SLS 14RS-485 ORIGINAL Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 SENATE BILL NO. 408 BY SENATOR WALSWORTH ENVIRONMENTAL CONTROL. Establishes a recycling program in certain stores for plastic carryout bags. (2/3-CA7s2.1(A)) (8/1/14) AN ACT1 To enact R.S. 30:2563(4) and 2567, relative to environmental regulatory innovations2 programs; to require certain stores that use plastic carryout bags in the sale of goods3 to establish a recycling program; to allow customers to return plastic carryout bags4 to stores for recycling; to provide for penalties, terms, and conditions; and to provide5 for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 30:2563(4) and 2567 are hereby enacted to read as follows:8 §2563. Definitions9 As used in this Chapter, the following terms shall have the meaning ascribed to them10 in this Section, unless the context clearly indicates otherwise:11 * * *12 (4) "Store" means a retail establishment offering a full line of groceries,13 meat, and produce with at least forty-five thousand square feet of retail space14 that provides plastic carryout bags to its customers in conjunction with the sale15 of goods.16 * * *17 SB NO. 408 SLS 14RS-485 ORIGINAL Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §2567. Plastic carryout bag recycling program1 A. All stores shall establish an at-store plastic carryout bag recycling2 program that provides an opportunity for a customer of the store to return3 clean plastic carryout bags to such store.4 B. All stores participating in the plastic carryout bag recycling program5 shall place a collection bin in each store that is visible and easily accessible to6 the customers.7 C. The regulation of plastic bags is preempted by this Section. No8 municipality, parish, or local government entity, shall enact ordinances, law, or9 regulations regarding plastic carryout bags that in any way affect the recycling10 of plastic carryout bags, including but not limited to bans or fees.11 D. Any store found to be in violation of this Section may be liable for a12 civil penalty to be assessed by the secretary in an amount of not more than five13 hundred dollars for a first violation, not more than one thousand dollars for a14 second violation, or not more than two thousand dollars for a third or any15 subsequent violation.16 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Heyward Jeffers. DIGEST Walsworth (SB 408) Proposed law provides for the definition of a store. Proposed law requires stores that provide plastic carryout bags to its customers to establish an at-store plastic carryout bag recycling program. Proposed law provides for the following penalties for stores failing to comply with the requirements of proposed law: $500 for the first violation, $1,000 for the second violation, or $2,000 for a third or any subsequent violation. Proposed law provides for preemption in the area of plastic carryout bags. Proposed law provides that no municipality, parish, or local governmental entity can enact ordinances, laws, or regulations regarding plastic carryout bags that in any way affect the recycling of plastic carryout bags. Effective August 1, 2014. (Adds R.S. 30:2563(4) and 2567)