Category Archives: Local Ordinances

San Jose Bag Ban Doesn’t Make a Dent in Litter

Bag Ban Myths and Misinformation, Economic Costs, Freedom and Liberty, Local Ordinances, Plastic Bag Litter, Plastic Carryout Bag Ban, , ,

Despite a bag ban for two years in the City of San Jose, litter is still a prevalent problem.  While it is true, fewer retail store plastic carryout bags are observed, litter and unregulated plastic bags is still a very visible problem.  On the website: http://js-politicsandburacracy.blogspot.com/2013/12/san-jose-bag-ban-almost-two-years-later.html one San Jose resident posted photos of litter in San Jose.  This is worthwhile seeing if you think that a plastic carryout bag ban will reduce litter in your area.

Here are two videos of litter in San Jose.  The first is from Tully Road East to Coyote Creek and the second is from Coyote Creek Trailhead Tully Road to Stonegate.

In neighboring Campbell, in which the bag ban will not go into effect until 27 January 2014, there is virtually no plastic bag litter and very little litter.  Photos are shown in the following article: http://js-politicsandburacracy.blogspot.com/search?updated-min=2014-01-01T00:00:00-08:00&updated-max=2015-01-01T00:00:00-08:00&max-results=1

This video is taken in Campbell, CA.  Campbell Park and Los Gatos Creek Trail Southbound to San Thomas Expressway.  The entire route is virtually trash free.

This video is taken in Santa Clara, from Scott Blvd southbound to El Camino Real eastbound to Lafayette Street.  This video is proof that Santa Clara despite allowing plastic carryout bags and polystyrene food ware to be used without restriction hardly has any litter and it is nearly impossible to find a improperly disposed of Styrofoam food container let alone a grocery or shopping bag.  In fact not a single plastic shopping  bag was seen floating around in “city” controlled areas.

In contrast, San Jose, despite a two year ban on plastic carryout bags, its streets are just as littered as before the bag ban if not more so.

The fact is that imposing a bag ban to eliminate less than 0.6% of litter is a waste of money and effort, not only the costs incurred by the city but also the millions of dollars that residents must spend to comply with the bag ban.

Bag Bans: Defrauding the Public of Reasonable Alternative Solutions

Bag Ban Myths and Misinformation, Carryout Bag Fees, Freedom and Liberty, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bag Disposal, Plastic Carryout Bags, Reusable Shopping Bags, , , , , ,

Environmental Impact Reports (EIRs) document the environmental impact of a specific project including alternatives.  In the case of EIRs supporting Single-Use Carryout Bag Ordinances a specific solution to a plastic bag litter problem is proposed that requires a ban on plastic carryout bags and imposes a fee on paper bags in order to encourage (i.e. coerce) shoppers into using reusable bags.  The environmental analysis to support this proposed solution is never provided.  For example, if plastic carryout bags are bad and should be eliminated, then an analysis should be provided to show that using paper bags instead of plastic bags results in an environmental impact that requires mitigation by reducing the use of paper bags and using an alternative product.  That analysis is never performed or provided.  In fact, the objectives of the EIR specifically prevent that analysis and alternative from ever being analyzed.  If brought up during the public comment period, the response is that it does not meet the objectives.  In other words the objectives are cleverly used to defraud the public of an important analysis and a legitimate alternative solution.  Instead of impartially evaluating alternative solutions, someone else’s pre-conceived solution is shoved down your throat by misguided public officials.

To read more of this controversial article click on the following link: Bag Bans Defrauding The Public Of Reasonable Alternative Solutions.

Ventura City Council Votes To Proceed With Plastic Bag Ban

Bag Ban Myths and Misinformation, Freedom and Liberty, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bags, Recycling Impacts, Reusable Shopping Bags, , , , , , ,
Ventura City Hall
Ventura City Hall (Photo credit: InSapphoWeTrust)

On 16 December 2013, the Ventura City Council voted 6 to 1 to go ahead and prepare a Single-Use Carryout Bag Ordinance and BEACON EIR addendum for consideration in six months by the City Council.   The council also voted to support the efforts of State Senator Padilla to pass a bill to institute a statewide single-use carryout bag law rather than a local ordinance.

