title: RCW 70A.205.700

text:
(1) The department of transportation and its implementation partners must collaboratively develop and establish objectives and strategies for the reuse and recycling of construction aggregate and recycled concrete materials. This process must include the development of criteria for the successful and sustainable long-term recycling of construction aggregate and recycled concrete materials in Washington state transportation, roadway, street, highway, and other transportation infrastructure projects.
(2) The department of transportation must, unless construction aggregate and recycled concrete materials are not readily available and cost-effective, specify and annually use a minimum of twenty-five percent construction aggregate and recycled concrete materials on its cumulative transportation, roadway, street, highway, and other transportation infrastructure projects.
(3)(a) All local governmental entities with a population of one hundred thousand residents or more must, as part of their contracting process, request and accept bids that include the use of construction aggregate and recycled concrete materials for each transportation, roadway, street, highway, or other transportation infrastructure project.
(b) Prior to awarding a contract for a transportation, roadway, street, highway, or other transportation infrastructure project, the local governmental entity must compare the lowest responsible bid proposing to use construction aggregate and recycled concrete materials with the lowest responsible bid not proposing to use construction aggregate and recycled concrete materials, and award the contract to the bidder proposing to use the highest percentage of construction aggregate and recycled concrete materials if that bid is the same as, or less than, a bidder not proposing to use construction aggregate and recycled concrete materials or proposing to use a lower percentage of construction aggregate and recycled concrete materials.
(4) Any local governmental entity with a population of less than one hundred thousand residents must:
(a) Review and determine the capacity for recycling and reuse of construction aggregate and recycled concrete materials for roadway, street, highway, and other transportation infrastructure projects in its jurisdiction;
(b) Establish practical and applicable strategies to recycle and reuse construction aggregate and recycled concrete materials for roadway, street, highway, and other transportation infrastructure projects in its jurisdiction; and
(c) Upon the completion of the review and strategy development, begin implementing the strategies to achieve the recycling and reuse objectives established for its jurisdiction.
(5) The applications and related specification standards for state and local transportation and infrastructure projects that reuse and recycle construction aggregate and recycled concrete materials to be used in the implementation of this section are outlined in the department of transportation's standard specifications for road, bridge, and municipal construction, section 9-03.21, table 9-03.21(1)E.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Construction aggregate and recycled concrete materials" means reclaimed coarse and fine aggregate cement and concrete mixtures as commonly defined by the American public works association, the federal highway administration, and department of transportation specifications.
(b) "Implementation partners" means local governmental entities and interested Washington-based associations representing the appropriate sectors of the construction industry.
(c) "Local governmental entities" means cities or counties.
[ 2015 c 142 s 2. Formerly RCW 70.95.805.]
Notes:
Findings—2015 c 142: "(1) The legislature finds that the Washington state highway system is extensive, with over one hundred seventy-five thousand miles of public, city, county, and state highway pavements and over eight thousand seven hundred built structures, built using large quantities of construction aggregates, asphalt, concrete, steel, and cement. Much of our transportation and infrastructure system is in need of major rehabilitation or total reconstruction. These natural resource construction materials used to build our existing system are too valuable to be wasted and landfilled. Some of the best natural construction materials produced in Washington state are already in use for highways, bridges, and building construction. Effective and responsible recycling is an effective life-cycle strategy to reuse these construction materials in the construction of new state and local transportation and infrastructure projects as well as to repair, reconstruct, and maintain them.
(2) The legislature further finds that the recycling of aggregates and other transportation construction materials makes sound economic, environmental, and engineering sense and is in keeping with meeting Washington state's greenhouse gas reduction priorities. The economic benefits from the reuse and recycling of these valuable, finite, and nonrenewable materials can be very effective in reducing the cost of designing, engineering, and construction of new transportation projects and will make greater use of limited state and local transportation funds for additional highway construction, rehabilitation, preservation, or maintenance projects.
(3) The legislature further finds that the reuse of construction aggregate and recycled concrete materials into new transportation and infrastructure structure projects is known to:
(a) Promote the conservation and protection of permitted and unpermitted construction aggregate resources;
(b) Reduce the need for the consumption of new construction aggregate materials;
(c) Encourage the reuse and recycling of currently classified waste materials and discourage landfilling of valuable natural resources;
(d) Reduce waste, preserve finite landfill space, and reduce illegal dumping by encouraging reuse and recycling through sound and practical environmental best management and handling practices;
(e) Reduce truck trips and related transportation emissions;
(f) Reduce greenhouse gases related to the construction of new transportation projects, reduce embodied energy, and improve and advance the sustainable principles and practices of the state of Washington and its transportation system;
(g) Reduce project material and construction costs for state and local level projects; and
(h) Be consistent with the governor's executive order No. 13-04 (September 2013), the state department of transportation sustainability executive order No. E1082.00 (August 2012), and presidential executive order No. 13423 (January 2007)." [ 2015 c 142 s 1.]
Effective date—2015 c 142: "This act takes effect January 1, 2016." [ 2015 c 142 s 4.]

catchline: Develop and establish objectives and strategies for the reuse and recycling of construction aggregate and recycled concrete materials.


doc_type: statute

jurisdiction: wa

title: RCW 70A.205.710

text:
(1) In order to establish the feasibility of composting food and yard wastes, the department shall provide funds, as available, to local governments submitting a proposal to compost such wastes.
(2) The department, in cooperation with the department of commerce, may approve an application if the project can demonstrate the essential parameters for successful composting, including, but not limited to, cost-effectiveness, handling and safety requirements, and current and potential markets.
[ 2023 c 470 s 2118; 1998 c 245 s 132; 1995 c 399 s 191; 1989 c 431 s 97. Formerly RCW 70.95.810.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Composting food and yard wastes—Grants and study.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.205.715

