2SHB 2271
In CommitteeHouse
Plastics/recycled content
Concerning postconsumer recycled content requirements for plastic products.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill expands Washington’s recycled content requirements to include new categories of plastic products (e.g., food storage containers, buckets, carts, and film packaging) and increases minimum recycled content targets for existing categories (e.g., beverage bottles, trash bags, cleaning product containers) over time. It also establishes a fee system, third-party certification, and state purchasing preferences for compliant products.
- Establishes new minimum postconsumer recycled content (PCRC) requirements for PCRC 2.0 products—including rigid plastic containers (e.g., food storage, buckets, nursery pots), roll carts, and film plastics (e.g., toilet paper packaging)—starting January 1, 2029, with targets of 10–30% depending on product type and year.
- Expands existing PCRC requirements for PCRC 1.0 products (plastic beverage containers, household cleaning/personal care containers, and trash bags) with gradually increasing targets: e.g., beverage containers must reach 50% by 2031 (or 2036 for dairy milk/wine in small containers), and trash bags must reach 20% by 2027.
- Creates a 1.5-to-1 credit for purchasing North American postconsumer PET resin, allowing producers to count 1.5 pounds of PET resin toward the 1-pound requirement, incentivizing domestic recycling.
- Requires producers to register annually, report plastic use (virgin and recycled) by resin type and origin, and obtain third-party certification of recycled content starting in 2030; noncompliance triggers civil penalties up to $1,000 per day.
- Mandates state agencies to purchase only compliant PCRC 2.0 products (e.g., buckets, bins, carts, trash bags) starting April 1, 2030, and requires the Department of Ecology to publish a list of compliant producers.
- Requires the Department of Ecology to conduct a market study in 2037 and report to the legislature in 2033 on program effectiveness and potential improvements, including possible expansion of product categories or recycled content targets.
Who is affected
- Producers of plastic packaging and products — Producers (including manufacturers, brand owners, importers, and distributors) of plastic packaging and products covered under the bill must meet minimum recycled content requirements, register with the state, submit annual reports, and pay fees to cover regulatory costs. Noncompliance can result in penalties.
- Retailers and food service businesses — Retailers and food service businesses (e.g., restaurants, grocery stores) that sell covered products must ensure products they sell comply with recycled content requirements and may rely on certifications from suppliers for verification.
- Recycling and processing industry — Recycling facilities and processors may see increased demand for postconsumer recycled plastic, especially PET resin, due to the 1.5-to-1 credit system and expanded product categories requiring recycled content.
- State agencies — State agencies (e.g., corrections, schools, government offices) must prioritize purchasing PCRC 2.0 products (e.g., buckets, bins, carts, trash bags) only from compliant producers starting in 2030.
- Small producers and agricultural employers — Small businesses and agricultural employers with under $5 million in revenue (adjusted for inflation after 2031) may qualify as 'de minimis producers' and are exempt from certain requirements but still must register and report.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
The bill’s expanded recycled content requirements—including new categories like film plastics, buckets, and roll carts—and the 1.5-to-1 credit for North American PET resin are designed to stimulate domestic recycling markets, reduce landfill waste, and lower greenhouse gas emissions by displacing virgin plastic production. This directly supports Washington’s climate goals and reduces pollution from fossil fuel extraction.
EnvironmentPeopleRef: Sec. 3(2) (1.5-to-1 PET credit), Sec. 5(2)(a)-(c) (gradual increases in PCRC 1.0 targets), Sec. 3(1)(a)-(c) (PCRC 2.0 targets)Mandatory labeling of trash bag recycled content and phased-in compliance timelines (e.g., 2023–2036 for beverage containers) reduce consumer confusion and give producers time to adapt, minimizing risk of supply shortages or product recalls that could compromise public safety.
