SB 5284 — Improving Washington's solid waste management outcomes.

p.(k) Exempt materials, as determined by the department under section 125 of this act;

5 SSB 5284 (k) Exempt materials, as determined by the department under section 125 of this act;

and (n)p. Covered materials for which the producer demonstrates to the department that the covered material meets all of the following criteria:

5 SB 5284 (n) Covered materials for which the producer demonstrates to the department that the covered material meets all of the following criteria:

(20)(18) "Government entity" means any:

p.(a) County, city, town, or other local government, including any municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency;

6 SSB 5284 (a) County, city, town, or other local government, including any municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency;

(21)(19) "Individual plan" means a plan submitted by a producer that registers with the department as a producer responsibility organization to address the covered materials of the producer.

(22)p. "Introduce" means to sell, offer for sale, distribute, or ship a product within or into this state.

(23)6 "MaterialSB recovery5284 facility"(20) "Introduce" means anyto facilitysell, thatoffer receives,for compacts,sale, repackages,distribute, or sortsship sourcea separatedproduct solidwithin wasteor forinto thethis purposestate. of recycling.

(24)(21) "Overburdened"Material communities"recovery facility" means theany overburdenedfacility communitiesthat identifiedreceives, andcompacts, prioritizedrepackages, byor thesorts departmentsource underseparated RCWsolid 70A.02.050(1)(a).waste for the purpose of recycling.

(25)(a)(22) "Packaging""Overburdened communities" means athe material,overburdened substance,communities oridentified object that is used to protect, contain, transport, serve, or facilitate delivery of a product and isprioritized soldby or supplied with the productdepartment tounder theRCW consumer70A.02.050(1)(a). for personal, noncommercial use.

(23)(a) "Packaging" means a material, substance, or object that is used to protect, contain, transport, serve, or facilitate delivery of a product and is sold or supplied with the product to the consumer for personal, noncommercial use.

(26)(24) "Paper product" means paper sold or supplied to a consumer for personal, noncommercial use, including flyers, brochures, booklets, catalogs, magazines, printed paper, and all other paper materials except for:

(27)(a)(25)(a) "Plastic source reduction" means the reduction in the amount of covered plastic material introduced by a producer relative to a baseline year of 2023, or relative to an alternative baseline year of no earlier than 2013 where a producer submits data p.documenting the plastic source reduction to a producer responsibility organization.

7 SSB 5284 documenting the plastic source reduction to a producer responsibility organization.

or (ii)p. Switching from virgin covered material to postconsumer recycled content, except as allowed under an alternative compliance formula in section 115 (6) of this act.

(28)7 "PostconsumerSB recycled5284 content"(ii) hasSwitching thefrom samevirgin meaningcovered asmaterial definedto inpostconsumer RCWrecycled 70A.245.010.content.

(29)(a)(26) "Producer""Postconsumer meansrecycled thecontent" followinghas personthe responsiblesame formeaning complianceas withdefined requirementsin underRCW this70A.245.010. chapter for a covered material introduced into the state:

(27)(a) "Producer" means the following person responsible for compliance with requirements under this chapter for a covered material introduced into the state:

or p.(E) If there is no person described in (a)(i)(A) through (D) of this subsection, the producer is the person that first distributes the item in or into this state;

8 SSB 5284 (E) If there is no person described in (a)(i)(A) through (D) of this subsection, the producer is the person that first distributes the item in or into this state;

(iv)p. For paper products that are magazines, catalogs, telephone directories, or similar publications, the producer is the publisher;

8 SB 5284 (iv) For paper products that are magazines, catalogs, telephone directories, or similar publications, the producer is the publisher;

p.(vi) A person is the "producer" of a covered material sold, offered for sale, or distributed in or into this state, as defined in (a)(i) through (v) of this subsection, except:

9 SSB 5284 (vi) A person is the "producer" of a covered material sold, offered for sale, or distributed in or into this state, as defined in (a)(i) through (v) of this subsection, except:

If 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.organization;

Theand following(B) personsIf arethe notproducer eligibledescribed toin be(a)(i) thethrough assigned(v) recipient of responsibilitythis assubsection is a producerbusiness underoperated thiswholly subsection:or in part as a franchise, p.

(I)9 ASB person5284 whothe producesproducer anis agriculturalthe commodityfranchisor, introducedif underthat thefranchisor brandhas orfranchisees trademarkthat ofhave anothera manufacturercommercial orpresence person;within the state.

or (II) a distributor of a beverage sold in a beverage container;

and (B) If the producer described in (a)(i) through (v) of this subsection is a business operated wholly or in part as a franchise, the producer is the franchisor, if that franchisor has franchisees that have a commercial presence within the state.

(30)(28) "Producer responsibility organization" means:

501501(c)(3) (c)(3) of the federal internal revenue code and is designated by a producer or group of producers to fulfill the requirements of this chapter;

(31)(29) "Program" means the activities conducted to implement an approved plan.

(32)(a)(30)(a) "Public place" means an indoor or outdoor location open to and generally used by the public and to which the public is permitted to have access including, but not limited to, streets, p.sidewalks, plazas, town squares, public parks, beaches, forests, or other public land open for recreation or other uses, and transportation facilities such as bus and train stations, airports, and ferry terminals.

10 SSB 5284 sidewalks, plazas, town squares, public parks, beaches, forests, or other public land open for recreation or other uses, and transportation facilities such as bus and train stations, airports, and ferry terminals.

(33)(31) "Recycling" means transforming or remanufacturing covered materials into usable or marketable materials for use other than landfill disposal or incineration and does not include reuse or composting.

(34)(32) "Recycling rate" means the amount of covered materials, in aggregate or by individual covered materials type, delivered to responsible markets for recycling in a calendar year divided by the total amount of covered materials introduced by the relevant unit of measurement and excluding covered materials that are reusable or compostable.