text:
(1) A goal is established for the state to reduce by fifty percent the amount of food waste generated annually by 2030, relative to 2015 levels. A subset of this goal must include a prevention goal to reduce the amount of edible food that is wasted.
(2) The department may estimate 2015 levels of wasted food in Washington using any combination of solid waste reporting data obtained under this chapter and surveys and studies measuring wasted food and food waste in other jurisdictions. For the purposes of measuring progress towards the goal in subsection (1) of this section, the department must adopt standardized metrics and processes for measuring or estimating volumes of wasted food and food waste generated in the state.
(3) By October 1, 2020, the department, in consultation with the department of agriculture and the department of health, must develop and adopt a state wasted food reduction and food waste diversion plan designed to achieve the goal established in subsection (1) of this section.
(a) The wasted food reduction and food waste diversion plan must include strategies, in descending order of priority, to:
(i) Prevent and reduce the wasting of edible food by residents and businesses;
(ii) Help match and support the capacity for edible food that would otherwise be wasted with food banks and other distributors that will ensure the food reaches those who need it; and
(iii) Support productive uses of inedible food materials, including using it for animal feed, energy production through anaerobic digestion, or other commercial uses, and for off-site or on-site management systems including composting, vermicomposting, or other biological systems.
(b) The wasted food reduction and food waste diversion plan must be designed to:
(i) Recommend a regulatory environment that optimizes activities and processes to rescue safe, nutritious, edible food;
(ii) Recommend a funding environment in which stable, predictable resources are provided to wasted food prevention and rescue and food waste recovery activities in such a way as to allow the development of additional capacity and the use of new technologies;
(iii) Avoid placing burdensome regulations on the hunger relief system, and ensure that organizations involved in wasted food prevention and rescue, and food waste recovery, retain discretion to accept or reject donations of food when appropriate;
(iv) Provide state technical support to wasted food prevention and rescue and food waste recovery organizations;
(v) Support the development and distribution of equitable materials to support food waste and wasted food educational and programmatic efforts in K-12 schools, in collaboration with the office of the superintendent of public instruction, and aligned with the Washington state science and social studies learning standards; and
(vi) Facilitate and encourage restaurants and other retail food establishments to safely donate food to food banks and food assistance programs through education and outreach to retail food establishment operators regarding safe food donation opportunities, practices, and benefits.
(c) The wasted food reduction and food waste diversion plan must include suggested best practices that local governments may incorporate into solid waste management plans developed under RCW 70A.205.040.
(d) The department must solicit feedback from the public and interested stakeholders throughout the process of developing and adopting the wasted food reduction and food waste diversion plan. To assist with its food waste reduction plan development responsibilities, the department may designate a stakeholder advisory panel. If the department designates a stakeholder advisory panel, it must consist of local government health departments, local government solid waste departments, food banks, hunger-focused nonprofit organizations, waste-focused nonprofit organizations, K-12 public education, and food businesses or food business associations.
(e) The department must identify the sources of scientific, economic, or other technical information it relied upon in developing the plan required under this section, including peer-reviewed science.
(f) In conjunction with the development of the wasted food reduction and food waste diversion plan, the department and the departments of agriculture and health must consider recommending changes to state law, including changes to food quality, labeling, and inspection requirements under chapter 69.80 RCW and any changes in laws relating to the donation of food waste or wasted food for animals, in order to achieve the goal established in subsection (1) of this section. Any such recommendations must be explained via a report to the legislature submitted consistent with RCW 43.01.036 by December 1, 2020. Prior to any implementation of the plan, for the activities, programs, or policies in the plan that would impose new obligations on state agencies, local governments, businesses, or citizens, the December 1, 2020, report must outline the plan for making regulatory changes identified in the report. This outline must include the department or the appropriate state agency's plan to make recommendations for statutory or administrative rule changes identified. In combination with any identified statutory or administrative rule changes, the department or the appropriate state agency must include expected cost estimates for both government entities and private persons or businesses to comply with any recommended changes.
(4) In support of the development of the plan in subsection (3) of this section, the department of commerce must contract for an independent evaluation of the state's food waste and wasted food management system.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a)(i) "Food waste" means waste from fruits, vegetables, meats, dairy products, fish, shellfish, nuts, seeds, grains, and similar materials that results from the storage, preparation, cooking, handling, selling, or serving of food for human consumption.
(ii) "Food waste" includes, but is not limited to, excess, spoiled, or unusable food and includes inedible parts commonly associated with food preparation such as pits, shells, bones, and peels. "Food waste" does not include dead animals not intended for human consumption or animal excrement.
(b) "Prevention" refers to avoiding the wasting of food in the first place and represents the greatest potential for cost savings and environmental benefits for businesses, governments, and consumers.
(c) "Recovery" refers to processing inedible food waste to extract value from it, through composting, anaerobic digestion, or for use as animal feedstock.
(d) "Rescue" refers to the redistribution of surplus edible food to other users.
(e) "Wasted food" means the edible portion of food waste.
[ 2020 c 20 s 1204; 2019 c 255 s 2. Formerly RCW 70.95.815.]
Notes:
Finding—Intent—2019 c 255: "(1) The legislature finds that the wasting of food represents a misuse of resources, including the water, land, energy, labor, and capital that go into growing, harvesting, processing, transporting, and retailing food for human consumption. Wasting edible food occurs all along the food production supply chain, and reducing the waste of edible food is a goal that can be achieved only with the collective efforts of growers, processors, distributors, retailers, consumers of food, and food bankers and related charities. Inedible food waste can be managed in ways that reduce negative environmental impacts and provide beneficial results to the land, air, soil, and energy infrastructure. Efforts to reduce the waste of food and expand the diversion of food waste to beneficial end uses will also require the mindful support of government policies that shape the behavior and waste reduction opportunities of each of those participants in the food supply chain.
(2) Every year, American consumers, businesses, and farms spend billions of dollars growing, processing, transporting, and disposing of food that is never eaten. That represents tens of millions of tons of food sent to landfills annually, plus millions of tons more that are discarded or left unharvested on farms. Worldwide, the United Nations food and agriculture organization has estimated that if one-fourth of the food lost or wasted globally could be saved, it would be enough to feed eight hundred seventy million hungry people. Meanwhile, one in eight Americans is food insecure, including one in six children. Recent data from the department of ecology indicate that Washington is not immune to food waste problems, and recent estimates indicate that seventeen percent of all garbage sent to Washington disposal facilities is food waste, including eight percent that is food that was determined to be edible at the time of disposal. In recognition of the widespread benefits that would accrue from reductions in food waste, in 2015, the administrator of the United States environmental protection agency and the secretary of the United States department of agriculture announced a national goal of reducing food waste by fifty percent by 2030. The Pacific Coast collaborative recently agreed to a similar commitment of halving food waste by 2030, including efforts to prevent, rescue, and recover wasted food.
(3) By establishing state wasted food reduction goals and developing a state wasted food reduction strategy, it is the intent of the legislature to continue its national leadership in solid waste reduction efforts by:
(a) Improving efficiencies in the food production and distribution system in order to reduce the cradle to grave greenhouse gas emissions associated with wasted food;
(b) Fighting hunger by more efficiently diverting surplus food to feed hungry individuals and families in need; and
(c) Supporting expansion of management facilities for inedible food waste to improve access and facility performance while reducing the volumes of food that flow through those facilities." [ 2019 c 255 s 1.]


title: RCW 70A.205.720

text:
(1)(a) Legislation enacted in 2022, chapter 180, Laws of 2022, contains numerous provisions intended to decrease the generation of methane gas in landfills from organic materials, by increasing the diversion of organic materials to compost and other organic materials management facilities. The legislature finds that there is urgency in the state's efforts to ensure that compost streams are limited to compostable organic materials and are not hindered by unsuitable contaminants. At present, organic materials management facilities in Washington vary in the types of feedstocks that are accepted.
(b) The department must contract with an independent third-party facilitator to convene a stakeholder advisory committee. The advisory committee shall make recommendations to the appropriate committees of the legislature on the development of standards for the management of compostable products, especially food service products, by composting and other organic materials management facilities.
(2) In developing recommendations, the stakeholder advisory committee must, at a minimum, consider:
(a) The state's goals of managing organic materials, including food waste, in an environmentally sustainable way that increases food waste diversion and ensures that finished compost is clean and marketable, with the intent of being consistent with and furthering the improvements identified in chapter 180, Laws of 2022;
(b) The types of compostable products, and amounts if known, sold or distributed into Washington;
(c) Consumer confusion caused by noncompostable products that can lead to contamination issues;
(d) Compostable standards related to the breakdown of products in facilities and home composting;
(e) The status of acceptance of compostable products by organic materials management facilities in Washington, including consideration of organic certifications;
(f) Estimates of the percentage of compostable products used in Washington that are disposed of at organic materials management facilities;
(g) Financial incentives for organic materials management facilities accepting compostable products;
(h) Current laws related to compostable products and the enforcement of these laws;
(i) Any work product from other contemporaneous stakeholder advisory committees currently discussing similar topics in other jurisdictions or nationwide; and
(j) Policy options addressing contamination of organic waste streams and to increase the use of reusable and refillable items.
(3) The facilitator selected in subsection (1) of this section must:
(a) Hire subcontractors, as needed, for the research of any relevant information regarding issues associated with compostable products and the management of compostable materials in composting and other organic materials management facilities;
(b) Provide staff and support to the stakeholder advisory committee meetings; and
(c) Draft reports and other materials for review by the stakeholder advisory committee.
(4) The facilitator shall submit a report to the legislature by September 15, 2024, containing the recommendations of the stakeholder advisory committee after review and approval by the facilitator and committee. The department and its hired facilitator must convene the first stakeholder meeting by September 15, 2023, and must convene meetings at least monthly thereafter through January, on a schedule developed in consultation with the stakeholders serving on the advisory committee. All meetings of the stakeholder advisory committee must be held in a virtual format. The stakeholder advisory committee shall make recommendations using consensus-based decision making. The report must include recommendations where general stakeholder consensus has been achieved and note dissenting opinions where stakeholder consensus has not been achieved.
(5) The department must select at least one member to the stakeholder advisory committee from each of the following:
(a) Cities, including both small and large cities and cities located in urban and rural counties, which may be represented by an association that represents cities in Washington;
(b) Counties, including both small and large counties and urban and rural counties, which may be represented by an association that represents county solid waste managers in Washington;
(c) Municipal collectors or companies that provide curbside organic materials management services under a municipal contract under RCW 35.21.120;
(d) A solid waste collection company regulated under chapter 81.77 RCW that provides curbside organic materials collection services;
(e) Three organic materials management facility operators, including at least one operator of a facility that does not currently accept compostable food service products and one operator of a facility that does currently accept such products;
(f) A representative from an environmental nonprofit organization that specializes in waste and recycling issues;
(g) Two manufacturers of compostable products, including at least one manufacturer of compostable food service products and one manufacturer of compostable plastic food service products;
(h) One distributor of compostable food service products;
(i) A statewide general business trade association;
(j) A representative from a retail grocery association;
(k) Two organizations that act as third-party certifiers of compostable products;
(l) The department of agriculture;
(m) Two associations focused on organic materials recycling or composting; and
(n) A statewide organization representing hospitality businesses.
(6) In addition to the members selected under subsection (5) of this section, the director must invite participation on the stakeholder advisory committee from any federally recognized Indian tribe that expresses interest in participation to the department prior to September 1, 2023.
(7) This section expires July 1, 2028.
[ 2023 c 236 s 1.]

catchline: Development of standards for the management of compostable products—Process—Report to the legislature—Stakeholder advisory committee. (Expires July 1, 2028.)


