Revision: March 31, 2020, 3:25 p.m.
HB 1701-FN - AS AMENDED BY THE HOUSE
11Mar2020... 0974h
2020 SESSION
20-3101
08/05
HOUSE BILL 1701-FN
AN ACT relative to the recycling of film plastics.
SPONSORS: Rep. Ebel, Merr. 5; Rep. M. Murray, Hills. 22; Rep. McBeath, Rock. 26; Rep. Carson, Merr. 7; Rep. Suzanne Smith, Graf. 8; Rep. Ford, Graf. 3; Rep. Martin, Hills. 23; Rep. Riel, Hills. 6; Rep. Luneau, Merr. 10; Rep. Wolf, Merr. 5; Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill requires certain stores to establish a single use plastics recycling program and register with the department of environmental services.
This bill is a request of the study committee on recycling streams and solid waste management, established pursuant to 2019, 265 (HB 617).
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2020... 0974h 20-3101
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the recycling of film plastics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose and Findings. The general court finds plastic is a major, problematic component of New Hampshire’s waste stream. Too much is disposed in our landfills and litters our landscape harming wildlife and the public health. It does not decompose. Plastic use should be reduced and plastic products reused, but when this is not possible, it should be recycled. Many retailers provide plastic carry out bags and sell products packaged in film plastic, resulting in too much plastic in the waste stream. Film plastics are virtually impossible to recycle because municipalities do not accept them for recycling. Film plastics mistakenly placed in recycling bins cost municipalities money because they contaminate other recyclable materials decreasing their value and recyclability. They clog recycling sorting machinery at materials recovery facilities, require physical removal from the recycling stream, and cause expensive delays. Increased film plastics recycling will benefit the public's health and the economy.
2 New Subdivision; Recycling of Film Plastics. Amend RSA 149-M by inserting after section 60 the following new subdivision:
Recycling of Film Plastics
149-M:61 Definitions. In this subdivision:
I. "Film plastic" means uncontaminated non-rigid film plastic packaging products composed of plastic resins, which include plastic carryout bags, food storage bags, bubble wrap, dry cleaning bags, and shrink-wrap.
II. "Operator" means a person in control of, or having daily responsibility for, the daily operation of a store which may include but is not limited to the owner of the store.
III. "Plastic carryout bag" means a plastic carryout bag provided by a store to a customer at the point of sale made from film plastic and not specifically designed and manufactured to be reusable.
IV. "Recycler” means an entity accepting film plastics for recycling.
V. "Reusable bag" means:
(a) A bag made of cloth or other machine washable fabric that has handles; or
(b) A durable plastic bag with handles that is specifically designed and manufactured for multiple reuse.
VI. "Store" means a retail establishment, excluding food service establishments licensed under RSA 143-A or by a municipality, that provides plastic carryout bags to its customers as the result of the sale of a product, or sells products packaged in film plastic; and
(a) Has over 15,000 square feet of retail space; or
(b) Is part of a chain engaged in the same general field of business, which operates 3 or more units of over 5,000 square feet each of retail space in this state under common ownership and management, or over 6,000 square feet each of retail space, if the unit operated by the chain covered by this paragraph is occupied by 2 or more businesses.
149-M:62 Store Operator Duties.
I. The operator of a store shall establish a film plastics recycling program at its store pursuant to this subdivision, which provides an opportunity for a customer of the store to return to the store film plastics.
II. A retail establishment that does not meet the definition of a store and that provides plastic carryout bags to customers or sells products packaged in film plastic may adopt a film plastics recycling program at its location.
III. Store operators that have over 15,000 square feet of retail space shall have 18 months from the effective date of this subdivision to establish a film plastics recycling program. All other store operators shall have one year from the effective date of this subdivision to establish a film plastics recycling program.
IV. Retail establishments providing plastic carry-out or other film plastic bags to customers, for free or for purchase, are encouraged to provide such bags with at least 20 percent post-consumer recycled plastic content to help promote the development of plastic recycling markets.
