Lehigh County Commissioners Dec. 8 tabled a proposed resolution to tax or place a consumer fee on sale of one-time use plastic bags in Lehigh County. Resolution 2021-41 will remain off the agenda permanently unless re-introduced next year.

Commissioner Amy Zanelli abstained from the vote citing potential conflict as she will be a judge next year and possibly would see litigation on the subject come onto her court docket.

The proposal would authorize the county to require businesses who offer the plastic bags to customers to charge a 10-cent fee per bag with the money collected going to other environmentally friendly causes.

Commissioners need to carefully consider the implications of the measure and to consider enforcement, according to Dan Hartzell, who made the motion. He said he also wants to ensure businesses have a chance to understand the measure and have a chance to comment on it before it goes up for a vote.

PennEnvironment, an environmental advocacy group, had withdrawn support of the resolution when they realized the county’s version sent collected money going to the county rather than to the retailers.

“We have serious concerns that this is a violation of the Commonwealth Code. In light of these changes, I wanted to let you know that PennEnvironment is no longer supporting this ordinance,” representative Faran Savitz said in an email to commissioners.

A state ban on restricting use of plastic bags has expired.

The resolution as currently written imposes a 10-cent fee on each single-use plastic bag used by a customer to carry goods sold by a retailer. The fee would be effective six months after the law goes into effect. Eighteen months later, the fee would go up to 15 cents per bag.

“Single-Use Plastic Bag” is defined in the resolution as a material made through a blown-film extrusion process.

Some categories of single-use plastic bags, such as bags used by the retailer to package merchandise for resale, would be exempted from the law.

Customers buying merchandise through the SNAP or WIC program are also exempted from the current draft of the resolution.

The law would have teeth in that it provides for a $300 fine and imprisonment for not more than 90 days for retailers who violate the ordinance.

Outgoing Commissioner Percy Dougherty, who sponsored the bill, said he agreed to the motion to table because he understood Commissioner Zakiya Smalls would re-introduce the measure next year.