(1) A registered producer responsibility organization may charge each member producer a fee according to each producer's unit-based, weight-based, volume-based, or sales-based market share or by another method it determines to be an equitable determination of each producer's payment obligation, so that the aggregate fees charged to member producers are sufficient to pay the producer responsibility organization's costs in full until the producer responsibility organization has an approved plan.
(2) A producer responsibility organization with an approved plan must annually collect a fee from each member producer that must:
(a) Vary based on the total amount of covered materials each producer introduces in the prior year calculated on a per unit basis, such as per ton, per item, or another unit of measurement;
(b) Reflect program costs for each covered materials type, net of commodity value for that covered materials type when used as a recycled material, as well as allocated fixed costs that do not vary based on covered materials type. Any membership fees charged for different covered material types, materials, and formats must:
(i) For covered materials that are on the statewide lists established under RCW
70A.208.090, be proportional to the costs to the producer responsibility organization for that covered material type, covered material, or format; and
(ii) Discourage the use of covered materials that are not on the statewide lists established under RCW
70A.208.090;
(c) Incentivize using materials and design attributes that reduce the environmental impacts and human health impacts of covered materials by:
(i) Eliminating intentionally added toxic substances or residual toxic substances from manufacturing in covered materials;
(ii) Reducing the amount of:
(A) Packaging per individual covered material that is necessary to efficiently deliver a product without damage or spoilage and without reducing its ability to be recycled or composted; and
(B) Paper used to manufacture individual paper products;
(iii) Increasing the amount of covered materials managed in a reuse system;
(iv) Increasing the proportion of postconsumer material in covered materials;
(v) Enhancing the recyclability or compostability of a covered material;
(vi) Increasing the amounts of inputs derived from renewable and sustainable sources without reducing its ability to be recycled; and
(vii) Other means, as approved by the department;
(d) Discourage using materials and design attributes in covered materials whose environmental impacts and human health impacts can be reduced by the methods listed in (c) of this subsection;
(e) Prioritize reuse by charging covered materials that are managed through a reuse system only once, upon initial entry into the marketplace; and
(f) Generate revenue sufficient to pay in full:
(i) The fee to the department required under RCW
70A.208.060;
(ii) The financial obligations to complete activities described in an approved plan and to reimburse service providers under RCW
70A.208.170;
(iii) The funding required under RCW
70A.208.040 for the reuse financial assistance program;
(iv) The operating costs of the producer responsibility organization; and
(v) For establishment and maintenance of a financial reserve that is sufficient to operate the program in a fiscally prudent and responsible manner.
(3) Revenues collected under this section that exceed the amount needed to pay the costs described in subsection (2)(f) of this section must be used to improve or enhance program outcomes or to reduce producer fees according to provisions of an approved plan.
(4) Fees collected from producers under this chapter may not be used for lobbying or political advocacy activities that would require reporting under chapter
42.17A RCW or under the federal election campaign act, 2 U.S.C. chapter 14.
