GPI State Legislation Update

Transcription

1 February 28, 2014 GPI State Legislation Update Health and Packaging Legislation Arizona Senate Bill 1376 Author: Hobbs, Introduced 2/4/2014 Summary: This bill would prohibit the manufacture, sale or distribution of any infant or child product container containing BPA. It would also prohibit the manufacture, sale or distribution of any infant formula or baby food stored in containers containing BPA and would require manufacturers to use least toxic alternative. STATUS: 2/5/2014 To Second Senate Reading Connecticut Senate Bill 316 Author: Environment Committee, Introduced 2/27/2014 Summary: This bill would January 1, 2015, provide that no person distribute, sell, offer for sale any food packaging that contains intentionally added BPA, unless such food packaging bears a label on the front of such package that in a clear, legible font of not less than twelve-point boldface type of uniform font states: "THIS PACKAGE CONTAINS BISPHENOL-A". STATUS: Referred to the Joint Committee on the Environment, Hearing Scheduled for March 7 th. Hawaii Senate Bill 384 Author: Chun, Introduced 1/18/2013 Summary: Effective July 1, 2013, this bill would prohibit the manufacture, sale, or distribution of drink and food containers for young children containing BPA or phthalates. It would also require manufacturers to use the least toxic alternatives. House Bill 396 is companion legislation, which has passed the House and is currently in the Senate for consideration. STATUS: 1/22/2014 Both bills carried over to the 2014 session Hawaii House Bill 396 Author: Mizuno, Introduced 1/22/2013 Summary: This bill would prohibit the manufacture, sale, or distribution of reusable drink and food containers intended for use by children under three and containing BPA. It would also require manufacturers to use the least toxic alternatives to BPA, effective July 1, STATUS: 1/23/2014 Passed House and Second Senate Reading (carried over to 2014 Session) Hawaii House Bill 351 Author: Lowen, Introduced 1/22/2013 1

2 Summary: This bill would prohibit the manufacture, sale, or distribution of childcare products and toys for young children that contain BPA or phthalates beginning January 1, This bill would also prohibit the use of packages and packaging containing lead, cadmium, mercury, and hexavalent chromium beginning January 1, STATUS: 1/20/2014 Carried over to 2014 session. Hawaii Senate Bill 640 is companion legislation. Hawaii Senate Bill 2573 Author: Green, Introduced 1/21/2014 Summary: This bill would prohibit the use of packages and packaging containing lead, cadmium, mercury and hexavalent chromium beginning on January 1, It would only apply to packaging where these materials have been intentionally introduced as an element during manufacturing or distribution. STATUS: 2/12/2014 Passed Second Senate Reading Referred back to Senate Committee on Consumer Protection Kentucky House Bill 147 Author: M. Marzian, Introduced 1/7/2014 Summary: This bill would prohibit the sale or production of any food or beverage container that is currently banned by the FDA. Status: 2/24/2014 Slated for House Vote New Jersey Assembly Bill 1821 Author: Lampitt, Introduced 1/16/2014 Summary: This bill would prohibit the sale of food and beverage packaging and containers made with BPA. STATUS: 1/16/ Introduced, Referred to Assembly Consumer Affairs Committee New York Assembly Bill 5978 Author: Engelbright, Introduced 3/8/2013 Summary: This bill would prohibit the sale or offering for sale of liquids, foods and beverages in containers containing BPA. It would require manufacturers of products containing BPA to use the least toxic alternative chemical compound. STATUS: 1/8/2014 Referred to the Assembly Committee on Environmental Conservation Vermont Senate Bill 239 Author: Lyons, Introduced 1/7/2014 Summary: This bill would require the Department of Health to identify and publish a list of chemicals of high concern. The bill would also require a manufacturer of a consumer product containing a chemical of high concern to notify the Commissioner of Health of the use of the chemical in the product and to replace the chemical with a safer alternative. If a manufacturer fails to replace the chemical of high concern in the consumer product or fails to obtain a waiver, the bill would prohibit the sale of that consumer product in the State. STATUS: 2/26/2014 Referred to the Committee on Economic Development, Housing and General Affairs 2

