Is there preemption?
No, there is no preemption on single use plastic bans – municipalities are free to ban single use plastics if they so wish!
- There was previously preemption based on a budget provision that was not renewed in the 2021-2022 state budget
- As that has not been renewed, there is not currently any statutory basis for preemption on this issue
Examples & Guide
PennEnvironment has created a guide,[1] with model ordinances, for municipalities who want to ban plastic bags or/and single use plastics.
- Since 2018, PennEnvironment has helped more than a dozen PA municipalities write, introduce, and pass legislation tackling single-use plastics. These ordinances—from cities like Philadelphia and Pittsburgh to townships like Radnor and Easttown—impact over 2.3 million Pennsylvanians and could eliminate over 9 million pounds of plastic waste every year.
[1] PennEnvironment, Single-Use Plastic Laws in Pennsylvania, 10 February 2023.