2017 -- H 5946

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LC002121

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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:

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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 19.17

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PLASTIC WASTE REDUCTION ACT

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     23-19.17-1. Definitions.

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

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

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

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

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

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

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

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

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

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of one liter or less used to distribute unflavored water.

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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 occurs in a retail store, farmers' market, flea market,

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

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residents at their homes, or sales by nonprofit organizations.

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     (8) "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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     23-19.17-2. Plastic waste reduction.

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

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

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

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

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

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

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

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

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include plastic barrier bags or double-opening plastic bags.

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     23-19.17-3. Enforcement; Penalty.

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

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

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

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designee shall investigate and determine whether a violation has occurred.

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

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

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

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

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

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

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directed.

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     23-19.17-4. Ordinances.

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     Municipalities are authorized to establish ordinances necessary to implement the

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purposes of this chapter.

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     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

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

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

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containers at the point of sale.

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     This act would take effect on January 1, 2018.

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