CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5022
Chapter 313, Laws of 2021
67th Legislature
2021 Regular Session
RECYCLING AND WASTE AND LITTER REDUCTION—VARIOUS PROVISIONS
EFFECTIVE DATE: July 25, 2021
Passed by the Senate April 19, 2021 CERTIFICATE
Yeas 31 Nays 18
I, Brad Hendrickson, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is ENGROSSED SECOND
SUBSTITUTE SENATE BILL 5022 as
passed by the Senate and the House
of Representatives on the dates
Passed by the House April 7, 2021 hereon set forth.
Yeas 73 Nays 24
BRAD HENDRICKSON
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved May 17, 2021 10:38 AM FILED
May 18, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE SENATE BILL 5022
AS AMENDED BY THE HOUSE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By Senate Ways & Means (originally sponsored by Senators Das, Rolfes,
Carlyle, Dhingra, Keiser, Kuderer, Liias, Lovelett, Nobles, Nguyen,
Pedersen, Saldaña, Salomon, Stanford, Wellman, and Wilson, C.)
READ FIRST TIME 02/22/21.
1 AN ACT Relating to managing solid waste through prohibitions on
2 expanded polystyrene, providing for food serviceware upon customer
3 request, and addressing plastic packaging; amending RCW 43.21B.300
4 and 70A.220.020; reenacting and amending RCW 43.21B.110; adding a new
5 section to chapter 39.26 RCW; adding a new chapter to Title 70A RCW;
6 creating a new section; prescribing penalties; and providing
7 expiration dates.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9 NEW SECTION. Sec. 1. FINDINGS—INTENT. (1) The legislature finds
10 that minimum recycled content requirements for plastic beverage
11 containers, trash bags, and household cleaning and personal care
12 product containers, bans on problematic and unnecessary plastic
13 packaging, and standards for customer opt-in for food service
14 packaging and accessories are among actions needed to improve the
15 state's recycling system as well as reduce litter.
16 (2) By implementing a minimum recycled content requirement for
17 plastic beverage containers, trash bags, and household cleaning and
18 personal care product containers; prohibiting the sale and
19 distribution of certain expanded polystyrene products; and
20 establishing optional serviceware requirements as provided for in
21 this chapter; the legislature intends to take another step towards
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 1 ensuring plastic packaging and other packaging materials are reduced,
2 recycled, and reused.
3 NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this
4 section apply throughout this chapter unless the context clearly
5 requires otherwise.
6 (1) "Beverage" means beverages identified in (a) through (f) of
7 this subsection, intended for human or animal consumption, and in a
8 quantity more than or equal to two fluid ounces and less than or
9 equal to one gallon:
10 (a) Water and flavored water;
11 (b) Beer or other malt beverages;
12 (c) Wine;
13 (d) Distilled spirits;
14 (e) Mineral water, soda water, and similar carbonated soft
15 drinks; and
16 (f) Any beverage other than those specified in (a) through (e) of
17 this subsection, except infant formula as defined in 21 U.S.C. Sec.
18 321(z), medical food as defined in 21 U.S.C. Sec. 360ee(b)(3), or
19 fortified oral nutritional supplements used for persons who require
20 supplemental or sole source nutritional needs due to special dietary
21 needs directly related to cancer, chronic kidney disease, diabetes,
22 or other medical conditions as determined by the department.
23 (2) "Beverage manufacturing industry" means an association that
24 represents beverage producers.
25 (3) "Condiment packaging" means packaging used to deliver single-
26 serving condiments to customers. Condiment packaging includes, but is
27 not limited to, single-serving packaging for ketchup, mustard,
28 relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly,
29 jam, and soy sauce.
30 (4)(a) "Covered product" means an item in one of the following
31 categories subject to minimum postconsumer recycled content
32 requirements:
33 (i) Plastic trash bags;
34 (ii) Household cleaning and personal care products that use
35 plastic household cleaning and personal care product containers; and
36 (iii) Beverages that use plastic beverage containers.
37 (b) "Covered product" does not include any type of container or
38 bag for which the state is preempted from regulating content of the
39 container material or bag material under federal law.
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 1 (5) "Dairy milk" means a beverage that designates milk as the
2 predominant (first) ingredient in the ingredient list on the
3 container's label.
4 (6) "Department" means the department of ecology.
5 (7) "Expanded polystyrene" means blown polystyrene and expanded
6 and extruded foams that are thermoplastic petrochemical materials
7 utilizing a styrene monomer and processed by any number of techniques
8 including, but not limited to, fusion of polymer spheres (expandable
9 bead polystyrene), injection molding, foam molding, and extrusion-
10 blow molding (extruded foam polystyrene).
