For environmentalists and their allies, 2010 is shaping up as a landmark year in the Capitol over two major issues: renewable energy and plastic bag pollution. A confluence of political factors – shaped in part by the governor’s desire for a positive legacy – is emerging in the final months of the legislative session.
Negotiations over a dramatic expansion in the utilities’ use of renewable energy already are bearing fruit.
And now agreement on a second major issue that has
bedeviled environmentalists in the state for years,
plastic bag pollution, also is looming.
“This one is coming together,” said recycling advocate Mark Murray of Californians
Against Waste. Others agree, although fierce opposition
remains from the plastic bag industry. “This year, the stars are aligned,” says Assemblywoman Julia Brownley, D-Santa Monica, who is carrying the lead bill to ban
the single-use bags statewide in food stores.
Single-use plastic bags, popular in grocery and department
stores, clog street drains, foul coastal waters, blow
across the landscape like tumbleweed and wind up in
the stomachs of wildlife, environmentalists contend.
Once viewed as an acceptable alternative to paper bags,
the sturdy, easily compressible plastic bags now are
seen as a major environmental hazard. About 80 percent of the ubiquitous plastic bags are used in
grocery stores and mini-marts. Estimates vary dramatically, but perhaps 20 billion a year are used in California and only 5 percent are recycled. Most wind up in landfills and
may take decades to decay, but some – 3 percent by one estimate – get shunted into the litter stream. Statewide, cleanup
costs about $300 million a year, according to a legislative analysis.
The plastic bag industry questions the basic assumptions,
contending that a widely cited Canadian study detailing
plastic pollution in ocean waters dealt with lines
and nets, not bags, and that environmentalists simply
ignore the evidence and use the issue to mount aggressive
fund-raising efforts.
“In my opinion, this is a good idea gone wrong. We need
to get beyond sound bites and symbolism. This legislation
is being done because to a vocal minority the plastic
bag has become a symbol,” said Peter Grande, the president of Command Packaging,
a Los Angeles company that manufactures plastic bags.
“They have fixated on water and pollution and they have
taken a whole lot of information out of context.”
Several cities have approved cutting or banning the
bags’ use, with exceptions. The first was San Francisco,
which banned them from large grocery stores in 2007. Malibu, Palo Alto and Fairfax also have bans. Several
other communities sought bans or restrictions, but
the local ordinances withered before rules requiring
environmental review and certification, and the issue
is before the state Supreme Court. According to Plastics
News, a dozen cities across the country have plastic
bag bans.
The state has bag-recycling and waste-diversion programs, but efforts to ban the bags statewide
have failed in the past, in part because of opposition
from business interests and the plastic bag industry.
But this year, things are different. California may
be the first state in the nation to ban plastic bags
at food stores, pushed by an unlikely array of supporters.
“There’s an unholy alliance,” as one Capitol staffer put it, representing the culmination
of numerous earlier bills.
“Cities are moving toward creating their own ordinances,” said Brownley, who has tried before to ban plastic
bags. “Particularly, for the grocers, they saw this happening
and they decided this was an issue they wanted to be
out in front of. It was quite clear to me that a bill
like this wasn’t going to move forward until we had a broad-based coalition.”
So far, at least, the governor, environmentalists,
grocers, recyclers, food workers and cities, among
others, generally are on board Brownley’s AB 1998.
The rival interests are rarely on the same side of
legislation and all have concerns about Brownley’s latest bill. But so far they are holding together.
Her measure has enjoyed support in the Assembly but
faces some change in the Senate, although the betting
now in the Capitol is that in the end it will emerge
from the Legislature in some form and get sent to the
governor’s desk.
Negotiations over a plastic bag ban actually predate
AB 1998, triggered by the governor’s public statements months ago
that he would support a ban. Grocers, sensing that
momentum was building for dozens of local bans that
could be written in such a way that they would pass
legal muster, also were supportive. Retailers, too,
because the writing was on the wall that local governments
might prevail in the courts. Environmentalists also
liked the measure. “It (the bill) is a very creative solution,” Murray noted.
Brownley’s bill would ban plastic bags from grocery stores,
so-called “superstores” and minimarts. Stores could continue to provide paper
bags, but these bags would have to be made from 40 percent recycled “post consumer” material – material that has been used at least once in the marketplace.
Shoppers who opt to use the paper bags would be charged
a minimum, 5-cent fee per bag. Stores would be prevented from handing
out free paper bags. If it is approved, the law would
take effect in January 2012.
Forestry interests don’t like the bill because the 40-percent “post consumer” provision limits their ability to use wood scraps
in their mills to make the bags and Grande believes
the bill will cost thousands of jobs and aggravate
greenhouse gas pollution. Supporters of AB 1998 note that the 40-percent threshold already is the law and that at least
one major bag manufacturer, Duro, backs the bill.
The plastics industry, led by the
American Chemistry Council, which represents 140 companies, also is opposed to AB 1998. The Council maintains an active lobbying presence
in Sacramento – it averages about $80,000 per quarter in payments, according to financial disclosure
records. Last year, it backed a plastic bag recycling
bill, AB 1141 by Assemblyman Charles Calderon, D-Montebello, that was stalled. The Council was the sole
major supporter of the bill, which would have limited
locals’ rights to pursue bag bans and favored recycling over
elimination.
“The last thing Californians need is something that
acts just like a $1 billion tax added to their grocery bills. But that’s what this legislation does,” Tim Shestek, the Council’s Sacramento-based advocate, said in a prepared statement. “It was only a short four years ago that the legislature
voted for a statewide plastic bag recycling infrastructure,” Shestek said. “AB 1998 would cripple these programs and actually result in
more waste going to landfills.”
There are other issues as well. The League of California
Cities traditionally does not support bills that contain
local pre-emptions, although it has looked favorably on AB 1998. A provision of AB 1998 would repeal earlier legislation requiring stores
to take back plastic bags for recycling, which has
raised the League’s concerns. “This is an important provision of law because it provided
collection of both single-use bags banned under AB 1998, but also any other bags consumers brought back,” according to a League analysis. The League also wonders
whether the bill would bar cities from pursuing their
own, tougher bans if they wish to. The League’s board is scheduled to meet next month to consider
the issues.
For
environmentalists, the issue is clear cut. Plastic
bags pollute the landscape and should be eliminated,
and Brownley says AB 1998 is a first step. “I don’t see the necessity of it when there are other options,” she said.
