Arizona Revised Statutes (ARS)
A.R.S. 49-836 Solid Waste Landfill Disposal Fees
A.R.S. 49-837 Recycling Fund; Use; Advisory Committee
AZ Central Article - Arizona lawmakers want to restore recycling fund. But environmentalists fear one addition
A.R.S. 9-500.38
Summary: This statute is a preemptive law—a law designed by higher levels of government to prevent lower levels of government from implementing policies of their choosing—designed to restrict waste management policies that municipalities can implement. A.R.S. 9-500.38 is commonly known as “the ban on bans,” because it was originally implemented by the state legislature to prevent several AZ cities from implementing plastic bag bans; however, it preempts much more than first-generation bag bans. It limits all cities and towns in Arizona from making any type of legislation that regulates the sale, use, and disposal of “auxiliary containers,” preempting any legislation on single-use packaging or reusable packaging. “Auxiliary containers” include any type of packaging used to transport a product from any point in its transportation journey to the consumer (e.g., Styrofoam, plastic wrap, bottles, bags) and includes both single-use and reusable packaging. As a result, there are four categories of laws that cities and towns cannot legally implement.
1. Legislation regulating the sale of auxiliary containers, such as bans, taxes or incentives.
2. Deposit refund schemes: A recycling system in which a charge is added to a product in recyclable packaging to incentivize returning the packaging after use and receiving that charge back in return.
3. Legislation that incentivizes or mandates recycling for businesses, commercial buildings, or multifamily house.
4. Legislation that incentivizes or mandates minimum recycled contents in auxiliary containers
This legislation was first introduced and passed in 2015, but it came into hot water after the court case Kuby v. Arizona, where it was deemed unconstitutional for introducing two different laws—the auxiliary container ban and the energy benchmarking ban—in one piece of legislation. The ‘ban on bans’ returned in 2016 as HB2131. The support for the preemptive law included various city chambers of commerce, Arizona Petroleum Marketers Association, Arizona Food Market Alliance, Arizona Multihousing Association, Arizona Realtors Association, AZ Retailers Association, and National Federation of Independent Business. Only one commenter for support was a commenter for ‘self’ (without a lobbyist group). The opposition included many members of the public, The Sierra Club, The League of Arizona Cities and Towns, Tucson, and Phoenix.
A.R.S. 11-269.16
Contains the same regulatory language as ARS 9-500.38 but is directed at counties instead of cities and towns.
Bills by year
2023
SB 1247 AMENDING SECTION 49-784, ARIZONA REVISED STATUTES; RELATING TO SOLID WASTE MANAGEMENT.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Appropriation; department of environmental quality; recycling fund; exemption
A. The sum of $2,500,000 is appropriated from the recycling fund established by section 49-837, Arizona Revised Statutes, in fiscal year 2023-2024 to the department of environmental quality for the purposes provided in section 49-837, subsection B, paragraph 1, Arizona Revised Statutes.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
SB 1103: Repealing sections 9-500.38 and 11-269.16, Arizona Revised Statues;
Amending Section 44- 1648, Arizona revised statutes; amending Title 49; Chapter 4, Article 4, Arizona Revised Statues, By Adding Section 49-775;
Repealing laws 2016, Chapter 28, Section 5; relating to solid waste
This bill was read but did not leave committee. See summary of bill language below.
Section 1 Repeals both Regulations “Prohibition on regulation of auxiliary containers; state preemption; definition” A.R.S. 9-500.38 (cities and towns) and A.R.S. 11-269.16 (counties)
Section 2 Amends 44-1648 “Preemption; power of local authorities; city, town or county licensing system” to removes all references to A.R.S. 9-500.38 and A.R.S. 11-269.16.
Section 3. Adds 49-775 Single-use plastics: consumer request: fee
A person that sells retail groceries, food or beverages for use or consumption offsite or onsite can only provide single-use straws, cutlery, plates, drink stirrers, or single-use bags if a customer requests them. Additionally, customers must pay a charge of $0.05 per bag to the seller.
Section 4. Repeals laws 2016, chapter 28, section 5
2022
SB 1101: Polystyrene foam food packaging; prohibition
This bill was read but did not leave committee. See summary of bill language below.
Starting January 1, 2024: Restaurants or food establishments cannot use polystyrene foam containers (i.e., containers made of expanded polystyrene foam) to serve food or beverages to be consumed in the establishment.
Starting January 1, 2025: Restaurants, food establishments, hotels, motels, and resorts may not serve or package prepared food or beverages (whether prepared on the premises or elsewhere) in polystyrene foam containers or provide polystyrene foam containers for use with food and beverages.
