Bill Text: FL S0722 | 2013 | Regular Session | Introduced
Bill Title: Disposable and Reusable Bags
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-05-03 - Died in Environmental Preservation and Conservation [S0722 Detail]
Download: Florida-2013-S0722-Introduced.html
Florida Senate - 2013 SB 722 By Senator Bullard 39-00837-13 2013722__ 1 A bill to be entitled 2 An act relating to disposable and reusable bags; 3 amending s. 403.7033, F.S.; providing legislative 4 findings; deleting obsolete language regarding 5 legislative findings; creating statewide rules for 6 disposable plastic bags and recyclable paper bags for 7 certain stores in counties or municipalities where the 8 local government adopts the provisions of the act; 9 establishing requirements for certain stores in 10 participating localities to comply with the act; 11 requiring stores in participating localities to charge 12 a fee for every recyclable paper bag provided to 13 customers; providing for allocation of collected fees; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 403.7033, Florida Statutes, is amended 19 to read: 20 403.7033 Uniform statewide rules for disposable plastic 21 bags and recyclable paper retail bags; departmental analysis of 22 particular recyclable materials.— 23 (1) LEGISLATIVE FINDINGS.—The Legislature finds that 24 prudent regulation of recyclable materials is crucial to the 25 ongoing welfare of Florida’s ecology and economy. The Department 26 of Environmental Protection has provided to the Legislature upon 27 request a completed analysis of prudent standards for disposable 28 plastic bags and recyclable paper retail bags and has found that 29 the implementation of such standards encourages the use of 30 reusable retail bags. As such, the Legislature finds that it is 31 necessary and appropriate to adopt uniform statewide standards 32 for disposable plastic bags or recyclable paper retail bags 33 which may be adopted by local ordinance across the stateThe34Department of Environmental Protection shall undertake an35analysis of the need for new or different regulation of36auxiliary containers, wrappings, or disposable plastic bags used37by consumers to carry products from retail establishments. The38analysis shall include input from state and local government39agencies, stakeholders, private businesses, and citizens, and40shall evaluate the efficacy and necessity of both statewide and41local regulation of these materials. To ensure consistent and42effective implementation, the department shall submit a report43with conclusions and recommendations to the Legislature no later44than February 1, 2010. Until such time that the Legislature45adopts the recommendations of the department, no local46government, local governmental agency, or state government47agency may enact any rule, regulation, or ordinance regarding48use, disposition, sale, prohibition, restriction, or tax of such49auxiliary containers, wrappings, or disposable plastic bags. 50 (2) LOCAL GOVERNMENT OPT IN.—This section applies only to 51 local governments that adopt these provisions by local 52 ordinance. Such ordinance may include penalties for violations. 53 (3) DEFINITIONS.—As used in this section, the term: 54 (a) “Customer” means a person purchasing goods from a 55 store. 56 (b) “Disposable plastic bag” means a compostable or 57 biodegradable bag made predominantly of plastic derived from 58 petroleum or a biologically based source, such as corn or 59 another plant source, which is provided to a customer at the 60 point of sale for the purpose of carrying away goods. The term 61 does not include produce bags or reusable bags made of plastic. 62 (c) “Local government” means a county or municipality. 63 (d) “Participating store” means any of the following retail 64 establishments located in the jurisdiction of a local government 65 that adopts this act: 66 1. A full-line, self-service retail store with gross annual 67 sales of $2 million or more which sells canned goods, dry 68 grocery items, nonfood items, or perishable items. 69 2. A drugstore, pharmacy, supermarket, grocery store, 70 convenience store, or other entity of at least 10,000 square 71 feet which engages in the retail sale of a limited line of 72 goods, including milk, bread, soda, and snack foods. 73 (e) “Postconsumer recycled material” means material that is 74 typically disposed of as solid waste, having completed its 75 intended end use or life cycle. The term does not include 76 materials or byproducts generated from, or commonly reused in, 77 an original manufacturing and fabrication process. 