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Fees, Taxes and Bans | Recycling and Reuse
States continue to consider strategies to reduce the use of carryout plastic bags from grocery stores and other retail outlets.
Regulating bags can mitigate harmful impacts to oceans, rivers, lakes, forests and the wildlife that inhabit them. Reducing bag use can also relieve pressure on landfills and waste management.
While some states are focusing on implementing effective recycling programs, others are attempting to impose bans or fees to discourage the use of plastic bags altogether.
Bans and Fees
In August 2014, California became the first state to enact legislation imposing a statewide ban on single-use plastic bags at large retail stores. The bill also required a 10 cent minimum charge for recycled paper bags, reusable plastic bags, and compostable bags at certain locations. The ban was supposed to take effect on July 1, 2015, but a referendum forced the issues onto the ballot for November 2016. Proposition 67 passed with 52 percent of the vote, meaning the plastic bag ban approved by the Legislature two years ago will remain. A detailed summary of the law can be found below. Voters also rejected a second measure, Proposition 65, which proposed to create an environmental fund with proceeds from a 10 cent charge for alternative bags.
Hawaii has a de facto statewide ban as all of its most populous counties prohibit non-biodegradable plastic bags at checkout, as well as paper bags containing less than 40 percent recycled material. Bans in Kauai, Maui and Hawaii counties took effect between 2011 and 2013, with Honolulu becoming the last major county to approve the ban in 2015.
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 five cents for distribution of all other disposable bags.
Notable Cities/Counties with Plastic Bag Bans and Fees
| Cities with Plastic Bag Bans |
Cities/Counties with Plastic Bag Fees |
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2015-2016 Legislative Summary
Between 2015 and 2016 at least 77 bills have been proposed by 23 states regarding the regulation of plastic bags in retail settings. Only three states—Arizona, Idaho, and Missouri—have enacted legislation this year, all of which preempt local governments from regulating the sale or use of plastic bags, including the imposition of any fees or taxes (see tables below).
States with Enacted Plastic Bag Legislation
Recycling Programs and Requirements
States have a long history of pursuing legislation related to labeling, recycling, and reusing plastic bags. In 1991, Maine became the first state to enact legislation requiring recycling efforts at retail stores. The statute prevents retailers from supplying plastic bags unless they provide a convenient storefront receptacle to ensure used bags are collected and recycled. Since then at least four other states—California, Delaware, New York and Rhode Island— and the District of Columbia have followed suit.
In 2006 and 2009 respectively, California and Delaware passed legislation that requires retail stores to adopt at-store recycling programs. Their similar legislation encourages the use of reusable bags, requires stores to provide an opportunity for their customers to return plastic bags and requires that plastic carry-out bags display a recycling message.
Illinois is the only state that adopted legislation regarding recycling programs in 2016. The house passed a resolution that established "Recycle Thin Film Friday” as an effort to reclaim used thin-film plastic bags and to encourage consumers to use reusable bags.
Enacted Plastic Bag State Legislation
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State
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Citation
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Status
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Summary
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Arizona
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2015 Ariz. Sess. Laws, Chap. 271 (2015 SB 1241)
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*Enacted
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Prevents a city, town or county from regulating the sale, use or disposition of plastic bags and other “auxiliary containers” by an owner, operator or tenant of a business, commercial building or multifamily housing property. The law does not prevent a city, town or county from continuing a voluntary recycling and waste reduction program.
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California
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2014 SB 270
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Put to Referendum
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As of July 1, 2015 certain large stores are prohibited from providing a single-use plastic carryout bag to a customer, unless the retailer makes that bag available for $0.10 and certain conditions are met.
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California
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2011 CA S 567
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Enacted
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Prohibits the sale of plastic products labeled as compostable, home compostable, or marine degradable unless it meets standard specifications. Provides for a civil penalty for a violation.
