Tucson cannot enforce a plastic bag ban or fee. A.R.S. § 9-500.38 declares regulation of auxiliary containers a matter of statewide concern and prohibits city or town rules on bags, cups, bottles, or similar packaging. Tucson's Environmental & General Services Department promotes voluntary reusable-bag programs and Bag Central Station drop-offs.
A.R.S. § 9-500.38, enacted in 2015 (S.B. 1241), bars Arizona cities and towns from regulating 'auxiliary containers' — broadly defined to cover bags, boxes, cups, bottles, cans, and similar packaging in all common materials. The Tucson City Council discussed a bag ordinance in 2014 but did not adopt one; the 2015 preemption foreclosed the option. Bisbee, Cottonwood, and Flagstaff likewise dropped or repealed bag measures. The Arizona Attorney General can enforce preemption under A.R.S. § 41-194.01 (SB 1487) by withholding state shared revenue from non-compliant cities. Tucson's Environmental & General Services Department now operates the Tucson Recycles curbside blue-bin program (which excludes plastic bags), the Plant a Tree program, and partners with Bag Central Station at Tucson-area Fry's, Safeway, Albertsons, and Walmart for plastic-film recycling. The Pima County Sustainable Action Plan also emphasizes voluntary diversion under § 9-500.38 limits.
No bag-specific city violations exist. Tucson enforces general litter under Tucson City Code Chapter 16 (Public Health and Safety) and A.R.S. § 13-1603 (illegal dumping), neither of which targets bag use. Any future Tucson bag ordinance would be void under § 9-500.38 and could trigger SB 1487 shared-revenue withholding.
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