Washington State Advances Extended Producer Responsibility Legislation Following Collaborative Development

May 1, 2025|Materials, News & Headlines, Sustainable

AMERIPEN, the only organization exclusively focused on fair policy for all stakeholders across the packaging value chain, announced today its support of paper and packaging extended producer responsibility (EPR) legislation passed by the Washington State Legislature. The association commends Washington State Representative Berry and Senator Lovelett for their leadership and collaborative efforts in advancing this legislation in partnership with a diverse coalition.

“As a state already committed to environmental responsibility and recycling, it is encouraging that Washington is taking these steps to secure a more sustainable future,” said Rob Keith, Membership and Policy Director at AMERIPEN. “This legislation supports a recycling program that is reliable, efficient, and effective, enabling producer fees to directly fund initiatives that will increase recycling and promote a more circular economy in the state.”

Washington’s new EPR legislation, known as the Recycling Reform Act, is largely modeled after Minnesota’s thoughtful 2024 Packaging Waste and Cost Reduction Act. Washington’s legislation, the 7^th packaging EPR bill passed in the country, represents a fair compromise and establishes a model of shared responsibility. These bills, together with Maryland’s recently passed SB 901, establish best practices for states exploring similar legislation in the future. AMERIPEN supports Washington Governor Bob Ferguson signing this bill into law.

Key elements of the new law include:

Producer & Producer Responsibility Organization (PRO) Timelines	By January 1, 2026, each producer of packaging and paper products (PPP) must appoint a producer responsibility organization.
Key Provisions	By October 1, 2026, Ecology must develop a list of covered materials determined to be recyclable or compostable statewide.
Performance Goals	The PRO must propose performance targets based on the statewide needs assessment. Ecology must establish statewide rate requirements and dates by which those requirements must be met for recycling, composting, reuse, return, and plastic source reduction. 8% percent of a producer responsibility organization’s plastic source reduction performance target may be met by switching from virgin material to post-consumer recycled (PCR) content.
Funding Formula (Shared-Producer Responsibility)	The PRO must provide reimbursements for covered recycling services to service providers that meet performance standards established in a PRO plan. The service provider reimbursement schedule phases in the share of the costs as covered by the PRO as follows (MN funding formula): ≥ 50% of net costs by February 15, 2030 ≥ 75% of net costs by February 15, 2031 ≥ 90% of net costs by February 15, 2032
Reuse Funding	Beginning in 2029, each PRO must annually fund and implement a Reuse Financial Assistance Program (Reuse Program). The PROs must collectively fund the Reuse Program at $5 million in 2029.

“As a lifelong advocate for responsible waste management, I’m thrilled to see SB 5284 make it to the Governor’s desk,” remarked Senator Liz Lovelett (D-Anacortes), the bill’s sponsor. “This policy symbolizes years of deep policy work and a major step forward to ensure people across Washington – urban and rural – have access to inexpensive, quality recycling services.”

The Washington packaging EPR legislation before Governor Ferguson underscores the need for each state to consider their existing infrastructure and laws when drafting new recycling, composting, and packaging policy. Considered in various forms in the state legislature for years, policymakers and constituents alike can be certain that this commonsense legislation is achievable and represents a collaborative solution between government and the packaging value chain.

“Like all parents, I’m worried about the impact litter is having on our waters, our wildlife and our little ones,” said Washington State Representative Liz Berry (D-Seattle), the House companion legislation’s sponsor. “That’s why I’m thrilled to pass this landmark legislation that will incentivize companies to move towards more sustainable packaging and reduce plastic waste. The policy will increase recycling in Washington by 26% and make our recycling system more affordable, convenient, and equitable for all.”

AMERIPEN is proud of the evidence-based advocacy offered to Representative Berry and Senator Lovelett in advancing this legislation. The association is ready to work with producers and others across the packaging value chain to implement Washington’s EPR program and other similar laws across the country. AMERIPEN will continue to work with Washington policymakers and packaging value chain partners to realize reliable, effective, and efficient packaging recovery and recycling systems that support cost effective consumer access, sortation, reprocessing, and end markets, including end market development and technology.