Warning, when you check out, be on the lookout for pickpockets.
The latest green movement cause du jour is the banning or taxing of disposable plastic and paper bags. These laws or city ordinances are designed to nudge or coerce customers to bring their own reusable tote bag when they shop for groceries and other merchandise.
A number of United States cities including Washington, D.C., Los Angeles, San Francisco, Portland, Seattle, Boulder, Austin and now unfortunately Dallas have either banned or taxed disposable plastic and/or paper bags or so-called “single-use carryout bags.” According to the Earth Policy Institute, over 20 million people are currently covered by 132 city and county plastic bag bans or fee ordinances in the U.S.
For decades most American and European businesses have provided their customers bags, at no additional charge, to carryout and transport their purchase. In the 1980s businesses began to give their customers a choice of paper or plastic.
On March 26, 2014, the Dallas City Council passed an 8 to 6 City Ordinance No. 29307. It requires business establishments that provide their customers “single-use carryout bags” to register with the city annually each location providing these bags and charge their customers an “environment fee” of 5 cents per bag to promote a “culture of clean” and “to protect the natural environment, the economy and the health of its residences.”
Give me a break. It is a new tax to raise millions in new tax revenue for the City of Dallas. Who are the elected Dallas-8 council member watermelons (green on the outside, red on the inside) that ordained this tax on the people and businesses of Dallas? The names of the Dallas-8 are Tennell Atkins, Carolyn R. Davis, Scott Griggs, Adam Medrano, Dwaine R. Caraway, Sandy Greyson, Philip T. Kingston, and Mayor Mike Rawlings.
The Dallas-8 are led by council member Caraway, who wanted to completely ban plastic and paper single-use carryout bags. Instead they decided to shake down Dallas businesses and their customers with a new highly regressive tax. Caraway refuses to call it a tax and claims the new ordinance which went in effect on January 1 is “a ban with a fee, such as other cities are doing across the United States.”
The eight-page ordinance includes the definition and standards that reusable carryout bags must satisfy: “A reusable carryout bag must meet the minimum reuse testing standard of 100 reuses carrying 16 pound.” Reusable bags may be made of cloth, washable fabric, durable materials, recyclable plastic with a minimum thickness of 4.0 mil or recyclable paper that contains a minimum of 40 percent recycled content.
All of the above reusable bags must have handles with the exception of small bags with a height of less than 14 inches and a width of less than 8 inches.
Business establishments can either provide or sell reusable carryout bags to its customer or to any person.
The city ordinance exempts some bags from the single-use carryout definition including:
Plastic bags used for produce, meats, nuts, grains and other bulk items inside grocery or other retail stores,
Single-use plastic bags used by restaurants to take away prepared food only where necessary to prevent moisture damage from soups, sauces, gravies or dressings,
Recyclable paper bags used by restaurants to take away prepared food,
Recyclable paper bags from pharmacies or veterinarians for prescription drugs,
Laundry, dry cleaning or garment bags,
Biodegradable door-hanger and newspaper bags, and
Bags for trash, yard debris and pet waste.
The Dallas 5 cent paper and plastic bag tax or environment fee applies only to single-use carryout bags defined as bags not meeting the requirements of a reusable bag.
Businesses that violate the ordinance can be fined up to a maximum of $500 per day.
Lee Califf, executive director of the American Progressive Bag Alliance, a bag manufacturing group, said “This legislation applies to a product that is less than 0.5 percent of municipal waste in the United States and typically less than 1 percent of litter in studies conducted across the country;” “Placing a fee on a product with such a minuscule contribution to the waste and litter streams will not help the environment: but it will cost Dallas consumers millions more per year on their grocery bills, while hurting small business and threatening the livelihoods of the 4,500 Texans who work in the plastic bag and recycling industry.”
Stop the shakedown of Dallas businesses and their customers. Repeal the inconvenient tax on paper and plastic disposable bags by voting out of office the Dallas-8 city council members who voted for this tax, Dwaine Caraway. Support your Texas state representatives in passing a new law that would prohibit cities such as Dallas and Austin from banning or taxing paper and plastic carryout bags.
On January 1, 2015, the Carryout Bag Ordinance will start in Dallas.
Are you ready?
