PRINTER'S NO. 951
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
752
Session of
2021
INTRODUCED BY SABATINA, KEARNEY, SANTARSIERO, COMITTA,
TARTAGLIONE, COSTA AND CAPPELLETTI, JUNE 23, 2021
REFERRED TO FINANCE, JUNE 23, 2021
AN ACT
Prohibiting retail establishments from providing single-use
carryout plastic bags to consumers at the point of sale;
authorizing counties to impose paper carryout bag fee;
establishing the Paper Carryout Bag Fee Account; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Carryout Bag
Regulation Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The Paper Carryout Bag Fee Account established
under section 5(a).
"Compostable plastic bag." A plastic bag or pouch that at a
minimum meets the American Society for Testing and Materials
standard D6400 for compostable plastic, as amended.
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"Consumer good." A good that is sold at retail to a
purchaser for personal consumption or household use.
"Department." The Department of Revenue of the Commonwealth.
"Paper carryout bag." A paper bag that is designed and
intended to be used for the carrying of goods purchased at a
retail establishment and is provided to a consumer by the retail
establishment at the point of sale. The term does not include a
recycled paper bag.
"Postconsumer recycled material." A material that would
otherwise be destined for solid waste disposal, having completed
its intended end use and product life cycle. The term does not
include materials and byproducts generated from, and commonly
reused within, an original manufacturing and fabrication
process.
"Recycled paper bag." A paper carryout bag provided to a
consumer by a retail establishment at the point of sale that
meets all the following criteria:
(1) If more than an eight pound bag, the bag contains
no less than 40% postconsumer recycled materials.
(2) If less than an eight pound bag, the bag contains no
less than 20% postconsumer recycled material.
(3) The bag is accepted for recycling in curbside
recycling programs in a majority of households that have
access to curbside recycling programs in this Commonwealth.
(4) The name of the manufacturer of the bag, the country
where the bag was manufactured and the percentage of
postconsumer recycled material contained in the bag are
printed on the bag.
"Retail establishment." An establishment that meets all of
the following criteria:
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(1) The establishment sells or offers to sell retail
consumer goods to the public and has gross sales of consumer
goods in excess of $1,000,000 during the previous tax year.
(2) The establishment has more than 10,000 square feet
of retail space or is part of a chain engaged in the same
general field of business which operates no less than five
units of more than 4,000 square feet of retail space in this
Commonwealth under common ownership and management.
"Single-use carryout plastic bag." A bag or pouch of
flexible packaging made of thin, flexible, plastic film that is
designed and intended to be used for the carrying of goods
purchased at a retail establishment and is provided to a
consumer by the retail establishment at the point of sale. The
term does not include any of the following:
(1) A reusable bag or pouch specifically designed for
multiple use that is made of cloth, fabric or durable plastic
of a least 2.25 mils.
(2) A nonhandled plastic bag used to protect a purchased
item from damaging or contaminating other purchased items
when placed in a recycled paper bag, a reusable grocery bag
or a compostable plastic bag.
(3) A bag provided by a pharmacy.
(4) A bag provided to contain an unwrapped food item.
(5) A nonhandled bag that is designed to be placed over
articles of clothing on a hanger.
(6) A compostable plastic bag.
Section 3. Prohibition on single-use carryout plastic bags.
(a) Prohibition.--
(1) A retail establishment shall not provide a single-
use carryout plastic bag to a consumer at the point of sale.
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(2) A retail establishment shall not require a consumer
to use, purchase or accept a single-use carryout plastic bag,
paper carryout bag, recycled paper bag, compostable plastic
bag or reusable grocery bag as a condition of sale of any
product.
(b) Nonretail establishments.--An establishment that is not
a retail establishment may opt to reduce its distribution of
single-use plastic carryout bags or cease to provide single-use
carryout plastic bags to consumers at the point of sale as
required for a retail establishment under this act.
(c) Notice.--
(1) If an establishment that is not a retail
establishment opts to cease providing single-use carryout
plastic bags to consumers at the point of sale as required
for a retail establishment under this act, the establishment
shall provide the department with a written notice. The
notice shall specify the establishment's intent to be
regulated as a retail establishment under this act and shall
be irrevocable.