(35)(33) "Refill" means the continued use of a covered material by a consumer through a system that is:

(a)p. Intentionally designed and marketed for repeated filling of a covered material to reduce demand for new production of the covered material;

10 SB 5284 (a) Intentionally designed and marketed for repeated filling of a covered material to reduce demand for new production of the covered material;

(36)(34) "Responsible market" means an entity that:

and (d) Meets the minimum operational standards adopted under a producer responsibility organization plan to protect the environment, p.public health, worker health and safety, and minimize adverse impacts to socially vulnerable populations.

11(35) SSB"Responsible 5284producer" publicmeans health,a workerproducer healththat andis safety,not anda minimizede adverseminimis impactsproducer. to socially vulnerable populations.

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

(38)(37) "Retail"Return establishment"rate" includesmeans anythe person,amount corporation,of partnership,reusable business,covered facility,material vendor,in organization,aggregate or by individual thatcovered sellsmaterials ortype, providescollected merchandise,for goods,reuse by a producer or materialsservice directlyprovider toin a customer.calendar year, divided by the total amount of reusable covered materials introduced by the relevant unit of measurement.

(39)(38) "Return"Reusable" rate" means thecapable amount of reusablereuse. covered material in aggregate or by individual covered materials type, collected for reuse by a producer or service provider in a calendar year, divided by the total amount of reusable covered materials introduced by the relevant unit of measurement.

(40)(39) "Reusable""Reuse" means capablethe return of reuse.a covered material to the marketplace and the continued use of the covered material by a producer or service provider when the covered material is:

(41) "Reuse" means the return of a covered material to the marketplace and the continued use of the covered material by a producer or service provider when the covered material is:

(b)p. Designed for durability and maintenance to extend its useful life and reduce demand for new production of the covered material;

11 SB 5284 (b) Designed for durability and maintenance to extend its useful life and reduce demand for new production of the covered material;

(42)(40) "Reuse rate" means the share of units of a reusable covered material introduced into the state in a calendar year that are demonstrated and deemed reusable in accordance with an approved plan.

(43)(41) "Service provider" means an entity that provides covered services for covered materials.

(44)(42) "Socially vulnerable population" means:

(a) Any person residing in a census tract that contains a high overall social vulnerability index as measured using the United p.States center for disease control and the agency for toxic substances and disease registry's social vulnerability index, as it existed as of January 1, 2025, for the most recent year such data are available;

12 SSB 5284 States center for disease control and the agency for toxic substances and disease registry's social vulnerability index, as it existed as of January 1, 2025, for the most recent year such data are available;

(45)(43) "Third-party certification" means certification by an accredited independent organization that a standard or process required by this chapter, or by a plan approved under this chapter, has been achieved.

(46)(44) "Toxic substance" means chemicals that are regulated under chapter 70A.222, 70A.350, 70A.430, or 70A.560 RCW.

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

NEWp. SECTION.

12 SB 5284 NEW SECTION.

and p.(e) Documentation demonstrating adequate financial responsibility and financial controls to ensure proper management of funds and payment of the annual registration fee to the department.

13 SSB 5284 (e) Documentation demonstrating adequate financial responsibility and financial controls to ensure proper management of funds and payment of the annual registration fee to the department.

(4) By September 1, 2026, and each May 1st thereafter, a producer responsibility organization must submit an annual registration fee to fund all costs of the department to implement, administer, and enforce this chapter,chapter. including the costs of the department of labor and industries to implement and enforce section 304 of this act and RCW 49.48.082.

(b)p. Through a producer responsibility organization, implement and finance a statewide program for packaging and paper products in accordance with this chapter that encourages redesign to reduce environmental impacts and human health impacts and that reduces generation of covered material waste through waste reduction, refill, reuse, recycling, and composting and by providing for the collection, transportation, and processing of used covered materials for reuse, recycling, and composting;

13 SB 5284 (b) Through a producer responsibility organization, implement and finance a statewide program for packaging and paper products in accordance with this chapter that encourages redesign to reduce environmental impacts and human health impacts and that reduces generation of covered material waste through waste reduction, refill, reuse, recycling, and composting and by providing for the collection, transportation, and processing of used covered materials for reuse, recycling, and composting;

(ii)(A) Except as provided in (a)(ii)(B) of this subsection, by September 1, 2026, submit a one-time payment to the department, in p.lieu of the registration fee required in section 103 of this act, in an amount determined by the department, to cover the costs of the department under this chapter from the effective date of this section through June 30, 2027;

14 SSB 5284 lieu of the registration fee required in section 103 of this act, in an amount determined by the department, to cover the costs of the department under this chapter from the effective date of this section through June 30, 2027, including the costs determined by the department of labor and industries to implement and enforce section 304 of this act and RCW 49.48.082;

(d)p. By January 1, 2030, or within six months of plan approval, whichever is later, implement the plan approved by the department;

14 SB 5284 (d) By January 1, 2030, or within six months of plan approval, whichever is later, implement the plan approved by the department;

p.(j) Notify the department within 30 days of a change made to the contact information for a person responsible for implementing the plan, to board membership, or to the executive director;

15 SSB 5284 (j) Notify the department within 30 days of a change made to the contact information for a person responsible for implementing the plan, to board membership, or to the executive director;

(b) Annual reports of all producer responsibility organizations into a single annual report that covers all requirements of this chapterp. and encompasses all producers when submitted to the department;

15 SB 5284 chapter and encompasses all producers when submitted to the department;

The reuse financial assistance program must collectively be funded by registered producer responsibility organizations.organizations in the amount of $5,000,000 beginning in 2027 and adjusted annually thereafter for inflation.

The fundeddepartment amount must be:use the consumer price index for urban wage earners to calculate the annual rate of inflation adjustment effective January 1st of each year.

(i) At least $5,000,000 beginning in 2029 and adjusted annually thereafter for inflation.

The producer responsibility organization must use the consumer price index for urban wage earners to calculate the annual rate of inflation adjustment effective January 1st of each year;

and p.

