A10577
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1280
Session of
2015
INTRODUCED BY HANNA, BISHOP, THOMAS, ROZZI, McNEILL AND
V. BROWN, JUNE 5, 2015
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 5, 2015
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," providing for prohibition of a plastic bag ban,
fee, surcharge or tax.
Establishing the Plastic Bag Recycling Advisory Board and
providing for a study and report.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971, is amended by adding an article to
read:
ARTICLE XXIX-G
PROHIBITION OF A PLASTIC BAG BAN, FEE, SURCHARGE OR TAX
Section 2901-G. Scope.
This article prohibits the imposition of a ban, fee,
surcharge or tax on the provision of plastic bags at the point
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of sale of consumer goods in this Commonwealth.
Section 2902-G. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"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.
"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 that is provided to the purchaser by the
retail establishment at the point of sale. The term does not
include:
(1) A reusable bag or pouch specifically designed for
multiple uses and that is made of cloth, fabric or durable
plastic of at least 2.25 mils.
(2) A bag or pouch to carry or bundle produce for
delivery to the point of sale at a retail establishment.
(3) A bag or pouch made of compostable materials that
meets the American Society for Testing and Materials (ASTM)
D6400 standard for composite plastic.
"Retail establishment." An establishment that sells or
offers to sell consumer goods to the public at retail.
Section 2903-G. Prohibition on the imposition of a plastic bag
ban, fee, surcharge or tax.
On and after the effective date of this article, it is
prohibited to impose a tax, surcharge, ban or fee on a plastic
bag supplied by a retail establishment to a purchaser of
consumer goods at the point of sale in this Commonwealth.
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Section 2904-G. Regulations.
The department shall promulgate rules and regulations
necessary to administer and enforce this article.
Section 2. This act shall take effect in 60 days.
Section 1. Short title.
This act shall be known and may be cited as the Plastic Bag
Recycling Advisory Board Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in the section unless the
context clearly indicates otherwise:
"Board." The Plastic Bag Recycling Advisory Board
established under section 3.
"Department." The Department of Environmental Protection of
the Commonwealth.
"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 that is provided to the consumer by the retail
establishment at the point of sale. The term does not include:
(1) A reusable bag or pouch specifically designed for
multiple use and that is made of cloth, fabric or durable
plastic of at least 2.25 mils.
(2) A bag or pouch to carry or bundle produce for
delivery to the point of sale at a retail establishment.
(3) A bag or pouch made of compostable material that
meets the American Society for Testing and Materials (ASTM)
D6400 standard for compostable plastic.
"Retail establishment." An establishment that sells or
offers to sell consumer goods to the public at retail.
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"Single-use bag." A bag or pouch that is designed and
intended to be used for the carrying of goods purchased at a
retail establishment and that is provided to the purchaser by
the retail establishment at the point of sale. The term does not
include:
(1) A reusable bag or pouch specifically designed for
multiple uses and is made of cloth, fabric or durable plastic
of at least 2.25 mils.
(2) A bag or pouch to carry or bundle produce for
delivery to the point of sale at a retail establishment.
Section 3. Plastic Bag Recycling Advisory Board.
(a) Establishment.--A Plastic Bag Recycling Advisory Board
is established.
(b) Composition.--The board shall consist of, but need not be
limited to, the following individuals:
(1) The Secretary of the Department of Environmental
Protection or a designee.
(2) The Secretary of the Department of Agriculture or a
designee.
(3) A representative of retail establishments
recommended by the Pennsylvania Retailers' Association.
(4) A representative of retail establishments
recommended by the Pennsylvania Food Merchants Association.
(5) A representative of the waste disposal industry
recommended by the Pennsylvania Waste Industries Association.
(6) A representative of the waste disposal industry
recommended by the Pennsylvania Independent Waste Haulers
Association.
(7) A representative of plastic bag manufacturers
recommended by a leading manufacturer of plastic retail bags
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in this Commonwealth.
(8) A representative of environmental organizations
recommended by an organization whose mission is to empower
Pennsylvanians to keep communities in this Commonwealth clean
and pollution free.
(9) A representative of the Professional Recyclers of
Pennsylvania.
(10) A representative of Keep Pennsylvania Beautiful.
(11) A representative of Pennsylvania Recycling Markets
Center.
(c) Chairperson.--The members of the board shall elect the
chairperson from among its members.
(d) Meetings.--The board shall meet not less than
triannually in person or by teleconference or video conference
upon the call of the chairperson.
(e) Compensation.--Members of the board shall not be
compensated for their services, but actual and necessary
expenses incurred in the performance of their duties shall be
reimbursed by the department.
(f) Study and report.--The board, in consultation with
national, State and local organizations, agencies and
researchers shall examine plastic bag pollution, production,
disposal and the levels of plastic bag waste management in this
Commonwealth. The board shall:
(1) Examine and make recommendations regarding existing
plastic bag recycling efforts, programs and policies
implemented in this Commonwealth.
(2) Develop a regulatory scheme that provides for
environmental oversight and enforcement specifically
applicable to the production, manufacture and disposal of
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plastic bags in this Commonwealth.
(3) Ensure that its study addresses the need to preserve
the plastic bag disposal and recycling industries.
(4) Examine the environmental and economic benefits of
durable bags to single-use bags.
(5) Examine ways to increase the recycled content of
single-use bags.
(6) Issue a report of its findings and recommendations
under paragraph (1) to the General Assembly within two years
of the effective date of this section.
(g) Duties of board.--The board shall have the following
duties:
(1) To assist the department and the Department of
Agriculture by providing written comments on departmental
policy that will or could impact plastic bag recycling in
this Commonwealth.
(2) To review and comment on the formulation and
drafting of all legislation related to a ban, fee, tax or
surcharge on plastic bags in this Commonwealth.
(3) To provide institutional support for the plastic bag
recycling industry of this Commonwealth by ensuring effective
cooperation and communication between the plastic bag
recycling industry, governmental agencies and academic,
environmental and research communities.
(4) To recommend appropriate measures relating to the
promotion of plastic bag recycling in this Commonwealth.
(5) To develop a plan to increase public awareness
related to plastic bag recycling programs in this
Commonwealth.
(6) To develop a joint working group with the department
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and the Department of Agriculture to explore and develop
economically viable plastic bag disposal and recycling
options.
(h) Administrative support.--The department shall provide
administrative support, office space and any other technical
assistance required by the board to carry out its duties under
this act.
Section 4. Effective date.
This act shall take effect immediately.
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