The San Jose Mercury News recently published an editorial entitled “Success! California’s first-in-the-nation plastic bag ban works”. The editorial claims that because fewer plastic bags were found during this year’s Coastal Clean Up day proves that California’s “grand experiment” with a plastic bag ban is a success. (Mercury News & East Bay Times Editorial Boards, 2017)
But is finding fewer littered plastic bags a real measure of the bag ban’s success? If not, how do you really measure the success of the state’s plastic bag ban law? Is success not determined by results and how well each of the law’s objectives are met? The answer is a resounding, Yes!
Success is defined as “The accomplishment of an aim or purpose.” (Oxford Dictionary, 2017) Using this definition and assuming a narrowly defined goal to reduce or eliminate single-use plastic grocery bag litter, then the plastic bag ban could be considered “a success”. It could never be otherwise! After all, if you ban or sharply curtail the use of single-use plastic grocery bags there will be fewer available to be littered. Continue reading Is California’s Bag Ban Really a Success?→
Proposition 67 is a Referendum on the California Statewide Ban (Senate Bill 270) on single-use plastic bags. A “YES” vote would uphold the law and a “NO” vote would overturn it.
Fight The Plastic Bag Ban recommends a NO vote on this proposition.
Proposition 65 is an initiative statute that would redirects money collected by grocery and other retail stores through sale of carry-out bags and require those funds to be deposited into a special fund administered by the Wildlife Conservation Board to support specific environmental projects. If voters pass Proposition 67 to uphold the state’s current carryout bag law, Proposition 65 would require that bag fees collected from shoppers be redirected to the state and used for grants for certain environmental and natural resources purposes.
Fight The Plastic Bag Ban recommends a YES vote on this proposition.
In 2014, the California State Legislature passed a ban on single-use plastic bags which was signed into law by Governor Brown. Subsequently, the new law was challenged through the referendum process by the American Progressive Bag Alliance (APBA). The APBA collected signatures on petitions and a sufficient number of signatures were collected to put the law (SB-270) on the ballot for voter approval/disapproval.
If the law is upheld, the use of single-use plastic carryout bags would be prohibited and most but not all customers would be forced to pay 10-cents for each paper or plastic reusable bag distributed at the point of sale.
If the law is upheld, the law would create two classes of shoppers. One class of shoppers would have to pay the 10-cents bag fee for each store-provided paper or plastic reusable bag; the other class of shoppers would be exempt and receive store-provided bags at no cost. Customers who pay 10-cents each for store provided bags would subsidize the cost of providing bags to customer who are exempt from the bag fee. The customers who are exempt from the bag fee are those customers who participate in public assistance programs, such as food stamps.
Whatever happened to treating all customers equally?
The 10-cent bag fee is not subject to sales tax and the entire amount collected is kept by store providing a huge windfall to grocers. It should be noted that the law died in the California State Assembly, until the United Food and Commercial Workers Union and Safeway struck a deal regarding the 10-cent bag fee.
It should be noted, that voting NO on this proposition will not repeal local bag bans. However, if voters reject the statewide bag ban, it will provide impetus to opponents of local bag bans and greatly assist in repealing them.
Proposition 65 is an initiative statute that would redirects money collected by grocery and other retail stores through sale of carry-out bags and require those funds to be deposited into a special fund administered by the Wildlife Conservation Board to support specific environmental projects. If voters pass Proposition 67 to uphold the state’s current carryout bag law, Proposition 65 would require that bag fees collected from shoppers be redirected to the state. Revenues are expected to exceed tens of millions of dollars annually. Revenues would be used for grants for certain environmental and natural resources purposes. If voters reject the state’s current carryout bag law, there would likely be minor fiscal effects.
A plastic bag ban does not produce any significant environmental benefits in proportion to the cost and effort expended by shoppers. In the article “Bag Bans – A Waste of Time and Money!” the author argues and demonstrates that bag bans are large on cost with negligible environmental benefits. Proposition 65 if passed would deny a financial windfall to grocers and instead put that money towards real projects that benefit the environment.
Last September, the Milpitas City Council reversed a previous council decision and quietly passed a bag ban that affected every business and citizen of Milpitas beginning on January 1, 2016.
However, in their hurry to pass a plastic bag ban, they made a critical error in the language of the ordinance that imposes a “minimum fee” for paper or reusable bags distributed to customers at the point of sale. Section II-5-4.00-part B of Ordinance 287 clearly identifies a limited time frame for any minimum fee as follows:
“B. On or before January 1, 2016, a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of ten cents.” [Milpitas Ordinance 287]
Thus, according to the legally passed ordinance, on or after January 2, 2016 there is no such minimum fee requirement for paper and reusable bags distributed by Milpitas retailers at the point of sale.
However, this error has additional benefits to businesses. Part C of that same section indicates that only bags that are available for sale are required to be separately itemized on the sale receipt. This would, therefore, not apply to bags that are provided for free on or after January 2, 2016. And Section III-5-5.00 requires every retail establishment to track the daily number of bags sold for a minimum of 3 years. Again, this would not apply to bags that are provided for free on or after January 2, 2016. Continue reading Milpitas bag ban mistake – No legal ground to impose 10-cent bag fee!→
On Tuesday, August 25 the Santa Barbara County Board of Supervisors passed an Ordinance on a 3-2 vote to ban Single-Use Plastic Bags at Markets and pharmacies in the unincorporated areas of Santa Barbara County.
Supervisors Salud Carbajal, Janet Wolf, and Doreen Farr voted for the bag ban and Supervisors Peter Adam and Steve Lavagnino voted against the bag ban.
Opponents of the California statewide plastic bag ban successfully challenged the state law by collecting enough signatures from registered voters to put the measure on the 2016 ballot through the referendum process, a safeguard provided in California’s Constitution. The statewide referendum will finally give ordinary citizens the opportunity to vote on this unpopular measure.
The implementation of plastic bag bans (and paper bag fees) in California has been promoted and pushed by well-organized and well-funded special interest groups working through local politicians, ultimately enacting over 100 local ordinances and subjecting about 33% of the state’s population to bag bans. (White, 2014)
Eventually, after years of failed attempts to pass a statewide bag ban, these organizations were able to leverage local bag bans along with some arm twisting until the California legislature succumbed and passed a statewide bag ban. (Williams & van Leeuwen, 2015) However, when the statewide bag ban was signed into law by Governor Brown, the American Progressive Bag Alliance (APBA) successfully challenged the law through a referendum by collecting 809,810 signatures of registered California voters (with 598,684 valid signatures and 93,924 over and above the quantity needed). This means the statewide law will be on hold until it can be approved or rejected by the people of California in the November, 2016 statewide election. (Fight The Plastic Bag Ban, 2015) Continue reading Why California City Councils Must Not Pass Bag Bans with a Statewide Vote Pending→