16 SSB 5284 (ii) Sufficient to achieve the reuse and return rate targets and requirements established in section 115 of this act.

If at any point the department determines that reuse and return rate targets or statewide requirements are not met, each producer responsibility organization must increase annual contributions to and expenditures from the reuse financial assistance program.

(6) A producer responsibility organization may not include on its board of directors, or otherwise be governed by, representatives or affiliates of any public or private entities that submit bids to performp. work for the producer responsibility organization or that contract with the producer responsibility organization.

16 SB 5284 perform work for the producer responsibility organization or that contract with the producer responsibility organization.

Therefore, the legislature exempts from state antitrust laws, and provides immunity through the state action doctrine from federal antitrust laws, p.activities that are undertaken in compliance with and pursuant to this chapter, including activities that are reviewed or approved by the department, that might otherwise be constrained by such laws.

17 SSB 5284 activities that are undertaken in compliance with and pursuant to this chapter, including activities that are reviewed or approved by the department, that might otherwise be constrained by such laws.

(h)p. One member representing a waste facility that accepts and processes compostable materials for composting or a statewide trade association that represents those facilities;

17 SB 5284 (h) One member representing a waste facility that accepts and processes compostable materials for composting or a statewide trade association that represents those facilities;

p.(k) One member representing tribal or indigenous solid waste services organizations;

18 SSB 5284 (k) One member representing tribal or indigenous solid waste services organizations;

and (n) One nonvoting member representing the department.

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

18 SB 5284 (5) Advisory councilmembers that are representatives of tribes, tribal or indigenous services organizations, community-based organizations, or environmental nonprofit organizations must, if requested, be compensated and reimbursed in accordance with RCW 43.03.050, 43.03.060, and 43.03.220.

p.(b) Action by the advisory council requires a quorum and a majority of those present and voting.

19All SSBmembers 5284of (b)the Actionadvisory bycouncil, except the advisorymember councilappointed requiresto arepresent quorumthe anddepartment, aare majorityvoting members of thosethe presentcouncil. and voting.

All members of the advisory council, except the member appointed to represent the department and the member appointed to represent the producer responsibility organization, are voting members of the council.

NEWp. SECTION.

19 SB 5284 NEW SECTION.

p.(d) By January 31, 2026, and annually thereafter, facilitate registration by service providers, as required under section 107 of this act;

20 SSB 5284 (d) By January 31, 2026, and annually thereafter, facilitate registration by service providers, as required under section 107 of this act;

(h)(i)(h) By JulyMarch 1,31, 2026,2027, determine the one-timeannual registration fee in subsection (4)(c)(4)(a) of this section;

and (ii) By March 31, 2027, determine the annual registration fee in subsection (4)(a) of this section;

(n)p. Beginning July 1, 2031, and annually thereafter, review and approve annual reports, as described in subsection (6) of this section;

20 SB 5284 (n) Beginning July 1, 2031, and annually thereafter, review and approve annual reports, as described in subsection (6) of this section;

p.(q) Establish statewide requirements as required under section 115(10) of this act;

21 SSB 5284 (q) Establish statewide requirements as required under section 115(10) of this act;

Until the conclusionp. of the initial plan implementation period, producers of covered materials that do not register as producer responsibility organizations must join the producer responsibility organization whose registration is approved by the department.

21 SB 5284 conclusion of the initial plan implementation period, producers of covered materials that do not register as producer responsibility organizations must join the producer responsibility organization whose registration is approved by the department.

p.(4)(a) By March 31, 2027, and every March 31st thereafter, the department must:

22(i) SSBDetermine 5284a (4)(a)total Byannual Marchregistration 31,fee 2027,to be paid by each producer responsibility organization that is adequate to cover, but not exceed, the costs to implement, administer, and everyenforce Marchthis 31stchapter thereafter,in the departmentnext must:fiscal year;

(i) Determine a total annual registration fee to be paid by each producer responsibility organization that is adequate to cover, but not exceed, the costs to implement, administer, and enforce this chapter, including the costs determined by the department of labor and industries to implement and enforce section 304 of this act and RCW 49.48.082, in the next fiscal year;

and (iii) UntilSend rulesnotice areto adoptedeach underproducer (a)(ii)responsibility organization of thisfee subsection,amounts issuedue. a general order to all registered producer responsibility organizations;

and (iv) Send notice to each producer responsibility organization of fee amounts due, consistent with either the general order issued under (a)(iii) of this subsection or rules adopted under (a)(ii) of this subsection.

(ii) Apply any remaining annual fee payment funds from the mostcurrent recently closed fiscal year to the annual fee for the coming fiscal year, if the collected annual fee exceeds the costs identified under (a)(ii) of this subsection for thea mostgiven recently closed fiscal year;

(c)(5) ByThe July 1, 2026, the department must determinereview theand one-timeapprove, registrationdeny, feeor torequest beadditional paidinformation byfor eacha producerdraft responsibilityplan organizationor thatdraft isamendment, adequateincluding toa cover,contingency butplan notas exceed,required thein costssection to114 implement,of administer,this andact, enforcesubmitted thisby chaptera fromproducer theresponsibility effectiveorganization dateor ofcoordinating thisbody, sectionwithin until120 Junedays 30,of 2027.receipt.

(5)(a) The department must reviewpost andthe approve,draft approveplan with conditions, deny, or requestplan additionalamendment informationupdate foron athe draftdepartment's planwebsite orand draftallow amendment,public includingcomment afor contingencyno plan as required in p.

2322 SSBSB 5284 sectionless 114than of45 thisdays act,before submittedapproving, bydenying, aor producerrequesting responsibilityadditional organizationinformation oron coordinatingthe body,draft withinplan 120or daysamendment. of receipt.

(a)(b) TheIf the department mustdenies postor therequests additional information for a draft plan or planamendment, amendmentthe updatedepartment onmust provide the department'sproducer websiteresponsibility andorganization allowwith publicthe commentreasons, forin nowriting, lessthat thanthe 45plan daysor beforeamendment approving,does denying,not ormeet requestingthe additionalplan informationrequirements onof thesection draft113 planof orthis amendment.act.