Currently there are two bills going through the California State Legislature concerning plastic carryout bags.  SB-405 is authored by State Senator Padilla and AB-158 by Assembly member Levine.  Both bills appear to have started out with the same text which is being marked up as the bills goes through the different committees in their respective houses.

The full article can be read by clicking the following link: Ventura City Council Votes To Proceed With Plastic Bag Ban Preparation.

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Santa Barbara County Supervisors Not Well Served

Bag Ban Myths and Misinformation, LandFill Impacts, Local Ordinances, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bags, Recycling Impacts, Reusable Shopping Bags, , , , , , , , , , ,
Official seal of County of Santa Barbara
Official seal of County of Santa Barbara (Photo credit: Wikipedia)

At the 15 October 2013 Santa Barbara County Supervisors board meeting, the Santa Barbara County Public works Department, Resource Recovery and Waste Management Division (RRWMD) requested Supervisors to receive and endorse the draft Single-Use Plastic Bag Ban Ordinance for the unincorporated area of Santa Barbara County and to direct staff to initiate review of the Ordinance pursuant to the California Environmental Quality Act (CEQA).  In addition, Supervisors were requested to designate the County Public Works Department, Resource Recovery and Waste Management Division as the Lead Agency under the CEQA.  Supervisors approved the request by a vote of 3 to 2. Continue reading Santa Barbara County Supervisors Not Well Served →

Plastic Bag Recycling Rate – A Non-Issue

Bag Ban Myths and Misinformation, LandFill Impacts, Local Ordinances, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bag Disposal, Plastic Carryout Bags, Recycling Impacts, Reusable Shopping Bags, , , , , , , , , , ,

Bag Ban Proponents like to point out that the recycling rate for plastic carryout bags is 5% or less and that because of the low recycling rate, plastic carryout bags should be banned.

Bag Ban Proponents totally miss the point.  When plastic carryout bags are reused as trash bags, waste can liners, to pick up pet litter, dispose of kitchen grease, dispose of dirty diapers, or the myriad of other uses and end up in the landfill filled with trash, they cannot be recycled.  Bag Ban Proponents appear to have a particularly difficult time comprehending this simple fact. Continue reading Plastic Bag Recycling Rate – A Non-Issue →

Carryout Bag Fee Overturned By Voters In Durango, Colorado

Carryout Bag Fees, Citizens Fighting Back, Economic Costs, Freedom and Liberty, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bags, , , , , , , , , , , , ,
Welcome to Historic Durango
Welcome to Historic Durango (Photo credit: Steven Conte)

On November 5, 2013 voters in Durango, Colorado voted to overturn the Carryout Bag Fee Ordinance by a vote of 2,674 to 2087 or 56.16% to 43.84%. 

In August, 2013 the Durango City Council voted 4-1 to adopt an ordinance that places a 10-cent fee on both paper and plastic bags distributed by the city’s three grocers and any other business that chooses to opt-in.  Under the ordinance, the 10-cent fee on paper and plastic carryout bags is collected by the retailer with 50% going to the city.  The funds collected by the city can only be used for environmental projects. (Hurst, 2013)  The fee was intended to encourage shoppers to purchase and use reusable bags instead of paper and plastic disposable carryout bags.  (Slothrower, 2013) Continue reading Carryout Bag Fee Overturned By Voters In Durango, Colorado →

Bag Bans – Market Driven Solutions Superior

Economic Costs, Freedom and Liberty, LandFill Impacts, Local Ordinances, Paper Carryout Bags, Plastic Carryout Bag Ban, Plastic Carryout Bags, , , , , , , , , , , , , , ,

The movement to ban plastic carryout bags is growing as more and more California communities enact single-use bag ordinances.  These ordinances are very similar to one another and go beyond banning plastic carryout bags to implementing a very specific solution.   This solution attempts to change the shopping paradigm where shoppers supply their own reusable bags rather than receive store supplied disposable bags to carry their purchases.  To ensure that consumer behavior is changed, retailers are required by the local ordinance to charge a minimum fee for each paper bag issued. 

