REFERENCE TITLE: single-use plastics; recyclables; fee

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

HB 2833

Introduced by

Representatives Tsosie: Blackwater-Nygren, Cano

AN ACT

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. Title 49, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 49-775, to read:

START_STATUTE49-775. Single-use plastics; recyclables; fee

A. A person that sells at retail groceries, food or beverages for use or consumption offsite may sell or use single-use disposable cups, single-use disposable straws, single-use bags, 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 bag, 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 pursuant to subsection A of this section 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. 

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 and for pollution remediation, including remediation of pollution from the production or use of uranium.

3. The remaining portion of each fee collected shall be transferred for DEPOSIT in the state general fund. END_STATUTE