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Waste & Recycling February 10, 2016 10:30:39 AM

Indiana bill prohibits fees and ban on plastic bags and EPS containers

Paul Ploumis
ScrapMonster Author
The Indiana House of Representatives has passed a bill that prohibits local governments from imposing ban or fees on plastic bags and EPS food containers.

Indiana bill prohibits fees and ban on plastic bags and EPS containers

FORT WAYNE (Scrap Monster): The Indiana House of Representatives has passed a bill that prohibits local governments from imposing ban or fees on plastic bags and EPS food containers. House Bill 1053, introduced by Republican Reps. Jim Lucas and Ronald Bacon, was passed by the House in a 61-32 vote. The bill is now being referred to the Senate's Commerce and Technology Committee for review.

The legislation prohibits a local government unit from regulating certain activities with respect to reusable or disposable auxiliary containers designed for one time use or for transporting merchandise or food from food or retail facilities. HB 1053 regulates imposing any prohibition, restriction, fee or tax with respect to auxiliary containers. It defines auxiliary container as any bag, box, cup, bottle or similar container made of cloth, paper or plastic.

The prohibitions do not apply to curbside recycling programs or residential or commercial recycling locations in a unit. The bill also exempts certain activities involving auxiliary containers at events that are organized, sponsored or permitted by a local government unit or events that take place on property owned by the unit.

As per bill clause, political subdivisions that have imposed fee or tax would not be able to collect the fee or tax. However, the prohibitions of the bill are expected to have minimal effect. Currently, no municipality in the state has a ban or fee on plastic bags and EPS food containers. However, the bill may halt the efforts of Indianapolis and Bloomington city council members to propose bag ban or fees.

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