Concerning postconsumer recycled content requirements for plastic products.

AN ACT Relating to postconsumer recycled content requirements for 1 plastic products; amending RCW 70A.245.010, 70A.245.020, 70A.245.030, 2 70A.245.040, 70A.245.050, 70A.245.090, 70A.245.120, and 70A.245.060; 3 reenacting and amending RCW 43.21B.110; adding new sections to 4 chapter 70A.245 RCW; adding a new section to chapter 39.26 RCW; 5 creating a new section; and providing an expiration date.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7 NEW SECTION. Sec. 1. (1) The legislature finds that setting 8 minimum levels of recycled content requirements for a suite of 9 plastic packaging and products is an effective solution to provide 10 both environmental and economic benefits. Minimum recycled content 11 requirements, including those already required under state law for 12 beverage containers, household and personal care product containers, 13 and plastic trash bags, reduce plastic waste and the harmful impacts 14 of fossil fuel extraction used to produce virgin plastic. Such 15 requirements support diversion from landfills as postconsumer plastic 16 materials are kept in use to produce new products. As recycled 17 plastic usage increases, virgin plastic usage decreases along with 18 the significant energy consumption and greenhouse gas emissions 19 associated with its production and extraction from fossil fuels.20 H-2639.2 HOUSE BILL 2271 State of Washington 69th Legislature 2026 Regular Session By Representatives Berry and Duerr Prefiled 01/06/26. p. 1 HB 2271 (2) The legislature also finds that additional minimum recycled 1 content requirements are needed to further stimulate both recycled 2 plastics economy by increasing and stabilizing demand for recycled 3 resins, strengthening recycled commodity values, and increasing 4 economic growth, opportunity, and jobs creation in the plastics 5 recycling industry. Recycled content standards support stronger 6 community recycling programs by providing a market for recycled 7 content within the state, region, and country. Stronger markets could 8 expand the amount and types of plastics recycled, and can increase 9 public trust in recycling by ensuring collected recyclables are made 10 back into new products through local and domestic manufacturing.11 Sec. 2. RCW 70A.245.010 and 2021 c 313 s 2 are each amended to 12 read as follows: 13 The definitions in this section apply throughout this chapter 14 unless the context clearly requires otherwise. 15 (1) "Beverage" means beverages identified in (a) through (f) of 16 this subsection, intended for human or animal consumption, and in a 17 quantity more than or equal to two fluid ounces and less than or 18 equal to one gallon: 19 (a) Water and flavored water; 20 (b) Beer or other malt beverages; 21 (c) Wine; 22 (d) Distilled spirits; 23 (e) Mineral water, soda water, and similar carbonated soft 24 drinks; and 25 (f) Any beverage other than those specified in (a) through (e) of 26 this subsection, except infant formula as defined in 21 U.S.C. Sec. 27 321(z), medical food as defined in 21 U.S.C. Sec. 360ee (b)(3), or 28 fortified oral nutritional supplements used for persons who require 29 supplemental or sole source nutrition to meet nutritional needs due 30 to special dietary needs directly related to cancer, chronic kidney 31 disease, diabetes, malnutrition, or failure to thrive, as those terms 32 are defined by the international classification of diseases, 10th 33 revision, or other medical conditions as determined by the 34 department. 35 (2) "Beverage manufacturing industry" means an association that 36 represents beverage producers. 37 (3) "Condiment packaging" means packaging used to deliver single-38 serving condiments to customers. Condiment packaging includes, but is 39 p. 2 HB 2271 not limited to, single-serving packaging for ketchup, mustard, 1 relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly, 2 jam, and soy sauce. 3 (4)(((a) "Covered product" means an item in one of the following 4 categories subject to minimum postconsumer recycled content 5 requirements:6 (i) Plastic trash bags;7 (ii) Household cleaning and personal care products that use 8 plastic household cleaning and personal care product containers; and9 (iii) Beverages that use plastic beverage containers.10 (b) "Covered product" does not include any type of container or 11 bag for which the state is preempted from regulating content of the 12 container material or bag material under federal law.13 (5))) "Dairy milk" means a beverage that designates milk as the 14 predominant (first) ingredient in the ingredient list on the 15 container's label. 16 (5) "De minimis producer" means a producer that:17 (a) In their most recent fiscal year introduced less than one ton 18 of PCRC products;19 (b) Has a global gross revenue, not including on-premises alcohol 20 sales, for the prior fiscal year of:21 (i) Until January 1, 2031, less than $5,000,000; or22 (ii) Beginning January 1, 2031, less than $5,000,000, as adjusted 23 for inflation. The department must use the consumer price index for 24 urban wage earners to calculate the annual rate of inflation 25 adjustment effective January 1st of each year, beginning January 1, 26 2031; or27 (c) Is an agricultural employer, as defined in RCW 19.30.010, 28 regardless of where the agricultural employer is located, with less 29 than $5,000,000, as adjusted for inflation as described in (b) of 30 this subsection, in gross revenue in Washington from consumer sales 31 of agricultural commodities sold under the brand name of the 32 agricultural employer.33 (6) "Department" means the department of ecology.34 (7) "Exempted PCRC 2.0 product" means any of the following:35 (a) A package or container that is in direct contact with a human 36 food or beverage or with an animal food or beverage;37 (b) A product that is associated with a product produced in, or 38 brought into, the state that is destined for shipment to a 39 p. 3 HB 2271 destination outside the state, and that remains with the product upon 1 shipment; 2 (c) Packaging that is in direct contact with a prescription human 3 drug, as specified by the United States food and drug administration 4 under the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 321 et 5 seq., Sec. 3.2 (e) of the United States Code of Federal Regulations, 6 as it existed as of January 1, 2026;7 (d) Packaging in direct contact with drugs that are used for 8 animal medicines including, but not limited to, parasitic products 9 for animals;10 (e) Packaging in direct contact with products intended for 11 animals that are regulated as animal drugs, biologics, parasiticides, 12 medical devices, or diagnostics used to treat, or administered to, 13 animals under the federal food, drug, and cosmetic act (21 U.S.C. 14 Secs. 321 (g), 321 (h), and 353 (b)(1)), the federal virus-serum-toxin 15 act (21 U.S.C. Sec. 151 et seq.), or the federal insecticide, 16 fungicide, and rodenticide act (7 U.S.C. Sec. 136 et seq.), as those 17 laws existed as of January 1, 2026;18 (f) Packaging in direct contact with infant formula, as defined 19 in section 321 of Title 21 of the United States Code, as it existed 20 as of January 1, 2026;21 (g) Packaging in direct contact with medical food, as defined in 22 section 360ee of Title 21 of the United States Code, as it existed as 23 of January 1, 2026;24 (h) Packaging in direct contact with fortified oral nutritional 25 supplements used for persons who require supplemental or sole source 26 nutrition to meet nutritional needs due to special dietary needs 27 directly related to cancer, chronic kidney disease, diabetes, 28 malnutrition, or failure to thrive, as those terms are defined by the 29 international classification of diseases, 10th revision, or other 30 medical conditions as determined by the department;31 (i) Plastic packaging containers in direct contact with products 32 that are classified for transportation as dangerous goods or 33 hazardous materials under part 178 (commencing with section 178.0) of 34 subchapter C of chapter I of subtitle B of Title 49 of the Code of 35 Federal Regulations, as it existed as of January 1, 2026;36 (j) A shipping product manufactured for use in direct contact 37 with hazardous materials and that is any of the following:38 (i) Prohibited from being manufactured with used