RETAILERS
CUSTOMERS
Retailers offering single-use bags to customers must:
Register ELECTRONICALLYHERE; works best on Chrome or Firefox (if you need to register using a paper form via USPS, clickhere)
Assess a five-cent environmental fee for each single-use bag; the environmental fee is not subject to sales tax
Print total number of bags and fee on each receipt
Keep records available for inspectors
Post signs in controlled parking lots reminding customers to bring their bags
Post signs in the store, within six feet of each register, per the ordinance SAMPLE HERE
The full link to the Code Compliance carryout bag website, with forms and additional information, is here
Retailers offering only reusable bags, as defined by the ordinance, have different requirements.
All retailers should look at their operations and determine if their bags are single-use, reusable, or exempted from the single-use definition. Consult the full ordinance for all details pertaining to the ordinance and what is expected for each type of bag including thickness, language on the bag, durability, signage, and other considerations.
Customers, you are encouraged to bring your bagand keep your change.Single-use carryout bags have a five-cent per bag environmental fee. A single-use bag can be paper or plastic.Reusable bags do not have the environmental fee, though stores may charge you to offset costs. Reusable bags stores offer can be made from cloth or other washable woven materials, recyclable paper, or recyclable plastic so long as they meet certain requirements. However, any bag you bring with you to use is considered reusable since you are reusing it.There are some bags that are exempted from the single-use bag definition:
Laundry, dry cleaning or garment bags;
Biodegradable door-hanger and newspaper bags;
Bags for trash, yard debris or pet waste;
Plastic bags used for produce, meats, nuts, grains and other bulk items inside grocery or other retail stores;
Recyclable paper bags from pharmacies or veterinarians for prescription drugs; and,
Recyclable paper bags used by restaurants to take away prepared food.
Single-use plastic bags used by restaurants to take away prepared food only where necessary to prevent moisture damage from soups, sauces, gravies or dressings.
Remember to recycle the bags you can recycle appropriately.
Many wonder why the City passed this ordinance. The Dallas City Council passed the ordinance to help improve the environment and keep our city clean. The City is currently spending nearly $4 million dollars to remove litter from our community to keep it beautiful and thriving.
The Carryout Bag ordinance is intended to encourage shoppers to use reusable bags to carry goods from stores, restaurants, and other locations to reduce the number of bags that can end up loose in the environment as litter.
To help you understand, we have created this list of frequently asked question.
The carryout bag ordinance outlines the City’s “desire to protect the natural environment, the economy and the health of its residents,” and the “negative impact on the environment caused by improper disposal of single-use carryout bags.” The Dallas City Council approved the ordinance on March 26, 2014.
The ordinance takes effect on January 1, 2015.
Retailers and customers should be ready and know all the details. This website and the City’s Code Compliance Services website have details to help retailers prepare. The links to the Code website on DallasCityHall.com are below.
Some are still unclear how the ordinance may impact them.
Businesses will have to register each location with the City in order to offer single-use bags. No registration is necessary if a business is only offering reusable bags or bags that are exempted from the single-use bag definition in the ordinance. Businesses must be registered before distributing single-use carryout bags starting January 1, 2015. Businesses are required to collect a five-cent environmental fee for every single-use bag used by a customer.
Customers will be charged a five-cent environmental fee for each single-use bag, paper or plastic, they receive from retailers. Again, reusable bags and bags exempted from the definition of single-use bags do not carry the environmental fee. You can avoid the environmental fee by bringing your own bags with you. The five cent fee assessed for the single-use bag is not subject to sales tax.
Will I still be able to get plastic carryout bags?
Yes, provided your retailer chooses to offer them and collect the environmental fee.
Can I bring my own reusable bags to carry out items I purchased?
Yes. Customers are encouraged to bring their own reusable bags to carry out their items instead of paying the five-cent environmental fee per single-use plastic or paper bag.
If I reuse a single-use carryout bag, will I have to pay the fee again?
Whatever bag you bring — tote bag, golf bag, diaper bag, satchel, purse, or produce bag — if you bring it with you to reuse, you do not have to pay the environmental fee.
Where does the money go?
A portion of the fees will be used to pay for enforcement of the ordinance and for public education efforts. Stores keep 10 percent of the five-cent fee to help offset administrative costs.
Does this ordinance apply to all businesses?
All retailers that offer single-use carryout bags in Dallas are subject to this ordinance.
What about non-profits or charities?
If the non-profit or charity offers food, groceries, clothing, or other household items free of charge to clients, they may still use single-use carryout bags for the specific function of distributing those items. However, the ordinance will apply to any bags used at the point of sale for any goods sold through the non-profit or charity.