By implementing a specific solution, mandated by the government, innovation is stifled and businesses are no longer free to pursue alternative solutions that are in their best interests.  Government officials and their staffs simply do not have the expertise and time to investigate alternative solutions to solve the underlying problem or have the motivation to improve retailer customer service, therefore the government mandated solution locks an inadequate and antiquated solution into place.  Furthermore, freedom of choice on both the part of retailers and consumers is unnecessarily sacrificed, restricted, and infringed.

To read more, click on the following link: Bag Bans – Market Driven Solutions Superior.

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Bag Bans: A Failure – Not Success As Claimed

Economic Costs, Freedom and Liberty, LandFill Impacts, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bag Disposal, Plastic Carryout Bags, Recycling Impacts, Reusable Shopping Bags, Uncategorized, , , , , , , , , , , , , , , , ,

As more and more communities pass ordinances to ban plastic carryout bags, a key question remains: Are these bag bans successful?  Proponents of bag bans are quick to point out that once the bags are banned, fewer plastic bags will be found as litter in the environment.  Of course, that is true.  If the use of plastic carryout bags is sharply reduced by a bag ban then the quantity of plastic carryout bags found as litter will be similarly reduced and reflected in litter surveys.  But does that single measurement signify the success of the ban?  Or are there other factors that must be considered before a bag ban can be declared a success?  In this paper we will look at this question and attempt to provide a reasonable answer.

To read more please click on the following link: Bag Bans: A Failure – Not Success As Claimed.

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Repeal Of Issaquah Bag Ban On The Ballot In 2014

Economic Costs, Freedom and Liberty, Local Ordinances, Plastic Carryout Bags, , , , , , ,
City Hall South, Issaquah, Washington. The bui...
City Hall South, Issaquah, Washington. The building houses the council chambers and municipal court. (Photo credit: Wikipedia)

On October 21, 2013 the Issaquah City Council voted to put the newly qualified citizen’s initiative to “REPEAL of Plastic Bag Ban and Forced Bag Charge” on the February 11, 2014 ballot.  Giving citizens the opportunity to resolve the ban’s fate.

Thanks to the hard work of Craig Keller, co-founder of Save Our Choice, and a small team of volunteers. More than 15% of all Issaquah voters signed the petition to force the city council to either repeal the ordinance or refer the decision to voters.

Earlier in October, the King County Department of Elections concluded that enough valid signatures were collected to qualify the initiative for the ballot and issued a Certificate of Sufficiency for the Save Our Choice petition to Issaquah City Council.  A total of 2626 out of 4266 signatures collected were found to be valid to qualify the initiative.

According to Craig Keller, there is mounting dissatisfaction with ban and the majority on the city council had the power to correct their earlier bad decision.  In fact, once the King County Department of Elections certified that the initiative had collected enough valid signatures, the city council could have repealed the ordinance but instead voted to put the issue on the ballot in 2014.

Now residents of Issaquah, Washington will have a voice on whether the plastic bag ban and fee on paper bags will be repealed.

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Rebuttal of the San Jose Bag Ban Results

Economic Costs, Freedom and Liberty, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bag Disposal, Reusable Shopping Bags, , , , , , , , , , , , ,
English: Montage of San Jose, California pictures.
English: Montage of San Jose, California pictures. (Photo credit: Wikipedia)

In November of 2012, ten months after implementation of the San Jose Bag Ban, the city issued a report claiming success.  The memorandum contained an analysis of litter surveys and claimed a reduction of on-land plastic bag litter of 59%, 60% in creeks, and 89% in storm drains.  The latter figure is widely used by bag ban proponents as proof the law works.  However, problems with the underlying data as well as the methodology used indicate that these reduction figures are questionable.  Other factors such as a cost analysis was never done by the city nor were other less costly alternatives investigated.

In an article “San Jose Bag Ban Report Rebuttal” the authors respond to the claims of success in a stinging rebuttal.  The authors claim that the wrong parameter was measured, measurement methodology was unscientific and flawed, bag usage observations were not taken at a broad cross-section of stores, no cost/benefit analysis was conducted, and serious negative impacts were never addressed.

The authors present an analysis of plastic bag litter reduction calculations by the city as well as supply their own.  Also presented is a pre ban and post ban cost analysis of carryout bag use showing the cost increase that is incurred by consumers.

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