PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Minimize the Use of Plastic Bags
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1605, as repealed and replaced by PL 1991, c. 475, §1, is repealed and the following enacted in its place:
§ 1605. Plastic bags
 
3.  Definitions.     As used in this section, the following terms have the following meanings:
 
A.  "Plastic" means an organic or petroleum derivative synthetic or semisynthetic organic solid that is moldable; and
 
B.  "Plastic bag" means a bag made from plastic designed to carry consumer goods in a retail transaction for one-time use.
 
4.  Plastic bags.     A retailer may use plastic bags to bag products at the point of retail sales only if the retailer:
 
A.  Locates inside the retailer's store or within 20 feet of the main entrance to the store a receptacle for collecting any used plastic bags;
 
B.  Ensures that the plastic bags collected are recycled or delivered to a person engaged in recycling plastics; and
 
C.  Collects a surcharge under subsection 5.
 
5.  Surcharge.     A retailer shall collect a surcharge of 10¢ from a person for each plastic bag distributed to the person at the point of retail sale. The retailer shall post a prominent sign at the point of sale regarding the surcharge required under this subsection. The retailer shall include an itemized sales receipt documenting the surcharge. A retailer shall document all surcharges collected under this subsection and on a monthly basis submit a report and remit the surcharges collected, less 2¢, which the retailer shall retain for administrative fees, to the department on a form determined by the commissioner. Surcharges remitted to the department under this subsection are credited to the Plastics Recycling Fund established in section 1605-A. The assessment of a surcharge under this section is not the sale of tangible personal property or taxable services under Title 36, section 1811.
 
6.  Paper bags; reusable bags.     A retailer may provide recyclable paper bags to bag products at the point of sale. A retailer shall provide reusable bags for purchase by a customer.
Sec. 2.  38 MRSA §1605-A  is enacted to read:
§ 1605-A. Plastics Recycling Fund
The Plastics Recycling Fund, referred to in this section as "the fund," is established within the department for the purpose of promoting recycling efforts related to plastics, including establishing a statewide or county programs to promote plastics recycling and to educate the public about plastics recycling and about the benefits of the alternate use of reusable bags and establishing other programs that carry out the purposes of the fund as determined by the commissioner. The fund is administered by the commissioner. The fund is funded from surcharges collected under section 1605, subsection 5. The money deposited with the Treasurer of State to the credit of the fund may be invested as provided by law. Interest on these investments is credited to the fund. Any unexpended money in the fund may not lapse, but must be carried forward to the next fiscal year. Money in the fund must be used for carrying out the purposes of the fund after reasonable costs for the administration of the fund are deducted.
 
SUMMARY
This bill requires a retailer to assess a 10¢ surcharge for a plastic bag designed for one-time use distributed to a customer at the point of retail sale. A retailer retains 2¢ from the surcharge for administrative costs. The revenues from the plastic bag surcharge are credited to the Plastics Recycling Fund administered by the Department of Environmental Protection for the purpose of promoting recycling efforts related to plastics. A retailer may provide recyclable paper bags to bag products at the point of sale. A retailer must provide reusable bags for purchase by a customer.