State Plastic and Paper Bag Legislation: Fees, Taxes and Bans; Recycling and Reuse
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NCSL Staff Contacts
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 May 2013
States are continuing to consider strategies to reduce the number of plastic carry-out bags from grocery stores and other retail outlets. Some states are targeting paper bags as well. Regulating bags can mitigate harmful impacts to oceans, rivers, lakes and the wildlife that inhabit them. Reducing bag use can also relieve pressure on landfills and waste management.
Bans and Fees
No state has yet to enact a statewide ban, fee or tax. However, Hawaii does have a de-facto statewide ban, as all four counties in the state now ban non-biodegradable plastic bags at checkout as well as paper bags that are not at least 40 percent recycled. Kauai and Maui counties already enforce bans, while Hawaii County's ban takes effect on Jan. 17, 2013. Honolulu County made the ban statewide when it passed legislation in May 2012. Retailers in Honolulu County have until July 1, 2015, to make the change.
In 2009, the District of Columbia enacted a law to ban the distribution of disposable, non-recyclable plastic carry-out bags and set a fee of 5 cents for distribution of all other disposable bags.
In 2009, North Carolina banned plastic bags for the Outer Banks region, a chain of barrier islands off its coast. However, in 2011, the state passed legislation to temporarily suspend that ban due to a tornado that hit Dunn, North Carolina, which is the major distribution center for paper bags in the area. The ban has yet to be restored.
2013 Legislation Summary
Thus far in 2013, eight states—Arkansas, California, Florida, Massachusetts, New Jersey, Oregon, Rhode Island and Washington—are considering banning single-use plastic bags, with California’s proposed ban including paper and other single-use bags as well. Florida, the ban would not prohibit customers from bringing their own bags of any sort. Florida and Washington have proposed legislation that would create rules for localities that choose to impose a ban or fee on plastic bags.
Eight states—Florida, Hawaii, Maryland, New Jersey, New York, Rhode Island, Vermont and Washington—have proposed a fee or tax on the distribution of bags which a shopper will have to pay, either directly or indirectly. A few of Maryland’s proposed bills would require a 5 cent credit for each bag a customer provides themselves, while Rhode Island would require a ten cent fee even for a recyclable paper bag. Hawaii would impose fees ranging from 5 cents to 25 cents if the state finds that distribution of single-use bags has not decreased 75 percent by a specified date. Depending on the state, the revenue would go to state parks, school districts, community improvement trusts or other public programs.
Recycling Programs and Requirements
States have continued to propose and enact legislation relating to labeling, recycling, and reusing plastic bags. In 2010, California passed legislation that requires manufacturers of compostable plastic bags to ensure that the bag is readily and easily identifiable from other bags. That same year, Delaware enacted an At-Store Recycling Program. The legislation encourages the use of reusable bags, requires stores to establish an at-store recycling program that provides an opportunity for customers of the store to return clean plastic bags, requires that plastic carry-out bags display a recycling message and provides fines and penalties for noncompliance. Illinois passed similar legislation, The Plastic Bag and Film Recycling Act, in 2012.
Energy and Environment Legislation Tracking Database
Enacted Plastic and Paper Bag Legislation
Enacted Plastic Bag State Legislation Summaries
California
Compostable or Marine Degradable Plastic Bags (2010 CA S 228)
Requires a manufacturer of a compostable plastic bag to ensure that the bag is readily and easily identifiable from other bags. Prohibits a compostable plastic bag sold in the state from displaying a chasing arrow resin identification code or recycling type of symbol in any form. Requires a manufacturer to comply with these requirements only to the extent that labeling requirements do not conflict with federal requirements. (09/28/2010 - Enacted*)
Recycling: Plastic Products (2012 CA S 567)
Prohibits the sale of a plastic product labeled as compostable, home compostable, or marine degradable unless it meets standard specifications or a specified standard, or the plastic product is labeled with a qualified claim and the plastic product meets that standard. Prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Provides for a civil penalty for a violation. Provides for the continuation of plastic bag labeling provisions. (10/08/2011 - Enacted*)
At-Store Recycling Program (Cal Pub Resources Code §§ 4225 – 7)
Retail stores must adopt an at-store recycling program. Plastic bags used at retailers must have clearly printed “Please Return to a Participating Store for Recycling” on the bag. Retailers must also make reusable bags available for purchase by the customer, in lieu of plastic bags. (*Repealed January 1, 2013)
District of Columbia
Anacostia River Clean Up and Protection Act (2010 DC B 150)
Protects the aquatic and environmental assets of the District of Columbia, to ban the use of disposable non-recyclable plastic carryout bags, to establish a fee on all other disposable carryout bags provided by grocery stores, drug stores, liquor stores, restaurants, and food vendors, to give the Mayor the authority to implement rules and procedures to collect the fee, to establish a non-lapsing recurring Anacostia River Cleanup and Protection Fund. (09/23/2009 - Enacted*)
