On October 21, 2015, the Oceanside City Council voted 3-2 against moving ahead with a proposed plastic bag ban. Councilmen Jack Feller and Jerry Kern and Councilwoman Esther Sanchez opposed the agenda item and Mayor Jim Wood and Deputy Mayor Chuck Lowery voted in favor. (Sifuentes, Council trashes plastic bag ban proposal, 2015)
The agenda item, if it had passed, would have directed city staff and the Utilities Commission to prepare a Single-Use Carryout Bag ordinance from the sample Single-Use Carryout Bag ordinance contained in Appendix Q of the Oceanside Zero Waste Strategic Resource Management Plan, seek public input, and submit a proposed ordinance with recommendations to the council.
Deputy Mayor Chuck Lowery put the proposed bag ban ordinance on the agenda, citing that plastic carryout bags are polluting local waterways and beaches. (Sifuentes, 2015)
Most plastic bag bans follow the simple formula of banning plastic grocery bags and placing a fee on paper bags in order to force shoppers to bring and use their own reusable bags. A bag ban is justified because littered plastic grocery bags are unsightly litter that can cause harm to wildlife through ingestion. However, absent from the discussion are three key issues: (1) the magnitude of plastic grocery bag litter; (2) the cost to consumers to comply with a bag ban; and (3) the impact on reducing litter, particularly plastic debris, that finds its way to the ocean and potentially causes harm to wildlife through ingestion.
When these issues are honestly looked at we discover that plastic bag litter is negligible and the cost to consumers is disproportionate to the results achieved. For example, plastic bag litter comprises only 0.6% of roadside litter of which about only half (about 0.3%) is plastic grocery bags. Hence, a plastic bag ban will still leave 99.7% of litter that must be cleaned up through traditional litter abatement methods. The effort to clean up the remaining 99.7% of litter could easily include the other 0.3% (e.g. plastic grocery bags and retail carryout bags) as part of the total effort. In other words, a plastic bag ban is not needed and certainly NOT JUSTIFIED for the small amount of plastic grocery bags littered in the community.
Furthermore, the cost to consumers to eliminate plastic grocery bags from roadside litter averages about 12-cents for each 2-cent plastic bag eliminated by a bag ban. Add to that the cost of plastic bag bans by local and state governments and costs incurred by retailers increasing the total cost far more than the 12-cents cost per plastic bag incurred by consumers! If you compute the annual cost per littered bag, it will be on the order of $250.00 per littered plastic bag per year. Obviously, this is NOT a good deal for consumers! So not only is a plastic bag ban a waste of time and money for the public; it is also a waste of time and money on the part of the environmentalist who promotes bag bans for such a miniscule reduction in litter, when traditional comprehensive litter abatement methods exist that will not only eliminate all plastic bags but also other plastic debris that makes its way to the ocean potentially harming wildlife.
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→
Bag Banners have long demonized disposable plastic grocery bags by labeling them as “single-use” plastic carryout bags that, they claim, are only used only a few minutes to carry your groceries home. These claims disputed by citizens who understand that plastic grocery bags are not single-use bags but are reused by consumers for a variety of other purposes. While Bag Banners and public officials only half-heartedly acknowledged such reuse, they steadfastly refused to consider the environmental benefits that such reuse creates. The question “Are Plastic Grocery Bags Falsely Labeled as ‘Single-Use’ Bags?” is an important question that will be examined from several perspectives in this paper. In addition, paper grocery bags and also the newly mandated thicker plastic grocery bags will be examined including the terminology used to describe these bags. We intend to expose the blatant falsehood behind labeling a shopping bag as either single-use or reusable.
Plastic T-Shirt Bags (aka Plastic Grocery Bags)
Plastic grocery bags with handles are actually named “Plastic T-shirt Bags” and come in a variety of sizes, colors, and custom printed logos. They are a time saving convenience for both the retailer and the customer and which offers the retailer a marketing opportunity to advertise their business. For customers, they are not only convenient, clean, and safe, but they also serve a multitude of other uses after transporting their purchases home. So how did these safe, clean, convenient and reused plastic “T-shirt bags” get relabeled as “Single-Use Plastic Carryout Bags” in city, county, and state laws?
Dallas, Texas. Faced with a lawsuit claiming that the city did not have authority to tax plastic grocery bags, a lawsuit the city was certain to lose, the Dallas City Council voted 10-4 to repeal the ordinance that placed 5-cent fee on plastic grocery bags. In a companion motion, to ban plastic grocery bags entirely, the City Council voted 9-6 to reject the ban. On Monday, 8 June grocery stores will again be able to issue plastic grocery bags to shoppers for free. (Findell, 2015)
Unlike California, where grocers get to keep 100% of the plastic and paper bag fees; grocers in Dallas only get to keep 10% with 90% of the fee going to the city. The 5-cent plastic bag fee was originally approved by Dallas City Council in March 2014 and went into effect in January, 2015. (Gillett, 2015)
The Dallas plastic grocery bag fee became a hot issue when a group of bag manufacturers and recyclers filed suit against the city. The lawsuit alleged that the 5-cent-per-bag tax passed by the City Council in March 2014 violates the Texas Solid Waste Disposal Act. At the time the Dallas Bag Fee was passed, then-State Attorney General Greg Abbott (now Governor Abbott) was looking into whether bag bans or taxes were legal in the state. He concluded that such ordinances were a violation of state law. (Putrich, 2015)
Several of the Dallas City Council members argued that the bag fee was government overreach. Several other council members argued that consumers were beginning to change shopping habits. The presence of the Plastic Bag Monster™ did not persuade council members.
