Bill Text: HI HB2645 | 2010 | Regular Session | Introduced

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Bill Title: Non-recyclable, Non-reusable Bags; Mandatory Fee

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-27 - (H) Referred to EEP/EBM, CPC/JUD, FIN, referral sheet 7 [HB2645 Detail]

Download: Hawaii-2010-HB2645-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2645
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO ENVIRONMENTAL PROTECTION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that non-recyclable non-biodegradable single-use plastic checkout bags and non-recyclable paper checkout bags present a hazard to the natural environment.  Non-biodegradable single-use plastic checkout bags are not only a source of unsightly litter, they are a significant source of environmental degradation because they crowd landfills with non-biodegradable waste, endanger marine life, and require fossil fuel to manufacture.  The legislature finds that businesses that prefer to provide consumers with plastic bags should transition to providing a less toxic biodegradable alternative.  Non-recyclable paper bags also crowd landfills and require fossil fuel to manufacture.  The legislature finds that businesses that prefer to provide consumers with paper bags should transition to providing a less toxic biodegradable alternative.

     The legislature further finds that the State of Hawaii has a compelling interest in protecting its precious natural environment by decreasing the amount of waste that flows into its landfills.  Ample precedent supports this Act; several countries, international cities, domestic cities and counties have laws that discourage or ban the use of non-biodegradable plastic checkout bags and non-recyclable paper checkout bags.  Because the State's economy, culture, and the livelihood of its people depend heavily on preserving its natural environment, the legislature finds that the State will benefit from the reduction of non-reusable checkout bag usage.

     The purpose of this Act is to reduce the State's production of waste and therefore reduce the State's negative impact on its natural environment.  The Act does not affect all businesses, or prohibit all plastic bag distribution.

     SECTION 2.  Chapter 342H, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    .  USE OF RECYCLABLE PLASTIC BAGS

     §342H-A  Definitions.  As used in this part, unless the context otherwise requires:

     "Biodegradable plastic bag" means plastic in which the degradation results from the action of naturally occurring microorganisms such as bacteria, fungi, and algae.  The ultimate products of this process should be carbon dioxide, water, and harmless, non-toxic compost (humus) in time frames consistent with the ambient conditions of the disposal method.

     "Business" means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, and corporations, or any other legally cognizable entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.

     "Checkout bag" means a carryout bag that is provided by a store to a customer at the point of sale.

     "Department" means the department of the health.

     "Director" means the director of health.

     "Person" means an individual, trust, firm, joint stock company, corporation, cooperative, partnership, limited liability company, or association.

     "Recyclable paper bag" means a paper bag that meets all of the following requirements:

     (1)  Contains no old growth fiber;

     (2)  Is one hundred per cent recyclable overall and contains a minimum of forty per cent post-consumer recycled content; and

     (3)  Displays the words "recyclable" in a highly visible manner on the outside of the bag.

     "Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and is:

     (1)  Made of cloth or other machine washable fabric; or

     (2)  Made of other durable material suitable for re-use, including plastic that is at least 2.25 millimeters thick.

     "Single-use plastic checkout bag" means a plastic bag that does not satisfy the definition for a "reusable bag," regardless of how many times it can be used.

     §342H-B  Fee on non-reusable checkout bags.  (a)  Beginning January 1, 2012, businesses with annual gross sales of over $500,000 are required to implement a fee of 15 cents for every non-reusable checkout bag distributed.

     (b)  Businesses shall add the amount of the fees imposed by this section to the total price of the goods or services subject to the fees, and the fees shall be stated separately on any sales receipt, invoice, or other record of the sale or other transfer of the non-reusable checkout bags subject to this section.

     (c)  A business subject to this section shall keep a record of the number of non-reusable checkout bags the business has purchased, been provided with, or otherwise acquired, and a record of the amount paid on non-reusable checkout bags subject to this section that are provided to, or sold to, retail consumers on a quarterly basis.

     (d)  Businesses may keep 5 cents of each fee collected and shall pay the balance, together with excise taxes, to the department of taxation for deposit into the general fund.

     (e)  Any person who violates this section shall be subject to:

     (1)  For a first violation, a fine of $1,000;

     (2)  For a second violation within one year, a fine of $2,500; and

     (3)  For a third or subsequent violation within one year, a fine of $10,000.

     (f)  Nothing in this part shall preclude businesses from making reusable bags available for sale to customers.

     §342H-C  Rules.  The director shall adopt rules under chapter 91 necessary for the purpose of this part.

     §342H-D  Administrative penalties.  In addition to any other civil or judicial remedy provided by this part or by rules adopted under this part, the director is authorized to impose by order the following administrative penalties:

     (1)  For a first violation, a fine of not more than $2000;

     (2)  For a second violation within one year, a fine of not more than $4000; and

     (3)  For a third or subsequent violation within one year, a fine of not more than $6000.

     §342H-E  Injunctive and other relief.  The director may institute a civil action in any court of competent jurisdiction for injunctive and other relief to prevent any violation of this part, any rule adopted pursuant to this part, to collect administrative penalties, or to obtain other relief.  The court shall have power to grant relief in accordance with the Hawaii rules of civil procedure."

     SECTION 3.  This Act does not apply to the plastic bags that are provided by grocery stores for:

     (1)  Raw meat, poultry, or fish;

     (2)  Frozen foods;

     (3)  Bulk foods that are not sold with packaging; and

     (4)  Fresh produce.

     SECTION 4.  Nothing in this Act shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

     SECTION 5.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  This Act shall take effect upon approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Non-recyclable, Non-reusable Bags; Mandatory Fee

 

Description:

Requiring that businesses charge a fee to consumers who choose to use non-recyclable checkout bags and also that businesses offer biodegradable plastic checkout bags and recyclable paper check out bags.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.