On 20 January, 2015 the Huntington Beach City Council voted 6 to 1 to start the process of repealing the city’s plastic bag ban. Councilmembers Mike Posey, Erik Peterson, Billy O’Connell, Barbara Delgleize, Dave Sullivan, and Jim Katapodis voted to repeal the ordinance and Mayor Jill Hardy voted to keep the ban.
The agenda item that was voted on instructs the city manager to begin the repeal process including preparation of an Environmental Impact Report (EIR) which is estimated to cost $5,000. The EIR is expected to take between two and three months to complete, and when completed, the issue will go back to council for final approval.
As previously noted in the blog article titled “San Jose Painfully Learns Litter Problems Were Not Solved by Plastic Bag Ban!”, the City of San Jose is painfully discovering that it’s much touted plastic bag ban that cost residents millions of dollars did virtually nothing to solve the city’s serious litter problems. According to the Environmental Impact Report (EIR), one of the stated reasons for implementing the bag ban was to reduce litter on city streets, in creeks, and in storm drains. (City of San Jose, 2010) Two years after the plastic bag ban was implemented, that there has been no reduction of overall litter. Furthermore, the case is made, using San Jose’s own litter surveys and claims of bag ban success, to show that the plastic bag ban was never needed but was a very expensive mistake.
Although the exact number of single-use paper and plastic carryout bags used in the city is unknown, the city estimates that 68 million paper bags and 500 million single-use plastic carryout bags are used every year. In fact the Draft EIR identifies that 1.4 plastic bags are used per day by every living person in the City of San Jose which equates to 511 plastic carryout bags per person per year. (City of San Jose, 2010) This means that a family of four would use 4 x 511 or 2044 plastic bags per year.
In a November 20, 2012 memorandum to the San Jose City Council from Kerrie Romanov (Director of Environmental Services for San Jose) the following statement was made:
Statewide and local bag bans were a SCAM from the very beginning. These measures can best be characterized by deceitful scheming, repeated lies and distortions, backroom deals, a supportive one-sided media, and enough politicians succumbing to political correctness to force this law and the resulting shopping behavior changes on the people of California.
Not only were Californians deprived of more reasonable and acceptable solutions to address plastic bag litter by the shenanigans of bag banners but will also pay an additional $1 Billion per year just to take their groceries home. And after spending all that money, litter will hardly be affected at all! More than 99.6% of litter will still be there waiting to be picked up.
These measures were passed by progressive politicians, and even though the measures affect every one of their constituents, both financially and through the expenditure of personal time, none were allowed to vote for it. In fact, to date, no member of the public has ever been given the chance to vote for or against these measures!
The paper “The California Plastic Bag Ban Scam” examines and exposes the methods used by the bag banners to push bag bans at the local and state level, and how they were able to push through a law that is not only unpopular, but also sets new dangerous precedents in governmental power and law.
Some people welcome a ban on plastic carryout bags, others are opposed, and others are not sure. This article is intended for those of you who are in between and unsure whether you should oppose or support a bag ban.
With as much that goes on in the world today that vies for our attention, getting excited about plastic grocery bags (i.e. plastic carryout bags) is certainly not high on the totem pole. We live in a topsy–turvy world where things that were once banned are allowed (e.g. marijuana) and things that were once allowed are now banned (e.g. plastic carryout bags).
So how can we approach this subject in a fair and impartial manner? How can we determine if we should support or oppose a bag ban? We know that when the legislature or a local jurisdiction passes a law they are trying to solve a perceived problem. So the answer to the question is to understand the nature of the problem and how the proposed solution or law intends to solve that problem and most important what alternative solutions were considered. The more clearly we understand this the better we can see how our personal freedom and liberties are affected and whether that intrusion is warranted and justified.
The purpose of this paper is not to provide a detailed explanation of the problem and the solution (e.g. plastic bag ban) but a philosophical argument about why or why not bag bans should be opposed.
