BILL REQ. #:  H-3389.1 

Read first time 01/10/12.   Referred to Committee on Environment.

     AN ACT Relating to ensuring statewide consistency in the regulation of retail store carryout bags; adding a new section to chapter 36.01 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.70 RCW; adding a new section to chapter 82.04 RCW; adding a new chapter to Title 70 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Carryout bag" means a bag that is provided by a retail store to a customer at the point of sale. "Carryout bag" does not include a bag used solely to contain the following:
     (a) Fresh meat and fresh meat products, including but not limited to pork, beef, seafood, and poultry;
     (b) Fruit or vegetables;
     (c) Nuts or other bulk items;
     (d) Dairy products;
     (e) Ice;
     (f) Prepared foods;
     (g) Pharmaceutical products;
     (h) Auto parts; and
     (i) Jewelry.
     (2) "Department" means the department of ecology.
     (3) "Mil" means one-thousandth of an inch.
     (4) "Plastic carryout bag" means a carryout bag that is made of plastic with a thickness gauge of at least fifteen mils.
     (5) "Recycle" means the act of transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration.
     (6) "Retail store" means a place of business located in Washington for the sale of goods or commodities directly to consumers.
     (7) "Reusable carryout bag" means a carryout bag that is made of durable plastic that is measured at a thickness gauge of at least fifteen mils and:
     (a) Is specifically designed and manufactured for multiple reuse; or
     (b) Is made of reusable, machine-washable, textile materials.

NEW SECTION.  Sec. 2   (1) Every retail store operator who provides plastic carryout bags to customers may establish, in lieu of any local ordinance banning or restricting carryout bags pursuant to section 4 of this act, an in-store recycling program for carryout bags that includes, but need not be limited to, the following:
     (a) The provision of a bin for the collection of plastic carryout bags that is placed in a visible location that is easily accessible to the consumer and clearly marked as available for the purpose of collecting plastic carryout bags for recycling;
     (b) A process ensuring that all plastic carryout bags returned to a store are collected, transported, and recycled in a manner consistent with the provisions of this chapter, except that any plastic carryout bags collected by a store that are contaminated by food or other foreign material may be disposed of in any solid waste or hazardous waste facility; and
     (c) The provision to the consumer of an opportunity to purchase reusable bags, which may be purchased and used in lieu of a plastic carryout bag or paper bag, that is made available within the store.
     (2) A retail store opting to establish an in-store recycling program in lieu of compliance with a local ordinance developed under section 4 of this act that operates the in-store recycling program in violation of this section is subject to a class 1 civil infraction under chapter 7.80 RCW. However, prior to being subject to a civil infraction, the retail store must first receive a written notice of violation and be provided with at least ninety days to correct any violations.

NEW SECTION.  Sec. 3   (1) Any manufacturer or distributor of a plastic carryout bag that sells plastic carryout bags to a retail store must develop, and make available to retail stores, educational posters, notices, and other materials to encourage the reducing, reusing, and recycling of plastic.
     (2) A manufacturer or distributor who sells plastic carryout bags to a retail store must make arrangements with the retail store, upon the retail store's request, for the collection, transport, and recycling of all plastic carryout bags collected consistent with the provisions of this chapter. Arrangements may include contracts or other agreements with third parties at the cost of the manufacturer or distributor.
     (3) Any manufacturer or distributor operating in violation of this section is subject to a class 1 civil infraction under chapter 7.80 RCW. However, prior to being subject to a civil infraction, the manufacturer or distributor must first receive a written notice of violation and be provided with at least ninety days to correct any violations.

NEW SECTION.  Sec. 4   (1) Only a county may enact a local ordinance that bans, restricts, or otherwise regulates, taxes, or requires fees for the use of carryout bags in any geographic area located within a county. An ordinance adopted by a county relating to carryout bags must equally affect all retail stores located within the geographic effective area of the ordinance.
     (2) A county may only regulate the use of carryout bags in areas that are adversely affected by chronic carryout bag littering problems that may only be reasonably mitigated through restrictions on the use of carryout bags.
     (3) Prior to a county acting to regulate the use of carryout bags, at least three cities, towns, or other units of local government located wholly within the county must jointly request that the county take legislative action regarding carryout bags. This request must include findings of fact that demonstrate:
     (a) A need for local carryout bag regulations;
     (b) Justification for how chronic regional carryout bag littering is causing a local health or safety concern; and
     (c) Evidence that the regional carryout bag littering problem cannot be mitigated through nonregulatory methods.
     (4) If a county acts to regulate the use of carryout bags, the county:
     (a) Must first make good faith efforts for at least one year to mitigate the effects of chronic carryout bag littering, including working with retail stores on the establishment of in-store recycling programs as provided in section 2 of this act; and
     (b) May only do so regionally in an area no larger than the jurisdictions of the cities, towns, or other units of local government that requested the county action.
     (5) Any county that enacts an ordinance that places a fee or tax on the use of carryout bags made of any substance, or bans, restricts, or otherwise regulates the use of carryout bags made of any substance, must exempt from that ordinance any retail store that implements an in-store recycling program for carryout bags that is operated consistent with the provisions of section 2 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 36.01 RCW to read as follows:
     Any county that seeks to enact an ordinance relating to retail store carryout bags, as those terms are defined in section 1 of this act, must do so in compliance with the provisions of section 4 of this act.

NEW SECTION.  Sec. 6   A new section is added to chapter 35.21 RCW to read as follows:
     Cities and towns are prohibited from enacting local regulations regarding retail store carryout bags, as those terms are defined in section 1 of this act. Any local restrictions may only be developed as provided in section 4 of this act.

NEW SECTION.  Sec. 7   A new section is added to chapter 35A.70 RCW to read as follows:
     Code cities are prohibited from enacting local regulations regarding retail store carryout bags, as those terms are defined in section 1 of this act. Any local restrictions may only be developed as provided in section 4 of this act.

NEW SECTION.  Sec. 8   A new section is added to chapter 82.04 RCW to read as follows:
     (1) In computing tax due under this chapter, there may be deducted from the measure of the tax all reasonable costs incurred by retail stores that are required by an act of county government under section 4 of this act to provide carryout bags made of paper to customers instead of plastic carryout bags.
     (2) The terms used in this section have the same meaning as provided in section 1 of this act.

NEW SECTION.  Sec. 9   Sections 1 through 4 of this act constitute a new chapter in Title 70 RCW.