PLASTIC BAGS – Repeals existing law preempting local regulation of auxiliary containers, including plastic bags.

68th Legislature, 1st Regular Session (2025) Introduced by Ilana Rubel

Repeals Idaho's state preemption on auxiliary containers, restoring local control for plastic bags; cities/counties can regulate or ban, effective immediately via emergency clause.

Reported Printed; Filed in the Office of the Chief Clerk

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Idaho H 70 Summary

Overview

House Bill No. 70 (H 70) would repeal Idaho’s state-level preemption of local regulation of auxiliary containers, including plastic bags, thereby restoring local governments’ authority to regulate or ban such containers. The bill includes an emergency clause, making it effective immediately upon passage and approval.

What the bill does

Repeals Section 67-2340, Idaho Code, which currently preempts local regulation of auxiliary containers (e.g., plastic bags).

Restores local control over whether and how to regulate auxiliary containers within cities and counties.

Declares an emergency, so the act would take effect on and after passage and approval.

Key provisions

Section 1: Repeals Idaho Code § 67-2340 (the state preemption provision related to auxiliary containers).

Section 2: States that an emergency exists; the act becomes effective immediately upon passage and approval.

Fiscal note and impact

The fiscal note states there is no impact on the General Fund or on county/local government funds.

By returning regulatory authority to local governments, the bill would not, per the notice, incur state-level costs and would shift any related costs to localities as determined by their own regulations.

Legislative status and sponsors

Introduced: January 28, 2025.

Legislative actions: Introduced and read first time on 01/28/2025; referred to JRA for printing; Reported Printed; Filed in the Office of the Chief Clerk on 01/29/2025.

Primary sponsor: Rep. Ilana Rubel.

Co-sponsors (per documents): Rep. Berch, Rep. Church; Senator Rabe.

Who would be affected

Local governments (cities and counties) would gain authority to regulate auxiliary containers, including plastic bags, through local ordinances, fees, bans, or other regulatory approaches.

Businesses and residents would be subject to local regulations once enacted by municipalities or counties.

State agencies would no longer preempt local actions in this area.

Context and implications

This bill shifts authority from the state to local jurisdictions, enabling municipalities and counties to address environmental and waste-management goals related to plastic bags and other auxiliary containers.

Because the emergency provision is included, any local regulations could apply immediately upon enactment, without a waiting period.

The bill’s subject aligns with topics related to local governance, business entities, foodservice operations, and municipal/county regulatory power.