AN ACT PROMOTING REUSABLE SHOPPING BAGS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2009) (a) For purposes of this section: "Retailer" has the same meaning as in subdivision (12) of subsection (a) of section 12-407 of the general statutes, but does not include a restaurant; "restaurant" means a business that has the sole purpose of selling meals for individual consumption; "customer" means an individual who is an actual purchaser of goods used primarily for personal, family or household purposes; and "bag" means a sack provided at the point of sale for the storage of purchased goods, but excludes bags used to store produce, flowers, baked goods or meat which are provided by a retailer (1) prior to the point of sale, and (2) at a location other than the point of sale, bags used to cover dry cleaned items, paper bags provided by a pharmacy for the storage of purchased pharmaceuticals or plastic bags used to envelop newspapers intended for delivery at a residence.

(b) On and after January 1, 2010, any retailer who provides a paper or plastic bag at the point of sale to a customer shall charge such customer a fee of five cents for each such bag. The retailer shall transfer the proceeds of such fee to the Commissioner of Revenue Services in accordance with the provisions of subsection (c) of this section.

(c) On or before March 31, 2010, each retailer collecting the fee as provided in this section shall submit a return to the Commissioner of Revenue Services that is applicable to the quarter commencing January 1, 2010, on a form prescribed by the commissioner, together with payment of the quarterly proceeds of the fee collected in accordance with the provisions of subsection (b) of this section. Each retailer shall submit such return and payment to the commissioner each calendar quarter thereafter, on or before the last day of the month immediately following the end of each such calendar quarter. The Commissioner of Revenue Services shall deposit any such payment in the retail bag fee receipts account established in subsection (e) of this section.

(d) Whenever the proceeds of such fee is not paid when due, a penalty of ten per cent of the amount due or fifty dollars, whichever is greater, shall be added to the amount due and such penalty shall immediately accrue, and thereafter such proceeds shall bear interest at the rate of one and one-half per cent per month until the same is paid. The Commissioner of Revenue Services shall cause copies of a form prescribed for submitting returns as required under this section to be distributed throughout the state. Failure to receive such form shall not be construed to relieve anyone subject to the provisions of this section from the obligations of submitting a return, together with payment of such proceeds within the time required.

(e) There is established an account to be known as the "retail bag fee receipts account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Department of Environmental Protection for the purposes of fulfilling the Commissioner of Environmental Protection's duties under titles 7, 22a and 23 of the general statutes.

(f) On and after January 1, 2010, no municipality shall adopt an ordinance regarding the retail use of plastic or paper bags. The provisions of this section shall not be construed to affect any such ordinance adopted prior to said date.

(g) Nothing in this section shall be construed to affect the amount of sales tax charged to the customer under chapter 219 of the general statutes.

(h) The provisions of sections 12-548 to 12-554, inclusive, of the general statutes and section 12-555a of the general statutes shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of sections 12-548 to 12-554, inclusive, of the general statutes and section 12-555a of the general statutes had been incorporated in full into this section and had expressly referred to the fee imposed under this section, except to the extent that any provision is inconsistent with a provision in this section and except that the term "tax" shall be read as "fee".

Statement of Purpose:

To encourage the use of reusable bags in retail stores by imposing a five-cent fee on plastic and paper shopping bags, with the proceeds to be used by the Department of Environmental Protection.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

H.B. 5215