Overview
- Rep. Morgan Foreman (D-Ann Arbor) and Sen. Sue Shink (D-Northfield Twp.) are leading efforts to repeal Michigan’s 2016 preemption law (via HB 4359 and SB 182), which currently prevents local governments from banning or regulating plastic bags. Their goal is to give municipalities the authority to adopt waste-reduction policies that align with local values and environmental priorities.
- Before the 2016 ban, Washtenaw County passed a 10-cent fee on plastic bags to reduce litter and promote reusable alternatives. However, the state law nullified their ordinance before it took effect. The county’s blocked effort is now cited by advocates as a clear example of why local control needs to be restored to address plastic waste at the community level.
- A 2024 report by the Alliance for the Great Lakes found that 86% of litter collected on Great Lakes beaches was plastic-based—bags, bottles, and wrappers among the top items. Advocates for repealing the preemption law argue that enabling local bans or fees could significantly reduce this pollution and protect Michigan’s freshwater ecosystems.
- Opponents, including the Michigan Retailers Association and some Republican lawmakers, argue that local bag ordinances would create a fragmented regulatory landscape. They’re concerned about added compliance costs for businesses operating in multiple jurisdictions and potential burdens on small retailers and low-income consumers.
- The repeal legislation is currently under review in committee but faces strong headwinds in the Republican-controlled Michigan House. While Democrats and environmental groups are advocating for local empowerment and pollution reduction, Republicans and business advocates are pushing back, citing economic disruption and the need for statewide consistency.
- State Rep. Morgan Foreman (D-Pittsfield Twp.) and Sen. Sue Shink (D-Northfield Twp.) introduced legislation that would restore local control and aid community efforts to control litter and waste. House Bill 4299 and Senate Bill 195 would allow localities to implement plastic bag bans, limit the use or sale of plastic bags and impose a fee or tax on certain containers.
Transcription
David Fair: This is 89.1 WEMU, and welcome to this week's edition of Issues of the Environment. I'm David Fair, and today, we're going to talk plastics--plastic bags, in specific. When you go to the grocery store or supermarkets if you aren't using your own reusable bags, you've likely been asked the question: "Paper or plastic?" Well, statistics show that most choose plastic, and most of those bags end up in landfills. There have been efforts to ban or regulate the use of plastic bags here in Washtenaw County and communities across the state. But in 2016, the state Legislature passed a measure taking the right of municipalities to enact such measures away. A reversal of that legislation is at the heart of the bill sponsored by State Representative Morgan Foreman. And I'm glad to say the Ann Arbor Democrat is our guest today. Thanks for making time! I'm truly appreciative!
Rep. Morgan Foreman: Thank you for having me, David!
David Fair: You are in your first term in office, but, prior to your election, you were working closely with your predecessor, Felicia Brabec. I know she had introduced a similar measure while she was in office. So, was this an issue that was already on your radar prior to winning election?
Rep. Morgan Foreman: Yes. So, when I first began working for Representative Brabec, I asked her, "What are some of your legislative priorities?" And this was one of the first bills that she had mentioned. And so, through my time with her in the Legislature, it went through a couple of different cycles. And I also believe that Representative Yousef Rabhi also introduced something very similar, who's now county commissioner. And so, it was something that I feel is near and dear to Washtenaw County, especially I feel like it's something that we kind of own is the plastic bag ban. And so, it was something I wanted to put forth again, even though it's very confusing. Like, we say "plastic bag ban." We're not actually banning plastic bags. I think it's something that we need to do in this state to preserve our natural resources. We have such beautiful natural resources here in Michigan, and it's one of the things that I boast about when I'm in other states.
David Fair: Now, you were constituency services director for Representative Brabec, meaning you were having direct contact with 33rd district residents. And since being elected, you have regularly met with your constituency. Is this something that they have expressed to you is of importance?
Rep. Morgan Foreman: It's one of those things that people don't think about until they hear about it, right? And especially in the Ann Arbor portion of my district, there are a lot of people who use either paper bags or reusable bags or recyclable materials. And that's just because that's Ann Arbor, and we're sort of conscious of that type of thing. When they find out that's what I'm doing, they're like, "Oh, that's great!" I've even had some conversations with people in other municipalities, like Detroit, and they have said, "This is something that we really want to prevent drain clogs and different types of pollution." This bill is about just returning or just repealing PA 389 that was signed in 2016--repealing that and returning the control to municipalities to say, "Hey, we will allow plastic bags or you know what? We don't want to allow plastic bags. Here are alternative containers." People really like the idea of local control and helping preserve the environment.
David Fair: Our Issues of the Environment conversation with State Representative Morgan Foreman of Ann Arbor continues on 89.1 WEMU. You mentioned local control, and this is an issue we see coming to the fore more frequently. We see it in the debate over whether the state should be able to supersede local governance in siting wind and solar farms. And we see it the argument over things like this--plastic bags. Local control used to be viewed as a pillar of the Republican Party platform. Why do you think that has changed?
