| Chapter 177 |
| 2022 -- H 7065 SUBSTITUTE A Enacted 06/27/2022 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- PLASTIC WASTE REDUCTION ACT |
Introduced By: Representatives McEntee, Cortvriend, Speakman, Donovan, Carson, Caldwell, Craven, Morales, Kislak, and Ruggiero |
| Date Introduced: January 12, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
| amended by adding thereto the following chapter: |
| CHAPTER 19.18 |
| PLASTIC WASTE REDUCTION ACT |
| 23-19.18-1. Plastic waste reduction act. - Findings. |
| (1) Plastic pollution is dangerous to the health of our oceans and ocean species, contributes |
| to climate change, and is a major component of unsightly litter both on our lands and in our waters; |
| (2) Plastics that enter the marine environment break down through wave action and sunlight |
| into smaller pieces called microplastics, which can be ingested by marine life, putting Rhode |
| Island's fishing industries and aquatic ecosystems at risks; |
| (3) Plastic bags and thin plastic films are the predominant contaminant of recycling loads |
| in Rhode Island; |
| (4) Single-use plastic bags have severe environmental impacts on a local and global scale, |
| including pollution of our waters, harm to marine and wildlife, greenhouse gas emissions, blocking |
| storm drains, and creating litter; |
| (5) It is in the best interests of the health, safety, and welfare of citizens of and visitors to |
| Rhode Island to protect our environment and our natural resources by reducing the distribution of |
| single-use plastic checkout bags and incentivizing the use of reusable bags. |
| 23-19.18-2. Definitions. |
| As used in this chapter, the following terms shall have the following meanings: |
| (1) "Department" means the department of environmental management. |
| (2) "Recyclable cardboard box" means a box made of non-waxed cardboard or paper |
| products. |
| (3) "Recyclable paper bag" means a paper bag that is one hundred percent (100%) |
| recyclable including the handles, contains at least forty percent (40%) post-consumer paper content, |
| and displays the words "Recyclable" and the percentage of post-consumer paper content in a visible |
| manner on the outside of the bag. The term "recyclable paper bag" does not include paper carryout |
| bags at restaurants. |
| (4) "Retail sales establishment" means any licensed enterprise where the sale or transfer to |
| a customer of goods in exchange for payment occurs in a retail store, flea market, restaurant, or |
| other food service establishment. Retail sales establishments do not include farmers' markets, |
| bazaars or festivals operated by nonprofit or religious institutions, yard sales, tag sales, or other |
| sales by residents at their homes. |
| (5) "Reusable bag" means a bag with handles which that are stitched and is specifically |
| designed and manufactured for one hundred twenty-five (125) or more reuses, and is made |
| primarily of washable cloth, other durable woven or nonwoven fabric, polyester, polypropylene, or |
| other durable plastic with a minimum thickness of four (4.0) mils. |
| (6) "Single-use plastic checkout bag" means a carryout bag that is provided to the customer |
| at the point of sale for the purpose of transporting groceries or other retail goods, and is made from |
| compostable or non-compostable plastic and not specifically designed and manufactured for |
| multiple re-use. |
| The term "single-use plastic checkout bag" does not include the following types of bag: |
| (i) Bags used by customers inside a business to package loose items, such as fruits, |
| vegetables, nuts, ground coffee, grains, candies, or small hardware items; |
| (ii) Bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or |
| other items to contain dampness or prevent contamination of other goods; |
| (iii) Bags used to contain unwrapped prepared foods or bakery goods; |
| (iv) Newspaper bags for home newspaper delivery; |
| (v) Door-hanger bags; |
| (vi) Laundry, dry cleaning, or garment bags, including bags provided by hotels to guests to |
| contain wet or dirty clothing; |
| (vii) Bags sold in packages containing multiple bags intended for household or commercial |
| use to contain foods and for garbage, pet waste, or yard waste; |
| (viii) Bags used to contain live animals, such as fish or insects sold in pet stores; and |
| (ix) Bags provided to transport partially-consumed bottles of wine. |
| 23-19.18-3. Prohibition on single-use plastic bag distribution. |
| (a) Retail sales establishments are prohibited from making available any bag that is not a |
| reusable bag or recyclable paper bag, as defined by this chapter. Recyclable cardboard boxes, as |
| defined in this chapter, may also be made available. This prohibition precludes providing any |
| single-use plastic checkout bag or any paper checkout bag that is not a recyclable paper bag or a |
| paper carryout bag at restaurants. |
| (b) Retail sales establishments and other entities that make deliveries of goods from retail |
| sales establishments to customers are prohibited from delivering goods to customers in single-use |
| plastic checkout bags and may deliver goods in recyclable paper bags, reusable bags, or recyclable |
| cardboard boxes as defined by this chapter. |
| (c) To further promote the use of reusable shopping bags and reduce the quantity of single- |
| use carryout bags entering the waste stream, retailers are authorized and encouraged to make |
| reusable carryout bags available to the public, assisting financially impacted households to the |
| greatest degree possible. |
| 23-19.18-4. Enforcement and penalty. |
| (a) Responsibility and jurisdiction for enforcement shall be with municipalities and the |
| department. |
| (b) Violations of any section of this chapter shall subject a retail sales establishment to |
| penalties as set forth in this chapter. |
| (c) Penalties for violation of this chapter shall be as follows: |
| (1) One hundred dollars ($100) for the first violation in a calendar year; |
| (2) Two hundred dollars ($200) for the second violation in a calendar year; and |
| (3) Five hundred dollars ($500) for the third and any subsequent violation in a calendar |
| year. |
| (d) All penalties collected by municipalities pursuant to this section shall be retained by |
| the municipality. |
| 23-19.18-5. Uniformity. |
| (a) This chapter is a matter of statewide interest and concern and is applicable uniformly |
| throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable |
| bags, single-use bags, and recyclable paper bags, as defined in this chapter, provided by a retail |
| sales establishment, as defined in ยง 23-19.18-2, and shall supersede any and all state and local laws, |
| regulations, and ordinances in this field. |
| 23-19.18-6. Rules and regulations. |
| The director is hereby authorized to promulgate rules and regulations necessary to carry |
| out the provisions of this chapter. |
| SECTION 2. This act shall take effect within one year from the date of promulgation of |
| regulations by the department as authorized by this chapter, or on January 1, 2024, whichever |
| occurs first. |
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| LC003347/SUB A |
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