title: RCW 70A.205.730

text:
(1) This section establishes a cooperative program of solid waste handling facility management between local government and the state. Local government shall have the primary responsibility for issuing the permits required by this chapter, administering the regulatory program consistent with the policy and provisions of this chapter, and imposing penalties for violations of the provisions of this chapter. The department shall act primarily in a supportive and review capacity with an emphasis on ensuring compliance with the policy and provisions of this chapter. The department shall enforce the requirements of this chapter under the following circumstances:
(a) A jurisdictional health department may send written notice to the department that it is deferring to the department's authority under this section to enforce the requirements of this chapter with respect to a solid waste handling facility in a jurisdiction.
(b) The department determines that a jurisdictional health department's enforcement action is inadequate to address violations of this chapter by a solid waste handling facility operator. A jurisdictional health department's enforcement action is inadequate when any of the following occur without successful resolution of the violation:
(i) The jurisdictional health department fails to conduct an inspection to verify a reported, credible alleged violation within 45 calendar days after receiving notification of the violation;
(ii) The jurisdictional health department fails to issue a notice of violation or corrective action order within 60 calendar days after observing a violation during an inspection or on-site visit;
(iii) The jurisdictional health department fails to take any enforcement action as authorized under this chapter within 90 calendar days after issuing a notice of violation; or
(iv) The jurisdictional health department has initiated enforcement action but the violation has continued for more than 180 days without resolution or substantial progress toward resolution.
(c) A jurisdictional health department shall notify the department within a reasonable amount of time of the dates and official communications regarding the following activities with respect to a solid waste handling facility operator:
(i) Receipt of a reported, credible alleged violation of this chapter;
(ii) Observation of a violation of this chapter during an inspection or on-site visit;
(iii) Notice of a violation of this chapter or corrective action that was sent by the jurisdictional health department to a solid waste handling operator;
(iv) Any enforcement action taken by the jurisdictional health department; and
(v) Any activities by the solid waste handling facility operator that constitute resolution or progress toward resolution of the violations of this chapter.
(2) When the department determines that a jurisdictional health department enforcement action is inadequate and that it will take enforcement action under subsection (1)(b) of this section, the department shall provide written notice of its intent to enforce to the jurisdictional health department and to the solid waste handling facility operator. The department's notice of intent to enforce must be provided no less than 30 calendar days prior to the department issuing a penalty or order under this section and RCW 70A.205.740. The 30-day notice requirement may be waived if the violation presents an immediate and substantial endangerment to human health or the environment requiring urgent action. The department's notice of intent to enforce must include:
(a) Identification of the alleged violations of the statute, regulation, or rule that are the basis for the department's enforcement action and the number of alleged violations;
(b) A description of the department's process that led to its determination that such violations existed;
(c) Which of the criteria under subsection (1)(b)(i) through (iv) of this section apply;
(d) The proposed start date and any end date of the department's enforcement action; and
(e) The proposed geographical boundaries of solid waste handling facilities at which the enforcement action is planned.
(3) If within 30 calendar days of the jurisdictional health department's receipt of the department's notice of intent to enforce, and the violation does not present an immediate and substantial endangerment to human health or the environment, the jurisdictional health department initiates an enforcement action that the department and the jurisdictional health department agree will adequately address the identified violations, the department will hold its enforcement action in abeyance.
(4) Upon receipt of an order by the jurisdictional health department or the department, a solid waste handling facility owner or operator must provide information necessary to determine compliance with the requirements of this chapter applicable to solid waste handling facilities.
(5) An applicant or permittee must allow the jurisdictional health department and department to conduct inspections and collect samples.
(6) This section does not apply to actions taken by the department under chapter 70A.305 RCW.
[ 2025 c 311 s 5.]

catchline: Cooperative program—State and local government.


title: RCW 70A.205.740

text:
(1) In addition to the provisions of RCW 70A.205.140, and in accordance with the procedures described in RCW 70A.205.730, for any person engaged in solid waste handling subject to permitting under this chapter, the enforcement authority may:
(a) Impose a civil penalty not to exceed $5,000 per day for the first 14 days of violation of the requirements of this chapter or a permit issued under this chapter. If the violation is not resolved within 14 days, the agency imposing the penalty may increase the penalty not to exceed $10,000 per day of violation of the requirements of this chapter or a permit issued under this chapter; and
(b) Issue an order requiring compliance with the requirements of this chapter or a permit issued under this chapter. A person who fails to take corrective action as specified in a compliance order is liable for a civil penalty as provided in (a) of this subsection. Before issuing a civil penalty, the enforcement authority will attempt through education and outreach to assist the person engaged in solid waste handling with achieving compliance with the requirements of this chapter or a permit issued under this chapter.
(2) If a solid waste handling facility owner or operator pays a penalty under this section for a violation to a government entity, any penalty imposed by a different government entity for a violation based on the same incident and conduct shall be reduced by the amount of the prior penalty.
(3)(a) Penalties levied by a jurisdictional health department shall be deposited in the treasury and to the account from which such jurisdictional health department's operating expenses are paid.
(b) Penalties levied by the department under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
(4) A person who is issued an order or incurs a penalty from:
(a) A jurisdictional health department may appeal the order or penalty to the local health officer;
(b) The department under this section may appeal the order or penalty to the pollution control hearings board created by chapter 43.21B RCW.
[ 2025 c 311 s 6.]

catchline: Enforcement authority—Penalties.


title: RCW 70A.205.750

text:
(1)(a) Except as provided in (b) and (d) of this subsection, beginning January 1, 2028, in each jurisdiction planning under this chapter, the indoor or outdoor containers, including lids, smaller than 101 gallons provided to customers for collection services, including multifamily, commercial, government, and other public places, institutional, and curbside residential collection services, must be provided in a color-coded manner consistent with the requirements of subsection (2) of this section in order to reduce contamination.
(b) A jurisdiction or solid waste collection company is not required to replace a functional container or lid to match the coloring requirements in subsection (2) of this section. The requirements of this subsection apply only to solid waste collection containers purchased on or after August 1, 2025, and do not apply to solid waste collection containers purchased by a jurisdiction prior to August 1, 2025.
(c) Jurisdictions and solid waste collection companies are encouraged, prior to January 1, 2028, to provide solid waste collection containers, including lids, that are consistent with subsection (2) of this section.
(d) A jurisdiction planning under this chapter may petition the department for an exemption from the requirements of subsection (2) of this section.
(i) The department must grant a petition from a jurisdiction allowing the jurisdiction to use a color inconsistent with subsection (2) of this section for the purposes of a charitable program implemented by the jurisdiction, such as for purposes of fund-raising for a nonprofit organization.
(ii) The department may grant an exemption in response to a petition from a jurisdiction that demonstrates that the provision of color-coded containers consistent with subsection (2) of this section is not feasible, and the jurisdiction proposes an alternative plan to reduce contamination in the jurisdiction.
(iii) The department must grant an exemption in response to a petition from a jurisdiction that proposes an alternative plan and a timeline to transition its containers, by route, portion of service area or population, or other method, to be color-coded in a manner consistent with the requirements of subsection (2) of this section in the jurisdiction.
(2)(a)(i) In a jurisdiction where source-separated recyclable materials and source-separated organic materials are collected separately, a gray or black container may be used only for the collection of solid waste that is not a source-separated recyclable material or a source-separated organic material.
(ii) In a jurisdiction where source-separated recyclable materials or organic materials are not collected separately, a gray or black container may be used for any solid waste, including organic material or recyclable material that is not separately collected in the jurisdiction.
(b) A blue container may be used only for source-separated recyclable materials. The contents of the blue container must be intended for transport, directly or indirectly, to a facility that recovers the materials designated for collection in the blue container.
(c) A green or brown container may be used only for source-separated organic materials and the contents of green or brown-lidded containers must be intended for transport, directly or indirectly, to an organic materials management facility.
(d)(i) A color other than green, brown, blue, black, or gray may be used only in accordance with any statewide standards that the department elects to develop.
(ii) A jurisdiction may petition the department to continue the use of a dark green color for solid waste other than source-separated recyclable materials, and the department must grant the petition upon determining that the dark green color is easily distinguishable from a light green or brown color used by the jurisdiction for source-separated organic materials.
(e) The department may determine the appropriate container color to be used for materials that could conceivably be placed in multiple types of containers specified in (a) through (d) of this subsection.
(3)(a) By January 1, 2028, each container for curbside, commercial, or public place waste collection must bear a clear and conspicuous label on each container and lid, using background colors or a font that matches the coloring arrangement for containers and lids specified in subsection (2) of this section, specifying the categories of materials that are allowed to be placed in the container. The requirements of this subsection (3) may be satisfied by:
(i) A label placed on a container that includes either written text or graphic images, or both, that indicate the primary categories of materials accepted in that container; or
(ii) Imprinted text or graphic images that indicate the primary categories of materials accepted in that container.
(b) A container with a volume of at least one cubic yard must feature an area with a minimum of one foot by one foot area that contains the label required in (a) of this subsection, and label text with a font height of at least 5 inches.
(c) A container that is located indoors and does not have a lid or that contains multiple compartments must feature a visible label placed in proximity to the location in which solid waste is intended to be deposited.
(d) The requirements of this subsection (3) do not apply to a solid waste collection container that a jurisdiction plans to remove from service prior to January 1, 2030, in order to be consistent with the color-coding provisions of subsection (2) of this section.
(e) Local jurisdictions planning under this chapter are encouraged to provide labels under this subsection:
(i) In multiple languages; and
(ii) That specify the individual types of materials within each category of material that may be placed in each type of solid waste collection container.
(4) Carpets, noncompostable paper, and hazardous wood waste may not be collected in a green or brown container. The department may adopt rules to prohibit additional waste stream contaminants from being placed in a green or brown container or a blue container.
(5) Notwithstanding the applicability of an exemption under subsections (1) through (3) of this section, the contents of containers used for the collection of source-separated recyclable materials must be intended for transport to a facility that recovers the corresponding materials, and the contents of containers used for the collection of organic materials must be intended for transport, directly or indirectly, to an organic materials management facility.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a)(i) "Blue container" means a container where the body of the container is blue and the lid is blue or black in color.
(ii) Hardware, such as hinges and wheels on a blue-lidded container, may be any color.
(b)(i) "Green or brown container" means a container where the body of the container is green or brown and the lid is green, brown, or black in color.
(ii) Hardware, such as hinges and wheels on a green or brown-lidded container, may be any color.
(c)(i) "Gray or black container" means a container where the body of the container is gray or black and the lid is gray or black in color.
(ii) Hardware, such as hinges and wheels on a gray or black-lidded container, may be any color.
(iii) A galvanized metal container or lid that is unpainted and gray or silver in appearance is considered to be a gray container or lid for purposes of this section.
[ 2025 c 314 s 3.]
Notes:
Findings—Intent—2025 c 314: See note following RCW 70A.207.050.

