Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Environment & Energy Committee

E2SSB 6213

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning certain expanded polystyrene products.

Sponsors: Senate Committee on Ways & Means (originally sponsored by Senators Das, Carlyle, Van De Wege, Dhingra, Kuderer, Lovelett, Nguyen, Billig, Rolfes, Saldaña, Darneille, Hasegawa, Liias, Keiser, Pedersen, Stanford, Frockt, Wellman and Wilson, C.).

Brief Summary of Engrossed Second Substitute Bill

  • Prohibits the sale or distribution of certain polystyrene food service products, void filling packaging products, and coolers in or into the state.

  • Requires that all sold and distributed void filling packaging products be compostable.

  • Directs the Department of Ecology to enforce the prohibition against manufacturers.

Hearing Date: 2/25/20

Staff: Emily Williams (786-7291) & Jacob Lipson (786-7196).

Background:

Polystyrene foam.

Polystyrene foam, commonly referred to as Styrofoam, is a type of plastic made of interconnected styrene monomers that is processed into lightweight foam by various techniques. Polystyrene foam is used for various commercial and consumer applications, including food service products, packaging, and insulation.

Plastic bottles and rigid plastic containers made of polystyrene must be labeled pursuant to state and federal standards. Rigid plastic containers are formed or molded containers intended for single use, composed predominantly of plastic resin, and have a relatively inflexible shape with a capacity of eight ounces or more but less than five gallons.

A number of local governments in Washington have adopted ordinances addressing polystyrene foam products.

Compostable Products.

Under a state law enacted in 2019, materials labeled as compostable must meet certain standards, including that they must be comprised of only wood or fiber-based substrate, or must meet the American Society of Testing and Materials (ASTM) standards for products designed to be composted in municipal facilities.

Summary of Bill:

Beginning June 1, 2023, the sale or distribution of certain expanded polystyrene products in or into the state is prohibited.

This restriction covers:

The restriction does not cover:

Expanded polystyrene is defined as blown polystyrene and expanded and extruded foams that are made of thermoplastic petrochemical materials which utilize a styrene monomer. Expanded polystyrene can be processed by various techniques including fusion of polymer spheres, injection molding, foam molding, and extrusion-blow molding.

Beginning June 1, 2023, any void filling packaging products that are sold or distributed in the state must be compostable.

A manufacturer who sells or distributes restricted polystyrene products in or into the state is subject to a civil penalty of $250 or less for each violation if it is the manufacturer's first offense. For subsequent offenses, the manufacturer is subject to a civil penalty of $1,000 or less. These civil violations are appealable to the Pollution Control Hearings Board, and penalties are deposited in the Model Toxics Control Operating Account.

A manufacturer includes a person, business, organization, or governmental entity that:

The Department of Ecology (Ecology) may adopt rules to implement these prohibitions. Ecology must:

City, town, county, or municipal corporations are preempted from enacting ordinances on or after June 1, 2020, that restrict products covered by the restrictions on expanded polystyrene products in state law.

Appropriation: Available.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.