2018 -- H 7851

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY - PLASTIC WASTE REDUCTION ACT

     Introduced By: Representatives McEntee, Handy, Regunberg, Fogarty, and Tanzi

     Date Introduced: February 28, 2018

     Referred To: House Finance

     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, including, but not limited to,

local retail sales establishments with a "parent and/or franchising company" that has five million

dollars ($5,000,000) or more in annual gross retail sales volume.

     (4) "Parent and/or franchising company" means an entity that owns or controls other

retail sales establishments which are legal entities in their own right or a business system in which

private entrepreneurs purchase the rights to open and run a retail sales establishment location of a

larger company.

     (5) "Plastic checkout bag" means a carryout bag that is provided by a business to a

customer for the purpose of transporting groceries or other retail goods, and is made from non-

compostable plastic and not specifically designed and manufactured for multiple re-use.

     The term "plastic checkout bag" does not include the following types of bags which are

excluded from the ban and may continue in use:

     (i) Bags used by customers inside a business to package loose items, such as fruits,

vegetables, nuts, ground coffee, grains, candies, or small hardware items;

     (ii) Bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or

other items to contain dampness;

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

     (iv) Newspaper bags for home newspaper delivery;

     (v) Door-hanger bags;

     (vi) Laundry, dry cleaning, or garment bags, including bags provided by hotels to guests

to contain wet or dirty clothing;

     (vii) Bags sold in packages containing multiple bags intended for use as garbage, pet

waste, or yard waste bags;

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

     (ix) 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;

     (x) Compostable plastic bags.

     (6) "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, flea market, or restaurant.

This meaning does not include sales of goods at farmers' markets, yard sales, tag sales, other sales

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

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

five million dollars ($5,000,000) in annual gross retail sales volume.

     23-19.17-2. Plastic waste reduction.

     (a) Effective January 1, 2021, large retail sales establishments are prohibited from

making available any plastic checkout bag;

     (b) Effective January 1, 2021, no retail sales establishment, including large retail sales

establishments and small retail sales establishments, shall make available any expanded

polystyrene disposable food container at the point of sale.

     23-19.17-3. Paper bag fee requirements.

     (a) For each paper bag provided to a customer, the retail sales establishment may collect

from customers, at the time of purchase, a paper bag fee of up to twenty-five cents ($0.25).

     (b) A retail sales establishment which collects a paper bag fee shall exempt a customer

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from the paper bag fee when that customer uses an electronic benefits transfer (EBT) card or is

using a payment card or voucher issued by the state for the Supplemental Nutrition Assistance

Program (SNAP) or Special Supplemental Nutrition Program for Women, Infants, and Children

(WIC).

     (c) All fees collected pursuant to this section shall be retained by the retail sales

establishment.

     23-19.17-4. Enforcement penalty.

     (a) This chapter shall be implemented, administered and enforced by the municipal police

departments, or any 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

committing 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.

     23-19.17-5. Ordinances.

     Municipalities are authorized to enact ordinances necessary to implement the purposes of

this chapter.

     23-19.17-6. Opt out election.

     A municipality may opt out of the provisions of this chapter by resolution of their

governing body or local ballot referendum any time prior to the effective date of this chapter.

     SECTION 2. This act shall take effect on January 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PLASTIC WASTE REDUCTION ACT

***

     This act would prohibit large retail sales establishments from providing plastic checkout

bags and all retail establishments from providing expanded polystyrene disposable food

containers enforced by municipal police departments or other municipal designees with an opt out

provision.

     This act would take effect on January 1, 2021.

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