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California
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Cal. [Public Resources] Code § 42357.5
(2010 SB 228)
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Enacted
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Requires manufacturers of compostable plastic bags 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 symbol in any form.
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California
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2006 AB 2449
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Enacted
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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.
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Delaware
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2009 HB 15; Amended by 2014 HB 198
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Enacted
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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 customers of the store to return plastic bags and requires all plastic carryout bags to display a recycling message.
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District of Columbia
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2010 B 150
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Enacted
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Protects the aquatic and environmental assets of the District of Columbia, bans the use of disposable non-recyclable plastic carryout bags, establishes a fee on all other disposable carryout bags provided by certain retail stores, and establishes the recurring Anacostia River Cleanup and Protection Fund.
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Idaho*
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2016 HB 372
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*Enacted
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States that any regulation regarding the use, disposition or sale of plastic bags or other “auxiliary containers” shall be imposed only by a statute enacted by the legislature.
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Illinois
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2016 HR 1139
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Adopted
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Establishes "Recycle Thin Film Friday” in the State of Illinois as an effort to reclaim used thin-film plastic bags and to encourage consumers to use reusable bags.
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Maine
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2010 SB 131
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Enacted
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Convenes a work group, through a partnership with state agencies and other appropriate entities, to work towards a viable solution to the checkout bag issue to achieve environmental benefits, maintain financial viability for manufacturers and retailers and avoid cost impacts, provides for a report to the legislature.
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Maine
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1991 LD 1166
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Enacted
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Retailers may only provide customers with plastic bags if there is a receptacle to collect used plastic bags within 20 feet of the entrance and all plastic bags collected are then recycled.
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Missouri
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2015 HB 722
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*Enacted
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Provides all merchants doing business in the state with the option to provide either paper or plastic bags. Prevents localities from imposing a ban, fee, or tax upon the use of either paper or plastic bags.
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New York
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2008 AB 11725
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Enacted
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Plastic Bag Reduction, Reuse and Recycling Act; retailers of stores are to establish in-store recycling programs that provide an opportunity for the customer to return clean plastic 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.”
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North Carolina
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2010 SB 1018
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Enacted
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Reduces plastic and non-recycled paper bag use on North Carolina's Outer Banks. A retailer subject to certain provisions shall display a sign in a location viewable by customers saying “[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."
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Rhode Island
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2008 SB 2565
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Enacted
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This legislation promotes the use of paper bags by retailers. Retail establishments must offer the use of a paper bags 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.
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*(Pre-emption bills denoted with *)
2015-2016 Pending State Legislation Summaries
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State
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Bill Number
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Status
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Summary
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Delaware
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HB 202
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Pending – Carryover
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Requires stores to charge five cents for every single-use carryout bag that is provided to customers. Establishes reporting requirements to track fees that are charged and distribution of bags. Expands existing at-store recycling program.
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Hawaii
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HB 1507
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Pending – Carryover
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Convenes a working group to study methods of reducing use of single-use plastic bags and non-recyclable paper bags. Though all of Hawaii’s counties have enacted bag bans, differences exist between them.
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Illinois
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SB 2224
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Pending
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Creates the Plastic Bag and Film Recycling Act. Requires manufacturers of plastic carryout bags to register with the Illinois Environmental Protection Agency and pay to the Agency an initial registration fee and annual registration renewal fee.
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Illinois
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HB 4202
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Pending – Carryover
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Creates the Plastic Bag and Film Recycling Act. Requires manufacturers of plastic carryout bags to register with the Illinois Environmental Protection Agency and pay to the Agency an initial registration fee and annual registration renewal fee. (similar legislation to IL SB 2224)
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Massachusetts
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HB 4168
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Pending
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Beginning Aug. 1, 2018 stores may no longer provide single-use carryout bags to customers at point of sale. Reusable bags, recycled paper bags and compostable plastic bags may be sold for a minimum of 10 cents each.