Additionally, any non-profit or charity that collects goods for donation from the public or which leaves informational material for the public must be sure any door-hanger bags left for collecting those goods or providing that informational material are biodegradable.
Does the ordinance include all bags?
The ordinance applies to single-use paper or plastic carryout bags used by businesses as defined in the ordinance language.
What if businesses don’t follow the ordinance?
Businesses that violate the ordinance could face fines of up to $500 per day.
How will the ordinance be enforced?
City Code Compliance inspectors will respond to complaints and provide proactive enforcement.
How can the City know if businesses aren’t complying with the law? Will they be doing more inspections?
There will be proactive enforcement and periodic audits. Additionally, the City will respond to complaints from residents.
Will the ban on single-use bags at city facilities apply to retailers at American Airlines Center, city museums, the Omni Dallas Hotel, and Fair Park?
Yes. The City Attorney’s Office will work with Code Enforcement to determine which facilities are affected and how.
Whom should I contact if I have additional questions?
Call 3-1-1, the Office of Environmental Quality, Code Compliance or email us atgreendallas@dallascityhall.com.
NEW⇒ Where can I find the forms? Forms and more information are available on the Code Compliance website dedicated to the Carryout Bag Ordinance here.
But beginning January 1 retailers will have to charge customers who want them “an environmental fee” of five cents per bag, and they will get to keep 10 percent of that money. The ordinance also says retailers who want to keep handing out plastic and paper bags will have to register with the city and keep track of bags sold.
The city says the money raised from the bag fees will help go toward funding enforcement and education efforts that assistant city manager Jill Jordan told the council could cost around $250,000 and necessitate the hiring of up to 12 additional staff members.
Wednesday’s vote came a year after council member Dwaine Caraway asked the city attorney to draft an ordinance that completely banned the bag. The council member says the ordinance passed today was a compromise born out of “a fair process” that included environmentalists, bag manufactures and retailers. Several of his colleagues wanted to send the proposed ordinances back to committee for further debate. But Caraway wanted a vote now.
“You get to a point where it’s time to make decisions, decisions that will have a great impact on the city of Dallas and our environmental status … and the beautification of our city,” he said. The process has “been pretty tough. it’s been back and forth. We listened and listened fairly.”
But six of his colleagues disagreed: Sheffie Kadane said the fee-based ban will result in a lawsuit from retailers and manufacturers. Rick Callahan called it a “government intrusion.” Jennifer Staubach Gates said it wouldn’t do any good, because in five years the reusable bags supported by the environmentalists will end up in landfills too. And Jerry Allen said the three options being considered by council, including a full-out ban, represented “a lack of clear conviction,” which he found disappointing.
And then there was Lee Kleinman, who on Friday indicated he supported the fee-based ordinance. Five days later he’d changed his mind and said he no longer cared what happened in his colleagues’ districts.
“I would personally probably stay more focused on my own district, which does not have the same trash problems as others,” he said, to the amazement of some of his southern sector colleagues. “Why should I care if someone is shopping like at Southwest Center Mall and they want a plastic bag? If people in that community are satisfied with the conditions around that mall, why should I utilize my position in North Dallas to improve those conditions? I should just focus my energies on North Dallas redevelopment projects and not help another improve quality of life in other areas of the city.”
That entire speech is above, thanks to my colleague Scott Goldstein.
Vonciel Jones Hill, who has said in the past she opposes any ban or bag tax, was no present for today’s vote. Monica Alonzo also voted against it, but said nothing.
In a statement released following the vote, the American Progressive Bag Alliance said it’s “a move that will fail to accomplish any environmental goals while jeopardizing 4,500 Texas jobs and hurting consumers.”
Its executive director, Lee Califf, said in a statement that “the vote to approve a 5-cent plastic and paper grocery bag fee in Dallas is another example of environmental myths and junk science driving poor policy in the plastic bag debate.”
But it’s not clear if the state will allow Dallas’ new bag “ban” — or bag tax, more appropriately.
Attorney General Greg Abbott is going to weigh in on the legality of bag bans, following a request by state Rep. Dan Flynn of Canton on behalf of the Texas Retailers Association. Jerry Allen asked Dallas City Attorney Warren Ernst if the state allows bag bans.
“We are ready to defend that position,” Ernst said. “If it’s the will of the council to pass the ordinance, we’ll defend that as a legal action by the city.”
Allen was not convinced, insisting “there’s a tremendous amount of uncertainty.” Ernst appeared to agree.