material by 39 federal packaging material specifications set forth in section 40 p. 4 HB 2271 178.509 or 178.522 of Title 49 of the Code of Federal Regulations, as 1 it existed as of January 1, 2026; 2 (ii) Subject to the testing standards set forth in subpart M 3 (commencing with section 178.600) of part 178 of subchapter C of 4 chapter I of subtitle B of Title 49 of the Code of Federal 5 Regulations, as it existed as of January 1, 2026; or6 (iii) Subject to the recommendations of the United Nations 7 recommendations on the transport of dangerous goods, 24th revised 8 edition, as it existed as of January 1, 2026;9 (k) Containment packaging used in direct contact with hazardous 10 or flammable products classified by the federal occupational safety 11 and health administration hazard communication standard in section 12 1910.1200 of Title 29 of the Code of Federal Regulations, as it 13 existed as of January 1, 2026;14 (l) A bag that is designed and manufactured to hold, store, or 15 transport in direct contact with hazardous waste or regulated medical 16 waste. For the purposes of this subsection, "hazardous waste" means 17 any solid waste defined as hazardous waste by the department; and18 (m) Containers considered compostable pursuant to RCW 19 70A.455.040.20 (8) "Expanded polystyrene" means blown polystyrene and expanded 21 and extruded foams that are thermoplastic petrochemical materials 22 utilizing a styrene monomer and processed by any number of techniques 23 including((, but not limited to, )) fusion of polymer spheres 24 (expandable bead polystyrene), injection molding, foam molding, and 25 extrusion-blow molding (extruded foam polystyrene).26 (((8))) (9) "Food service business" means a business selling or 27 providing food for consumption on or off the premises, and includes 28 full-service restaurants, fast food restaurants, cafes, 29 delicatessens, coffee shops, grocery stores, vending trucks or carts, 30 home delivery services, delivery services provided through an online 31 application, and business or institutional cafeterias.32 (((9))) (10) "Food service product" means a product intended for 33 one-time use and used for food or drink offered for sale or use. Food 34 service products include, but are not limited to, containers, plates, 35 bowls, cups, lids, beverage containers, meat trays, deli rounds, 36 utensils, sachets, straws, condiment packaging, clamshells and other 37 hinged or lidded containers, wrap, and portion cups.38 (((10))) (11) "Household cleaning and personal care product" 39 means any of the following: 40 p. 5 HB 2271 (a) Laundry detergents, softeners, and stain removers;1 (b) Household cleaning products; 2 (c) Liquid soap; 3 (d) Shampoo, conditioner, styling sprays and gels, and other hair 4 care products; or 5 (e) Lotion, moisturizer, facial toner, and other skin care 6 products. 7 (((11) "Household cleaning and personal care product 8 manufacturing industry" means an association that represents 9 companies that manufacture household cleaning and personal care 10 products.11 (12) "Licensee" means a manufacturer or entity who licenses a 12 brand and manufactures a covered product under that brand.13 (13))) (12) "Oral nutritional supplement" means a manufactured 14 liquid, powder capable of being reconstituted, or solid product that 15 contains a combination of carbohydrates, proteins, fats, fiber, 16 vitamins, and minerals intended to supplement a portion of a 17 patient's nutrition intake. 18 (((14))) (13) "Packaging" means a material, substance, or object 19 that is used to protect, contain, transport, serve, or facilitate 20 delivery of a product and is sold or supplied with the product to the 21 consumer.22 (14)(a) "PCRC product" means a PCRC 1.0 or PCRC 2.0 product.23 (b) "PCRC product" does not include any type of container or bag 24 for which the state is preempted from regulating content of the 25 container material or bag material under federal law.26 (15) "PCRC 1.0 product" means a product in one of the following 27 categories subject to minimum postconsumer recycled content 28 requirements:29 (a) Plastic trash bags;30 (b) Plastic containers that hold household cleaning and personal 31 care products; and32 (c) Plastic beverage containers.33 (16)(a) "PCRC 2.0 product" means:34 (i) Packaging that is a filled or unfilled rigid plastic 35 container that:36 (A) Has a minimum capacity of two fluid ounces or its equivalent 37 volume;38 (B) Is capable of maintaining its shape when empty;39 (C) Is comprised primarily of one or multiple plastic resins; and40 p. 6 HB 2271 (D) Is not used in a direct food contact application subject to a 1 federal food and drug administration condition of use nonobjection 2 letter;3 (ii) The following rigid plastic products, comprised primarily of 4 one or multiple plastic resins, when not manufactured for use in a 5 direct food contact application subject to a federal food and drug 6 administration condition of use nonobjection letter:7 (A) Buckets and pails;8 (B) Household storage and organization containers and lids;9 (C) Waste containers and lids, other than roll carts, designed 10 for indoor or outdoor use to hold discarded household materials 11 including trash, recycling, or compost;12 (D) Nursery pots or trays;13 (E) Bulk shipping or storage containers;14 (F) Household cleaning tools;15 (G) Indoor and outdoor furniture; and16 (H) Roll carts used by solid waste collection services for trash, 17 recycling, compostables, or other discarded household materials; and18 (iii) Film plastic products or packaging for use in any of the 19 following, when not used in a direct food contact application subject 20 to a federal food and drug administration condition of use 21 nonobjection letter:22 (A) All polyethylene film packaging used for toilet paper or 23 paper towels;24 (B) Collation open-ended or multiunit shrink film, other than 25 stretch film or pallet wrap, used for bundling products together for 26 sale; and27 (C) A heavy-duty sack used to package lawn and garden products 28 for residential or commercial uses including soil, mulch, soil 29 amendments, sand, compost, or bark. 30 (b) "PCRC 2.0 product" does not include:31 (i) Exempted PCRC 2.0 products; and32 (ii) Any PCRC 1.0 products that are also described in (a)(i), 33 (ii), or (iii) of this subsection.34 (17) "Plastic beverage container" means a bottle or other rigid 35 container other than a cup that is hermetically sealed or made 36 airtight with a metal or plastic cap, capable of maintaining its 37 shape when empty, and comprised solely of one or multiple plastic 38 resins designed to contain a beverage. Plastic beverage container 39 does not include: 40 p. 7 HB 2271 (a) Refillable beverage containers, such as containers that are 1 sufficiently durable for multiple rotations of their original or 2 similar purpose and are intended to function in a system of reuse;3 (b) Rigid plastic containers or plastic bottles that are or are 4 used for medical devices, medical products that are required to be 5 sterile, nonprescription and prescription drugs, or dietary 6 supplements as defined in RCW 82.08.0293; 7 (c) Bladders or pouches that contain wine; or 8 (d) Liners, caps, corks, closures, labels, and other items added 9 externally or internally but otherwise separate from the structure of 10 the bottle or container. 11 (((15))) (18)(a) "Plastic household cleaning and personal care 12 product container" means a bottle, jug, or other rigid container 13 ((with a neck or mouth narrower than the base, )) and:14 (i) A minimum capacity of ((eight)) two fluid ounces or its 15 equivalent volume; 16 (ii) A maximum capacity of five fluid gallons or its equivalent 17 volume; 18 (iii) That is capable of maintaining its shape when empty;19 (iv) Comprised solely of one or multiple plastic resins; and20 (v) Containing a household cleaning or personal care product.21 (b) "Plastic household cleaning and personal care product 22 container" does not include: 23 (i) Refillable household cleaning and personal care product 24 containers, such as containers that are sufficiently durable for 25 multiple rotations of their original or similar purpose and are 26 intended to function in a system of reuse; and 27 (ii) Rigid plastic containers or plastic bottles that are medical 28 devices, medical products that are required to be sterile, and 29 nonprescription and prescription drugs, dietary supplements as 30 defined in RCW 82.08.0293, and packaging used for those products.31 (((16))) (19)(a) "Plastic trash bag" means a bag that is 32 ((made)):33 (i) Made of noncompostable plastic ((, is at least 0.70 mils 34 thick,));35 (ii) Of the minimum thickness specified in RCW 70A.245.060(3); 36 and ((is designed ))37 (iii) Designed and manufactured for use as a container to hold, 38 store, or transport materials to be discarded or recycled, and 39 p. 8 HB 2271 includes, but is not limited to, a garbage bag, recycling bag, lawn 1 or leaf bag, can liner bag, kitchen bag, or compactor bag.2 (b) "Plastic trash bag" does not include ((any)):3 (i) Any compostable bags meeting the requirements of chapter 4 70A.455 RCW ; or5 (ii) Any reusable plastic carryout bag meeting the requirements 6 of RCW 70A.530.020(6)(b). 