Published on Mar 26, 2021

Bill aimed at plastic recycled content mandates continues to move

Contact: Carl Schroeder, Shannon McClelland

The bill hoping to make incremental change towards plastics policy recommendations, including that producers take responsibility for the impacts of their packaging choices, passed out of another committee with more amendments in tow.

The third substitute version of SB 5022 made structural changes to the previous version, tweaked the Department of Ecology’s enforcement role, changed a stakeholder process that will occur over the interim, and thwarted attempts to exempt foam packaging and plastic wine bottles (which some of us didn’t realize existed until now), instead extending the compliance timeline for those product lines. An attempt to exempt plastic bottles and jugs that contain toxic or hazardous products or other products regulated under federal law also failed.

Here is a summary of what the bill now proposes to do:

  • Requires product producers of beverages, household cleaners, and personal care products that come in plastic bottles and jugs, and plastic trash bags to register with Ecology by April 2022 to sell their products in the state.
  • Requires producers to meet entry-level recycled content requirements by certain dates, depending on their product line.
  • Requires producers to report annually to Ecology on the amount and type of plastic used in their product lines.
  • Authorizes Ecology to issue penalties for violations.
  • Directs an agency-led stakeholder process to convene during the 2021 interim to report to the Legislature on recommendations to address mandatory postconsumer recycled content requirements for additional types of plastic packaging.
  • Bans the sale and distribution of foam packing peanuts starting June 1, 2023, and foam coolers and food service products, starting June 1, 2024.
  • Requires food service establishments to only provide single-use food service items, such as straws, lids, utensils, condiment packets, to a customer if the customer confirms a desire to receive such items.
  • Advocacy
  • Environment & natural resources
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