Rep. Morgan Foreman: I think that's changed because our local governments, especially like an environmental issue like this, are at the forefront of our fight against climate change and pollution. And so, they should have the ability to make these regulations if they want to protect their land, air and water and the future of their residents. So, I think it used to be mostly a Republican thing because the Republicans are always like "less big government." But I think that it's become really a bipartisan value, actually. Municipalities can make their own. It can legislate what they need to do on their own. And I also want to kind of go back to something we talked about earlier. This was passed in Washtenaw County by the Board of Commissioners, at one point, to impose a 10-cent tax on all plastic shopping bags.
David Fair: Yeah. That was in 2016, right before the state law passed.
Rep. Morgan Foreman: Yeah, right before the state law passed. And I don't necessarily know if taxing the bags that 10 cents, especially in this economy, is the best way to go about things, but I do know that local government should be allowed to put these regulations in place if they believe it will protect their land and residents from pollution.
David Fair: That was certainly the idea back in 2016 when the Board of Commissioners did vote on that 10-cent-per-bag fee for plastic bags. And that was very much about local control. So, as we move through 2025, what kind of feedback are you getting from not only the Board of Commissioners, but the other local units of government in Washtenaw County when it comes to regulatory controls.
Rep. Morgan Foreman: I have not engaged with them, and they have not engaged with me on this. But what I've heard from other stakeholders across the state is that people, they want more local control with some things, especially things like this. However, there's a caveat to that, for me, is that we can have the control to do what we want to do with some things locally, but some things have to be regulated by the state and even by the federal government. I don't think that every bit of legislation that we pass should be able to be picked apart by a municipality and whatever they want to do. And I'm also on the Natural Resources and Tourism Committee, and I was actually very glad to be selected for that committee because I am very much a proponent of the environment. And it's very important for me to protect it and to be a good steward of the land. And I think also being a good steward of the land is also letting the people in charge of that land take care of that land. And I am not in charge of all the lands in Michigan. I am District 33's emergency contact, as the kids on TikTok would say. So, I want to do what's best for what my residents think, but also, like I said, a smaller municipality may not want to enact the ban, and that's fine. They may not want to enact a tax or a fee or anything, and that's fine. They should have the right to do that.
David Fair: Not only are you introducing this bill in the state House, but a companion measure is being introduced in the state Senate by your colleague from Washtenaw County, Senator Sue Shink. Where in the process are these bills right now?
Rep. Morgan Foreman: My bill has been referred to the Committee on Regulatory Reform, I believe, and I have not been contacted by the chair or anyone from that committee to testify. And I honestly do not know where Sue's bill is right now. You know, our Legislature is in divided government right now. We have a Republican-controlled House and a Democratically-controlled Senate. And so, the reason that we introduced these bills as companion bills is because at least one may make it across the finish line. We have repeatedly heard that some of these issues--environmental issues and things like that--will not be taken up while our House Republicans seek to undo some of the things that they did--that we did--as a Democratic majority last term. So, Senator Shink and I are set to meet here pretty soon to discuss some of our strategies on getting one of our bills across the finish line.
David Fair: Well, it's going to be interesting to follow, and it's going to an interesting year, as the budget will have to do with every single thing introduced, won't it?
Rep. Morgan Foreman: It will! It will have to do with every single thing introduced in there. I won't get too much into the weeds on it, but there was a budget that was passed by the House that took billions of dollars out of essential services for the state of Michigan. And so, I am anticipating a budget bill to come before us here pretty soon and working on that budget and getting that done for the people of the state of Michigan when we have been told that our traditional July 1st deadline,we probably won't meet. And as time is swiftly passing us by, because it is May already that we're talking about this right now, time is quickly passing us by. I am concerned about where we're how far we're going to get in the budget process before we would normally recess for summer and to have time to spend in our communities and really hear from the people and what we've done in Lansing so far and what they would like us to continue to do in the fall. So, I'm looking forward to continuing to see what comes before the House and what we can really get done and makes the most sense for the people of the state of Michigan and the people in District 33.
David Fair: Well, we'll certainly have occasion to talk again then. I appreciate your time today and the conversation!
Rep. Morgan Foreman: Thank you, David! I appreciate it as well! And I look forward to talking to you again!
David Fair: That is 33rd District State Representative Morgan Foreman of Ann Arbor. For more information on the bill she's introduced in the House and the companion legislation introduced in Lansing by State Senator Sue Shink, stop by our website at WEMU.org. Issues of the Environment is produced with support from the office of the Washtenaw County Water Resources Commissioner, and you hear it every Wednesday. I'm David Fair, and this is your community NPR station, 89.1 WEMU-FM Ypsilanti. Celebrating 60 years of broadcasting from the campus of Eastern Michigan University!
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