catchline: Collection bins—Color coding requirements.


title: RCW 70A.205.760

text:
The governing body of each county or city may require the owners or operators of new or existing multifamily residential buildings to do any combination of the following:
(1) Provide adequate space for the colocation of organic materials waste and recycling collection containers with garbage containers, or if colocation is not possible, requiring the posting of signage notifying residents of where organic materials waste and recycling containers are located;
(2) Identify organic materials waste collection containers with appropriate and accurate signage and color to differentiate between organic materials waste, recycling, and garbage collection containers; or
(3) Annually provide waste sorting educational material to building residents.
[ 2025 c 314 s 6.]
Notes:
Findings—Intent—2025 c 314: See note following RCW 70A.207.050.

catchline: Multifamily residential buildings—Requirements for organic materials waste and recycling collection containers.


title: RCW 70A.205.900

text:
Nothing in this act shall be deemed to change the authority or responsibility of the Washington utilities and transportation commission to regulate all intrastate carriers.
[ 1969 ex.s. c 134 s 27. Formerly RCW 70.95.900.]

catchline: Authority and responsibility of utilities and transportation commission not changed.


title: RCW 70A.205.901

text:
Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation.
[ 1989 c 431 s 32. Formerly RCW 70.95.903.]

catchline: Application of chapter—Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation.


title: RCW 70A.205.902

text:
Nothing in this chapter is applicable to steel slag that is a primary product of production in the electric arc steel-making process, produced to specification, managed as an item of commercial value, and placed in commerce for general public consumption, provided that such steel slag material is not abandoned, discarded, or placed in the solid waste stream.
[ 2016 c 165 s 1. Formerly RCW 70.95.904.]

catchline: Application of chapter—Steel slag.


title: RCW 70A.207.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Center" means the Washington center for sustainable food management.
(2) "Department" means the department of ecology.
(3) "Organic material" has the same definition as provided in RCW 70A.205.015.
(4) "Plan" means the use food well Washington plan developed under RCW 70A.205.715.
[ 2022 c 180 s 401.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Definitions.


title: RCW 70A.207.020

text:
(1) The Washington center for sustainable food management is established within the department.
(2) The purpose of the center is to help coordinate statewide food waste reduction.
(3) The center may perform the following activities:
(a) Coordinate the implementation of the plan;
(b) Draft plan updates and measure progress towards actions, strategies, and the statewide goals established in RCW 70A.205.007 and 70A.205.715(1);
(c) Maintain a website with current food waste reduction information and guidance for food service establishments, consumers, food processors, hunger relief organizations, and other sources of food waste;
(d) Provide staff support to multistate food waste reduction initiatives in which the state is participating;
(e) Maintain the consistency of the plan and other food waste reduction activities with the work of the Washington state conservation commission's food policy forum;
(f) Facilitate and coordinate public-private and nonprofit partnerships focused on food waste reduction, including through voluntary working groups;
(g) Collaborate with federal, state, and local government partners on food waste reduction initiatives;
(h) Develop and maintain maps or lists of locations of the food systems of Washington that identify food flows, where waste occurs, and opportunities to prevent food waste;
(i)(i) Collect and maintain data on food waste and wasted food in a manner that is generally consistent with the methods of collecting and maintaining such data used by federal agencies or in other jurisdictions, or both, to the greatest extent practicable;
(ii) Develop measurement methodologies and tools to uniformly track food donation data, food waste prevention data, and associated climate impacts resultant from food waste reduction efforts;
(j) Research and develop emerging organic materials and food waste reduction markets;
(k)(i) Develop and maintain statewide food waste reduction and food waste contamination reduction campaigns, in consultation with other state agencies and other stakeholders, including the development of waste prevention and food waste recovery promotional materials for distribution. These promotional materials may include online information, newsletters, bulletins, or handouts that inform food service establishment operators about the protections from civil and criminal liability under federal law and under RCW 69.80.031 when donating food; and
(ii) Develop guidance to support the distribution of promotional materials, including distribution by:
(A) Local health officers, at no cost to regulated food service establishments, including as part of normal, routine inspections of food service establishments; and
(B) State agencies, including the department of health and the department of agriculture, in conjunction with their statutory roles and responsibilities in regulating, monitoring, and supporting safe food supply chains and systems;
(l) Distribute and monitor grants dedicated to food waste prevention, rescue, and recovery, which must include the programs described in RCW 70A.207.040 and 70A.207.050;
(m) Provide staff support to the work group created in section 701, chapter 341, Laws of 2024; and
(n) Research and provide education, outreach, and technical assistance to local governments in support of the adoption of solid waste ordinances or policies that establish a financial disincentive for the generation of organic waste and for the ultimate disposal of organic materials in landfills.
(4) The department may enter into an interagency agreement with the department of health, the department of agriculture, or other state agencies as necessary to fulfill the responsibilities of the center.
(5) The department may adopt any rules necessary to implement this chapter including, but not limited to, measures for the center's performance.
[ 2024 c 341 s 203; 2022 c 180 s 402.]
Notes:
Findings—2024 c 341: See note following RCW 70A.207.040.
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Washington center for sustainable food management—Established—Purpose—Authorized activities—Rules.


title: RCW 70A.207.030

text:
(1) By January 1, 2025, and in consultation with the office of the attorney general, the department must research and adopt several model ordinances for optional use by counties and cities that provide for model mechanisms for commercial solid waste collection and disposal that are designed, in part, to establish a financial disincentive or other disincentives for the generation of organic waste and for the ultimate disposal of organic materials in landfills. The model ordinances must be designed to provide options that might be preferred by jurisdictions of different sizes and consider other key criteria applicable to local solid waste management circumstances.
(2)(a) The department must review the model ordinances created in this section under the provisions of chapter 43.21C RCW.
(b) A county or city that adopts a model ordinance created by the department under this section and that has been reviewed by the department under the provisions of chapter 43.21C RCW is not required to review the ordinance under the provisions of chapter 43.21C RCW.
(3) No city, town, or county is required to adopt the model ordinances created in this section.
[ 2022 c 180 s 405.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Model ordinances—Mechanisms for commercial solid waste collection and disposal.