7 (((17) "Plastic trash bag manufacturing industry" means an 8 association that represents companies that manufacture plastic trash 9 bags.10 (18))) (20) "Postconsumer recycled content" means the content of 11 a ((covered)) PCRC product made of recycled materials derived 12 specifically from recycled material generated by households or by 13 commercial, industrial, and institutional facilities in their role as 14 end users of a product that can no longer be used for its intended 15 purpose. "Postconsumer recycled content" includes returns of material 16 from the distribution chain. 17 (((19))) (21)(a) "Producer" means the following person 18 responsible for compliance with minimum postconsumer recycled content 19 requirements under this chapter for a ((covered)) PCRC product sold, 20 offered for sale, or distributed in or into this state:21 (i) ((If the covered product is sold under the manufacturer's own 22 brand or lacks identification of a brand, the producer is the person 23 who manufactures the covered product;24 (ii) If the covered product is manufactured by a person other 25 than the brand owner, the producer is the person who is the licensee 26 of a brand or trademark under which a covered product is sold, 27 offered for sale, or distributed in or into this state, whether or 28 not the trademark is registered in this state, unless the 29 manufacturer or brand owner of the covered product has agreed to 30 accept responsibility under this chapter; or31 (iii) If there is no person described in (a)(i) and (ii) of this 32 subsection over whom the state can constitutionally exercise 33 jurisdiction, the producer is the person who imports or distributes 34 the covered product in or into the state. )) For plastic trash bags 35 specified in subsection (19) of this section, for PCRC 2.0 products 36 that are rigid plastic products specified in subsection (16)(a)(ii) 37 of this section, and for PCRC 2.0 products that are film plastic 38 products specified in subsection (16)(a)(iii) of this section:39 p. 9 HB 2271 (A) If the product is sold under the manufacturer's own brand, 1 the producer is the person that manufactures the product;2 (B) If there is no person to which (a)(i)(A) of this subsection 3 applies, the producer is the person that is the owner or licensee of 4 a brand or trademark under which the product is used in a commercial 5 enterprise, sold, offered for sale, or distributed in or into this 6 state, whether or not the trademark is registered in this state;7 (C) If there is no person to which (a)(i)(A) or (B) of this 8 subsection applies, the producer is the brand owner of the product;9 (D) If there is no person described in (a)(i)(A), (B), or (C) of 10 this subsection within the United States, the producer is the person 11 that imports the product into the United States for use in a 12 commercial enterprise that sells, offers for sale, or distributes the 13 product in this state; or14 (E) If there is no person described in (a)(i)(A) through (D) of 15 this subsection, the producer is the person that first distributes 16 the product in or into this state;17 (ii) For beverages that use plastic beverage containers, 18 household cleaning and personal care products that use plastic 19 household cleaning and personal care product containers, and for PCRC 20 2.0 products that are rigid plastic containers specified in 21 subsection (16)(a)(i) of this section or products that use film 22 plastic as packaging as specified in subsection (16)(a)(iii) of this 23 section:24 (A) If the item is sold in or with packaging under the brand of 25 the item manufacturer or is sold in packaging that lacks 26 identification of a brand, the producer is the person that 27 manufactures the item;28 (B) If there is no person to which (a)(ii)(A) of this subsection 29 applies, the producer is the person that is licensed to manufacture 30 and sell or offer for sale to consumers in this state an item with 31 packaging under the brand or trademark of another manufacturer or 32 person;33 (C) If there is no person to which (a)(ii)(A) or (B) of this 34 subsection applies, the producer is the brand owner of the item;35 (D) If there is no person described in (a)(ii)(A), (B), or (C) of 36 this subsection within the United States, the producer is the person 37 who is the importer of record for the item into the United States for 38 use in a commercial enterprise that sells, offers for sale, or 39 distributes the item in this state; or40 p. 10 HB 2271 (E) If there is no person described in (a)(ii)(A) through (D) of 1 this subsection, the producer is the person that first distributes 2 the item in or into this state;3 (iii) For purposes of postconsumer recycled content requirements 4 applicable to PCRC products, such as rigid plastic containers or 5 polyethylene film packaging used for toilet paper or paper towels, 6 that are initially introduced in Washington as a product and that are 7 intended for use as packaging for another product, the producer 8 responsible under this chapter is the producer of the product for 9 which the plastic container, rigid plastic container, polyethylene 10 film packaging, or other PCRC product is used as packaging.11 (b) "Producer" does not include: 12 (i) Government agencies, municipalities, or other political 13 subdivisions of the state; 14 (ii) Registered 501 (c)(3) charitable organizations and 501 (c)(4) 15 social welfare organizations; or 16 (iii) De minimis producers ((that annually sell, offer for sale, 17 distribute, or import in or into the country for sale in Washington:18 (A) Less than one ton of a single category of plastic beverage 19 containers, plastic household cleaning and personal care containers, 20 or plastic trash bags each year; or21 (B) A single category of a covered product that in aggregate 22 generates less than $1,000,000 each year in revenue )).23 (((20))) (22)(a) "Retail establishment" means any person, 24 corporation, partnership, business, facility, vendor, organization, 25 or individual that sells or provides merchandise, goods, or materials 26 directly to a customer. 27 (b) "Retail establishment" includes, but is not limited to, food 28 service businesses, grocery stores, department stores, hardware 29 stores, home delivery services, pharmacies, liquor stores, 30 restaurants, catering trucks, convenience stores, or other retail 31 stores or vendors, including temporary stores or vendors at farmers 32 markets, street fairs, and festivals. 33 (((21))) (23)(a) "Utensil" means a product designed to be used by 34 a consumer to facilitate the consumption of food or beverages, 35 including knives, forks, spoons, cocktail picks, chopsticks, splash 36 sticks, and stirrers. 37 (b) "Utensil" does not include plates, bowls, cups, and other 38 products used to contain food or beverages. 