2017 -- H 5946

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Representatives Edwards, Canario, Kazarian, Amore, and Lima

     Date Introduced: March 17, 2017

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 19.17

PLASTIC WASTE REDUCTION ACT

     23-19.17-1. Definitions.

     As used in this chapter, the following terms shall have the following meanings:

     (1) "Department" means the department of environmental management.

     (2) "Expanded polystyrene" means polystyrene that has been expanded into a solid foam.

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

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

revenue.

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

customers when providing plastic water bottles or expanded polystyrene, and retained by retailers

to offset the cost related to the pass-through charge.

     (5) "Plastic barrier bag" means a thin plastic bag which is typically used to pack

perishable food items such as fruit, vegetables and meat in supermarkets and other food outlets.

     (6) "Plastic water bottle" means a single-serving polyethylene terephthalate (PET) bottle

of one liter or less used to distribute unflavored water.

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

customer of goods in exchange for payment occurs in a retail store, farmers' market, flea market,

or restaurant. This meaning does not include sales of goods at yard sales, tag sales, other sales by

residents at their homes, or sales by nonprofit organizations.

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

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

department of revenue.

     23-19.17-2. Plastic waste reduction.

     (a) Effective January 1, 2018, all retail establishments located and doing business within

the state that sell or convey goods or food, shall be prohibited from using anything other than the

following: plastic bags with a minimum recycled content of twenty percent (20%), one hundred

percent (100%) recyclable paper bags, compostable plastic bags, and reusable bags.

     (b) Effective January 1, 2018, no retail sales establishment, including large retail sales

establishments and small retail sales establishments, shall make available any plastic water bottle

or expanded polystyrene disposable food container at the point of sale; provided, however, that a

plastic water bottle or expanded polystyrene disposable food container shall not be deemed to

include plastic barrier bags or double-opening plastic bags.

     23-19.17-3. Enforcement; Penalty.

     (a) This chapter shall be implemented, administered and enforced by the municipalities',

police department, or other department or division designated by their mayors or town managers.

     (b) Upon being made aware of a potential violation of this chapter, the municipality's

designee shall investigate and determine whether a violation has occurred.

     (c) If the investigation confirms that a violation has occurred, the municipality's designee

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

performing the violation that the violation is occurring and must immediately cease.

     (d) The notice shall be in writing and shall be served upon the person to whom it is

directed either by personal delivery or by posting the notice upon a conspicuous portion of the

property and by sending a copy of the notice by certified mail to the person to whom the notice is

directed.

     23-19.17-4. Ordinances.

     Municipalities are authorized to establish ordinances necessary to implement the

purposes of this chapter.

     SECTION 2. This act shall take effect on January 1, 2018.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY

***

     This act would prohibit retail sales establishments from making available to their

customers, plastic checkout bags, plastic water bottles or expanded polystyrene disposable food

containers at the point of sale.

     This act would take effect on January 1, 2018.

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