Arizona 2025 Regular Session

Arizona House Bill HB2802 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: checkout bags; penalty; enforcement; reporting State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2802 Introduced by Representatives Connolly: Aguilar, Crews, Liguori, Mrquez, Simacek 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 1, article 1, Arizona Revised Statutes, by adding section 49-119; relating to auxiliary containers. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: checkout bags; penalty; enforcement; reporting
10	10	State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
11	11	HB 2802
12	12	Introduced by Representatives Connolly: Aguilar, Crews, Liguori, Mrquez, Simacek
13	13
14	14	REFERENCE TITLE: checkout bags; penalty; enforcement; reporting
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-seventh Legislature
29	29
30	30	First Regular Session
31	31
32	32	2025
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2802
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representatives Connolly: Aguilar, Crews, Liguori, Mrquez, Simacek
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	repealing sections 9-500.38 and 11-269.16, Arizona Revised Statutes; amending section 44-1648, Arizona Revised Statutes; amending title 49, chapter 1, article 1, Arizona Revised Statutes, by adding section 49-119; relating to auxiliary containers.
69	69
70	70
71	71
72	72	(TEXT OF BILL BEGINS ON NEXT PAGE)
73	73
74	74
75	75
76	76	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 Repeal Sections 9-500.38 and 11-269.16, Arizona Revised Statutes, are repealed.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 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. END_STATUTE Sec. 3. Title 49, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 49-119, to read: START_STATUTE49-119. Checkout bags; civil penalty; enforcement; definitions A. a retail establishment may not provide Single-use checkout bags to any customers. b. a RETAIL ESTABLISHMENT that charges $.05 or more per bag may provide the following type of bags to customers: 1. Reusable fabric checkout bags. 2. recycled paper checkout bags. 3. reusable plastic checkout bags. C. Notwithstanding subsection b of this section, a retail ESTABLISHment may: 1. provide a reusable fabric checkout bag free of charge PURSUANT to a PROMOTION not more than twelve days per CALENDAR year. 2. Provide a Recycled paper checkout bag or reusable plastic checkout bag to a customer at no cost if the customer presents either of the following to the RETAIL establishment: (a) a voucher issued PURSUANT to the arizona special supplemental food program fund for women, infants and children established by section 46-331. (b) an ELECTRONIC benefit TRANSFER card issued by the department of economic security. D. A RETAIL ESTABLISHMENT subject to this section shall report both of the following to the director: 1. The total amount of fees collected PURSUANT to this section. 2. The number of each type of bag sold or given away PURSUANT to this section. E. After a hearing, the department may impose a civil penalty of not more than $250 against a person that violates this section. Each day a person commits a violation constitutes a separate offense. F. A city, town or county may: 1. adopt, amend or enforce an ordinance or regulation to impose a penalty other than the civil PENALTY provided by SUBSECTION E of this section. A retail establishment may be subject to a penalty imposed PURSUANT TO EITHER the ordinance or REGULATION or subsection E of this section, but not both. 2. adopt, amend or enforce an ordinance or regulation to require a retail establishment to charge a fee of more than $.05 per bag. G. For the purposes of this section: 1. "recycled paper checkout bag" means a paper bag that contains at least forty percent post-consumer recycled fiber. 2. "retail establishment" means a store that sells or offers for sale goods and that is not a restaurant. 3. "reusable fabric checkout bag" means a bag with handles that is specifically designed and manufactured for multiple reuses and is made of cloth or other machine-washable fabric. 4. "REUSABLE PLASTIC checkout bag" means a bag with handles that is SPECIFICALLY designed and manufactured for multiple reuses and is made of durable plastic that is at least four mil thick. 5. "single-use checkout bag": (a) means a bag made of paper, plastic or any other material that is provided by a retail establishment to a customer at the time of checkout. (b) Does not include: (i) a recycled paper checkout bag, a reusable fabric checkout bag or a reusable plastic checkout bag. (ii) a bag used to Package bulk items, such as fruit, vegetables, nuts, grains, greeting cards or small hardware items. (iii) a bag that Contains or wraps frozen food, meat, fish, flowers, potted plants or another item for the purpose of addressing dampness or sanitation. (iv) a bag that Contains unwrapped prepared food or a bakery good. (v) a bag that Contains a prescription drug. (vi) A newspaper bag, door hanger bag, garment bag, laundry bag or dry cleaning bag. (vii) a bag that is sold in a package containing MULTIPLE bags for uses, such as food storage, garbage containment or pet waste collection. END_STATUTE Sec. 4. Department of environmental quality; checkout bags; report; delayed repeal A. On or before December 31, 2032, the department of environmental quality shall submit a report on the impacts of this act to the governor, the president of the senate, the speaker of the house of representatives and provide a copy of this report to the secretary of state. B. The report shall include both of the following: 1. The total amount of monies collected by regulated entities pursuant to this act. 2. Customers' usage rates of each type of allowable bag. C. This section is repealed from and after December 31, 2033. Sec. 5. Effective date This act is effective from and after December 31, 2028.
