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PRINTER'S NO. 1270
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1071
Session of
2017
INTRODUCED BY FARRY, HANNA, A. HARRIS, MILLARD, GODSHALL, BARRAR
AND GROVE, APRIL 7, 2017
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 7, 2017
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in other subjects of taxation,
prohibiting bans, fees, surcharges and taxes on recyclable
plastic bags.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 87 of Title 53 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER D
PROHIBITING BANS, FEES, SURCHARGES OR
TAXES ON RECYCLABLE PLASTIC BAGS
Sec.
8731 . Scope.
8732 . Definitions.
8733 . Prohibition.
8734 . Regulations.
§ 8731 . Scope.
This subchapter relates to actions by political subdivisions
as to recyclable plastic bags.
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§ 8732 . Definitions.
The following words and phrases when used in this subchapter
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.
"Political subdivision." A county, city, borough,
incorporated town, township, school district, vocational school
district and county institution district. The term includes a
city of the first class, county of the first class and school
district of the first class.
"Recyclable plastic bag." A bag or pouch of flexible
packaging made of thin, flexible, plastic film that:
(1) can be marketed as "recyclable" pursuant to 16 CFR
260.12 (relating to recyclable claims);
(2) is designed and intended to be used for the carrying
of goods purchased at a retail establishment; and
(3) is provided to the purchaser by a retail
establishment at the point of sale.
The term does not include a reusable bag or pouch specifically
designed for multiple uses and that is made of cloth, fabric or
durable plastic.
"Retail establishment." An establishment that sells or
offers to sell consumer goods to the public at retail.
§ 8733 . Prohibition.
On and after the effective date of this section, no political
subdivision may impose a ban, fee, surcharge or tax on a
recyclable plastic bag supplied by a retail establishment to a
purchaser of consumer goods at the point of sale in this
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Commonwealth.
§ 8734 . Regulations.
The department shall promulgate rules and regulations
necessary to administer and enforce this subchapter.
Section 2. This act shall take effect in 60 days.
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