SB 243 — PLASTIC WASTE REDUCTION ACT

SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR SENATE BILL 243 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED4 BY6 Jeff8 Steinborn10 andAN PatriciaACT RoybalRELATING CaballeroTO andTHE TaraENVIRONMENT; L.

Lujan 6 8 10 AN ACT RELATING TO THE ENVIRONMENT;

"plastic" means a synthetic material made from c e s k 23 linking monomers through a chemical reaction to create a e a n b 24 polymer chain that can be molded or extruded at high heat into u [ various solid forms, including material derived from either .223930.4.225138.2 SCONC/SB 243 petroleum or a biologically based polymer, such as corn or other plant sources;

"reusable carryout bag" means a bag that is w l n d 18 designed and manufactured for multiple uses, is made of cloth = = 19 a l or other machine-washable fabric and has stitched handles;

or a a l i a e r 20 polypropylene or recycled-content polyethylene terephthalate a t m m 21 bag that has stitched handles;

and ad tr me m22 21 G.

"single-use plastic checkout bag" means a dc r e 22s k 23 carryout bag made from plastic that is provided to a customer c e sa kn 23b 24 at the point of sale for the purpose of transporting groceries, eu a[ n b 24 food or other goods and is not specifically designed and u.225138.2 [- 2 - SCONC/SB 243 manufactured for multiple reuse.

.223930.4 - 2 - SECTION 3.

(1) non-handled bags used to protect items from damaging or contaminating other purchased items placed in a recycled content paper bag, reusable carryout bagbags or recyclable cardboard box;boxes;

(2) bags provided to customers to:for:

(a) package loose items, such as fruits, e t 17 vegetables, nuts, ground coffee, grains, candies or small ew tl 17n d 18 hardware items;

w l n d 18 (b) contain or wrap frozen foods, meat = = 19 a(b) luncooked andmeat, fish,poultry flowers or pottedseafood; plants;

ora l i a e r 20 or a t m m 21 (c) containprepared dampness;takeout food with a high d r e 22 liquid content that is intended for consumption away from a c e s k 23 restaurant's or food provider's premises;

e a tn mb m24 21 (3) laundry, dry cleaning or garment bags, du r[ e 22 including bags provided by hotels to guests to contain wet or c.225138.2 e- s3 k- 23SCONC/SB 243 dirty clothing;

e a n b 24 (4) bags sold in packages containing multiple u [ bags intended for use as garbage, pet waste or yard waste;

.223930.4 - 3 - (5) bags used to contain or transport live animals, such as fish or insects sold in pet stores;

provided that this exemption shall be limited to one bag per customer;

ARestaurants countyshall not be required to accept a reusable carryout bag, recycled content paper bag or municipalityrecyclable maycardboard bybox ordinancebrought prescribein from a penaltycustomer for athe violationtransport of thefood provisionsfor ofconsumption thisaway section;from the food provider's premises.

provided that if a county or municipality does not prescribe a penalty, the department of environment may assess a penalty in an amount not to exceed twenty-five dollars ($25.00) per day of violation.

TheA departmentcounty ofor environmentmunicipality shallmay promulgateby ordinance w l n d 18 rulesprescribe a penalty for thea implementationviolation of the provisions of thethis Plastic = = 19 asection; l Waste Reduction Act.

provided that if a county or municipality does not a l i a e r 20 SECTIONprescribe 4.a penalty, the department of environment may assess a a t m m 21 penalty in an amount not to exceed twenty-five dollars ($25.00) d r e 22 per day of violation.

EFFECTIVEc DATE.--Thee effectives datek of23 theE. a t m m 21 provisions of this act is January 1, 2024.

dThe rdepartment of environment shall promulgate e 22a -n 4b -24 crules efor sthe kimplementation 23of ethe aprovisions nof bthe 24Plastic u [ .223930.4Waste Reduction Act.

.225138.2 - 4 - SCONC/SB 243 SECTION 4.

EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2024.

- 5 - 5 7 9 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225138.2