Before adjournment, lawmakers passed HB 1293 to amend existing laws regarding litter control and the use of plastic bags in Washington state. The bill:
- Raises the penalty for littering from a class 3 civil infraction to a class 2 civil infraction and specifies that this is in addition to any penalty imposed for materials thrown or dropped onto state highways.
- Delays the increase to 4 mils in the allowable thickness of reusable plastic carryout bags from January 1, 2026, to January 1, 2028.
- Allows the sale of reusable plastic carryout bags of 4 mils thickness with an additional $0.04 until December 31, 2027.
Under current law, the thickness of reusable plastic carryout bags was scheduled to increase to 4 mils starting January 1, 2026. This bill delays that requirement to January 1, 2028, allowing retailers to continue using bags with a thickness of 2.25 mils until the new deadline.
However, the bill imposes a new fee for retailers to collect when offering reusable plastic bags with a 4 mils or greater thickness until December 31, 2027. Retailers must collect a four-cent penalty per bag and the 12-cent pass-through charge, which is scheduled to increase on January 1, 2026. The revenue from the fee will be deposited into the waste reduction, recycling, and litter control account to fund environmental initiatives.
If signed into law, retailers using 4-mil-thick reusable plastic bags must carefully manage their inventory or be prepared to collect the additional fee, which must be itemized on customer receipts.