39 p. 11 HB 2271 NEW SECTION. Sec. 3. A new section is added to chapter 70A.245 1 RCW to read as follows: 2 (1) Each producer must meet the following postconsumer recycled 3 content requirements for PCRC 2.0 products, on average for the total 4 quantity of PCRC 2.0 products, by weight, that are sold, offered for 5 sale, or distributed in or into Washington: 6 (a) For packaging that is a rigid plastic container specified in 7 RCW 70A.245.010(16)(a)(i) manufactured on and after January 1, 2029, 8 and for PCRC 2.0 rigid plastic products specified in RCW 9 70A.245.010(16)(a)(ii) other than roll carts, no less than 30 percent 10 postconsumer recycled content plastic by weight; 11 (b)(i) For roll carts manufactured on and after January 1, 2029, 12 no less than 10 percent postconsumer recycled content plastic by 13 weight; 14 (ii) For roll carts manufactured on and after January 1, 2031, no 15 less than 30 percent postconsumer recycled content plastic by weight;16 (c) For all film plastics specified in RCW 17 70A.245.010(16)(a)(iii) manufactured on and after January 1, 2029, no 18 less than 10 percent postconsumer recycled content plastic by weight.19 (2) For each pound of postconsumer polyethylene terephthalate 20 resin purchased from a source in North America, as determined and 21 verified in a manner determined by the department, for use in the 22 manufacture of PCRC products with recycled plastic postconsumer 23 material in compliance with this chapter, the department shall credit 24 the certifying producer of a PCRC product with having used 1.5 pounds 25 of postconsumer polyethylene terephthalate resin towards the 26 requirements of subsection (1) of this section. 27 (3) A producer that does not achieve the postconsumer recycled 28 content requirements established under this section is subject to 29 penalties established in RCW 70A.245.040. 30 NEW SECTION. Sec. 4. A new section is added to chapter 70A.245 31 RCW to read as follows: 32 (1) The department must: 33 (a) Prepare an annual workload analysis by January 31st of each 34 year for public comment that identifies the annual costs it expects 35 to incur to implement, administer, and enforce requirements under 36 this chapter related to the postconsumer recycled content of PCRC 37 products, including rule making, in the next fiscal year for each 38 category of PCRC products; 39 p. 12 HB 2271 (b) Determine a total annual fee payment by producers or their 1 third-party representatives for each category of PCRC products that 2 is adequate to cover, but not exceed, the workload identified in (a) 3 of this subsection; 4 (c) Until rules are adopted under (d) of this subsection, issue a 5 general order to all entities falling within the definition of 6 producer. The department must equitably determine fee amounts for an 7 individual producer or third-party representatives within each 8 category of PCRC product; 9 (d) Adopt rules to equitably determine annual fee payments by 10 producers or third-party representatives of producers within each 11 category of PCRC product. Once such rules are adopted, the general 12 order issued under (c) of this subsection is no longer effective; and13 (e) Send notice to producers or their third-party representatives 14 of fee amounts due consistent with either the general order issued 15 under (c) of this subsection or rules adopted under (d) of this 16 subsection. 17 (2) The department must: 18 (a) Apply any remaining annual payment funds from the current 19 year to the annual payment for the coming year, if the collected 20 annual payment exceeds the department's costs for a given year; and21 (b) Increase annual payments for the coming year to cover the 22 department's costs, if the collected annual payment was less than the 23 department's costs for a given year. 24 (3) By May 1st of each year, a fee payment must be submitted as 25 determined by the department under subsection (1)(b) of this section 26 by producers or their third-party representatives.27 Sec. 5. RCW 70A.245.020 and 2021 c 313 s 3 are each amended to 28 read as follows: 29 (1)(a) Beginning January 1, 2023, producers that offer for sale, 30 sell, or distribute in or into Washington: 31 (i) Beverages other than wine in 187 milliliter plastic beverage 32 containers and dairy milk in plastic beverage containers must meet 33 minimum postconsumer recycled content requirements established under 34 subsection (((4))) (3) of this section; and 35 (ii) Plastic trash bags must meet minimum postconsumer recycled 36 content requirements established under subsection (((6))) (5) of this 37 section. 38 p. 13 HB 2271 (b) Beginning January 1, 2025, producers that offer for sale, 1 sell, or distribute in or into Washington household cleaning and 2 personal care products in plastic household cleaning and personal 3 care product containers must meet minimum postconsumer recycled 4 content as required under subsection (((5))) (4) of this section.5 (c) Beginning January 1, 2028, producers that offer for sale, 6 sell, or distribute in or into Washington wine in 187 milliliter 7 plastic beverage containers or dairy milk in plastic beverage 8 containers must meet minimum postconsumer recycled content as 9 required under subsection (((4))) (3) of this section.10 (2)(a)(i) On or before April 1, 2022, and annually thereafter, a 11 producer that offers for sale, sells, or distributes in or into 12 Washington ((covered)) PCRC products must register with the 13 department individually or through a third-party representative 14 registering on behalf of a group of producers. A producer of PCRC 2.0 15 products must register with the department individually or through a 16 third-party representative registering on behalf of producers.17 (ii) De minimis producers must register and report in the same 18 manner as producers that are not de minimis.19 (b) The registration information submitted to the department 20 under this section must include a list of the producers of 21 ((covered)) PCRC products and the brand names of the ((covered)) PCRC 22 products represented in the registration submittal. ((Beginning April 23 1, 2024, for plastic trash bags and plastic beverage containers other 24 than wine in 187 milliliter plastic beverage containers and dairy 25 milk in plastic beverage containers, April 1, 2026, for plastic 26 household and personal care product containers, and April 1, 2029, 27 for wine in 187 milliliter plastic beverage containers and dairy 28 milk, a producer may submit registration )) Registration information 29 may be submitted at the same time as the information submitted 30 through the annual reporting required under RCW 70A.245.030.31 (3)(((a) By January 31, 2022, and every January 31st thereafter, 32 the department must:33 (i) Prepare an annual workload analysis for public comment that 34 identifies the annual costs it expects to incur to implement, 35 administer, and enforce this section and RCW 70A.245.030 through 36 70A.245.060 and 70A.245.090 (1), (2), and (4), including rule making, 37 in the next fiscal year for each category of covered products;38 (ii) Determine a total annual fee payment by producers or their 39 third-party representatives for each category of covered products 40 p. 14 HB 2271 that is adequate to cover, but not exceed, the workload identified in 1 (a)(i) of this subsection; 2 (iii) Until rules are adopted under (a)(iv) of this subsection, 3 issue a general order to all entities falling within the definition 4 of producer. The department must equitably determine fee amounts for 5 an individual producer or third-party representatives within each 6 category of covered product;7 (iv) By 2024, adopt rules to equitably determine annual fee 8 payments by producers or their third-party representatives within 9 each category of covered product. Once such rules are adopted, the 10 general order issued under (a)(iii) of this subsection is no longer 11 effective; and12 (v) Send notice to producers or their third-party representatives 13 of fee amounts due consistent with either the general order issued 14 under (a)(iii) of this subsection or rules adopted under (a)(iv) of 15 this subsection.16 (b) The department must:17 (i) Apply any remaining annual payment funds from the current 18 year to the annual payment for the coming year, if the collected 19 annual payment exceeds the department's costs for a given year; and20 (ii) Increase annual payments for the coming year to cover the 21 department's costs, if the collected annual payment was less than the 22 department's costs for a given year.23 (c) By April 1, 2022, and every April 1st thereafter, producers 24 or their third-party representative must submit a fee payment as 25 determined by the department under (a) of this subsection.26 (4))) A producer of a beverage in a plastic beverage container 27 must meet the following annual minimum postconsumer recycled content 28 percentage on average for the total quantity of plastic beverage 29 containers, by weight, that are sold, offered for sale, or 30 distributed in or into Washington by the producer effective:31 (a) For plastic beverage((s)) containers except those that 32 contain wine in 187 milliliter plastic beverage containers and dairy 33 milk: 34 (i) Products manufactured on and after January 1, 2023, through 35 December 31, 2025: No less than 15 percent postconsumer recycled 36 content plastic by weight; 37 (ii) Products manufactured on and after January 1, 2026, through 38 December 31, 2030: No less than 25 percent postconsumer recycled 39 content plastic by weight; and 40 p. 15 HB 2271 (iii) ((On)) Products manufactured on and after January 1, 2031: 1 No less than 50 percent postconsumer recycled content plastic by 2 weight. 