The Plastic Retail Bag Legislative Landscape
Retail Bag Ordinances - Today Passed in 2007 Passed in 2008 Passed in 2009 Passed in 2010 Passed in 2011 Passed in 2012 Passed in 2013 Passed in 2014 Passed in 2015 Passed in 2016 Passed in 2017 Passed in 2018 Passed in 2019
2019 Bag Legislative Map States with statewide uniformity prior to 2019 States with bag ban or tax legislation in 2019 States with statewide uniformity legislation in 2019 States with passed statewide uniformity campaigns in 2019 States with passed bag ban or tax in 2019 Major Localities with proposed ordinances in 2019
Tennessee • Senate Bill 431 and House Bill 1021 • Statewide uniformity for auxiliary containers • Signed by Governor on April 12
North Dakota • House Bill 1200 • Statewide uniformity for auxiliary containers • Governor signed on March 28
Oklahoma • Senate Bill 1001 • Statewide uniformity for auxiliary containers • Signed by Governor on April 17
Ohio • House Bill 242 • Statewide uniformity for auxiliary containers • Currently in House Committee on Rules and Reference • Legislature meets throughout the year
2019 Statewide Uniformity Playing Field Active Legislation Auxiliary Container Uniformity Law in Place Differing Uniformity Law in Place Constitutional Statewide Uniformity in place – Locals cannot regulate auxiliary containers. 8
South Carolina • Senate Bill 394 • Statewide uniformity for auxiliary containers • Missed deadline • Session ended May 9
Illinois • Senate Bill 1240 • 7-cent/10-cent checkout bag tax • Currently in Senate • Spring session concludes on May 31
Washington • Senate Bill 5323 • Reusable bag definition: 2.25/3/4 mils • Died in the House • Session concluded April 28
Oregon • House Bill 2509 • Reusable bag definition: 4 mils • Currently in Senate Committee on Rules • Session concludes June 30
Rhode Island • Senate Bill 410 • Reusable bag definition: 4 mils • Currently in Senate Committee on Environment and Agriculture • Session concludes mid-July
Alaska • House Bill 81 • Reusable bag definition: 4 mils • Currently in House Committee on Labor and Commerce • Session concludes May 24 th
Massachusetts • House Bill 771 and Senate Bill 462 • Reusable bag definition: sewn bag with stitched handles; not made of polyethylene or polyvinyl chloride • Currently in Committee on Environment, Natural Resources, and Agriculture • Legislature meets throughout the year
Maine • House Bill 1115 • Reusable bag definition: 4 mils • Currently in Joint Committee on Environment and Natural Resources • Session concludes June 19
Connecticut • Senate Bill 877 • 10-cent tax • Currently in Office of Legislative Research and Office of Fiscal Analysis • Senate Bill 1003 • Reusable bag definition: 12 mils • Currently in Senate • Session concludes June 5
Vermont • Senate Bill 113 • Reusable bag definition: 2.25 in the Senate; stitched handles in the House • Conference Committee Report – Stitched handles/polypropylene • Session concludes this week
New Jersey • Senate Bill 2776 • Reusable bag definition: 10 mils • Currently in Senate Committee on Budget and Appropriations • Legislature meets throughout the year
Delaware • Senate Bill 113 • Reusable bag definition: 2.25 mils • Passed House Last Week • Session concludes June 30
New York • New York banned ALL plastic bags in April • Did not exempt reusable bags from plastic bag prohibition. • Exempted food service establishments • Optional paper bag fee based on county.
We are seeing a few trends • Bans rather than taxes • Environmental activist organizations have figured out that taxes all but guarantee plastic bags will never be eliminated. • Taxes remain less politically popular than “bans.” • 2.25 mils is being considered a “loophole” • We are now seeing a move in many places to at least 4 mils and now activists are fighting for “sewn” or “stitched” handles. • 5 or 10-cent fee on reusable and paper • Going far beyond bags at this point
Questions? Matt Seaholm Executive Director, American Progressive Bag Alliance mseaholm@plasticsindustry.org
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