Those council members opposed to the ordinance said Dallas needs to do a better job of enforcing its litter laws. Jordan told the council that the city spends $4 million annually on trash pick-up, “and we still have litter.”
In the end, said council member Scott Griggs, “this is just one step. We tackle the bags then we can move on to Styrofoam and other issues that cause trash. This is a large elephant we’ll have to take on as a city and a council.”
Kroger’s Gary Huddleston, also of the Texas Retailers Association, shared a hug with Dwaine Caraway following today’s council vote.
Following the vote, Gary Huddleston, head of the Texas Retailers Association, said he wasn’t sure whether his organization would sue the city. He noted that they are awaiting the attorney general’s ruling on the legality of a fee.
“It will affect the retailers in the city of Dallas and it will affect our customers,” Huddleston said. “They’ll have to pay for their paper and plastic bags or they bring in their reusable bags.”
“We personally believe the solution to litter in the city of Dallas is a strong recycling program and also punishing the people that litter and not punishing the retailer,” Huddleston said.
The fee means that businesses will have to institute additional programming and training in order to enforce ordinance and track the fees. Customers will “have to pay a nickel a bag, whereas maybe they use that nickel to buy more product in my store.”
But Huddleston’s concerns didn’t stop him from hugging Caraway outside chambers. The two men smiled and embraced in front of television cameras.
The council member said he was pleased with the result of more than a year of work. He refused to call the fee a “tax.”
“It’s a ban with a fee, such as other cities are doing across the United States,” Caraway said.
He said it’s important for residents to know the ban does not cover a variety of bags, such as those in the produce section of grocery stores or at restaurants
“Folks need to understand that these are single-use carryout bags,” Caraway said. “These are simply those thin, flimsy bags that take flight and that are undesirable and bad for the environment.”
Staff writer Scott Goldstein contributed to this report.
Dallas Will Charge Fees for Plastic Bag Use
By Josh Ault and Ken Kalthoff
The City of Dallas has implemented new rules for plastic grocery bags, imposing a 5 cent fee on single-use plastic or paper grocery bags. The rules go into effect in January. (Published Wednesday, Mar 26, 2014)
Thursday, Mar 27, 2014 • Updated at 5:56 AM CST
The Dallas City Council has passed a proposal ordering retailers to charge a fee for one-time use plastic bags while partially banning them from city-owned facilities.
In a 8-6 vote, the council passed the ordinance requiring retailers to charge customers a $0.05 fee if they request single-use plastic or paper bags.
Dallas Plastic Bag Ban Vote Wednesday[DFW] Dallas Plastic Bag Ban Vote Wednesday
The Dallas City Council is expected to vote on plastic bag ban issue on Wednesday. (Published Monday, Mar 24, 2014)
Dallas City Councilman Dwaine Caraway accepted the compromise of a bag fee after spending a year fighting for a ban on single-use bags.
“This is an opportunity for us to clean our city, to clean our environment and to move forward, and to be like the other cities across the country and around the world,” Caraway said.
Zac Trahan with Texas Campaign for The Environment said Austin and eight smaller Texas cities have taken stronger action by banning single-use bags, but he still supported the Dallas regulations.
“It’s still a step in the right direction because it will still result in a huge reduction in the number of bags that will be distributed,” he said.
The ordinance also requires those retailers to register with the city and track the number of single-use bags sold.
The retailer would keep 10 percent of the environmental fee with the remainder going to the city to fund enforcement and education efforts.
Lee Califf, the executive director of the bag manufacturers’ group American Progressive Bag Alliance, released the following statement after the ordinance was passed.
“The vote to approve a 5-cent plastic and paper grocery bag fee in Dallas is another example of environmental myths and junk science driving poor policy in the plastic bag debate. This legislation applies to a product that is less than 0.5% of municipal waste in the United States and typically less than 1% of litter in studies conducted across the country. The City Council rushed through a flawed bill to appease its misguided sponsor, despite the fact that 70% of Dallas residents opposed this legislation in a recent poll.
“Placing a fee on a product with such a minuscule contribution to the waste and litter streams will not help the environment; but it will cost Dallas consumers millions more per year on their grocery bills, while hurting small businesses and threatening the livelihoods of the 4,500 Texans who work in the plastic bag manufacturing and recycling industry. Councilman Caraway may view this vote as a victory for his political career, but there are no winners with today’s outcome.”
Several Council Members opposed any new restrictions.
Rick Callahan said grocery bags are only a small part of the Dallas litter problem and better recycling education is needed.
