Bill Text: HI HB2821 | 2012 | Regular Session | Introduced

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Bill Title: Single-use Checkout Bags; Fees; Watershed Protection; DLNR

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-27 - (H) Referred to EEP/WLO, ERB, FIN, referral sheet 9 [HB2821 Detail]

Download: Hawaii-2012-HB2821-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2821
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to environmental protection.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the State has a compelling interest in protecting its precious natural environment.  Several countries and international and domestic cities have successfully implemented laws that have reduced non-reusable checkout bag usage and used offset fees to protect the environment.  A significant reduction of non-reusable checkout bag waste and litter in Hawaii would likely benefit the public's health and welfare because the people of Hawaii depend on our natural environment for economic, social, and cultural reasons.

     The legislature also finds that the production and disposal of non-reusable checkout bags should be mitigated by additional funding to reduce water quality damage, deforestation, and climate change.  Improper disposal of bags, particularly plastic bags, pollutes Hawaii's streams and coral reefs and strangles and starves endangered marine animals. Increasing the resilience of marine ecosystems to the threat posed by pollution requires litter removal, strengthening water quality measures, and reducing erosion and sedimentation of reefs.

     The purpose of this Act is to reduce the adverse impact of non-reusable checkout bag waste on Hawaii's precious and unique natural environment by establishing an offset fee for the distribution of single-use checkout bags to fund programs to improve water quality and resilience to climate change.

     SECTION 2.  Chapter 342H, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART   .  SINGLE-USE CHECKOUT BAG FEE

     §342H-A  Definitions.  As used in this part, unless the context otherwise requires:

     "Business" means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, and corporations, or any other legally cognizable entity, and includes all employees of the business or any independent contractors associated with the business.

     "Department" means the department of land and natural resources.

     "Mil" means one thousandth of an inch.

     "Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of:

     (1)  Cloth or other machine washable fabric; or

     (2)  Other durable material suitable for reuse, including plastic that is at least 2.25 mils thick.

     "Single-use checkout bag":

     (1)  Means a bag made of plastic that is less than 2.25 mils thick, or a paper package or sack, whether recyclable or non-recyclable, that is provided by a business to a customer, and is designed for one-time use to contain and transport merchandise; and

     (2)  Does not include:

         (A)  Bags used by customers inside a business to package loose items, such as fruits, vegetables, nuts, grains, or candies, or small hardware items;

         (B)  Bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or other items to contain dampness;

         (C)  Bags used to protect or transport prepared foods or bakery goods;

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

         (E)  Newspaper bags;

         (F)  Door-hanger bags;

         (G)  Laundry, dry cleaning, or garment bags, including bags provided by hotels to guests to contain wet or dirty clothing;

         (H)  Bags sold in packages containing multiple bags intended for use as storage, garbage, pet waste, or yard waste bags; or

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

     "Small business" means a business that has grossed $250,000 or less in revenues during the previous year.

     §342H-B  Distribution of single-use checkout bags; fee.  (a)  Beginning January 1, 2013, all businesses in the State shall charge and collect a fee of 10 cents for each single-use checkout bag that is provided to customers; provided that a business may provide single-use checkout bags free of charge to any customer participating in federally approved nutrition assistance programs, including the supplemental nutrition assistance program and the special supplemental nutrition program for women, infants, and children.

     (b)  Businesses subject to the requirements of this part shall indicate on each customer transaction receipt the number of single-use checkout bags provided to the customer and the total amount of the fee charged to the customer.

     (c)  Nothing in this part shall preclude businesses from making reusable bags available for sale to customers.

     (d)  A business may retain twenty per cent of the fees collected from January 1, 2013, until December 31, 2013, and ten per cent of the fees collected thereafter; provided that the portion of the fees retained by businesses shall be subject to chapters 235 and 237.

     §342H-C  Remittance of fees.  (a)  No later than the last day of each month, each business subject to the requirements of this part shall remit to the department the applicable percentage of the fees collected pursuant to section 342H-B during the immediately preceding month; provided that a small business may remit the fees on a quarterly basis on the last day of the month following the end of a quarter.

     (b)  Payments and receipts of fees shall be reported on forms prescribed by the department.  Any proprietary information obtained by the department shall be kept confidential and shall not be disclosed to any other person.

     (c)  Businesses shall be subject to penalties and interest for late or underpaid fees.

     (d)  All fee revenues collected by the department pursuant to this part shall be deposited as follows:

     (1)  Sixty per cent of the fee revenues collected from January 1, 2013, until December 31, 2013, and seventy per cent of the fees collected thereafter, into the natural area reserve fund established pursuant to section 195-9, to be expended by the department on watershed protection and restoration and for expenses related to the administration and enforcement of this part; and

     (2)  Twenty per cent of the fee revenues collected into the environmental management special fund established pursuant to section 342G-63, to be expended by the department of health for expenses related to clean water and environment protection.

     §342H-D  Violations.  (a)  It shall be a violation of this part for any business that is subject to the requirements of this part to pay or otherwise reimburse a customer for any portion of the fee required to be charged and collected pursuant to section 342H-B.

     (b)  Violations of this part or any rule adopted pursuant to this part shall be subject to a fine of not less than $1,000 for each violation.

     §342H-E  Preemption.  Except for any county ordinance regulating single-use checkout bags in effect prior to the effective date of this part, this part shall preempt the authority of any county to regulate the use of single-use checkout bags; provided that in counties where an ordinance regulating plastic single-use checkout bags is in effect, the fee established under section 342H-B shall apply only to single-use checkout bags made of paper.

     §342H-F  Rules.  The department shall adopt rules, pursuant to chapter 91, as may be necessary for the purposes of this part."

     SECTION 3.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 4.  This Act shall take effect on January 1, 2013.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Single-use Checkout Bags; Fees; Watershed Protection; DLNR

 

Description:

Requires businesses in the State to collect a 10-cent fee for each single-use checkout bag provided to a customer, with certain exceptions.  Subject to income and general excise taxes, allows businesses to keep 20% of the fees collected from 1/1/13 to 12/31/13 and 10% thereafter.  Requires fees to be collected on paper bags in counties that currently have ordinances banning plastic bags.  Authorizes 20% of the fees collected to be expended by DOH for clean water projects.  Authorizes 60% of the fees collected from 1/1/13 to 12/31/13, and 70% thereafter, to be expended by DLNR for watershed protection.  Takes effect 1/1/2013.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.