HB 1293 — Concerning litter.

ENGROSSEDH-0517.2 SUBSTITUTE HOUSE BILL 1293 State of Washington 69th Legislature 2025 Regular Session By House Appropriations (originally sponsored by Representatives Klicker, Dye, Connors, Barkis, Eslick, Caldier, and Kloba)Kloba READRead FIRSTfirst TIMEtime 02/28/25.01/14/25.

Referred to Committee on Environment & Energy.

reenactingcreating anda amendingnew RCWsection; 70A.530.020;

1 ESHBHB 1293 (2)(a) Except as provided in subsection (5) of this section, it is a class ((3)) 2 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

2 ESHBHB 1293 (5) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, potentially dangerous litter in any amount.

NEW SECTION.

RCW(1) 70A.530.020The anddepartment 2021of cecology 65must sconvene 78,a 2021littering csolutions 65task sforce 77,to andprovide 2021policy crecommendations 33to sthe 2legislature areto eachreduce reenactedlittering and amendedlitter toin readWashington. as follows:

(1)The Beginninggoal Januaryof 1,the 2021,policy exceptrecommendations asis providedto inensure thisthat sectionat andleast RCWas 70A.530.030,much alitter retailis establishmentbeing maycollected notannually providein toWashington aas customeris ordeposited. a person at an event:

(a)The Adepartment single-useof plasticecology carryoutmay bag;contract with an independent third-party facilitator to convene the littering solutions task force.

(b)(2) AThe paperdepartment carryoutof bagecology thatmust doesselect notone meetmember to the requirementslittering ofsolutions subsectiontask (6)(a)force offrom thiseach section or a reusable carryout bag made of filmthe plasticfollowing thatentities doesor notinterests: meet recycled content requirements;

or(a) (c)The Beginningdepartment January 1, ((2026)) 2028, a reusable carryout bag made of filmecology; plastic with a thickness of less than four mils ((, in the event that the 2025 legislature does not amend this section to reflect the recommendations to the legislature made consistent with RCW 70A.530.060)).

(2)(a)(b) AThe retaildepartment establishment may provide a reusable carryout bag or a compliant paper carryout bag of anytransportation; size to a customer at the point of sale.

A(c) retailThe establishmentWashington maystate makepatrol; reusable carryout bags available to customers through sale.

(b)(i)(d) UntilThe Decemberparks 31, 2025, a retail establishment must collect a pass-through charge of eight cents for every compliant paper carryout bag with a manufacturer's stated capacity of one- eighth barrel (eight hundred eighty-two cubic inches) or greater or reusable carryout bag made of film plastic it provides, except as provided in subsection (5) of this section and RCWrecreation 70A.530.030.commission;

(ii)(e) BeginningThe JanuaryWashington 1,state 2026,association a retail establishment must collect a pass-through charge of twelvecounties; cents for reusable carryout bags made of film plastic and eight cents for compliant paper carryout bags((, in the event that the 2025 legislature does not amend this section to reflect the recommendations to the legislature made consistent with RCW 70A.530.060.

It(f) isThe thedepartment intent of thenatural legislatureresources; for the 2025 legislature to reassess the amount of the pass-through charge authorized under this subsection (2)(b), taking into consideration the content of the report to the legislature under RCW 70A.530.060)).

(c)(g) AThe retaildepartment establishmentof mustfish keepand allwildlife; revenue from pass- through charges.

Theand pass-through(h) chargeAssociations isrepresenting: a taxable retail sale.

A(i) p.Solid waste collection and management companies in Washington;

3(ii) ESHBRetail 1293groceries; retail establishment must show all pass-through charges on a receipt provided to the customer.

(3)(iii) CarryoutHospitality bagsbusinesses; provided by a retail establishment do not include:

(a)(iv) BagsConvenience usedstores; by consumers inside stores to:

(i)(v) PackageTourism; bulk items, such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items such as nails, bolts, or screws;

(ii)(vi) ContainBeverage orproducers; wrap items where dampness or sanitation might be a problem including, but not limited to:

(A)(vii) FrozenTobacco foods;product manufacturers;

(B)and Meat;(viii) The Washington state association of counties.

(C)(3) Fish;In developing recommendations, the littering solutions task force must, at minimum, consider:

(D)(a) Flowers;The results of the department of ecology's 2022 statewide litter study;

(b) How to reduce litter at specific public sites such as roadways, interchanges, rest areas, state and (E)county Pottedparks, plants;and public recreation lands managed by the department of natural resources and the department of fish and wildlife;

(iii) Contain unwrapped prepared foods or bakery goods;

(iv) Contain prescription drugs;

or (v) Protect a purchased item from damaging or contaminating other purchased items when placed in a compliant paper carryout bag or reusable carryout bag;

or (b) Newspaper bags, mailing pouches, sealed envelopes, door hanger bags, laundry/dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, or pet waste.

(4)(a) Any compostable film bag that a retail establishment provides to customers for products, including for products bagged in stores prior to checkout, must meet the requirements for compostable products and film bags in chapter 70A.455 RCW.

(b) A retail establishment may not use or provide polyethylene or other noncompostable plastic bags for bagging of customer products in stores, as carryout bags, or for home delivery that do not meet the requirements for noncompostable products and film bags in chapter 70A.455 RCW.

(5) Except as provided by local regulations enacted as of April 1, 2020, a retail establishment may provide a bag restricted under subsection (1) of this section from existing inventory until one year after June 11, 2020.

The retail establishment, upon request by the department, must provide purchase invoices, distribution receipts, or other information documenting that the bag was acquired prior to June 11, 2020.

43 ESHBHB 1293 (6)(c) ForHow to reduce the purposesmost commonly littered types of thislitter, section:such as construction and demolition debris and cigarette butts;

(a)and A(d) compliantHow paperto carryoutreduce bagthe must:cost-per-mile of litter cleanup along state roadways and the root causes of why the average amount of litter per mile far exceeds the average amount of litter per mile along roadways in other states.

(i)(4) ContainThe adepartment minimum of fortyecology percentmust postconsumersubmit recycleda materials,status aupdate minimumto the appropriate committees of 40the percentlegislature nonwoodby renewableJanuary fiber,15, or2026, and a combinationfinal ofreport postconsumerconsisting recycledof materialsthe andrecommendations nonwoodof renewablethe fiberlittering thatsolutions totalstask atforce leastby 40November percent;15, 2026.