Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that establishes minimum state standards for the use of plastic bags at retail establishments to reduce pollution.

Highlights:

• Prohibits a retail establishment from providing to a customer or a person at an event, beginning January 1, 2021 (Sec. 3):

• A single-use plastic carryout bag;

• A paper carryout bag or reusable carryout bag made of film plastic that does not meet recycled content requirements; or

• Beginning January 1, 2026, a reusable carryout bag made of film plastic with a thickness of fewer than 4 mils, in the event that the 2025 legislature does not amend this section to reflect the recommendations to the legislature in section 7 of this act.

• Defines “carryout bag” as any bag that is provided by a retail establishment at home delivery, the check stand, cash register, point of sale, or another point of departure to a customer for use to transport or carry away purchases (Sec. 2).

• Requires a retail establishment to collect a pass-through charge of 8 cents for every recycled content paper carryout bag with a manufacturer’s stated capacity of one-eight barrel or greater or reusable carryout bag made of film plastic it provides, until December 31, 2025 (Sec. 3).

• Requires a retail establishment to collect a pass-through charge of 12 cents for reusable carryout bags made of film plastic and eight cents for recycled content paper carryout bags, in the event that the 2025 legislature does not amend this section to reflect recommendations made to the legislature, beginning January 1, 2026 (Sec. 3).

• Specifies that carryout bags provided by a retail establishment do not include (Sec. 3):

• Bags used by consumers inside stores to:

• Package bulk items, such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items such as nails, bolts, or screws; 

• Contain or wrap items where dampness or sanitation might be a problem, including frozen foods, meat, fish, flowers, and potted plants; 

• Contain unwrapped prepared foods or bakery goods;

• Contain prescription drugs; or

• Protect a purchased item from damaging or contaminating other purchased items when placed in a recycled content paper carryout bag or reusable carryout bag; or

• Newspaper bags, mailing pouches, sealed envelopes, door hanger bags, laundry or dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, or pet waste.

• Prohibits a retail establishment from using or providing polyethylene or other noncompostable plastic bags for bagging of customer products in stores, as carryout bags, or for home delivery that does not meet the requirements highlighted for noncompostable products and film bags (Sec. 3).

• Requires the department, until June 1, 2025, to prioritize the expedited processing of applications for permits related to the expansion or reconfiguration of an existing pulp and paper mill for the purpose of manufacturing paper bags or raw materials used to manufacture paper bags (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes minimum state standards for the use of plastic bags at retail establishments to reduce pollution.

Highlights:

• Prohibits a retail establishment from providing to a customer or a person at an event, beginning January 1, 2021 (Sec. 3):

• A single-use plastic carryout bag;

• A paper carryout bag or reusable carryout bag made of film plastic that does not meet recycled content requirements; or

• Beginning January 1, 2026, a reusable carryout bag made of film plastic with a thickness of fewer than 4 mils, in the event that the 2025 legislature does not amend this section to reflect the recommendations to the legislature in section 7 of this act.

• Defines “carryout bag” as any bag that is provided by a retail establishment at home delivery, the check stand, cash register, point of sale, or another point of departure to a customer for use to transport or carry away purchases (Sec. 2).

• Requires a retail establishment to collect a pass-through charge of 8 cents for every recycled content paper carryout bag with a manufacturer’s stated capacity of one-eight barrel or greater or reusable carryout bag made of film plastic it provides, until December 31, 2025 (Sec. 3).

• Requires a retail establishment to collect a pass-through charge of 12 cents for reusable carryout bags made of film plastic and eight cents for recycled content paper carryout bags, in the event that the 2025 legislature does not amend this section to reflect recommendations made to the legislature, beginning January 1, 2026 (Sec. 3).

• Specifies that carryout bags provided by a retail establishment do not include (Sec. 3):

• Bags used by consumers inside stores to:

• Package bulk items, such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items such as nails, bolts, or screws; 

• Contain or wrap items where dampness or sanitation might be a problem, including frozen foods, meat, fish, flowers, and potted plants; 

• Contain unwrapped prepared foods or bakery goods;

• Contain prescription drugs; or

• Protect a purchased item from damaging or contaminating other purchased items when placed in a recycled content paper carryout bag or reusable carryout bag; or

• Newspaper bags, mailing pouches, sealed envelopes, door hanger bags, laundry or dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, or pet waste.

• Prohibits a retail establishment from using or providing polyethylene or other noncompostable plastic bags for bagging of customer products in stores, as carryout bags, or for home delivery that does not meet the requirements highlighted for noncompostable products and film bags (Sec. 3).

• Requires the department, until June 1, 2025, to prioritize the expedited processing of applications for permits related to the expansion or reconfiguration of an existing pulp and paper mill for the purpose of manufacturing paper bags or raw materials used to manufacture paper bags (Sec. 5).

Full Bill Text