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Thursday, February 04, 2016

Ind. Gov't. - "Home rule and plastic bags" - blowing in the wind ...

Indiana has home rule except when it doesn't. Megan Banta wrote Tuesday in a Bloomington Herald-Times blog:

There’s a bill moving through the General Assembly that could leave an initiative to ban single-use plastic bags in Bloomington dead in the water.

The proposal, authored by a Republican from southwestern Indiana, would eliminate the ability of local government entities to regulate single-use and retail containers, whether reusable or disposable.

Specifically, local governments wouldn’t be able to adopt of enforce ordinances or resolutions to prohibit, restrict, charge fees for or tax the usage of these containers, should the law pass.

That means that efforts by the group Bring Your Bag Bloomington, which hopes to get an ordinance through city council that would first charge for and then ban single-use plastic bags, wouldn’t ever see a result.

And it means if any cities, counties, towns, etc. have similar ordinances (though none in Indiana do, to our knowledge), they wouldn’t be able to enforce them.

The proposal does allow for exemptions in the cases of recycling, whether though a drop-off location or curbside service offered by a locality, and in the case of events organized, sponsored or permitted by a city or similar unit or that take place on government property.

If passed into law, the bill would be effective immediately.

The bill, HB 1053, has passed the House.

Posted by Marcia Oddi on February 4, 2016 10:00 AM
Posted to Indiana Government