Just days after Maryland became the sixth state to enact legislation for extended producer responsibility (EPR) for packaging and paper products, Washington followed suit, marking its position as the seventh state to approve such a measure.
On April 23, the state legislature successfully delivered SB 5284, known as the Recycling Reform Act, to Governor Bob Ferguson’s desk.
The bill achieved a narrow victory in both the Senate and the House, passing the Senate with a vote of 27-22 on March 7 and subsequently moving through the House with a vote of 51-45 on April 14.
Following some amendments, the Senate concurred on the changes with a vote of 27-21 on April 23, finalizing the legislative process.
Governor Ferguson has a 30-day window to sign the bill once it is presented to him.
According to SB 5284’s sponsor, Senator Liz Lovelett, the bill signifies an important advancement for Washington’s environmental initiatives, paving the way for a “cleaner, more accessible, and more sustainable recycling system.”
Lovelett celebrated the legislation as a significant stride toward reducing pollution, enhancing recycling rates, and steering materials away from landfills.
The legislation aims to enhance recycling accessibility in a state where only 58% of jurisdictions currently offer curbside recycling services.
Under the terms of this EPR initiative, approximately 500,000 additional households across Washington will gain access to recycling services for the first time, particularly in rural and multifamily areas.
Representative Liz Berry has long advocated for EPR in the House and sponsored a companion bill to SB 5284 this year.
She expressed gratitude to Lovelett for her partnership in advancing the legislation, stating, “I am excited that Washington will have a better recycling system that holds producers responsible and gives all communities access to recycling.”
The features of SB 5284 align with classic elements of American EPR, including conducting needs assessments, establishing convenience standards, implementing eco-modulation of fees, mandating educational outreach, and ensuring responsible end-market management for recycled materials.
Moreover, the bill addresses future integration with a potential deposit return system for beverage containers, emphasizing that both programs should be synchronized, with a two-year transition period before implementing any DRS to avoid operational or financial disruption.
While the DRS did not pass this legislative session, with paired bills HB 1607 and SB 5502 failing to advance out of committee, SB 5284 progresses forward without it.
The timeline outlined in SB 5284 includes several key milestones: a producer responsibility organization (PRO) must be designated by January 1, 2026, accompanied by the formation of a 19-member advisory council.
The first annual registration fee for the PRO is to be submitted to the state in September 2026, and producers are required to register with the PRO by July 1, 2026.
Furthermore, the initiative mandates the development of an initial statewide collection list by October 1, 2026, followed by a preliminary needs assessment due by December 31, 2026, and a comprehensive PRO plan by October 1, 2028.
Full implementation of the program is slated for January 1, 2030.
SB 5284 does allow for multiple PROs once the initial program plan expires, enhancing flexibility in the system.
In line with social equity goals, the legislation includes requirements for an equity study and a litter tax study, ensuring that the program benefits all communities.
The statewide collection lists stipulated in the bill will differentiate materials suited for residential recycling, composting, public place collection, and alternative collection methods.
The collection goals and performance targets will be jointly determined by the PRO and the state, guided by insights from the needs assessment.
Echoing the phased-in reimbursement strategies seen in Minnesota and Maryland, the bill stipulates that the PRO must finance at least 50% of net program costs by February 15, 2030, ramping up to 75% by 2031, and 90% by 2032.
Covered materials may be exempt from this requirement if a producer demonstrates an annual recycling rate of 65% for three consecutive years, shifting to a 70% requirement every two years starting January 1, 2020.
Additionally, the PRO will be required to develop and support a reuse financial assistance program, allocating at least $5 million annually starting in 2029, adjusted for inflation.
Lastly, the bill sets a mandate for any materials recovery facility (MRF) that processes 25,000 tons or more of covered materials each year, ensuring that workers receive a compensation package equal to or surpassing industry standards, as defined by collective bargaining agreements beginning October 1, 2028.
image source from:https://resource-recycling.com/recycling/2025/04/23/washington-is-seventh-state-to-act-on-packaging-epr/