Allowing the use of nonwood renewable fiber in recycled content paper carryout bags.

CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL 1145 Chapter 33, Laws of 2021 67th Legislature 2021 Regular Session PAPER CARRYOUT BAGS —NONWOOD RENEWABLE FIBER EFFECTIVE DATE: July 25, 2021 Passed by the House March 1, 2021 Yeas 97 Nays 0 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 3, 2021 Yeas 47 Nays 0 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1145 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved April 14, 2021 3:16 PM FILED April 15, 2021 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to allowing the use of nonwood renewable fiber in 1 recycled content paper carryout bags; and amending RCW 70A.530.010, 2 70A.530.020, and 70A.530.005. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4 Sec. 1. RCW 70A.530.010 and 2020 c 138 s 2 are each amended to 5 read as follows: 6 The definitions in this section apply throughout this chapter 7 unless the context clearly requires otherwise. 8 (1) "Carryout bag" means any bag that is provided by a retail 9 establishment at home delivery, the check stand, cash register, point 10 of sale, or other point of departure to a customer for use to 11 transport or carry away purchases. 12 (2) "Department" means the department of ecology.13 (3) "Nonwood renewable fiber" means plant-based fiber derived 14 from wheat straw grown in North America.15 (4) "Pass-through charge" means a charge to be collected and 16 retained by retail establishments from their customers when providing 17 ((recycled content )) compliant paper carryout bags and reusable 18 carryout bags made of film plastic. 19 SUBSTITUTE HOUSE BILL 1145 Passed Legislature - 2021 Regular Session State of Washington 67th Legislature 2021 Regular Session By House Environment & Energy (originally sponsored by Representative Rude) READ FIRST TIME 02/08/21. p. 1 SHB 1145.SL (((4))) (5) "((Recycled content )) Compliant paper carryout bag" 1 means a paper carryout bag provided by a retail establishment to a 2 customer that meets the requirements in RCW 70A.530.020(6)(a).3 (((5))) (6) "Retail establishment" means any person, corporation, 4 partnership, business, facility, vendor, organization, or individual 5 that sells or provides food, merchandise, goods, or materials 6 directly to a customer including home delivery, temporary stores, or 7 vendors at farmers markets, street fairs, and festivals.8 (((6))) (7) "Reusable carryout bag" means a carryout bag made of 9 cloth or other durable material with handles that is specifically 10 designed and manufactured for long-term multiple reuse and meets the 11 requirements of RCW 70A.530.020(6)(b). 12 (((7))) (8) "Single-use plastic carryout bag" means any carryout 13 bag that is made from plastic that is designed and suitable only to 14 be used once and disposed. 15 Sec. 2. RCW 70A.530.020 and 2020 c 138 s 3 are each amended to 16 read as follows: 17 (1) Beginning January 1, 2021, except as provided in this section 18 and RCW 70A.530.030, a retail establishment may not provide to a 19 customer or a person at an event: 20 (a) A single-use plastic carryout bag; 21 (b) A paper carryout bag that does not meet the requirements of 22 subsection (6)(a) of this section or a reusable carryout bag made of 23 film plastic that does not meet recycled content requirements; or24 (c) Beginning January 1, 2026, a reusable carryout bag made of 25 film plastic with a thickness of less than four mils, in the event 26 that the 2025 legislature does not amend this section to reflect the 27 recommendations to the legislature made consistent with RCW 28 70A.530.060. 29 (2)(a) A retail establishment may provide a reusable carryout bag 30 or a ((recycled content )) compliant paper carryout bag of any size to 31 a customer at the point of sale. A retail establishment may make 32 reusable carryout bags available to customers through sale.33 (b)(i) Until December 31, 2025, a retail establishment must 34 collect a pass-through charge of eight cents for every ((recycled 35 content)) compliant paper carryout bag with a manufacturer's stated 36 capacity of one-eighth barrel (eight hundred eighty-two cubic inches) 37 or greater or reusable carryout bag made of film plastic it provides, 38 p. 2 SHB 1145.SL except as provided in subsection (5) of this section and RCW 1 70A.530.030. 