Colorado 2020 Regular Session Status: Died 3 D cosponsors

HB 20-1163 — Management Of Single-use Products

Last action — House Second Reading Laid Over to 12/31/2020 - No Amendments

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The bill prohibits stores and retail food establishments, on and after July 1, 2021, from providing single-use plastic carryout bags, single-use plastic stirrers, single-use plastic straws, and expanded polystyrene food service products (collectively "single-use products") to customers at the point of sale. The executive director of the department of public health and environment is authorized to enforce the prohibition. The prohibition does not apply to inventory purchased before July 1, 2021, and used on or before December 31, 2021. A store or retail food establishment, on or after July 1, 2021, may furnish recyclable paper carryout bags to a customer at a charge of at least 10 cents per customer, which amount the store or establishment may retain in full, unless a local government's ordinance or resolution prohibits the store or establishment from retaining the full charge. A local government, on or after July 1, 2021, is preempted from enacting an ordinance, resolution, rule, or charter provision that is less stringent than the statewide prohibition. (Note: This summary applies to this bill as introduced.)

Bill Text

What changed in the latest version

217 added · 192 removed

Plain-language change summary

The amendments made to the bill HB 20-1163 include the removal of the definition of "expanded polystyrene" and related manufacturing processes, while definitions for terms like "food" and "plastic" were added or revised. Additionally, specific language regarding items that can be included in a bag a customer uses inside a store has been preserved. These changes clarify the terms used in the bill and focus the language more on general categories without detailing specific materials or manufacturing methods.

