BySenators Braun, Christian, Dozier, Gildon, Riccelli, Wagoner, Warnick, and J. Wilson

Prefiled 01/08/26.Read first time 01/12/26.Referred to Committee on Environment, Energy & Technology.

AN ACT Relating to repealing restrictions and fees on plastic carryout bags; amending RCW 70A.530.020; reenacting and amending RCW 70A.530.010; and creating a new section.

NEW SECTION. Sec. 1. (1) The legislature finds that chapter 70A.530 RCW was passed with the intent to reduce plastic waste and litter. A study completed by Washington State University pursuant to RCW 70A.530.060 examined the effects of chapter 70A.530 RCW passed in 2020. The Washington State University researchers came to the following conclusions:

(a) While the number of plastic carryout bags used in Washington decreased by 50 percent, the overall use of plastic by weight increased by 17 percent;

(b) The pass-through fee collected by retailers for providing carryout bags to customers is not sufficient to cover the costs of thicker plastic bags; and

(c) Consumers are not reusing reusable carryout bags at a rate high enough to justify the increased costs of thicker plastic bags, both financial and environmental.

(2) It is the intent of the legislature to implement the recommendations given by the Washington State University research team by:

(a) Removing the requirement for retailers to provide "reusable carryout bags," meaning retailers will be allowed to offer plastic carryout bags less than 2.25 mils to customers; and

(b) Maintaining the requirement for carryout bags, including plastic bags to contain at least 40 percent postconsumer recycled content that is currently imposed on retailers.

Sec. 2. RCW 70A.530.010 and 2021 c 33 s 1 are each reenacted and amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Carryout bag" means any bag that is provided by a retail establishment at home delivery, the check stand, cash register, point of sale, or other point of departure to a customer for use to transport or carry away purchases.

(2) "Compliant paper carryout bag" means a paper carryout bag provided by a retail establishment to a customer that meets the requirements in RCW 70A.530.020(((6)))(5)(a).

(4) "Nonwood renewable fiber" means plant-based fiber derived from wheat straw grown in North America.

(5) "Pass-through charge" means a charge to be collected and retained by retail establishments from their customers when providing compliant paper carryout bags and ((reusable)) carryout bags made of film plastic.

(6) "Retail establishment" means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides food, merchandise, goods, or materials directly to a customer including home delivery, temporary stores, or vendors at farmers markets, street fairs, and festivals.

(7) (("Reusable carryout bag" means a carryout bag made of cloth or other durable material with handles that is specifically designed and manufactured for long-term multiple reuse and meets the requirements of RCW 70A.530.020(6)(b).

(8))) "Single-use plastic carryout bag" means any carryout bag that is made from plastic that is designed and suitable only to be used once and disposed.

(1) ((Beginning January 1, 2021, except as provided in this section and RCW 70A.530.030, a))A retail establishment may not provide to a customer or a person at an event((:

(b) A))a paper carryout bag that does not meet the requirements of subsection (((6)))(5)(a) of this section or a ((reusable)) carryout bag made of film plastic that does not meet recycled content requirements((; or

(c) Beginning January 1, 2028, a reusable carryout bag made of film plastic with a thickness of less than four mils, in the event that the 2026 legislature does not amend this section to reflect the recommendations to the legislature made consistent with RCW 70A.530.060)).

(2)(a) A retail establishment may provide a ((reusable)) carryout bag ((or a compliant paper carryout bag)) of any size to a customer at the point of sale. ((A retail establishment may make reusable carryout bags available to customers through sale))If the carryout bag is made of paper, it must meet the requirements for compliant paper carryout bags provided in subsection (5) of this section.

(b)(((i) Until December 31, 2025, a))A retail establishment must collect a pass-through charge of eight cents for every ((compliant paper carryout bag with a manufacturer's stated capacity of one-eighth barrel (eight hundred eighty-two cubic inches) or greater or reusable carryout bag made of film plastic it provides))carryout bag, except as provided in ((subsection (5) of this section and)) RCW 70A.530.030.

(((ii) Beginning January 1, 2026, a retail establishment must collect a pass-through charge of twelve cents for reusable carryout bags made of film plastic and eight cents for compliant paper carryout bags.

(iii) Until December 31, 2027, a retail establishment that offers for sale a reusable carryout bag made of film plastic with a thickness equal to or greater than four mils shall collect, in addition to the 12 cent pass-through charge, a four cent penalty. The penalty shall be deposited in the waste reduction, recycling, and litter control account under RCW 70A.200.140.))

(c) A retail establishment must keep all revenue from pass-through charges((, not including the penalty provided under (b)(iii) of this subsection)). The pass-through charge is a taxable retail sale. A retail establishment must show all pass-through charges and penalties on a receipt provided to the customer.

(i) Package bulk items, such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items such as nails, bolts, or screws;

(ii) Contain or wrap items where dampness or sanitation might be a problem including, but not limited to:

(v) Protect a purchased item from damaging or contaminating other purchased items when placed in a ((compliant paper carryout bag or reusable)) carryout bag; or

(b) Newspaper bags, mailing pouches, sealed envelopes, door hanger bags, laundry/dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, or pet waste.

(4)(a) Any compostable film bag that a retail establishment provides to customers for products, including for products bagged in stores prior to checkout, must meet the requirements for compostable products and film bags in chapter 70A.455 RCW.

(b) A retail establishment may not use or provide polyethylene or other noncompostable plastic bags for bagging of customer products in stores, as carryout bags, or for home delivery that do not meet the requirements for noncompostable products and film bags in chapter 70A.455 RCW.

(5) ((Except as provided by local regulations enacted as of April 1, 2020, a retail establishment may provide a bag restricted under subsection (1) of this section from existing inventory until one year after June 11, 2020. The retail establishment, upon request by the department, must provide purchase invoices, distribution receipts, or other information documenting that the bag was acquired prior to June 11, 2020.

(i) Contain a minimum of ((forty))40 percent postconsumer recycled materials, a minimum of 40 percent nonwood renewable fiber, or a combination of postconsumer recycled materials and nonwood renewable fiber that totals at least 40 percent;

(ii) Be capable of composting, consistent with the timeline and specifications of the entire American society of testing materials D6868 and associated test methods that must be met, as it existed as of January 1, 2020; and

(iii) Display in print on the exterior of the paper bag the minimum percentage of postconsumer content, wheat straw fiber content, or both.

(i) Have a minimum lifetime of one hundred twenty-five uses, which for purposes of this subsection means the capacity to carry a minimum of twenty-two pounds one hundred twenty-five times over a distance of at least one hundred seventy-five feet;

(ii) Be machine washable or made from a durable material that may be cleaned or disinfected; and

(((A)))(i) Be made from a minimum of ((twenty))20 percent postconsumer recycled content until July 1, 2022, and thereafter must be made from a minimum of ((forty))40 percent postconsumer recycled content; and

(((B)))(ii) Display in print on the exterior of the plastic bag the minimum percentage of postconsumer recycled content((, the mil thickness, and that the bag is reusable; and

(C) Have a minimum thickness of no less than 2.25 mils until December 31, 2027, and beginning January 1, 2028, must have a minimum thickness of four mils)).

(c) Except for the purposes of subsection (4) of this section, food banks and other food assistance programs are not retail establishments, but are encouraged to take actions to reduce the use of single-use plastic carryout bags.