title: RCW 70A.207.040

text:
(1) The department, through the center, must develop and administer grant programs to support activities that reduce emissions from landfills and waste-to-energy facilities through the diversion of organic materials and food waste prevention, rescue, and recovery. The department must seek stakeholder input in the design, criteria, and logistics associated with each grant program. The department must allocate grant funding across the eligible categories specified in subsection (2) of this section in a manner consistent with legislative appropriations, and that achieves the following priorities:
(a) Maximizing greenhouse gas emission reductions;
(b) Eliminating barriers to the rescue and consumption of edible food that would otherwise be wasted;
(c) Developing stable funding programs for the department to administer and stable funding opportunities for potential fund recipients to be aware of; and
(d) Preferences the following management options, in order of most preferred to least preferred:
(i) Prevents wasted food;
(ii) Donates or upcycles food;
(iii) Feeds animals or leaves food unharvested;
(iv) Composts or anaerobically digests materials with beneficial use of the compost, digestate, or biosolids;
(v) Anaerobically digests materials with the disposal of digestate or biosolids, or applies material to the land;
(vi) Sends materials down the drain, to landfills, or incinerates material, with or without accompanying energy recovery.
(2) Subject to the availability of amounts appropriated for this specific purpose, grants under this section may be awarded to the following categories of activities:
(a) Projects to prevent the surplus of unsold, uneaten food from food businesses or to standardize and improve the operating procedures associated with food donations, including efforts to standardize collection bins, provide staff training for food donors or food rescue organizations, or make other changes to increase the efficiency or efficacy of food donation procedures. Local governments, federally recognized Indian tribes and federally recognized Indian tribal government entities, nonprofit organizations, and generators of unwanted edible food are eligible applicants for grants under this subsection. Equipment and infrastructure purchases, training costs, costs associated with the development and deployment of operating protocols, and employee staff time reimbursement are eligible uses of grant funding under this subsection;
(b)(i) Projects to improve and reduce the transportation of donated foods and management of cold chains across the donated food supply chain, including through food rescue organizations. Local governments, federally recognized Indian tribes and federally recognized Indian tribal government entities, nonprofit organizations, transporters of unwanted edible food, and generators of unwanted edible food are eligible applicants for grants under this subsection. Eligible uses of grant funding under this subsection include the acquisition of vehicles, cold-storage equipment, real estate, and technology to support donated food storage and transportation system improvements.
(ii) Grants under this subsection (2)(b) may not be used for the purchase or lease of equipment that relies on a fuel source other than electricity or the purchase or lease of vehicles other than zero emission vehicles;
(c)(i) Grant programs to support the establishment and expansion of wasted food reduction programs to benefit vulnerable communities. This grant program must be developed in consultation with the department of health and food policy stakeholders.
(ii) Nonprofit organizations, businesses, associations, federally recognized Indian tribes and federally recognized Indian tribal government entities, and local governments are eligible to receive grants under this subsection. Eligible uses of the funds may include community food hub development projects, cold food storage capacity, refrigerated transport capacity, convenings to inform innovation in wasted food reduction in retail and food service establishments, and pilot projects to reduce wasted food. No more than 20 percent of funds allocated under this subsection (2)(c) may be awarded to a single grant recipient; and
(d) Food waste tracking and analytics pilot project grants. Local governments, federally recognized Indian tribes and federally recognized Indian tribal government entities, nonprofit organizations, transporters of unwanted edible food, and generators of unwanted edible food are eligible applicants for grants under this subsection. Eligible uses of grant funding under this subsection include staff time and technology to improve food waste prevention or improve tracking of food donations through the food supply chain and to provide data useful to enabling more efficient and effective outcomes for the provision of food available for rescue.
(3) The department may establish additional eligibility criteria or application process requirements beyond those described in subsection (2) of this section for a category or categories of activity. The department may, as a condition of the award of a grant under this section, require the reporting of information to the department regarding the outcomes of the funded activities.
(4) The department may award grants to eligible applicants meeting the minimum qualifying criteria on a competitive basis, or to applicants on a noncompetitive basis, or both. Within each category of activity described in subsection (2) of this section, the department must prioritize grant applications that benefit overburdened communities as defined in RCW 70A.02.010 as identified by the department in accordance with RCW 70A.02.050.
[ 2024 c 341 s 201.]
Notes:
Findings—Intent—2024 c 341: "(1) The legislature finds:
(a) Washington is now experiencing the effects of a climate crisis: Hotter summers with record-breaking temperatures, devastating fires, drought conditions, and rising sea levels that erode our coastlines and are causing some communities to move upland;
(b) Methane is a potent greenhouse gas and landfills are documented by the United States environmental protection agency to be the 3rd largest human-made source, with food, yard waste, and other plant-based organic material degrading in landfills to methane;
(c) Food waste is a major issue in the United States and globally, that, according to the food and agriculture organization of the United Nations, unwanted and discarded food squanders resources, including water, land, energy, labor, and capital, estimated that one-third of the food produced in the world for human consumption, about 1,300,000,000 tons, is lost or wasted every year, and the food loss and waste in industrialized countries equates to a value of approximately $680,000,000,000;
(d) The Harvard University food law and policy clinic has estimated that 40 percent of the food supply in the United States is not eaten and that according to the United States environmental protection agency and the United States department of agriculture, food loss and waste is the single largest component of disposed municipal solid waste in the United States;
(e) In 2015, that the administrator of the United States environmental protection agency and the secretary of the United States department of agriculture announced a national goal of reducing food waste by 50 percent by the year 2030. In 2019, Washington established the same goal in RCW 70A.205.715;
(f) Compost and other products of organic material management facilities have beneficial applications and can improve soil health, water quality, and other environmental outcomes. However, in order for the products of organic material management facilities to lead to improved environmental outcomes and for the economics of the operations of these facilities to pencil out, it is important that inbound sources of organic material waste are free of plastic contamination, pesticides, and other materials that will reduce compost quality; and
(g) Farmers, processors, retailers, and food banks in Washington are leaders in addressing this issue, and in 2022, with the enactment of chapter 180, Laws of 2022 (Engrossed Second Substitute House Bill No. 1799), Washington took significant steps towards the improvement of organic material management systems.
(2) It is the legislature's intent to provide additional tools and financial resources to build on this progress in coming years by:
(a) Creating a variety of grant programs to support food waste reduction, food rescue, and other organic material management system improvements, including grants to support the implementation of new policy requirements related to organic material management;
(b) Amending solid waste management requirements in support of improved organic material management outcomes, including through the statewide standardization of colors and labels for organic, recycling, and garbage bins, and amending the organic material management service requirements in local jurisdictions and that apply to businesses;
(c) Making changes to product degradability labeling requirements; and
(d) Continuing to discuss how to maximize donations of food from generators of unwanted edible food.
(3) It is the legislature's intent for the following management option preferences to apply to the management of food under this act, including the provisions of law being amended by this act, in order of most preferred to least preferred:
(a) Prevents wasted food;
(b) Donates or upcycles food;
(c) Feeds animals or leaves food unharvested;
(d) Composts or anaerobically digests materials with beneficial use of the compost, digestate, or biosolids;
(e) Anaerobically digests materials with the disposal of digestate or biosolids, or applies material to the land; and
(f) Sends materials down the drain, to landfills, or incinerates material, with or without accompanying energy recovery." [ 2024 c 341 s 101.]

catchline: Grant programs—Diversion of organic materials.


title: RCW 70A.207.050

text:
(1) The department, through the center, must develop and administer grant programs to support the implementation of the requirements of chapter 314, Laws of 2025, including the requirements of RCW 70A.205.750, chapter 341, Laws of 2024, and chapter 180, Laws of 2022, with priority given to grants that support the implementation of RCW 70A.205.540 and 70A.205.545. Eligible recipients of grants under this section may include businesses that are subject to organic material management requirements, local governments, federally recognized Indian tribes and federally recognized Indian tribal government entities, nonprofit organizations, or organic material management facilities. Eligible expenses by grant recipients include education, outreach, technical assistance, indoor and outdoor infrastructure, transportation and processing infrastructure, and enforcement costs.
(2) The department may not require, as a condition of financial assistance under this section, that matching funds be made available by a local government recipient. The department must provide assistance to each local government that demonstrates eligibility for grant assistance under this section.
(3) An entity that is not in compliance with the requirements of RCW 70A.205.750 is not eligible to receive funding under this section.
[ 2025 c 314 s 2; 2024 c 341 s 202.]
Notes:
Findings—Intent—2025 c 314: "The legislature finds that the state has established goals for the reduction of food waste and wasted food, and management of organic materials. The legislature also finds that it has enacted significant policies in recent years that are already showing promise in helping the state to achieve its food waste, wasted food, and organic materials management goals. More work, however, remains to be done in the organic materials management space, including the refinement of policies enacted in recent years to make the envisioned programs more efficient, implementable, comprehensive, and effective. Therefore, it is the intent of the legislature to take another step forward on the path toward more environmentally and economically sustainable food and organic materials management systems by enacting additional incremental policy changes to this end." [ 2025 c 314 s 1.]
Findings—Intent—2024 c 341: See note following RCW 70A.207.040.

catchline: Grant programs—Eligible recipients.