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Second Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO.
Second Regular Session Seventy-second General Assembly STATE OF COLORADO PREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.
20-0269.01 Jennifer Berman x3286 HOUSE BILL 20-1163 HOUSE SPONSORSHIP ValdezA.andSirota, JaquezLewis,Kipp,Caraveo,Hooton,Lontine,Gonzales-Gutierrez, Mullica, Coleman SENATE SPONSORSHIP Gonzales, House Committees Senate Committees Energy & Environment Finance A BILL FOR AN ACT C ONCERNING THE MANAGEMENT OF SINGLE -USE PRODUCTS .
20-0269.01 Jennifer Berman x3286 HOUSE BILL 20-1163 HOUSE SPONSORSHIP ValdezA.andSirota, JaquezLewis,Kipp,Caraveo,Hooton,Lontine,Gonzales-Gutierrez, Mullica, Coleman SENATE SPONSORSHIP Gonzales, House Committees Senate Committees Energy & Environment Finance A BILL FOR AN ACT CONCERNING THE MANAGEMENT OF SINGLE -USE PRODUCTS .
-2- HB20-1163 (III) BAG THAT A CUSTOMER USES INSIDE A STORE :O (A) PACKAGE LOOSE OR BULK ITEMS , SUCH AS FRUITS , VEGETABLES , NUTS, GRAINS, CANDY ,GREETING CARDS , OR SMALL HARDWARE ITEMS SUCH AS NAILS,BOLTS,OR SCREWS ;
-2- 1163 (III) ABAG THAT A CUSTOMER USES INSIDE A STORE :O (A) PACKAGE LOOSE OR BULK ITEMS , SUCH AS FRUITS , VEGETABLES , NUTS, GRAINS, CANDY , GREETING CARDS , OR SMALL HARDWARE ITEMS SUCH AS NAILS,BOLTS ,OR SCREWS;
(B) C ONTAIN OR WRAP FROZEN FOODS ,MEAT ,SEAFOOD ,FISH, FLOWERS ,POTTEDPLANTS OROTHERITEMSTHAT IFTHEYWERETOCOME IN CONTACT WITH OTHER ITEMS,COULD DAMPEN OR CONTAMINATE THE OTHER ITEMS;OR (C) CONTAIN UNWRAPPED PREPARED FOODS OR BAKERY GOODS ;
(B) C ONTAIN OR WRAP FROZEN FOODS , MEAT, SEAFOOD, FIS, FLOWERS ,POTTEDPLANTS ,OROTHERITEMSTHAT ,IFTHEYWERETOCOME IN CONTACT WITH OTHER ITEMS,COULD DAMPEN OR CONTAMINATE THE OTHER ITEMS;OR (C) CONTAIN UNWRAPPED PREPARED FOODS OR BAKERY GOODS ;
(2) "COMMISSION "MEANS THE SOLID AND HAZARDOUS WASTE COMMISSION CREATED IN SECTION25-15-302.
(2) "COMMISSION " MEANS THE SOLID AND HAZARDOUS WASTE COMMISSION CREATED IN SECTION25-15-302.
(4) "EXECUTIVE DIRECTOR"MEANS THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE EXECUTIVE DIRECTORS DESIGNEE.
(4) "EXECUTIVE DIRECTOR"MEANS THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE EXECUTIVE DIRECTOR S DESIGNEE.
(5) "EXPANDED POLYSTYRENE "MEANS BLOWN POLYSTYRENE , COMMONLY KNOWN AS STYROFOAM ™, AND ANY OTHER EXPANDED OR EXTRUDED FOAM CONSISTING OF THERMOPLASTIC PETROCHEMICAL MATERIALS UTILIZING A STYRENE MONOMER AND PROCESSED BY TECHNIQUES THAT MAY INCLUDE :
(5) (a) OOD "MEANS ANY RAW ,COOKED ,OR PROCESSED EDIBLE SUBSTANCE OR INGREDIENT USED OR INTENDED FOR USE OR FOR SALE IN WHOLE OR IN PART FOR HUMAN CONSUMPTION .
(a) FOR EXPANDABLE-BEAD POLYSTYRENE ,FUSION OF POLYMER SPHERES;
(b) "FOD "DOESNOTINCLUDEADRUG ,ASTHATTERMISDEFINED IN SECTION25-5-402 (9).
(b) IJECTION MOLDING;
(6) "PLASTIC" MEANS A SYNTHETIC MATERIAL MADE FROM LINKING MONOMERS THROUGH A CHEMICAL REACTION TO CREATE A POLYMERCHAINTHATCANBEMOLDEDOREXTRUDEDATHIGHHEATINTO VARIOUSSOLIDFORMSTHATRETAINTHEIRDEFINEDSHAPESDURINGTHEIR -3- 1163 LIFE CYCLE AND AFTER DISPOSAL.
(c) FOAM MOLDING ;AND (d) FOR EXTRUDED FOAM POLYSTYRENE ,EXTRUSION BLOW -3- HB20-1163 MOLDING .
