This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 27, 2018 at 8:23 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to the regulation of auxiliary containers.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms; and
13 ▸ prohibits a local government entity from regulating Ŝ→ [
13a [
14 auxiliary container, unless the auxiliary container is used on property owned by the
15 local government entity.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 11-58-101, Utah Code Annotated 1953
23 11-58-102, Utah Code Annotated 1953
24 11-58-201, Utah Code Annotated 1953
25 11-58-202, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 11-58-101 is enacted to read:
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31 11-58-101. Title.
32 This chapter is known as the "Uniform Container Regulation Act."
33 Section 2. Section 11-58-102 is enacted to read:
34 11-58-102. Definitions.
35 As used in this chapter:
36 (1) "Auxiliary container" means a bag, cup, package, container, bottle, or other
37 packaging that is:
38 (a) made of:
39 (i) cloth;
40 (ii) paper;
41 (iii) plastic, including foamed plastic or expanded plastic;
42 (iv) cardboard;
43 (v) expanded polystyrene;
44 (vi) corrugated material;
45 (vii) aluminum;
46 (viii) glass;
47 (ix) postconsumer recycled material; or
48 (x) any material or substrate similar to the materials listed in Subsections (1)(a)(i)
49 through (ix), including coated, laminated, or multilayer substrates; and
50 (b) designed to be:
51 (i) reusable or single-use; and
52 (ii) used to consume, transport, or protect merchandise, food, or beverages from or
53 within a food service or retail facility.
54 (2) "Local government entity" means a county, city, town, metro township, local
55 district, special service district, community reinvestment agency, conservation district, or
56 school district.
57 Section 3. Section 11-58-201 is enacted to read:
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59 11-58-201. Limitation on local regulation.
60 (1) A local government entity may not:
61 (a) regulate, prohibit, or restrict the use, disposition, or sale of an auxiliary container;
62 or
63 (b) impose a fee Ŝ→ [
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64 at the retail, manufacturer, or distributor level.
65 (2) A local government entity's action that violates Subsection (1) is invalid.
66 (3) This section preempts any local government entity's action that violates Subsection
67 (1), regardless of when the local government entity took the action.
68 Section 4. Section 11-58-202 is enacted to read:
69 11-58-202. Scope.
70 (1) This chapter does not affect:
71 (a) a local government entity's authority to regulate solid waste, operate a commercial
72 or curbside recycling program, or designate one or more commercial or residential recycling
73 locations; or
74 (b) any agreement related to the disposal of solid waste.
75 (2) The provisions of this chapter do not apply to the use of an auxiliary container on
76 property owned by a local government entity.
Legislative Review Note
Office of Legislative Research and General Counsel