HB 560-FN - AS AMENDED BY THE HOUSE
HOUSE BILL 560-FN
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
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.
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.
HB 560-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
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.
Department of Environmental Services
|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|
|March 6, 2019||House||Hearing|
|March 8, 2019||House||Exec Session|
|March 8, 2019||House||Exec Session|
|March 19, 2019||House||Floor Vote|