(7) "OINTOFSALE "MEANSACHECK -OUTSTAND ,CASHREGISTER , OR OTHER POINT AT WHICH THE SALES TRANSACTION OCCURS IN A STORE OR RETAILFOOD ESTABLISHMENT OR ,FORPRODUCTS THAT ARE ORDERED REMOTELY FROM A STORE OR RETAIL FOOD ESTABLISHMENT AND DELIVERED ,THE LOCATION WHERE THE PRODUCTS ARE DELIVERED .
(6)(a) "EXPANDEDPOLYSTYRENEFOODSERVICEPRODUCT "MEANS A PRODUCT MADE OF EXPANDED POLYSTYRENE THAT IS :
(8) "ETAILFOODESTABLISHMENT "HASTHEMEANINGSETFORTH IN SECTION 25-4-1602 (14).
(I) USED FOR SELLING OR PROVIDING FOOD OR BEVERAGES;
(9) "REUSABLE CARRYOUT BAG "MEANS A CARRYOUT BAG THAT IS DESIGNED AND MANUFACTURED FOR AT LEAST ONE HUNDRED TWENTY -FIVE USE,CAN CARRY AT LEAST TWENTY TWO POUNDS OVER A DISTANCEOFONEHUNDREDSEVENTY -FIVEFEET,HASSTITCHEDHANDLES , AND IS MADE OF :
(II) ITENDED FOR A SINGLE USE FOR EATING OR DRINKIN;
(a) CLOTH OR MACHINE WASHABLE FABRIC ;OR (b) PLYPROPYLENE .
(III) NEITHER INTENDED NOR SUITABLE FOR MULTIPLE REUSES ;
(10) (a) "SINGLE-USE PLASTIC CARRYOUT BAG " MEANS A CARRYOUT BAG THAT IS A SINGLE USE PRODUCT MADE OF FILM PLASTIC .
AND (IV) G ENERALLY RECOGNIZED BY THE PUBLIC AS AN ITEM TO BE DISCARDED AFTER ONE USE .
(b) "SNGLE USE PLASTIC CARRYOUT BAG "DOES NOT INCLUDE A REUSABLE CARRYOUT BAG .
(b) "EXPANDEDPOLYSTYRENEFOODSERVICEPRODUCT "INCLUDES FOODCONTAINERS ,PLATES,HOT ANDCOLDBEVERAGE CUPS ,TRAYS AND CARTONS FOR EGGS OR OTHER FOOD ITEMS .
(11)(a) "INGLE-USEPLASTICSTIRRER " MEANSADEVICETHATIS :
(c) "EXPANDEDPOLYSTYRENEFOODSERVICEPRODUCT "DOESNOT INCLUDE :
(I) UED TO MIX BEVERAGES ;
(I) EXPANDED POLYSTYRENE PACKAGING FOR FOOD OR BEVERAGES THAT WERE PACKAGED OUTSIDE OF THIS STATE BEFORE AN IN-STATE STORE OR RETAIL FOOD ESTABLISHMENT RECEIVED THE PACKAGED FOOD OR BEVERAGE ;
(II) MADE PREDOMINANTLY OF PLASTIC ;AND (III) AINGLE USE PRODUCT .
(II) APRODUCT MADE OFEXPANDED POLYSTYRENE THAT IS USED TO PACKAGE RAW UNCOOKED ,OR BUTCHERED MEAT ,FISH,OR SEAFOOD ;
(b) "SNGLE-USE PLASTIC STIRRER"INCLUDES A PLASTIC STOPPER THAT MAY BE PLACED INTO THE SIPPING HOLE OF A BEVERAGE LID TO PREVENT LEAKS OR SPILLS.
OR (III) ANONFOAM POLYSTYRENE FOOD SERVICE PRODUCT .
(12) "SINGLE USE PLASTIC STRAW "MEANS A TUBE MADE OF -4- 1163 PLASTIC THAT I:
(7) (a) "FOD "MEANS ANY RAW ,COOKED ,OR PROCESSED EDIBLE SUBSTANCE OR INGREDIENT USED OR INTENDED FOR USE OR FOR SALE IN WHOLE OR IN PART FOR HUMAN CONSUMPTION .
(b) "FOOD "DOESNOTINCLUDEADRUG ASTHATTERMISDEFINED IN SECTION25-5-402 (9).
-4- HB20-1163 (8) "PLASTIC "MEANS A SYNTHETIC MATERIAL MADE FROM LINKING MONOMERS THROUGH A CHEMICAL REACTION TO CREATE A POLYMERCHAINTHATCANBEMOLDEDOREXTRUDEDATHIGHHEATINTO VARIOUSSOLIDFORMSTHATRETAINTHEIRDEFINEDSHAPESDURINGTHEIR LIFE CYCLE AND AFTER DISPOSAL,INCLUDING MATERIAL DERIVED FROM EITHER PETROLEUM OR A BIOLOGICALLY BASED POLYMER SUCHASCORN OR OTHER PLANT SOURCES .
(9) "POINTOFSALE "MEANSACHECK -OUTSTAND ,CASHREGISTER , OR OTHER POINT AT WHICH THE SALES TRANSACTION OCCURS IN A STORE OR RETAILFOOD ESTABLISHMENT OR ,FOR PRODUCTSTHAT ARE ORDERED REMOTELY FROM A STORE OR RETAIL FOOD ESTABLISHMENT AND DELIVERED ,THE LOCATION WHERE THE PRODUCTS ARE DELIVERED .
(10) "R ETAIL FOOD ESTABLISHMENT " HAS THE MEANING SET FORTH IN SECTION 25-4-1602 (14).
(11) "REUSABLE CARRYOUT BAG "MEANS A CARRYOUT BAGTHAT IS DESIGNED AND MANUFACTURED FOR AT LEAST ONE HUNDRED TWENTY FIVE USES,CAN CARRY AT LEAST TWENTY -TWO POUNDS ,HAS STITCHED HANDLES ,AND IS MADE OF:
(a) CLOTH OR MACHINE -WASHABLE FABRIC ;OR (b) POLYPROPYLENE .
(12) (a) "SINGLE-USE PLASTIC CARRYOUT BAG " MEANS A CARRYOUT BAG THAT IS A SINGLE-USE PRODUCT MADE OF PLASTIC .
(b) "SINGLE-USE PLASTIC CARRYOUT BAG "DOES NOT INCLUDE A REUSABLE CARRYOUT BAG .
(13)(a) "SINGLE-USEPLASTICSTIRRER "MEANSADEVICETHATIS :
(I) USED TO MIX BEVERAGES ;
(II) MADE PREDOMINANTLY OF PLASTIC ;AND -5- HB20-1163 (III) ASINGLE-USE PRODUCT .
(b) "SNGLE USE PLASTIC STIRRER"INCLUDES A PLASTIC STOPPER THAT MAY BE PLACED INTO THE SIPPING HOLE OF A BEVERAGE LID TO PREVENT LEAKS OR SPILLS.
(14) "S INGLE-USE PLASTIC STRAW " MEANS A TUBE MADE OF PLASTIC THAT I:
(15) "SINGLE-USE PRODUCT "MEANS A PRODUCT THAT IS :
(13) "SINGLE-USE PRODUCT "MEANS A PRODUCT THAT IS :
(a) (I) NITHER INTENDED NOR SUITABLE FOR MULTIPLE USES;OR (II) GENERALLY RECOGNIZED BY THE PUBLIC AS AN ITEM TO BE DISCARDED AFTER ONE USE ;AND (b) ASINGLE-USEPLASTICCARRYOUTBAG ,ASINGLE USEPLASTIC STRAW ,A SINGLEUSE PLASTIC STIRRER,OR AN EXPANDED POLYSTYRENE FOOD SERVICE PRODUCT .
(a) (I) NITHER INTENDED NOR SUITABLE FOR MULTIPLE USES;OR (II) GENERALLY RECOGNIZED BY THE PUBLIC AS AN ITEM TO BE DISCARDED AFTER ONE USE ;AND (b) ASINGLE-USEPLASTICCARRYOUTBAG ,ASINGLE USEPLASTIC STRAW ,OR A SINGLEUSE PLASTIC STIRRER.
(16) "STORE" MEANS A GROCERY STORE , SUPERMARKET , CONVENIENCE STORE ,LIQUOR STORE ,DRY CLEANER ,PHARMACY ,DRUG STORE,CLOTHING STORE ,OR OTHER TYPE OF RETAIL ESTABLISHMENT AT WHICH CARRYOUT BAGS ARE TRADITIONALLY PROVIDED TO CUSTOMERS .
(14) "STORE" MEANS A GROCERY STORE , SUPERMARKET , CONVENIENCE STORE ,LIQUOR STORE ,DRY CLEANER ,PHARMACY ,DRUG STORE,CLOTHING STORE ,OR OTHER TYPE OF RETAIL ESTABLISHMENT AT WHICH CARRYOUT BAGS ARE TRADITIONALLY PROVIDED TO CUSTOMERS .
(1) OND AFTERJULY 1,2021,ANOWNER OPERATOR ,EMPLOYEE ,CONTRACTOR ,OR AGENT OFASTORE ORRETAILFOODESTABLISHMENT SHALLNOT PROVIDE THE FOLLOWING SINGLE USE PRODUCTS TO A CUSTOMER :
(1) OND AFTERJULY 1,2022,ANOWNER OPERATOR ,EMPLOYEE ,CONTRACTOR ,OR AGENT OFASTORE ORRETAILFOODESTABLISHMENT SHALLNOT PROVIDE THE FOLLOWING SINGLE USE PRODUCTS TO A CUSTOMER :
(b) ASINGLE-USEPLASTICSTRAWUNLESSTHESINGLE -USEPLASTIC -6- HB20-1163 STRAW IS PROVIDED TO THE CUSTOMER UPON REQUEST ;HOWEVER ,IT IS PREFERABLE THAT A PAPER STRAW BE PROVIDED INSTEAD .
(b) ASINGLE-USEPLASTICSTRAWUNLESSTHESINGLE -USEPLASTIC STRAWISPROVIDEDTOTHECUSTOMERUPONREQUESTOFTHECUSTOMER ;
T HE PROHIBITION SET FORTH IN THIS SUBSECTION(1)(bDOES NOT APPLY TO ANY STORE OR RETAIL FOOD ESTABLISHMENT LOCATED WITHIN :
HOWEVER ,ITISPREFERABLETHATAPAPERSTRAWBEPROVIDEDINSTEAD .
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(I) AHOSPITAL OR OTHER HEALTH CARE FACILITY REQUIRED TO OBTAIN A LICENSE PURSUANT TO SECTION 25-3-101 (1)OR (II) A N INDEPENDENT LIVING FACILITY THAT PROVIDES ASSISTANCETOITSSENIORSINTHEPERFORMANCEOFTHEIRDAILYLIVING ACTIVITIE.
THE PROHIBITION SET FORTH IN THIS SUBSECTIO(1)(b)DOES NOT APPLY TO ANY STORE OR RETAIL FOOD ESTABLISHMENT LOCATED WITHIN :
(c) ASINGLE USE PLASTIC STIRRER;OR (d) ANEXPANDEDPOLYSTYRENEFOODSERVICEPRODUCT EXCEPT THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON THAT STORES OR PACKAGES FOOD OR A BEVERAGE IN AN EXPANDED POLYSTYRENE FOOD SERVICE PRODUCT FOR DISTRIBUTION OUTSIDE OF THIS STAT.
