Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking in its entirety Section 37-77-20, SECTION 1, and inserting:
/ Section 39-77-20. As used in this
chapter, 'auxiliary container' means a bag, cup, package,
container, bottle, or other packaging that is:
(1) designed to be
either reusable or single-use;
(2) made of cloth,
paper, plastic, including foamed or expanded plastic, cardboard,
expanded polystyrene, corrugated material, aluminum, glass,
postconsumer recycled, or similar material or substrates,
including coated, laminated, or multilayer substrates; and
(3) designed for, but
not limited to, consuming, transporting, or protecting
merchandise, food, or beverages from or at a food service or
retail facility. /
Amend further, page 2, by striking in its entirety Section 39-77-30, SECTION 1, and inserting:
/ Section 39-77-30. (A)
Any regulation regarding the use,
disposition, sale, or any imposition of any prohibition,
restriction, fee imposition, or taxation of auxiliary containers
must be done only by the General Assembly. This chapter
supersedes and preempts any ordinance enacted by a political
subdivision that purports to regulate the use, disposition,
sale, or any imposition of any prohibition, restriction, fee
imposition, or taxation of auxiliary containers at the retail,
manufacturer, or distributor level.
(B) Nothing in this
chapter may be construed to prohibit or limit any county or
municipal ordinance regulating solid waste, any agreement
pertaining to the disposal of solid waste, curbside recycling
program, designated residential or commercial recycling
locations, or commercial recycling program.
(C) The provisions of
this chapter do not apply to the use of auxiliary containers on
a property owned by a county or municipality.
(D) The provisions of
this chapter apply to auxiliary container regulations enacted
after January 1, 2017. /
Renumber sections to conform.
Amend title to conform.