Connecticut Seal

General Assembly

 

Substitute Bill No. 349

    January Session, 2015

 

*_____SB00349PD____041415____*

AN ACT CONCERNING SINGLE-USE CARRYOUT PLASTIC AND PAPER BAGS AND THE USE OF REUSABLE BAGS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) For the purposes of this section:

(1) "Compostable bag" means a bag capable of being subjected to a process of accelerated biological decomposition of organic material under controlled conditions and that, at a minimum, meets the American Society for Testing and Materials, (ASTM), International Standard Specification for Compostable Plastics D6400, as updated.

(2) "Postconsumer recycled material" means a material that is destined for solid waste disposal because of the completion of such material's intended end use and product life cycle. "Postconsumer recycled material" does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

(3) "Recycled paper bag" means a paper carryout bag provided by a store to a customer at the point of sale that meets each of the following requirements: (A) Except as provided in subparagraph (B) of this subdivision, contains a minimum of forty per cent postconsumer recycled materials, (B) for an eight pound or smaller recycled paper bag, contains a minimum of twenty per cent postconsumer recycled material, (C) is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the state, and (D) does not contain any fibers from old growth timber stands.

(4) "Reusable bag" means a bag that is provided or sold by a store to a customer at the point of sale that meets the requirements set forth in subsection (d) of this section.

(5) "Single-use carryout bag" means a bag made of plastic, paper or other material that is provided by a store to a customer at the point of sale and that is not an one hundred per cent recyclable bag, a compostable bag, a recycled paper bag or a reusable bag. "Single-use carryout bag" does not include any of the following: (A) A bag provided by a pharmacy to a customer purchasing a prescription medication, (B) a nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a one hundred per cent recyclable bag, a compostable bag, a recycled paper bag or a reusable bag, (C) a bag provided to contain an unwrapped food item, or (D) a nonhandled bag that is designed to be placed over: (i) Articles of clothing on a hanger, or (ii) a newspaper.

(6) "Store" means a retail establishment that meets any of the following requirements: (A) Is a full-line, self-service retail store with gross annual sales of two million dollars or more and that sells a line of dry groceries, canned goods or nonfood items and some perishable items, (B) contains not less than ten thousand square feet of retail space that generates sales or use tax in accordance with title 12 of the general statutes, (C) is a convenience food store, foodmart or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda and snack foods, or (D) is a convenience food store, foodmart or other entity that is engaged in the retail sale of goods intended to be consumed off the premises.

(b) (1) On and after October 1, 2015, and until October 1, 2017, no store shall provide or sell to any customer at the point of sale a single-use carryout bag at a cost of less than ten cents.

(2) Any funds collected by a store pursuant to subdivision (1) of this subsection shall be retained by such store provided such funds shall be used for the following purposes: (A) Actual costs of compliance with the provisions of this subsection, (B) costs associated with providing single-use carryout bags pursuant to this subsection, and (C) costs associated with the employee and customer education and awareness campaign described in subdivision (3) of this subsection.

(3) On and after October 1, 2015, and until October 1, 2017, each store shall develop and implement an employee and customer education and awareness campaign that, at a minimum, shall include the following: (A) Training for each employee who engages with customers at the point of sale. Such training shall instruct such employees on ways to reduce the use of single-use carryout bags, effective ways to communicate with customers about the requirements of this section, including, but not limited to, ways to encourage customers to reduce the use of single-use carryout bags, (B) advertising and educational materials and efforts that inform customers about requisite charges for single-use carryout bags and that encourage the use of reusable bags, including, but not limited to, reusable bag giveaways, and (C) whenever audio broadcasting is available and utilized by such store, audio messages that provide customers with information concerning the provisions of this subsection and that encourage customers to utilize reusable bags.

(4) On and after October 1, 2015, and until October 1, 2017, each store shall establish not less than one collection point on the premises of such store for the collection and receipt from customers of clean single-use carryout bags. Such store shall assure the proper disposal of such single-use carryout bags that the store collects from customers pursuant to this subdivision.

(5) Nothing in this subsection shall be construed to negate, supersede or preempt any local or municipal ordinance relative to the use of single-use carryout bags that took effect on or before the effective date of this section.

(c) (1) On and after October 1, 2017, no store shall provide or sell to a customer at the point of sale a single-use carryout bag. On and after October 1, 2017, and until October 1, 2019, a store may provide or sell to a customer at the point of sale a bag that is: (A) One hundred per cent recyclable, (B) compostable, or (C) a recycled paper bag, provided any such one hundred per cent recyclable or compostable bag or recycled paper bag is provided or sold by such store to any customer at the point of sale at a cost of not less than ten cents.

