SB 294

Abstract

Creates the Wipes Labeling Act. Presents the findings of the General Assembly. Provides that a covered entity must clearly and conspicuously label a covered product as "do not flush" in accordance with specified requirements. Provides that, upon a request by a municipality or county, a covered entity must submit to the requesting entity, within 90 days after the request, nonconfidential business information and documentation demonstrating compliance with the Act in a format that is easy to understand. Provides that municipalities and counties have the authority to enforce the Act and to collect civil penalties for violations of the Act and may impose a civil penalty in the amount of up to $2,000 for the first violation of the Act, up to $5,000 for the second violation, and up to $10,000 for the third and any subsequent violation. Provides that a municipality or county shall send a written notice of an alleged violation and a copy of the requirements of the Act to a noncompliant covered entity, which will have 90 days to become compliant. Provides that covered products required to be registered by the United States Environmental Protection Agency under the federal Insecticide, Fungicide, and Rodenticide Act must only comply with the Act on and after July 1, 2023. Limits home rule powers to regulate the labeling of covered products. Contains a severability provision. Effective July 1, 2022. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Replaces references to municipalities and counties with references to jurisdictional wastewater authorities. Replaces the labeling requirements of the introduced bill with provisions requiring that, subject to specified exceptions, a covered product manufactured on or after July 1, 2022 shall be labeled clearly and conspicuously in adherence to specified labeling requirements. Provides that a covered entity may include on a covered product words or phrases in addition to those required for label notice if the words or phrases are consistent with the purposes of the provisions. Provides that jurisdictional wastewater authorities have the concurrent and exclusive authority (rather than municipalities and counties have the authority) to enforce the Act and collect civil penalties for violations of the Act. Removes provisions regarding covered products registered with the United States Environmental Protection Agency. Defines "jurisdictional wastewater authority". Makes other changes. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Defines “high contrast” as (1) provided by either a light symbol on a solid dark background or a dark symbol on a solid light background; and (2) having at least 70% contrast between the symbol artwork and background using the formula [(B1 - B2) / B1] * 100, where B1 is the light reflectance value of the relatively lighter area and B2 is the light reflectance value of the relatively darker area.