11 (8) "Food service business" means a business selling or providing
12 food for consumption on or off the premises, and includes full-
13 service restaurants, fast food restaurants, cafes, delicatessens,
14 coffee shops, grocery stores, vending trucks or carts, home delivery
15 services, delivery services provided through an online application,
16 and business or institutional cafeterias.
17 (9) "Food service product" means a product intended for one-time
18 use and used for food or drink offered for sale or use. Food service
19 products include, but are not limited to, containers, plates, bowls,
20 cups, lids, beverage containers, meat trays, deli rounds, utensils,
21 sachets, straws, condiment packaging, clamshells and other hinged or
22 lidded containers, wrap, and portion cups.
23 (10) "Household cleaning and personal care product" means any of
24 the following:
25 (a) Laundry detergents, softeners, and stain removers;
26 (b) Household cleaning products;
27 (c) Liquid soap;
28 (d) Shampoo, conditioner, styling sprays and gels, and other hair
29 care products; or
30 (e) Lotion, moisturizer, facial toner, and other skin care
31 products.
32 (11) "Household cleaning and personal care product manufacturing
33 industry" means an association that represents companies that
34 manufacture household cleaning and personal care products.
35 (12) "Licensee" means a manufacturer or entity who licenses a
36 brand and manufactures a covered product under that brand.
37 (13) "Oral nutritional supplement" means a manufactured liquid,
38 powder capable of being reconstituted, or solid product that contains
39 a combination of carbohydrates, proteins, fats, fiber, vitamins, and
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 1 minerals intended to supplement a portion of a patient's nutrition
2 intake.
3 (14) "Plastic beverage container" means a bottle or other rigid
4 container that is capable of maintaining its shape when empty,
5 comprised solely of one or multiple plastic resins designed to
6 contain a beverage. Plastic beverage container does not include:
7 (a) Refillable beverage containers, such as containers that are
8 sufficiently durable for multiple rotations of their original or
9 similar purpose and are intended to function in a system of reuse;
10 (b) Rigid plastic containers or plastic bottles that are or are
11 used for medical devices, medical products that are required to be
12 sterile, nonprescription and prescription drugs, or dietary
13 supplements as defined in RCW 82.08.0293;
14 (c) Bladders or pouches that contain wine; or
15 (d) Liners, caps, corks, closures, labels, and other items added
16 externally or internally but otherwise separate from the structure of
17 the bottle or container.
18 (15)(a) "Plastic household cleaning and personal care product
19 container" means a bottle, jug, or other rigid container with a neck
20 or mouth narrower than the base, and:
21 (i) A minimum capacity of eight fluid ounces or its equivalent
22 volume;
23 (ii) A maximum capacity of five fluid gallons or its equivalent
24 volume;
25 (iii) That is capable of maintaining its shape when empty;
26 (iv) Comprised solely of one or multiple plastic resins; and
27 (v) Containing a household cleaning or personal care product.
28 (b) "Plastic household cleaning and personal care product
29 container" does not include:
30 (i) Refillable household cleaning and personal care product
31 containers, such as containers that are sufficiently durable for
32 multiple rotations of their original or similar purpose and are
33 intended to function in a system of reuse; and
34 (ii) Rigid plastic containers or plastic bottles that are medical
35 devices, medical products that are required to be sterile, and
36 nonprescription and prescription drugs, dietary supplements as
37 defined in RCW 82.08.0293, and packaging used for those products.
38 (16) "Plastic trash bag" means a bag that is made of
39 noncompostable plastic, is at least 0.70 mils thick, and is designed
40 and manufactured for use as a container to hold, store, or transport
p. 4 E2SSB 5022.SL
 1 materials to be discarded or recycled, and includes, but is not
2 limited to, a garbage bag, recycling bag, lawn or leaf bag, can liner
3 bag, kitchen bag, or compactor bag. "Plastic trash bag" does not
4 include any compostable bags meeting the requirements of chapter
5 70A.455 RCW.
6 (17) "Plastic trash bag manufacturing industry" means an
7 association that represents companies that manufacture plastic trash
8 bags.
9 (18) "Postconsumer recycled content" means the content of a
10 covered product made of recycled materials derived specifically from
11 recycled material generated by households or by commercial,
12 industrial, and institutional facilities in their role as end users
13 of a product that can no longer be used for its intended purpose.
14 "Postconsumer recycled content" includes returns of material from the
15 distribution chain.
