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Legislative Year: 2021 Change
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Bill Detail: HB21-1162

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Title Management Of Plastic Products
Status Governor Signed (07/06/2021)
Bill Subjects
  • Natural Resources & Environment
  • Public Health
House Sponsors L. Cutter (D)
A. Valdez (D)
Senate Sponsors L. Garcia (D)
J. Gonzales (D)
House Committee Energy and Environment
Senate Committee State, Veterans and Military Affairs
Date Introduced 03/03/2021
Summary

Under current law, local governments are prohibited from
requiring or banning the use or sale of specific types of plastic materials
or products. Section 1 repeals the prohibition on July 1, 2023.
Section 2 prohibits stores and retail food establishments, on and
after September 1, 2022, from providing single-use plastic carryout bags
to customers. The prohibition does not apply to inventory purchased
before September 1, 2022, and used on or before March 31, 2023, which
may be supplied to a customer at the point of sale for a 10-cent fee.

Between September 1, 2021, and September 1, 2022, a store may
furnish a recycled paper carryout bag or a single-use plastic carryout bag
to a customer at the point of sale if the customer pays a fee of 10 cents per
bag or a higher fee adopted by the municipality or county in which the
store is located.
On and after September 1, 2022, a store may furnish only a
recycled paper carryout bag to a customer at the point of sale at a fee of
10 cents per bag or a higher fee imposed by the municipality or county in
which the store is located.
A store is required to remit, on a quarterly basis beginning January
1, 2022, 60% of the carryout bag fee revenues to the municipality or
county within which the store is located and may retain the remaining
40% of the carryout bag fee revenues. A municipality or county may use
its portion of the carryout bag fee revenues to pay for its administrative
and enforcement costs and any recycling, composting, or other waste
diversion programs or related outreach or education activities.
The carryout bag fee does not apply to a customer that provides
evidence to the store that the customer is a participant in a federal or state
food assistance program.
Section 2 also prohibits a retail food establishment, on and after
January 1, 2022, from distributing an expanded polystyrene product for
use as a container for ready-to-eat food in this state. The prohibition does
not apply to retail food establishments located within certain schools until
January 1, 2023; except that the prohibition does not apply to a high
school until January 1, 2024.
Retail food establishments that purchase expanded polystyrene
products before January 1, 2022, may continue to use the products until
their supply is depleted.
Section 2 also authorizes a local government to enforce against a
violation of section 2 and expressly authorizes a county to impose a civil
penalty against a store or retail food establishment of $500 for a second
violation or $1,000 for a third or subsequent violation.
On and after July 1, 2023, a local government may enact,
implement, or enforce an ordinance, resolution, rule, or charter provision
that is as stringent as or more stringent than the requirements set forth in
the bill.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (05/27/2021) (most recent)  
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