Delaware
At Store Recycling Program (7 Del. C. § 6099A)
Encourages the use of reusable bags by consumers and retailers, requires a store to establish an at-store recycling program that provides an opportunity for a customer of the store to return clean plastic bags, requires all plastic carryout bags to display a recycling message, requires stores to maintain records of collection and recycling of plastic bags, prohibits imposition of a plastic bag fee upon a compliant store, provides for fines and penalties. (08/17/2009 - Enacted*)
Recycling Program (2012 DE SCR 24)
Requests a report and suggestions for improvement on the at-store recycling program of plastic carryout bags for the purpose of improving the program and bettering the environment. (06/29/2011 - Enacted*)
Illinois
Plastic Bag and Film Recycling Act (2011 IL S 3442)
The Plastic Bag and Film Recycling Act requires manufacturers of plastic carryout bags to register with the Environmental Protection Agency and pay the agency an initial registration fee and annual registration renewal fee. It would prohibit a manufacturer from selling or offering to sell a plastic bag in the state unless its name is printed on the bag, while requiring the manufacturers to develop an agency-approved plan for the recycling of plastic carryout bags and plastic film product wrap. This bill would also preempt local governments in IL from regulating (via fees or bans) plastic bags and film in any way (06/29/2012 – To Governor for Signature*)
Maine
Checkout Bags (2010 ME S 131)
Convenes a work group, through a partnership with state agencies and other appropriate entities, to work together towards a viable solution to the checkout bag issue to achieve environmental benefits, maintain financial viability for manufacturers and retailers and avoid cost impacts for consumers, provides for a report to the legislature. (05/19/2009 - Enacted*)
Recycling Plastic Bags (38 M.R.S. §1605)
Retailers may only provide customers with plastic bags if there is a receptacle to collect used plastic bags with twenty feet of the entrance and all the plastic bags collected are then recycled.
New York
Plastic Bag Reduction, Reuse and Recycling Act (NY CLS ECL §§ 27-2701 - 2713)
Retailers of stores are to establish in-store recycling programs that provide an opportunity for the customer to return clean plastic carryout bags to be recycled. The plastic carryout bags provided by the store must have printed on them “Please return to a Participating Store for Recycling.”
North Carolina
Plastic Bag Use (2010 NC S 1018)
Reduces plastic and non-recycled paper bag use on North Carolina's outer banks (a sea turtle nesting area). A retailer subject to G.S. 130A-309.102 shall display a sign in a location viewable by customers containing the following notice: "[county name] County discourages the use of single-use plastic and paper bags to protect our environment from excess litter and greenhouse gases. We would appreciate our customers using reusable bags, but if you are not able to, a 100% recycled paper bag will be furnished for your use." Please see additional NC bills for identical language regarding the use of plastic bags and fines. (06/24/2009 - Enacted*)
Plastic Bag Management (2011 NC S 146)
Suspends the ban on plastic bags in certain coastal areas due to a disruption in the supply of paper bags because of the severe tornados. The major distribution center for paper bags used by retailers in the areas subject to the ban was located in Dunn, NC, but was severely damaged and rendered unusable by the tornados of April 16, 2011. The General Assembly finds that the suspension of the requirement until the supply chain for paper bags is restored is in the public interest. This act becomes effective April 16, 2011. (04/20/2011 - Enacted*)
**Suspends the above bill.
Rhode Island
Promotion of Paper Bag Usage (R.I. Gen. Laws §§ 23-18.11-1 – 11-6)
To decrease use of plastic bags, this legislation promotes the use of paper bags by retailers. Retail establishments must offer the use of a paper bag to the consumer. Every retail establishment that provides customers with plastic bags must provide conveniently located receptacles where customers can return their clean and dry plastic bags to be recycled. Failure to comply with these laws is punishable with fines up to $500.
2013 Pending State Legislation Summaries
California | Hawaii | Louisiana | Maine | Massachusetts | New Jersey | New York | Oregon | Rhode Island | Vermont | Washington
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State
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Bill and Author
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Summary
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California
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CA AB 158 – Levine 01/22/2013
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Prohibits specified stores from providing a single-use carryout bag to a customer after January 31, 2015. A single-use bag is defined as a “a bag made of plastic, paper, or other material, that is provided by a store to a customer at the point of sale and that is not a reusable grocery bag.” A re-usable bag is defined as a bag that is “Designed and manufactured to withstand, at a minimum, 125 uses.” Stores can provide recyclable paper bags and requires stores to provide reusable grocery bags for purchase. Requires stores to provide a plastic bag collection bin for their customers, for the purpose of collecting and recycling single-use plastic bags. Requires the submission of a biennial certification and fee.
