No. HB 629
Filed under Environment & Water.
Regulation of Auxiliary Containers; Preempts regulation of auxiliary containers to state; authorizes rules, regulations, & ordinances restricting use of glass auxiliary containers within boundaries of public beach or state park; authorizes Division of Recreation & Parks to regulate auxiliary containers within state parks.
Plain English Summary
AI-GENERATEDRegulation of auxiliary containers -- bags, cups, bottles, cans, and similar packaging -- stays expressly preempted to the state. Local and state agencies may not enact or enforce any container rule unless a general law specifically authorizes it.
Local governments and state agencies alike may adopt rules restricting glass auxiliary containers -- reusable or single-use -- within the boundaries of any public beach or state park in their jurisdiction.
Separately, DEP's Division of Recreation and Parks may adopt its own rules regulating any auxiliary container, not just glass, specifically within state parks, consistent with the agency's existing park-management law.
AIRegulation of auxiliary containers -- bags, cups, bottles, cans, and similar packaging -- is expressly reserved to the state, and no local government, local agency, or state agency may regulate them unless a general law specifically authorizes it.
AIAny local government, local agency, or state agency may adopt rules restricting glass auxiliary containers -- not just single-use ones -- within the boundaries of a public beach or state park in its jurisdiction.
AIThe Division of Recreation and Parks may adopt its own rules regulating any auxiliary container, not just glass, specifically within state parks, tied to the state park management statute.
AIThe preemption is broadened to bar not just enacting new local auxiliary-container rules but also enforcing ones already on the books, unless a general law specifically authorizes them.
AIDefines "auxiliary container" broadly to include reusable or single-use bags, cups, bottles, cans, or other packaging made of numerous materials, distributed at food establishments or retailers, setting the scope for the whole preemption scheme.