CSHB 81(CRA): "An Act prohibiting disposable plastic shopping bags; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 81(CRA)                                                                     
01 "An Act prohibiting disposable plastic shopping bags; and providing for an effective                                    
02 date."                                                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 46.06 is amended by adding a new section to read:                                                  
05 Sec. 46.06.145. Shopping bags. (a) Except as provided in (b) of this section, a                                       
06 retail seller of goods or services may not provide a disposable plastic shopping bag to                                 
07 a purchaser to carry away or protect goods purchased from, or serviced by, the retail                                   
08       seller.                                                                                                           
09            (b)  The prohibition established in (a) of this section does not apply to a                                  
10       disposable plastic shopping bag that is                                                                           
11                 (1)  used only to contain a product that does not have other packaging,                                 
12       including bulk grains, fruit, nuts, vegetables, meat, candy, bakery goods, prepared                               
13       foods, or other food products or small hardware items;                                                            
14                 (2)  used only to contain ice;                                                                          
01                 (3)  used only to contain or wrap flowers;                                                              
02                 (4)  provided by a pharmacist for the sole purpose of containing                                        
03       prescription drugs;                                                                                               
04                 (5)  used only to package an unconsumed portion of a bottle of wine in                                  
05       compliance with AS 04.16.120;                                                                                     
06                 (6)  used only to contain a newspaper;                                                                  
07                 (7)  sold in packages containing multiple bags intended for use as                                      
08       garbage, pet waste, or yard waste bags; or                                                                        
09                 (8)  a reusable bag.                                                                                    
10 (c)  The department may assess an administrative fine against a retail seller that                                      
11 violates (a) of this section. An administrative fine under this subsection may not                                      
12       exceed                                                                                                            
13                 (1)  $250 for a first violation;                                                                        
14                 (2)  $500 for a second violation within one year; and                                                   
15                 (3)  $750 for each violation after a second violation within one year.                                  
16            (d)  In this section,                                                                                        
17 (1)  "disposable plastic shopping bag" means a bag made exclusively or                                                  
18       partially of plastic, other than a reusable bag;                                                                  
19 (2)  "retail seller" includes a market, grocery store, convenience store,                                               
20       drug store, or other retail establishment that                                                                    
21                      (A)  sells goods to consumers; and                                                                 
22                      (B)  is located in a permanent building;                                                           
23                 (3)  "reusable bag" means a bag that                                                                    
24 (A)  is designed and manufactured to withstand repeated use                                                             
25            over time;                                                                                                   
26 (B)  is machine washable or is made from material that can be                                                           
27            cleaned and disinfected regularly;                                                                           
28 (C)  if it is made from plastic, is made with plastic that is at                                                        
29            least four mils thick; and                                                                                   
30                      (D)  is designed to have a minimum lifetime of 75 uses.                                            
31    * Sec. 2. This Act takes effect January 1, 2021.