(I) AHOSPITAL OR OTHER HEALTH CARE FACILITY REQUIRED TO OBTAIN A LICENSE PURSUANT TO SECTION 25-3-101 (1)OR -5- 1163 (II) AN INDEPENDENT LIVING FACILITY THAT PROVIDES ASSISTANCETOITSSENIORSINTHEPERFORMANCEOFTHEIRDAILYLIVING ACTIVITIES.
(2) (a) NTWITHSTANDING SUBSECTION (1)OF THIS SECTION,AN OWNER ,OPERATOR ,EMPLOYEE ,CONTRACTOR ,OR AGENT OF A STORE OR RETAIL FOOD ESTABLISHMENT MAY PROVIDE A SINGLE -USE PRODUCT TO A CUSTOMER ON OR BEFORE D ECEMBER 31, 2021,IF THE SINGLE-USE PRODUCT WAS PART OF THE STORE 'S OR RETAIL FOOD ESTABLISHMENT S INVENTORY BEFORE ULY 1, 2021.
(c) A SINGLE-USE PLASTIC STIRRE.
(b) THIS SUBSECTION(2)IS REPEALED ,EFFECTIVEJULY 1, 2023.
6 (2) (a) NOTWITHSTANDING SUBSECTION (1)OF THIS SECTIO,AN OWNER ,OPERATOR ,EMPLOYEE ,CONTRACTOR ,OR AGENT OF A STORE OR RETAIL FOOD ESTABLISHMENT MAY PROVIDE A SINGLE -USE PRODUCT TO A CUSTOMER ON OR BEFORE DECEMBER 31, 2022,IF THE SINGLE-USE PRODUCT WAS PART OF THE STORE 'S OR RETAIL FOOD ESTABLISHMENT'S INVENTORY BEFORE JULY 1, 2022.
(3)(a) TEEXECUTIVEDIRECTOR ,ONTHEEXECUTIVEDIRECTOR S OWN MOTION OR UPON A COMPLAINT FILED WITH THE EXECUTIVE DIRECTORBYANYPERSON ,MAYINVESTIGATEANALLEGEDVIOLATIONOF THIS SECTION.
(b) THIS SUBSECTION (2)IS REPEALED,EFFECTIVEJULY 1, 2023.
F THE EXECUTIVE DIRECTOR FINDS THAT AN OWNER OR OPERATOR OF A STORE OR RETAIL FOOD ESTABLISHMENT HAS VIOLATED THIS SECTION OR HAS ALLOWED AN EMPLOYEE ,CONTRACTOR ,OR AGENT -7- HB20-1163 OFTHESTOREORRETAILFOODESTABLISHMENTTOVIOLATETHISSECTION , THE EXECUTIVE DIRECTOR MAY ISSUE AN ORDER REQUIRING THAT THE OWNER OR OPERATOR COMPLY WITH ,OR REQUIRE OTHERS TO COMPLY WITH ,THIS SECTION AND MAY REQUEST THAT THE ATTORNEY GENERAL SEEK AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION TO ENJOIN THE OWNER OR OPERATOR FROM ACTING OR ALLOWING ANOTHER TO ACT IN A MANNER THAT VIOLATES THIS SECTI.N (b) (I)F THE EXECUTIVE DIRECTOR HAS KNOWLEDGE THAT AN OWNER OR OPERATOR HAS VIOLATED THIS SECTION MORE THAN ONCE OR HAS ALLOWED EMPLOYEES ,CONTRACTORS ,OR AGENTS OF THE STORE OR RETAIL FOOD ESTABLISHMENT TO VIOLATE THIS SECTION MORE THAN ONCE ,THE EXECUTIVE DIRECTOR MAY INCLUDE WITH AN ORDER ISSUED PURSUANT TO SUBSECTION (3)(a)OF THIS SECTION A CIVIL PENALTY ASSESSMENT AGAINST THE OWNER OR OPERATOR IN THE FOLLOWING AMOUNT :
(3)(a) THEEXECUTIVEDIRECTOR ,ONTHEEXECUTIVEDIRECTOR 'S OWN MOTION OR UPON A COMPLAINT FILED WITH THE EXECUTIVE DIRECTORBYANYPERSON ,MAYINVESTIGATEANALLEGEDVIOLATIONOF THIS SECTION.
(A) TWENTY -FIVE DOLLARS FOR A SECOND VIOLATIO;OR (B) ONE HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION.
F THE EXECUTIVE DIRECTOR FINDS THAT AN OWNER OR OPERATOR OF A STORE OR RETAIL FOOD ESTABLISHMENT HAS VIOLATED THIS SECTION OR HAS ALLOWED AN EMPLOYEE ,CONTRACTOR ,OR AGENT OFTHESTOREORRETAILFOODESTABLISHMENTTOVIOLATETHISSECTION , THE EXECUTIVE DIRECTOR MAY ISSUE AN ORDER REQUIRING THAT THE OWNER OR OPERATOR COMPLY WITH ,OR REQUIRE OTHERS TO COMPLY WITH ,THIS SECTION AND MAY REQUEST THAT THE ATTORNEY GENERAL SEEK AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION TO ENJOIN THE OWNER OR OPERATOR FROM ACTING OR ALLOWING ANOTHER TO ACT IN A MANNER THAT VIOLATES THIS SECTION.
