HB1488 – Requires increasing the amounts of recycled post consumer content in plastic packaging in several stages.
Prime Sponsor – Representative Fey (D; 27th District; Tacoma)
Current status – Referred to the House Committee on Environment and Energy; scheduled for a hearing February 11th at 1:30 PM.
Next step would be – Action by the committee.
Legislative tracking page for the bill.
Summary –
The bill requires increasing the amounts of recycled post consumer content in plastic packaging in several stages. Covered packaging includes detachable plastic attached to items, like tags; and plastic that’s combined with other materials such as plastic bottles with metal lids and blister packs combining plastic and paperboard; but not plastic-coated paper packaging or aseptic containers. It makes the “producers” of plastic packaging, defined as manufacturers and any wholesalers, suppliers, or retailers that have “contractually undertaken responsibility to the manufacturer for the covered product”, responsible for meeting the requirements. Government agencies, municipalities, and other political subdivisions of the state; charitable and social welfare organizations; and health care facilities and providers are exempted. It doesn’t apply to individual containers, but to the percentage by weight of recycled content across the entire product line of the packaging they sell, offer for sale, or distribute in the state.
Packaging made mostly of #1 PETE (polyethylene terephthalate) or #2 HDPE (high density polyethylene) would have to contain at least 15% postconsumer recycled plastic
from July 1, 2023 through December 31, 2026; at least 25% during the next four years; and at least 50% after 2030. (#1 PETE is used in a variety of clear containers like soft drink bottles and peanut butter jars. #2 HDPE is used things like milk jugs, laundry detergent bottles, and motor oil containers.)
Rigid packaging made mostly of any other plastics would have to contain at least 15% postconsumer recycled plastic from July 1, 2023 through December 31, 2030; at least 25% during the next six years; and at least 50% after 2035.
Flexible packaging made mostly of any other plastics would have to contain at least 10% postconsumer recycled plastic from July 1, 2023 through December 31, 2028; at least 20% during the next seven years; and at least 30% after 2035.
Every other year after 2024, or in response to a petition by the industry or a manufacturer, but not more than once a year, the Department of Ecology would have to consider reducing these requirements, taking into account changes in market conditions, including supply and demand for postconsumer recycled plastics, collection rates, and bale availability; recycling rates; the availability of suitable recycled plastic; recycling or processing capacity; the progress made by packaging manufacturers in meeting the requirements; and the carbon footprint of the transportation and manufacturing of the recycled resin. However, it couldn’t reduce the requirements below the initial minimums.
The bill exempts:
1. Plastic packaging and food serviceware for serving prepared serving food at a drive through; in packaged form for takeout; or from food trucks, stands, delis, or kiosks;
2. Plastic carryout bags currently subject to State recycled content requirements;
3. Compostable packaging that meets the current State requirements for compostable bags and food service products;
4. Packaging for drugs, medical devices, or dietary supplements regulated by the FDA; and drugs used for veterinary medicine, including parasiticide products for animals.
5. Packaging containing milk, medical food, or infant formula; wine or non-alcoholic wine; distilled spirits; 100% fruit juice in containers of at least 46 ounces and 100% vegetable juice in containers of at least 16 ounces;
6. Plastic containers for toxic or hazardous products regulated by the Federal insecticide, fungicide, and rodenticide act;
7. Plastic containers manufactured for shipping hazardous materials, or prohibited from being manufactured with used material by Federal standards;
8. Architectural paint currently covered by the State’s stewardship program;
9. Plastic in containers for hazardous Federally regulated aerosols;
10. Three and five gallon water cooler containers that are part of a water cooler system; and,
11. Packaging intended for the long-term or permanent storage or protection of a durable product, such as an included carrying case for it.
The President of the Senate and the Speaker of the House are to jointly appoint a stakeholder committee with at least one member representing seventeen specified groups. It’s to make recommendations to Ecology about adopting rules on methods for aggregating materials to determine compliance, as well as exemptions, exceptions, or alternative
compliance requirements; it’s to periodically review the rules Ecology creates, and the departments to provide a written explanation to the committee about recommended exemptions it implements or denies. The rules the committee’s to consider include ones about:
1. Plastic packaging, including food contact packaging, that is subject to federal laws, regulations, or requirements;
2. Packaging that’s determined by the department through life-cycle analysis to exhibit environmentally superior performance when it doesn’t contain postconsumer recycled content or contains smaller amounts than the bill requires;
3. Packaging from producers with an annual sale or distribution in the state of less than one ton;
4. Packaging associated with a single point of retail sale in Washington;
5. Packaging from women or minority-owned producers, if the department determines such an exemption is in the public interest;
6. Packaging that’s necessary to provide tamper-resistant seals for public health purposes or used for food protection and delivery or child-resistant packaging; or that’s intended for reuse by a business as part of its regular operations.
Starting in July 2023, the bill imposes an annual fee on producers of up to $200/ton for failing to meet the required minimum percentages. The fee is supposed to be set at a level which will raise between $30 million and $40 million each biennium. Ecology’s allowed to adjust it for individual producers after considering anomalous market conditions; disruptions in supplies of recycled plastics or shortages; the extent to which a producer has reduced overall packaging waste generated with recyclable, compostable, or reusable alternatives; and other factors including State or Federal laws and regulations. Producers must have a corrective action plan explaining their shortfall and the steps they will take to correct it within a year approved by Ecology to be eligible for a reduction, and Ecology has to provide a written explanation for its decision about a request for one, including the standards it uses in reviewing a plan and how it applied them in this case, an explanation of actions a producer can take in a future plan to reduce fees or other requirements; an an explanation of the methodology used in determining the fee.
Up to 10% of the revenue from fees may be used by Ecology to pay the costs of administering and enforcing the program. A year’s worth of funding for developing the program is allocated from the waste reduction, recycling, and litter control account; and $1 million a year from the fees is to go to that account in subsequent years until June 30th, 2034. The rest of the money’s to go to cities and counties that are eligible for support under the waste management act. They can use the money for solid waste planning, management, regulation, enforcement, technical assistance, and public education; and to improve recycling infrastructure and the recyclability of plastic packaging through curbside recycling programs, or through depots or collection points for plastics that aren’t effectively collected or processed through those. Ecology’s to develop rules for distributing the funds in conjunction with an advisory committee convened by the department, and including five members appointed by the Washington Association of County Solid Waste Managers and five members appointed by the Washington State Association of Local Public Health Officials. The rules must distribute funds to counties based on the population of the county, after distributing a set minimum to each county, and must require annual reporting from them.
The bill preempts any local requirements that are more restrictive than its or inconsistent with them. The current process for appealing Ecology’s decisions is expanded to include ones setting the bill’s minimum requirements and assessing fees; there are reporting requirements for producers, and an annual report on the program by the Department.