3 (b) For wine in 187 milliliter plastic beverage containers and 4 dairy milk: 5 (i) Products manufactured on and after January 1, 2028, through 6 December 31, 2030: No less than 15 percent postconsumer recycled 7 content plastic by weight; 8 (ii) Products manufactured on and after January 1, 2031, through 9 December 31, 2035: No less than 25 percent postconsumer recycled 10 content plastic by weight; and 11 (iii) ((On)) Products manufactured on and after January 1, 2036: 12 No less than 50 percent postconsumer recycled content plastic by 13 weight. 14 (((5))) (4) A producer of household cleaning and personal care 15 products in plastic containers must meet the following annual minimum 16 postconsumer recycled content percentage on average for the total 17 quantity of plastic containers, by weight, that are sold, offered for 18 sale, or distributed in or into Washington by the producer effective:19 (a) Products manufactured on and after January 1, 2025, through 20 December 31, 2027: No less than 15 percent postconsumer recycled 21 content plastic by weight; 22 (b) Products manufactured on and after January 1, 2028, through 23 December 31, 2030: No less than 25 percent postconsumer recycled 24 content plastic by weight; and 25 (c) ((On)) Products manufactured on and after January 1, 2031: No 26 less than 50 percent postconsumer recycled content plastic by weight.27 (((6))) (5) A producer of plastic trash bags must meet the 28 following annual minimum postconsumer recycled content percentage on 29 average for the total quantity of plastic trash bags, by weight, that 30 are sold, offered for sale, or distributed in or into Washington by 31 the producer effective: 32 (a) Products manufactured on and after January 1, 2023, through 33 December 31, 2024: No less than 10 percent postconsumer recycled 34 content plastic by weight; 35 (b) Products manufactured on and after January 1, 2025, through 36 December 31, 2026: No less than 15 percent postconsumer recycled 37 content plastic by weight; and 38 (c) ((On)) Products manufactured on and after January 1, 2027: No 39 less than 20 percent postconsumer recycled content plastic by weight.40 p. 16 HB 2271 (((7))) (6)(a) Beginning January 1, 2024, or when rule making is 1 complete, whichever is sooner, the department may, on an annual basis 2 on January 1st, review and determine ((for the following year )), 3 applicable to the PCRC program compliance year under this section 4 beginning 24 months from that January 1st, whether to adjust the 5 minimum postconsumer recycled content percentage required for a type 6 of container or product or category of ((covered)) PCRC products 7 ((pursuant to subsection (4), (5), or (6) of this section )). The 8 department's review may be initiated by the department or at the 9 petition of a producer or a ((covered)) PCRC product manufacturing 10 industry not more than once annually. When submitting a petition, 11 producers or a producer manufacturing industry must provide necessary 12 information that will allow the department to make a determination 13 under (b) of this subsection. 14 (b) In making a determination pursuant to this subsection, the 15 department must consider, at a minimum, all of the following factors:16 (i) Changes in market conditions, including supply and demand for 17 postconsumer recycled content plastics, collection rates, and bale 18 availability both domestically and globally; 19 (ii) Recycling rates; 20 (iii) The availability of recycled plastic suitable to meet the 21 minimum postconsumer recycled content requirements ((pursuant to 22 subsection (4), (5), or (6) of this section )), including the 23 availability of high quality recycled plastic, and food-grade 24 recycled plastic from recycling programs; 25 (iv) The capacity of recycling or processing infrastructure;26 (v) The technical feasibility of achieving the minimum 27 postconsumer recycled content requirements in covered products that 28 are regulated under 21 C.F.R., chapter I, subchapter G, 7 U.S.C. Sec. 29 136, 15 U.S.C. Sec. 1471-1477, 49 C.F.R. Sec. 178.33b, 49 C.F.R. Sec. 30 173, 40 C.F.R. Sec. 152.10, 15 U.S.C. Sec. 1261-1278, 49 U.S.C. 5101 31 et seq., 49 C.F.R. Sec. 178.509, 49 C.F.R. Sec. 179.522, 49 C.F.R. 32 Sec. 178.600-609, and other federal laws; and 33 (vi) The progress made by producers in achieving the goals of 34 this section. 35 (c) Under (a) of this subsection: 36 (i) The department may not adjust the minimum postconsumer 37 recycled content requirements above the minimum postconsumer recycled 38 content percentages for the year under review required pursuant to 39 subsection (((4), (5), or (6))) (3), (4), or (5) of this section.40 p. 17 HB 2271 (ii) For plastic household cleaning and personal care product 1 containers, the department may not adjust the minimum postconsumer 2 recycled content requirements above the minimum postconsumer recycled 3 content percentages for the year under review required pursuant to 4 subsection (((5))) (4) of this section or below a minimum of 10 5 percent. 6 (iii) For plastic trash bags, the department may not adjust the 7 minimum postconsumer recycled content requirements above the minimum 8 postconsumer recycled content percentages for the year under review 9 required pursuant to subsection (((6))) (5) of this section or below 10 the minimum percentage required in subsection (((6))) (5)(a) of this 11 section. 12 (d) A producer or the manufacturing industry for a ((covered)) 13 PCRC product may appeal a decision by the department to adjust 14 postconsumer recycled content percentages under (a) of this 15 subsection or to temporarily exclude ((covered)) PCRC products from 16 minimum postconsumer recycled content requirements under subsection 17 (((8))) (7) of this section to the pollution control hearings board 18 within 30 days of the department's determination. 19 (((8))) (7) The department must temporarily exclude from minimum 20 postconsumer recycled content requirements for the upcoming year any 21 types of ((covered)) PCRC products ((in plastic containers )) for 22 which a producer annually demonstrates to the department by 23 ((December)) September 31st of a given year that the achievement of 24 postconsumer recycled content requirements ((in the container 25 material)) is not technically feasible in order to comply with health 26 or safety requirements of federal law, including the federal laws 27 specified in subsection (((7))) (6)(b)(v) of this section. A producer 28 must continue to register and report consistent with the requirements 29 of this chapter for ((covered)) PCRC products temporarily excluded 30 from minimum postconsumer recycled content requirements under this 31 subsection. Any exclusion for the plastic container for a household 32 cleaning and personal care product regulated under 7 U.S.C. Sec. 136 33 et seq. must be granted for a period of four years from the date of 34 department approval.35 (((9))) (8) A producer that does not achieve the postconsumer 36 recycled content requirements established under this section is 37 subject to penalties established in RCW 70A.245.040.38 (((10))) (9)(a) A city, town, county, or municipal corporation 39 may not implement local recycled content requirements for ((a covered 40 p. 18 HB 2271 product that is )) PCRC products that are subject to minimum 1 postconsumer recycled content requirements ((established in this 2 section)) under this chapter . 