3 West Virginia House Bill 2305 Author: Maypenny, Introduced 1/9/2014 Summary: This bill would create the BPA-Free Kids Act, and would prohibit the manufacture, sale and distribution of certain food and beverage containers which contain BPA. STATUS: 1/9/2014 Referred to the House Committee on Health and Human Services Wisconsin Assembly Bill 607 Author: Taylor, Introduced 1/9/2014 Summary: This bill would prohibit the manufacture and sale of food and beverage containers that contain BPA. Food container is defined in the bill as any container in which any food or beverage intended to be enclosed for retail sale of the food or beverage. STATUS: 1/21/2014 Referred to the Committee on Consumer Protection Legislation for the Establishment of New Beverage Container Recycling Refund Programs Maryland Senate Bill 394 Author: Frosh, Introduced 1/20/2014 Summary: This bill would create a beverage container recycling refund program for the state. Specifically, it would require a beverage distributor operating within the state to register with the Department of the Environment on or before April 1, It would require a redeemable beverage container sold in-state to bear a refund value of 5 cents beginning January 15, Beverage containers included are those sold in aluminum, glass, plastic and metal. Beverages covered include beer, as well as the vast majority carbonated and non-carbonated drinks. Wine, liquor and milk are specifically excluded from program inclusion. The legislation establishes guidelines for the use of reverse vending machines (RVMs), as well as redemption centers. A portion of unredeemed deposits may be used for local environmental and recycling programs. Status: 2/20/2014 Senate Committee Hearing Held on Bill New Hampshire House Bill 1287 Author: Weed, Introduced 12/13/2013 Summary: Summary: This bill would create a beverage container recycling refund program for the state. It would establish a five-cent deposit on each included beverage container. Beverages slated for inclusion are beer, liquor, wine, spirits and any other liquid regulated or licensed by the Alcohol Beverage Control Commissioner. It would also include water, tea and coffee drinks. Dairy products and other drinks with nutritional value are exempt. Metal, glass and plastic would be the container types included in the program. The legislation provides for both redemption centers and the use of reverse vending machines (RVMs). A handling fee of 3 cents per commingled containers and 3.5 cents for separated containers returned is established within the bill. No 3

4 determination is made within the bill concerning the fate of unredeemed deposits. STATUS: 2/10/2014 Bill Failed to Meet Legislative Deadlines Washington Senate Bill 6498 Author: Chase, Introduced 1/28/2014 Summary: This bill would create a beverage container recycling refund program for the state. Beverage containers included are those sold in aluminum, glass, plastic and metal. Beverages covered include beer, as well as the vast majority carbonated and non-carbonated drinks. Wine, liquor and milk are excluded from program inclusion. The legislation establishes guidelines for the use of redemption centers. Status: 1/29/ First reading, referred to Senate Energy, Environment & Telecommunications Committee West Virginia House Bill 2347 Author: Fleishchauer, Introduced 1/9/2014 Summary: This bill would create a beverage container recycling refund program for the state. It would establish a five-cent deposit and exempt deposits from sales taxes. Included beverages include beer, liquor, wine, spirits and any other liquid regulated or licensed by the Alcohol Beverage Control Commissioner. It would also include water, tea and coffee drinks. Dairy products and other drinks with nutritional value are exempt. Metal, glass and plastic containers would be included, if containing the beverage and one gallon or less. The legislation provides for both redemption centers and the use of reverse vending machines (RVMs). A handling fee of six-cents per container would be established for redemption centers and other participating and redeeming businesses. STATUS: 1/9/2014 Referred to the House Judiciary Committee Proposed Beverage Container Recycling Refund Program Modifications California Assembly Bill 1784 Author: Quirk, Introduced 2/18/2014 Summary: This bill would prohibit a certified recycling center from accepting or paying a refund value to a consumer for more than 50 pounds of empty beverage containers submitted by that consumer to the certified recycling center during a single 24-hour period. It would also prohibit any person from paying, claiming, or receiving any refund value or other specified payments of fees for imported beverage container material, previously redeemed containers, rejected containers, line breakage, or other ineligible material, or, with intent to defraud, taking specified actions with regard to redeeming ineligible containers. STATUS: 2/27/2014 Referred to the Assembly Committee on Natural Resources California Assembly Bill 2251 Author: Yamada, Introduced 2/21/2014 Summary: This bill would require a beverage container dealer, at the time of sale of a beverage container subject to the deposit program, to separately identify the 4

