Revision: Jan. 15, 2019, 1:14 p.m.
HB 560-FN - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 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 plastic bags for carrying uncooked meats, poultry, or seafood, laundry bags, chemical or pharmaceutical transport bags, or reusable grocery bags made of sewn woven or non-woven nylon, polypropylene, polyethylene-terephthalata, or Tyvek capable of being used 100 times.
III. "Store" means any grocery store, supermarket, convenience store, liquor store, pharmacy, drug store, 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 except to distribute remaining 2018 inventory.
II. A store or food service business may provide reusable plastic or recycled paper bags to customers for not less than 10 cents, to be retained by the business.
III. Supplemental Nutritional Assistance Program (SNAP), Electronic Benefit Transfer (EBT), and Women, Infants, and Children program (WIC) users are exempt from this subdivision.
IV. Nothing in this subdivision shall prevent any municipality or local public agency from adopting and implementing an ordinance or rule that would further restrict the distribution of single-use carryout bags.
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 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 the purposes of this subdivision.
2 Effective Date. This act shall take effect one year after its passage.
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
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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 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