RCW 70A.208.200 — Producer responsibility organization—Annual report.

1. (1) By July 1, 2031, and each July 1st thereafter, a producer responsibility organization must submit an annual report to the department that contains, at a minimum, the following information for the previous calendar year:

   1. (a) The amount of covered materials introduced, by covered materials type, reported in the same units used to establish producer fees under this chapter;

   2. (b) Progress made toward the performance targets reported in the same units used to establish producer fees under this chapter, and reported statewide and for each county, including:

      1. (i) The amount of covered materials successfully source reduced, reused, recycled, and composted by covered materials type and the strategies or collection methods used; and
      2. (ii) Information about third-party certifications obtained;

   3. (c) The total cost to implement the program and a detailed description of program expenditures by category, including:

      1. (i) The total amount of producer fees collected;
      2. (ii) A description of infrastructure investments made; and
      3. (iii) A breakdown of reimbursements by covered services, entities receiving covered services, and regions of the state;
   4. (d) A copy of a financial audit of program operations conducted by an independent auditor approved by the department that meets the requirements of the Financial Accounting Standards Board's Accounting Standards update 2016-14, not-for-profit entities (Topic 958), as it existed as of January 1, 2025, or an updated standard as required by the department by rule;
   5. (e) A description of the program performance problems that emerged in specific locations and efforts taken or proposed by the producer responsibility organization to address them;
   6. (f) A discussion of technical assistance provided to producers regarding toxic substances in covered materials and actions taken by producers to reduce intentionally added toxic substances and residual toxic substances from manufacturing in covered materials beyond compliance with prohibitions already established in law;
   7. (g) A description of public awareness, education, and outreach activities undertaken, including any evaluations conducted of their efficacy, plans for next calendar year's activities, and an evaluation of the process established by the producer responsibility organization to answer questions from consumers regarding collection, recycling, composting, waste reduction, and reuse activities;
   8. (h) A description, which includes quantitative measurements, of changes in levels of access to covered services for covered materials by socially vulnerable populations relative to levels of access to and participation in covered services for covered materials by socially vulnerable populations prior to the implementation of the first plan under this chapter;
   9. (i) A summary of consultations held with the advisory council and how any feedback was incorporated into the report as a result, together with a list of rejected recommendations and the reasons for rejection;
   10. (j) A list of producers found to be out of compliance with this chapter and actions taken by the producer responsibility organization to return producers to compliance, and notification of any producers that are no longer participating in the producer responsibility organization or who have been expelled due to their lack of compliance;
   11. (k) Proposed amendments to the plan to improve program performance or reduce costs, including changes to producer fees, infrastructure investments, or reimbursement rates;
   12. (l) Recommendations for additions or removals of covered materials to or from the recyclable or compostable covered materials lists established under RCW 70A.208.090; and
   13. (m) Information requested by the department to evaluate the effectiveness of the program as it is described in the plan and to assist with determining compliance with this chapter.
2. (2) A producer responsibility organization that fails to meet a performance target approved in a plan must, within 90 days of filing an annual report under this section, file with the department an explanation of the factors contributing to the failure and propose an amendment to the plan specifying changes in operations, including education and outreach, that the producer responsibility organization will make that are designed to achieve the performance targets. If a performance target is unmet due to the lack of government entity participation in the program, the department may revise the statewide requirements. If a revision to the statewide requirements is completed by the department, the producer responsibility organization may revise the performance targets at the same time. An amendment filed under this subsection must be reviewed by the advisory council and approved by the department in the manner specified in RCW 70A.208.060.

[ 2025 c 316 s 120.]