CSSB 118(L&C): "An Act establishing a fee for disposable plastic bags distributed by retail sellers of goods or services to consumers to carry away or protect goods; establishing the Alaska litter and marine debris reduction and recycling fund; and providing for an effective date."
00 CS FOR SENATE BILL NO. 118(L&C) 01 "An Act establishing a fee for disposable plastic bags distributed by retail sellers of 02 goods or services to consumers to carry away or protect goods; establishing the Alaska 03 litter and marine debris reduction and recycling fund; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 43.98 is amended by adding a new section to read: 07 Sec. 43.98.035. Disposable plastic bag fees. (a) Except as provided in (b) of 08 this section, a fee of $0.15 is imposed for each disposable plastic bag, including a 09 grocery sack, dry-cleaning bag, take-out food bag, retail bag, membership or 10 wholesaler bag, and service station bag, given by a retail seller of goods or services to 11 a consumer to carry away or protect goods purchased from, or serviced by, the retail 12 seller. 13 (b) The fee established in (a) of this section does not apply to a disposable 14 plastic bag that
01 (1) is used solely to contain a product with no other packaging, 02 including bulk grains, fruit, nuts, vegetables, or other food products; 03 (2) is used only to contain ice; 04 (3) is specifically designed for at least 1,000 reuses; or 05 (4) is for resale, if the purchaser provides the seller with a certificate of 06 use on a form prescribed by the department. 07 (c) A retail seller shall add the amount of the fees imposed by this section to 08 the total price of the goods or services subject to the fees, and the fees shall be stated 09 separately on any sales receipt, invoice, or other record of the sale or other transfer of 10 the disposable bags subject to this section. 11 (d) A retail seller shall collect the fees imposed by this section from the 12 purchaser. A retail seller subject to this section shall file a return on a form prescribed 13 by the department to the department not later than 30 days after the last day of the 14 calendar quarter of the sale. 15 (e) A retail seller subject to this section shall keep a record of the number of 16 disposable bags and exempt bags the retail seller has purchased, been provided with, 17 or otherwise acquired, and a record of the amount paid on disposable bags subject to 18 this section that are provided to, or sold to, retail consumers on a quarterly basis. The 19 retail seller shall keep these records in the manner as prescribed under AS 43.99.010. 20 (f) The provisions of AS 43.05 and AS 43.10 apply to this section. 21 (g) Money collected by the department under this section shall be deposited 22 into the general fund and separately accounted for under AS 37.05.142. The annual 23 estimated balance in the account may be appropriated by the legislature to the Alaska 24 litter and marine debris reduction and recycling fund established under AS 46.06.035. 25 (h) In this section, "retail seller" means a person who, in a retail transaction, 26 sells goods, offers to sell goods, or provides services that affect goods. 27 * Sec. 2. AS 46.06 is amended by adding a new section to read: 28 Sec. 46.06.035. Alaska litter and marine debris reduction and recycling 29 fund. (a) There is established as a separate fund in the general fund the Alaska litter 30 and marine debris reduction and recycling fund, which consists of money appropriated 31 to the fund by the legislature.
01 (b) Money appropriated to the fund may be spent as specified in this section 02 without further appropriation. The department shall use the money in the fund as 03 follows: 04 (1) 50 percent of the annual estimated balance for grants under 05 AS 46.06.120 to establish and maintain local programs that provide for the reduction, 06 diversion, cleanup, disposal, and recycling of litter and marine debris, including 07 devices to prevent litter and marine debris from entering storm drain systems; grants 08 made under this paragraph may be made to municipalities, and in unincorporated 09 areas, to qualified nonprofit organizations; 10 (2) 10 percent of the annual estimated balance for grants under 11 AS 46.06.120 to nonprofit organizations for collection, coordination, and disposal of 12 litter and marine debris along state highway segments adjoining streams, rivers, 13 beaches, the ocean, and other environmentally sensitive areas; 14 (3) 10 percent of the annual estimated balance for grants under 15 AS 46.06.120 to public entities and nonprofit organizations for programs that promote 16 public awareness of, involvement in, and implementation of the abatement, cleanup, 17 disposal, and recycling of litter and marine debris in coastal land and water areas, and 18 in the ocean; 19 (4) 10 percent of the annual estimated balance for grants under 20 AS 46.06.120 for litter and marine debris cleanup programs in and around state parks, 21 historical sites, and other land maintained by the Department of Natural Resources; 22 grants under this paragraph may be provided to 23 (A) adopt-a-park programs of political subdivisions of the state; 24 (B) public entities and nonprofit organizations for programs 25 that promote public involvement in and the implementation of the abatement, 26 cleanup, disposal, and recycling of litter and marine debris in and around state 27 parks, historical sites, and other land maintained by the Department of Natural 28 Resources; 29 (5) 15 percent of the annual estimated balance to establish and conduct 30 an ongoing statewide information campaign by the department under AS 46.06.010(3) 31 to educate the public on the hazards and composition of litter and marine debris and on
01 the need to increase the recycling of disposable bags; and 02 (6) five percent of the annual estimated balance for the department to 03 pay for the administrative costs of implementing this section. 04 (c) An entity that receives money from the fund established by this section 05 shall provide information to the department that quantifies 06 (1) the amount and type of litter and marine debris removed; 07 (2) the methods of collecting, disposal, and recycling used; 08 (3) the amount of labor used, including both volunteer and paid; and 09 (4) the locations or geographic area from which litter or marine debris 10 is recovered. 11 (d) In this section, "fund" means the Alaska litter and marine debris reduction 12 and recycling fund established under (a) of this section. 13 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: DISPOSABLE PLASTIC BAG FEE. Notwithstanding AS 43.98.035, 16 enacted by sec. 1 of this Act, the fee imposed for certain disposable plastic bags is 17 (1) $0.05 on and after January 1, 2009, and before January 1, 2010; 18 (2) $0.10 on and after January 1, 2010, and before January 1, 2011; and 19 (3) $0.15 on and after January 1, 2011. 20 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION: REGULATIONS. The Department of Revenue and the Department of 23 Environmental Conservation may proceed to adopt regulations to implement this Act. The 24 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 25 effective date of the statutes being implemented by the regulations. 26 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 27 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 2009.