The Recycling Reform Act (SB 5284) has been passed by the Washington State Legislature with the Senate’s vote on Thursday, and now the legislation heads to the desk of Washington Governor Bob Ferguson.
Washington’s Extended Producer Responsibility (EPR) legislation is largely modeled after Minnesota’s EPR legislation.
“As a lifelong advocate for responsible waste management, I’m thrilled to see SB 5284 make it to the Governor’s desk,” said Senator Liz Lovelett (D-Anacortes), the bill’s sponsor. “This policy symbolizes years of deep policy work and a major step forward to ensure people across Washington – urban and rural – have access to inexpensive, quality recycling services.”
“Like all parents, I’m worried about the impact litter is having on our waters, our wildlife and our little ones,” said Washington State Representative Liz Berry (D-Seattle), the House companion legislation’s sponsor. “That’s why I’m thrilled to pass this landmark legislation that will incentivize companies to move towards more sustainable packaging and reduce plastic waste. The policy will increase recycling in Washington by 26% and make our recycling system more affordable, convenient, and equitable for all.”
AMERIPEN, a trade association dedicated to improving packaging and the environment, weighed in on the bill’s passage.
“The Washington packaging EPR legislation before Governor Ferguson underscores the need for each state to consider their existing infrastructure and laws when drafting new recycling, composting, and packaging policy. Considered in various forms in the state legislature for years, policymakers and constituents alike can be certain that this commonsense legislation is achievable and represents a collaborative solution between government and the packaging value chain,” AMERIPEN said.
Key elements of the new law include:
Producer & Producer Responsibility Organization (PRO) Timelines
By January 1, 2026, each producer of packaging and paper products (PPP) must appoint a producer responsibility organization.
Key Provisions
By October 1, 2026, the Washington State Department of Ecology must develop a list of covered materials determined to be recyclable or compostable statewide.
Performance Goals
The PRO must propose performance targets based on the statewide needs assessment.
The Department of Ecology must establish statewide rate requirements and dates by which those requirements must be met for recycling, composting, reuse, return, and plastic source reduction.
Eight percent of a PRO’s plastic source reduction performance target may be met by switching from virgin material to post-consumer recycled (PCR) content.
Funding Formula
The PRO must provide reimbursements for covered recycling services to service providers that meet performance standards established in a PRO plan.
The service provider reimbursement schedule phases in the share of the costs as covered by the PRO as follows (Minnesota funding formula):
- ≥ 50% of net costs by February 15, 2030
- ≥ 75% of net costs by February 15, 2031
- ≥ 90% of net costs by February 15, 2032
