Title
Environmental Commission Resolution Supporting SB228
Memorandum
The intended goal of SB228 is to return the regulatory powers over single-use plastic containers, including shopping bags, to local governmental control. 2016 PA 389 was enacted to block Washtenaw County from regulating single use plastic bags and certain other take-out containers. Single use plastics are not just an eyesore, but have emerged as a major contributor to microplastic and nanoplastic pollution impacting public and ecological health. Plastic bags also represent a major contamination problem for recycling operations, since they gum-up the machinery and require line shutdowns to extricate them and re-start operations. The Washtenaw County Board of Commissioners has already passed a similar resolution <https://hillsdale.diligent.community/document/3067653c-959f-45bc-aebc-102985391744/>.
Body
WHEREAS, In 2016, the Michigan Legislature enacted 2016 PA 389, which bars local governments from creating any ordinance that taxes or bans “auxiliary containers.” Under the statute, “auxiliary containers” include a variety of containers and materials, however the primary focus of the legislation is plastic shopping bags and single-use plastic containers; and
WHEREAS, The state’s Michigan Water Stewardship program estimates that roughly 80% of litter on the Great Lakes Shore Line is plastic and that nearly 22 million pounds of plastic debris enters the Great Lakes every year; and
WHEREAS, The United States Geological Survey found that there are 112,000 particles of microplastics per square mile of Great Lakes water, which are largely from single-use plastic bags and containers. While the effects of ingesting microplastics are still being studied, research suggests that ingestion of microplastics may cause cancer, affect development, and harm immunity in both humans and wildlife; and
WHEREAS, Michigan bears the responsibility of ensuring the health and sustainability of the Great Lakes and contributing waterways, which are a global treasure and the largest group of freshwater lakes on Earth; and
WHEREAS, Most plastic bags currently used cannot be recycled and are not biodegradable, so after a single use they remain around for years in landfills, neighborhoods, parks, waterways, and clogging wastewater treatment; and
WHEREAS, Plastic bags and other single-use containers are a pervasive form of pollution and litter in our communities which, in addition to being harmful to the environment, affects the aesthetic value and our perception of the places where we live; and
WHEREAS, Scientists across the globe have been giving increasingly alarming warnings about what will happen unless there is a global effort to address climate change. According to the United Nations Development Program, the plastics industry is the fastest growing source of industrial greenhouse gases in the world, and could account for 19% of the global carbon budget by 2040; and
WHEREAS, Nearly all of the plastics that we use currently originate from fossil fuels and emit greenhouse gases at every stage of production; and
WHEREAS, Proponents of PA 389 of 2016 argue that allowing local governments to restrict the use of plastic bags and single-use containers would be a burden on business owners and consumers, and would create confusion if local governments had different restrictions;
WHEREAS, Plastic pollution is disastrous to the health of all living things, and it requires policymakers at the local, state, national, and global level to take action to prevent further environmental catastrophe; and
WHEREAS, PA 389 of 2016 is overly broad, overly restrictive, and it inhibits local governments from being able to address their specific local environmental concerns and from exploring innovative solutions to address climate change; and
WHEREAS, SB228 would remove unnecessary involvement from the state and restore local control, allowing local governments who are better positioned to respond to local needs to implement programs that directly benefit their communities,
NOW, THEREFORE, BE IT RESOLVED, That the Environmental Commission recommends that the Ann Arbor City Council calls for the repeal of Public Act 389 of 2016;
THEREFORE, BE IT FURTHER RESOLVED, The Environmental Commission fully supports Senate Bill 228 of 2023 and recommends the Ann Arbor City Council urge the Michigan Legislature to enact Senate Bill 228, which would repeal Public Act 389;
THEREFORE BE IT FINALLY RESOLVED, That the Environmental Commission recommends the City Council to direct the City Clerk to send this resolution to the Ann Arbor delegations of both the Michigan State House and Senate, in addition to Governor Gretchen Whitmer.