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HomeMy WebLinkAboutBIL 326 Draft 01 2006-2008J~tv.os k1~ COUNTY OF HAWAII ,•'~ ~• ';la::: ql~ GF •N~,i~ ORDINANCE NO. STATE OF HAWAII BILL NO. 326 AN ORDINANCE AMENllING CHAPTER 20, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE 5 PERTAINING TO PLASTIC BAG REDUCTION. BE IT ORDAINED BY THE COUNCIL OF TI-IE COUNTY OF HAWAI`L• SECTION 1. Purpose and findings. The production and use of non-biodegradable plastic bags have significant impacts on the environment, including: contributing to unsightly litter; contributing to injuries and potential death of marine and pasture animals through ingestion and entanglement; requiring the use of millions of barrels of crude oil for their manufacture when there is a limited supply of that natural resource; and creating a burden on County landfills because of increased air pollution resulting from the particular inert chemical composition and the inordinate length of time for any substantial decomposition to occur. The council finds that to preserve the health, safety, welfare, and scenic and natural beauty of the County of Hawaii, the use of non-biodegradable plastic bags must be regulated. The Hawaii County general plan's Environmental Quality Element 4.3 specifies the following policies for the County: "(a) Take positive action to further maintain the quality of the environment. (b) Reinforce and strengthen established standards where it is necessary, principally by initiating, recommending, and adopting ordinances pertaining to the control of pollutants that affect the environment.... (d) Encourage the concept of recycling agricultural, industrial, and municipal waste material." The council recognizes the need to proactively address the universally recognized environmental harm resulting from the proliferation of plastic bags. The purpose of this article is to reduce the use ofnon-biodegradable plastic bags and to encourage the use of environmentally preferable alternatives, such as recyclable paper bags or reusable bags. While the best outcome to this regulatory plan would be to encourage consumers to routinely b.y.o.b. (bring your own reusable bag), this bill takes a more limited approach by initially only prohibiting petroleum- based, non-biodegradable plastic bags, but allowing compostable (usually plant-based) plastic bags; and then four years hence, prohibiting compostable plastic bags that are harmful to other species when they become entangled in the bags or accidentally ingest the bags. The current bill addresses only non-biodegradable plastic shopping bags which are distributed to customers as checkout bags, and not other non-biodegradable plastic bags which are used for garbage, greenwaste, etc. SECTION 2. Chapter 20, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new article 5, to read as follows: "Article 5. Plastic Bad Reduction. Section 20-50. Purpose. The purpose of this article is to reduce the use of non-biodegradable plastic bags and to encourage the use of environmentally preferable alternatives, such as recyclable paper bags or reusable bags. Section 20-51. Definitions. As used in this article: "ASTM Standard" means the American Society for Testing and Materials (ASTM)'s International standard D6400 for compostable plastic, as amended. "Business" means any commercial.enterprise or establishment, including sole proprietorships, joint ventures, partnerships and corporations, or any other le al entity whether for profit or not for profit, and includes all employees of the business or any inde endent contractors associated with the business. "Checkout bag" means a Carr o~ that is provided by a business to a customer at the point of sale for the purpose of transporting_groceries or other og ods. "compostable bag" means a bag_that (1) meets the ASTM Standard for compostabilit~ (2) contains no petroleum-derived content; and (3) displays the word "compostable" in a highlX visible manner on the outside of the bay. "Director" means the director of environmental management. "Non-biodegradable plastic bag" means a plastic bag that does not meet the definition of either ``compostable bag" or "reusable bag". "Recyclable paper bag" means a paper checkout bag provided by a business to a customer at the point of sale for the purpose of transporting groceries or other goods which meets the following reduirements: (1) contains no old growth fiber, (2) is one hundred percent recyclable, and (3) contains a minimum of fort percent post-consumer recycled content. "Reusable bag" means a bag that is specifically designed and manufactured for multiple re-use and is (1) made of cloth or other washable fabric, or (2~ made of other durable material suitable for re-use. Section 20-52. Administration. (a) The director shall administer this article and shall adopt administrative rules pursuant to chapter 91, Hawaii Revised Statutes, within one hundred eight days from the effective date of this ordinance. fib) On or before September 1 of each Xear, the director shall submit to the council a report assessing any reduction in the use of non-biodegradable plastic bags. Section 20-53. Nonbiode~radable plastic bad restrictions. ~a) Businesses are prohibited from providing non-biodegradable plastic checkout bags to their customers at the point of sale beginning one year from the effective date of this ordinance. (b) Businesses may instead provide only compostable ba s, rec cly able paper bags or reusable bays as checkout bags for their customers, subject to the limitation of section 20-54. ~c) Nothing in this article shall preclude a business from making reusable, compostable or rec cl~paper checkout bags available either for sale or without charge to their customers. Section 20-54. compostable bads. Businesses are prohibited from providing compostable checkout bags to customers at the point of sale beginnin f~years from the effective date of this ordinance. Section 20-55. Violation and penalties. (a) Anv violation of this article is a misdemeanor and any business convicted of a violation shall be sentenced to pay a fine not exceeding $250 for each offense. b) Fines collected pursuant to this chapter shall be deposited into the public access_ oven space, and natural resources fund, as authorized by section 2-214(b)(3), which permits monies to be deposited to the fund from "any source of revenue dedicated by the Hawaii County Charter or the Hawaii County Code for the purposes of this article." According to section 2-214(d), the fund shall be used for acquiring lands in the County for the purposes of "(3) Protection of natural resources, including buffer zones" and "(4) Preservation of forests, beaches, coastal areas, natural beaut and agricultural lands." The reduction of plastic bags directly contributes to the protection of natural resources in the County, including the preservation of marine and agricultural species that suffer injuries and death from accidental entanglement and ingestion of plastic bates." SECTION ~. Severability If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 5. This ordinance shall take effect upon approval. ~, i~ a Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: 1332 REFERENCE: ~n• DiJCED BY: COUNCIL MEMBER, 4 ~__~, _.__w ..r _.~_..