Bill Details - HB560 (2019)

HB 560-FN - AS AMENDED BY THE HOUSE

 

19Mar2019... 0920h

2019 SESSION

19-0464

06/08

 

HOUSE BILL 560-FN

 

AN ACT relative to single-use carryout bags.

 

SPONSORS: Rep. Spang, Straf. 6; Rep. Balch, Hills. 38; Rep. Luneau, Merr. 10; Rep. Myler, Merr. 10; Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill restricts the distribution of single-use carryout bags by stores and food service businesses.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Mar2019... 0920h 19-0464

06/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to single-use carryout bags.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Purpose; Solid Waste Management Methods.  In accordance with RSA 149-M:2 and RSA 149-M:3, establishing source reduction as the waste management method with the highest priority in the hierarchy of solid waste management methods to be used by the department of environmental services, the distribution of single-use plastic bags in New Hampshire shall be restricted in accordance with this act.

2  New Subdivision; Restriction on Distribution of Single-Use Carryout Bags.  Amend RSA 149-M by inserting after section 60 the following new subdivision:

Restriction on Distribution of Single-Use Carryout Bags

149-M:61  Definitions.  In this subdivision:

I.  "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.

II.  "Single-use carryout bag" means a bag made of plastic, paper, or other material that is provided by a store or food service business to a customer at the point of sale for the purpose of one-time use in transporting groceries or retail goods.   Single-use carryout bag shall not include reusable bags, recycled paper bags, or paper bags provided by a pharmacy for prescription medications, paper bags for prepared take-out food or other unwrapped food, plastic bags for carrying uncooked meats, poultry, or seafood, or other unwrapped food items such as grains, a  bag without a handle used to protect items from damaging or contaminating other purchased items placed in a recycled or reusable bag, or bags to be placed over articles of clothing on a hanger.

III.  "Reusable bag" means a bag with handles, that has a minimum thickness of 4.0 mils and is made of woven or non-woven cloth or other machine-washable fabric other than polyethylene or polyvinyl chloride, and is capable of being used 100 times carrying 25 pounds over a distance of 300 feet.

IV.  "Recycled paper bag" or "recyclable paper bag" means a bag that:

(a)  Is 100 percent recyclable;

(b)  Contains a minimum of 40 percent post-consumer recycled materials, provided that an 8 pound or smaller recycled paper bag shall contain a minimum of 20 percent post-consumer recycled material; and

(c)  Displays the words "recyclable" and "made from 40 percent post-consumer recycled content" or other applicable amount in a visible manner on the outside of the bag.

V.  "Store" means any retail establishment that sells or provides merchandise, goods, or materials directly to a customer, including but not limited to restaurants, grocery stores, supermarkets, convenience stores, liquor stores, pharmacies, drug stores, or other retail establishment that has over 1,000 square feet of retail space and that provides carryout bags to its customers as a result of the sale of a product.  

149-M:62  Plastic Bag Restriction.

I.  No store or food service business shall provide a single-use plastic carryout bag to a customer at the point of sale, except that for 4 months after the effective date of this subdivision, a store or food service business may provide a single use plastic bag to a customer for no less than 10 cents.

II.  A store or food service business shall provide reusable plastic or recycled paper bags to customers for no less than 10 cents, to be retained by the business.

III.  The following are exempted from the provisions of this section:

(a)  Paper bags 6 inches across or less, without handles.

(b)  Bags used by a particular store for which there is no reasonable packaging or distribution alternative to single use carry-out bags.

IV.  Supplemental Nutritional Assistance Program (SNAP), Electronic Benefit Transfer (EBT), and Women, Infants, and Children program (WIC) users are exempt from the bag fee in paragraph II.

V.  All businesses with a brick and mortar location over 10,000 square feet shall provide at least one bin for collecting and recycling all plastic film products not banned under this subdivision.

3  Effective Date.  This act shall take effect 6 months after its passage.

 

LBAO

19-0464

1/10/19

 

HB 560-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to single-use carryout bags.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill would restrict the distribution of single-use carryout bags by stores and food service businesses.

 

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

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Commerce and Consumer Affairs HJ 3 P. 20
March 6, 2019 Public Hearing: 03/06/2019 11:30 am LOB 302
March 8, 2019 Subcommittee Work Session: 03/08/2019 09:00 am LOB 302-304
March 8, 2019 Executive Session: 03/08/2019 01:30 pm LOB 302-304
March 19, 2019 Majority Committee Report: Ought to Pass with Amendment # 2019-0920h for 03/19/2019 (Vote 11-9; RC) HC 16 P. 20
Majority Committee Report: Ought to Pass with Amendment # 2019-0920h (Vote 11-9; RC)
Minority Committee Report: Ought to Pass with Amendment # 2019-0980h (NT)
March 19, 2019 Amendment # 2019-0920h: AA VV 03/19/2019
March 19, 2019 Amendment # 2019-0980h (NT): AF VV 03/19/2019
March 19, 2019 Ought to Pass with Amendment 2019-0920h: MA RC 201-145 03/19/2019

Action Dates

Date Body Type
March 6, 2019 House Hearing
March 8, 2019 House Exec Session
March 8, 2019 House Exec Session
House Floor Vote
March 19, 2019 House Floor Vote

Bill Text Revisions

HB560 Revision: 4839 Date: Jan. 15, 2019, 1:14 p.m.
HB560 Revision: 5611 Date: March 20, 2019, 12:01 p.m.