SB 244

This bill would prohibit local governing bodies from banning the use of plastic grocery bags

Relating to local governments and containers used by retailers to convey items to purchasers; to prevent municipal and county governments from adopting or enforcing an ordinance that regulates the use, disposition, or sale of, or prohibits, restricts, or imposes any fee, charge, or tax on certain auxiliary containers; and to provide exceptions.

Section 1

As used in this act, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) AUXILIARY CONTAINER. A bag, cup, bottle, device, or other packaging, whether reusable or single-use, that meets both of the following requirements: a. Is made of cloth, paper, plastic, foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or any similar material or substrates, including coated, laminated, or multilayer substrates. b. Is designed for transporting, consuming, or protecting merchandise, food, or beverages from or at a food service, manufacturing, distribution, processing, or retail facility. (2) LOCAL UNIT OF GOVERNMENT. A county, municipality, local taxing entity, or any local political subdivision thereof.

Section 2

Subject to Section 3, a local unit of government shall not adopt or enforce an ordinance that does any of the following: (1) Regulates the use, disposition, or sale of auxiliary containers. (2) Prohibits or restricts auxiliary containers. (3) Imposes a fee, charge, or tax on auxiliary containers, or additional sales tax to consumers.

Section 3

(a) Section 2 shall not be construed to prohibit or restrict any of the following: (1) A curbside recycling program. (2) A designated residential or commercial recycling location. (3) A commercial recycling program. (b) Section 2 does not apply to any of the following: (1) An ordinance that prohibits littering. (2) The use of auxiliary containers on property owned by a local unit of government.

Section 4

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.