Public SafetyPeopleRef: Sec. 11 (labeling), Sec. 5(2)(a)-(c) (gradual implementation), Sec. 7(3) (corrective action plans)The state’s purchasing preference for compliant producers and the requirement for a public compliance list create market certainty and signal demand for domestic recycled content, which can incentivize investment in local recycling infrastructure and create jobs in the state’s recycling and remanufacturing sector.
Business & EmploymentPeopleRef: Sec. 14(2) (state purchasing preference), Sec. 12 (2033 report, 2037 market study), Sec. 9(2) (public compliance list)The 2033 report and 2037 market study—along with the statutory requirement to consider supply chain constraints before adjusting targets—provide a data-driven feedback loop to prevent overly aggressive mandates that could disrupt markets or cause shortages, protecting both businesses and consumers.
Business & EmploymentPeopleRef: Sec. 10 (market study), Sec. 5(6)(b) (adjustment factors for supply/demand, infrastructure capacity)The de minimis exemption for producers selling under one ton annually or earning under $5M (adjusted for inflation), plus special treatment for small agricultural employers, ensures that the smallest mom-and-pop shops and family farms are not unduly burdened, preserving local economic activity and entrepreneurship.
Business & EmploymentPeopleRef: Sec. 5(2)(b) (de minimis exemption), Sec. 5(2)(c) (agricultural employer exemption), Sec. 5(2)(a) (1-ton/less annual threshold)
Potential Concerns (4)
The bill imposes new registration, annual reporting, third-party certification, and fee obligations on producers, which disproportionately burden small and mid-sized producers who lack economies of scale to absorb administrative costs. The fee structure is cost-recovery based but still requires upfront investment in compliance infrastructure, and the penalty formula (40 cents per pound of shortfall) creates significant financial risk for noncompliance, especially for producers with volatile resin supply chains.
Business & EmploymentLean industryRef: Sec. 4 (fee structure), Sec. 5 (registration & reporting), Sec. 7 (penalty calculation), Sec. 8 (civil penalties)The bill’s recycled content targets—especially the 50% requirement for beverage containers by 2031 (2036 for dairy/wine)—may strain domestic postconsumer resin supply, potentially forcing producers to source higher-cost resin or reduce output, which could increase input costs for food and beverage retailers and food service businesses that pass costs to consumers.
Business & EmploymentIndustryRef: Sec. 3(1)(a)-(c), Sec. 5(3)(a)-(c), Sec. 5(4)(a)-(c), Sec. 5(5)(a)-(c)The state purchasing preference (only compliant PCRC 2.0 products from registered producers) may limit local government flexibility in procurement, especially for smaller agencies without dedicated compliance staff, and the delayed 2037 market study may leave localities without timely data to anticipate supply disruptions or price spikes.
Local GovernmentIndustryRef: Sec. 14(2) (state purchasing preference), Sec. 10 (market study in 2037, report in 2033)The bill preempts local recycled content requirements for PCRC products, eliminating local innovation and tailored solutions, while only allowing local governments to exceed standards for *purchased* items—not for products sold to residents—thus constraining local authority over the broader economy within their borders.
Local GovernmentIndustryRef: Sec. 5(9)(a) (local preemption), Sec. 5(9)(b) (local purchasing exceptions)
Who Is Most Affected
Large national producers of plastic packaging (e.g., Coca-Cola, Procter & Gamble, Walmart) will likely absorb compliance costs through scale, pass some to consumers, and benefit from the 1.5-to-1 PET credit and state purchasing preference—net positive impact.
Small producers and agricultural employers under the de minimis threshold face minimal regulatory burden and may benefit from market stability and state procurement preferences, but still must register and report—net slightly positive.
Recycling facilities and processors stand to gain from increased demand for postconsumer resin, especially PET, due to the 1.5-to-1 credit and expanded product categories—net positive.
Retailers and food service businesses must rely on supplier certifications and may face higher input costs for compliant products, but avoid direct liability—net slightly negative.
State and local agencies must purchase only compliant products starting 2030, limiting procurement flexibility but supporting local recycling markets—net neutral to slightly positive.