HB891.DOC

SECTION 1. The legislature finds that non-recyclable non-biodegradable single-use plastic checkout bags present a hazard to the natural environment. Non-compostable single-use plastic checkout bags are not only a source of unsightly litter but also a significant source of environmental degradation, because they crowd landfills with non-compostable waste, endanger marine life, and require fossil fuel to manufacture. In light of these factors, businesses that prefer to provide consumers with plastic bags should transition to providing a less-toxic compostable alternative.

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 the state's economy, culture, and the livelihood of its people depend heavily on preserving its natural environment, the legislature finds that the state will benefit from the elimination of non-compostable checkout bags.

The purpose of this Act, therefore, is to mandate certain retail establishments to use only compostable plastic checkout bags.

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

"PART . NON-COMPOSTABLE PLASTIC BAGS PROHIBITED

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

"ASTM D6400 standard" means the American Society for Testing and Materials' ASTM D6400 standard for determining whether a plastic material or product made from a plastic material can be considered compostable.

"Business" means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, and corporations, or any other legally cognizable entity, wither 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 at the point of sale.

"EN 13432 standard" means the European Norm EN13432 standard, including requirements for packaging recoverable through composting and biodegradation.

"Operator" means a person in control of or having responsibility for the daily operation of a store and includes the owner of the store.

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

"Recyclable paper bag" means a paper bag that meets all of the following requirements:

(1) Contains no old-growth fiber;

(2) Is one hundred per cent recyclable overall and contains a minimum of forty per cent post-consumer recycled content; and

(3) Displays the word "recyclable" in a highly visible manner on the outside of the bag.

"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- Use of non-compostable plastic bags prohibited. (a) Beginning January 1, 2013, all business operators of businesses with annual gross sales of $500,000 or more shall be prohibited from offering non-compostable plastic checkout bags to consumers at the point sale for the purpose of transporting groceries or other goods.

(b) Nothing in this section shall preclude a business operator from offering:

(1) A recyclable paper bag to consumers at the point of sale for the purpose of transporting groceries or other goods; or

(2) Reusable bags for sale to consumers.

§342H- Administrative fines. In addition to any civil remedy provided by law, the director may impose by order the following administrative penalties for violation of this part:

(1) For an initial violation, a fine of not more than $100;

(2) For a second violation within one year, a fine of not more than $200; and

(3) For a third or subsequent violation within one year, a fine of not more than $500;

provided that each violation of this section shall constitute a separate violation.

Fines collected pursuant to this part shall be deposited into the general fund.

§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 a violation of this part, to collect administrative penalties, or to obtain other relief.

§342H- Rules. The department may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this part."

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 law.
SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	891
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII