Plastic Bag Tax Ordinance Explored In Fairfax County

FAIRFAX COUNTY, VA — Fairfax County is exploring a plastic bag tax after the Board of Supervisors voted 9-1 to request staff develop an ordinance and collect public input.

On Tuesday, Braddock District Supervisor James Walkinshaw presented the board matter with Chairman Jeff McKay and Mount Vernon District Supervisor directing staff to develop an ordinance for the board to consider in September. Counties or cities have the authority to implement a 5-cent tax on each disposable plastic bag after the Virginia General Assembly passed legislation in 2020.

Walkinshaw said an environmental survey of the Chesapeake Bay showed the floor of the bay is littered with plastic bags, which disrupts the ecosystem and releases microparticles from torn plastic into the water. Among the uses of the revenue allowed in the state legislation are litter prevention campaigns and environmental cleanup.

"The key is changing behavior and convincing people to make that shift to a reusable bag," said Walkinshaw.

The Virginia Department of Taxation has developed draft guidelines at the request of Fairfax County and the Northern Virginia Regional Commission. Consideration of the ordinance in September would be contingent upon finalized guidelines from the Virginia Department of Taxation.

"With the guidelines being finalized, now's an opportune time to begin drafting a disposable plastic bag tax ordinance," said Walkinshaw, presenting the board matter on Tuesday.

Several supervisors supported the board matter but raised the concern about needing more information from the state about implementing the ordinance.

Walkinshaw said the matter is time sensitive because the ordinance will require a three-month review by the tax commissioner before implementation, and retailers can retain a larger share of the tax for a limited time. Under the state legislation, there is a Virginia Disposable Plastic Bag Tax Dealer Discount allowing retailers to retain 2 cents from each plastic bag tax as retailers adjust operations to implement the tax. The 2-cent retained by retailers will be provided until Jan. 1, 2023, when it drops to 1 cent retained by retailers.

Springfield District Supervisor Pat Herrity opposed the motion, saying the county needs to establish a way to recycle plastic bags separately similar to glass items, not tax residents.

The ordinance adopted by the board also asks county staff to reach out to other Northern Virginia jurisdictions about the intent to draft an ordinance and "welcome their input in the hopes of having a relatively consistent ordinance across the region." The county's Office of Environmental and Energy Coordination and the Office of Public Affairs are asked to conduct a public outreach campaign to get input and educate local businesses and residents on the ordinance.