Gov. Tom Wolf Friday vetoed House Bill 1071 (Farry-R-Bucks) which would have prohibited local governments from adopting bans or fees on plastic bags used at grocery and other retail stores. 

In vetoing the bill, Gov. Wolf relied in part on the June 20 PA Supreme Court decision which said state and local government had an obligation, as the public’s trustee for clean air, pure water under the constitution’s Environmental Rights Amendment, to evaluate its actions as trustee of these resources and the obligation to “conserve and maintain them for the benefit of all the people.”

The text of the Governor’s veto message follows--

“This legislation does considerably more than forbid political subdivisions from imposing a ban, fee, surcharge, or tax on recyclable plastic bags provided to consumers.

“It potentially thwarts local governments from complying with their trustee obligations under Article I, Section 27 of the Pennsylvania Constitution, to protect and preserve the environmental resources in their communities.

“The prohibition under this bill, therefore, is not consistent with the rights vested by the Environmental Rights Amendment of the Pennsylvania Constitution, and the duties upon all governmental actors, including municipalities. 

“The constitutional obligation under the amendment binds not only state but also local government. As such, the bill cannot remove a political subdivision’s separate authority to implement its independent constitutional duties.

“In practical terms, this means government, at all levels, is required to prevent the unreasonable degradation, diminution, or depletion of our water, air, and land. This prohibition hinders the performance of this important requirement.

“This bill also contains a significant preemption issue as it relates to the rights of political subdivisions. In my view, the Commonwealth should only on rare occasions preempt the rights of local governments to implement laws and policies that it believes are in its best interest. 

“Here, the Commonwealth is impeding the freedom of local governments to regulate recyclable plastic bags.  This policy supporting this preemption is misguided and should not become the law of this Commonwealth.

“For the reasons set forth above, I must withhold my signature from House Bill 1071, Printer’s Number 1270.”

A House Fiscal Note and summary of the bill is available.  This is Governor’s Veto No. 1.

NewsClips:

Wolf Cites Environmental Rights Amendment In Vetoing Plastic Bag Bill

AP: Wolf Vetoes Bill To Outlaw Local Plastic Bag Bans, Fees

McKelvey: Wolf Sandbags The Ban On Plastic Bag Bans

TVs, Electronics Pile Up In Donation Bins In Greensburg

Jermyn Using Recycling Road Millings For Road, Alley Repair

DEP Investigating Chemical Reaction At Covanta Waste Recovery Plant Near Lebanon

AP: Lehigh County Salvage Yard Destroyed In Fire

[Posted: June 30, 2017]

7/3/2017