HOUSE OF REPRESENTATIVES

H.B. NO.

998

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

"Part   .  disposable 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.

     "Disposable checkout bag":

     (1)  Means a bag made of plastic that is less than 2.25 mils thick, 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 prepared foods or bakery goods;

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

         (E)  Newspaper bags;

         (F)  Door hanger bags;

         (G)  Laundry or dry cleaning 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 garbage, pet waste, or yard waste bags; or

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

     "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 mils thick.

     §342H-B  Distribution of disposable checkout bags; fee.  (a)  Beginning January 1, 2012, all businesses in the State shall charge and collect a fee of 10 cents for each disposable checkout bag that is provided to customers.

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

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

     §342H-C  Remittance of fees.  (a)  Not later than the fifteenth day of each month, each business subject to the requirements of this part shall remit to the department the fees collected pursuant to section 342H-B during the previous month.

     (b)  A business may develop and implement its own recycling program for disposable checkout bags, if approved by the director of health.  Businesses that develop and implement a recycling program for disposable checkout bags shall remit to the department an amount equal to fifty per cent of the fees collected pursuant to section 342H-B during the previous month; provided that each businesses shall post conspicuous notice of its recycling program within the premises of the business.  The portion of fees retained by a business shall be subject to state taxes.

     (c)  Payments and receipts of fees shall be reported on forms prescribed by the director.

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

     (e)  All fees collected by the department pursuant to this part shall be deposited into the energy sustainability special fund.

     §342H-D  Violations.  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.

     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 disposable checkout bags in effect prior to the effective date of this part, this part shall preempt the powers of any county to regulate the use of disposable checkout bags.

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

     §342H-G  Energy sustainability special fund.  There is created within the state treasury the energy sustainability special fund into which shall be deposited fees remitted by businesses pursuant to section 342H-C.  Moneys in the energy sustainability fund shall be used by the department to fund activities that promote the increased use of sustainable and renewable energy resources."

     SECTION 2.  In codifying the new sections added by section 1 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 3.  This Act shall take effect on July 1, 2011.

INTRODUCED BY:

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Report Title:

Environmental Protection; Plastic Checkout Bags; Fee

 

Description:

Requires businesses in the State to collect a 10 cent fee for each plastic disposable checkout bag provided to a customer.  Authorizes businesses that develop their own disposable plastic checkout bag recycling program to retain 50 per cent of the fees collected.  Establishes the energy sustainability special fund.

 

 

 

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