The motion to repeal the 5-cent fee on plastic bags was passed by the City Council, 10-4 with council members Mike Rawlings, Tennell Atkins, Monica Alonzo, Adam Medrano, Vonciel Jones Hill, Rick Callahan, Sheffie Kadane, Jerry Allen, Lee Kleinman, and Jennifer Staubach Gates voting YES to repeal the bag fee. Council members Scott Griggs, Dwaine Caraway, Sandy Greyson, and Philip Kingston voted NO to keep the 5-cent bag fee in place. (Findell, 2015)
The companion motion to ban plastic grocery bags failed to pass the City Council by a vote of 9-6 with council members Scott Griggs, Adam Medrano, Dwaine Caraway, Lee Kleinman, Philip Kingston, and Carolyn Davis voting YES to ban plastic grocery bags and council members Mike Rawlings, Tennell Atkins, Monica Alonzo, Vonciel Jones Hill, Rick Callahan, Sheffie Kadane, Jerry Allen, Sandy Greyson, and Jennifer Staubach Gates to vote NO to keep plastic grocery bags. (Findell, 2015)
On Monday, 4 May, 2015 the Huntington Beach City Council voted 6 to 1 to finalize the repeal of the two year old ban on plastic bags and the mandatory 10-cent fee on paper bags. The repeal is effective on 3 June, 2015 when stores can again issue plastic carryout bags. (Carpio, 2015)
Council-members Mike Posey, Erik Peterson, Billy O’Connell, Barbara Delgleize, Dave Sullivan, and Jim Katapodis voted to finalize repeal the ordinance and Mayor Jill Hardy voted to keep the ban in place. (van Leeuwen, 2015)
According to Council-member Mike Posey, the plastic bag ban was never an environmental issue, but an issue of personal freedom. (Sharon, 2015)
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:
On 19 August 2014, the Santa Clara City Council, by a unanimous vote, passed an Ordinance to prohibit the distribution of single-use carry-out bags including the approval and Adoption of a Negative Declaration pursuant with the California Environmental Quality Act (CEQA). The latter document declared that the bag ban will not result in a significant environmental impact.
Similar to ordinances passed by other cities, the proposed ordinance would ban the distribution of plastic carryout bags at point of sale beginning 1 December 2014. Retailers may also make paper bags or reusable bags (Cloth or thick plastic bags) available for sale at a minimum fee of 10 cents. In addition, customers who participate in WIC or SNAP (Food Stamp Programs) are eligible to receive one or more paper bags at NO COST. The fees collected by the retail establishment are to be retained by the retailer and are meant to pay for the cost of implementing the ordinance (i.e. the cost of paper bags provided to customers paying the paper bag fee and the cost of free paper bags received by WIC and SNAP participants.) (van Leeuwen, Plastic Bag Ban Creates New Welfare Benefit, 2013) A retail establishment is subject to a fine for each occurrence where it provides a customer a plastic carryout bag not meeting the requirements of a reusable bag at the point of sale for the purpose of carrying purchases home. Continue reading Santa Clara City Council Passes Bag Ban→
Last December, the Ventura City Council voted 6 to 1 to go ahead and prepare a Single-Use Carryout Bag Ordinance and an addendum to the Environmental Impact Report (EIR) developed by the Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) EIR for consideration by the City Council in six months.
On 19 May 2014, this Single-Use Carryout Bag Ordinance and the EIR addendum was on the city council agenda and failed to pass because of the tie vote by the Ventura City Council.
The plastic bag ban was again placed on the Huntington Beach City Council Agenda by Council member Dave Sullivan. The agenda item if approved by the City Council would direct the City Attorney to prepare a ballot measure which would repeal Chapter 5.95 USE OF PLASTIC CARRYOUT BAGS AND RECYCLABLE PAPER of the Huntington Beach Municipal Code (i.e. the Reusable Bag Ordinance) for the November 4, 2014, General Municipal Election ballot to be submitted to the qualified electors of the City of Huntington Beach, California.
A total of 54 speakers chose to speak. Of the 54 speakers, 27 were in favor of putting the issue to repeal the plastic bag ban on the ballot, 20 opposed putting the issue on the ballot, and 7 speakers spoke on a variety of other issues.
Some key issues brought up by speakers who spoke at the City Council Meeting:
The plastic bag ban is a divisive issue in the community and a source of anger.
The Paper Bag Fee is a tax and a bribe to retailers/grocers for their cooperation or silence.
The city took away the right of individuals and businesses to make their own choices of whether or not to use reusable bags.
Results in higher consumer water consumption to wash and sanitize reusable bags.
Many people now shop in surrounding communities resulting in a loss of sales tax.
Plastic bag ban is a feel good policy and government has gone too far.
Put the Repeal of the Plastic Bag Ban on the Ballot and let the people decide.