Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 218 (2018GS)

Sponsor

Sen. Buxton, D. G.

Final action

Senate/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms; and
• prohibits a local government entity from regulating, imposing a fee on, or taxing an auxiliary container, unless the auxiliary container is used on property owned by the local government entity.

Every vote on this bill

Bill text

CONTAINER REGULATION ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David G. Buxton
House Sponsor: 
 Michael K. McKell
LONG TITLE
General Description:
This bill enacts provisions related to the regulation of auxiliary containers.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ prohibits a local government entity from regulating, imposing a fee on, or taxing an
auxiliary container, unless the auxiliary container is used on property owned by the
local government entity.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
11-58-101
, Utah Code Annotated 1953
11-58-102
, Utah Code Annotated 1953
11-58-201
, Utah Code Annotated 1953
11-58-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-58-101
 is enacted to read:
CHAPTER 58. UNIFORM CONTAINER REGULATION ACT
Part 1. General Provisions
 11-58-101.
Title.
This chapter is known as the "Uniform Container Regulation Act."
Section 2. Section 
11-58-102
 is enacted to read:
 11-58-102.
Definitions.
As used in this chapter:
(1) "Auxiliary container" means a bag, cup, package, container, bottle, or other
packaging that is:
(a) made of:
(i) cloth;
(ii) paper;
(iii) plastic, including foamed plastic or expanded plastic;
(iv) cardboard;
(v) expanded polystyrene;
(vi) corrugated material;
(vii) aluminum;
(viii) glass;
(ix) postconsumer recycled material; or
(x) any material or substrate similar to the materials listed in Subsections (1)(a)(i)
through (ix), including coated, laminated, or multilayer substrates; and
(b) designed to be:
(i) reusable or single-use; and
(ii) used to consume, transport, or protect merchandise, food, or beverages from or
within a food service or retail facility.
(2) "Local government entity" means a county, city, town, metro township, local
district, special service district, community reinvestment agency, conservation district, or
school district.
Section 3. Section 
11-58-201
 is enacted to read:
Part 2. Local Regulation of Auxiliary Containers
 11-58-201.
Limitation on local regulation.
(1) A local government entity may not:
(a) regulate, prohibit, or restrict the use, disposition, or sale of an auxiliary container;
or
(b) impose a fee or tax on an auxiliary container, regardless of whether the fee or tax is
at the retail, manufacturer, or distributor level.
(2) A local government entity's action that violates Subsection (1) is invalid.
(3) This section preempts any local government entity's action that violates Subsection
(1), regardless of when the local government entity took the action.
Section 4. Section 
11-58-202
 is enacted to read:
 11-58-202.
Scope.
(1) This chapter does not affect:
(a) a local government entity's authority to regulate solid waste, operate a commercial
or curbside recycling program, or designate one or more commercial or residential recycling
locations; or
(b) any agreement related to the disposal of solid waste.
(2) The provisions of this chapter do not apply to the use of an auxiliary container on
property owned by a local government entity.
Legislative Review Note
Office of Legislative Research and General Counsel