U.S. State Legislation Requires PCR

Complete State PCR Legislation

Washington State Senate Bill 5022

Bill Text: https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/Senate/5022-S2.SL.pdf?q=20220615071122

Washington Legislature page: https://app.leg.wa.gov/billsummary?BillNumber=5022&Initiative=false&Year=2021

The legislature finds that minimum recycled content requirements for plastic beverage containers, trash bags, and household cleaning and personal care product containers, bans on problematic and unnecessary plastic packaging, and standards for customer opt-in for food service packaging and accessories are among actions needed to improve the state’s recycling system as well as reduce litter.

• Administered by Washington State Department of Ecology
• Plastic Beverage Container = a bottle or other rigid container that is capable of maintaining its shape when empty, comprised solely of one or multiple plastic resins designed to contain a beverage.
  • “Plastic Beverage Container” does not include liners, caps, corks, closures, labels and other items added externally or internally but otherwise separate from the structure of the bottle or container. (Not subject to PCR content requirements).
• PCR Content Requirements for beverage containers
  • January 1, 2023 = 15%
  • January 1, 2026 = 25%
  • January 1, 2031 = 50%
• PCR Content Requirements for dairy milk containers
  • January 1, 2028 = 15%
  • January 1, 2031 = 25%
  • January 1, 2036 = 50%
• PCR levels can be adjusted for a given year by the Department as needed. The department cannot raise the minimum PCR content for the year under review. Justification for PCR adjustments:
  • Changes in market conditions, including supply/demand for PCR content, collection rates, and bale availability both domestically and globally
  • Recycling rates
  • Availability of recycled material, including availability of high-quality recycled plastic and food-grade recycled plastic
  • Capacity of recycling or processing infrastructure
• Beverage manufacturers required to report PCR usages starting April 1, 2024 (reports due annually on 4/1). Report must include total pounds of virgin plastic used and pounds of PCR plastic used by resin type used during the previous calendar year.
• Penalties will be calculated at a rate of $0.20 per pound based on the shortfall of recycled content used compared to the minimum content requirement.

 California AB793

Bill text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB793

CalRecycle Bill info: https://calrecycle.ca.gov/bevcontainer/bevdistman/plasticcontent/

This bill, on and after January 1, 2022, would require the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer, as specified, to contain, on average, specified amounts of postconsumer recycled plastic content per year pursuant to a tiered plan that would require the total number of plastic beverage containers to contain, on average, no less than 50% postconsumer recycled plastic content per year on and after January 1, 2030, except as specified.

• Administered California’s Department of Resources Recycling and Recovery (CalRecycle)
• All plastic beverage containers subject to the California Refund Value (CRV) program must meet the PCR content requirements
• The CalRecycle page below lists the types of beverage containers that are eligible for CRV redemption
  • https://www.calrecycle.ca.gov/bevcontainer
• PCR Content Requirements for beverage containers
  • January 1, 2022 = 15%
  • January 1, 2025 = 25%
  • January 1, 2030 = 50%

• Beverage manufacturers will be required to submit a report on PCR usages on March 1 of each year (for the previous calendar year). Report must include total pounds of virgin plastic used and pounds of PCR plastic used by resin type used during the previous calendar year
• PCR usages are reported for each resin type used, not by weight per container.

• PCR levels can be adjusted for a given year by the Department as needed. The Department cannot raise the minimum PCR content for the year under review. Justification for PCR adjustments:
  • Changes in market conditions, including supply/demand for PCR content, collection rates, and bale availability both domestically and globally
  • Recycling rates
  • Availability of recycled material, including availability of high-quality recycled plastic and food-grade recycled plastic
  • Capacity of recycling or processing infrastructure

New Jersey Senate Bill 2515

NJ Legislature page: https://www.njleg.state.nj.us/bill-search/2020/S2515

Bill Text: https://pub.njleg.state.nj.us/Bills/2020/PL21/391_.PDF

A manufacturer shall achieve compliance with the postconsumer recycled content requirements of this act based on the average amount of postconsumer recycled content, by weight or another metric, as determined by the department, contained in its products. For the purposes of this section, “product” means a rigid plastic container, plastic beverage container, glass container, paper carryout bag, plastic carryout bag, or plastic trash bag that is subject to the postconsumer recycled content requirements of this act.

• Administered by the New Jersey Department of Environmental Protection
• Plastic Beverage Container = an individual, separate bottle, can, jar, carton, or other container made of plastic that is hermetically sealed or made airtight with a metal or plastic cap and that contains a beverage.
  • “Plastic Beverage Container” does not include caps, closures, labels, or other items affixed to the container. (Not subject to PCR content requirements)
• PCR Content Requirements for beverage containers
  • January 1, 2024 = 15%
  • January 1, 2027 = 20%
  • January 1, 2030 = 25%
  • January 1, 2033 = 30% (Hot fill beverages capped at 30% PCR)
  • January 1, 2036 = 35%
  • January 1, 2039 = 40%
  • January 1, 2042 = 45%
  • January 1, 2045 = 50%
• A package or container that contains milk and dairy products (including plant-based products) are exempt for 5 years after effective date of legislation (2022). Milk and dairy containers will be required to comply with the PCR requirements above starting in 2027 – 20%. The 5-year exemption can be extended at the discretion of the Department
• PCR levels can be adjusted for a given year by the Department as needed. Justification for PCR adjustments:
  • Changes in market conditions, including supply/demand for PCR content, collection rates, and bale availability both domestically and globally
  • Recycling rates
  • Availability of recycled material, including availability of high-quality recycled plastic and food-grade recycled plastic
  • Capacity of recycling or processing infrastructure
• Beverage manufacturers can apply for an exemption waiver ($1000 fee) from PCR requirements due to:
  • Compliance related issues (ie manufacturer cannot reach PCR level and remain in compliance with FDA, state, federal laws)
  • Not technically feasible to meet PCR level
  • Lack of PCR material supply
• Beverage manufacturers required to report PCR usages started September 1, 2025 (reports due annually on 9/1). Certifications must list total pounds of virgin plastic used and pounds of PCR plastic used during the previous calendar year. Manufacturers must keep records supporting compliance certifications. The Department can audit manufacturers to assess compliance.
• PCR content averages based on manufacturers entire product line or can be separated into sub-lines.
• Penalties will be calculated at a rate per pound based on the shortfall of recycled content used compared to the minimum content requirement. Fee amount TBD