2 (ii) Beginning January 1, 2026, a retail establishment must 3 collect a pass-through charge of twelve cents for reusable carryout 4 bags made of film plastic and eight cents for ((recycled content )) 5 compliant paper carryout bags, in the event that the 2025 legislature 6 does not amend this section to reflect the recommendations to the 7 legislature made consistent with RCW 70A.530.060. It is the intent of 8 the legislature for the 2025 legislature to reassess the amount of 9 the pass-through charge authorized under this subsection (2)(b), 10 taking into consideration the content of the report to the 11 legislature under RCW 70A.530.060. 12 (c) A retail establishment must keep all revenue from pass-13 through charges. The pass-through charge is a taxable retail sale. A 14 retail establishment must show all pass-through charges on a receipt 15 provided to the customer. 16 (3) Carryout bags provided by a retail establishment do not 17 include: 18 (a) Bags used by consumers inside stores to: 19 (i) Package bulk items, such as fruit, vegetables, nuts, grains, 20 candy, greeting cards, or small hardware items such as nails, bolts, 21 or screws; 22 (ii) Contain or wrap items where dampness or sanitation might be 23 a problem including, but not limited to: 24 (A) Frozen foods; 25 (B) Meat; 26 (C) Fish; 27 (D) Flowers; and 28 (E) Potted plants; 29 (iii) Contain unwrapped prepared foods or bakery goods;30 (iv) Contain prescription drugs; or 31 (v) Protect a purchased item from damaging or contaminating other 32 purchased items when placed in a ((recycled content )) compliant paper 33 carryout bag or reusable carryout bag; or 34 (b) Newspaper bags, mailing pouches, sealed envelopes, door 35 hanger bags, laundry/dry cleaning bags, or bags sold in packages 36 containing multiple bags for uses such as food storage, garbage, or 37 pet waste. 38 (4)(a) Any compostable film bag that a retail establishment 39 provides to customers for products, including for products bagged in 40 p. 3 SHB 1145.SL stores prior to checkout, must meet the requirements for compostable 1 products and film bags in chapter ((70.360)) 70A.455 RCW.2 (b) A retail establishment may not use or provide polyethylene or 3 other noncompostable plastic bags for bagging of customer products in 4 stores, as carryout bags, or for home delivery that do not meet the 5 requirements for noncompostable products and film bags in chapter 6 ((70.360)) 70A.455 RCW. 7 (5) Except as provided by local regulations enacted as of April 8 1, 2020, a retail establishment may provide a bag restricted under 9 subsection (1) of this section from existing inventory until one year 10 after June 11, 2020. The retail establishment, upon request by the 11 department, must provide purchase invoices, distribution receipts, or 12 other information documenting that the bag was acquired prior to June 13 11, 2020. 14 (6) For the purposes of this section: 15 (a) A ((recycled content )) compliant paper carryout bag must:16 (i) Contain a minimum of forty percent postconsumer recycled 17 materials, a minimum of 40 percent nonwood renewable fiber, or a 18 combination of postconsumer recycled materials and nonwood renewable 19 fiber that totals at least 40 percent ; 20 (ii) Be capable of composting, consistent with the timeline and 21 specifications of the entire American society of testing materials 22 D6868 and associated test methods that must be met, as it existed as 23 of January 1, 2020; and 24 (iii) Display in print on the exterior of the paper bag the 25 minimum percentage of postconsumer content , wheat straw fiber 26 content, or both . 27 (b) A reusable carryout bag must: 28 (i) Have a minimum lifetime of one hundred twenty-five uses, 29 which for purposes of this subsection means the capacity to carry a 30 minimum of twenty-two pounds one hundred twenty-five times over a 31 distance of at least one hundred seventy-five feet;32 (ii) Be machine washable or made from a durable material that may 33 be cleaned or disinfected; and 34 (iii) If made of film plastic: 35 (A) Be made from a minimum of twenty percent postconsumer 36 recycled content until July 1, 2022, and thereafter must be made from 37 a minimum of forty percent postconsumer recycled content;38 p. 4 SHB 1145.SL (B) Display