D.C. Law 24-253. Zero Waste Plastic Products Recycling Amendment Act of 2022.

AN ACT

To amend the Sustainable Solid Waste Management Amendment Act of 2014 to require covered retail establishments to make available to consumers a receptacle to collect disposable plastic bags, plastic film, and plastic shipping products for recycling and to recycle any disposable plastic bags, plastic film, and plastic shipping products collected in the receptacle, and to authorize the Mayor to administer virtual compost training.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Zero Waste Plastic Products Recycling Amendment Act of 2022".

Sec. 2. The Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code § 8-1031.01 et seq.), is amended as follows:

(a) Section 101 (D.C. Official Code § 8-1031.01) is amended as follows:

(1) A new paragraph (5A) is added to read as follows:

"(5A) "Covered retail establishment" means:

"(A) Grocery stores; and

"(B) Large format retail.".

(2) A new paragraph (6A) is added to reads as follows:

"(6A) "Disposable plastic bags" means grocery and retail bags, newspaper bags, bread bags, dry cleaning bags, food storage bags, and produce bags made of plastic, and all plastic bags labeled #2 or #4. The term "disposable plastic bags" does not include degradable or compostable bags.".

(3) Paragraph (8C) is redesignated as paragraph (8D).

(4) A new paragraph (8C) is added to read as follows:

"(8C) "Grocery store" means a retail establishment with a primary business of selling grocery products and that has a selling area that is used for a general line of food, including perishable food, and may also include household supplies or prescription pharmacy merchandise.".

(5) Paragraphs (10B) and (10C) are redesignated as paragraphs (10C) and (10D), respectively.

(6) A new paragraph (10B) is added to read as follows:

"(10B) "Large format retail" shall have the same meaning as provided in 11-B DCMR § 100.2.".

(7) New paragraphs (10E) and (10F) are added to read as follows:

"(10E) "Plastic film" means plastic wraps or films, including wrappings for furniture, electronics, and bulk products that are made of plastic, and all plastic film products labeled #2 or #4. The term "plastic film" does not include degradable or compostable wrap or cling wrap products.

"(10F) "Plastic shipping products" means bubble wrap, air pillows, and plastic shipping envelopes.".

(b) Section 112a(f) (D.C. Official Code § 8-1031.12a(f)) is amended by adding a new paragraph (1A) to read as follows:

"(1A) Notwithstanding paragraph (1) of this subsection, the Mayor, or a contractor selected by the Mayor, may provide the training required by paragraph (1) of this subsection remotely through videoconference or pre-recorded training video.".

(c) A new section 112f is added to read as follows:

"Sec. 112f. Recycling of disposable plastic bags, plastic film, and plastic shipping products.

"(a) Beginning January 1, 2024, a covered retail establishment that offers disposable plastic bags to consumers shall:

"(1) Make available to consumers a receptacle to collect disposable plastic bags, plastic film, and plastic shipping products for recycling; and

"(2) Recycle disposable plastic bags, plastic film, and plastic shipping products collected in the receptacle.

"(b) Receptables required by this section shall be located within the covered retail establishment or within 100 feet of the covered retail establishment's main entrance, in a location that is easily accessible and clearly visible to consumers and accompanied with signage stating that the receptacle is for the collection of disposable plastic bags, plastic film, and plastic shipping products for recycling.

"(c) Nothing in this section shall be construed to require a covered retail establishment to accept disposable bags, film, or shipping products made from materials other than plastic, that are not able to be recycled, or that are soiled or wet.

"(d) On or before January 1, 2023, the Department of Public Works shall publish on its website information on where and how retail establishments may send disposable plastic bags, plastic film, and plastic shipping products to be recycled.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal

impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(l)), and publication in the District of Columbia Register.