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Hawaii
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HI H 934 – Souki 01/24/2013
HI S 1165 – Kim 01/24/2013
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Establishes a 10-cent fee for every single-use checkout bags, which might increase to 25 cents in 2018. If after July 1, 2017, the state determines that the statewide distribution of single-use checkout bags has not decreased by at least seventy-five per cent from the effective date of the ban, the fee shall increase to 25-cents on January 1, 2018. At the end of each month, the fees will be deposited into the environmental management special fund to mitigate against damaging effects of single-use checkout bags.
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HI H 357 – Lowen 01/22/2013
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Beginning January 1, 2014, all businesses shall charge and collect a fee of 10-cents per single use bag provided to customers, except for customers who participate in federal supplemental nutrition assistance program and special supplemental nutrition program for women, infants, and children. If, after July 1, 2016, the state determines that the statewide distribution of single-use checkout bags has not decreased by at least seventy-five per cent from the effective date of the ban, the fee shall increase to 25-cents on January 1, 2017. Stores can keep 20% of fees collected between January 1, 2014 and December 31, 2015 and 10% from January 1, 2016 thereafter. All fees remitted to the state will be deposited into the Environmental Management Special Fund. After costs are covered, twenty percent of the balance goes towards the Environmental Response Revolving Fund and eighty percent goes to the Natural Area Reserve Fund for watershed protection, restoration, and acquision.
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Louisiana
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LA HB 529 – Barrow 04/08/2013
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Proposes a constitutional amendment to be submitted to the voters of Louisiana to impose a 5-cent tax on each single-use plastic bag provided at a retail outlet.
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LA HB 711 – Barrow 04/18/2013
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Proposes a state tax of 5-cents on each single-use plastic bag. Money from the tax will be deposited in the Plastic Bag Management Fund, which is established by the bill. Within the Fund are two accounts; twenty percent of tax monies shall be deposited into the Community Grants Account and eighty percent shall be deposited into the Nonprofit Support Account. The monies in the Community Grants Account shall be allocated to each state senator and state representative to grant. Community Grants shall be available for activities undertaken for a public purpose, including but not limited to tourism, recreation, economic development, capital outlay, education, and services for youth and the elderly. Grants shall be exclusively available to public and private nonprofit entities. The office of community development in the division of administration shall monitor and evaluate the use of grant funds. The monies in the Nonprofit Support Account shall be appropriated each year for a variety of prescribed non-profit organizations and state agencies.
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Maine
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ME LD 1292 – McGowan 04/02/2013
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This bill requires a retailer to assess a 10-cent surcharge for a single-use plastic bag designed for one-time use distributed to a customer at the point of retail sale. The retailer retains 2-cents from the surcharge for administrative costs. The revenues from the plastic bag surcharge are credited to the Plastics Recycling Fund administered by the Department of Environmental Protection for the purpose of promoting recycling efforts related to plastics. A retailer may provide recyclable paper bags to bag products at the point of sale. A retailer must provide reusable bags for purchase by a customer.
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Massachusetts
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MA S 1350 – Joyce 02/15/2013
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Provides that stores that gross more than $1 million per tax year must pay the commissioner an excise tax of 2-cent per non-recyclable plastic bag. Customers do not pay any excise on any non-recyclable plastic bag or compostable bag that the customer brings into the store him or herself. The excise collected is distributed as follows: (1) Fifty percent goes back to the store that collects the excise for purposes of improving recycling practices, recycling awareness in stores, and providing educational materials to encourage recycling; (2) Fifty percent goes to the Commonwealth for related purposes consistent with recycling plans of the solid waste master plan.
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MA HB 787 – Provost 01/22/2013
MA SB 359 – Eldridge 02/15/2013 |
The “Plastic Bag Reduction Act” prohibits any retail establishment from distributing plastic carryout bags to customers, but does not apply to produce or product bags. Should a retail establishment provide carryout bags to customers, the bags must be recyclable paper carryout bags and can be provided for a fee. A retail establishment can make reusable carryout bags available for sale. Nothing prohibits a customer from using bags of any type that they bring to the store themselves.
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MA HB 696 – Ehrlich 01/22/2013
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Retail establishments would be prohibited from distributing single-use, non-biodegradable plastic bags. However, should a retail establishment provides carryout bags to customers; the bags must be one of the following: (1) recyclable paper bags, (2) reusable carryout bags, or (3) a bag that meets certain specifications.
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New Jersey |
NJ S 77—Bateman 01/10/2012
NJ A 1193—Stender, Lampitt, Riley 01/10/2012
NJ S 988—Greenstein 01/17/2012
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New Jersey introduced multiple bills on the recycling of plastic bags concerning the establishment of in-store recycling programs that provide customers the opportunity to return clean plastic carryout bags.
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NJ A 2821—McKeon 05/10/2012
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Calls for a decrease and eventual ban on the use of non-compostable plastic grocery bags at retail stores.
