AWC is tracking a number of bills related to plastics.

SB 5397/HB 1204 – Responsible plastic packaging stewardship

These companion bills propose a comprehensive solution to the ever-increasing quantity of plastic packaging that local governments have to manage through their solid waste management programs–and those that to continue to pollute our waters and shorelines. SB 5397 is sponsored by Sen. Christine Rolfes (D–Bainbridge Island) and Rep. Strom Peterson (D–Edmonds) is sponsoring HB 1204.

The bills aim to make those who produce and distribute plastic packaging in Washington responsible for managing the packaging when it is recycled or disposed. This is the type of recycling system that operates just north of us in British Columbia. The key provisions are:

• Plastic packaging includes all types of packaging made with plastic.
• A producer of plastic packaging may not sell or distribute plastic packaging in the state unless they are part of a stewardship organization created by the bill.
• Each stewardship organization must create a program to manage and finance all plastic packaging that is distributed by the producers in its stewardship organization.
• The program must include, and producers must cover the cost of:
  • Statewide collection
  • Processing and marketing the materials
  • Education and outreach to consumers
  • Recycling market and infrastructure development
  • Litter collection
• The program must include incentives for producers to innovate their packaging toward better recycling or waste reduction outcomes.
• The Department of Ecology would provide oversight to the stewardship organization and approve plans, with its costs paid.
• Each stewardship organization would also have an advisory committee, that would meet at least annually. Membership includes one member each from a large, small, rural, and urban city. Participation expenses would be reimbursed.
• Mandates recycling content requirements starting in 2023. The stewardship organization must implement a recycled content credit trading system (i.e. similar to industries that trade carbon or water pollution credits to meet compliance requirements).
• Section 18 makes suggestions as to how local governments could use money that is no longer being spent to manage plastic packaging.

The intent of the proposed law is akin to what we all learned in kindergarten – If you make a mess, clean it up. These bills require producers of plastic packaging to take responsibility for the packaging decisions they make.

AWC supports this proposal as one that will help every city in the state run a more sustainable recycling program for their residents – and also clean up our community shorelands and waterways.

The Senate Environment, Energy & Technology Committee will hear SB 5397 at 10 am on Thursday, January 24.

SB 5323/HB 1205 – Plastic bag ban

These companion bills both ban single-use plastic retail carryout bags. However, a substitute version of SB 5323 has been proposed that clarifies how this bill would affect jurisdictions that have implemented bag bans. The Senate substitute version would grandfather in any bag ordinance that was in effect prior to first of this year; but preempt it starting January 1, 2020. Both the substitute and HB 1205, preempt any bag ordinance not in effect at the first of this year. SB 5323 is sponsored by Sen. Mona Das (D–Auburn) and Rep. Strom Peterson sponsored HB 1205. We will keep an eye on this aspect of both bills; but as we understand it, the intent of both is to preempt cities that have existing bans – replacing them with the statewide program. This is similar to the approach that the medicine take-back legislation took that passed last year. We supported that bill as a statewide solution. Please let us know if you have concerns with this approach for bags.

Key provisions of both versions:

• Authorizes retail stores to provide recycled content paper carryout bags and plastic reusable bags.
• Requires a 10 cent per bag charge for each bag provided at check-out. Allows a local government to increase this charge by ordinance.
• All compostable film bags must be colored green or brown and be labeled as “compostable.” Prohibits bags from being labeled in any other way that might imply biodegradability.
• Allows plastic bags to be provided in store for bulk items, meat, flowers, etc.
• Exempts other plastic bags, such as newspaper bags, dry cleaning bags, or boxes of bags.

HB 1205 is scheduled to be heard in the House Environment & Energy Committee on Monday, January 21 at 1:30 pm.

The hearing on the Proposed Substitute (PSSB 5323) is scheduled for Thursday, January 24, at 10 am in the Senate Environment, Energy & Technology Committee.

SB 5077 – Single-use straw ban

The bill, sponsored by Sen. Patty Kuderer (D–Clyde Hill), bans the sale or distribution of single-use plastic straws on July 1, 2020. Local health departments would be required to enforce the straw ban. Anyone who provides a plastic straw will face fines, but fines will not incur until the third violation. The bill provides a process to address the need straws for persons with disabilities.

SB 5077 will be heard in the Senate Environment, Energy & Technology Committee on Thursday, January 24 at 10 am.

Dates to remember

HB 1205 will be heard in the House Environment & Energy Committee on Monday, January 21 at 1:30 pm.

SB 5397 & SB 5077 will be heard in the Senate Environment, Energy & Technology Committee on Thursday, January 24 at 10 am.