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 The bill prohibits stores and retail food establishments, on and after September 1, 2022, from providing single-use plastic carryout bags to customers ; except that a retail food establishment that is a restaurant and not a store or convenience store may provide single-use plastic carryout bags . 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 The bill 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 2024 ; except that the prohibition does not apply to a high school until January 1, 2024 2025 .
Retail food establishments that purchase expanded polystyrene products before January 1, 2022, may continue to use the products until their supply is depleted ; except that a retail food establishment located in a school may continue to use the products for up to 3 months after the school is required to comply with the prohibition .
Section 2 The bill also authorizes a local government to enforce against a violation of section 2 the bill 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 ; except that a local government cannot enforce a violation committed by a retail food establishment located within a school . 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.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)