77	77
78	78	Be it enacted by the Legislature of the State of Arizona:
79	79
80	80	Section 1. Repeal
81	81
82	82	Sections 9-500.38 and 11-269.16, Arizona Revised Statutes, are repealed.
83	83
84	84	Sec. 2. Section 44-1648, Arizona Revised Statutes, is amended to read:
85	85
86	86	START_STATUTE44-1648. Preemption; power of local authorities; city, town or county licensing system
87	87
88	88	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.
89	89
90	90	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.
91	91
92	92	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
93	93
94	94	Sec. 3. Title 49, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 49-119, to read:
95	95
96	96	START_STATUTE49-119. Checkout bags; civil penalty; enforcement; definitions
97	97
98	98	A. a retail establishment may not provide Single-use checkout bags to any customers.
99	99
100	100	b. a RETAIL ESTABLISHMENT that charges $.05 or more per bag may provide the following type of bags to customers:
101	101
102	102	1. Reusable fabric checkout bags.
103	103
104	104	2. recycled paper checkout bags.
105	105
106	106	3. reusable plastic checkout bags.
107	107
108	108	C. Notwithstanding subsection b of this section, a retail ESTABLISHment may:
109	109
110	110	1. provide a reusable fabric checkout bag free of charge PURSUANT to a PROMOTION not more than twelve days per CALENDAR year.
111	111
112	112	2. Provide a Recycled paper checkout bag or reusable plastic checkout bag to a customer at no cost if the customer presents either of the following to the RETAIL establishment:
113	113
114	114	(a) a voucher issued PURSUANT to the arizona special supplemental food program fund for women, infants and children established by section 46-331.
115	115
116	116	(b) an ELECTRONIC benefit TRANSFER card issued by the department of economic security.
117	117
118	118	D. A RETAIL ESTABLISHMENT subject to this section shall report both of the following to the director:
119	119
120	120	1. The total amount of fees collected PURSUANT to this section.
121	121
122	122	2. The number of each type of bag sold or given away PURSUANT to this section.
123	123
124	124	E. After a hearing, the department may impose a civil penalty of not more than $250 against a person that violates this section. Each day a person commits a violation constitutes a separate offense.
125	125
126	126	F. A city, town or county may:
127	127
128	128	1. adopt, amend or enforce an ordinance or regulation to impose a penalty other than the civil PENALTY provided by SUBSECTION E of this section. A retail establishment may be subject to a penalty imposed PURSUANT TO EITHER the ordinance or REGULATION or subsection E of this section, but not both.
129	129
130	130	2. adopt, amend or enforce an ordinance or regulation to require a retail establishment to charge a fee of more than $.05 per bag.
131	131
132	132	G. For the purposes of this section:
133	133
134	134	1. "recycled paper checkout bag" means a paper bag that contains at least forty percent post-consumer recycled fiber.
135	135
136	136	2. "retail establishment" means a store that sells or offers for sale goods and that is not a restaurant.
137	137
138	138	3. "reusable fabric checkout bag" means a bag with handles that is specifically designed and manufactured for multiple reuses and is made of cloth or other machine-washable fabric.
139	139
140	140	4. "REUSABLE PLASTIC checkout bag" means a bag with handles that is SPECIFICALLY designed and manufactured for multiple reuses and is made of durable plastic that is at least four mil thick.
141	141
142	142	5. "single-use checkout bag":
143	143
144	144	(a) means a bag made of paper, plastic or any other material that is provided by a retail establishment to a customer at the time of checkout.
145	145
146	146	(b) Does not include:
147	147
148	148	(i) a recycled paper checkout bag, a reusable fabric checkout bag or a reusable plastic checkout bag.
149	149
150	150	(ii) a bag used to Package bulk items, such as fruit, vegetables, nuts, grains, greeting cards or small hardware items.
151	151
152	152	(iii) a bag that Contains or wraps frozen food, meat, fish, flowers, potted plants or another item for the purpose of addressing dampness or sanitation.
153	153
154	154	(iv) a bag that Contains unwrapped prepared food or a bakery good.
155	155
156	156	(v) a bag that Contains a prescription drug.
157	157
158	158	(vi) A newspaper bag, door hanger bag, garment bag, laundry bag or dry cleaning bag.
159	159
160	160	(vii) a bag that is sold in a package containing MULTIPLE bags for uses, such as food storage, garbage containment or pet waste collection. END_STATUTE
161	161
162	162	Sec. 4. Department of environmental quality; checkout bags; report; delayed repeal
163	163
164	164	A. On or before December 31, 2032, the department of environmental quality shall submit a report on the impacts of this act to the governor, the president of the senate, the speaker of the house of representatives and provide a copy of this report to the secretary of state.
165	165
166	166	B. The report shall include both of the following:
167	167
168	168	1. The total amount of monies collected by regulated entities pursuant to this act.
169	169
170	170	2. Customers' usage rates of each type of allowable bag.
171	171
172	172	C. This section is repealed from and after December 31, 2033.
173	173
174	174	Sec. 5. Effective date
175	175
176	176	This act is effective from and after December 31, 2028.