3 (b) A city, town, county, or municipal corporation may establish 4 local purchasing requirements that include recycled content standards 5 that exceed the minimum recycled content requirements established by 6 this chapter for ((plastic household cleaning and personal care 7 product containers or plastic trash bags )) PCRC products purchased by 8 a city, town, or municipal corporation, or its contractor.9 (((11))) (10) The department may enter into contracts for the 10 services required to implement this chapter and related duties of the 11 department. 12 (((12))) (11) In-state distributors, wholesalers, and retailers 13 in possession of ((covered)) PCRC products manufactured before the 14 date that postconsumer recycled content requirements become effective 15 may exhaust their existing stock through sales to the public.16 Sec. 6. RCW 70A.245.030 and 2021 c 313 s 4 are each amended to 17 read as follows: 18 (1)(a) ((Except as provided in (b) and (c) of this subsection, 19 beginning April 1, 2024, each )) Each producer of ((covered)) PCRC 20 products, individually or through a third party representing a group 21 of producers, must provide an annual report to the department that 22 includes the amount in pounds of virgin plastic and the amount in 23 pounds of postconsumer recycled content by resin type used for each 24 category of ((covered)) PCRC products that are sold, offered for 25 sale, or distributed in or into Washington state, including the total 26 postconsumer recycled content resins as a percentage of total weight. 27 The report must be submitted in a format and manner prescribed by the 28 department. A manufacturer may submit national data allocated on a 29 per capita basis for Washington to approximate the information 30 required in this subsection if the producer or third-party 31 representative demonstrates to the department that state level data 32 are not available or feasible to generate. 33 (b) ((The requirements of (a) of this subsection apply to 34 household cleaning and personal care products in plastic containers 35 beginning April 1, 2026.36 (c) The requirements of (a) of this subsection apply to wine in 37 187 milliliter plastic beverage containers and dairy milk in plastic 38 beverage containers beginning April 1, 2029.39 p. 19 HB 2271 (d))) Each producer must report the amount, in pounds, of virgin 1 plastic by resin type, and the amount, in pounds, of postconsumer 2 recycled content by resin type used and the source, by country of 3 origin, for each covered product category of PCRC products that is 4 sold, offered for sale, or distributed in or into Washington, 5 including the total postconsumer recycled content resins as a 6 percentage of total plastic weight. These requirements apply 7 beginning March 1st of the year following the first calendar year 8 that minimum postconsumer recycled content requirements apply to a 9 PCRC product.10 (c) The department must post the information reported under this 11 subsection on its website, except as provided in subsection (((2))) 12 (4) of this section. 13 (2) On and after January 1, 2030, a producer of PCRC products 14 shall include, as part of its annual registration under this chapter, 15 proof of third-party certification of the postconsumer recycled 16 content.17 (a) The third-party certification shall be completed by an 18 independent, accredited (ISO/IEC 17065) certifying body as required 19 by the international organization for standardization. A producer 20 that is a retail establishment may rely on a third-party 21 certification provided to it by the manufacturer or supplier of the 22 PCRC product for purposes of this subsection.23 (b) The third-party certification shall be provided to the 24 department under penalty of perjury.25 (c) A producer that is required to comply with this subsection 26 (2) may be audited by the department or an independent third party 27 contracted by the department.28 (3) Except as provided in subsection (4) of this section, the 29 department must post the information reported by producers under this 30 section on its internet website.31 (4) A producer that submits information or records to the 32 department under this chapter may request that the information or 33 records be made available only for the confidential use of the 34 department, the director, or the appropriate division of the 35 department. The director of the department must give consideration to 36 the request and if this action is not detrimental to the public 37 interest and is otherwise in accordance with the policies and 38 purposes of chapter 43.21A RCW, the director must grant the request 39 p. 20 HB 2271 for the information to remain confidential as authorized in 1 RCW 43.21A.160. 2 Sec. 7. RCW 70A.245.040 and 2021 c 313 s 5 are each amended to 3 read as follows: 4 (1)(a) A producer that does not meet the minimum postconsumer 5 recycled content requirements for PCRC products pursuant to RCW 6 70A.245.020 or section 3 of this act is subject to a penalty pursuant 7 to this section. Beginning June 1st of the year following the first 8 year that minimum postconsumer recycled product content requirements 9 apply to a category of ((covered)) PCRC product, the penalty must be 10 calculated consistent with subsection (2) of this section unless a 11 penalty reduction or corrective action plan has been approved 12 pursuant to subsection (3) of this section. 13 (b) A producer that is assessed a penalty pursuant to this 14 section may pay the penalty to the department in one payment, in 15 quarterly installments, or arrange an alternative payment schedule 16 subject to the approval of the department, not to exceed a 12-month 17 payment schedule unless the department determines an extension is 18 needed due to unforeseen circumstances, such as a public health 19 emergency, state of emergency, or natural disaster.20 (c) The department must waive any penalty owed under this section 21 that amounts to less than $100.22 (2) Beginning June 1st of the year following the first year that 23 minimum postconsumer recycled product content requirements apply to a 24 category of ((covered)) PCRC product, and annually thereafter, the 25 department shall determine the penalty for the previous calendar year 26 based on the postconsumer recycled content requirement of the 27 previous calendar year. The department shall calculate the amount of 28 the penalty based upon the amounts in pounds in the aggregate of 29 virgin plastic, postconsumer recycled content plastic, and any other 30 plastic per category used by the producer to produce ((covered)) PCRC 31 products sold or offered for sale in or into Washington state, in 32 accordance with the following: 33 (a)(i) The annual penalty amount assessed to a producer must 34 equal the product of both of the following: The total pounds of 35 plastic used per category multiplied by the relevant minimum 36 postconsumer recycled plastic target percentage, less the pounds of 37 total plastic multiplied by the percent of postconsumer recycled 38 plastic used; multiplied by ((20)) 40 cents. 39 p. 21 HB 2271 (ii) Example: [(Total pounds of plastic used x minimum 1 postconsumer recycled plastic target percentage) – (Total pounds of 2 plastic used x postconsumer recycled plastic percentage used)] x 3 ((20)) 40 cents. 4 (b) For the purposes of (a) of this subsection, both of the 5 following apply: 6 (i) The total pounds of plastic used must equal the sum of the 7 amount of virgin plastic, postconsumer recycled content plastic, and 8 any other plastic used by the producer, as reported pursuant to RCW 9 70A.245.030. 10 (ii) If the product calculated pursuant to (a) of this subsection 11 is equal to or less than zero, the department may not assess a 12 penalty. 13 (3)(a)(i) The department shall consider granting a reduction of 14 penalties assessed pursuant to this section for the purpose of 15 meeting the minimum postconsumer recycled content requirements 16 ((required pursuant to RCW 70A.245.020)). 17 (ii) In determining whether to grant the reduction pursuant to 18 (a)(i) of this subsection, the department shall consider, at a 19 minimum, all of the following factors: 20 (A) Anomalous market conditions; 21 (B) Disruption in, or lack of supply of, recycled plastics; and22 (C) Other factors that have prevented a producer from meeting the 23 requirements. 24 (b) In lieu of or in addition to assessing a penalty under this 25 section, the department may require a producer to submit a corrective 26 action plan detailing how the producer plans to come into compliance 27 with ((RCW 70A.245.020)) the minimum postconsumer recycled content 28 requirements of this chapter . 