Plastic Packaging. In 2019, the Legislature directed the Department of Ecology (Ecology) to evaluate and assess the amount and types of plastic packaging sold into the state, as well as, its management and disposal. The report, required to be produced by October 31, 2020, was required to assess the:
The report was also required to include recommendations to meet the following goals of reducing plastic packaging through industry lead or product stewardship:
The report was further required to include options to meet plastic packaging reduction goals capable of being established and implemented by January 1, 2022.
Published in December 2020, the report includes ten policy recommendations, organized into four categories:
In 2020, the Legislature established minimum post-consumer recycled content requirements for plastic beverage containers sold, offered for sale, or distributed in Washington, but the bill was vetoed by the Governor due to COVID-19 budgetary concerns.
Other Jurisdictions. On August 30, 2020, California approved legislation establishing minimum recycled content requirements for plastic beverage containers. That legislation requires all plastic bottles covered by the state's container redemption program average at least 15 percent post-consumer resin starting in 2022. The recycled mandate increases to 25 percent in 2025 and 50 percent in 2030.
In 2019, the European Union approved a single-use plastics law banning single-use plastic plates, cutlery, straws, balloon sticks, and cotton swabs by 2021. It sets a 90 percent collection target for plastic bottles by 2029, and mandates that plastic bottles be made of at least 25 percent recycled plastic by 2025, and 30 percent by 2030.
Expanded Polystyrene. Expanded polystyrene (EPS) foam, also known as Styrofoam in the United States and Canada, is a lightweight material often used for single-use food containers and packaging materials.
Throughout the United States, there are a number of states, cities, and counties that have adopted laws and ordinances banning food service ware made from EPS foam, including cities in Washington.
Plastic Food Service Products. A number of municipalities in Washington have adopted ordinances addressing certain plastic products used in the provision or consumption of food, including plastic utensils, straws, and containers.
The bill as referred to committee not considered.
Minimum Recycled Content. A beverage manufacturer that sells, offers for sale, or distributes plastic beverage containers in or into Washington must meet the following annual minimum post-consumer recycled plastic content on average for the total quantity of plastic beverage containers that are sold, offered for sale, or distributed in Washington effective:
"Beverage" includes the following, intended for human or animal consumption, and in a quantity more than or equal to two fluid ounces and less than or equal to one gallon:
"Plastic beverage container" means a bottle or other rigid container—capable of maintaining its shape when empty—comprised of one or more multiple plastic resins and containing a beverage. Plastic beverage containers do not include:
A city, town, county, or municipal corporation may not implement local recycled content requirements for plastic beverage containers that are subject to minimum post-consumer recycled content as required under the act.
Beginning January 1, 2025, Ecology may, on an annual basis, review and determine whether to adjust the minimum post-consumer recycled content percentage. Review may be initiated by Ecology or at the petition of the beverage manufacturing industry. Ecology may not adjust the minimum content requirements above the established minimum rates.
In making a determination, Ecology must consider, at minimum, all of the following factors:
On or before April 1, 2022, and annually thereafter, beverage manufacturers must register with Ecology individually or through a third party representative registering on behalf of a group of manufacturers.
After January 1, 2023, manufacturers not registered individually or through a third party may not sell or supply plastic beverage containers in Washington State.
Ecology must determine an annual payment by beverage manufacturers or their third party representative that is adequate to cover, but not exceed, Ecology's full costs to implement, administer, and enforce minimum recycled content provisions in the next fiscal year, including rulemaking.
Beginning April 1, 2024, beverage manufacturers, individually or through a third party representing a group of manufacturers, must provide an annual report that includes the amount of virgin plastic and the amount of post-consumer recycled content by resin type used for plastic beverage containers sold, offered for sale, or distributed into Washington State, including the total post-consumer recycled resins as a percentage of total weight. The report must be submitted under penalty of perjury and in a format and manner prescribed by Ecology.
A beverage container manufacturer that submits information or records to Ecology may request that the information or records be made available only for the confidential use of Ecology. Ecology must give consideration to the request and if this action is not detrimental to the public interest and is otherwise in accordance with its policies and purposes, Ecology must grant the request for information to remain confidential.
Beginning January 1, 2023, a beverage manufacturer that does not meet the minimum content requirements is subject to an annual administrative fee.
Beginning March 1, 2024, and annually thereafter, Ecology must invoice assessed fees for the previous calendar year based on the minimum content requirement of the previous calendar year. Ecology calculates the fee based upon the amounts in pounds in the aggregate of virgin plastic, post-consumer recycled plastic, and any other plastic used by the beverage manufacturer to produce beverage containers sold or offered for sale in the state, in accordance with the following:
Ecology must consider granting a reduction of fees based on consideration of the following factors:
In lieu of or in addition to assessing a fee, Ecology may require a beverage manufacturer to submit a corrective action plan detailing how the manufacturer plans to come into compliance with the act.
Fees may be appealed to the Pollution Control Hearings Board.
Fee expenditures go towards funding the Recycling Development Center for the purpose of furthering the development of recycling infrastructure in the state.
If funding is provided by appropriation before January 1, 2028, Ecology must contract with a research university or an independent third party consultant to study the polyethylene terephthalate (PET) and high-density polyethylene markets for all of the following:
Expanded Polystyrene Ban. Beginning June 1, 2023, the sale and distribution of the following EPS products in or into the state is prohibited:
A manufacturer of products in violation of the prohibition is subject to a civil penalty for each violation in an amount not to exceed:
Ecology must issue at least two notices of violation prior to assessing a penalty.
Penalties are deposited in the Model Toxics Control Operating account. Penalties are appealable to the Pollution Control Hearings Board.
Manufacturer includes any person, firm association, partnership, corporation, governmental entity, organization, or joint venture that:
A city, town, county, or municipal corporation may not implement a local ordinance restricting EPS products prohibited under the restrictions unless the ordinance was filed by April 1, 2021, and enacted by June 1, 2021.
Single-use Food Service Products. Beginning January 1, 2022:
A food service business may provide beverage cup lids without request for:
A food service business is not prohibited from making utensils, straws, condiments, and beverage cup lids available to customers using cylinders, bins, dispensers, containers, or other means of allowing for single-use utensils, straws, condiments, and beverage cup lids to be obtained at the affirmative volition of the customer.
Utensils provided by a food service business for use by customers may not be bundled or packaged in plastic in such a way that a customer is unable to take only the type of single-use utensil or utensils desired without also taking a different type or types of utensil.
Ecology may issue a civil penalty of no less than $150 per day and no more than $2,000 per day to the owner or operator of a food service business for each day single-use food service products are provided in violation of the provisions.
Ecology must issue at least two notices of violation prior to assessing a penalty. Penalties are deposited in the Model Toxics Control Operating account.
A food service business may appeal penalties to the Pollution Control Hearings Board.
Beginning July 1, 2021, a city, town, county, or municipal corporation may not enact an ordinance to reduce pollution from single-use food service products by requiring a request of single-use food service products by the customer of the food service business or other retail establishment.