(b)(i) If the department denies or requests additional information for a draft plan or amendment, the department must provide the producer responsibility organization with the reasons, in writing, that the plan or amendment does not meet the plan requirements of section 113 of this act.

If the department disapproves the revised plan or revised plan amendment, the department shall provide the reason, in writing, and (A) direct changes to the revised plan or plan amendment or (B) require the producer responsibility organization to submit a second revision no later than 60 days from the date of the rejection.

(ii) The department may approve the second revision submitted by the producer responsibility organization with additional conditions the producer responsibility organization must implement.

and p.(d) Notify a producer responsibility organization if the annual report demonstrates that a plan fails to achieve the requirements under this chapter.

24 SSB 5284 (d) Notify a producer responsibility organization if the annual report demonstrates that a plan fails to achieve the requirements under this chapter.

(1) By January 31, 2026, and annually thereafter, each service provider seeking reimbursement for services provided under an approved plan mustp. register with the department by submitting the following information:

23 SB 5284 must register with the department by submitting the following information:

If p.exported outside of the United States, the destination country must be listed.

25 SSB 5284 exported outside of the United States, the destination country must be listed.

and (viii)p. Labor metrics including wages, unions, and workforce demographics.

24 SB 5284 (viii) Labor metrics including wages, unions, and workforce demographics.

p.(7) Display the service provider's price, minus the reimbursement from the producer responsibility organization, when invoicing customers;

26 SSB 5284 (7) Display the service provider's price, minus the reimbursement from the producer responsibility organization, when invoicing customers and, in delivering curbside collection services, pass on the applicable portion of the reimbursement, through solid waste rate reductions or credits, to all customers receiving curbside collection services eligible for reimbursement;

The department must also publish lists no later than 30 days after approving a plan, takingp. into account proposed changes in the plan.

25 SB 5284 taking into account proposed changes in the plan.

and (iv) Materials suitable for alternative collection.collection at locations other than residential.

p.(x) Economic factors;

27 SSB 5284 (x) Economic factors;

The department must consider any requests receivedp. for the inclusion or removal of a covered material or covered material type on a list under this section.

26 SB 5284 received for the inclusion or removal of a covered material or covered material type on a list under this section.

p.(a) Provides year-round, convenient, statewide collection opportunities, including at least one drop-off collection site located in each county;

28 SSB 5284 (a) Provides year-round, convenient, statewide collection opportunities, including at least one drop-off collection site located in each county;

and (e)p. Accurately measures the amount of each covered material collected and the applicable performance target and statewide requirement.

27 SB 5284 (e) Accurately measures the amount of each covered material collected and the applicable performance target and statewide requirement.

The department may adjust the p.required content in a specific needs assessment to inform the next plan.

29 SSB 5284 required content in a specific needs assessment to inform the next plan.

(c) Prior to finalizing the needs assessment, make the draft needs assessment available for comment by the advisory council, producerp. responsibility organizations, the utilities and transportation commission, and the public.

28 SB 5284 producer responsibility organizations, the utilities and transportation commission, and the public.

p.(e) Capacity of, including total tons processed and sold, technology used by, and characteristics of compost facilities to process and recover compostable covered materials, and facility processing fees charged to collectors delivering covered materials for composting;

30 SSB 5284 (e) Capacity of, including total tons processed and sold, technology used by, and characteristics of compost facilities to process and recover compostable covered materials, and facility processing fees charged to collectors delivering covered materials for composting;

(j)p. Available markets in Washington for covered materials and the capacity of those markets;

29 SB 5284 (j) Available markets in Washington for covered materials and the capacity of those markets;

p.(i) Plastic source reduction rates, including elimination targets;

31 SSB 5284 (i) Plastic source reduction rates, including elimination targets;

(d) Proposals for a range of outcomes for the categories established in section 115115(10) (10) of this act that consider:

(iv)p. The need for continuous progress toward overall reduction in the generation of covered material waste, the reuse, recycling, or composting of covered materials to reduce environmental impacts and human health impacts, and progress to incorporate postconsumer content to replace virgin materials and to support more regional markets;

30 SB 5284 (iv) The need for continuous progress toward overall reduction in the generation of covered material waste, the reuse, recycling, or composting of covered materials to reduce environmental impacts and human health impacts, and progress to incorporate postconsumer content to replace virgin materials and to support more regional markets;

p.(i) Infrastructure, capacity, performance, funding level, and method and source of financing for the existing covered services for covered materials operating in the state;

32 SSB 5284 (i) Infrastructure, capacity, performance, funding level, and method and source of financing for the existing covered services for covered materials operating in the state;

(j) An evaluation of investments needed to increase waste reduction, refill, reuse, recycling, and composting rates of covered materials according to the range of proposed performance targets and statewidep. requirements, including investments in existing and new infrastructure that would also:

31 SB 5284 statewide requirements, including investments in existing and new infrastructure that would also:

(m) An assessment of the level and causes of contamination of source separated recyclable materials, source separated compostable materials, and collected reusables, and the impacts of contamination on service providersproviders, and on commodity values of covered material types, including the cost to manage this contamination;

(n) An assessment of toxic substances intentionally added to or residual from manufacturing in covered materials, whether this limits one or more covered material types from being used as a marketable p.feedstock, and best practices producers can implement to reduce intentionally added or residual toxic substances in covered materials that could be verified through suppliers' certificates of compliance, testing, or other analytical and scientifically demonstrated technology;

33 SSB 5284 feedstock, and best practices producers can implement to reduce intentionally added or residual toxic substances in covered materials that could be verified through suppliers' certificates of compliance, testing, or other analytical and scientifically demonstrated technology;

(iii) Increasing public awareness of how to use and manage covered materials in an environmentally sound manner and how to accessp. waste reduction, refill, reuse, recycling, and composting services;

32 SB 5284 access waste reduction, refill, reuse, recycling, and composting services;

p.(c) The contractor conducting the needs assessment must aggregate and anonymize the nonpublic data or information, excluding location data as necessary to assess needs, received from all parties under this section and must then include the aggregated anonymized data in the needs assessment.