(II) AN OWNER OR OPERATOR AGAINST WHOM THE EXECUTIVE DIRECTOR HAS ASSESSED A CIVIL PENALTY PURSUANT TO SUBSECTION (3)(b)(I)F THIS SECTION MAY REQUEST A HEARING ON THE MATTER WITHIN FOURTEEN DAYS AFTER THE DATE OF THE ORD.IFA HEARING IS REQUESTED ,THE EXECUTIVE DIRECTOR SHALL HOLD A HEARING ON THE MATTER IN ACCORDANCE WITH SECTION 24-4-105.
(b) (I) I THE EXECUTIVE DIRECTOR HAS KNOWLEDGE THAT AN OWNER OR OPERATOR HAS VIOLATED THIS SECTION MORE THAN ONCE OR -6- 1163 HAS ALLOWED EMPLOYEES ,CONTRACTORS ,OR AGENTS OF THE STORE OR RETAIL FOOD ESTABLISHMENT TO VIOLATE THIS SECTION MORE THAN ONCE ,THE EXECUTIVE DIRECTOR MAY INCLUDE WITH AN ORDER ISSUED PURSUANT TO SUBSECTION (3)(a)OF THIS SECTION A CIVIL PENALTY ASSESSMENT AGAINST THE OWNER OR OPERATOR IN THE FOLLOWING AMOUNT :
(A) T WENTY -FIVE DOLLARS FOR A SECOND VIOLATIO;OR (B) O NE HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION .
(II) AN OWNER OR OPERATOR AGAINST WHOM THE EXECUTIVE DIRECTOR HAS ASSESSED A CIVIL PENALTY PURSUANT TO SUBSECTION (3)(b)(IOF THIS SECTION MAY REQUEST A HEARING ON THE MATTER WITHIN FOURTEEN DAYS AFTER THE DATE OF THE ORDER.IFA HEARING IS REQUESTED ,THE EXECUTIVE DIRECTOR SHALL HOLD A HEARING ON THE MATTER IN ACCORDANCE WITH SECTION 24-4-105.
Recyclable paper carryout bags - charge.
Bag charge - disposition of money - repeal.
(1) O ORAFTER JULY 1,2021,ANOWNER ,OPERATOR ,EMPLOYEE CONTRACTOR , OR AGENT OF A STORE MAY PROVIDE A CUSTOMER WITH ONE OR MORE -8- HB20-1163 RECYCLABLE PAPER CARRYOUT BAGS AT THE POINT OF SALE IF THE CUSTOMER PAYS A CHARGE OF NOT LESS THAN TEN CENTS PER RECYCLABLE PAPER CARRYOUT BAG .
(1) (a) N AND AFTER JULY 1,2021,AN OWNER ,OPERATOR ,EMPLOYEE , CONTRACTOR ,ORAGENTOFASTOREMAYPROVIDEACUSTOMERWITHONE OR MORE RECYCLABLE PAPER CARRYOUT BAGS OR SINGLE USE PLASTIC CARRYOUTBAGSATTHEPOINTOFSALEIFTHECUSTOMERPAYSACHARGE OF TEN CENTS PER RECYCLABLE PAPER CARRYOUT BAG OR SINGLE -USE PLASTIC CARRYOUT BAG ,OR A HIGHER CHARGE IF A MUNICIPALITY OR COUNTY RAISES THE CHARGE BY ORDINANCE OR RESOLUTION .FOR EACH BAG CHARGE PURSUANT TO THIS SUBSECTION (1)(a)THE STORE SHALL:
(2) U NLESS OTHERWISE REQUIRED BY A LOCAL GOVERNMENT S ORDINANCE OR RESOLUTION REGARDING THE PROVISION OFRECYCLABLE PAPERCARRYOUTBAGSINTHEJURISDICTIONINWHICHASTOREORRETAIL FOOD ESTABLISHMENT IS LOCATED , THE STORE OR RETAIL FOOD ESTABLISHMENT SHALL RETAIN ANY MONEY COLLECTED PURSUANT TO THIS SECTION.
(I) REMIT SIXTY PERCENT TO THE MUNICIPALITY WITHIN WHICH THE STORE IS LOCATED OR , IF THE STORE IS NOT LOCATED WITHIN A MUNICIPALITY ,TO THE COUNTY WITHIN WHICH THE STORE IS LOCATED , -7- 1163 WHICH MUNICIPALITY OR COUNTY SHALL USE THE REMITTED FEE TO PAY:
(A) ITS ADMINISTRATIVE COSTS INCURRED AS A RESULT OF THIS SECTION ;AND (B) FOR ANY RECYCLING , COMPOSTING , OR OTHER WASTE DIVERSION PROGRAMS AND RELATED OUTREACH AND EDUCATION ACTIVITIES;AND (II) ETAINFORTYPERCENT ,WHICHPORTIONOFTHEFEEDOESNOT COUNT AS REVENUE FOR THE PURPOSE OF CALCULATING SALES TAX .
(b) T HE BAG CHARGE SET FORTH IN SUBSECTION (1)(a)OF THIS SECTION DOES NOT APPLY TO A CUSTOMER THAT PROVIDES EVIDENCE TO THESTORETHATTHECUSTOMERISAPARTICIPANTINAFEDERALORSTATE FOOD ASSISTANCE PROGRAM .
(c) THIS SUBSECTION(1)IS REPEALED,EFFECTIVE ULY 1, 2022.