title: RCW 70A.208.010

text:
(1) The legislature finds that, as of 2025:
(a) Washington's statewide waste recovery rate has been generally static since 2011 and Washington is not meeting the statewide goal of 50 percent recycling established in 1989; and
(b) Many residents, particularly those who live in rural areas and in multifamily residences, do not have access to convenient or affordable curbside recycling, and must rely on taking recyclables to drop box locations, and that extended producer responsibility programs could make curbside recycling available and affordable for most people in the state.
(2)(a) It is the intent of the legislature to require extended producer responsibility programs for consumer packaging and paper products to be implemented in a manner that involves producers in material management from design concept to end of life.
(b) It is intended that these programs be responsibly planned and funded in a manner that minimizes negative impacts to the environment and minimizes risks to public health and worker health and safety. It is also intended that these programs build and expand on the existing waste and recycling system's infrastructure and reliance on the authority of local governments and the utilities and transportation commission in solid waste management.
(c) It is the intent of the legislature that Washington should maintain the successful public-private partnership between state, local government, and solid waste and recycling service providers. The legislature does not intend to diminish or displace the primary role of the utilities and transportation commission and local governments in regulating or contracting directly with service providers for the curbside collection of residential recyclables. Local governments maintain their existing authority to collect, contract for collection with solid waste and recycling service providers, or defer to solid waste collection services regulated by the utilities and transportation commission.
(3) It is the intent of the legislature for the 2029 legislature to consider the draft plans submitted by producer responsibility organizations to the department of ecology in October 2028, prior to the approval of such plans by the department of ecology taking effect. It is the intent of the legislature for the 2029 legislature to consider the draft plans submitted in October 2028 and the independent analysis carried out by January 2029, of those submitted draft plans, in order for the 2029 legislature to determine whether to amend the requirements of this chapter, to make other recycling policy changes including the potential establishment of a bottle deposit return program, or to allow that the proposed plan and program under this chapter be implemented in full.
[ 2025 c 316 s 101.]

catchline: Findings—Intent.


