At-Store Recycling Program

Local Government Roles and Restrictions

Roles

A city, county, or other public agency may do the following:

• Ensure that a store is in compliance.
• Review and analyze store records.
• Pursue civil penalties.
  • A city, county, or the State may seek civil penalties in the amount of five hundred dollars ($500) for the first violation of the statute, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and subsequent violation for those who do not comply with the statute.
• Adopt, implement, or enforce any local ordinance, resolution, regulation, or rule governing curbside or drop off recycling programs operated by, or pursuant to a contract with, a city, county, or other public agency, including any action relating to fees for these programs.

Restrictions

A city, county, or other public agency shall not adopt, implement, or enforce an ordinance, resolution, regulation, or rule to do any of the following:

• Require a store that is in compliance with the statute to collect, transport, or recycle plastic carryout bags.
• Impose a plastic carryout bag fee upon a store that is in compliance with the statute.
• Require auditing or reporting requirements, which are in addition to maintaining the records as listed in the “Store Requirements”, on a store that is in compliance with the statute and law.

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