in print on the exterior of the plastic bag the 1 minimum percentage of postconsumer recycled content, the mil 2 thickness, and that the bag is reusable; and 3 (C) Have a minimum thickness of no less than 2.25 mils until 4 December 31, 2025, and beginning January 1, 2026, must have a minimum 5 thickness of four mils. 6 (c) Except for the purposes of subsection (4) of this section, 7 food banks and other food assistance programs are not retail 8 establishments, but are encouraged to take actions to reduce the use 9 of single-use plastic carryout bags. 10 Sec. 3. RCW 70A.530.005 and 2020 c 138 s 1 are each amended to 11 read as follows: 12 (1) State policy has long placed waste reduction as the highest 13 priority in the collection, handling, and management of solid waste. 14 Reducing plastic bag waste holds particular importance among state 15 waste reduction efforts for a number of reasons: 16 (a) Single-use plastic carryout bags are made of nonrenewable 17 resources and never biodegrade; instead, over time, they break down 18 into tiny particles. Single-use plastic carryout bags, and the 19 particles they break into, are carried into rivers, lakes, Puget 20 Sound, and the world's oceans, posing a threat to animal life and the 21 food chain; 22 (b) Plastic bags are one of the most commonly found items that 23 litter state roads, beaches, and other public spaces; and24 (c) Even when plastic bags avoid the common fate of becoming 25 litter, they are a drain on public resources and a burden on 26 environment and resource conservation goals. For example, if plastic 27 bags are disposed of in commingled recycling systems rather than as 28 garbage or in retailer drop-off programs, they clog processing and 29 sorting machinery, resulting in missorted materials and costly 30 inefficiencies that are ultimately borne by utility ratepayers. 31 Likewise, when green or brown-tinted plastic bags confuse consumers 32 into attempting to dispose of them as compost, the resultant plastic 33 contamination undercuts the ability to use the compost in gardens, 34 farms, landscaping, and surface water and transportation projects.35 (2) Alternatives to single-use plastic carryout bags are 36 convenient, functional, widely available, and measure as superior 37 across most environmental performance metrics. Alternatives to 38 single-use plastic carryout bags feature especially superior 39 p. 5 SHB 1145.SL environmental performance with respect to litter and marine debris, 1 since plastic bags do not biodegrade. 2 (3) As of 2020, many local governments in Washington have shown 3 leadership in regulating the use of single-use plastic carryout bags. 4 This local leadership has shown the value of establishing state 5 standards that will streamline regulatory inconsistency and reduce 6 burdens on covered retailers caused by a patchwork of inconsistent 7 local requirements across the state. 8 (4) Data provided from grocery retailers has shown that requests 9 for paper bags have skyrocketed where plastic bag bans have been 10 implemented. To accommodate the anticipated consequences of a 11 statewide plastic bag ban, it is rational to expect additional 12 capacity will be needed in Washington state for manufacturing paper 13 bags. The legislature intends to provide that capacity by 14 prioritizing and expediting siting and permitting of expansions or 15 reconfiguring for paper manufacturing. 16 (5) Therefore, in order to reduce waste, litter, and marine 17 pollution, conserve resources, and protect fish and wildlife, it is 18 the intent of the legislature to: 19 (a) Prohibit the use of single-use plastic carryout bags;20 (b) Require a pass-through charge on ((recycled content )) 21 compliant paper carryout bags and reusable carryout bags made of film 22 plastic, to encourage shoppers to bring their own reusable carryout 23 bags; 24 (c) Require that bags provided by a retail establishment contain 25 recycled content or derive from nonwood renewable fiber ; and26 (d) Encourage the provision of reusable and ((recycled content )) 27 compliant paper carryout bags by retail establishments.28 Passed by the House March 1, 2021. Passed by the Senate April 3, 2021. Approved by the Governor April 14, 2021. Filed in Office of Secretary of State April 15, 2021. --- END --- p. 6 SHB 1145.SL