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SECTION 2. Chapter 14, Hawai`i County Code 1983 (2005 Edition, as amended), is <br />amended by adding a new article to be appropriately designated and to read as follows: <br />"Article _. Plastic Bag Reduction. <br />Section 14 -_. Purpose. <br />The purpose of this article is to reduce the use of plastic bags and to <br />encourage the use of environmentally preferable alternatives, such as reusable <br />cloth or paper bags. <br />Section 14 -_. Definitions. <br />As used in this article: <br />"Business" means any commercial enterprise or establishment, including <br />sole proprietorships, joint ventures, partnerships and corporations, or any other <br />legal entity, and includes any independent contractors associated with the <br />business. <br />"Plastic checkout bag" means a carryout bag that is provided by a business <br />to a customer for the purpose of transporting groceries or other retail goods, and <br />that is made from non - compostable or compostable plastic and not specifically <br />designed and manufactured for multiple re -use. <br />"Reusable bag" means a bag that is specifically designed and <br />manufactured for multiple re -use and is (1) made of cloth or other machine <br />washable fabric or (2) made of paper specifically designed for multiple and long- <br />term use. <br />Section 14 -_. Administration. <br />The director of the department of environmental management shall <br />administer this article including providing education and enforcement and shall <br />adopt administrative rules including defining permissible bags and establishing <br />penalties pursuant to chapter 91, Hawai`i Revised Statutes, within one hundred <br />eighty days from the effective date of this ordinance. <br />Section 14 -_. Plastic checkout bags prohibited. <br />Businesses shall not provide plastic checkout bags to their customers. <br />Section 14 -_. Exemptions. <br />(a) Organizations classified under Section 501 (c) of the United States Internal <br />Revenue Code and non - incorporated community booster organizations are <br />exempt from the provisions of this article. <br />(b) Businesses may make plastic checkout bags available for purchase for one <br />calendar year after the effective date of this ordinance." <br />2 <br />