“Banning something or adding a fee, putting more regulation on business is not the answer,” Callahan said.
The ordinance does ban single-use plastic or paper bags at city-owned facilities and events.
It still allows distributing multi-use, or stronger, paper or plastic bags for free so stores can get around charging the fee by offering better bags.
The ordinance goes into effect Jan. 1, 2015.
After more than a year of considering a ban on disposable shopping bags, the Dallas City Council voted instead last week to impose a 5-cent “environmental fee” on each bag.
In previous columns, Steve Blow had opposed a ban, while Jacquielynn Floyd had supported it. Today, they debate the council’s new approach.
Steve: Leave it to the Dallas City Council to take a bad idea and find a way to make it worse. I thought a ban on shopping bags was a bad idea, but slapping a new tax on Dallas shoppers is even more pointless.
This isn’t just a new tax, it’s a new mini-bureaucracy at City Hall. There’s talk of hiring 12 new people to run the program. And I’m sure someone is already writing a job description for a Deputy Junior Assistant City Manager for Retail Packaging Assessment and Oversight.
Good grief. I had little faith that a ban would accomplish much. I’m even more dubious about a bag tax — except as a tool of government growth.
Jacquielynn: Dude, it’s a nickel. Nobody’s getting taxed into bankruptcy here.
I hope, in fact, that this modest 5 cents is enough to assign at least minimal value to these awful bags. The reason they end up on fences, in fields and as tree garbage is that they’re so free and plentiful.
Almost everybody collects them every day — yet they have virtually no value. It’s human nature to take something for free, then toss it or lose track if you don’t need it.
Like it or not, this is the direction cities are headed. Los Angeles has had a ban in effect for more than a year. New York and Chicago are talking about either banning or limiting plastic bags.
I don’t think this is a case of forcing people to bow to the authoritarian rule of government overlords — we’re asking for a very minor change in their habits. It makes environmental sense, like other conservation and recycling measures that have become routine.
Steve: They don’t end up as litter because they’re free and plentiful. They end up as litter because a few dopes among us litter. A nickel is not going to transform those dopes into responsible citizens. Anyone careless with trash is not going to suddenly become careful with 5-cent trash.
On a fundamental level, this issue chaps my inner libertarian. I don’t think “government regulation” is automatically a dirty word. But I firmly believe the need must be obvious and compelling before we add more regulation.
Jack, you may be fixated on plastic bags as you drive around, but I promise they make up a small percentage of the litter that’s out there. I see more cups than anything. Will we be required to carry around reusable cups next? Or pay a cups tax?
Jacquielynn: Steve, I agree that clueless dolts dump all kinds of garbage, from burger wrappers to moldy old sofas.
Plastic bags are a particular problem, though, for the very qualities that make them such a successful consumer product: They’re cheap, durable, lightweight and water-resistant. They’re mobile, easily blown into trees, creeks, fences and even for miles out into rural areas. A farmer who lives outside Dallas told me this week he hates plastic bags because when they land on his property, baby calves can choke on them.
Most of us don’t have calf problems, but the bags’ weightlessness makes them vulnerable to any breeze. Even if they’re responsibly discarded, they’ll blow out of open trash cans, trucks, you name it.
They’re not just a blight — they’re a highly contagious blight.
Steve: Oh, c’mon. How am I supposed to rebut choking baby calves?
I will point out that Washington, D.C., has a real paradox on its hands. It implemented a 5-cent fee on disposable bags in 2010. And in a survey last year, residents reported using 60 percent fewer bags.
But get this: Tax revenue from the bags has been going up, not down as was expected. The city had originally projected to collect $1.05 million in fiscal 2013. Instead, bag fees topped $2 million.
The dollars don’t lie. More bags are being used after four years. Sure, some people will switch to reusable bags. But this sure isn’t going to make plastic bags disappear. Is a regressive new tax really worth it?
Jacquielynn: I’d be happy to sidestep the entire “tax” issue by banning bags outright. If you want groceries, make sure you have a way to get them home.
But if cities aren’t ready to take that step, and they actually see a windfall out of bag taxes, maybe that should be dedicated to cleanup efforts.
Ideally, though, stores wouldn’t have the things at all. They can make boxes available (a la Costco). They can sell heavier plastic multiple-use bags for 25 or 50 cents. Shoppers buying just one or two items could learn to use the flexible appendages at the ends of their arms to carry stuff away.
The mail I’ve received from angry readers makes it plain that a lot of people loathe this plan, whether you call it a ban or a tax.