29 (4) For the purposes of determining compliance with the 30 postconsumer recycled content requirements of this chapter, the 31 department may consider the date of manufacture of a ((covered)) PCRC 32 product or the container of a ((covered)) PCRC product.33 (5) A producer shall pay the penalty assessed pursuant to this 34 section, as applicable, based on the information reported to the 35 department as required under RCW 70A.245.030 in the form and manner 36 prescribed by the department. 37 (6) A producer may appeal the penalty assessed under this section 38 to the pollution control hearings board within 30 days of assessment.39 p. 22 HB 2271 (7) Penalties collected under this section must be deposited in 1 the recycling enhancement account created in RCW 70A.245.100.2 Sec. 8. RCW 70A.245.050 and 2021 c 313 s 6 are each amended to 3 read as follows: 4 (1) For producers out of compliance with the registration, 5 reporting, or labeling requirements ((of RCW 70A.245.020, 6 70A.245.030, or 70A.245.060)) related to minimum postconsumer 7 recycled content requirements under this chapter , the department 8 shall provide written notification and offer information to producers 9 or, as appropriate, a producer responsibility organization . For the 10 purposes of this section, written notification serves as notice of 11 the violation. The department must issue at least two notices of 12 violation by certified mail prior to assessing a penalty under 13 subsection (2) of this section. 14 (2) A producer in violation of the registration, reporting, or 15 labeling requirements ((in RCW 70A.245.020, 70A.245.030, or 16 70A.245.060)) related to minimum postconsumer recycled content 17 requirements under this chapter is subject to a civil penalty for 18 each day of violation in an amount not to exceed $1,000.19 (3) Penalties collected under this section must be deposited in 20 the recycling enhancement account created in RCW 70A.245.100.21 (4) Penalties issued under this section are appealable to the 22 pollution control hearings board established in chapter 43.21B RCW .23 Sec. 9. RCW 70A.245.090 and 2021 c 313 s 12 are each amended to 24 read as follows: 25 (1) The department may conduct audits and investigations , or 26 require a producer to provide third-party verification, for the 27 purpose of ensuring compliance with ((RCW 70A.245.020 and 70A.245.040 28 based on the information reported under RCW 70A.245.030)) the 29 postconsumer recycled content requirements of this chapter applicable 30 to PCRC products . 31 (2) The department shall annually publish a list of registered 32 producers of ((covered)) PCRC products and associated brand names, 33 their compliance status, and other information the department deems 34 appropriate on the department's website. 35 (3) To assist regulated parties with the requirements specified 36 under RCW 70A.245.070 and 70A.245.080, the department:37 p. 23 HB 2271 (a) Must prepare and post on its website information regarding 1 the prohibitions on the sale and distribution of expanded polystyrene 2 products as specified under RCW 70A.245.070 and restrictions on the 3 provision of optional serviceware under RCW 70A.245.080;4 (b) For education and outreach to help implement RCW 70A.245.070 5 and 70A.245.080, may develop culturally appropriate and translated 6 educational materials and resources for the state's diverse ethnic 7 populations from existing materials used by local jurisdictions and 8 other states. 9 (4) The department may adopt rules as necessary to administer, 10 implement, and enforce this chapter. 11 (5) The department may require producers or their third-party 12 representatives to use acceptable and certified methods by reputable 13 organizations for purposes of ensuring compliance by producers with 14 the requirements of RCW 70A.245.030, 70A.245.040, and section 3 of 15 this act. The department may require that appropriate independent, 16 third-party certifications be included in annual reports submitted to 17 the department under RCW 70A.245.030. The certification shall include 18 documentation that the calculation of the postconsumer recycled 19 content of the plastic in a product category does not include use of 20 credits from conversion of plastic into chemicals, fuel, or energy.21 Sec. 10. RCW 70A.245.120 and 2021 c 313 s 15 are each amended to 22 read as follows: 23 (1) Subject to the availability of amounts appropriated for this 24 specific purpose prior to January 1, ((2028)) 2032, the department 25 shall contract with a research university or an independent third-26 party consultant to study the plastic resin markets for all of the 27 following: 28 (a) Analyzing market conditions and opportunities in the state's 29 recycling industry for meeting the minimum postconsumer recycled 30 content requirements for ((covered)) PCRC products pursuant to ((RCW 31 70A.245.020 and 70A.245.030)) this chapter ; and 32 (b) Determining the data needs and tracking opportunities to 33 increase the transparency and support of a more effective, fact-based 34 public understanding of the recycling industry. 35 (2) If funding is provided pursuant to subsection (1) of this 36 section and the department undertakes the study, the study must be 37 completed by May 1, ((2029)) 2033. 38 (3) This section expires July 1, ((2029)) 2033.39 p. 24 HB 2271 Sec. 11. RCW 70A.245.060 and 2021 c 313 s 7 are each amended to 1 read as follows: 2 (1) Beginning January 1, 2023, producers shall label each package 3 containing plastic trash bags sold, offered for sale, or distributed 4 in or into Washington with: 5 (a) The name of the producer and the city, state, and country 6 where the producer is located, which may be designated as the 7 location of the producer's corporate headquarters , and, beginning 8 January 1, 2027, the percentage of postconsumer recycled content that 9 the plastic trash bag contains in accordance with 16 C.F.R. Part 260, 10 as it existed as of the effective date of this section ; or11 (b) A uniform resource locator or quick response code to an 12 internet website that contains the information required pursuant to 13 (a) of this subsection. 14 (2)(a) The provisions of subsection (1) of this section do not 15 apply to a plastic bag that is designed and manufactured to hold, 16 store, or transport dangerous waste or biomedical waste.17 (b) For the purposes of this subsection: 18 (i) "Biomedical waste" means any waste defined as that term under 19 RCW 70A.228.010; and 20 (ii) "Dangerous waste" means any waste defined as dangerous 21 wastes under RCW 70A.300.010. 22 (3) A plastic trash bag is subject to minimum postconsumer 23 recycled content requirements under this chapter if it has a 24 thickness that exceeds the lower of either:25 (a) 0.70 mils; or26 (b) A mil thickness adopted by the department by rule that is 27 sufficient to prevent widespread evasion of the postconsumer recycled 28 content requirements of this chapter through redesign of products 29 that reduce plastic trash bag thickness.30 (4) A plastic trash bag producer must submit to the department a 31 certificate of compliance within one year of the beginning of 32 postconsumer recycled content requirements applicable to a plastic 33 trash bag, conducted by a third-party certification entity, stating 34 that a plastic trash bag is in compliance with the labeling 35 requirements of subsection (1) of this section and the postconsumer 36 recycled content requirements of RCW 70.245.020. A producer that is a 37 retail establishment may rely on a third-party certification provided 38 to it by the manufacturer or supplier of the plastic trash bag for 39 purposes of this subsection.40 p. 25 HB 2271 NEW SECTION. Sec. 12. A new section is added to chapter 70A.245 1 RCW to read as follows: 2 (1) On or after October 1, 2037, and every 10 years thereafter, 3 the department shall be required to conduct a market study to 4 evaluate the postconsumer recycled content requirements established 5 in this chapter for PCRC products for the purposes of identifying 6 opportunities for continuous improvement including rate adjustments, 7 supply of recycled plastic materials, and expanded product 8 categories. 