Starting January 1, 2026: Food packagers in the state cannot package food in polystyrene foam containers (includes meat, eggs, bakery products, etc.). However, packagers can apply to the Arizona Department of Environmental Quality for exemption, and it can be granted for the following reasons:
1. There are no acceptable alternatives to polystyrene foam containers,
2. The use of alternatives would cause undue hardship (won’t work for a particular applicant or complying with the prohibition would deprive a person of a legally protected rights) 3. Polystyrene is necessary for transportation, construction, health, or safety.
ADEQ can adopt rules to implement and enforce these rules, including establishing a fee to apply for exemption.
2021
SB 1156
This bill, passed in the 2021 legislative session amends 49-701; 49-701.01, 49-761 and 49-837. The primary goals of these amendments were to define advanced recycling processes and facilities, exempt them from solid waste or solid waste facility classifications and subsequent regulations, and allow them to receive monies through the recycling fund (49-837).
The amendment to Section 49-701—“Definitions”—adds definitions to several new terms including: “advanced recycling”, “advanced recycling facility”, “post-use polymer”, “gasification”, “depolymerization”, “pyrolysis”, “recovered feedstocks”, “solvolysis”
“Recovered feedstocks” are materials processed to be used in an advanced recycling facility. They can be materials that the US EPA has classified as a feedstock and not solid waste, or “post-use polymers”. A post use polymer is a plastic derived from industrial, commercial, agricultural, or domestic activities. They cannot be solid, hazardous, or municipal waste, and cannot be mixed with solid waste or hazardous waste. However, they may contain residual amounts of solid waste and incidental contamination. For example, a plastic bag with a paper label or small amounts of residual organic matter can be classified as a post-use polymer.
"Advanced recycling” is the process of converting recovered feedstocks, typically plastics, (defined below) into a valuable, reusable product (defined below). This is done through pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, and other similar technologies (definitions are provided below).
Depolymerization, gasification, pyrolysis and solvolysis are all processes included in advanced recycling. Depolymerization is a process to convert post-use polymers into valuable products. Gasification is a process where recovered feedstocks are heated and converted to a mixture of fuel and gas in an oxygen-deficient atmosphere. This mixture is then converted to valuable products. Pyrolysis melts post-use polymers in the absence of oxygen and then cools them to create valuable products. Solvolysis—which includes hydrolysis, aminolysis, methanolysis, glycolysis—is a process to purify post-use polymers with solvents to remove additives and contaminants. This produces polymers capable of being recycled or reused without having to be reverted back to the simplest chemical form.
The valuable raw, intermediate and final products of advanced recycling include: monomers, oligomers, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, other fuels, ethanol, and other basic hydrocarbons.
An “advanced recycling facility” receives, stores, and converts recovered feedstocks using advanced recycling processes. These facilities are subject to applicable provisions of law and department rules for air quality, water quality and land use and routine inspections by ADEQ to ensure compliance. They also must provide a one-time notice of the facility’s location to the ADEQ upon opening. They are not classified as solid waste facilities. The following cannot be classified as advanced recycling facilities: solid waste facilities, processing facilities, treatment facilities, materials recovery facilities, recycling facilities and incinerators.
Section 49-701.01—Definition of solid waste; exemptions—legally defines solid waste. This bill amended this statute to EXCLUDE recovered feedstocks processed through advanced recycling from being classified solid waste. However, to maintain this exclusion advanced recycling facilities must: (1) control for wind and surface dispersion so feedstocks do not pose public health risks, environmental health risks, or public nuisances, (2) prevent discharge of hazardous substances to surface water, groundwater or subsurface soil that could create public health risks, environmental risks, or public nuisances, (3) properly store recoverable feedstocks and post-use polymers to prevent them from becoming a nuisance, vector breeding ground or fire hazard, and (4) uses materials within 90 days. Facilities can receive permissions through state or local government agreements to extend storage periods to 120 days.
This bill amended the recycling fund (49-837), by expanding the possible uses of grants or contracts, provided through this fund, to include new technologies. This makes advanced recycling facilities, companies, and projects eligible for financial support through the recycling fund.
Finally, Section 49-761—Rulemaking authority for solid waste facilities; exemption; financial assurance; recycling facilities—outlines rules for the storage, processing, treatment, and disposal of solid waste. This was slightly amended for clarity but was not changed for meaning. However, because advanced recycling facilities are not defined as solid waste facilities, they are not subject to the rules in this section.