Bill Text: HI SB2932 | 2012 | Regular Session | Introduced
Bill Title: Environmental Protection; Plastic Bags
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-01-27 - (S) Referred to ENE/EDT, WAM. [SB2932 Detail]
Download: Hawaii-2012-SB2932-Introduced.html
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THE SENATE |
S.B. NO. |
2932 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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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 create unsightly litter and are a significant source of environmental degradation that crowds Hawaii's landfills with non-biodegradable waste, pollutes the surrounding ocean waters, and endangers marine life. One means of protecting the State's precious natural environment is by requiring 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 businesses to provide only biodegradable plastic, paper, or reusable bags as checkout 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 . BIODEGRADABLE CHECKOUT BAGS
§342H- Definitions. As used in this part, unless the context otherwise requires:
"ASTM standard" means the ASTM International standard D6400-04 for compostable plastics, as amended.
"Biodegradable plastic bag" means a bag made of plastic that 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 biodegradable plastic, paper, or reusable checkout bags. (a) Beginning , 2012, a business:
(1) Shall provide only biodegradable plastic bags, paper bags, or reusable bags as checkout bags to customers; and
(2) Is prohibited from providing non-biodegradable single-use plastic checkout bags to customers.
(b) Nothing in this part shall preclude a business 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. Any person who violates this part or any rule adopted pursuant to this part shall be fined no more than $ for each separate offense."
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. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Environmental Protection; Plastic Bags
Description:
Requires a business to provide only biodegradable plastic, paper, or reusable bags as checkout bags to customers; prohibits a business from providing non-biodegradable single-use plastic checkout bags to customers; establishes an unspecified fine for each violation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