149-M:63 Film Plastic Recycling Program Requirements. A film plastics recycling program provided by the operator of a store shall:
I. Provide a collection bin that is visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling film plastics, including examples of recyclable film plastics that may be deposited in the bins. This subdivision shall not apply to stores within an enclosed shopping mall unless such stores contain at least 50,000 square feet within an enclosed shopping mall. In the case of an enclosed shopping mall, the owner of the enclosed shopping mall shall place bins at reasonable intervals throughout the enclosed mall area.
II. Collect, transport, and recycle all film plastics collected by the store along with any other in-store plastic recycling, except for film plastic bags that are not sufficiently free of foreign material to enter the recycling stream. Film plastics collected by the store or a recycler pursuant to a film plastics recycling program shall be recycled and shall not be disposed of in any solid waste disposal facility.
III. Maintain, for a minimum of 2 years, records describing the collection, transport, and recycling of film plastics collected by weight, provided however, that a store or its agents may weigh such plastics and any other in-store plastic recycling at a regional collection center. Such records shall be made available to the department upon request, to demonstrate compliance with this subdivision.
IV. Make reusable bags available to customers within the store for purchase, and allow the use of a reusable bag in lieu of a plastic carryout bag or paper bag.
V. Register with the department of environmental services upon the start of a film plastics recycling program or a change in ownership of the store where a film plastics recycling program is already in place.
149-M:64 Recycler Responsibilities. When a recycler accepts film plastics for return, it or its agent shall maintain, for a minimum of 2 years, records describing the collection, transport, and recycling of film plastics collected by weight, provided that the recycler or its agents may weigh such plastics and any other plastic resins at a regional collection center. Such records shall be made available to the department of environmental services upon request, to demonstrate compliance with this subdivision.
149-M:65 Departmental Duties; Rulemaking.
I. The department of environmental services shall develop educational materials regarding film plastics that can be recycled in film plastics recycling programs for use by operators required to comply with this subdivision in their stores, including standardized signage for use at collection sites. Educational materials shall be available at least one month before an operator is required to comply with this subdivision.
II. The department shall provide information regarding film plastics recyclers including their addresses and phone numbers to stores required to comply with this subdivision, upon request.
III. The department shall adopt rules, pursuant to RSA 541-A, necessary to implement the provisions of this subdivision, including the information on registration forms required under RSA 149-M:63.
149-M:66 Penalties. Any person who violates the provisions of this subdivision shall be given a warning for the first violation and shall be subject to a fine for subsequent violations. The fine for a second violation shall be $250 and the penalty for a third or subsequent violation shall be $500.
3 Effective Date. This act shall take effect upon its passage.
20-3101
Amended 3/20/20
HB 1701-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-0974h)
AN ACT relative to the recycling of film plastics.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Liquor Fund | |||
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METHODOLOGY:
This bill requires certain stores to establish a recycling program for film plastics and register with the Department of Environmental Services. The Department states this bill would require certain retail stores to collect plastic film from customers and recycle it along with any plastic film generated by operating the store. The definition of "store" exempts food service establishments licensed under RSA 143-A, including restaurants, cafeterias, and other establishments defined in RSA 143-A:3, IV. The Department assumes the bill would apply to retail food stores that sell food for off-premises consumption such as grocery stores and convenience stores, stores that sell clothing, sporting goods, housewares, personal care products, electronics, office supplies, auto parts, hardware and wine and liquor. These stores would be required to register with the Department. The Department would establish rules, monitor compliance, enforce the new law and provide technical assistance and educational outreach. The Department assumes the additional fine revenue deposited to the general fund would not be sufficient to cover the Department's costs and additional general funds would be needed. The Department does not have existing resources that could be dedicated to regulating retail businesses and would have to hire an additional part-time Program Specialist III position at an annual cost of $44,000 to $46,000. The Department assumes there would be additional costs to develop and print signage and educational materials; as well for travel related to inspections, investigating complaints and providing technical assistance and education. The Department has no information to determine if there would be any impact to local or county governments, but assumes any costs would be negligible. Because state-owned liquor stores may sell products wrapped in film plastic, the Department assumes those stores would be subject to the bill, and may incur costs associated with compliance.
It is assumed any fiscal impact of this bill would not occur until FY 2021.
AGENCIES CONTACTED:
Department of Environmental Services