(2) (a) O N AND AFTER JULY 1, 2022, AN OWNER , OPERATOR , EMPLOYEE ,CONTRACTOR , OR AGENT OF A STORE MAY PROVIDE A CUSTOMER WITH ONE OR MORE RECYCLABLE PAPER CARRYOUT BAGS AT THE POINT OF SALE IF THE CUSTOMER PAYS A CHARGE OF TEN CENTS PER RECYCLABLE PAPER CARRYOUT BAG , OR A HIGHER CHARGE IF A MUNICIPALITY OR COUNTY RAISES THE CHARGE BY ORDINANCE OR RESOLUTION .FOREACHBAGCHARGEPURSUANTTOTHISSUBSECTION (2), THE STORE SHALL :
(I) REMIT SIXTY PERCENT TO THE MUNICIPALITY WITHIN WHICH THE STORE IS LOCATED OR , IF THE STORE IS NOT LOCATED WITHIN A MUNICIPALITY ,TO THE COUNTY WITHIN WHICH THE STORE IS LOCATED , WHICH MUNICIPALITY OR COUNTY SHALL USE THE REMITTED FEE TO PAY:
(A) ITS ADMINISTRATIVE COSTS INCURRED AS A RESULT OF THIS SECTION ;AND -8- 1163 (B) FOR ANY RECYCLING ,COMPOSTING ,OR OTHER WASTE DIVERSION PROGRAMS AND RELATED OUTREACH AND EDUCATION ACTIVITIES;AND (II) ETAINFORTYPERCENT WHICHPORTIONOFTHEFEEDOESNOT COUNT AS REVENUE FOR THE PURPOSE OF CALCULATING SALES TAX.
(b) T HE BAG CHARGE SET FORTH IN SUBSECTION(2)(a)OF THIS SECTION DOES NOT APPLY TO A CUSTOMER THAT PROVIDES EVIDENCE TO THESTORETHATTHECUSTOMERISAPARTICIPANTINAFEDERALORSTATE FOOD ASSISTANCE PROGRAM .
(c)(I) NANDAFTER JULY1,2022,ANDTHROUGH DECEMBER 31, 2022, AN OWNER ,OPERATOR ,EMPLOYEE ,CONTRACTOR ,OR AGENT OF A STOREMAYPROVIDEACUSTOMERWITHASINGLE -USEPLASTICCARRYOUT BAG AT THE POINT OF SALE FOR THE CHARGE DESCRIBED IN SUBSECTION (2)(a)OF THIS SECTION ONLY IF THE SINUSE PLASTIC CARRYOUT BAG IS WITHIN THE STORES REMAINING INVENTORY PURSUANT TO SECTION 25-17-503 (2)(a).HE STORE SHALL REMIT THE CHARGE COLLECTED IN ACCORDANCE WITH SUBSECTION (2)(a)OF THIS SECTIO.
(II) HISSUBSECTION (2)(c)isrepealed,effectiveJanuary1,2023.
(3) A STORE THAT PROVIDES CARRYOUT BAGS FOR A CHARGE PURSUANT TO THIS SECTION SHALL:
(a) FOR EACH CUSTOMER PROVIDED A CARRYOUT BAG FOR A FEE, PROVIDE ON THE CUSTOMER 'S TRANSACTION RECEIP,A RECORD OF THE NUMBER OF CARRYOUT BAGS PROVIDED AS PART OF THE TRANSACTION AND THE TOTAL AMOUNT OF FEES CHARGED FOR THE CARRYOUT BAGS PROVIDED ,ITEMIZED BY TYPE OF CARRYOUT BAG;
(b) N OT REFUND TO THE CUSTOMER ANY PORTION OF THE CARRYOUTBAGCHARGE EITHERDIRECTLYORINDIRECTLY ORADVERTISE -9- 1163 OR OTHERWISE CONVEY TO CUSTOMERS THAT ANY PORTION OF THE CARRYOUT BAG CHARGE WILL BE REFUNDED ;AND (c) CONSPICUOUSLY DISPLAY A SIGN IN A LOCATION INSIDE OR OUTSIDE THE STORE , WHICH SIGN ALERTS CUSTOMERS ABOUT THE CARRYOUT BAG CHARGE .
ONANDAFTER JULY 1,2021,ALOCALGOVERNMENTSHALL NOTENACTANYORDINANCE ,RESOLUTION,RULE,ORCHARTERPROVISION REGARDING THE USE OF SINGLEUSE PRODUCTS THAT IS LESS STRINGENT THAN THIS PART 5.F A LOCAL GOVERNMENT ENACTED AN ORDINANCE , RESOLUTION ,RULE,OR CHARTER PROVISION BEFOREJULY 1, 2021THAT IS LESS STRINGENT THAN THIS PART5, THE ORDINANCE, RESOLUTION, RULE ,OR CHARTER PROVISION IS PREEMPTED BY THIS SECT.ON 25-17-506.
ONANDAFTER JULY 1,2022,ALOCALGOVERNMENTSHALL NOTENACTANYORDINANCE ,RESOLUTION,RULE,ORCHARTERPROVISION REGARDING THE USE OF SINGLEUSE PRODUCTS THAT IS LESS STRINGENT THAN THIS PART 5.F A LOCAL GOVERNMENT ENACTED AN ORDINANCE , RESOLUTION ,RULE,OR CHARTER PROVISION BEFOREJULY 1, 2022THAT IS LESS STRINGENT THAN THIS PART5, THE ORDINANCE, RESOLUTION, RULE ,OR CHARTER PROVISION IS PREEMPTED BY THIS SECT.ON 25-17-506.
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in -9- HB20-1163 November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-10- HB20-1163
-10- 1163
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Amendments