5 amount of any redemption payment imposed on the beverage container and to accurately identify the amount of any redemption payment. STATUS: 2/24/2014 Introduced California Assembly Bill 1846 Author: Gordon, Introduced 2/19/2014 Summary: The California Beverage Container Recycling and Litter Reduction Act requires a distributor of specified beverage containers to pay a redemption payment to the Department of Resources Recycling and Recovery for each beverage container sold or transferred, for deposit in the California Beverage Container Recycling Fund. Existing law imposes criminal and civil penalties for specified violations of the act, and generally authorizes the department to impose a civil penalty of up to $1,000 or $5,000 for each violation. This bill would additionally authorize the Department to assess a civil penalty of up to $10,000 per transaction or 3 times the damages, plus costs, upon a person who redeems, attempts to redeem, or aids in the redemption of, otherwise ineligible beverage containers, including, but not limited to, out-of-state containers and empty beverage container materials imported from out-of-state. STATUS: 2/19/ Introduced Connecticut Senate Bill 67 Author: Environment Committee, Introduced 2/11/2014 Summary: This legislation would expand the state s beverage container recycling refund program to include juices, teas and sports drinks. STATUS: 2/24/ Scheduled for public hearing on February 28th Hawaii House Bill 1760 Author: Evans, Introduced 1/17/2014 This bill would require the lieutenant governor to establish a transition plan to transfer monies within the deposit beverage container program to the counties. It would also authorize the lieutenant governor to hire consultants to assist in developing the plan for counties to appropriate the money. STATUS: 2/4/2014 Committee on Energy and Environmental Defers the Legislation Hawaii House Bill 900 Author: Souki, Introduced 1/24/2013 Summary: This bill would require an advanced disposal fee beginning January 1, 2014, in the amount of three cents per glass container for those containing twelve ounces or less and six cents per glass container for those containing greater than twelve ounces. The glass advance disposal fee would only apply to glass containers that are not current covered by the state s container deposit refund program. STATUS: 3/22/2013 House Energy and Environmental Committee Defers the Bill. SB 1131 is companion legislation that passed the Senate and Second House Reading (both bills carried over to the 2014 session) Hawaii House Bill 902 Author: Souki, Introduced 1/24/2013 5

6 This bill would exempt any liquid deemed to be the sole item of a meal or diet from the state s container recycling refund program. STATUS: 12/18/ Status: Carried over to 2014 Regular Session Hawaii House Bill 1021 Author: Har, Introduced 1/22/2013 Summary: This bill would require the Director of Health (DOH) to set the deposit beverage container fee at one cent per container until DOH addresses all of the recommendations of the auditor pursuant to the State of Hawaii Deposit Beverage Container Deposit Special Fund Financial and Program Audit of STATUS: 2/13/2013 Passed First Reading, Energy and Environmental Protection Recommends Deferring the Legislation (carried over to 2014 session) Hawaii House Bill 1062 Author: Souki, Introduced 1/23/2013 This bill would increase the size of a deposit glass beverage container from sixtyeight to one hundred twenty-eight fluid ounces. It would also add building materials as a purpose for reuse under the glass recovery program. Additionally, this bill would add wine, spirits, and milk and other dairy-derived products to the program. STATUS: 1/12/2014 Carried over to the 2014 session Hawaii House Resolution 185 Author: Cheape, Introduced 3/13/2013 This Resolution requests the phase out of the state s beverage container recycling refund program, in favor of expansion of a statewide single stream program for recycling collection. House Concurrent Resolution 230 is a companion resolution. STATUS: Carried over to the 2014 session Hawaii Senate Bill 24 Author: Gabbard, Introduced 1/17/2013 Summary: This bill would amend the definition of "deposit beverage" to include dietary supplements that contain caffeine or carbonated water subject to the beverage container deposit refund program. STATUS: 1/121/2014 Carried over to the 2014 session Hawaii House Bill 2068 Author: Har, Introduced 1/17/2014 This bill would require the Department of Health to replenish deficits in its beverage container deposit special fund with its general fund balances. Status: 1/31/2014 Re-referred to the House Committees on Energy and Environmental Protection and Finance Hawaii Senate Bill 2666 Author: Solomon, Introduced 1/21/2014 Summary: This bill would transfer 1 cent of the deposit beverage container fee in excess of funds necessary to reimburse refund values and pay handling fees to redemption centers into the natural area reserve fund for expenditure on watershed programs. It would also authorize the Director of Health to temporarily suspend an automatic increase in the deposit beverage container fee under certain circumstances. 6

