Revision: Jan. 15, 2019, 1:12 p.m.
HB 558-FN - AS INTRODUCED
2019 SESSION
19-0462
06/08
HOUSE BILL 558-FN
AN ACT restricting the distribution of plastic straws.
SPONSORS: Rep. Spang, Straf. 6; Rep. Balch, Hills. 38; Rep. Luneau, Merr. 10; Rep. Myler, Merr. 10; Sen. Fuller Clark, Dist 21; Sen. Watters, Dist 4
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill prohibits food service businesses from providing a single-use plastic straw to a customer unless specifically requested.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0462
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT restricting the distribution of plastic straws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Prohibition of Single-Use Plastic Straws. Amend RSA 149-M by inserting after section 60 the following new subdivision:
Prohibition of Single-Use Plastic Straws
149-M:61 Definitions. In this subdivision:
I. "Single-use plastic straw" means a disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of a person drinking the beverage. "Single-use plastic straw" does not include a straw made from a non-plastic material, including, but not limited to, paper, pasta, sugar cane, wood or bamboo.
II. "Food service business" means a business that sells or provides food for consumption on or off the premises, and includes, but is not limited to, any restaurant, cafe, delicatessen, coffee shop, supermarket or grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by or on behalf of the state.
149-M:62 Plastic Straw Restriction. No food service business shall provide a single-use plastic straw to a customer unless explicitly requested by the customer.
149-M:63 Enforcement. This section shall be enforced by the department or any law enforcement officer having jurisdiction in the area in which the violation occurs. The first and second violations of RSA 149-M:62 shall result in a notice of violation, and any subsequent violation shall be punishable by a fine of $25 for each day the food service business is in violation, but not to exceed $300 annually.
149-M:64 Rulemaking. The department shall adopt rules, pursuant to RSA 541-A, relative to providing food service businesses with a sticker or sign to be posted advising customers of the plastic straw policy; for providing the public with a telephone number to be used to report violations; and for other purposes of this subdivision.
2 Effective Date. This act shall take effect one year after its passage.
19-0462
1/10/19
HB 558-FN- FISCAL NOTE
AS INTRODUCED
AN ACT restricting the distribution of plastic straws.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill prohibits food service businesses from providing a single-use plastic straw to a customer unless specifically requested.
The Department of Environmental Services assumes it would incur costs to adopt rules, provide enforcement, outreach and education. The Department assumes it would need to hire and additional full-time Program Specialist III at labor grade 23 at an estimated annual cost of $93,000 in FY 2020, $95,000 in FY 2021, $99,000 in FY 2022 and $100,000 in FY 2023. In addition, the Department assumes there would be an indeterminable increase in expenditures to county and local government for enforcement of the provisions of the bill.
AGENCIES CONTACTED:
Department of Environmental Services