An Act to reduce plastic pollution

SECTION 1. Chapter 21 , as appearing in the Official Edition, is hereby amended by inserting after section 21N the following chapter:-

CHAPTER 21O PLASTIC BAG REDUCTION ACT

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Commissioner”, the commissioner of the department of environmental protection.

“ASTM D6400”, the American Society for Testing and Materials (ASTM) International “Standard Specification for Compostable Plastics”.

“ASTM D7081”, the American Society for Testing and Materials (ASTM) International “Standard Specification for Biodegradable Plastics in the Marine Environment”.

“Compostable plastic bag”, a plastic bag that (1) conforms to the current ASTM D6400 for compostability; (2) is certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (3) conforms to any other standards deemed acceptable by the commissioner, provided additional, commissioner approved standards are as stringent at ASTM D6400; standards may be amended from time to time.

“Checkout bag”, a carryout bag provided by a store to a customer at the point of sale.

“Department”, the department of environmental protection.

“Film”, plastic product used in the manufacture of plastic bags.

“Marine degradable plastic bag”, a plastic bag that (1) conforms to the current ASTM D7081 standard specification for marine degradability; (2) is certified and labeled as meeting the ASTM D7081 standard specification by a recognized verification entity; and (3) conforms to any other standards deemed acceptable by the commissioner, provided additional, commissioner approved standards are as stringent at ASTM D7081; standards may be amended from time to time.

"Recyclable paper bag", a paper bag that is 100 per cent recyclable and displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bag.

“Reusable carryout bag”: a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 100 uses, which means the capability of carrying a minimum of 20 pounds 100 times over a distance of at least 175 feet; (2) has a minimum volume of 15 quarts; (3) is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) if made of plastic, is a minimum of at least 3.0 mils (.0762mm) thick.

“Retail establishment”, any retail store that satisfies at least one of the following requirements:

(a) a retail space of 4,000 square feet or larger or at least three (3) locations under the same ownership within the Commonwealth; or

(b) a retail pharmacy with at least five (5) locations under the same ownership within the Commonwealth; or

(c) a full-line, self-service supermarket that had annual gross sales in excess of $1,000,000 during the previous tax year, and which sells a line of dry grocery, canned goods or nonfood items and some perishable items.

Section 2.

(a.) No retail establishment shall provide carryout bags to customers that are manufactured with a film of high-density polyethylene (HDPE), low density polyethylene (LDPE), linear low density polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate (PET), polypropylene (other than woven and non-woven polypropylene fabric) if said film is less than 3.0 mils (.0762mm)  in thickness.

(b) If a retail establishment provides carryout bags to customers, the bags must be one of the following:

(i) recyclable paper bag,

(ii) reusable carryout bag,

(iii) made from a polymer which meets the specifications of ASTM D6400, or

(iv) made from a combination of a recycled paper bag and a polymer which meet the standards of ASTM D6400,

(c) If a retail establishment provides carryout bags to customers, the bags must be one of the following:

(i) recyclable paper bag,

(ii) reusable carryout bag,

(iii) a polymer which meets the specifications of ASTM D6400 and ASTM 7081, or

(iv) a combination of a recycled paper bag and a polymer which meet the standards of ASTM D6400 and ASTM 7081,

(d) The enforcement and penalty provisions of section 16 of chapter 21A shall apply to this chapter.

(e) The commissioner shall promulgate rules and regulations to implement this section.

SECTION 2. Subsection (b) of section 2 of Chapter 21O shall take effect 6 months after this act takes effect.

SECTION 3. Subsection (c) of section 2 of Chapter 21O shall take effect 5 years after this act takes effect.