title: RCW 70A.208.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advisory council" means the council established in RCW 70A.208.050.
(2) "Alternative recycling process" means a recycling process that occurs other than through purely physical means.
(3)(a) "Beverage" means a drinkable liquid intended for human oral consumption.
(b) "Beverage" does not include: (i) A drug regulated under the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 301 et seq.; (ii) 100 percent fluid milk; (iii) infant formula; or (iv) a meal replacement liquid.
(4) "Beverage container" means any container in which a producer originally prepackaged and sealed a beverage.
(5) "Brand" means a name, symbol, word, logo, or mark that identifies an item and attributes the item and its components, including packaging, to the brand owner of the item.
(6) "Collection rate" means the amount of a covered material by covered materials type collected by service providers and transported for recycling or composting divided by the total amount of the type of a covered material by covered materials type introduced by the relevant unit of measurement established in the plan.
(7) "Compostable" means a product that is capable of composting in a composting system and is in compliance with the requirements for a product labeled as compostable under chapter 70A.455 RCW.
(8) "Composting" means the controlled microbial degradation of source separated compostable materials to yield a humus-like product.
(9) "Composting rate" means the amount of compostable covered material that is managed through composting, divided by the total amount of compostable covered material introduced by the relevant unit of measurement.
(10) "Composting system" means a system meeting the requirements of chapter 70A.205 RCW applicable to facilities that treat solid waste for composting.
(11) "Contamination" means:
(a) The presence of materials that are not on the list of materials collected in that material stream; or
(b) The presence of materials that are not specified or accepted as a component of the feedstock or commodity.
(12) "Covered entity" means a person or location that receives covered services for covered materials in accordance with the requirements of this chapter, including:
(a) A single-family residence;
(b) A multifamily residence; and
(c) A public place where a government entity managed recycling collection receptacles as of August 1, 2025, and any additional public place identified in an approved plan.
(13)(a) "Covered material" means packaging and paper products introduced into the state.
(b) "Covered material" does not include exempt materials.
(14) "Covered materials type" means a singular and specific type of material, such as paper, plastic, metal, or glass, that is a covered material and that:
(a) May be categorized based on distinguishing chemical or physical properties, including properties that allow a covered materials type to be aggregated into a discrete commodity category for purposes of reuse, recycling, or composting; and
(b) Is based on similar uses in the form of a product or packaging.
(15)(a) "Covered services" means collecting, transferring, transporting, sorting, processing, recovering, preparing, or otherwise managing for purposes of waste reduction, refill, reuse, recycling, composting, or disposal of contamination or residuals.
(b) Except with regard to contamination, "covered services" do not include:
(i) Resource recovery through mixed municipal solid waste composting or incineration; or
(ii) Land disposal.
(16) "De minimis producer" means a producer that:
(a) In their most recent fiscal year introduced less than one ton of covered materials;
(b) Has a global gross revenue, not including on-premises alcohol sales, for the prior fiscal year of:
(i) Until January 1, 2031, less than $5,000,000; or
(ii) Beginning January 1, 2031, less than $5,000,000, as adjusted for inflation. The department must use the consumer price index for urban wage earners to calculate the annual rate of inflation adjustment effective January 1st of each year, beginning January 1, 2031; or
(c) Is an agricultural employer, as defined in RCW 19.30.010, regardless of where the agricultural employer is located, with less than $5,000,000, as adjusted for inflation as described in (b) of this subsection, in gross revenue in Washington from consumer sales of agricultural commodities sold under the brand name of the agricultural employer.
(17) "Department" means the department of ecology.
(18) "Drop-off collection site" means a physical location where covered materials are accepted from the public and that is open a minimum of 12 hours weekly throughout the year.
(19) "Exempt materials" means materials, or any portion of materials, that are:
(a) Packaging for infant formula, as defined in 21 U.S.C. Sec. 321(z);
(b) Packaging for medical food, as defined in 21 U.S.C. Sec. 360ee(b)(3);
(c) Packaging for a fortified oral nutritional supplement used by persons who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined by the International Classification of Diseases, tenth revision;
(d) Packaging for a product regulated as a drug, medical device, or dietary supplement by the United States food and drug administration, including associated components and consumable medical equipment, under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 321 et seq.), or a product regulated as a biologic or vaccine by the United States food and drug administration under the public health service act (42 U.S.C. Sec. 201 et seq.);
(e) Packaging for a medical equipment or product used in medical settings that is regulated by the United States food and drug administration, including associated components and consumable medical equipment;
(f) Packaging for drugs, biological products, parasiticides, medical devices, or in vitro diagnostics that are used to treat, or that are administered to, animals and are regulated by the United States food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) and by the United States department of agriculture under the federal virus-serum-toxin act (21 U.S.C. Sec. 151 et seq.);
(g) Noncompostable film plastic packaging used in direct contact with raw meat;
(h) Packaging for products regulated by the United States environmental protection agency under the federal insecticide, fungicide, and rodenticide act (7 U.S.C. Sec. 136 et seq.);
(i) Packaging used to contain liquefied petroleum gas and are designed to be refilled;
(j) Packaging used to contain hazardous or flammable products classified by the 2012 federal occupational safety and health administration hazard communication standard, 29 C.F.R. Sec. 1910.1200 (2024), that prevent the packaging from being reduced or made reusable, recyclable, or compostable, as determined by the department;
(k) Packaging that is associated with products managed through a paint stewardship plan approved under chapter 70A.515 RCW;
(l) Excluded materials, as determined by the department under RCW 70A.208.260;
(m) Used to protect or store a durable product for a period of at least five years;
(n) Packaging used for bulk construction materials;
(o) Covered materials that:
(i) A producer distributes to another producer;
(ii) Are subsequently used to contain a product and the product is distributed to a commercial or business entity for the production of another product; and
(iii) Are not introduced to a person other than the commercial or business entity that first received the product used for the production of another product; and
(p) Covered materials for which the producer demonstrates to the department that the covered material meets all of the following criteria:
(i) The material is not collected through a residential recycling collection service;
(ii) The material is recycled at a responsible market;
(iii) The material is intended to be used and collected within a commercial setting;
(iv)(A) The producer annually demonstrates to the department that the material has had a state recycling rate of 65 percent for three consecutive years, until December 31, 2029. Beginning January 1, 2030, the producer must demonstrate to the department every two years that the material has had a state recycling rate of at least 70 percent annually; or
(B) The producer annually demonstrates to the department that the material is directly managed by the producer and has had a reuse or recycling rate of 65 percent for three consecutive years, until December 31, 2029. Beginning January 1, 2030, the producer must demonstrate to the department every two years that the material controlled by the producer has had a reuse or recycling rate of at least 70 percent annually; and
(v) If only a portion of the material sold in or into the state by a producer meets the criteria of (p)(i) of this subsection, only the portion of the material that meets that criteria is an exempt material and any portion that does not meet the criteria is a covered material for purposes of this chapter.
(20) "Government entity" means any:
(a) County, city, town, or other local government, including any municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency;
(b) State office, department, division, bureau, board, commission, or other state agency;
(c) Federally recognized Indian tribe whose traditional lands and territories include parts of Washington; or
(d) Federal office, department, division, bureau, board, commission, or other federal agency.
(21) "Individual plan" means a plan submitted by a producer that registers with the department as a producer responsibility organization to address the covered materials of the producer.
(22) "Introduce" means to sell, offer for sale, distribute, or ship a product within or into this state.
(23) "Material recovery facility" means any facility that receives, compacts, repackages, or sorts source separated solid waste for the purpose of recycling.
(24) "Overburdened communities" means the overburdened communities identified and prioritized by the department under RCW 70A.02.050(1)(a).
(25)(a) "Packaging" means a material, substance, or object that is used to protect, contain, transport, serve, or facilitate delivery of a product and is sold or supplied with the product to the consumer for personal, noncommercial use.
(b) "Packaging" does not include exempt materials.
(26) "Paper product" means paper sold or supplied to a consumer for personal, noncommercial use, including flyers, brochures, booklets, catalogs, magazines, printed paper, and all other paper materials except for: (a) Bound books; (b) conservation-grade and archival-grade paper; (c) newspapers, including supplements or enclosures; (d) magazines that have a circulation of fewer than 95,000 and that includes content derived from primary sources related to news and current events; (e) copy paper; (f) paper for use in building construction; and (g) paper that could reasonably be anticipated to become unsafe or unsanitary to handle.
(27)(a) "Plastic source reduction" means the reduction in the amount of covered plastic material introduced by a producer relative to a baseline year of 2023, or relative to an alternative baseline year of no earlier than 2013 where a producer submits data documenting the plastic source reduction to a producer responsibility organization. Methods of source reduction include, but are not limited to, shifting covered material to reusable or refillable packaging or a reusable product, eliminating unnecessary packaging, or reducing the packaging to product ratio. "Plastic source reduction" must include elimination, which means the removal of plastic covered materials.
(b) "Plastic source reduction" does not include either of the following:
(i) Replacing a recyclable or compostable covered material with a nonrecyclable or noncompostable covered material or a covered material that is less likely to be recycled or composted; or
(ii) Switching from virgin covered material to postconsumer recycled content, except as allowed under an alternative compliance formula in RCW 70A.208.150(6).
(28) "Postconsumer recycled content" has the same meaning as defined in RCW 70A.245.010.
(29)(a) "Producer" means the following person responsible for compliance with requirements under this chapter for a covered material introduced into the state:
(i) For items sold in or with packaging at a physical retail location in this state:
(A) If the item is sold in or with packaging under the brand of the item manufacturer or is sold in packaging that lacks identification of a brand, the producer is the person that manufactures the item;
(B) If there is no person to which (a)(i)(A) of this subsection applies, the producer is the person that is licensed to manufacture and sell or offer for sale to consumers in this state an item with packaging under the brand or trademark of another manufacturer or person;
(C) If there is no person to which (a)(i)(A) or (B) of this subsection applies, the producer is the brand owner of the item;
(D) If there is no person described in (a)(i)(A), (B), or (C) of this subsection within the United States, the producer is the person who is the importer of record for the item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state; or
(E) If there is no person described in (a)(i)(A) through (D) of this subsection, the producer is the person that first distributes the item in or into this state;
(ii) For items sold or distributed in packaging in or into this state via e-commerce, remote sale, or distribution:
(A) For packaging used to directly protect or contain the item, the producer of the packaging is the same as the producer identified under (a)(i) of this subsection; and
(B) For packaging used to ship the item to a consumer, the producer of the packaging is the person that packages the item to be shipped to the consumer;
(iii) For packaging that is a covered material and is not included in (a)(i) and (ii) of this subsection, the producer of the packaging is the person that first distributes the item in or into this state;
(iv) For paper products that are magazines, catalogs, telephone directories, or similar publications, the producer is the publisher;
(v) For paper products not described in (a)(iv) of this subsection:
(A) If the paper product is sold under the manufacturer's own brand, the producer is the person that manufactures the paper product;
(B) If there is no person to which (a)(v)(A) of this subsection applies, the producer is the person that is the owner or licensee of a brand or trademark under which the paper product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state;
(C) If there is no person to which (a)(v)(A) or (B) of this subsection applies, the producer is the brand owner of the paper product;
(D) If there is no person described in (a)(v)(A), (B), or (C) of this subsection within the United States, the producer is the person that imports the paper product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the paper product in this state; or
(E) If there is no person described in (a)(v)(A) through (D) of this subsection, the producer is the person that first distributes the paper product in or into this state;
(vi) A person is the "producer" of a covered material sold, offered for sale, or distributed in or into this state, as defined in (a)(i) through (v) of this subsection, except:
(A) Where another person has mutually signed an agreement with a producer as defined in (a)(i) through (v) of this subsection that contractually assigns responsibility to the person as the producer, and the person has joined a registered producer responsibility organization as the responsible producer for that covered material under this chapter. If another person is assigned responsibility as the producer under this subsection, the producer under (a)(i) through (v) of this subsection must provide written certification of that contractual agreement to the producer responsibility organization. The following persons are not eligible to be the assigned recipient of responsibility as a producer under this subsection: (I) A person who produces an agricultural commodity introduced under the brand or trademark of another manufacturer or person; or (II) a distributor of a beverage sold in a beverage container; and
(B) If the producer described in (a)(i) through (v) of this subsection is a business operated wholly or in part as a franchise, the producer is the franchisor, if that franchisor has franchisees that have a commercial presence within the state.
(b) "Producer" does not include:
(i) Government entities;
(ii) Registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations; or
(iii) De minimis producers.
(30) "Producer responsibility organization" means:
(a) A nonprofit organization that qualifies for a tax exemption under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code and is designated by a producer or group of producers to fulfill the requirements of this chapter;
(b) A producer that registers with the department as a producer responsibility organization and implements an individual plan addressing the covered materials of the producer; or
(c) An organization as defined by the department by rule.
(31) "Program" means the activities conducted to implement an approved plan.
(32)(a) "Public place" means an indoor or outdoor location open to and generally used by the public and to which the public is permitted to have access including, but not limited to, streets, sidewalks, plazas, town squares, public parks, beaches, forests, or other public land open for recreation or other uses, and transportation facilities such as bus and train stations, airports, and ferry terminals.
(b) "Public place" does not include a retail establishment or industrial, commercial, or privately owned property that is not required to be accessible to the public.
(33) "Recycling" means transforming or remanufacturing covered materials into usable or marketable materials for use other than landfill disposal or incineration and does not include reuse or composting.
(34) "Recycling rate" means the amount of covered materials, in aggregate or by individual covered materials type, delivered to responsible markets for recycling in a calendar year divided by the total amount of covered materials introduced by the relevant unit of measurement and excluding covered materials that are reusable or compostable.
(35) "Refill" means the continued use of a covered material by a consumer through a system that is:
(a) Intentionally designed and marketed for repeated filling of a covered material to reduce demand for new production of the covered material;
(b) Supported by adequate logistics and infrastructure to provide convenient access to consumers; and
(c) Compliant with all applicable federal, state, and local statutes, rules, ordinances, and other laws governing health and safety.
(36) "Responsible market" means an entity that:
(a) First produces and sells, transfers, or uses recycled organic product or recycled content feedstock that meets the quality standards necessary to be used in the creation of new or reconstituted products;
(b) Complies with all applicable federal, state, and local statutes, rules, ordinances, and other laws governing environmental, health, safety, and financial responsibility;
(c) If the market operates in the state, manages waste according to the state's solid waste management hierarchy established in RCW 70A.205.005; and
(d) Meets the minimum operational standards adopted under a producer responsibility organization plan to protect the environment, public health, worker health and safety, and minimize adverse impacts to socially vulnerable populations.
(37) "Responsible producer" means a producer that is not a de minimis producer.
(38) "Retail establishment" includes any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer.
(39) "Return rate" means the amount of reusable covered material in aggregate or by individual covered materials type, collected for reuse by a producer or service provider in a calendar year, divided by the total amount of reusable covered materials introduced by the relevant unit of measurement.
(40) "Reusable" means capable of reuse.
(41) "Reuse" means the return of a covered material to the marketplace and the continued use of the covered material by a producer or service provider when the covered material is:
(a) Intentionally designed and marketed to be used multiple times for its original intended purpose without a change in form;
(b) Designed for durability and maintenance to extend its useful life and reduce demand for new production of the covered material;
(c) Supported by adequate logistics and infrastructure at a retail location, by a service provider, or on behalf of or by a producer, that provides convenient access for consumers; and
(d) Compliant with all applicable federal, state, and local statutes, rules, ordinances, and other laws governing health and safety.
(42) "Reuse rate" means the share of units of a reusable covered material introduced into the state in a calendar year that are demonstrated and deemed reusable in accordance with an approved plan.
(43) "Service provider" means an entity that provides covered services for covered materials. A government entity that provides, contracts for, or otherwise arranges for another party to provide covered services for covered materials within its jurisdiction may be a service provider regardless of whether it provided, contracted for, or otherwise arranged for similar services before the approval of the applicable plan.
(44) "Socially vulnerable population" means:
(a) Any person residing in:
(i) A census tract that contains a high overall social vulnerability index as measured using the United States centers for disease control and the agency for toxic substances and disease registry's social vulnerability index, as it existed as of January 1, 2025, for the most recent year such data are available; or
(ii) As applicable, an alternative population specified in RCW 70A.208.270; or
(b) Any person that has an income below the minimum necessary for a household based on family composition in a given geography to adequately meet their basic needs without public or private assistance, as measured by the University of Washington's center for women's welfare, for the most recent year such data are available.
(45) "Third-party certification" means certification by an accredited independent organization that a standard or process required by this chapter, or by a plan approved under this chapter, has been achieved.
(46) "Toxic substance" means chemicals that are regulated under chapter 70A.222, 70A.350, 70A.430, or 70A.560 RCW.
(47) "Vulnerable populations" has the same meaning as defined in RCW 70A.02.010.
[ 2025 c 316 s 102.]