(2) The notice shall be dated and signed by an
authorized representative of the establishment and shall
include the name and physical address of all retail locations
covered by the notice.
(3) The department shall acknowledge the receipt of the
notice in writing and shall specify the date the retail
establishment will be regulated as a retail establishment
under this act, which shall not be less than 30 days after
the date the department acknowledges the receipt under this
paragraph.
(4) The department shall post the name and physical
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retail locations, organized by county, of each establishment
that has opted to be regulated as a retail establishment as
specified under this act.
Section 4. Paper carryout bag fee.
(a) Fee.--The governing body of a county of any class may,
by ordinance, impose a fee of five cents per paper carryout bag
provided by a retail establishment to a consumer at the point of
sale. The fee shall be collected by the retail establishment
from the purchaser and shall be paid over to the Commonwealth.
(b) Statements.--Any sales slip, invoice, receipt or other
statement of price furnished by a retail establishment to a
consumer to collect the fee imposed under this section shall
separately state and make payable the fee and state the number
of paper carryout bags provided to the consumer.
(c) Retail sales.--The transfer of a paper carryout bag to a
consumer by a retail establishment shall not constitute a retail
sale and the fee imposed under this section shall not constitute
a receipt for the sale of tangible personal property.
(d) Exemptions.--All of the following shall be exempt from
the fee imposed under this section:
(1) A consumer who is provided a recycled paper bag from
a retail establishment at the point of sale.
(2) A consumer using the Supplemental Nutrition
Assistance Program (SNAP), Special Supplemental Nutrition
Program for Women, Infants and Children (WIC) or any
successor programs for the full or partial payment for the
items purchased.
Section 5. Paper Carryout Bag Fee Account.
(a) Establishment.--The Paper Carryout Bag Fee Account is
established as a restricted account in the General Fund. Money
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collected from the fee imposed under section 4 shall be
deposited into the account.
(b) Distribution.--Money in the account shall be distributed
as follows:
(1) Two cents out of every five cents collected in a
county from the fee imposed under section 4 shall be
distributed to the Department of Environmental Resources to
award grants for applicants approved to develop and implement
municipal recycling programs within the county in accordance
with section 902 of the act of July 28, 1988 (P.L.556,
No.101), known as the Municipal Waste Planning, Recycling and
Waste Reduction Act.
(2) Three cents out of every five cents collected in a
county from the fee imposed under section 4 shall be
distributed to the Department of Conservation and Natural
Resources to award grants for approved applicants to design,
establish, monitor and maintain riparian buffers within the
county under the Riparian Forest Buffer Grant Program.
Section 6. Preemption.
(a) Single-use plastic bags.--The provisions of section 3
prohibiting a retail establishment from providing a single-use
carryout plastic bag to a consumer at the point of sale shall
preempt any local ordinance or regulation regarding single-use
plastic bags.
(b) Paper carryout bag fee.--An ordinance adopted under
section 4(a) authorizing a county to impose a paper carryout bag
fee shall preempt any local ordinance or regulation regarding
carryout paper bags.
Section 7. Penalties.
(a) Assessment.--The Office of Attorney General, a county or
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municipality may assess a civil penalty on a person who
knowingly or reasonably should have known that the person
engaged in conduct that violates this act. A civil penalty under
this section may be assessed as follows:
(1) An amount not exceeding $100 per day for the first
violation of this act.
(2) An amount not exceeding $200 per day for a second
violation of this act.
(3) An amount not exceeding $5,000 per day for the third
and subsequent violations.
(b) Collection.--A civil penalty collected under subsection
(a) shall be distributed to the law enforcement agency
responsible for assessing the civil penalty. If the civil
penalty under subsection (a) is collected by the Office of
Attorney General, the Office of Attorney General may use the
civil penalty to enforce this act upon appropriation by the
General Assembly.
Section 8. Effective date.
This act shall take effect in 180 days.
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