HOUSE OF REPRESENTATIVES

H.B. NO.

1893

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to plastic.

 

 

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

 


SECTION 1. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   . Single-use Plastic checkout bags

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

"Business" means any commercial enterprise or establishment operating in the State, including an individual proprietorship, joint venture, partnership, corporation, limited liability company, or other legal entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.

"Compostable plastic bag" means a checkout bag that is provided to a customer for the purpose of transporting groceries or other retail goods, that meets current ASTM D6400 standard specifications for compostability, and that is labeled with:

(1) The biodegradable product institute logo as meeting the ASTM standard for compostability; and

(2) The word "Compostable" on both sides of the bag in either green color lettering that is at least one inch in height, or as otherwise specified; or within a green color band that is at least one inch in height in order to be readily and easily identifiable.

"Customer" means a person who purchases merchandise from a business.

"Department" means the department of health.

"Mil" means one thousandth of one inch.

"Non-recyclable paper bag" means a paper bag that is not a recyclable.

"Pass-through charge" means a charge of 10 cents per bag to be collected by businesses from their customers when providing recyclable paper bags, reusable bags, or compostable bags, and retained by businesses to offset the cost of bags and other related costs.

"Recyclable paper bag" means a paper bag that:

(1) Is one hundred per cent recyclable;

(2) Contains a minimum of forty per cent post-consumer recycled content; and

(3) Displays the words "Reusable" and "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 made of:

(1) Cloth or other washable fabric; or

(2) Durable material suitable for reuse, including plastic that is at least 2.25 mils thick.

"Single-use plastic checkout bag" means a carryout bag that is provided at the point of sale by a business to a customer for the purpose of transporting groceries or other retail goods, is made from non-compostable plastic, and is not specifically designed and manufactured for multiple reuse.

342H-B Inapplicability of part. This part shall not apply to:

(1)    Bags used by customers inside a business to package loose items, such as fruits, vegetables, nuts, ground coffee, grains, candies, or small hardware items;

(2) Bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or other items to contain dampness;

(3) Bags used to protect or transport prepared foods, beverages, or bakery goods;

(4) Bags provided by pharmacists to contain prescription medications;

(5) Newspaper bags for home newspaper delivery;

(6) Door-hanger bags;

(7) Laundry, dry cleaning, or garment bags, including bags provided by hotels to guests to contain wet or dirty clothing;

(8) Bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags;

(9) Bags used to contain live animals, such as fish or insects sold in pet stores;

(10) Bags used to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals sold at the retail level; provided that this exemption shall be limited to one bag per customer; or

(11) Compostable plastic bags.

342H-C Ban on single-use plastic checkout bags and non-recyclable paper bags. (a) No business shall provide single-use plastic checkout bags or non-recyclable paper bags to any customers.

(b) All businesses shall charge customers a pass-through charge for every recyclable paper bag, reusable bag, or compostable plastic bag provided at the point of sale.

(c) All businesses shall indicate on the customer transaction receipt the total number of recyclable paper bags, compostable plastic bags, or reusable bags provided and the total amount of the pass-through charge.

342H-D Penalties; injunctive relief. (a) Any business that violates any provision of this part shall:

(1) Discontinue the distribution of bags prohibited by this part; and

(2) Be assessed a fine of not less than $100, but not more than $1,000 for each day of the violation.

(b) The department may apply for and the court may grant an injunction restraining any business from violating this part or any rule adopted pursuant to this part.

342H-E Rules. The department may adopt rules in accordance with chapter 91 to implement this part.

342H-F Relation to county ordinances. This part shall not prohibit the enactment or operation of any county ordinance that is at least as stringent as this part; provided that no county ordinance shall supersede or prevent the operation of section 342H-C."

SECTION 2. In codifying the new sections added by section 1 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 3. This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Single-use Plastic Checkout Bags; Non-recyclable Paper Bags; Ban

 

Description:

Bans businesses from providing single-use plastic checkout bags and non-recyclable paper bags to customers. Assesses a fee that businesses shall charge for allowable bags provided to customers. Allows for penalties from the Department of Health.

 

 

 

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