A new 10-cent fee on paper bags has cleared Philly City Council, but Mayor Parker’s support is uncertain

Philadelphia City Council on Thursday passed a bill requiring that all stores in the city levy a fee on paper bags, but the future of the legislation is uncertain amid opposition from the mayor’s administration and a handful of lawmakers.

Mayor Cherelle L. Parker has not yet said if she intends to sign the bill, which requires stores to charge at least 10 cents per nonreusable bag and comes in addition to the city’s existing ban on plastic bags.

A top member of her administration recently expressed opposition to the fee, saying it would disproportionately harm the poor. The mayor’s office declined to comment Thursday.

If Parker decides to veto the bill, it would be her first since taking office almost two years ago. And it theoretically could doom the legislation: A bill must be supported by two-thirds of Council to override a mayoral veto, and it’s not clear if the bag legislation has the 12 votes it would need.

» READ MORE: Philly may see a new fee on paper bags — if it can get through City Hall

Ten of Council’s 17 members voted to pass the bill Thursday, and five voted against it. Council members Katherine Gilmore Richardson and Kendra Brooks were absent, meaning both would have to vote in the bill’s favor for Council to hypothetically override a veto, assuming all other members voted the same.

A spokesperson for Brooks said she would vote in favor of the bill if it came before Council again. Gilmore Richardson’s office did not immediately respond to a request for comment.

Councilmember Mark Squilla, the architect of the city’s plastic bag ban and the lead sponsor of the paper bag fee legislation, said he was surprised that five of his colleagues voted against the bill. Most legislation passes through Council with little opposition.

He said that his intent is not to increase cost burdens, and that the fees would be kept by the retailers, not paid to the city.

“The goal of this bill and legislation is to bring your own bag, not to charge you 10 cents for a bag,” Squilla said. “So it’s really a behavioral change.”

Squilla’s bill is the third time that Council has tried to require that stores charge customers for paper bags, and the third time it has faced opposition from the mayor’s office. The original plastic bag ban legislation, which passed in 2019, included a 15-cent fee on paper bags, but it was stripped from the bill amid opposition from former Mayor Jim Kenney’s administration and questions about its legality.

Two years ago, Council passed legislation to institute it again, but Kenney issued a pocket veto, meaning he left office without taking action on the legislation. The move effectively killed it.

Members of Kenney’s administration said at the time that the bill could hurt poor residents and mom-and-pop businesses. Carlton Williams, a top Parker administration official who oversees her “clean and green” initiatives, expressed similar concerns during a committee hearing earlier this month.

And members who voted against the legislation Thursday cited similar reasons. Councilmember Anthony Phillips, who represents parts of Northwest and Northeast Philadelphia, said he supports the “intent” of the legislation.

But he said he couldn’t vote to increase fees on shoppers, especially as thousands of Philadelphians are facing the potential suspension of food assistance next month through the Supplemental Nutrition Assistance Program (SNAP) during the federal government shutdown.

» READ MORE: Federal shutdown may bring a halt to food assistance for half a million Philadelphians

“This bill stands for finding ways to support our environment, which I think is really important,” Phillips said. “Yet, at the same time, we are in the midst of … the loss of SNAP benefits that are going to impact Philadelphians across the city.”

Other members who voted against the legislation include Brian O’Neill, Council’s only Republican, and Democratic Councilmember Mike Driscoll. Both represent parts of Northeast Philadelphia.

The other two Democrats who opposed the legislation represent two of the city’s poorest districts: Councilmembers Quetcy Lozada and Jeffery “Jay” Young Jr. Their districts include parts of North Philadelphia and Kensington.

Squilla said he found it “a little shocking” that some members voted against the legislation because of its potential impacts on underserved communities, saying many stores already charge for paper bags “and people bring their own.”

“As we look at food insecurity, it brings up a lot of these different concerns that people may have,” Squilla said. “But at the end of the day, the goal is to provide enough of these reusable bags. Everybody has them, right? And if not, we can provide them for more individuals.”

Staff writers Jake Blumgart and Sean Collins Walsh contributed to this article.