Hawaii-2011-SB1059-Amended

SECTION 1. The legislature finds that single-use plastic checkout bags present a hazard to the environment. Single-use plastic checkout bags are not only a source of unsightly litter, they are a significant source of environmental degradation that crowds landfills with non-biodegradable waste, pollutes the oceans, endangers marine life, and requires fossil fuels to manufacture.

Around the world, plastic pollution contributes to clogged waterways and damaged marine ecosystems and eventually finds its way into the oceans through storm drains and watersheds. Polyethylene, or polythene, is the most widely used plastic with an annual production of approximately eighty million metric tons. Polyethylene is primarily used for packaging materials and is the most common material for plastic shopping bags. Commercial polyethylene is not considered to be biodegradable, and most commercial polyethylene waste ends up in landfills or the oceans. Once in the ocean, polyethylene plastic products float on the surface where, over time, sunlight and wave action cause them to break into smaller particles, but they never disappear entirely. Plastic bags and other plastic pollution pose a particular hazard for Hawaii's environment and marine wildlife. The "Great Pacific Garbage Patch", a giant concentration of floating marine debris twice the size of Texas, moves seasonally with the currents in the North Pacific Ocean and frequently deposits plastic bags and other debris on the Northwestern Hawaiian Islands and on the main islands of Hawaii.

The legislature further finds that the State has a compelling interest in protecting its precious natural environment by decreasing the amount of waste that flows into its landfills. This Act follows the lead of several cities and counties in the United States and several foreign countries that have adopted laws that discourage the use of single-use plastic checkout bags. Because Hawaii's economy, culture, and the livelihood of its people depend heavily on preserving its natural environment, the legislature finds that the State will benefit by encouraging the use of reusable shopping bags.

The purpose of this Act is to reduce the State's production of waste and its negative impact on the environment by prohibiting the distribution of single-use plastic checkout bags by certain businesses.

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 PLASTIC checkout BAGS

§342H‑ 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.

"Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine washable fabric or made of other durable material suitable for re-use, including plastic that is at least 2.25 millimeters thick.

"Single-use plastic checkout bag" means a bag made of non‑biodegradable plastic, other than plastic that is at least 2.25 millimeters thick, whether recyclable or non-recyclable, that is provided by a business to a customer, and is designed for one‑time use to transport merchandise. "Single-use plastic checkout bag" shall not include:

(1) Bags used by customers inside a business to package bulk items such as fruits, vegetables, nuts, grains, candies, or small hardware items prior to the point of sale;

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

(3) Bags used to protect prepared foods or bakery goods for take-out or transport;

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

(5) Newspaper bags;

(6) Door hanger bags;

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

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

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

§342H‑ Prohibition on single-use plastic checkout bags. (a) Beginning on July 1, 2012, businesses with annual gross sales of over $300,000 are prohibited from distributing single-use plastic checkout bags to their customers at the point of sale.

(b) Any person who violates this section shall be subject to:

(1) For a first violation, a fine of not more than $200;

(2) For a second violation within one year, a fine of not more than $400; and

(3) For a third or subsequent violation within one year, a fine of not more than $600.

§342H‑ Injunctive and other relief. The director may institute a civil action in any court of competent jurisdiction for injunctive and other relief to prevent any violation of this part or any rule adopted pursuant to this part, to collect administrative penalties, or to obtain other relief. The court shall have power to grant relief in accordance with the Hawaii rules of civil procedure.

§342H‑ Rules. The director shall adopt rules under chapter 91 as may be necessary to effectuate the purpose of this part."

SECTION 3. The State may exempt an entity from this Act for an interim period of no longer than one year from the effective date of this Act upon sufficient showing by a business subject to this Act that implementation of this Act would cause undue hardship. The business shall submit a request for an exemption in writing to the director of health. The term "undue hardship" may include the following:

(1) Situations where there are no acceptable alternatives to single-use plastic checkout bags, as defined in this Act, for reasons that are unique to the business; and

(2) Situations where compliance with the requirements of this Act would deprive a business of a legally-protected right.

SECTION 4. Nothing in this Act shall be interpreted or applied so as to preempt any more stringent ordinance adopted by any county.

SECTION 5. Nothing in this Act shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	1059
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII