2016 Senate Bill 853 / Public Act 389

Preempt local plastic bag bans

Introduced in the Senate

March 15, 2016

Introduced by Sen. Jim Stamas (R-36)

To preempt local governments from imposing regulations and restrictions on plastic grocery bags or other "auxiliary containers," defined as a disposable or reusable bag, cup, bottle, or other packaging. At least two counties are reportedly considering bag bans.

Referred to the Committee on Commerce

April 28, 2016

Reported without amendment

With the recommendation that the bill pass.

May 10, 2016

Amendment offered by Sen. Curtis Hertel (D-23)

To still allow local voters to ban plastic grocery bags.

The amendment failed 11 to 26 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To give local governments 20 months to enact plastic grocery bag bans.

The amendment failed 11 to 26 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To mandate that stores to accept plastic grocery bags returned by consumers for recycling, and then reuse or recycle them.

The amendment failed 10 to 27 (details)

Passed in the Senate 25 to 12 (details)

Received in the House

May 10, 2016

Referred to the Committee on Commerce and Trade

Sept. 20, 2016

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Nov. 30, 2016

Amendment offered by Rep. Jeff Irwin (D-53)

To allow Washtenaw County to continue enforcing its bag tax, and allow others to impose a bag tax or ban if they act before 2018.

The amendment failed by voice vote

Dec. 1, 2016

Passed in the House 62 to 46 (details)

To preempt local governments from imposing regulations, restrictions or taxes on plastic grocery bags or other "auxiliary containers," defined as a disposable or reusable bag, cup, bottle, or other packaging. Washtenaw County has already imposed a bag tax and reportedly others are considering bans.

Signed by Gov. Rick Snyder

Dec. 28, 2016