Updated: Washington legislature passes EPR bill

After passing in the Washington House of Representatives on April 14 with amendments, the extended producer responsibility bill known as the Recycling Reform Act, or S.B. 5284, passed in the state’s Senate on April 23. Washington joins Maine, Oregon, California, Colorado, Maryland and Minnesota in passing EPR legislation.

The Recycling Reform Act, if signed by the governor, would create a producer responsibility organization (PRO) that requires manufacturers and consumer brands to reduce unnecessary packaging, fund statewide collection services and ensure materials put in curbside bins are recycled. Under the legislation, packaging producers would be responsible for much of the costs of collecting recyclables, and residents will see a 90 percent reduction in their household recycling bills by 2032. 

A PRO is responsible for paying fees to Department of Ecology; establishing the producer fee schedule; submitting the program plan to Ecology; program implementation; and reporting, compliance, accounting and other functions associated with program administration.

Ecology, which would oversee the program, estimates the bill would expand recycling services to an additional 500,000 homes in Washington, most notably in rural areas and multifamily residences, and increase the recycling rate from 40 percent to 66 percent. Currently, only 58 percent of jurisdictions in Washington provide access to curbside recycling, and 11 counties have no curbside recycling at all, resulting in more than half of all paper and packaging ending up in landfills.

The bill defines packaging as including various materials, such as single-use items used in food or beverage consumption. Fourteen categories of materials are exempted from the bill, including packaging for bulk construction materials, medical devices, drugs, hazardous materials, products distributed only to commercial or business entities or packaging that meets specified recycling rates and other criteria.

Implementation timeline

By Jan. 1 of next year, producers of packaging and paper products would have to appoint a producer responsibility organization (PRO). By March 1, 2026, the producers and PROs would need to register with Ecology. “During the first plan period, Ecology may not allow registration of more than one PRO, other than individual producers registering as PROs,” the bill states. “By July 1, 2026, producers must be a member of a PRO or register as a PRO that will implement an individual plan. Beginning March 1, 2029, a producer not registered with a PRO or acting as an independent PRO may not introduce covered PPP into this state.”

By the end of 2026, Ecology must complete a preliminary needs assessment that identifies the covered materials and material types and the tons collected; characteristics of current recycling and composting services; evaluation of recycling and solid waste services local governments are delivering; processing capacity at material recovery facilities; and other collection, processing, servicing and commodity market information. The assessment must be made available to local governments for comment. By December 21, 2027, and every five years thereafter, the department must complete a needs assessment that evaluates specified outcomes from waste reduction, refill, reuse, recycling and composting programs.

The bill also would establish an advisory council to review all activities conducted by the PROs and to advise Ecology and PROs on program implementation. Ecology would appoint advisory council members, which would include 17 voting members.

When it comes to infrastructure investments, a PRO would have to use a competitive bidding process and publicly post bid opportunities, according to the bill, with preference to be given to existing facilities and providers of services in the state.

“Producers and PROs may not own any portion of infrastructure used to fulfill covered PPP obligations, other than ownership stakes that predate 2025, or if a bidding process does not result in any service provider bidding on a contract,” the bill reads. “A PRO may own or partially own infrastructure as needed to fulfill an individual or alternative collection program.”

Supporters and detractors

“The passage of this bill represents a historic step forward for our state to a cleaner, more accessible and more sustainable recycling system,” says Sen. Liz Lovelett (D-Anacortes), the bill’s primary sponsor. She adds that the bill’s passage will “reduce pollution, improve recycling rates and divert materials away from landfills.”

“Thank you to Sen. Lovelett for being a great partner in getting this policy moved forward,” says Rep. Liz Berry (D-Seattle), the sponsor of companion legislation the House. “I am excited that Washington will have a better recycling system that holds producers responsible and gives all communities access to recycling.”

Among the organizations testifying in support of the bill were the Washington Beverage Association, Ameripen, the Association of Plastic Recyclers, The Recycling Partnership, Coalition of High Performance Recycling, Seattle Public Utilities and Glass Packaging Institute.

The Product Stewardship Institute, Boston, has voiced its support of the bill, saying, “PSI has long championed this type of system change and has supported state and local governments in developing and implementing EPR policies for over two decades.”

The organization adds that it “applauds the leadership of state lawmakers, agency officials and environmental partners in advancing this law and stands ready to support effective implementation in Washington and other states as momentum for packaging EPR continues to grow nationwide.”

PSI says it supports key elements of the law that reflect long-standing best practices in EPR policy design, such as the creation of a PRO to implement the program with the oversight of the Department of Ecology; establishing a statewide list of recyclable materials; reimbursing local governments and service providers for their costs; requirements for public education, transparent reporting and collaboration with local governments; and performance targets for waste prevention, postconsumer recycled content, reuse, composting and recycling. 

The National Stewardship Action Council (NSAC), West Sacramento, California, also supports the passage of H.B. 1150/S.B. 5284, saying, “This bold step advances a circular economy that works for people, the planet and the free market. By requiring producers to take financial and operational responsibility for the packaging they place on the market, Washington is positioning itself as a national leader in responsible materials management.”

The organization notes that the bill would improve support for Washington’s recycling workforce, with incentives for fairer pay and safer working conditions for thousands of workers.

“NSAC commends the legislature for recognizing that true producer responsibility means closing the recycling access gap, delivering clear and consistent public education and honoring the essential workers who power our recycling system.”

Ameripen, the Springfield, Maryland-based association that represents the North American packaging value chain, says it commends Washington state Rep. Berry and Sen. Lovelett for their leadership and collaborative efforest to advance this legislation in partnership with a diverse coalition.

“As a state already committed to environmental responsibility and recycling, it is encouraging that Washington is taking these steps to secure a more sustainable future,” says Rob Keith, membership and policy director at Ameripen. “This legislation supports a recycling program that is reliable, efficient and effective, enabling producer fees to directly fund initiatives that will increase recycling and promote a more circular economy in the state.”

Those testifying against the bill included Basin Disposal and Consolidated Disposal Services Inc., Washington Refuse and Recycling Association, Sunshine Disposal & Recycling, WM, Sanitary Service Co., Republic Services, the Consumer Brands Association and Waste Connections.

Recycling Today Media Group has reached out to get comments from various organizations regarding their thoughts on the bill. 

*This story was updated April 29 to add comments from bill supporters.