1 amendment

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Action History

  1. House Second Reading Laid Over to 12/31/2020 - No Amendments

  2. House Second Reading Laid Over to 03/30/2020 - No Amendments

  3. House Second Reading Laid Over Daily - No Amendments

  4. House Committee on Finance Refer Unamended to House Committee of the Whole

  5. House Committee on Energy & Environment Refer Amended to Finance

  6. Introduced In House - Assigned to Energy & Environment + Finance

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 99 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (99)

99 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment
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Frequently asked questions

What does HB 20-1163 do?
The bill prohibits stores and retail food establishments, on and after July 1, 2021, from providing single-use plastic carryout bags, single-use plastic stirrers, single-use plastic straws, and expanded polystyrene food service products (collectively "single-use products") to customers at the point of sale. The executive director of the department of public health and environment is authorized to enforce the prohibition. The prohibition does not apply to inventory purchased before July 1, 2021, and used on or before December 31, 2021. A store or retail food establishment, on or after July 1, 2021, may furnish recyclable paper carryout bags to a customer at a charge of at least 10 cents per customer, which amount the store or establishment may retain in full, unless a local government's ordinance or resolution prohibits the store or establishment from retaining the full charge. A local government, on or after July 1, 2021, is preempted from enacting an ordinance, resolution, rule, or charter provision that is less stringent than the statewide prohibition. (Note: This summary applies to this bill as introduced.)
Who sponsors HB 20-1163?
HB 20-1163 is sponsored by Julie Gonzales (Democrat), Emily Sirota (Democrat), and Alex Valdez (Democrat).
What is the current status of HB 20-1163?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 20-1163?
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