Pre-Emption Bill Addressing Auxiliary Containers Advances to Full House

State legislation that would pre-empt local governments from banning or taxing the sale, use, or consumption of auxiliary containers (such as single-use plastic or paper bags) was advanced to the full House this week. The House State and Local Government Committee voted 8-6 to approve House Bill 242, although passage by the full House before fall is unlikely due to the upcoming summer recess.

The bill comes after Cuyahoga County banned most large retailers from distributing single-use plastic bags. Bexley near Columbus and Orange Village near Cleveland have passed their own plastic-bag bans, while cities like Cincinnati have explored taxing them to discourage their use.

The OMA supports HB 242. When local jurisdictions enact restrictions or outright bans on certain products or product content — or impose mandates to label certain products, or place a tax on certain products — it makes it difficult for Ohio manufacturers to comply. Nationwide, 13 states have already passed pre-emption laws similar to HB 242 to avoid a patchwork of local restrictions. 6/27/2019