Monday, March 7, 2016

Undoing the Plastic Bag Ban

The statewide plastic bag ban, SB-270, was passed in the California legislature in August, 2014 and signed into law by Governor Brown on September 30, 2014. It was to have taken effect on July 1 of last year, after which specified stores such as large grocery chains and pharmacies could no longer provide single-use plastic carryout bags. It would have been extended to convenience and liquor stores on July 1 of this year. The law includes $2 million in loans to plastic bag manufacturers for retooling to switch to production of reusable bags that are certified and designed for at least 125 uses.

Not covered are those bags used by pharmacies for prescriptions, bags used for produce, fruit, and other unwrapped bulk foods, and bags designed to be placed over clothing on a hanger.

But as is readily evident, July 1, 2015 came and went, and grocery stores are still distributing single use bags. The roadsides, waterways, and oceans are still being littered. The ink was barely dry on the Governor’s signing of SB-270 when the plastic bag manufacturers went to work to stop its implementation. On the very same day of the signing, the American Progressive Bag Alliance filed a request for title and summary for a referendum, and soon began collecting signatures. The required number of signatures were obtained to qualify it as a veto referendum on the November 6 ballot. According to Secretary of State Alex Padilla, the industry will generate $138 million in revenues by delaying the ban until November.

As of February 12, a second initiative from the group, characterized as a bid that could divide supporters of the statewide ban, had collected 25% of the needed signatures. The deadline for filing with county election officials is April 26.

According to Cal Recycle, as of January 1 there are already ten counties and 104 cities with ordinances that ban the bags, meaning that nearly half of California residents live in affected jurisdictions. SB-270 was intended to replace these varying ordinances with a single statewide standard. Overturning it will not affect them.

The plastics industry and dissenting politicians and media outlets have made a number of claims in opposition. The interested reader can fact check the issues here.

It is estimated that the state spends as much as $107 million per year managing plastic bag litter. San Jose estimates that it costs them $1 million per year in plastic bag-related repairs to their recycling facilities. A recycling facility in Sacramento has stated that they have to shut down at least six times a day to remove plastic bags from their machines.

The plastic bag industry plan to spend $50+ million in their 2016 campaign to overturn SB-270. Be prepared for a flood of commercials hitting your TV screen soon.

D. Norman

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