Scottsdale cannot enforce a plastic bag ban or fee. A.R.S. § 9-500.38 declares regulation of auxiliary containers a matter of statewide concern, preempting all Arizona cities and towns. Scottsdale's Solid Waste Division promotes voluntary plastic-film recycling at retailer drop-offs.
A.R.S. § 9-500.38, enacted by the Arizona Legislature in 2015 (S.B. 1241), provides that 'the regulation of the sale, use and disposition of auxiliary containers is a matter of statewide concern' and 'is not subject to further regulation by a city or town.' Auxiliary containers include bags, cups, bottles, and packaging in all common materials. Scottsdale has never enacted a bag ordinance and the Phoenix-area cities of Tempe, Mesa, Chandler, and Gilbert have all followed the same approach. Under A.R.S. § 41-194.01 (SB 1487), the Attorney General can withhold state shared revenue from any city defying the preemption — a remedy used to compel Bisbee to repeal its 2014 plastic-bag ordinance. Scottsdale's Solid Waste Division operates the Curbside Recycling program (no plastic bags accepted), the Solid Waste Transfer & Recycling Center on Hayden Road, and partners with the Bag Central Station program (Fry's, Safeway, Albertsons) for plastic-film recycling. Scottsdale's General Plan 2035 environmental goals emphasize voluntary diversion within § 9-500.38 constraints.
Scottsdale cannot fine retailers or shoppers for bag use. Bag-related litter is enforceable through Scottsdale City Code § 16-1 (Solid Waste) and A.R.S. § 13-1603 (illegal dumping). Any local bag ordinance would be void on its face under § 9-500.38 and could trigger SB 1487 enforcement against the city.
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