78 (f) “Produce bag” means a plastic bag without handles used 79 exclusively to carry produce, meats, or other food items to the 80 point of sale inside a store or to prevent such food items from 81 coming into direct contact with other purchased items. 82 (g) “Recyclable material” means material that can be 83 sorted, cleansed, and reconstituted using available recycling 84 collection programs to manufacture the altered form into a new 85 product. 86 (h) “Recyclable paper bag” means a paper bag that: 87 1. Contains no old growth fiber; 88 2. Is 100 percent recyclable and contains at least 40 89 percent postconsumer recycled material; 90 3. Is capable of composting, consistent with the timeline 91 and specifications of ASTM International Standard D6400; 92 4. Has printed on the bag the name of the manufacturer, the 93 country where the bag was manufactured, and the percentage of 94 postconsumer recycled material used; and 95 5. Visibly displays the word “recyclable” on the outside of 96 the bag. 97 (i) “Reusable bag” means a bag with handles which is 98 specifically designed and manufactured for multiple reuse and 99 which meets all of the following requirements: 100 1. Can carry a minimum of 22 pounds 125 times, over a 101 distance of at least 175 feet. 102 2. Has a minimum volume of 15 liters. 103 3. Is machine washable or can be cleaned or disinfected. 104 4. Does not contain lead, cadmium, or any other heavy metal 105 in toxic amounts as defined by applicable federal standards and 106 regulations for packaging of reusable bags. 107 5. Has printed on the bag, or on a tag permanently affixed 108 to the bag, the name of the manufacturer; the country where the 109 bag was manufactured; a statement that the bag does not contain 110 lead, cadmium, or any other heavy metal in toxic amounts; and 111 the percentage of postconsumer recycled material used, if any. 112 6. If made of plastic, is at least 2.25 mils thick. 113 (4) DISPOSABLE PLASTIC BAGS PROHIBITED.—A participating 114 store may not provide to a customer a disposable plastic bag. 115 (5) REUSABLE BAGS REQUIRED; PAPER BAGS ALLOWED.—A 116 participating store shall provide to a customer reusable bags, 117 for a fee or at no cost, for the purpose of carrying away goods 118 or other items from the point of sale, subject to the terms of 119 this section. A participating store may also offer recyclable 120 paper bags to a customer, but no other type of bag may be 121 provided. This section does not prohibit a customer from using a 122 bag of any type that he or she brings to the participating store 123 or from carrying away goods that are not placed in a bag. 124 (6) USE OF RECYCLABLE PAPER BAGS.—A participating store 125 that provides a recyclable paper bag to a customer shall charge 126 the customer 10 cents for each bag provided. A participating 127 store may not rebate or otherwise reimburse a customer any 128 portion of the 10-cent charge. A participating store shall 129 indicate on the customer receipt the number of recyclable paper 130 bags provided and the total amount charged for the bags. Fees 131 collected by a participating store under this subsection shall 132 be used as follows: 133 1. At least 50 percent of the fees collected shall be 134 distributed to the school district in which the participating 135 store is located, to be used solely for educational purposes; 136 and 137 2. Up to 50 percent of the fees collected may be retained 138 by the participating store in order to offset the costs of 139 complying with this section. 140 (7) REPORTING.—A participating store shall report quarterly 141 to the local government the total number of recyclable paper 142 bags provided, the total amount of fees collected for providing 143 recyclable paper bags, and a summary of any efforts by the 144 participating store in the prior quarter to promote customer use 145 of reusable bags. Such reporting shall be done on a form 146 prescribed by the local government and shall be signed by a 147 responsible agent or officer of the participating store 148 confirming that the information provided on the form is accurate 149 and complete. The quarterly report shall be submitted no later 150 than 30 days after the end of each of the following quarters: 151 (a) January 1 through March 31. 152 (b) April 1 through June 30. 153 (c) July 1 through September 30. 154 (d) October 1 through December 31. 155 Section 2. This act shall take effect upon becoming a law.