7 Status: 1/24/2014 Referred to the Senate Committees on Ways and Means, Consumer Protection and Health Iowa House File 2017 Author: Ruff, Introduced 1/23/2014 Summary: The bill would permit unapproved redemption centers to charge consumers a sorting fee of $1 per 100 empty beverage containers returned. STATUS: 1/24/2014 Referred to the House Committee on Environmental Protection Massachusetts House Bill 3848 INITIATIVE PETITION Summary: This initiative would expand the state's beverage container deposit law, also known as the Bottle Bill, to require deposits on containers for all nonalcoholic non-carbonated drinks in liquid form intended for human consumption, except beverages primarily derived from dairy products, infant formula, and FDA approved medicines. The proposed law would not cover containers made of paper-based biodegradable material and aseptic multi-material packages such as juice boxes or pouches. The proposed law would require the state Secretary of Energy and Environmental Affairs (EEA) to adjust the container deposit amount every five years to reflect (to the nearest whole cent) changes in the consumer price index, but the value could not be set below five cents. The proposed law would also increase the minimum handling fee that beverage distributors must pay dealers for each properly returned empty beverage container, which was 2 cents as of September 2013, to 3 cents. It would also increase the minimum handling fee that bottlers must pay distributors and dealers for each properly returned empty reusable beverage container, which was 1 cent as of September 2013, to 3 cents. The Secretary of EEA would review the fee amounts every five years and make appropriate adjustments to reflect changes in the consumer price index as well as changes in the costs incurred by redemption centers. The proposed law defines a redemption center as any business whose primary purpose is the redemption of beverage containers and is not ancillary to any other business. STATUS: 2/9/2014 Referred to Joint Committee on Telecommunications, Utilities and Energy, Hearing Scheduled March 6 th New York Assembly Bill 1936 Author: Engelbright, Introduced 1/9/2013 Summary: This bill would expand the state s container deposit refund program to include fruit juices, ice tea beverages, milk, wine and liquor. It would also require refillable beverage containers to be refilled and resold no less than twenty-five times. STATUS: 1/8/0214 Referred to the Assembly Committee on Environmental Conservation 7

