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REFERENCE TITLE: single use plastics; recyclables; fee |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2497 |
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Introduced by Representatives Tsosie: Andrade, Campbell, Cano, Epstein, Hernandez A, Hernandez D, Pawlik, Rodriguez, Teller, Terán, Senators Gonzales, Mendez, Peshlakai, Steele
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AN ACT
repealing sections 9-500.38 and 11-269.16, Arizona Revised Statutes; amending section 44‑1648, Arizona Revised Statutes; amending title 49, chapter 4, article 4, Arizona Revised Statutes, by adding section 49-775; relating to solid waste.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Sections 9-500.38 and 11-269.16, Arizona Revised Statutes, are repealed.
Sec. 2. Section 44-1648, Arizona Revised Statutes, is amended to read:
44-1648. Preemption; power of local authorities; city, town or county licensing system
A. The state legislature determines that the registration of scrap metal dealers is a matter of statewide concern. The power to register scrap metal dealers is preempted by this state.
B. Sections 9‑500.38 and 11‑269.16 do not affect a city's, town's or county's power to enforce laws relating to business licensing of scrap metal dealers. This article does not affect a city's, town's or county's power to enforce laws relating to business licensing. Sections 9‑500.38 and 11‑269.16 and this article do does not apply to a city's, town's or county's system for licensing a scrap metal dealer if the licensing system includes background checks or identification and fingerprinting of the owners of the scrap metal dealer.
C. A scrap metal dealer's license that is current and in good standing with a city's, town's or county's licensing system before September 13, 2013 is in compliance with that licensing system and the city, town or county may not require the scrap metal dealer to reapply for licensure in order to be in compliance with the city's, town's or county's licensing system unless there is an event or circumstance that requires an amendment or filing pursuant to the city's, town's or county's licensing system's requirements.
Sec. 3. Title 49, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 49-775, to read:
49-775. Single use plastics; prohibition; recyclables; fee
A. a person that sells at retail groceries, food or beverages for use or CONSUMPTION offsite:
1. may not provide customers with a disposable or single‑use bag that is designed primarily for use in TRANSPORTING the groceries, food or beverages away from the point of sale to the customer's control.
2. may sell or use single‑use disposable cups, single‑use disposable straws, single‑use DISPOSABLE food containers and recyclable food containers only if the person collects a fee from the customer for each single‑use disposable cup, single‑use disposable straw, single‑use disposable food container and recyclable food container.
B. The director shall ESTABLISH by rule the amount of the fee to be collected as prescribed in subsection A of this section. The fee shall be collected and transmitted by the retailer in the same manner as a transaction PRIVILEGE tax for use as follows:
1. Fifty percent of the fee collected on a recyclable food container shall be transferred to the city, town or county in which the fee is collected and a portion of that amount shall be used to pay a refund to persons who return for recycling a recyclable food container. A city, town or county that pays a refund pursuant to this paragraph shall recycle the returned item.
2. Forty percent of the fee collected on a single‑use disposable cup, single‑use disposable straw or single‑use disposable food container shall be used For payment for the costs of operating a household waste RECYCLING program for any city, town or county in which the household waste recycling program operates at a financial loss.
3. The remaining portion of each fee collected shall be TRANSFERRED for DEPOSIT in the state general fund.
C. notwithstanding any other statute, a city, town or county may enact an ordinance that is more stringent than this section.