REFERENCE TITLE: single use plastics; request; charge

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1489

Introduced by

Senators Mendez: Miranda, Sundareshan, Terán; Representative Salman

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; repealing Laws 2016, chapter 28, section 5; 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Sections 9-500.38 and 11-269.16, Arizona Revised Statutes, are repealed.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:

START_STATUTE44-1648. Preemption; power of local authorities; city, town or county licensing system

A. The state legislature determines that the registration of registering 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 identifying 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. END_STATUTE

Sec. 3. Title 49, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 49-775, to read:

START_STATUTE49-775. Single-use plastics; consumer request; fee

A person that sells retail GROCERIES, food or beverages for use or consumption off-site or on-site may provide to a customer the following items:

1. Single-use straws, cutlery, plates or drink stirrers only if specifically requested by the customer.

2. Single-use bags for use in TRANSPORTING the purchased items away from the point of sale only if specifically requested by the customer and after payment of an additional charge of $.05 per bag to the seller. END_STATUTE

Sec. 4. Repeal

Laws 2016, chapter 28, section 5 is repealed.