Relating to county and city authorization to impose fees for the provision of single-use plastic bags

This bill relates to the regulation of single-use plastic bags by counties and cities. Current law prohibits a county or city from adopting or enforcing an ordinance, motion, resolution, or amendment that sets standards or requirements regarding the sale or marketing of consumer merchandise that are different from, or in addition to, any state law. The definition of “consumer merchandise” includes any container used for consuming, carrying, or transporting such merchandise. The definition of “container” includes a bag, cup, package, container, bottle, or other package, all of which are subject to specified conditions. The bill excludes single-use plastic bags from the definition of “container”, and therefore single-use plastic bags are not considered consumer merchandise. The bill defines “single-use plastic bag” to mean a bag made of plastic that is provided by a retailer to a consumer at the point of sale and that is not a reusable grocery bag, but with certain exceptions. The bill provides that the prohibition preventing counties and cities from adopting or enforcing an ordinance, motion, resolution, or amendment that sets standards or requirements regarding the sale or marketing of consumer merchandise that are different from, or in addition to, any state law does not prevent a county or city from adopting or enforcing an ordinance, motion, resolution, or amendment that sets a fee for providing a single-use plastic bag with a sale or lease of consumer merchandise.