9 (2) On or after January 1, 2033, and five years thereafter, the 10 department shall prepare and submit a report to the governor and to 11 the appropriate committees of the house of representatives and the 12 senate, assessing the implementation of this chapter's postconsumer 13 recycled content requirement, evaluating the effectiveness of 14 postconsumer recycled content requirements in stimulating the 15 recycling markets in the state, and making any recommendations for 16 legislative or administrative action necessary to further the 17 purposes of this chapter, including recommendations for whether and 18 how the state should encourage, require, or support other uses of 19 recycled material. 20 Sec. 13. RCW 43.21B.110 and 2025 c 327 s 1, 2025 c 319 s 6, 2025 21 c 316 s 301, 2025 c 314 s 13, 2025 c 311 s 7, and 2025 c 58 s 1008 22 are each reenacted and amended to read as follows:23 (1) The hearings board shall only have jurisdiction to hear and 24 decide appeals from the following decisions of the department, the 25 director, local conservation districts, the air pollution control 26 boards or authorities as established pursuant to chapter 70A.15 RCW, 27 local health departments, the department of natural resources, the 28 department of fish and wildlife, the parks and recreation commission, 29 and authorized public entities described in chapter 79.100 RCW :30 (a) Civil penalties imposed pursuant to chapter 70A.230 RCW and 31 RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.205.740, 32 70A.205.280, 70A.205.545, 70A.355.070, 70A.430.070, 70A.500.260, 33 ((70A.505.100, 70A.505.110,)) 70A.530.040, 70A.350.070, 70A.515.060, 34 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 35 70A.245.140, 70A.65.200, 70A.455.090, 70A.535.180, 70A.550.030, 36 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 76.04.205, 37 76.09.170, 77.55.440, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 38 90.48.144, 90.56.310, 90.56.330, and 90.64.102. 39 p. 26 HB 2271 (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 1 18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 2 70A.15.6010, 70A.205.740, 70A.205.280, 70A.214.140, 70A.300.120, 3 70A.350.070, 70A.245.020, 70A.65.200, 70A.535.180, ((70A.505.100,)) 4 70A.555.110, 70A.560.020, 70A.208.230, 70A.565.030, 86.16.020, 5 88.46.070, 90.03.665, 90.14.130, 90.46.250, 90.48.120, 90.48.240, 6 90.56.330, and 90.64.040. 7 (c) Except as provided in RCW 90.03.210(2), the issuance, 8 modification, or termination of any permit, certificate, or license 9 by the department or any air authority in the exercise of its 10 jurisdiction, including the issuance or termination of a waste 11 disposal permit, the denial of an application for a waste disposal 12 permit, the modification of the conditions or the terms of a waste 13 disposal permit, a decision to approve or deny a solid waste 14 management plan under RCW 70A.205.055, approval or denial of an 15 application for a beneficial use determination under RCW 70A.205.260, 16 an application for a change under RCW 90.03.383, or a permit to 17 distribute reclaimed water under RCW 90.46.220. 18 (d) Decisions of local health departments regarding the granting 19 or denial of solid waste permits pursuant to chapter 70A.205 RCW, 20 including appeals by the department as provided in RCW 70A.205.130.21 (e) Decisions of local health departments regarding the issuance 22 and enforcement of permits to use or dispose of biosolids under RCW 23 70A.226.090. 24 (f) Decisions of the department regarding waste-derived 25 fertilizer or micronutrient fertilizer under RCW 15.54.820.26 (g) Decisions of local conservation districts related to the 27 denial of approval or denial of certification of a dairy nutrient 28 management plan; conditions contained in a plan; application of any 29 dairy nutrient management practices, standards, methods, and 30 technologies to a particular dairy farm; and failure to adhere to the 31 plan review and approval timelines in RCW 90.64.026 as provided in 32 RCW 90.64.028. 33 (h) Any other decision by the department or an air authority 34 which pursuant to law must be decided as an adjudicative proceeding 35 under chapter 34.05 RCW . 36 (i) Decisions of the department of natural resources, the 37 department of fish and wildlife, and the department that are 38 reviewable under chapter 76.09 RCW, and the department of natural 39 p. 27 HB 2271 resources' appeals of county, city, or town objections under RCW 1 76.09.050(7). 2 (j) Forest health hazard orders issued by the commissioner of 3 public lands under RCW 76.06.180. 4 (k) Decisions of the department of fish and wildlife to issue, 5 deny, condition, or modify a hydraulic project approval permit under 6 chapter 77.55 RCW, to issue a stop work order, to issue a notice to 7 comply, to issue a civil penalty, or to issue a notice of intent to 8 disapprove applications. 9 (l) Decisions of the department of natural resources that are 10 reviewable under RCW 78.44.270. 11 (m) Decisions of an authorized public entity under RCW 79.100.010 12 to take temporary possession or custody of a vessel or to contest the 13 amount of reimbursement owed that are reviewable by the hearings 14 board under RCW 79.100.120. 15 (n) Decisions of the department of ecology that are appealable 16 under ((RCW 70A.245.020)) chapter 70A.245 RCW to set recycled minimum 17 postconsumer content for PCRC products or to temporarily exclude 18 types of PCRC products ((in plastic containers )) from minimum 19 postconsumer recycled content requirements. 20 (o) Orders by the department of ecology under RCW 70A.455.080.21 (p) Decisions by the department of ecology under RCW 22 70A.208.150(5) regarding a proposal by a producer responsibility 23 organization to count materials sent to an alternative recycling 24 facility towards recycling performance targets. 25 (q) Decisions of the department of natural resources under RCW 26 76.04.205. 27 (2) The following hearings shall not be conducted by the hearings 28 board: 29 (a) Hearings required by law to be conducted by the shorelines 30 hearings board pursuant to chapter 90.58 RCW, except where appeals to 31 the pollution control hearings board and appeals to the shorelines 32 hearings board have been consolidated pursuant to RCW 43.21B.340.33 (b) Hearings conducted by the department pursuant to RCW 34 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 35 70A.15.3110, and 90.44.180. 36 (c) Appeals of decisions by the department under RCW 90.03.110 37 and 90.44.220. 38 (d) Hearings conducted by the department to adopt, modify, or 39 repeal rules. 40 p. 28 HB 2271 (3) Review of rules and regulations adopted by the hearings board 1 shall be subject to review in accordance with the provisions of the 2 administrative procedure act, chapter 34.05 RCW . 3 NEW SECTION. Sec. 14. A new section is added to chapter 39.26 4 RCW to read as follows: 5 (1) Beginning April 1, 2029, the department must establish a 6 specification development process for reviewing the scope of plastic 7 products purchased and opportunities for maximizing postconsumer 8 recycled content within such products. The department shall be 9 required to report revised procurement specifications for plastic 10 products containing postconsumer recycled content, as applicable, to 11 the department of ecology. 12 (2) Beginning April 1, 2030, and to the extent practicable, all 13 state agencies may only purchase the following PCRC products of 14 producers that comply with the minimum postconsumer recycled content 15 requirements established in chapter 70A.245 RCW : 16 (a) A plastic bucket or pail; 17 (b) A household storage container; 18 (c) A trash bin; 19 (d) Nursery packaging; 20 (e) A roll cart used for trash, recycling, or other discarded 21 household materials; 22 (f) A tray; 23 (g) Secondary packaging, such as a crate, tote, drum, or gaylord 24 box; and 25 (h) Trash bags. 26 (3) The department shall publish a list of the producers that 27 comply with the minimum recycled content requirements established in 28 chapter 70A.245 RCW, in order for state agencies to purchase 29 compliant products. 30 (4) For purposes of this section, "producer" and "PCRC product" 31 have the same meaning as in chapter 70A.245 RCW . 32 NEW SECTION. Sec. 15. If any provision of this act or its 33 application to any person or circumstance is held invalid, the 34 remainder of the act or the application of the provision to other 35 persons or circumstances is not affected.36 --- END --- p. 29 HB 2271