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Massachusetts
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HB 739
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Pending – Carryover
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Prohibits retail stores from distributing plastic carryout bags at the point of sale. Retailers who provide carryout bags must use recycled paper bags.
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Massachusetts
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HB 1501
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Pending – Study Order
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Requires every store to pay to the Commissioner of Revenue an excise of two cents per plastic bag provided to customers during the tax year—50 percent returned to store; 50 percent retained by the Commonwealth.
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Massachusetts
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SB 434
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Pending – Carryover
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Requires the Department of Environmental Protection to promulgate regulations to prohibit the use of plastic carryout bags by 2019.
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Massachusetts
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SB 2286
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Pending
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Prohibits a vendor at a farmers market from providing a single-use carryout bag to a customer. Makes exceptions for bags without handles provided to protect items from damage, contamination or to contain an unwrapped food item.
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Massachusetts
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SB 2305
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Pending
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Refers to the “Plastic Bag Reduction Act”, which states that no store shall provide a single-use carryout bag to a customer at the point of sale.
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New Jersey
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AB 2396
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Pending
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Provides for the decrease and eventual ban on use of non-compostable plastic grocery bags.
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New Jersey
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AB 3671 / SB 2349
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Pending
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Beginning June 1, 2017, store operators must charge a five-cent fee for each single-use carryout bag provided to the customer. Exemptions: customers 65 years of age or older and individuals enrolled in SNAP, WIC or the Work First New Jersey program. Dedicates revenue from the fee to the Health Schools and Community Lead Abatement Fund.
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New York
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AB 1991 / SB 703
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Pending – Carryover
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Creates the “Pennies for Park” program to provide funds for capital expenditures at state parks and historic sites. Imposes a one cent fee on single-use plastic carryout bags.
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New York
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AB 3636 / SB 4536
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Pending – Carryover
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Prohibits grocery stores from providing plastic carryout bags requiring them to provide recyclable paper bags instead at no charge.
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New York
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SB 3098
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Pending – Carryover
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Requires stores to charge five cents for each plastic bag provided to customers.
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New York
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SB 3329
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Pending – Carryover
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Increases number of stores subject to the Plastic Bag Reduction, Reuse and Recycling Act.
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New York
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AB 5954
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Pending – Carryover
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Requires greater number of stores in New York City to provide a recycling bin for plastic bags. Grants co-enforcement authority to the city over certain provisions of the law.
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New York
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SB 7336 / AB 9904
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*Pending
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Prohibits the imposition and/or collection of any tax, fee or local charge on carry out merchandise bags.
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New York
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SB 7085
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Pending
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Improves access to plastic bag collection bins by moving the bin to the entrance of the store. Requires a sign be placed above the bin to clarify that many other types of plastic bags can be recycled at these locations and that the bin must be emptied regularly. (similar to AB 10368)
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New York
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AB 10368
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Pending
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Relates to certain recycling program requirements; requires regular emptying of the bins; requires that information already collected by retailers regarding recycled plastic is transmitted to the Department of Environmental Conservation; requires stores to maintain records of recycling of plastic bags and make such records available.
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New York
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AB 8479
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Pending
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Declares that there shall be a tax of five cents upon plastic and paper shopping bags used to transport every sale of tangible personal property by consumers.
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Pennsylvania
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SB 540 / HB 1431
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Pending – Carryover
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Imposes a two-cent fee on each plastic bag supplied by retail establishment. A portion of the collected fees will be used for the improvement of recycling practices, education and compliance.
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Pennsylvania
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HB 1280
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*Pending – Carryover
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Prohibits the imposition of a ban, fee, or tax on the provisions of plastic bags at the point of sale.
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Pennsylvania
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HB 1281
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Pending – Carryover
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Establishes the Plastic Bag Recycling Advisory Board. Provides for a study and report.
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Rhode Island
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SB 2527
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Pending
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Prohibits retail sales establishments from making available plastic checkout bags, or plastic water bottles or expanded polystyrene disposable food containers at the point of sale.
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