Under the state's solid waste management laws, local governments are the primary government entity responsible for implementing state solid waste management requirements. The Department of Ecology (Ecology) also has certain roles in overseeing the administration of solid waste management laws. Ecology is responsible for working cooperatively with local governments as they develop their local solid waste management plans. County and city solid waste management plans are required to contain certain elements, including a waste reduction and recycling element.
Under state laws addressing the local planning and management of solid waste, a waste management hierarchy is established for the collection, handling, and management of solid waste. This hierarchy prioritizes in descending order: (1) waste reduction; (2) recycling, with source separation of recyclable materials as the preferred method; (3) energy recovery, incineration, or landfill of separated waste; and (4) energy recovery, incineration, or landfill of mixed municipal solid wastes.
The Legislature has enacted laws that require the establishment of extended producer responsibility or product stewardship (EPR) programs for the management of seven types of products: (1) electronic products; (2) light bulbs that contain mercury; (3) photovoltaic solar panels; (4) pharmaceuticals; (5) paint; (6) batteries; and (7) packaging and paper products. In general, the state's EPR programs require producers to participate in a stewardship organization or program that is responsible for the collection, transport, and end-of-life management of products covered by each program. Ecology is responsible for the oversight of the state's EPR programs, with the exception of the Pharmaceutical Stewardship Program, which is overseen by the Department of Health.
By January 31, 2027, producers of textiles and apparel (covered textile products) must join a textile and apparel coordinating organization (TACO) that registers on behalf of the producers with the Department of Ecology (Ecology), or must register independently with Ecology. If applications for more than one TACO are submitted to Ecology, Ecology must determine and register the proposed TACO that can most effectively implement the requirements of a TACO.
By March 15, 2027, Ecology must approve a TACO that meets enumerated requirements, including having a governing board of specified composition, and financial responsibility and financial controls. By June 1, 2027, each producer must be a member of a registered TACO. By June 15, 2027, each TACO must provide Ecology a list of brands of covered textile products of each member producer.
The TACO must prepare and cover the costs of a needs assessment for covered textile products, in consultation with Ecology. The needs assessment must be designed to determine the necessary steps and investment for successful implementation of a future extended producer responsibility (EPR) program for covered textile products, and be based on specified assumptions, including:
The needs assessment must:
A TACO may ask Ecology for approval to do multiple needs assessments specific to different covered textile products, or may prepare a single comprehensive needs assessment. A TACO may select an independent third-party contractor to complete the needs assessment. Ecology must support and provide technical input on needs assessment development. The needs assessment may be developed in conjunction with, or use information from, similar EPR evaluative processes in other jurisdictions.
The needs assessment must be submitted to Ecology by March 1, 2028. Ecology must review and approve, conditionally approve, or disapprove of submitted needs assessments within 90 days of submission. In the event of disapproval, a TACO must resubmit the needs assessment within 60 days.
Ecology must submit the needs assessment, together with recommendations based on the needs assessment, to the appropriate committees of the Legislature by September 15, 2028. Ecology's recommendations should include proposed deviations from the established definitions, including the scope of "producers" and "covered textile products" to be addressed in an EPR program, and whether to allow multiple producer responsibility organizations to implement a future EPR program.
Ecology must establish and appoint the membership of a Textile and Apparel Advisory Council (advisory council) by January 31, 2027. Membership must consist of members representing a total of 16 specified types of interests, including nonvoting members representing Ecology and each TACO. The advisory council must review activities conducted by the TACO and advise the TACO and Ecology.
Ecology may adopt rules to implement, administer, and enforce TACO-related requirements. Ecology may impose civil penalties of up to $1,000 per day to persons for violations of registration or needs assessment requirements for initial violations, or up to $10,000 for second and subsequent violations. Ecology must issue at least one written notification of a violation prior to imposing penalties. Ecology may also impose penalties of up to $10,000 per violation per day to TACOs for initial violations, or up to $50,000 for second and subsequent violations. Penalties are appealable to the Pollution Control Hearings Board, and collected penalties are deposited in the Model Toxics Control Operating Account.
A TACO must establish a method of fully funding its activities that equitably distributes costs among participating producers. Each TACO must pay fees to Ecology to cover its costs to implement and enforce requirements, including an initial annual payment to cover cost through June 30, 2028, and a second payment due on May 31, 2028, to cover Ecology's costs for the coming fiscal year.
Individual producer financial or sales data reported to Ecology is exempt from disclosure under the Public Records Act. A TACO, producer, or other entity that submits information to Ecology may also request that it be exempt from public disclosure using Ecology's established practices for the management of confidential business information.
By June 30, 2027, online marketplaces must notify Ecology and the TACO of all third-party sellers with sales of covered textile products over $1 million in calendar year 2026 on their online marketplace.
Producers of covered textile products and TACOs are granted immunity from state antitrust and unfair trade laws for registration and needs assessment related activities. A TACO may not use funds collected for the needs assessment to pay administrative penalties, appeal enforcement actions, fund litigation, or pay for lobbying or advertising.
All requirements related to the TACOs expire on July 1, 2030.
Substitute House Bill 1420 makes the following changes to the original bill:
(In support) Dozens of organizations met regularly after the last legislative session for discussions on how to improve the proposal to establish a textile and apparel producer responsibility program. This is a big and complex policy proposal, with many nuances and competing interests to consider. Global clothing sales have been increasing, while the number of times clothes are worn has decreased, and most end up in the landfill or exported to other countries. Clothes are a growing portion of local government solid waste streams.
Product innovation is stifled because it is easy to consume more clothes, and we have not built a circular economy. Even thrift shops are becoming overwhelmed by the volume of used clothing they receive. Textiles are primarily composed of plastics and contribute to microplastic pollution of oceans. Clothes also contain polluting chemicals. An EPR Program will incentivize more sustainable material choices. The apparel industry should take responsibility for the problems caused by their products.
(Opposed) The requirement for large apparel producers to report on global supply chains is infeasible. California only recently enacted their textile program and have not yet fully implemented it. Washington should wait to see how California works through the difficulties they are experiencing in setting up their program before committing to an approach. Retailers should have a role on the board of the producer responsibility organization. A needs assessment should be conducted before a full program is established.
Restaurant uniforms should not be covered textiles, and restaurants should not be regulated as apparel producers. EPR programs may work well in general, but it is important to get the definitions and incentives right, and to not negatively impact aspects of the current system that may be working well. Technologies regulated by the US Food and Drug Administration should be more clearly exempted, such as surgical gowns and medical products.
(Other) Managing clothing solid waste is difficult for counties because it is a material that interrupts recycling and sorting processes. Consumers place clothing in recycling bins because they wish it was recyclable. Ecology supports producer responsibility for textiles, but the proposal contains costs not in the governor's budget. Clothing presents a significant environmental challenge. The Department of Health has completed a health impact review of the proposed EPR Program for apparel and textiles. Hygiene products are not apparel and are correctly excluded from the proposed program, just as they were in California. Existing nonprofit collection locations should be prioritized by the program.
(In support) Representative Kristine Reeves, prime sponsor; McKenna Morrigan, Seattle Public Utilities; Amanda Miller, South King Tool Library; Heather Trim, Zero Waste Washington; and Miguela Marzolf, Seattle Aquarium.
Cameron Curtis, Secondary Materials and Recycled Textiles Assoc.