HOUSE OF REPRESENTATIVES

H.B. NO.

2082

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to a ban on disposable bags.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  (a)  The legislature finds that the excessive use of single-use checkout bags presents an unnecessary hazard to the natural environment.  Single-use checkout bags:

     (1)  Require, for their manufacture, either crude oil, a polluting fossil fuel, or paper, a resource that requires the destruction of trees needed for carbon sequestration;

     (2)  Pose serious health risks to legally protected sea turtles and marine mammals;

     (3)  Contribute to unsightly litter;

     (4)  Burden overcrowded landfills;

     (5)  Are infrequently recycled;

     (6)  Contribute to deforestation and greenhouse gas emissions; and

     (7)  Are manufactured using large quantities of water and non-renewable energy.

An environmentally friendly alternative to the single-use checkout bag is the reusable bag, which consumers can easily acquire, clean, and store.

     The State has a compelling interest in protecting its precious natural environment.  Several countries as well as international and domestic cities have successfully implemented laws that have resulted in a significant reduction in single-use checkout bag usage.  The health and welfare of the people of Hawaii would benefit from a significant reduction of single-use checkout bag waste and litter.

     The improper disposal of all bags, paper or plastic, pollutes Hawaii's streams and coral reefs and strangles and starves endangered marine animals.  Items that do not find their way into the environment become legacy items that will burden future generations in landfills.  Increasing the resilience of these ecosystems to these threats requires litter removal, strengthening water quality measures such as reducing discharge of pollutants in developed areas and controlling erosion caused by deforestation and invasive species, and reducing erosion and sedimentation of reefs.  Protecting Hawaii's streams and marine areas from these high-priority threats will help offset the damage caused by ubiquitous single-use checkout bags.

     (b)  The legislature also finds that the only sustainable and ecologically responsible solution to the deleterious effects of all single-use bags is to ban their use.  Fees and taxes do not make single-use bags any less harmful to public health or the environment.  Any policy of bag fees fails tests of sustainability for the following reasons:

     (1)  It will still result in disposable bags being released into the environment;

     (2)  It is socially unsustainable because any flat fee or tax would burden low- and middle-income people disproportionately;

     (3)  It is economically unsustainable as evidenced by the recent experience with the deposit beverage container program which demonstrates the difficulty in both the oversight and management of container fees, and a disposable bag is nothing more than a container; and

     (4)  It will still result in the consumption of nonrenewable resources to produce paper or plastic disposable bags and perpetuates legacy items in landfills for future generations to manage, which runs contrary to the goal of intergenerational justice implicit with sustainability.

     The purpose of this Act is to prohibit the distribution of non-biodegradable single-use 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   .  SINGLE-USE CHECKOUT BAG BAN

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

     "Biodegradable" means capable of degradation caused by biological activity, especially enzymatic activity, into elements found in nature within a reasonably short amount of time when exposed to air, moisture, and bacteria or other organisms.

     "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.

     "Mil" means one thousandth of one inch.

     "Single-use checkout bag":

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

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

         (E)  Newspaper bags for home newspaper delivery;

         (F)  Door-hanger bags;

         (G)  Laundry, dry cleaning, or garment 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;

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

         (J)  Bags used to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals sold at the retail level; provided that this exemption shall be limited to one bag per customer.

     §342H-    Single-use checkout bag; prohibited.  Notwithstanding any other law, county ordinance, or rule to the contrary, beginning July 1, 2015, it shall be unlawful for a business to distribute a non-biodegradable single-use checkout bag to a customer.

     §342H-    Violations.  Violations of this part shall be subject to a fine of not less than $1,000 for each violation.

     §342H-    Injunctive and other relief.  The director may institute a civil action in any court of competent jurisdiction for injunctive and other relief to correct or abate violation of this part, to collect administrative penalties, or to obtain other relief."

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Environmental Protection; Single-use Checkout Bags; Ban

 

Description:

Prohibits businesses from distributing non-biodegradable single-use checkout bags to customers.

 

 

 

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