2019 -- H 5671 SUBSTITUTE A

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LC001831/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY - PLASTIC WASTE REDUCTION ACT

     

     Introduced By: Representatives McEntee, Fellela, Ucci, Costantino, and Handy

     Date Introduced: February 27, 2019

     Referred To: House Environment and Natural Resources

     (Dept. of Environmental Management)

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. Plastic waste reduction act. - Findings.

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     (1) Plastic pollution is dangerous to the health of our oceans and ocean species,

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contributes to climate change, and is a major component of unsightly litter both on our lands and

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in our waters;

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     (2) Plastics that enter the marine environment break down through wave action and

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sunlight into smaller pieces called microplastics, which can be ingested by marine life, putting

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Rhode Island's fishing industries and aquatic ecosystems at risks;

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     (3) Plastic bags and thin plastic films are the predominant contaminant of recycling loads

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in Rhode Island;

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     (4) Single-use plastic bags have severe environmental impacts on a local and global scale,

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including pollution of our waters, harm to marine and wildlife, greenhouse gas emissions,

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blocking storm drains and creating litter;

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     (5) It is in the best interests of the health, safety and welfare of citizens of and visitors to

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Rhode Island to protect our environment and our natural resources by reducing the distribution of

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single-use plastic checkout bags and incentivizing the use of reusable bags.

 

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     23-19.17-2. 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) "Recyclable paper bag" means a paper bag that is one hundred percent (100%)

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recyclable including the handles, contains at least forty percent (40%) post-consumer paper

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content, and displays the words "Recyclable" and the percentage of post-consumer paper content

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in a visible manner on the outside of the bag. The term "recyclable paper bag" does not include

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paper carryout bags at restaurants.

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     (3) "Retail sales establishment" means any licensed enterprise where the sale or transfer

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to a customer of goods in exchange for payment occurs in a retail store, flea market, or restaurant

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or other food service establishment. Retail sales establishments do not include farmers' markets,

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bazaars or festivals operated by nonprofit or religious institutions, yard sales, tag sales, or other

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sales by residents at their homes.

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

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manufactured for one hundred twenty-five (125) or more reuses, and is made primarily of

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washable cloth, other durable woven or nonwoven fabric, polyester, polypropylene, or other

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durable plastic with a minimum thickness of four (4.0) mils.

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     (5) "Single-use plastic checkout bag" means a carryout bag that is provided to the

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customer at the point of sale for the purpose of transporting groceries or other retail goods, and is

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made from compostable or non-compostable plastic and not specifically designed and

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manufactured for multiple re-use.

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     The term "single-use plastic checkout bag" does not include the following types of bag:

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

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

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

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other items to contain dampness or prevent contamination of other goods;

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     (iii) Bags used to contain unwrapped prepared foods or bakery goods;

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     (iv) Newspaper bags for home newspaper delivery;

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     (v) Door-hanger bags;

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

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to contain wet or dirty clothing;

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     (vii) Bags sold in packages containing multiple bags intended for household or

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commercial use to contain foods and for garbage, pet waste, or yard waste;

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

 

LC001831/SUB A - Page 2 of 5

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     (ix) Bags provided to transport partially-consumed bottles of wine.

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     23-19.17-3. Prohibition on single-use plastic bag distribution.

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     (a) Retail sales establishments are prohibited from making available any single-use

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plastic checkout bag or any paper checkout bag that is not a recyclable paper bag or a paper

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carryout bag at restaurants.

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     (b) To further promote the use of reusable shopping bags and reduce the quantity of

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single-use carryout bags entering the waste stream, retailers are authorized and encouraged to

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make reusable carryout bags available to the public, targeting low-income households to the

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greatest degree possible.

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     23-19.17-4. Enforcement and penalty.

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     (a) Responsibility and jurisdiction for enforcement shall be with municipalities and the

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department.

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     (b) Violations of any section of this chapter shall subject a retail sales establishment to

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penalties as set forth in this chapter.

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     (c) Penalties for violation of this chapter shall be as follows:

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     (1) One hundred dollars ($100) for the first violation in a calendar year;

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     (2) Two hundred dollars ($200) for the second violation in a calendar year;

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     (3) Five hundred dollars ($500) for the third and any subsequent violation in a calendar

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year.

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     (d) All penalties collected by municipalities pursuant to this section shall be retained by

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the municipality.

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     23-19.17-5. Uniformity.

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     This chapter is a matter of statewide interest and concern and is applicable uniformly

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throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable

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bags, single-use bags, and recyclable paper bags, as defined in this chapter, provided by a retail

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sales establishment, as defined in ยง 23-19.17-2, and shall supersede any and all state and local

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laws, regulations, and ordinances in this field.

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     23-19.17-6. Rules and regulations.

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     The director is hereby authorized to promulgate rules and regulations necessary to carry

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out the provisions of this chapter.

 

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     SECTION 2. This act shall take effect within one year from the date of promulgation of

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regulations by the department as authorized by this chapter, or on January 1, 2021, whichever

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occurs first.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PLASTIC WASTE REDUCTION ACT

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     This act would create the "Plastic Waste Reduction Act" designed to reduce the use of

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plastic bags by retail establishments by offering recyclable bag options and providing penalties

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for violations.

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     This act would take effect within one year from the date of promulgation of regulations

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by the department as authorized by this chapter, or on January 1, 2021, whichever occurs first.

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