SB 22: "An Act establishing a fee for disposable plastic bags distributed by retail sellers of goods or services to purchasers to carry away or protect goods; establishing the Alaska litter and marine debris reduction and recycling fund; and providing for an effective date."
00 SENATE BILL NO. 22 01 "An Act establishing a fee for disposable plastic bags distributed by retail sellers of 02 goods or services to purchasers 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 purchaser 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 retail seller with a 06 certificate of 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. The retail seller shall state 09 the fees separately on any sales receipt, invoice, or other record of the sale or other 10 transfer of 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 with the department a return 13 on a form prescribed by the department and shall file the return and remit the fees not 14 later than 30 days after the last day of the calendar quarter of the sale for the fees 15 collected during the previous calendar quarter. 16 (e) A retail seller subject to this section shall keep a record of the number of 17 disposable bags and exempt bags the retail seller has purchased, been provided with, 18 or otherwise acquired, and a record of the amount paid on disposable bags subject to 19 this section that are provided to, or sold to, retail consumers on a quarterly basis. The 20 retail seller shall keep these records in the manner as prescribed under AS 43.99.010. 21 (f) The provisions of AS 43.05 and AS 43.10 apply to this section. 22 (g) Money collected by the department under this section shall be deposited 23 into the general fund and separately accounted for under AS 37.05.142. The annual 24 estimated balance in the account may be appropriated by the legislature to the Alaska 25 litter and marine debris reduction and recycling fund established under AS 46.06.035. 26 (h) In this section, "retail seller" means a person who, in a retail transaction, 27 sells goods, offers to sell goods, or provides services that affect goods. 28 * Sec. 2. AS 46.06 is amended by adding a new section to read: 29 Sec. 46.06.035. Alaska litter and marine debris reduction and recycling 30 fund. (a) There is established as a separate fund in the general fund the Alaska litter 31 and marine debris reduction and recycling fund. The fund consists of money
01 appropriated to the fund by the legislature. 02 (b) Money appropriated to the fund may be expended as specified in this 03 subsection without further appropriation. The department shall use the money in the 04 fund as follows: 05 (1) 50 percent of the annual estimated balance for grants under 06 AS 46.06.120 to establish and maintain local programs that provide for the reduction, 07 diversion, cleanup, disposal, and recycling of litter and marine debris, including 08 devices to prevent litter and marine debris from entering storm drain systems; grants 09 made under this paragraph may be made to municipalities and, in unincorporated 10 areas, to qualified nonprofit organizations; 11 (2) 10 percent of the annual estimated balance for grants under 12 AS 46.06.120 to nonprofit organizations for collection, coordination, and disposal of 13 litter and marine debris along state highway segments adjoining streams, rivers, 14 beaches, the ocean, and other environmentally sensitive areas; 15 (3) 10 percent of the annual estimated balance for grants under 16 AS 46.06.120 to public entities and nonprofit organizations for programs that promote 17 public awareness of, involvement in, and implementation of the abatement, cleanup, 18 disposal, and recycling of litter and marine debris in coastal land and water areas, and 19 in the ocean; 20 (4) 10 percent of the annual estimated balance for grants under 21 AS 46.06.120 for litter and marine debris cleanup programs in and around state parks, 22 historical sites, and other land maintained by the Department of Natural Resources; 23 grants under this paragraph may be provided to 24 (A) adopt-a-park programs of political subdivisions of the state; 25 (B) public entities and nonprofit organizations for programs 26 that promote public involvement in and the implementation of the abatement, 27 cleanup, disposal, and recycling of litter and marine debris in and around state 28 parks, historical sites, and other land maintained by the Department of Natural 29 Resources; 30 (5) 15 percent of the annual estimated balance to establish and conduct 31 an ongoing statewide information campaign by the department under AS 46.06.010(3)
01 to educate the public on the hazards and composition of litter and marine debris and on 02 the need to increase the recycling of disposable bags; and 03 (6) five percent of the annual estimated balance for the department to 04 pay for the administrative costs of implementing this section. 05 (c) An entity that receives money from the fund established by this section 06 shall provide information to the department that quantifies 07 (1) the amount and type of litter and marine debris removed; 08 (2) the methods of collecting, disposal, and recycling used; 09 (3) the amount of labor used, including both volunteer and paid; and 10 (4) the locations or geographic area from which litter or marine debris 11 is recovered. 12 (d) In this section, "fund" means the Alaska litter and marine debris reduction 13 and recycling fund established under (a) of this section. 14 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITION: DISPOSABLE PLASTIC BAG FEE. Notwithstanding 17 AS 43.98.035(a), enacted by sec. 1 of this Act, the fee imposed for certain disposable plastic 18 bags is 19 (1) $0.05 on and after January 1, 2010, and before January 1, 2011; 20 (2) $0.10 on and after January 1, 2011, and before January 1, 2012; and 21 (3) $0.15 on and after January 1, 2012. 22 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: REGULATIONS. The Department of Revenue and the Department of 25 Environmental Conservation may proceed to adopt regulations to implement their respective 26 responsibilities under this Act. The regulations take effect under AS 44.62 (Administrative 27 Procedure Act), but not before the effective date of the statutes being implemented by the 28 regulations. 29 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 30 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 2010.