34 SSB 5284 (c) The contractor conducting the needs assessment must aggregate and anonymize the nonpublic data or information, excluding location data as necessary to assess needs, received from all parties under this section and must then include the aggregated anonymized data in the needs assessment.

(1) By January 31, 2032, the department must complete a study, conducted by a contracted third party that is not a producer or producer responsibility organization, of facilities operating in the state that manage covered materialsmaterials. and at facilities operating in the state that receive covered materials as recycled feedstock.

(a) Working conditions, wage and benefit levels, workforce development effects, and employment levels of minorities and women at those facilities;

(c)p. The degree to which residents of multifamily buildings have less convenient access to recycling, composting, and reuse opportunities than those living in single-family homes;

33 SB 5284 (c) The degree to which residents of multifamily buildings have less convenient access to recycling, composting, and reuse opportunities than those living in single-family homes;

p.NEW SECTION.

35 SSB 5284 NEW SECTION.

(b)p. Any proposals for additions or removal of covered materials to the lists established under section 109 of this act;

34 SB 5284 (b) Any proposals for additions or removal of covered materials to the lists established under section 109 of this act;

(f) A budget identifying funding needs for each of the plan's five calendar years, producer fees, a description of the process used p.to calculate the fees, and an explanation of how the fees meet the requirements of section 116 of this act;

36 SSB 5284 to calculate the fees, and an explanation of how the fees meet the requirements of section 116 of this act;

(i)p. Minimize the environmental impacts and human health impacts of covered materials, including assessing each covered material type's generation of hazardous waste, generation of greenhouse gases, environmental justice impacts, public health impacts, and other impacts;

35 SB 5284 (i) Minimize the environmental impacts and human health impacts of covered materials, including assessing each covered material type's generation of hazardous waste, generation of greenhouse gases, environmental justice impacts, public health impacts, and other impacts;

p.(i) A methodology to calculate differentiated reimbursement rates as provided in sections 116 and 117 of this act;

37 SSB 5284 (i) A methodology to calculate differentiated reimbursement rates as provided in sections 116 and 117 of this act;

(i) Requirements that service providers must accept all covered materials on the applicable list established by the department under section 109109(1)(a) (1)(a) of this act;

(ii)p. Requirements that service providers must offer residential recycling collection for materials on the applicable list established by the department under section 109(1)(a) of this act to covered entities wherever they offer residential garbage collection services, except in areas subject to a county ordinance as specified in RCW 70A.205.045(7)(b)(i)(C);

36 SB 5284 (ii) Requirements that service providers must offer residential recycling collection for materials on the applicable list established by the department under section 109(1)(a) of this act to covered entities wherever they offer residential garbage collection services, except in areas subject to a county ordinance as specified in RCW 70A.205.045(7)(b)(i)(C);

(m) A requirement that owners or operators of a material recovery facility that manages over 25,000 tons annually of covered materials under this chapter comply with the compensation requirements specified in section 304 of this act;

p.(i) Service providers in order to assist them in delivering covered materials to responsible markets;

38 SSB 5284 (i) Service providers in order to assist them in delivering covered materials to responsible markets;

(p) A description of how the producer responsibility organization will increase public awareness, educate, and complete outreach activitiesp. that meet the requirements of section 119 of this act and will evaluate the efficacy of these efforts;

37 SB 5284 activities that meet the requirements of section 119 of this act and will evaluate the efficacy of these efforts;

p.(a) Until such time as a new or updated plan is submitted and approved by the department;

39 SSB 5284 (a) Until such time as a new or updated plan is submitted and approved by the department;

(4)p. The department must follow the same process and timelines for reviewing and approving the contingency plan as it follows for the plan.

38 SB 5284 (4) The department must follow the same process and timelines for reviewing and approving the contingency plan as it follows for the plan.

p.(3) Proposed targets must demonstrate continuous improvement in reducing environmental impacts and human health impacts of covered materials over time.

40 SSB 5284 (3) Proposed targets must demonstrate continuous improvement in reducing environmental impacts and human health impacts of covered materials over time.

(5)(a)p. The department must, in consultation with representatives from overburdened communities, the advisory council, service providers, municipalities, state agencies, alternative recycling technology providers, and others, approve or deny a proposal by a producer responsibility organization to count towards recycling performance targets the materials sent to facilities that use an alternative recycling process for conversion of plastic covered materials for the purpose of producing recycled material.

39 SB 5284 (5)(a) The department must, in consultation with representatives from overburdened communities, the advisory council, service providers, municipalities, state agencies, alternative recycling technology providers, and others, approve or deny a proposal by a producer responsibility organization to count towards recycling performance targets the materials sent to facilities that use an alternative recycling process for conversion of plastic covered materials for the purpose of producing recycled material.

p.(B) Generation of hazardous waste;

41 SSB 5284 (B) Generation of hazardous waste;

and (vi)p. Addresses those other environmental impacts as determined by the department.

40 SB 5284 (vi) Addresses those other environmental impacts as determined by the department.

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

42 SSB 5284 the alternative recycling facility towards recycling performance targets.

No(7) moreFor thanpurposes eight percent of adetermining producerwhether responsibilityreuse organization's plastic source reduction performance targettargets mayare bebeing metmet, bya switchingplan frommust virginprovide covered material to postconsumer recycled content through a slidingmethodology scalefor alternativemeasuring compliance formula developed by the departmentp. based on the ratio of virgin plastic to postconsumer recycled plastic.

