HB 21-1162

Summary

Under current law, local governments are prohibited from requiring or banning the use or sale of specific types of plastic materials or products. The act repeals the prohibition on July 1, 2024.The act prohibits stores and retail food establishments, on and after January 1, 2024, from providing single-use plastic carryout bags to customers; except that retail food establishments that are restaurants and small stores that operate solely in Colorado and have 3 or fewer locations may provide single-use plastic carryout bags. The prohibition does not apply to inventory purchased before January 1, 2024, and used on or before June 1, 2024, which may be supplied to a customer at the point of sale for a 10-cent or greater fee.Between January 1, 2023, and January 1, 2024, 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 January 1, 2024, 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 April 1, 2024, 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.The act prohibits a retail food establishment, on and after January 1, 2024, from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this state. Retail food establishments that purchase expanded polystyrene products before January 1, 2024, may continue to use the products until their supply is depleted.The act also authorizes a local government to enforce against a violation of the act and expressly authorizes a county to impose a civil penalty against a store or retail food establishment of up to $500 for a second violation or up to $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, 2024, 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 act.The act does not apply to materials used in the packaging of pharmaceutical drugs, medical devices, or dietary supplements or any equipment or materials used to manufacture pharmaceutical drugs, medical devices, or dietary supplements.(Note: This summary applies to this bill as enacted.)

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