Email This Article Print This Article Plastic Grocery Bags Jan 22, 2008 State legislators around the country are working to limit the use of plastic grocery bags, which are made from oil and are a persistent form of litter. Options for reducing the use of plastic bags include: requiring a fee on each bag used; requiring retailers to develop collection and recycling programs; or by banning their use altogether in favor of biodegradable or reusable grocery bags. Other countries, such as Ireland, place fees on each bag used, and San Francisco banned non-biodegradable plastic grocery bags last spring. California, Illinois and Rhode Island enacted laws in 2006 and 2007. NCEL has compiled, below, a list of plastic grocery bag laws along with legislation introduced in 2007 and planned in 2008. Legislation Aimed at Plastic Grocery Bags Enacted Legislation: In 2006, California enacted AB2449, which requires retailers to set up recycling programs for plastic bags. For more information on California’s law, visit the state Integrated Waste Management Board at: http://www.ciwmb.ca.gov/LGCentral/Basics/PlasticBag.htm. Illinois SB303 was passed on August 17, 2007 and requires retailers that distribute plastic carryout bags to consumers to implement a plastic carryout bag collection and recycling program. There was similar legislation in the House, HB578. To view of copy of the Illinois law, use this link: http://12.43.67.2/legislation/publicacts/fulltext.asp?Name=095-0268. Rhode Island law requires retailers to provide receptacles for collecting and recycling plastic bags. In 2007, the law was amended to apply to only retail establishments with annual sales of over $8 million within the state. To view a copy of the law, use this link: http://www.rilin.state.ri.us/PublicLaws/Law07/law07314.htm. Legislation planned for 2008: Hawaii HB2177 would require retailers in the State to distribute only recyclable, reusable, or compostable checkout bags. Maine will debate legislation placing a 20 cent fee on each plastic shopping bag. The sponsor hopes the legislation will spur production of bags made from bio-based plastics using Maine potatoes. To view a related article, use this link: http://pressherald.mainetoday.com/story_pf.php?id=150377&ac=PHnws New Hampshire legislators have filed HCR217 which endorses the Kids for a Cooler Planet campaign to help address the issue of global climate change by reducing the use of disposable shopping bags and encouraging the widespread use of reusable shopping bags; encourages retailers to sell and promote reusable shopping bags; urges state government to facilitate business awareness and understanding of the Kids for a Cooler Planet campaign to reduce the use of disposable shopping bags by helping businesses to promote reusable shopping bags; encourages the education of the general public about the importance and benefits of using reusable bags and the disadvantages of using paper and plastic disposable shopping bags; and urges the state to facilitate the broadcast of public service announcements in New Hampshire to educate the general public about the importance and benefits of using reusable bags and the disadvantages of using disposable paper or plastic shopping bags. To view a copy of the resolution, use this link: http://www.gencourt.state.nh.us/legislation/2008/HCR0017.html In New Jersey, A1326 would require every retail store operator to establish an in-store recycling program that provides an opportunity for customers to return clean plastic carryout bags to that store. The bill would require a plastic carryout bag provided by a store to have specified information printed or displayed on the bag, and would require the placement of a plastic carryout bag collection bin in each store that is visible and easily accessible to the consumer. All plastic bags collected by the store must be collected, transported, and recycled in a manner that does not conflict with the relevant county district recycling plan. The bill would also require the operator of a store to make reusable bags available to customers for purchase. The bill would require a manufacturer of plastic carryout bags to develop educational materials to encourage the reducing, reusing, and recycling of plastic carryout bags and to make the materials available to stores. This bill is based on recently enacted legislation in California which became effective on January 1, 2007. (Source: A1326 summary) The bill can be viewed here: http://www.njleg.state.nj.us/2008/Bills/A1500/1326_I1.HTM New York legislation reintroduced in 2008 would require operators of retail stores to establish at-store recycling programs that provide opportunities for customers to return clean plastic carryout bags. In Virginia, HB1524 would allow any locality to ban plastic bags for carryout items unless the plastic carryout bag is a durable plastic bag, with handles, that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse. Also in Virginia, HJR169, requests the Department of Environmental Quality to study policies to mitigate the negative effects of improperly disposed of plastic bags on the Commonwealth's environment and to report to the legislature on its findings. Washington Representative Maralyn Chase has prefiled HB2424, which would require grocery stores to provide only checkout bags made of recyclable paper, compostable plastic, reusable machine-washable textile materials, or reusable plastic. To view a copy of the legislation, use this link: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2424 Legislation introduced in 2007, but not enacted Alaska HB230 and SB118 would have added a 15-cent fee on each disposable bag, including a grocery sack, dry-cleaning bag, take-out food bag, retail bag, membership or wholesaler bag, and service station bag. Funds generated would support a new Alaska litter and marine debris reduction and recycling fund. To view a copy of HB230, use this link: http://www.legis.state.ak.us/PDF/25/Bills/HB0230A.PDF Connecticut HB6597/SB776 would have required all retail establishments to recycle plastic shopping bags and to prohibit the use of any plastic shopping bag at any retail establishment not later than three years after the adoption of this act. To view a copy of HB6597, use this link: http://www.cga.ct.gov/2007/TOB/H/2007HB-06597-R00-HB.htm Hawaii legislators introduced resolutions, HR258 & HCR323, urging the state to review and consider recommending a statewide policy to reduce the use of plastic grocery bags by prohibiting stores that have over $2 million in annual sales from offering non-recyclable plastic grocery bags, and instead requiring those stores to use bags made of paper, recyclable plastic, or a reusable material; and imposing fines on stores that violate the ban. New Jersey A3994 would require retail store operators to establish in-store recycling programs that provide opportunities for customers to return clean plastic carryout bags. To view a copy of A3994, use this link: http://www.njleg.state.nj.us/2006/Bills/A4000/3994_I1.HTM Also in New Jersey, A4553 was introduced, which would require, beginning November 30, 2010, every retailer to restrict the use of non-compostable plastic bags by 50% of the current volume and by December 31, 2012, all non-compostable plastic bags shall be banned from use. Every retailer shall submit a report documenting the reduction in usage of non-compostable plastic bags to the department on or before November 30, 2010. Beginning January 1, 2013, every retailer would have to provide as carryout bags to customers a recyclable paper bag, a compostable bag, or a reusable bag. To view a copy of A4554, use this link: http://www.njleg.state.nj.us/2006/Bills/A5000/4552_I1.HTM New York A7173 would impose a fifteen cent tax on plastic shopping bags used to transport every sale of tangible personal property by consumers. To use a copy of A7173, use this link: http://assembly.state.ny.us/leg/?bn=a7173 NY A7219 was introduced. It would prohibit the use of plastic bags in supermarkets with annual gross sales of two million dollars or more. Only compostable plastic bags, paper bags or reusable bags could be used for checkout. To view a copy of A7219, use this link: http://assembly.state.ny.us/leg/?bn=a7219 NY A8633/S4477 would require retail businesses to restrict the use of non-compostable plastic bags by 50 percent of the current volume by 2010 and completely ban the use of such bags by 2012. To view a copy of A8633, use this link: http://assembly.state.ny.us/leg/?bn=a8633 NY A8810/S6253 would require operators of retail stores to establish at-store recycling programs that provide opportunities for customers to return clean plastic carryout bags. To view a copy of A8810, use this link: http://assembly.state.ny.us/leg/?bn=a8810 These bills are still active for 2008. South Carolina debated SB692 which would have required by 2012 that all plastic bags provided by a retailer be biodegradable. To view a copy of SB692, use this link: http://www.scstatehouse.net/sess117_2007-2008/bills/692.htm Email This Article Print This Article

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