For41 producersSB subject5284 toamount the postconsumer recycled content requirements of chapterreusable 70A.245covered RCW,materials at the postconsumerpoint recycledat contentwhich usedreusable tocovered complymaterials withmeet thosethe requirementsfollowing maycriteria beas crediteddemonstrated towardsby the plasticproducer sourceand reductionapproved performanceby target, subject to the eightdepartment percentwhether limit.the:

(7) For purposes of determining whether reuse performance targets are being met, a plan must provide a methodology for measuring the amount of reusable covered materials at the point at which reusable covered materials meet the following criteria as demonstrated by the producer and approved by the department whether the:

(8) For purposes of determining whether postconsumer recycled content performance targets are being met under this chapter, a plan must provide a methodology for measuring postconsumer recycled content across all producers for a covered materials type where p.producers may determine their postconsumer recycled content based on their United States market territory if state-specific postconsumer recycled content is impractical to determine.

43 SSB 5284 producers may determine their postconsumer recycled content based on their United States market territory if state-specific postconsumer recycled content is impractical to determine.

(iii)p. The greenhouse gas emissions limits of chapter 70A.45 RCW;

42 SB 5284 (iii) The greenhouse gas emissions limits of chapter 70A.45 RCW;

p.(c) The department must consult with producer responsibility organizations on establishing statewide requirements, submit proposed statewide requirements for review by the advisory council, and consider the advisory council's recommendations before finalizing the statewide requirements.

44 SSB 5284 (c) The department must consult with producer responsibility organizations on establishing statewide requirements, submit proposed statewide requirements for review by the advisory council, and consider the advisory council's recommendations before finalizing the statewide requirements.

(a)p. Vary based on the total amount of covered materials each producer introduces in the prior year calculated on a per unit basis, such as per ton, per item, or another unit of measurement;

43 SB 5284 (a) Vary based on the total amount of covered materials each producer introduces in the prior year calculated on a per unit basis, such as per ton, per item, or another unit of measurement;

p.(c) Incentivize using materials and design attributes that reduce the environmental impacts and human health impacts of covered materials by:

45 SSB 5284 (c) Incentivize using materials and design attributes that reduce the environmental impacts and human health impacts of covered materials by:

(i)p. The fee to the department required under section 106 of this act;

44 SB 5284 (i) The fee to the department required under section 106 of this act;

(3) Revenues collected under this section that exceed the amount needed to pay the costs described in subsection (2)(f) of this p.section must be used to improve or enhance program outcomes or to reduce producer fees according to provisions of an approved plan.

46(4) SSBFees 5284collected under this section mustmay not be used tofor improvelobbying or enhancepolitical programadvocacy outcomesactivities orthat towould reducerequire producerreporting feesunder accordingchapter to42.17A provisionsRCW. of an approved plan.

(4) Fees collected under this section may not be used for lobbying or political advocacy activities that would require reporting under chapter 42.17A RCW or under the federal election campaign act, 2 U.S.C.

chapter 14.

Reimbursement rates must be established equivalent to net costs,costs. using a methodology in an approved plan as follows:

(i) No less than 50 percent of the net costs by February 15, 2030;

(ii) No less than 75 percent of the net costs by February 15, 2031;

and (iii) No less than 90 percent of the net costs by February 15, 2032, and each year thereafter.

(i) The cost to collect covered material for recycling, a proportional share of composting, or reuse adjusted to reflect conditions that affect those costs, varied by region or jurisdiction inp. which the covered services are provided including, but not limited to:

45 SB 5284 in which the covered services are provided including, but not limited to:

p.(D) Distance traveled by collection vehicles to consolidation or transfer facilities, to reuse, recycling, or composting facilities, and to responsible markets;

47 SSB 5284 (D) Distance traveled by collection vehicles to consolidation or transfer facilities, to reuse, recycling, or composting facilities, and to responsible markets;

(d)p. Reimbursement rates may be calculated per ton, by household, or by another unit of measurement.

46 SB 5284 (d) Reimbursement rates may be calculated per ton, by household, or by another unit of measurement.

Any government entity that is also a service provider is eligible to be registered p.with the department and reimbursed per the rates and schedule established in accordance with this section.

48 SSB 5284 with the department and reimbursed per the rates and schedule established in accordance with this section.

(b)p. After a bidding process described in subsection (1) of this section under which no service provider bids on the contract, the producer responsibility organization may make infrastructure investments to implement the requirements of this chapter;

or47 (c)SB A5284 producer(b) orAfter a bidding process described in subsection (1) of this section under which no service provider bids on the contract, the producer responsibility organization may ownmake or partially own infrastructure thatinvestments isto usedimplement solelythe forrequirements purposes of thethis p.chapter;

49or SSB(c) 5284A reuseproducer financialor assistanceproducer programresponsibility organization may own or aspartially neededown toinfrastructure fulfillthat anis individualused plansolely orfor alternativepurposes collectionof the reuse financial assistance program.

and (l)p. Education materials on waste reduction, refill, reuse, recycling, and composting for producers and the general public.

(2)48 ASB producer5284 responsibility(l) organizationEducation mustmaterials implementon educationwaste andreduction, outreachrefill, activitiesreuse, thatrecycling, effectively reach diverse residents and includecomposting culturallyfor responsiveproducers materials and methods,the p.general public.

50(2) SSBA 5284producer responsibility organization must implement education and outreach activities that effectively reach diverse residents and include culturally responsive materials and methods, are accessible, clear, and support the achievement of the performance targets, including by developing and providing educational materials, resources, and campaigns that encourage and support recycling, composting, and reuse behaviors by residents and visitors.

(i) The amount of covered materials successfully source reduced, reused, recycled, and composted by covered materials type and the strategies or collection methods used;

and (ii) Information about third-party certifications obtained;

5149 SSBSB 5284 (c)(i) The totalamount costof tocovered implementmaterials thesuccessfully programsource reduced, reused, recycled, and acomposted detailedby descriptioncovered ofmaterials programtype expendituresand bythe category,strategies including:or collection methods used;

and (ii) Information about third-party certifications obtained;

(c) The total cost to implement the program and a detailed description of program expenditures by category, including:

(j) A list of producers found to be out of compliance with this chapter and actions taken by the producer responsibility organization to return producers to compliance, and notification of any producers that are no longer participating in the producer responsibility p.

5250 SSBSB 5284 (j) A list of producers found to be out of compliance with this chapter and actions taken by the producer responsibility organization to return producers to compliance, and notification of any producers that are no longer participating in the producer responsibility organization or who have been expelled due to their lack of compliance;

and (c)p. The availability and convenience of recycling, composting, and reuse services, including specific analysis of the availability and convenience of recycling, composting, and reuse services used by socially vulnerable populations.

p.51 SB 5284 (c) The availability and convenience of recycling, composting, and reuse services, including specific analysis of the availability and convenience of recycling, composting, and reuse services used by socially vulnerable populations.

53 SSB 5284 (2)(a) The independent consultant, for purposes of the independent review of the program carried out under this section, may review:

(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 chapterp. and up to $10,000 per violation per day for the second and each subsequent violation.

52 SB 5284 chapter and up to $10,000 per violation per day for the second and each subsequent violation.

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

54 SSB 5284 notification serves as notice of the violation.

(a) The department shall serve, or send with delivery confirmation, a written warning explaining the violation to a person distributingp. or selling covered materials of a producer that is not in compliance with this chapter.

(b)53 TheSB department5284 maydistributing assess a penalty on a person that continues to sell or distributeselling covered materials of a producer that is not in violationcompliance ofwith this chapterchapter. 60 days after receipt of the written p.

55(b) SSBThe 5284department may assess a penalty on a person that continues to sell or distribute covered materials of a producer that is in violation of this chapter 60 days after receipt of the written warning under this subsection.

NEWp. SECTION.

54 SB 5284 NEW SECTION.

(1) Except as provided in subsection (4) of this section, one year prior to the submission of a plan, a producer, group of producers, or a producer responsibility organization may submit a petition to the department to request for reasons of public health or safety the temporary exclusion of packaging used to contain the p.following categories of products, subcategories of the following categories of products, or individual products:

56 SSB 5284 following categories of products, subcategories of the following categories of products, or individual products:

NEWp. SECTION.

55 SB 5284 NEW SECTION.

(2) Nothing in this chapter authorizes the department or a producer responsibility organization to impose any requirement, in p.direct conflict with a federal law or regulation including, but not limited to:

57 SSB 5284 direct conflict with a federal law or regulation including, but not limited to:

(5)p. Nothing in this chapter affects the authority or duties of the department of agriculture related to pest and noxious weed control and quarantine measures under chapter 17.24 RCW.

56 SB 5284 NEW SECTION.

The p.account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

58Expenditures SSBfrom 5284the account ismay subjectbe toused by the allotmentdepartment proceduresonly underfor chapterimplementing, 43.88administering, RCW,and butenforcing anthe appropriationrequirements isof notthis requiredchapter. for expenditures.

ExpendituresIt fromis the accountintent mayof bethe usedlegislature bythat the departmentportion onlyof forthe implementing,producer administering,responsibility andorganization enforcingfee thereceived requirementsin of2026 thisfor chapter,the andcosts byof the department ofin laborfiscal andyear industries2026 necessarybe transferred to whichever state account was used to cover the costcosts forof the implementationdepartment andprior enforcementto ofthe sectionpayment 304 of thisthe actproducer andresponsibility RCWorganization 49.48.082.fee in 2026.

It is the intent of the legislature that the portion of the producer responsibility organization fee received in 2026 for the costs of the department be transferred to whichever state account was used to cover the costs of the department prior to the payment of the producer responsibility organization fee in 2026.

and (d)p. Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

57 SB 5284 (d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

p.(5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

59 SSB 5284 (5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclablep. 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.

In58 ruralSB areas,5284 theserecyclable programsmaterials, shallunreasonable includecost butimpacts noton bethe p.ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate.

60In SSBrural 5284areas, these programs shall include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer, processing, or disposal site, or at locations convenient to the residents of the county.

If a comprehensive solid waste management plan has not been amended, revised, or updated before January 1, 2030, to be consistent with the requirements of this subsection (7)(b)(i), beginning January 1, 2030, the model comprehensive solid waste plan p.

6159 SSBSB 5284 been amended, revised, or updated before January 1, 2030, to be consistent with the requirements of this subsection (7)(b)(i), beginning January 1, 2030, the model comprehensive solid waste plan amendment provided by the department under section 106 of this act applies in the jurisdiction;

Except for counties with a population of ((twenty-five thousand)) 25,000 or fewer, by July 1, 2021, a contamination reduction and outreach plan must be included in each solid waste management plan by a plan amendment or included when revisingp. or updating a solid waste management plan developed under this chapter.

Jurisdictions60 maySB adopt5284 therevising state'sor contaminationupdating reductiona andsolid outreachwaste management plan as developed under RCWthis 70A.205.070chapter. or p.

62Jurisdictions SSBmay 5284adopt the state's contamination reduction and outreach plan as developed under RCW 70A.205.070 or participate in a producer responsibility organization's plan under chapter 70A.--- RCW (the new chapter created in section 401 of this act) in lieu of creating their own plan.

Sec.p.

61 SB 5284 Sec.

p.(1) The commission shall supervise and regulate every solid waste collection company in this state, (((1))) (a) By fixing and altering its rates, charges, classifications, rules and regulations;

63 SSB 5284 (1) The commission shall supervise and regulate every solid waste collection company in this state, (((1))) (a) By fixing and altering its rates, charges, classifications, rules and regulations;

Sec.p.

