Bill Text: HI SB1370 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 1370 (Prior Session Legislation)

Introduced

Bill Title: Environmental Protection; Biodegradable Plastic Bags

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1370 Detail]

Download: Hawaii-2012-SB1370-Introduced.html

THE SENATE	S.B. NO.	1370
TWENTY-SIXTH LEGISLATURE, 2011
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 non-biodegradable plastic bags present a hazard to the environment. Non-biodegradable plastic 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. 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 biodegradable plastic bags.

The purpose of this Act is to reduce the State's production of waste and its negative impact on the environment by requiring merchants to use biodegradable plastic bags when they provide plastic bags to their customers.

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

"PART . USE OF BIODEGRADABLE PLASTIC BAGS

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

"ASTM standard" means the American Society for Testing and Materials International standard D6400-04 for compostable plastics, as amended.

"Biodegradable plastic bag" means a bag made of plastic which meets the ASTM standard.

"Business" means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, and corporations, or any other legally cognizable entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.

"Checkout bag" means a carryout bag that is provided by a store to a customer.

"Director" means the director of health.

"Non-biodegradable single-use plastic checkout bag" means a bag made of non-biodegradable plastic, whether recyclable or non-recyclable, that is provided by a business to a customer and is designed for one-time use to transport merchandise.

"Person" means an individual, trust, firm, joint stock company, corporation, cooperative, partnership, limited liability company, or association.

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

(1) Made of cloth or other machine washable fabric; or

(2) Made of other durable material suitable for re-use, including plastic that is at least 2.25 millimeters thick.

§342H- Mandatory use of paper, biodegradable, compostable or reusable checkout bags. (a) Beginning January 1, 2012, businesses with annual gross sales of over $250,000:

(1) Are prohibited from providing non-biodegradable single-use plastic checkout bags to their customers at the point of sale to their customers; and

(2) Shall provide only paper bags, biodegradable plastic bags, or reusable bags as checkout bags to customers.

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

§342H- Rules. The director shall adopt rules under chapter 91 to effectuate the purpose of this part.

§342H- Administrative penalties. The director is authorized to impose by order the following administrative penalties for violations of this part:

(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, any rule adopted pursuant to this part, to collect administrative penalties, or to obtain other relief. The court shall have the power to grant relief.

§342H- Exemptions. The State may exempt a business or person from this part for an interim period no longer than one year upon sufficient showing by the applicant that implementation of the provisions of this part would cause undue hardship. This request shall be submitted in writing to the director of health. For purposes of this section, the term "undue hardship" includes the following:

(1) Situations where there are no acceptable alternatives to non-biodegradable single-use plastic checkout bags for reasons that are unique to the entity; and

(2) Situations where compliance with the requirements of this part would deprive a person of a legally protected right."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. 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 5. This Act shall take effect upon approval.

INTRODUCED BY:	_____________________________

Report Title:

Environmental Protection; Biodegradable Plastic Bags

Description:

Requires businesses in the State to distribute only paper biodegradeable plastic or compostable checkout bags.

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