8 New York Assembly Bill 2531 Author: Crespo, Introduced 1/8/2013 Summary: This bill would prohibit exclusive vending and minimum purchase provisions in contracts involving the lease of reverse vending machines (RVMs). STATUS: 1/8/ Referred to the Assembly Committee on Economic Development New York Assembly Bill 5816 Author: Engelbright, Introduced 3/6/2013 Summary: This legislation would add wine and liquor beverage containers to the state s container deposit refund program. It would also require that all unredeemed deposits be placed into the state s environmental protection and state park infrastructure fund. STATUS: 1/8/2014 Referred to the Assembly Committee on Natural Resources New York Assembly Bill 5817 Author: Engelbright, Introduced 3/7/2013 Summary: This legislation would direct the Commissioner of Environmental Conservation to establish rules and regulations for in-home reverse vending machines, and set up a program to provide for payment of grant to the designer of such machine. It would also require that all unredeemed deposits be placed into the state s environmental protection and state park infrastructure fund. STATUS: 1/8/2014 Referred to the Assembly Committee on Natural Resources Vermont Senate Bill 208 Author: Hartwell, Introduced 1/7/2014 Summary: This legislation would remove liquor bottles from the state s beverage container recycling refund program. STATUS: 2/25/2014 Referred to the Senate Committee on Natural Resources and Energy Hearings Being Held and Testimony Received the Weeks of February 17 th and 24th Beverage and Food Tax Legislation Hawaii House Bill 854 Author: Souki, Introduced 1/24/2013 Summary: This bill would levy a $1.28 per gallon tax on distributors for all sugarsweetened beverages, in both container and syrup form. Funds would be placed into an obesity prevention program fund. STATUS: 1/24/2013 Passed First Reading, Referred to Health, Finance and Consumer Protection and Commerce Committees Hawaii SB 1085 is companion legislation and passed its second Senate Reading on 2/15/2013 referred to Ways and Means Committee for further consideration (carried over to 2014 session) Hawaii Senate Bill 646 Author: Green, Introduced 1/8/2013 Summary: This bill would require every distributor selling sugar-sweetened beverages, syrup, or powder to pay a tax at the rate of 1 cent per teaspoon of sugar placed into bottled sugar-sweetened beverages or the equivalent amount of concentrate sold. Revenues generated from the tax would be deposited into 8

9 community health centers and trauma centers. STATUS: 12/8/2013 Rereferred to the Senate Committee on Health Hawaii Senate Bill 2693 Author: Shimabukuro, Introduced 1/21/2014 Summary: This bill would, beginning January 1, 2015, set a maximum serving size of sixteen fluid ounces for sugar-sweetened beverages in sealed and unsealed containers provided by food establishments. It would also prohibit the sale of sugar-sweetened beverages as part of children's meals and impose a civil penalty of $50 per violation. STATUS: 1/25/2014 Introduced, Referred to Health, Finance and Consumer Protection Committees Mississippi Senate Bill 2126 Author: Fillingane, Introduced 1/10/2014 Summary: This bill would create an ABC capital fund within the state, paid into by each individual approved for an ABC permit. The money deposited into the Fund would be used to help cover administrative costs for the state ABC. STATUS: 2/4/2014- Legislation Died In Committee General Recycling Legislation Hawaii House Bill 2084 Author: Harr, Introduced 1/21/2014 Summary: This legislation would establish a pilot program for recycling products that are not easily recycled in Hawaii. Types of recyclable materials identified for program inclusion are plastics #3-#7, as well as batteries and ink toner cartridges. Money to run the program would be appropriated from the General Fund, and the legislation specifically calls for private company donations to assist the pilots established. STATUS: 1/24/2014 Referred to the House Committees on Finance and Energy and Environmental Protection Rhode Island House Bill 7033 Author: Walsh, Introduced 2/4/2014 Summary: This bill would create a food residuals recycling program to establish a method to dispose of food residuals. It would require, beginning in 2019, that, with the exception of a de minimis amount, any producer with 52 tons or more per year of food waste, located within 20 miles of an organic recycling plant, separate and send for compost food waste. STATUS: 2/6/2014 Scheduled for consideration in the House Environment and Natural Resources Committee Meeting Subsequently Postponed Rhode Island Senate Bill 2190 Author: Lombardo, Introduced 2/1/2014 Summary: This bill would prohibit the disposal of any recyclable materials and/or recyclable waste in the central landfill per, rules or regulations promulgated by the Rhode Island Resource Recovery Corporation. Status: 2/1/ Introduced, referred to Senate Environment and Agriculture - 01/30/2014 Tennessee Senate Bill 1917 Author: Southerland, Introduced 1/17/2014 9

10 Summary: This bill would increase the recycling goal for municipal solid waste regions from the current 25 percent to 50 percent in TN House Bill 1898 is companion legislation. STATUS: 2/4/014 Received Initial Subcommittee Assignment in Natural Resources Committee Virginia House Joint Resolution 28 Author: Marshall, Introduced 12/23/2013 Summary: This resolution would require that the Manufacturing Development Commission study the economic and environmental benefits of the use of recycled material in the manufacturing process in Virginia. In addition, the Manufacturing Development Commission (Commission) would be required to make recommendations on ways to enhance the market for recycled material to the benefit of Virginia manufacturers and suppliers, absent any adverse financial burdens for Virginia's retailers or consumers. The Manufacturing Development Commission would need to complete its meetings by November 30, 2014, and the chairman would need to submit findings to the Division of Legislative Automated Systems no later than the first day of the 2015 Regular Session of the General Assembly. STATUS: 2/25/2014 Passed House, to Senate Committee on Rules, Passed Senate Via Voice Vote Vermont Senate Bill 312 Author: Lyons, Introduced 1/8/2014 Summary: This legislation establishes principles that all extended producer responsibility programs enacted on or after July 1, 2014 shall be required to comply with in the State of Vermont. It establishes the base structures for Producer Responsibility Organizations (PROs), fee assessments on impacted products and government oversight, among other structural applications. STATUS: 1/8/2014 Referred to the Senate Committee on Natural Resources and Energy Vermont House Bill 641 Author: Klein, Introduced 1/21/2014 Summary: This bill would prohibit the landfilling and require source separation and recycling of aseptic packaging. It would allow for grants to municipalities for recycling programs that include aseptic packaging, however eligible recipients must include educational plans to promote recycling, among other requirements,. STATUS: 1/21/ Referred to the Committee on Natural Resources and Energy West Virginia Senate Bill 229 Author: Jenkins, Introduced 1/8/2014 Summary: This bill would provide tax credit for fees paid for recycling residential household waste. The tax credit amount is not to exceed $600 in one year. STATUS: 1/8/2014 Referred to the Senate Committee on Natural Resources 10

11 Licensing and Permitting Legislation for Alcoholic Beverages Hawaii House Bill 2484 Author: McKelvey, Introduced 1/23/2014 This bill would remove the requirement that a class 14 brewpub licensee manufacture not more than thirty thousand barrels of malt beverages on the licensee's premises during the license year. It would also establish a new liquor license class for small craft producer pubs. STATUS: 2/28/2014 House Committee on Consumer Protection and Commerce Passes the Legislation, Legislation Passed Third House Reading To Senate for Consideration Tennessee Senate Bill 837 Author: Ketron, Introduced 1/3/2013 Summary: This bill would allow cities and counties to hold a referendum to authorize selling wine at retail food stores and create a permit to sell wine at retail food stores. House Bill 610 is companion legislation. STATUS: 2/27/2014 Passed Senate Scheduled for House Vote Miscellaneous Legislation California Senate Bill 923 Author: Pavely, Introduced 1/30/2014 Summary: This bill would enact the Educational Apprenticeship Innovation Act, which would award competitive grants to school districts, county offices of education, charter schools, and community college campuses for purposes of promoting apprenticeships, pre-apprenticeships, and career pathways among local educational agencies, institutions of higher education, and businesses of importance to local economies. STATUS: 2/6/2014 Referred to Assembly Committee on Education Hawaii Senate Bill 2931 Author: Gabbard, Introduced 1/23/2014 Summary: This bill would revise the glass advance disposal fee, which is paid by the importer of record. Beginning January 1, 2015, the fee structure would be adjusted as follows: 1 cent per glass container for glass containers with interior volumes of less than eight fluid ounces. 3 cents per glass container for glass containers with interior volumes of at least eight fluid ounces but not more than twenty-four fluid ounces. 5 cents per glass container for glass containers with interior volumes greater than twenty-four fluid ounces. STATUS: 2/4/2014 Passed Second Senate Reading, to Senate Ways and Means Committee 11