Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Environment & Energy Committee
HB 2271
Brief Description: Concerning postconsumer recycled content requirements for plastic products.
Sponsors: Representatives Berry, Duerr and Mena.
Brief Summary of Bill
  • Establishes new minimum postconsumer recycled content (PCRC) requirements applicable to specified types of plastic products and plastic packaging. 
  • Amends existing PCRC requirements applicable to plastic trash bags, plastic household and personal care product containers, and plastic beverage containers. 
Hearing Date: 1/15/26
Staff: Jacob Lipson (786-7196).
Background:

Producers of three categories of plastic products or products in plastic containers (PCRC 1.0 products) must meet minimum postconsumer recycled content requirements:

  • trash bags;
  • household and personal care product containers; and
  • plastic beverage containers.

 

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:

  • beverages other than wine in 187 milliliter plastic beverage containers, requiring 15 percent PCRC in 2023, increasing to 50 percent by 2031;
  • wine in 187 milliliter plastic beverage containers and dairy milk, requiring 15 percent PCRC in 2023, increasing to 50 percent by 2036;
  • household cleaning and personal care product containers, requiring 15 percent PCRC in 2023, increasing to 50 percent by 2031; and
  • plastic trash bags requiring 10 percent PCRC in 2023, increasing to 20 percent by 2027.

 

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.

Summary of Bill:

PCRC 2.0 Products.

New minimum PCRC requirements are established for the following products (PCRC 2.0 products):

  • For packaging that is a rigid plastic container, the requirement is 30 percent PCRC for products manufactured after January 1, 2029.  This requirement applies to packaging with a minimum volume of two ounces, is capable of maintaining its shape when empty, is comprised primarily of one or more plastic resins, and is not used in certain direct food contact applications. 
  • For the following rigid plastic products, the requirement is 30 percent PCRC for products manufactured after January 1, 2029:  (a) buckets and pails, (b) household storage and organization containers and lids, (c) waste containers and lids other than roll carts, (d) nursery pots or trays, (e) bulk shipping or storage containers, (f) household cleaning containers, and (g) indoor and outdoor furniture.
  • For roll carts, the requirement is 10 percent PCRC for those manufactured beginning January 1, 2029, and 30 percent PCRC for those manufactured beginning January 1, 2031.
  • For film plastics manufactured beginning January 1, 2029, the requirement is 10 percent PCRC.

 

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:

  • PCRC requirements are specified to apply based on the date when a PCRC 1.0 product is manufactured.
  • Plastic beverage container PCRC requirements are specified to apply only to hermetically sealed or otherwise capped and airtight containers other than cups.
  • The minimum size of personal household cleaning and personal care product containers subject to PCRC requirements is reduced from eight ounces to two ounces.
  • Ecology may adjust the minimum thickness of plastic trash bags to a thickness of less than .7 mils in order to prevent widespread evasion of PCRC requirements through redesign of products to reduce bag thickness.
  • Producers of plastic trash bags must begin labeling the packaging containing the bags with the minimum PCRC content, beginning in 2027.
  • Plastic trash bag producers must submit a third-party certificate of compliance with PCRC requirements to Ecology.
  • A decision by Ecology to adjust the minimum PCRC requirement for a PCRC 1.0 product must take effect twenty-four months after an Ecology determination to adjust the rate, rather than applicable in the year immediately following the decision.
  • Any exclusions from PCRC requirements for household cleaning and personal care products regulated under the federal insecticide, rodenticide and fungicide act (FIFRA) must be granted for a minimum period of four years.

 

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.

Appropriation: None.
Fiscal Note: Requested on January 5, 2026.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.