 1, 2025, with the percentage of postconsumer recycled content that the plastic trash bag contains in accordance with 16 C.F.R. Part 260, as it existed as of the effective date of this section; or (b) A uniform resource locator or quick response code to an internet website that contains the information required pursuant to (a) of this subsection. (2)(a) The provisions of subsection (1) of this section do not apply to a plastic bag that is designed and manufactured to hold, store, or transport dangerous waste or biomedical waste. (b) For the purposes of this subsection: (i) "Biomedical waste" means any waste defined as that term under (ii) "Dangerous waste" means any waste defined as dangerous wastes under RCW 70A.300.010.

  amended

• RCW 70A.245.090

  RCW 70A.245.020 and 70A.245.040 → to read as follows: (1) The department may conduct audits and investigations for the purpose of ensuring compliance with the postconsumer recycled content requirements of this chapter based on the informatio ported under RCW 70A.245.030. (2) The department shall ally publish a list of registered producers of covered produc subject to minimum postconsumer recycled content requirements educational materials and resources for the state's diverse ethnic populations from existing materials used by local jurisdictions and other states. (4) The department may adopt rules as necessary to administer, implement, and enforce this chapter.

  amended

• RCW 70A.245.110

  the requirements of RCW 70A.245.020 through 70A.245.060 and 70A.245.090 (1), (2), and (4) → to read as follows: The recycled content account is created in the custody of the state treasurer. All receipts received by the department under RCW 70A.245.020 must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account may be used by the department only for implementing, administering, and enforcing the provisions of this chapter related to minimum postconsumer recycled content of products.

  amended

• RCW 70A.245

  RCW 70A.245.020 and 70A.245.030 → 0 and 2021 ded to read as follows: (1) Subject to the ava bility of am his specific purpose prior to anuary 1, all contract with a research versity or rty consultant to study the astic resin the following: (a) Analyzing market c itions and o e's recycling industry for me ing the min led content requirements for covered pro this chapter PART 5 MISCELLANEOUS PROVISIONS

  amended

• RCW 81.77.195

  REPORT T E LEGISLATURE. (1) By December 1, 2024, the utilities and transpor n commission, in consultation with counties, cities, and regulate lid waste collection companies, must submit a report to the app ate committees of the legislature addressing how to improve esses, including increasing the number of customers served improving the ease of administration, for providing discount low-income solid waste collection company customers. (2) utilities and transportation commission's recommendations may incl proposed changes to the provisions of RCW 81.77.195. The commissi recommendations must consider how local governments or nonprofi rtners should certify the eligibility of low-income customer r discounts, and the appropriate role of the commission in appro proposed rates, charges, and services and in setting standard or low-income solid waste collection rate discount eligibil

  amended

• RCW 70A.245.100

  and → to read llows: The cling enhancement account is created in the custody of the sta reasurer. All penalties collected by the department pursuant this act t be deposited in the account. Only the direct the director's designee may authorize expendit The account is subject to the allotment procedu 88 RCW, but an appropriation is not requ Expenditures from the account may be used nly for providing grants to local governments supporting local solid waste and financial a

  amended

• RCW 70A.245.110

  and → llows: cled content account is created in the custod rer. All receipts received by the department and fees paid under section 210 of this act ector's designee may authorize expenditures from the account. The ount is subject to the allotment procedures under chapter 43.88 , but an appropriation is not required for expenditures. enditures from the account may be used by the department only for lementing, administering, and enforcing the requirements of RCW .245.020 through 70A.245.060 , 70A.245.090 (1), (2), and , and sections 209 and 210 of this act

  amended

• RCW 43.21B.110

  455 s 5, 2023 c 434 s 20, ch reenacted and amended to ve jurisdiction to hear and ons of the department, the the air pollution control uant to chapter 70A.15 RCW, of natural resources, the s and recreation commission, n chapter 79.100 RCW: uant to RCW 18.104.155, 70A.530.040, 70A.350.070, section 210 of this act,

  amended

Action History

1. January 11, 2024

   Public hearing in the House Committee on Environment & Energy at 8:00 AM.

2. January 08, 2024

   First reading, referred to Environment & Energy.

3. December 06, 2023

   Prefiled for introduction.

Sponsors

• Clyde Shavers · Cosponsor
• Gerry Pollet · Cosponsor
• My-Linh Thai · Cosponsor
• April Berg · Cosponsor
• Shelley Kloba · Cosponsor
• Lisa Callan · Cosponsor
• Ramos · Cosponsor
• Mari Leavitt · Cosponsor
• Cindy Ryu · Cosponsor
• Sam Low · Cosponsor
• Sharon Wylie · Cosponsor
• Dan Bronoske · Cosponsor
• Mike Chapman · Cosponsor
• Alicia Rule · Cosponsor
• Amy Walen · Cosponsor
• Kristine Reeves · Cosponsor
• Jake Fey · Primary

Subjects