The City of San Jose is painfully discovering that the much touted bag ban that cost residents millions of dollars in out of pocket costs and personal time did nothing to solve litter problems. An environmental group, San Francisco Baykeeper, has notified the city that intends to file a lawsuit because of the city’s failure to prevent trash and sewage from flowing into the Guadalupe River and Coyote Creek through its storm drain system and into San Francisco Bay. The lawsuit is being filed because of violations of the Federal Clean Water Act. (Rogers, 2014)
“San Jose is a hot spot for trash pollution and bacterial pollution into the bay,” said attorney Sejal Choksi, program director for Baykeeper. “Its leaders have not taken care of the problem or prioritized the issue. We’ve seen the trash, we’ve measured the bacterial pollution. What they are doing is not sufficient.” (Rogers, 2014)
In response, Kerrie Romanow, director of environmental services for the City of San Jose, stated that nine catch basins have already been installed in the storm drain system to trap trash and plans are to install 20 more in the next three years. She also stated that the city has increased street sweeping and banned plastic bags. (Rogers, 2014)
On September 30, 2014, Governor Jerry Brown signed legislation, SB-270 (Padilla) that will implement the nation’s first statewide ban on the distribution of single-use plastic bags; the plastic bags that customers use to carry their groceries home. (Press Secretary, 2014)
The American Progressive Bag Alliance (APBA), opposed to Governor Jerry Brown’s decision to sign SB-270 (Padilla) into law, immediately filed the necessary legal paperwork to conduct a referendum in an attempt to overturn the new law. (American Progressive Bag Alliance, 2014)
Subsequently, on 10 October 2014, California Secretary of State, Debra Bowen announced that the proponent of the referendum may begin gathering signatures. The proponent must collect a total of 504,760 valid signatures from registered voters which must be submitted by December 29, 2014 to county election officials. If sufficient valid signatures are obtained, the measure would qualify for the November 2016 ballot. At that time a majority of voters will have the opportunity to affirm or reject the ban on plastic bags. (Bowen, 2014) Continue reading Referendum Puts Bag Banners on Defensive→
The California Legislature has once again failed the people of California, this time by passing a draconian plastic bag ban i.e. SB-270). This legislation would ban the distribution of thin-film plastic carryout bags by grocery and convenience stores and impose a minimum fee of 10-cents per store provided paper or reusable bag. The intent of the fee is to change shopper behavior by using a punitive financial incentive to coerce shoppers into bringing and using their own reusable bags. The legislature could have passed a much simpler solution that would have received a much greater and widespread public support and would not have involved changing shopper behavior or imposing bag fees while at the same time solving the plastic bag litter problem. Continue reading California Legislature Fails Citizens with Draconian Bag Ban→
On Friday, 29 August, 2014 the California State Legislature passed a statewide plastic bag ban in passing SB-270. SB-270 now goes to Governor Jerry Brown for his signature. Governor Brown has until 30 September 2014 to act on the measure. Governor Brown has not indicated support for or opposition to the measure.
If the measure becomes law, shoppers will have to bring their own carryout bags, purchase and use reusable bags, or purchase a paper or thick plastic “reusable” bag for 10-cents each. The law becomes effective on 1 July 2015 for most grocery stores and 1 July 2016 for convenience stores.
On Tuesday, 24 June, 2014, the Ventura County Board of Supervisors voted to proceed with a Single-Use Carryout Bag Ordinance for the unincorporated areas in Ventura County. The ordinance would ban the free distribution of single-use paper and plastic carryout bags and impose a charge of 10-cents for recyclable paper bags. The item was placed on the agenda by supervisors Steve Bennett and John Zaragoza, both of whom feared that the State of California would not pass a statewide plastic bag ban, a solution both of them preferred. The agenda item would direct county staff to prepare an ordinance based on the model ordinance contained in the Beach Erosion Authority for Clean Oceans (BEACON) Environmental Impact Report (EIR). It should be mentioned that Supervisors Bennett and Zaragoza also serve on the BEACON board, a joint powers authority that was responsible for development of the BEACON EIR.
According to the agenda item, “The ordinance would apply to supermarkets, grocery stores, pharmacies, convenience food stores, liquor stores and other retail stores that sell a limited line of food goods including milk, bread, sodas and snack food. The ordinance would not apply to plastic produce bags, nor to plastic bags used in restaurants and cafes for take-out food. Approximately 21 retail stores in the Ventura County unincorporated area would be affected by this ordinance. The greatest concentration of these stores is in the Ojai Valley.”
The stated goal is: “The ordinance is intended to reduce litter and other environmental impacts related to single-use carryout plastic bags and provide an incentive for increased use of reusable bags.”
Reason Foundation, a public policy research organization recently released several studies that raise serious questions about plastic bag ban and the associated environmental and economic impacts. The articles and associated documents can be downloaded by clicking on the article links.
In a study titled “An Evaluation of the Effects of California’s Proposed Plastic Bag Ban” researchers Julian Morris and Lance Christensen look at bag bans implemented by local jurisdictions and the recently introduced bill by State Senator Alex Padilla (SB 270) that would impose a statewide ban. They state the premise of these laws is to benefit the environment and reduce municipal costs; but, that in practice the opposite occurs. They state that available evidence suggests that these laws will do nothing to protect the environment, will waste resources, and cost Californian’s billions of dollars.
In a study titled “How Green Is that Grocery Bag Ban?” researchers Julian Morris and Brian Seasholes assess the environmental and economic effects of grocery bag bans and taxes. The researchers noted that the bag bans have a miniscule impact on litter, does not reduce litter collection costs, does not reduce environmental impacts including greenhouse gas emissions, more than likely has an adverse health effect from people not washing reusable bags, and that using reusable bags are inconvenient and costly, and that the cost of bag bans disproportionately fall on the poor.