Revision: Jan. 29, 2020, 10:37 a.m.
HB 559 - AS AMENDED BY THE HOUSE
9Jan2020... 2820h
2019 SESSION
19-0463
06/01
HOUSE BILL 559
AN ACT relative to point of sale bags.
SPONSORS: Rep. Spang, Straf. 6; Rep. Gilman, Rock. 18; Rep. Luneau, Merr. 10; Sen. Fuller Clark, Dist 21
COMMITTEE: Municipal and County Government
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AMENDED ANALYSIS
This bill requires businesses to charge customers for single-use bags.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Jan2020... 2820h 19-0463
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to point of sale 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, this act is intended to reduce the number and volume of point of sale, single use bags in the state’s waste stream and in the environment by establishing source reduction as the preferred waste management method. The act also encourages consumers to utilize re-usable bags instead of paper or plastic by requiring bags of a certain size and distributed at the point of sale to be made of recycled materials and which are themselves recyclable and reusable. The act also requires the department to hold a stakeholders review of the act’s effectiveness after it has been in effect for 2 years and to recommend changes as appropriate. Finally, while the reduction of single-use bags is the goal of this act, the legislature recognizes that the importance of industry led programs to encourage consumer recycling of single-use plastics. Those efforts are complimentary to this legislation.
2 New Subdivision; Point of Sale Bags. Amend RSA 149-M by inserting after section 60 the following new subdivision:
Point of Sale Bags
149-M:61 Point of Sale Bags.
I. Point of sale bags refers to bags that are distributed to customers at a checkout counter, line, or other final spot in a retail environment, where payment for goods is made. Any bag that is greater in size than 150 square inches shall meet one of the following standards:
(a) Plastic bags shall be made of recycled plastic and be at least 4 mils in thickness. The bags shall be visibly labeled as “made from recycled material” and “recyclable and reusable.” Businesses that distribute bags using this standard shall charge customers a fee of 10 cents per bag up to a maximum of 50 cents per purchase. The fee shall be retained by the business.
(b) Paper bags shall be made of recycled paper defined as 100 percent recyclable containing a minimum of 40 percent post-consumer recycled materials. The bag shall be visibly labeled as “made from recycled materials” and “recyclable and reusable." Businesses that distribute bags using this standard shall charge customers a fee of 10 cents per bag up to maximum of 50 cents per purchase. The fee will be retained by the business.
II. All other reusable bags bought by or sold to the consumer are exempt from this subdivision.
III. The department of environmental services shall form a focus group of stakeholders 24 months after the effective date of this section to review its effectiveness in achieving the solid waste goals defined in RSA 149-M:3, and recommend changes to help support the goal of source reduction.
3 Enforcement. Amend RSA 149-M:5 to read as follows:
149-M:5 Administration and Enforcement.
I. The department shall administer and enforce this chapter. The department is hereby named as the state agency for planning and regulating solid waste management.
II. This section shall not apply to RSA 149-M:61, unless such enforcement is determined necessary by the stakeholder review conducted by the department under RSA 149-M:61, III.
4 Effective Date. This act shall take effect one year after its passage.
19-0463
Amended 1/23/20
HB 559- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2019-2820h)
AN ACT relative to point of sale 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 | Indeterminable | Indeterminable |
Expenditures | $0 | $0 | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Various Government Funds | |||
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COUNTY: |
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Revenue | $0 | $0 | Indeterminable | Indeterminable |
Expenditures | $0 | $0 | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | Indeterminable | Indeterminable |
Expenditures | $0 | $0 | Indeterminable | Indeterminable |
METHODOLOGY:
This bill requires businesses to charge customers for single use bags. The Department of Environmental Services indicates the bill amends RSA 149-M:5 to exempt the Department from enforcing the provisions of the bill unless, following the stakeholder review that is to occur once the bill has been in effect for 2 years, the Department determines that enforcement is necessary. The Department assumes such enforcement would include assessing compliance, responding to questions and/or complaints from the public and providing technical assistance to retail businesses. The Department assumes retail businesses owned by the State of New Hampshire would be affected by this bill, including liquor stores and retail gift shops at state-owned museums and state parks. The Department does not have information as to whether county or local governments own retail businesses, but assumes that there may be some establishments impacted at the county and local level.
With an effective date of one year after passage, it is assumed the fiscal impact of the bill would not occur until FY 2022.
AGENCIES CONTACTED:
Department of Environmental Services