Plastic Bag Penalties Pick up Momentum in U.S. State Legislatures

The number of bans and fees on single use plastic bags used primarily at grocery stores increased significantly in U.S. states, especially in recent years. As a result, the National Conference of State Legislators (Washington, D.C., USA) has now, for the first time, published a complete list of legislation to date covering all fees, taxes, bans, as well as specific requirements for recycling and reuse that have been determined by each state legislature across the nation. 

As explained in a recent report on ‘green’ packaging products (detailed earlier this month in the market section of OTW), these new regulations and demand for environmental sustainability through biodegradability are expected to challenge the plastics industry while creating opportunity for the recycled paper packaging industry, giving paper producers a significant advantage for at least until the market arrival of more advanced bio-based polymers able to be affordably produced.   

In August 2014, California became the first U.S. state legislature to enact legislation imposing a statewide ban on single-use plastic bags at large retail stores. Gov. Jerry Brown signed the bill into law on September 30. The ban has been in effect in the largest state in the union since July 1.

In addition to California, a de facto statewide ban exists in Hawaii as all of the most populous counties in the state prohibit non-biodegradable plastic bags at checkout, as well as paper bags if they are found to contain less than 40% recycled material. Bans in Kauai, Maui and Hawaii counties took effect between 2011 and 2013. Retailers in Honolulu County had until July 1, 2015, to make the change.

In 2009, the District of Columbia enacted a law to ban the distribution of disposable, non-recyclable plastic carry-out bags.

In 2009, North Carolina banned plastic bags for the Outer Banks region, a chain of barrier islands off its coast. However, in 2011, the state passed legislation to temporarily suspend that ban due to a tornado that hit Dunn, North Carolina, which is the major distribution center for paper bags in the area. The ban has yet to be restored. North Carolina has spent more than five years so far implementing serious efforts to reduce plastic and non-recycled paper bag use on the state’s outer banks (a sea turtle nesting area). A retailer in the area is now subject to G.S. 130A-309.102 which states the store shall display a sign in a location viewable by customers containing the following notice: "[county name] County discourages the use of single-use plastic and paper bags to protect our environment from excess litter and greenhouse gases. We would appreciate our customers using reusable bags, but if you are not able to, a 100% recycled paper bag will be furnished for your use." This law was enacted on June 24, 2009.

Maine has one of the oldest anti-plastic bag laws passed by a legislature, dating back to 1991, although it is not the same as the first outright statewide ban that made national news out of California this past year. In Maine, retailers may still offer plastic single use bags, but only if there is a receptacle to collect used plastic bags within twenty feet of the entrance. Furthermore, all the plastic bags collected are required to then be recycled, not sent to landfill.

Rhode Island passed a law that became effective in 2008 designed to decrease use of plastic bags. This legislation promotes the use of paper bags by retailers. Retail establishments must offer the use of a paper bag to the consumer. Every retail establishment that still chooses to provide customers with plastic bags must provide conveniently located receptacles where customers can return their clean and dry plastic bags to be recycled. Failure to comply with these laws is punishable with fines up to $500.

New Jersey first worked to pass an anti-plastic bag law in 2014. The law remains pending. The legislative backing to enact this type of law has been a focus of the 2015 session. Often times, drafts of new state laws require several cycles before a final version is settled upon. The original bill’s timeframe requires stores to impose a $0.05 fee for each disposable carryout bag offered at the point of sale. The store would retain $0.01 and remit the remaining $0.04 to the Department of Environmental Protection for programs to improve water quality. Allows stores to establish a voluntary carryout bag credit program, where a customer would receive a $0.05 credit for each bag provided. These provisions would apply to convenience stores, bakeries, drugstores, supermarkets, liquor stores and restaurants. Beginning in 2015, stores would’ve been prohibited from providing a disposable (petrol-plastic) carryout bag unless the carryout bag is recyclable (paper-based).

Although not a formal U.S. state, the U.S. territory of Puerto Rico introduced a bill in 2013 that would’ve prohibited the use, manufacture, importation, distribution, and sale of disposable plastic bags starting at the beginning of this year, except if they are manufactured to be biodegradable. The bill still has considerable support and sponsorship across the government of Puerto Rico, but it has still not been voted on to officially become law. However, the issues of sustainability, environmental conservation, and environmental protection against the long lasting litter of non-biodegradable plastics continues to be a  popular fight in the region. Ongoing discussion of the issue is expected to continue in Puerto Rico’s assembly as part of an renewed effort to sooner than later pass an acceptable yet comprehensive and effective version of anti-disposable plastic bag legislation.