Producers of three categories of plastic products or products in plastic containers (PCRC 1.0 products) must meet minimum postconsumer recycled content requirements:
Producers subject to minimum PCRC requirements are required to register with the Department of Ecology (Ecology) and pay fees to cover Ecology's administrative costs related to minimum recycled content standards. Unique minimum PCRC rates and timelines over which the minimum recycled content rates increase apply to:
The producer of a PCRC 1.0 product is specified to be, in descending order of responsibility, the product's manufacturer if manufactured by the brand owner, the product's brand or trademark licensee, or else the person who imports or distributes the PCRC 1.0 product.
De minimis producers that annually sell less than one ton of a single category of PCRC 1.0 product or $1 million of a single category of PCRC 1.0 product are not required to meet minimum PCRC requirements.
Beginning in 2025, Ecology may annually review and determine whether to adjust minimum PCRC requirements for the following year. Ecology may do so for a type of container within a category of covered products after considering market conditions, recycling rates, and other specified factors. Manufacturers of PCRC 1.0 products who do not achieve the PCRC requirements are subject to penalties. Penalties are calculated based upon the amounts in pounds in aggregate of virgin plastic, PCRC plastic, and other plastic used by manufacturers to produce covered containers, at a rate of 20 cents per pound of plastic below the amount of PCRC plastic needed to achieve minimum PCRC requirements. Ecology must calculate and collect fee payments to cover Ecology's PCRC program administration costs by producers of PCRC 1.0 products after preparing an annual workload analysis.
Under the 2025 Recycling Reform Act, producers of covered packaging and paper products (covered products) must, through a producer responsibility organization (PRO), implement a program that addresses the end-of-life management of covered products. Among other requirements under this law, each PRO must propose performance metrics that include targets for PCRC, and Ecology must additionally establish statewide requirements for PCRC in covered products for PROs to meet.
PCRC 2.0 Products.
New minimum PCRC requirements are established for the following products (PCRC 2.0 products):
A pound of polyethylene terephthalate resin purchased from a source in North America for use in a PCRC 2.0 product must receive 1.5 pounds worth of credit towards minimum PCRC requirements.
Thirteen categories of container or product types are exempted from PCRC 2.0 requirements, including packaging in direct contact with prescription human drugs, foods, or beverages or with animal medicines, foods, or beverages, packaging for infant formula, medical food, and oral nutritional supplements, packaging for hazardous or flammable products, and compostable packaging.
Requirements for PCRC 1.0 Products.
A variety of changes are made to PCRC requirements for PCRC 1.0 products, including that:
Provisions Applicable to Both PCRC 1.0 and PCRC 2.0 Products.
The producer of a PCRC 1.0 or PCRC 2.0 product is specified to be: the manufacturer, brand or trademark owner or licensee, brand owner, importer into the United States, or distributor into the state, in descending order of responsibility.
De minimis producers that have an inflation-adjusted annual global gross revenue of $5 million are not subject to PCRC requirements for PCRC 1.0 or PCRC 2.0 products, but must register and report to Ecology in the same manner as other producers.
Ecology must calculate and collect fee payments from producers of PCRC 2.0 products in the same manner as for PCRC 1.0 products.
Producers of PCRC 2.0 products must report to Ecology on the amounts of virgin plastic and PCRC content in PCRC products during the preceding calendar year, in the same manner as PCRC 1.0 products. Beginning in 2030, producers of PCRC products must include third-party certification of PCRC content as part of their annual reports to and registration with Ecology. Third-party certification must include documentation that the calculation of PCRC content does not include credits from conversion of plastic into chemicals, fuel, or energy. Ecology may require producers to use acceptable and certified methods by reputable organizations to ensure compliance with PCRC requirements. Ecology must post information reported by producers on its internet website unless Ecology determines it to be confidential pursuant to a request by a producer.
The penalty for a failure to achieve PCRC requirements is increased from 20 cents per pound of PCRC content to 40 cents per pound of plastic below the amount of PCRC plastic needed to achieve minimum PCRC requirements. Ecology must waive any penalties for failure to achieve PCRC requirements that total less than $100.
Other Provisions.
Every 10 years, beginning in 2037, Ecology must conduct a market study to evaluate PCRC requirements and identify opportunities for PCRC rate adjustments, the supply of plastic materials, and expanded product categories. Every five years, beginning in 2033, Ecology must prepare a report to the appropriate committees of the Legislature and the Governor assessing implementation of PCRC requirements.
The requirement that Ecology contract, subject to appropriation, for a third-party analysis of plastic resin markets is delayed from 2028 until 2032.
Beginning in 2029, the Department of Enterprise Services must establish a specification process for maximizing PCRC content within plastic products purchased. Beginning in 2030, state agencies may only purchase the PCRC products of producers that meet PCRC requirements, to the extent practicable.