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NJ S 675—Stack 01/12/2012
NJ A 3261 – Wagner, 9/27/12
NJ S 812—Smith B. 01/10/2012
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The Reduce Plastic and Paper Bag usage Act would impose a 5-cent fee for every carryout bag distributed from a retailer.
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NJ A 3787 – Stender 02/07/2013
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Creates the “Carryout Bag Reduction and Recycling Act.” Beginning January 1, 2014, businesses shall impose a 5-cent fee per disposable bag provided to customers. The business can keep 1-cent and remit 4-cents to the state. Businesses can create a voluntary carryout bag credit of 5-cents per bag, regardless of if it is a plastic, paper, or reusable bag. The business can keep 2-cents of that and give 3-cents to the Department of Environmental Protection. Businesses who participate in this program must prominently advertise their participation. Beginning January 1, 2015, businesses cannot provide disposable carryout bags, unless it is recyclable paper or plastic. Revenues from the fees goes into the Barnegat Bay Restoration Fund to improve water quality in Barnegat Bay.
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New York
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NY A 1864 – Schimel 01/19/2013
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Would require store operators to post signs regarding reusable bags and to print on single-use plastic bags the words “PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING." Store operators will also be required to provide a visible plastic bag collection bin.
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NY A 3113 – Ortiz 01/23/2013
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Would impose a 15-cent tax on plastic shopping bags used to transport every sale of tangible property by consumers from shops, supermarkets, service stations, and all sales outlets.
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NY S 1033 – Serrano 01/09/2013
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Pennies for the Parks Program would provide funds for capital expenditures at state parks and historic sites. Imposes a tax on single use carryout plastic bags, and holds funds received by the tax on single use carryout plastic bags in the Pennies for the Parks Program. The funding stream would be created by imposing a 1-cent fee on each single use carryout plastic bag distributed by retailers in New York..
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NY A 947 – Kellner 01-09-2013
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Would impose a fee on the use of plastic carryout bags and allow store operators to charge customers a fee to purchase reusable tote bags. Would also require store operators to provide a collection bin for single-use plastic bags. Local laws imposing taxes authorized to collect taxes on the purchase of single-use plastic bags by store operators shall be created. Local tax laws would provide for the allowance of credits against such taxes of five cents for each taxable plastic carry-out bag if manufactured with a minimum of thirty percent recycled material.
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Oregon
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OR S 113 – Senate Environmental & Natural Resources Committee
01/14/2013
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Prohibits the distribution of single-use plastic bags, except in certain cases. Requires retailers to provide reusable tote bags for customers to purchase. The Department of Environmental Quality can impose a penalty for violation of this act. Repeals O.R.S. § 459A.695 that requires retailers that provide single-use plastic bags to also offer paper bags.
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Rhode Island
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RI H 5403 – Cimini 02/13/2013
RI S 404 – Nesselbush 02/26/2013
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Creates the “Plastic Waste Reduction Act.” Beginning January 1, 2014 for large retail establishments, and January 1, 2015 for small retail establishments, plastic carryout bags are prohibited from being provided to the customer, except for plastic barrier bags or double opening plastic bags. Retail establishments shall collect no less than 10-cents for each recyclable paper bag provided to the customer. Stores can make reusable bags or recyclable paper bags for sale to the customer.
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Vermont
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VT HB 491 – McCormack 03/01/2013
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Effective July 1, 2013, a fee of 5-cents per disposable carryout bag is imposed. The retail store can retain 1-cent as a processing fee. The remaining 4-cents is paid to the Department of Taxes. Until July 1, 2016, the Department of Taxes will deposit the remainder in the General Fund. After July 1, 2016, the Department will deposit the remainder into the Waste Management Assistance Fund.
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Washington
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WA SB 5386 – Mullet 01/28/2013
WA HB 1310 – Fitzgibbon 01/21/2013
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A city may adopt regulation to regulate customer’s access to retail carryout bags that are non-biodegradable. The regulation can include the prohibition of plastic bags entirely. The regulation can include the imposition of a 5-cent fee per recyclable paper bag. Should the city opt to adopt this regulation, the city must conform with the model laid out in this legislation.
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WA SB 5248 – Chase 01/23/2013
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Effective October 1, 2013, a tax is imposed of 2-cents per non-biodegradable plastic bag supplied by the seller to the buyer. Buyers will pay the seller a fee of 2-cents per bag. The tax collected will be deposited into the General Fund.
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WA SB 5253 – Chase 01/23/2013
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Retail stores may not distribute a carryout bag to a consumer unless the bag is either compostable plastic, recyclable paper, or a reusable carryout bag. Cities, towns, and counties or other municipalities may only enact only those laws relating to retail store carryout bags that are consistent with this chapter.
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Source: NCSL, 2012-2013
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