With little more than a week left until the first cut-off date of session, the Legislature is set to hear a bill that proports to increase recycled content and funding for local government. Unfortunately, the bill would not only fail to accomplish both goals, it would stall momentum for a sustainable solution.

The hauler’s association is the architect of HB 1488. In addition to their Senate bill, SB 5219, they are also proposing a new model that is worse than the original.

Despite claims that the proposal will increase recycled content in plastic packaging, provide local funding, and bring an element of producer responsibility, AWC believes the proposal would:

• Not provide funding to local governments
  The funding is penalty based, meaning penalties would only apply when the recycled content targets are not met. However, the bill is structured in such a way that this would never happen (see next bullet). Therefore, local governments would receive no funding to address the significant costs for recycling collection and outreach that they bear under the current system.
• Not result in increased recycled content for plastic packaging
  The bill is structured with loopholes big enough to drive a recycling truck through. Provided that the Department of Ecology could even determine whether plastic manufacturers were meeting recycling content targets, the bill includes overly broad off-ramps that would enable manufacturers to avoid a penalty.
• Not put the responsibility on those who make packaging choices
  Confusingly, the bill defines “producers” as, well, not producers at all. Rather, it defines them as manufacturers. In extended producer responsibility (EPR) legislation, producers are rightly defined as the brand-owners: those who choose which type of packaging will hold and market their products. Producers make the choice and then order their packaging from plastic manufacturers, who simply fulfill the order. Nevertheless, the proposed bill would put the onus on plastic manufacturers to achieve recycled content standards, though we know it is the producers who drive demand. A case in point: on the national stage, global producers are setting corporate goals for recycled content targets and are coming out in support of EPR laws to help them meet such goals. They recognize the solution is an EPR system. The proposed legislation is not an EPR bill. It will not increase recycled content or address the market crisis for recyclables.

If the above were not enough, HB 1488 also preempts local government from passing any ordinance that would address plastic packaging recycled content.

AWC opposes the bill and instead asks for your support on SB 5022 and its companion, HB 1118.

Date to remember

HB 1488 is scheduled for public hearing in the House Environment & Energy Committee on Thursday, February 11 at 1:30 pm.