(2) (A) Any one hundred per cent recyclable bag that is provided or sold by a store in accordance with subdivision (1) of this subsection shall contain, in a prominent and conspicuous location on such bag, the following statement: "THIS BAG IS 100% RECYCLABLE. PLEASE REUSE THIS BAG AND THEN RECYCLE THIS BAG WHEN IT IS NO LONGER USEABLE. REDUCE, REUSE AND RECYCLE."

(B) Any compostable bag that is provided or sold by a store in accordance with the provisions of subdivision (1) of this subsection shall contain, in a prominent and conspicuous location on such bag, the following statement: "THIS BAG IS COMPOSTABLE. PLEASE REUSE THIS BAG AND THEN COMPOST THIS BAG WHEN IT IS NO LONGER USEABLE. REDUCE, REUSE AND RECYCLE."

(C) Any recycled paper bag that is provided or sold by a store in accordance with the provisions of subdivision (1) of this subsection shall contain, in a prominent and conspicuous location on such bag, the following statement: "THIS BAG IS MADE FROM NOT LESS THAN (INDICATE PERCENTAGE)% POSTCONSUMER RECYCLED MATERIAL. PLEASE REUSE THIS BAG AND THEN RECYCLE THIS BAG WHEN IT IS NO LONGER USEABLE. REDUCE, REUSE AND RECYCLE."

(3) Any funds collected by a store pursuant to subdivision (1) of this subsection shall be retained by such store provided such funds shall be used for the following purposes: (A) Actual costs of compliance with the provisions of this subsection, (B) costs associated with providing one hundred per cent recyclable bags, compostable bags and recycled paper bags pursuant to this subsection, and (C) costs associated with the employee and customer education and awareness campaign described in subdivision (4) of this subsection.

(4) On and after October 1, 2017, and until October 1, 2019, each store shall develop and implement an employee and customer education and awareness campaign that, at a minimum, shall include the following: (A) Training for each employee who engages with customers at the point of sale. Such training shall instruct such employees on ways to reduce the use of one hundred per cent recyclable bags, compostable bags and recycled paper bags, effective ways to communicate with customers about the requirements of this subsection, including, but not limited to, ways to encourage customers to reduce the use of one hundred per cent recyclable bags, compostable bags and recycled paper bags, (B) advertising and educational materials and efforts that inform customers about requisite charges for one hundred per cent recyclable bags, compostable bags and recycled paper bags and that encourage the use of reusable bags, including, but not limited to, reusable bag giveaways, and (C) whenever audio broadcasting is available and utilized by such store, audio messages that provide customers with information concerning the provisions of this subsection and that encourage customers to utilize reusable bags.

(5) On and after October 1, 2017, and until October 1, 2019, each store shall establish not less than one collection point on the premises of such store for the collection and receipt from customers of clean one hundred per cent recyclable bags. Such store shall assure the proper recycling of such one hundred per cent recyclable bags that the store collects from customers pursuant to this subdivision.

(6) Nothing in this subsection shall be construed to negate, supersede or preempt any local or municipal ordinance relative to the use of single-use carryout bags, one hundred per cent recyclable bags, compostable bags or recycled paper bags that took effect on or before the effective date of this section.

(d) (1) On and after October 1, 2019, no store shall provide or sell to any customer at the point of sale any bag unless such bag is a reusable bag. Each store may sell any such reusable bag at a price as established by such store. Nothing in this subdivision shall be construed to prohibit any store from providing any customer with a reusable bag free of charge.

(2) Any reusable bag provided or sold by a store to any customer at the point of sale in accordance with the provisions of subdivision (1) of this subsection shall: (A) Have a handle and be designed for numerous reuses, (B) be machine washable or made from a material that can be cleaned or disinfected, (C) if the bag is made of durable plastic, be not less than 2.25 mils thick, and (D) not contain lead, cadmium or any other toxic material that may pose a threat to public health.

(3) On and after October 1, 2019, the provisions of this subsection shall be deemed to supersede and preempt any local or municipal ordinance relative to the use of single-use carryout bags, one hundred per cent recyclable bags, compostable bags, recycled paper bags or reusable bags that took effect on or before the effective date of this section.

(e) Any city, town or municipality may fine any store located in such city, town or municipality for knowingly violating the provisions of this section. Any such fine shall be in the amount of one thousand dollars per day for the first violation, two thousand dollars per day for the second violation and five thousand dollars per day for the third and any subsequent violation. Any fine imposed pursuant to this subsection shall be remitted to the city, town or municipality that imposed such fine.

Sec. 2. Section 22a-255e of the general statutes is repealed. (Effective October 1, 2017)

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Sec. 2

October 1, 2017

Repealer section

ENV

Joint Favorable Subst.

 

PD

Joint Favorable