2013 -- S 0404

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LC01595

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - PLASTIC WASTE REDUCTION

     Introduced By: Senators Nesselbush, Satchell, DiPalma, Conley, and Goldin

     Date Introduced: February 26, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 19.16

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PLASTIC WASTE REDUCTION ACT

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     23-19.16-1. Short title. -- This chapter shall be known and may be cited as the "Plastic

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Waste Reduction Act".

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     23-19.16-2. Legislative findings. -- It is hereby found and declared as follows:

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     With Narragansett Bay, hundreds of miles of coastline, dozens of islands, and hundreds

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of bodies of water including rivers, ponds, and lakes, Rhode Island faces a real threat from plastic

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pollution. Single-use plastic checkout bags are a primary source of this pollution, littering Rhode

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Island's neighborhoods, parks, and roadsides, as well as aquatic and coastal environments, posing

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a direct threat to wildlife and accumulating in waterways. A ban on these plastic bags is the most

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effective way to eliminate this source of pollution.

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     23-19.16-3. Definitions. -- When used in this chapter:

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     (1) "Checkout bag" means any carry-out bag that is provided to the customer at the point

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of sale. "Checkout bag" does not include plastic barrier bags, double-opening plastic bags, or

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plastic bags measuring larger than twenty-eight inches (28") by thirty-six inches (36").

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     (2) "Department" means the department of environmental management as established in

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chapter 42-17.1.

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     (3) "Double-Opening Plastic Bags" means any thin plastic bag with a double-opening

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(top and bottom) to protect clothing or other items for transport.

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     (4) "Pass-through charge" means a charge to be collected by retailers from their

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customers when providing recyclable paper bags, and retained by retailers to offset the cost of

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bags and other costs related to the pass-through charge.

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     (5) "Plastic barrier bag" means any thin plastic bag with a single opening used to:

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     (i) Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected

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by customers to the point of sale;

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     (ii) Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not;

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     (iii) Contain or wrap flowers, potted plants, or other items where damage to a good or

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contamination of other goods placed together in the same bag may occur; or

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     (iv) Contain unwrapped prepared foods or bakery goods.

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     (6) "Recyclable paper bag" means a paper bag that is fully recyclable overall and contains

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a minimum of forty percent (40%) post-consumer recycled content and contains no old growth

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fiber. The bag should display the words "Reusable" and "Recyclable" or the universal recycling

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logo on the outside of the bag in green lettering at least one inch (1") in size.

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     (7) "Retail sales establishment" means any enterprise whereby the sale or transfer to a

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customer of goods in exchange for payment occurring in retail stores, farmers' markets, flea

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markets, and restaurants. This does not include sales of goods at yard sales, tag sales, other sales

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by residents at their homes, and sales by nonprofit organizations.

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     (8) "Large retail sales establishment" means a retail sales establishment with five million

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dollars ($5,000,000) or more in annual gross retail sales volume, as reported to the department of

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revenue.

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     (9) "Small retail sales establishment" means a retail sales establishment with less than

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five million dollars ($5,000,000) in annual gross retail sales volume, as reported to the

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department of revenue.

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     (10) "Reusable bag" means a bag with handles that is specifically designed and

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manufactured for multiple reuse and is made of cloth or other fabric or is made of durable plastic

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that is at least two and a quarter (2.25) mils thick.

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     23-19.16-4. Plastic waste reduction. -- (a) Effective January 1, 2014, large retail sales

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establishments are prohibited from making available any plastic checkout bag, not including

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plastic barrier bags or double-opening plastic bags:

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     (1) Large retail sales establishments shall collect a pass-through charge of not less than

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ten cents ($.10) for each recyclable paper bag provided to customers; and

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     (2) All large retail establishments shall indicate on the customer transaction receipt the

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number of recyclable paper carryout bags provided and the total amount of the pass-through

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charge.

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     (b) Effective January 1, 2015, no retail sales establishment, including large retail sales

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establishments and small retail sales establishments, shall make available any plastic checkout

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bags at the point of sale, not including plastic barrier bags or double-opening plastic bags;

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     (1) All retail sales establishments shall collect a pass-through charge of not less than ten

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cents ($.10) for each recyclable paper bag provided to customers; and

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     (2) All retail establishments shall indicate on the customer transaction receipt the number

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of recyclable paper bags provided and the total amount of the pass-through charge.

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     (c) Nothing in this section shall preclude a retail sales establishment from making

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reusable bags or recyclable paper bags available for sale to customers.

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     23-19.16-5. Enforcement-penalty.-- (a) This chapter shall be implemented, administered

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and enforced by the department.

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     (b) Upon being made aware of a potential violation of this chapter, the department shall

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investigate and determine whether a violation has occurred.

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     (c) If the investigation confirms that a violation has occurred, the department or other

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designee shall give written notice to the owner of the property, the owner's agent, or the person

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performing such violation that the violation is occurring and must stop.

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     (d) Such notice shall be in writing and may be served upon a person to whom it is

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directed either by delivering it personally to him or her or by posting same upon a conspicuous

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portion of the property and sending a copy of same certified mail to the person to whom the

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notice is directed.

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     (e) The owner, the owner's agent, or the person performing the violation is responsible

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for confirming, in writing, that the violation has ceased to the department or other designee within

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fourteen (14) days of receipt of the notice.

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     (f) A second violation after the fourteen (14) day response period of the first violation

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and within one year of the receipt of the confirmation that the violation had ceased shall incur a

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penalty of one hundred fifty dollars ($150).

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     (g) A third violation within one year of the second and any subsequent violations shall

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incur a penalty of three hundred dollars ($300).

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     (h) Each occurrence of a violation after the first, and each day that such violation

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continues, shall constitute a separate violation and may be cited as such.

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     (i) The department shall promulgate rules and regulations necessary to implement this

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chapter within one hundred eighty (180) days of passage of this act.

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     23-19.16-6. Severability. -- If any part or provision of this chapter, or the application of

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any part or provision to any person, entity, or circumstances is adjudged invalid by any court of

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competent jurisdiction, the judgment shall be confined in its operation to the part, provision or

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application directly involved in the controversy in which the judgment shall have been rendered,

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and shall not affect or impair the validity of the remainder of this law or the application to other

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persons, entities, or circumstances.

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     SECTION 2. Chapter 23-18.11 of the General Laws entitled "Promotion of Paper Bag

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Usage" is hereby amended by adding thereto the following section:

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     23-18.11-7. Sunset. -- The provisions of this chapter shall be repealed effective

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December 31, 2014.

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     SECTION 3. This act shall take effect upon passage.

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LC01595

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - PLASTIC WASTE REDUCTION

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     This act would establish a plan for the gradual ban on the use of disposable plastic

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checkout bags by retail establishments.

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     This act would take effect upon passage.

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LC01595

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