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 postconsumer recycled content (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 1 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):
Fifteen categories of container or product types are exempted from PCRC 2.0 product requirements, including packaging in direct contact with certain foods, beverages, and medicines; 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 Products and PCRC 2.0 Products.
The producer of a PCRC 1.0 product 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 products 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. The PCRC must be used in products in the designated category of PCRC products, and producers may not count material used in one product category towards compliance with another product category or use credit trading programs towards compliance. 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 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 sourced from recycling programs in North America 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.
As compared to the original House bill, the substitute bill makes the following changes:
(In support) Under the 2025 Recycling Reform Act, thousands of tons of postconsumer plastic material will be getting collected for recycling. Requiring postconsumer recycled content (PCRC) to be included in plastic products will ensure that there is a market for collected plastics. This proposal adds new plastic product categories to the existing laws that require PCRC content in products. It also improves the existing law by filling in reporting gaps to ensure trust and transparency around recycling systems.
In the current market, demand for recycled plastics is falling, due to overproduction of cheap virgin plastic. Without plastic recyclers to buy their materials, local government recycling collection services cannot pencil out. Adding PCRC requirements to products is the most cost-effective way to support recycling systems and jurisdictions that have adopted PCRC requirements have seen plastic recycling demand increase and markets stabilize. Companies making plastic products and packaging should source their plastic materials from responsible markets. The new products targeted for PCRC requirements in this proposal are products for which it is feasible to include PCRC.
(Opposed) The 2025 Recycling Reform Act requires the Producer Responsibility Organization to set PCRC targets, which the requirements in this proposal may conflict with or will be duplicative of. Expanding PCRC Program oversight will divert Ecology's administrative resources from implementing the 2025 Recycling Reform Act. This bill unfairly singles out plastic wrap used for paper towels and toilet paper for new PCRC requirements, but not other forms of plastic wrap. The proposed exclusion of chemical outputs from recycling will limit how much used plastic can be viably recycled.
(Other) Third party verification requirements for PCRC products could be logistically complex. Retailers should not be defined as producers. Exemptions from PCRC requirements should be similar to the exemptions granted in the 2025 Recycling Reform Act, including for FDA-regulated products like nonprescription drugs, medical devices, and supplements.
(In support) Representative Liz Berry, prime sponsor; Vicki Christophersen, WRRA; Allison Kustic, Association of Plastic Recyclers (APR); and McKenna Morrigan, Seattle Public Utilities.
Dylan de Thomas, The Recycling Partnership; Dan Felton, Flexible Packaging Association (FPA); Jamie Logan, American Cleaning Institute (ACI); Christopher Finarelli, The Household and Commercial Products Association; Edwin Borbon, AMERIPEN; Darbi Gottlieb, AdvaMed; Peter Lyon, Washington Department of Ecology, Solid Waste Management Program; and Heather Trim, Zero Waste Washington.