Dive Brief:

• A bill establishing an extended producer responsibility program for packaging in Washington is on the way to Gov. Bob Ferguson’s desk for signature.
• The Recycling Reform Act would create an EPR program for most kinds of paper and packaging. It would also establish a statewide recycling collection list, provide curbside recycling for all homes that already have curbside trash service, establish an advisory panel and conduct a statewide recycling needs assessment.
• Producers would ultimately reimburse waste service providers 90% of recycling system costs, and that funding could be used for investment in system improvements, according to the bill. A producer responsibility organization would develop, implement and finance the program, and the Washington State Department of Ecology would oversee it.

Dive Insight:

Washington’s legislature approved the bill just weeks after Maryland sent its own EPR for packaging bill to the governor, a sign that such policies continue to gain steam across the country.

Washington isn’t new to the EPR game: It already has six EPR or product stewardship programs for electronics, light bulbs that contain mercury, solar panels, pharmaceuticals, paint and batteries. Washington advocates have been attempting to pass packaging EPR bills for several years.

The bill’s sponsors, state Sen. Liz Lovelett and Rep. Liz Berry, said EPR for packaging would help improve recycling rates and divert more material from landfills. The bill received support from groups such as Zero Waste Washington, which called it their top-priority bill as well as the Northwest Product Stewardship Council and the Association of Plastic Recyclers, among other groups.

Lovelett said in a statement that the passage of the Recycling Reform Act “represents a historic step forward for our state to a cleaner, more accessible, and more sustainable recycling system.” 

Lovelett and Berry said their legislation would increase access to recycling across the state. Only 58% of jurisdictions in Washington provide access to curbside recycling, and there are 11 counties in the state with no curbside recycling, they said in a statement.

Yet haulers like WM, Republic and Waste Connections, as well as the Washington Refuse and Recycling Association, have opposed the bill. These groups have historically opposed similar EPR bills in the state. In an interview with the Everett Post, WRRA Executive Director Brad Lovaas said the bill will enact an “unproven” program that would be costly for residents. 

Instead, they threw their support behind HB 1071, which did not call for establishing packaging EPR but would have prompted a statewide needs assessment the groups said would offer more insight and data on the state’s recycling systems before moving forward with any overhauls. That bill did not move forward. 

Producers would be required to join a producer responsibility organization by July 1, 2026. The PRO would need to submit a plan to Ecology for approval by Oct. 1, 2028, according to the bill.

The bill also calls for Ecology to conduct and submit a statewide needs assessment by Dec. 31, 2026, and update it with any new data by Dec. 31, 2027.

According to the bill, reimbursements for recycling service providers would be phased in over time: 50% by 2030, 75% by 2031, 90% by 2032. Service providers seeking reimbursement for services must register with Ecology, including MRFs. MRF operators receiving covered materials would need to annually report data such as volumes and quality of the material. Starting in 2028, MRFs that manage more than 25,000 tons of covered products a year would need to ensure they pay workers a “minimum industry standard compensation.”

Additional bill supporters include The Recycling Partnership, the Washington Beverage Association and Ameripen, which testified in support earlier this year. 

Other groups that opposed the bill include the Consumer Brands Association, Consolidated Disposal Service, Sunshine Disposal & Recycling, Washington Food Industry Association and the Washington Hospitality Association.

If Ferguson signs the Recycling Reform Act, EPR for packaging would be fully implemented in Washington by 2030. He has 30 days to sign the bill after it’s delivered to him.