BILL REQ. #:  H-3713.1 

Prefiled 12/03/07. Read first time 01/14/08.   Referred to Committee on Select Committee on Environmental Health.

     AN ACT Relating to grocery checkout bags; amending RCW 70.93.030; reenacting and amending RCW 7.80.120; adding a new section to chapter 70.93 RCW; adding a new section to chapter 82.19 RCW; prescribing penalties; and providing an effective date.

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

Sec. 1   RCW 70.93.030 and 2007 c 244 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Checkout bag" means a bag that is provided by a grocery store to a customer at the point of sale. "Checkout bag" does not include a bag used solely to contain the following:
     (a) Fresh meat and fresh meat products, including pork, beef, seafood, and poultry;
     (b) Fruit or vegetables;
     (c) Nuts or other bulk items;
     (d) Dairy products;
     (e) Ice; or
     (f) Cooked foods.
     (2) "Conveyance" means a boat, airplane, or vehicle.
     (((2))) (3) "Department" means the department of ecology.
     (((3))) (4) "Director" means the director of the department of ecology.
     (((4))) (5) "Disposable package or container" means all packages or containers defined as such by rules adopted by the department of ecology.
     (((5))) (6) "Grocery store" means a retail business where the sale of food and grocery products, as the terms "food" and "grocery products" are defined in RCW 69.80.031, represents at least fifty percent of all sales. The term "grocery store" does not apply to restaurants or other organizations whose primary business is the preparation and sale of prepared food, as the term "prepared food" is defined in RCW 82.08.0293.
     (7) "Junk vehicle" has the same meaning as defined in RCW 46.55.010.
     (((6))) (8) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited and solid waste that is illegally dumped, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. "Litter" includes the material described in subsection (((11))) (13) of this section as "potentially dangerous litter."
     (((7))) (9) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity.
     (((8))) (10) "Litter receptacle" means those containers adopted by the department of ecology and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter.
     (((9))) (11) "Official gathering" means an event where authorization to hold the event is approved, recognized, or issued by a government, public body, or authority, including but not limited to fairs, musical concerts, athletic games, festivals, tournaments, or any other formal or ceremonial event, during which beverages are sold by a vendor or vendors in single-use aluminum, glass, or plastic bottles or cans.
     (((10))) (12) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever.
     (((11))) (13) "Potentially dangerous litter" means litter that is likely to injure a person or cause damage to a vehicle or other property. "Potentially dangerous litter" means:
     (a) Cigarettes, cigars, or other tobacco products that are capable of starting a fire;
     (b) Glass;
     (c) A container or other product made predominantly or entirely of glass;
     (d) A hypodermic needle or other medical instrument designed to cut or pierce;
     (e) Raw human waste, including soiled baby diapers, regardless of whether or not the waste is in a container of any sort; and
     (f) Nails or tacks.
     (((12))) (14) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
     (((13))) (15) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration.
     (((14))) (16) "Recycling center" means a central collection point for recyclable materials.
     (((15))) (17) "Sports facility" means an outdoor recreational sports facility, including but not limited to athletic fields and ballparks, at which beverages are sold by a vendor or vendors in single-use aluminum, glass, or plastic bottles or cans.
     (((16))) (18) "To litter" means a single or cumulative act of disposing of litter.
     (((17))) (19) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
     (((18))) (20) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.
     (((19))) (21) "Watercraft" means any boat, ship, vessel, barge, or other floating craft.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.93 RCW to read as follows:
     (1) Grocery stores may only provide checkout bags that are made of either recyclable paper, compostable plastic, reusable machine-washable textile materials, or reusable plastic that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse.
     (2) Grocery stores operating in violation of this section are subject to a class 1 civil infraction under chapter 7.80 RCW. Each calendar day of operation in violation of this section comprises a new violation.
     (3) The department shall develop guidelines identifying the specifications of checkout bags allowed under this section. Grocery stores providing checkout bags consistent with the guidelines are deemed to be in compliance with this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 82.19 RCW to read as follows:
     (1) There may be credited against the tax imposed by this chapter:
     (a) The actual cost incurred by a grocery store in a reporting period in providing its customers with checkout bags made of reusable machine-washable textile materials if the grocery store does not charge the customer for the checkout bag; or
     (b) The difference between the actual cost to a grocery store and the revenues generated by the grocery store in a reporting period if the grocery store charges customers for checkout bags made of reusable machine-washable textile materials at a price that is less than the cost incurred by the grocery store in providing the checkout bags made of reusable machine-washable textile materials.
     (2) The credit allowed under this section shall be limited to the amount of tax imposed by this chapter. Any unused credit in a reporting period may be carried forward to future reporting periods for a maximum of one year.
     (3) As used in this section, the terms "grocery store" and "checkout bag" have the same meaning as provided in RCW 70.93.030.

Sec. 4   RCW 7.80.120 and 2003 c 365 s 3 and 2003 c 337 s 4 are each reenacted and amended to read as follows:
     (1) A person found to have committed a civil infraction shall be assessed a monetary penalty.
     (a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments, except for an infraction of state law involving potentially dangerous litter as specified in RCW 70.93.060(4) ((and an infraction of state law involving)), violent video or computer games under RCW 9.91.180, and checkout bags under section 2 of this act, in which case the maximum penalty and default amount is five hundred dollars;
     (b) The maximum penalty and the default amount for a class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments;
     (c) The maximum penalty and the default amount for a class 3 civil infraction shall be fifty dollars, not including statutory assessments; and
     (d) The maximum penalty and the default amount for a class 4 civil infraction shall be twenty-five dollars, not including statutory assessments.
     (2) The supreme court shall prescribe by rule the conditions under which local courts may exercise discretion in assessing fines for civil infractions.
     (3) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.
     (4) The court may also order a person found to have committed a civil infraction to make restitution.

NEW SECTION.  Sec. 5   This act takes effect January 1, 2009.