Carry out bags

Paper grocery bags from the Ypsilanti Food Co-Op on June 1, 2016.

(Junfu Han | The Ann Arbor News)

ANN ARBOR, MI -- If you don't bring your own reusable bags when you go grocery shopping, it could cost you.

Washtenaw County commissioners voted 6-2 Wednesday night to approve a new carryout bag ordinance that imposes a 10-cent fee on consumers for every disposable bag they receive at retail grocery stores in the county.

That includes both paper and plastic.

The ordinance is intended to eliminate unnecessary waste and incentivize people to be more environmentally conscious.

Washtenaw County Commissioner Ronnie Peterson, D-Ypsilant, used grocery bags as props as he argued against a 10-cent bag tax on June 1, 2016.

However, there's pending state legislation that could take away the county's ability to impose such regulations.

Senate Bill 853 passed through the state Senate on May 10 and awaits approval from the state House.

The county plans to hold off on actively enforcing the new ordinance until Earth Day next year, which is April 22, 2017.

That gives retail grocery stores and consumers time to prepare for the implementation of the regulations.

The ordinance was opposed by Commissioners Dan Smith, R-Northfield Township, and Ronnie Peterson, D-Ypsilanti.

Ruth Ann Jamnick was absent.

Peterson said he supports the intent of the ordinance, but he doesn't like the idea of imposing fees on consumers. He said he's worried it would be a burden to low-income people, who would have to show valid proof that they're on government welfare to be exempt from the 10-cent bag fees.

"I don't tax poor people," Peterson said as he voted against the fees, saying he supports the rest of the ordinance.

Peterson brought a paper grocery bag stuffed full of plastic bags from local stores as props to support his arguments Wednesday night. He dumped them on the board table and held them up in the air.

He argued many people double bag their groceries, which would mean 60 cents in fees for three bags of groceries.

Commissioner Yousef Rabhi, D-Ann Arbor, said he doesn't think it's too onerous to reuse bags, whether that means having a dedicated set of reusable totes or simply reusing paper and plastic bags from grocery stores. He said many people already do this on their own and it's not that hard.

Commissioner Andy LaBarre, D-Ann Arbor, called the passage of the ordinance a bold, intelligent step forward for the county. He said it's absolutely morally and economically the right thing to do.

"Please vote this sucker through tonight. It's a good thing," he urged his fellow commissioners before the vote.

Dan Smith argued the county should take more time to work on the ordinance before approving it. He said it's unlikely the state House would act on the pending state legislation before the lame-duck session in November and December, so he believed there was time to spare. He also has questioned whether the county has the authority to adopt such an ordinance.

Rabhi said he thinks the ordinance has been well vetted by county staff, who have worked on it for many months, and he feels good about the ordinance as currently worded. He emphasized that it only applies to grocery stores -- not places such as a shoe shop at the mall or a fast-food restaurant.

He said the county looked at ordinances across the country in crafting a local ordinance for Washtenaw County, and the experience in other places has been that people generally are willing and able to easily comply.

He said it's his understanding that the county ordinance would be nullified if the state legislation passes and is signed into law by Gov. Rick Snyder.

If that doesn't happen, he said, there's still room for discussion in the coming months regarding whether the ordinance should be tweaked in any way.

Commissioner Conan Smith, D-Ann Arbor, said he would prefer to do a lot more, but Rabhi convinced him the current draft is an adequate start.

He said there are ways to make the implementation of the ordinance a smooth process, and he suggested the county might be able to allocate some money to help grocers provide reusable bags to customers.

Grocers would retain 20 percent of the fees, described as "eco-fees," with the remaining 80 percent -- along with any fines for violations -- going to the county to further the county's Solid Waste Management Plan.

Fees retained by grocers would be intended to develop and provide educational resources to customers, the public and employees about the ordinance, the ecological benefits of reusable bags, and proper end-of-life management and recycling of disposable carryout bags.

All retail grocery stores would have to report to the county quarterly with the total number of disposable paper and plastic carryout bags provided, the amount of money collected from fees, and a summary of efforts undertaken to promote use of reusable bags by customers. It's expected implementation of the ordinance would require hiring another part-time or full-time county employee.

The county estimates annual plastic-bag waste-management costs exceed $200,000 for the two publicly owned material recovery facilities in the county.

Annual costs to the facilities include regular damage to equipment, decreased operations and labor efficiencies, increased residual waste-to-landfill costs and jeopardized commodity market values, county officials say, noting the facilities are unable to recycle any plastic-bag waste.

Ryan Stanton covers the city beat for The Ann Arbor News. Reach him at ryanstanton@mlive.com.