16 (19)(a) "Producer" means the following person responsible for
17 compliance with minimum postconsumer recycled content requirements
18 under this chapter for a covered product sold, offered for sale, or
19 distributed in or into this state:
20 (i) If the covered product is sold under the manufacturer's own
21 brand or lacks identification of a brand, the producer is the person
22 who manufactures the covered product;
23 (ii) If the covered product is manufactured by a person other
24 than the brand owner, the producer is the person who is the licensee
25 of a brand or trademark under which a covered product is sold,
26 offered for sale, or distributed in or into this state, whether or
27 not the trademark is registered in this state, unless the
28 manufacturer or brand owner of the covered product has agreed to
29 accept responsibility under this chapter; or
30 (iii) If there is no person described in (a)(i) and (ii) of this
31 subsection over whom the state can constitutionally exercise
32 jurisdiction, the producer is the person who imports or distributes
33 the covered product in or into the state.
34 (b) "Producer" does not include:
35 (i) Government agencies, municipalities, or other political
36 subdivisions of the state;
37 (ii) Registered 501(c)(3) charitable organizations and 501(c)(4)
38 social welfare organizations; or
39 (iii) De minimis producers that annually sell, offer for sale,
40 distribute, or import in or into the country for sale in Washington:
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 1 (A) Less than one ton of a single category of plastic beverage
2 containers, plastic household cleaning and personal care containers,
3 or plastic trash bags each year; or
4 (B) A single category of a covered product that in aggregate
5 generates less than $1,000,000 each year in revenue.
6 (20)(a) "Retail establishment" means any person, corporation,
7 partnership, business, facility, vendor, organization, or individual
8 that sells or provides merchandise, goods, or materials directly to a
9 customer.
10 (b) "Retail establishment" includes, but is not limited to, food
11 service businesses, grocery stores, department stores, hardware
12 stores, home delivery services, pharmacies, liquor stores,
13 restaurants, catering trucks, convenience stores, or other retail
14 stores or vendors, including temporary stores or vendors at farmers
15 markets, street fairs, and festivals.
16 (21)(a) "Utensil" means a product designed to be used by a
17 consumer to facilitate the consumption of food or beverages,
18 including knives, forks, spoons, cocktail picks, chopsticks, splash
19 sticks, and stirrers.
20 (b) "Utensil" does not include plates, bowls, cups, and other
21 products used to contain food or beverages.
22 NEW SECTION. Sec. 3. POSTCONSUMER RECYCLED CONTENT. (1)(a)
23 Beginning January 1, 2023, producers that offer for sale, sell, or
24 distribute in or into Washington:
25 (i) Beverages other than wine in 187 milliliter plastic beverage
26 containers and dairy milk in plastic beverage containers must meet
27 minimum postconsumer recycled content requirements established under
28 subsection (4) of this section; and
29 (ii) Plastic trash bags must meet minimum postconsumer recycled
30 content requirements established under subsection (6) of this
31 section.
32 (b) Beginning January 1, 2025, producers that offer for sale,
33 sell, or distribute in or into Washington household cleaning and
34 personal care products in plastic household cleaning and personal
35 care product containers must meet minimum postconsumer recycled
36 content as required under subsection (5) of this section.
37 (c) Beginning January 1, 2028, producers that offer for sale,
38 sell, or distribute in or into Washington wine in 187 milliliter
39 plastic beverage containers or dairy milk in plastic beverage
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 1 containers must meet minimum postconsumer recycled content as
2 required under subsection (4) of this section.
3 (2)(a) On or before April 1, 2022, and annually thereafter, a
4 producer that offers for sale, sells, or distributes in or into
5 Washington covered products must register with the department
6 individually or through a third-party representative registering on
7 behalf of a group of producers.
8 (b) The registration information submitted to the department
9 under this section must include a list of the producers of covered
10 products and the brand names of the covered products represented in
11 the registration submittal. Beginning April 1, 2024, for plastic
12 trash bags and plastic beverage containers other than wine in 187
13 milliliter plastic beverage containers and dairy milk in plastic
14 beverage containers, April 1, 2026, for plastic household and
15 personal care product containers, and April 1, 2029, for wine in 187
16 milliliter plastic beverage containers and dairy milk, a producer may
17 submit registration information at the same time as the information
18 submitted through the annual reporting required under section 4 of
19 this act.
20 (3)(a) By January 31, 2022, and every January 31st thereafter,
21 the department must:
22 (i) Prepare an annual workload analysis for public comment that
23 identifies the annual costs it expects to incur to implement,
24 administer, and enforce this section and sections 4 through 7 and
25 12(1), (2), and (4) of this act, including rule making, in the next
26 fiscal year for each category of covered products;
27 (ii) Determine a total annual fee payment by producers or their
28 third-party representatives for each category of covered products
29 that is adequate to cover, but not exceed, the workload identified in
30 (a)(i) of this subsection;
31 (iii) Until rules are adopted under (a)(iv) of this subsection,
32 issue a general order to all entities falling within the definition
33 of producer. The department must equitably determine fee amounts for
34