Ohio Statewide Rule
Ohio Plastic Bag Ban Preemption (HB 242)
Key Facts
- Fees
- HB 242 preempts local plastic bag bans and fees
- Measurement
- Auxiliary containers include bags, cups, and bottles
- Fees
- Cuyahoga County bag fee invalidated by HB 242
- Measurement
- Preemption applies to all political subdivisions
- Curfew Hours
- Extended beyond initial sunset to remain ongoing
Summary
Ohio House Bill 242 preempts local plastic bag bans and fees, requiring uniform statewide treatment of auxiliary containers including plastic bags.
(B) No municipal corporation may impose any tax, fee, assessment, or other charge on auxiliary containers, on the sale, use, or consumption of such containers, or on the basis of receipts received from the sale of such containers. As used in this division, "auxiliary container" has the same meaning as in section 3767.32 of the Revised Code.
Full Breakdown
House Bill 242 took effect in 2021, codified in ORC 3767.32 and related sections, prohibiting political subdivisions from imposing taxes or fees on, or banning the use or sale of, auxiliary containers. The law was extended after an initial expiration to remain in effect indefinitely after passage of additional legislation. It blocked Cuyahoga County's plastic bag fee and similar measures in other municipalities. Auxiliary containers include plastic bags, cups, packages, and bottles used for transporting goods.
Violations & Penalties
Local plastic bag bans or fees are unenforceable, and municipalities may face declaratory or injunctive relief.
Frequently Asked Questions
Can Ohio cities still charge fees for plastic bags?
Did any Ohio counties pass bag bans before HB 242?
Sources
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