(Source: MIRS.news, Published 03/31/2023) Sen. Sue Shink (D-Ann Arbor) is aiming to revoke a nearly 7-year-old ban in Michigan prohibiting local governments from adopting ordinances that outlawed plastic bags and other disposable containers.
"Local governments are better positioned to respond to local needs when they can implement programs that directly benefit their communities," Shink said in a March 23 press release. "The repeal of this 'ban on bans' removes unnecessary involvement from the state so that local governments' policies reflect the population they serve. This legislation is a win-win for both the environment and for local government."
In December 2016, during Republican Gov. Rick Snyder's administration, an act was approved to officially preempt local ordinances from regulating the use, disposition or sale of "certain containers," especially plastic bags. Under Public Act 389 of 2016, a municipality's ordinances were barred from prohibiting or imposing any fees on bags and similar containers.
As of February 2021, the National Conference of State Legislatures (NCSL) reported that Michigan was one of 18 states with a preemption, including Ohio, Indiana, North Dakota, Arizona, Texas and Florida.
While the Snyder-era bill was being debated, Washtenaw County commissioners approved 6-2 a carryout bag ordinance requiring consumers to pay a 10-cent fee for each disposable bag they received from a retail grocery store.
There was a cost-savings element to the then-board's decision to impose a 10-cent fee, as the county estimated that more than $200,000 was being spent annually on the waste management of plastic bags at its two publicly-owned material recovery facilities.
Shink was not a Washtenaw County commissioner during the time the board announced the state law blocked the ordinance from taking effect in 2017. However, the Democratic senator was a commissioner for the county from 2019 to the end of 2022, and was chair of the board from January 2021.
More than 2,600 miles away from Washtenaw County, California became the first state in the country to enact a statewide ban on single-use plastic bags at large retail stores in August 2014, additionally instructing certain stores to charge at least 10 cents for recycled paper bags, reusable plastic bags and compostable bags when a customer didn't shop with their own.
From 2011 through 2015, some of Hawaii's most populous counties, including Honolulu, banned non-biodegradable plastic bags and paper bags composed of less than 40% recycled materials at store checkouts.
Some environmental groups are asking Michigan to have similar enforcement on plastics in Michigan, especially after the Rochester Institute of Technology reported that more than 22 million pounds of plastic pollution make their way into the Great Lakes annually.
"Plastic pollution is disastrous to human, animal, and ecosystem health and nearly all plastic is not actually recyclable. Moreover, we know that most plastic bags, for example, end up in landfills or directly polluting Michigan's beautiful rivers, forests, and other iconic landscapes," said Ann Arbor City Sustainability and Innovations Director Missy STULTS in Shink's press release. "We can and should do better and that's why we are excited to see this bill introduced."
SB 228, Shink's bill was referred to the Senate Energy and Environment Committee.