title: RCW 70A.208.030

text:
(1) By January 1, 2026, each producer must appoint a producer responsibility organization or producer responsibility organizations to address its covered materials.
(2) By March 1, 2026, and annually thereafter, a producer responsibility organization must register with the department on behalf of its producers. A registration submission by a producer responsibility organization must include the following:
(a) Contact information for a person responsible for implementing an approved plan;
(b) A list of all member producers that have entered into written agreements to operate under an approved plan by the producer responsibility organization, copies of the written agreements for each member producer and, except in the first year of registration, a list of all brands of each producer's covered materials introduced;
(c) A plan for recruiting additional member producers and executing written agreements confirming producers will operate under an approved plan administered by the producer responsibility organization;
(d) A list of current board members and the executive director if different than the person responsible for implementing approved plans; and
(e) Documentation demonstrating adequate financial responsibility and financial controls to ensure proper management of funds and payment of the annual registration fee to the department.
(3) Notwithstanding subsections (1), (2), and (4) of this section, for purposes of the first plan implementation period, the department may not allow registration of more than one producer responsibility organization, other than an individual producer registered as a producer responsibility organization.
(4) By September 1, 2026, a producer responsibility organization must submit a one-time payment to the department, and each May 1st thereafter, a producer responsibility organization must submit an annual registration fee to fund all costs of the department to implement, administer, and enforce this chapter, including the costs of the department of labor and industries to implement and enforce RCW 49.46.380.
(5) The following persons are ineligible to serve on the board of the producer responsibility organization or to be hired as an officer or employee of the producer responsibility organization:
(a) Any state or local elected official;
(b) Any former employee of the department's solid waste program or that worked on solid waste policies for the department, if such an employee has served in that role within the most recent two calendar years; and
(c) Any former state or local elected official that has served in such a role within the most recent two calendar years.
[ 2025 c 316 s 103.]

catchline: Producer and producer responsibility organization registration.


title: RCW 70A.208.040

text:
(1) A producer must:
(a) After July 1, 2026, be a member of a producer responsibility organization registered in this state or register as a producer responsibility organization that will implement an individual plan;
(b) Through a producer responsibility organization, implement and finance a statewide program for packaging and paper products in accordance with this chapter that encourages redesign to reduce environmental impacts and human health impacts and that reduces generation of covered material waste through waste reduction, refill, reuse, recycling, and composting and by providing for the collection, transportation, and processing of used covered materials for reuse, recycling, and composting;
(c) Maintain membership with and pay fees to the producer responsibility organization under which they are registered; and
(d) Comply with all other applicable requirements under this chapter.
(2) Beginning March 1, 2029, a producer that is not a member in good standing with a registered producer responsibility organization or has not submitted an individual plan may not introduce covered materials into the state.
(3) A producer responsibility organization must:
(a)(i) Beginning March 1, 2026, register with the department;
(ii)(A) Except as provided in (a)(ii)(B) of this subsection, by September 1, 2026, submit a one-time payment to the department, to cover the costs of the department under this chapter from July 27, 2025, through June 30, 2027, including the costs determined by the department of labor and industries to implement and enforce RCW 49.46.380;
(B) By September 1, 2026, an individual producer registered as a producer responsibility organization must make a one-time payment in an amount determined by the department to cover any incremental costs to the department under this chapter from July 27, 2025, through June 30, 2027, associated with the registration of the individual producer as a producer responsibility organization;
(iii) Beginning May 1, 2027, pay an annual registration fee to the department as required under RCW 70A.208.030;
(b) Establish an initial producer fee structure to fund the initial implementation of the program, to be used until the producer responsibility program has an approved plan, and collect fees annually from registered producers;
(c) By October 1, 2028, and every five years thereafter, submit a plan that meets the requirements of this chapter to the department for approval;
(d) By January 1, 2030, or within six months of plan approval, whichever is later, implement the plan approved by the department;
(e) By July 1, 2031, and each July 1st thereafter, submit an annual report to the department for the prior calendar year;
(f) Ensure that each producer operating under a plan administered by the producer responsibility organization complies with the requirements of the plan and this chapter;
(g) Expel a producer from the producer responsibility organization if efforts to return the producer to compliance with the plan or the requirements of this chapter are unsuccessful and notify the department of the producer's expulsion;
(h) Consider and respond in writing to comments received from the advisory council, including justifications for not incorporating advisory council recommendations;
(i) Provide producers with information regarding state and federal laws that restrict toxic substances in covered materials or require postconsumer recycled content in covered materials;
(j) Notify the department within 30 days of a change made to board membership, to the executive director, or to the contact information for a person responsible for implementing the plan;
(k) Assist service providers to identify and use responsible markets;
(l) Reimburse service providers in a timely manner, at intervals no longer than monthly unless agreed to by a service provider and a producer responsibility organization;
(m) Maintain a website and implement education and outreach activities as required under RCW 70A.208.190; and
(n) Comply with all other applicable requirements of this chapter.
(4) If more than one producer responsibility organization is established under this chapter, the producers and producer responsibility organizations must establish a coordinating body and process to prevent redundancy. The coordinating body must integrate:
(a) Plans of all producer responsibility organizations into a single plan that implements all requirements of this chapter and encompasses all producers when submitted to the department for approval;
(b) Annual reports of all producer responsibility organizations into a single annual report that covers all requirements of this chapter and encompasses all producers when submitted to the department; and
(c) Payments between all registered producer responsibility organizations to achieve equitable apportionment of funding for the reuse financial assistance program and coordination of that program's administration.
(5)(a) Each producer responsibility organization must annually fund and implement a reuse financial assistance program to reduce the negative environmental impacts of covered materials through reuse. The reuse financial assistance program must collectively be funded by registered producer responsibility organizations. The funded amount must be:
(i) At least $5,000,000 beginning in 2029 and adjusted annually thereafter for inflation. The producer responsibility organization must use the consumer price index for urban wage earners to calculate the annual rate of inflation adjustment effective January 1st of each year; and
(ii) Sufficient to achieve the reuse and return rate targets and requirements established in RCW 70A.208.150. If at any point the department determines that reuse and return rate targets or statewide requirements are not met, each producer responsibility organization must increase annual contributions to and expenditures from the reuse financial assistance program.
(b) Entities eligible for reuse financial assistance include, but are not limited to:
(i) Government entities;
(ii) Tribal governments;
(iii) Nonprofit organizations; and
(iv) Private organizations.
(c) In administering the reuse financial assistance program, the producer responsibility organization must solicit applications using an open and competitive process and must select applications through an evaluation that considers criteria including, but not limited to:
(i) The environmental benefits of the activity;
(ii) The human health benefits of the activity;
(iii) The social and economic benefits of the activity;
(iv) The cost-effectiveness of the activity; and
(v) The needs of economically distressed or overburdened communities.
(d) The producer responsibility organization must consult with the advisory council in determining the criteria in (c) of this subsection, evaluating and selecting applications, and in administering the reuse financial assistance program under this subsection.
(6) A producer responsibility organization may not include on its board of directors, or otherwise be governed by, representatives or affiliates of any public or private entities that submit bids to perform work for the producer responsibility organization or that contract with the producer responsibility organization.
(7) The activities authorized by this chapter require collaboration among producers. These activities will enable the waste reduction, collection, recycling, composting, and disposal of covered materials in Washington and are therefore in the best interest of the public. The benefits of collaboration, together with active state supervision, outweigh potential adverse impacts. Therefore, the legislature exempts from state antitrust laws, and provides immunity through the state action doctrine from federal antitrust laws, activities that are undertaken in compliance with and pursuant to this chapter, including activities that are reviewed or approved by the department, that might otherwise be constrained by such laws. The legislature does not intend and does not authorize any person or entity to engage in activities not provided for by this chapter, and the legislature neither exempts nor provides immunity for such activities.
[ 2025 c 316 s 104.]

catchline: Producer and producer responsibility organization responsibilities.