The legislation is intended to increase access to recycling, as only 58% of jurisdictions in the state provide access to curbside recycling. | Jeffrey-B.-Banke/Shutterstock
Just a week after Maryland became state No. 6 to approve a bill on extended producer responsibility for packaging and paper, Washington made No. 7.
SB 5284, the Recycling Reform Act, went to Gov. Bob Ferguson’s desk on April 23. It passed out of the Senate on March 7 with a vote of 27-22, then out of the House with a vote of 51-45 on April 14 with some amendments. After the Senate concurred with the changes on April 23 on a vote of 27-21, the bill was off to the final step.
Ferguson has 30 days to sign the bill after it’s delivered to him.
Bill sponsor Sen. Liz Lovelett said in a press release that the passage of the bill “represents a historic step forward for our state to a cleaner, more accessible, and more sustainable recycling system.”
“Today we are all celebrating progress to reduce pollution, improve recycling rates, and divert materials away from landfills,” Lovelett added.
The legislation is intended to increase access to recycling, as only 58% of jurisdictions in the state provide access to curbside recycling, according to the release. About 500,000 more homes in Washington would get recycling services for the first time under EPR, many in rural areas or in multifamily residences.
Rep. Liz Berry has championed EPR in the House for several years and sponsored SB 5284’s companion bill this year. Berry thanked Lovelett in the press release “for being a great partner in getting this policy moved forward.”
“I am excited that Washington will have a better recycling system that holds producers responsible and gives all communities access to recycling,” Berry added.
SB 5284 has many of the classic elements of American EPR, including needs assessments, convenience standards, eco-modulation of fees, education and outreach requirements and the mandate that material go to responsible end markets.
It also notes that if and when Washington creates a deposit return system for beverage containers, the two programs should be harmonized and any DRS implementation “must include a two-year transition period before the expiration of the currently approved plan and be conducted in a manner that does not create sudden and significant operational or financial disruption.”
DRS didn’t pass in the state this year – paired bills HB 1607 and SB 5502 died in committee.
Program details
SB 5284 calls for a producer responsibility organization to be selected by Jan. 1, 2026, as well as a 19-person advisory council. The first annual PRO registration fee is due to the state that September. Producers would be required to register with the PRO by July 1, 2026.
It also requires an initial statewide collection list by Oct. 1, 2026, a preliminary needs assessment by Dec. 31, 2026, and a full PRO plan by Oct. 1, 2028. Full program implementation is slated for Jan. 1, 2030.
Multiple PROs are allowed under the bill once the initial program plan expires. SB 5284 also would require an equity study and a litter tax study.
The statewide collection lists must distinguish between materials suitable for residential recycling, residential composting, public place collection and alternative collection, the bill states, and the PRO and state share responsibility for setting performance targets in the program plan based on the needs assessment.
Like Minnesota and Maryland, Washington’s EPR program uses a phased-in reimbursement approach, stating that the PRO must cover at least 50% of the net costs by Feb. 15, 2030, at least 75% by 2031 and at least 90% by 2032.
Covered materials may be exempted if the producer can demonstrate annually that the material has had a state recycling rate of 65% for three consecutive years. Beginning Jan. 1, 2020, that requirement changes to demonstrating every two years that the material has had a state recycling rate of at least 70%.
In a state-specific twist, the PRO must fund and implement a reuse financial assistance program, putting in at least $5 million beginning in 2029 and then again each year, adjusted for inflation.
Finally, the bill requires any MRF that annually manages 25,000 tons or more of covered materials under SB 5284 to ensure that workers “receive minimum industry standard compensation” beginning Oct. 1, 2028, meaning a wage and benefits package “equal to or greater than the combined hourly wage and usual benefits package set by a collective bargaining agreement that covers similar or equivalent work in a county.”