62 SB 5284 Sec.

p.(1) The commission, in fixing and altering collection rates charged by every solid waste collection company under this section, shall include in the base for the collection rates:

64 SSB 5284 (1) The commission, in fixing and altering collection rates charged by every solid waste collection company under this section, shall include in the base for the collection rates:

(2) By December 2, 2005, the commission shall provide a report to the legislature that evaluates:

6563 SSBSB 5284 (a)(2) TheBy effectivenessDecember of2, revenue2005, sharingthe ascommission anshall incentiveprovide toa increasereport recyclingto in the state;legislature that evaluates:

(a) The effectiveness of revenue sharing as an incentive to increase recycling in the state;

(c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, the modification of the conditions or the terms of a waste disposal permit, a decision to approve or deny a solid waste management plan under RCW 70A.205.055, approval or denial of an p.

6664 SSBSB 5284 disposal permit, a decision to approve or deny a solid waste management plan under RCW 70A.205.055, approval or denial of an application for a beneficial use determination under RCW 70A.205.260, an application for a change under RCW 90.03.383, or a permit to distribute reclaimed water under RCW 90.46.220.

(m) Decisions of an authorized public entity under RCW 79.100.010 to take temporary possession or custody of a vessel or to contest the amountp. of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.

p.65 SB 5284 amount of reimbursement owed that are reviewable by the hearings board under RCW 79.100.120.

67 SSB 5284 (n) Decisions of the department of ecology that are appealable under RCW 70A.245.020 to set recycled minimum postconsumer content for ((covered)) products or to temporarily exclude types of ((covered)) products in plastic containers from minimum postconsumer recycled content requirements.

(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 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.430.070, 70A.455.090, 70A.500.260, 70A.505.110, 70A.555.110, 70A.560.020, section 123 of this act, 70A.565.030, 86.16.081, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 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 fromp. the department or the local air authority, describing the violation with reasonable particularity.

For66 penaltiesSB issued5284 byfrom p.the department or the local air authority, describing the violation with reasonable particularity.

68For SSBpenalties 5284issued by local air authorities, within 30 days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty.

(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except the following:

6967 SSBSB 5284 (a)(5) PenaltiesAll imposedpenalties pursuantrecovered toshall RCWbe 18.104.155paid mustinto bethe state treasury and credited to the reclamationgeneral accountfund asexcept providedthe infollowing: RCW 18.104.155(7);

(a) Penalties imposed pursuant to RCW 18.104.155 must be credited to the reclamation account as provided in RCW 18.104.155(7);

(b) The extent to which covered materials contribute to litter and marine debris for the purpose of informing how a producer responsibility organization implementing a plan can support litter and marine debris prevention as it relates to activities required underp. chapter 70A.--- RCW (the new chapter created in section 401 of this act).

The68 assessmentSB should5284 drawunder onchapter available70A.--- data,RCW assess(the gaps,new p.chapter created in section 401 of this act).

70The SSBassessment 5284should draw on available data, assess gaps, and identify strategies for improving prevention and cleanup of litter and marine debris from covered materials;

(1) EmployersOwners associatedor withoperators of a material recovery facility that annually manages 25,000 tons or more of covered materials under chapter 70A.--- RCW (the new chapter created in section 401 of this act) must ensure that workers at the facility receive minimum industry standard compensation,compensation. beginning October 1, 2028.

(3)(a)(3) If more than one collective bargaining agreement exists that covers similar or equivalent work in the same county,geographic area, the higher rate applies.

(b)(4) IfThe nominimum collectiveindustry bargainingstandard agreementcompensation existsrequirements thatof coversthis similarsection orconstitute equivalenta workwage inpayment therequirement sameas county,defined the rate in theRCW county p.

7169 SSBSB 5284 with49.48.082. a collective bargaining agreement that is closest geographically applies.

(4) The minimum industry standard compensation requirements of this section constitute a wage payment requirement as defined in RCW 49.48.082.

p.(f) In addition to any enforcement authority provided in this section or applicable rules, the department of labor and industries may enforce any violation under this section or applicable rules by filing an action in the superior court for the county in which the violation is alleged to have occurred.

72If SSB 5284 (f) In addition to any enforcement authority provided in this section or applicable rules, the department of labor and industriesp. may enforce any violation under this section or applicable rules by filing an action in the superior court for the county in which the violation is alleged to have occurred.

If70 theSB department5284 of labor and industries prevails, the department is entitled to reasonable attorneys' fees and costs, in the amount to be determined by the court.

(a) "Minimum industry standard compensation" means a wage and usual benefits package equal to or greater than the combined hourly wage and usual benefits package set by a collective bargaining agreement that covers similar or equivalent work in a county.geographic area.

p.(ii) To be deemed a "usual benefit," both of the following requirements must be satisfied:

73(A) SSBEmployer 5284payments (ii)for Tothe beusual deemedbenefit aare "usualmade benefit,"only bothin ofconformance thewith followingall requirementsapplicable mustfederal beand satisfied:state laws, including the p.

(A)71 EmployerSB payments5284 for the usual benefit are made only in conformance with all applicable federal and state laws, including the requirements of the employment retirement income security act of 1974, as amended, and of the internal revenue service;

(9) "Successor" means any person to whom an employer quitting, selling out, exchanging, or disposing of a business sells or p.otherwise conveys in bulk and not in the ordinary course of the employer's business, more than ((fifty)) 50 percent of the property, whether real or personal, tangible or intangible, of the employer's business.

74p. SSB 5284 otherwise conveys in bulk and not in the ordinary course of the employer's business, more than ((fifty)) 50 percent of the property, whether real or personal, tangible or intangible, of the employer's business.

72 SB 5284 (10) "Wage" has the meaning provided in RCW 49.46.010.

Sec.

306.

RCW 70A.245.100 and 2021 c 313 s 13 are each amended to read as follows:

The recycling enhancement account is created in the custody of the state treasurer.

All penalties collected by the department pursuant to RCW 70A.245.040 ((and)), 70A.245.050, and section 123 of this act 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 providing grants to local governments for the purpose of supporting local solid waste and financial assistance programs.

307.306.

308.307.

p.Part Four Codification Directives NEW SECTION.

75 SSB 5284 Part Four Codification Directives NEW SECTION.

7673 SSBSB 5284