But I just don’t think we’re asking for a dramatic change in the way we live our lives. If we don’t stop assuming that everything we send to the landfill magically disappears, the landfill is going to start coming to us. Do you really want to live in a city that has garbage in the trees?
Steve: No, it’s not a drastic change. Just a needless one. And I’m looking out my office window at six or seven trees with nary a bag in sight. Except for a few spots, the litter problem has been overblown.
I just wish we had tried a major public-awareness campaign before imposing more taxes and more regulation. 1. Recycle bags where you get them. 2. Try reusable bags. 3. Don’t litter, you dope.
Jacquielynn: On those points, we’re in wholehearted agreement.
Don’t bag it. Butt out. That’s the message Wednesday to Attorney General Greg Abbott from supporters of efforts to ban the use of plastic bags in Texas. The Attorney General has been asked to determine whether or not city ordinances like the one in Austin go too far and violate state law. While Abbott was told to back off, the state lawmaker who asked the Attorney General to get involved explained why he made the request.
It’s no longer legal in Austin for a retailer to provide customers with plastic bags. Wednesday, those who want to keep the bag ban on the books gathered at the state capitol to send a message.
“We call on the Attorney General today to keep his nose out of local government’s business of protecting the health of their residents and local communities, and leave well enough alone,” said Robin Schneider who is the Executive Director of Texas Campaign for the Environment.
The group is filing a legal brief to convince the Attorney General that cities in Texas have the Home-Rule authority to out-law plastic bags. Austin is among nearly a dozen towns that have passed bag ban ordinances. Wednesday is the deadline to weigh in before the Attorney General issues an opinion. The question is whether or not a municipal ban violates the state health and safety code.
The state lawmaker who requested the legal opinion, state Rep. Dan Flynn (R) Vann said his concern is not necessarily about the use of plastic bags but about the perceived abuse of power.
“The last this particular law was looked at was about 20 years ago,” said Rep. Flynn.
The Republican from Van heads up a House Committee created to make government more transparent. According to Flynn, he made the request for a legal opinion after getting several calls asking for clarification.
“It’s not about Austin, it’s all about state authority and the power grab by some cities over state law, that’s just about the easiest way to say it.”
When a ban on plastic bags was approved in Austin, the lack of a similar, free, option spurred much of the opposition. Shoppers are required to buy their own reusable cloth of thick plastic bags. Some stores in Austin do provide paper bags but typically charge for them,” said Flynn.
“They’re not charging in Fort Stockton,” said Darren Hodges, Mayor Pro Tem of that west Texas town.
The Fort Stockton city council worked with local retailers before being one of the first to pass a ban. According to Hodges, free biodegradable bags are offered to Fort Stockton shoppers. That kind of option, he agreed, could help reduce back lash in communities considering similar action.
“It’s best to get with your big bag people and work with them on something that they can live with, at least get everyone involved in the process and see if you can move forward,” said Hodges.
An A.G. ruling against bag bans will not strike down any ordinance. It could provide a legal foot-hold for any group that takes a city to court.
The Dallas city council, earlier Wednesday, considered its own bag ban. Instead of out-lawing them, in a close vote, the Dallas council passed an environmental fee ordinance, which is essentially a new tax.
Starting next year shoppers in Dallas will be charged 5-cents for every plastic and paper bag that they use.
In reaction to the Dallas council vote, the American Progressive Bag Alliance issued the following statement:
“The vote to approve a 5-cent plastic and paper grocery bag fee in Dallas is another example of environmental myths and junk science driving poor policy in the plastic bag debate. This legislation applies to a product that is less than 0.5% of municipal waste in the United States and typically less than 1% of litter in studies conducted across the country. The City Council rushed through a flawed bill to appease its misguided sponsor, despite the fact that 70% of Dallas residents opposed this legislation in a recent poll.”
Los Angeles rang in the 2014 New Year with a ban on the distribution of plastic bags at the checkout counter of big retailers, making it the largest of the 132 cities and counties around the United States with anti-plastic bag legislation. And a movement that gained momentum in California is going national. More than 20 million Americans live in communities with plastic bag bans or fees. Currently 100 billion plastic bags pass through the hands of U.S. consumers every year—almost one bag per person each day. Laid end-to-end, they could circle the equator 1,330 times. But this number will soon fall as more communities, including large cities like New York and Chicago, look for ways to reduce the plastic litter that blights landscapes and clogs up sewers and streams.
While now ubiquitous, the plastic bag has a relatively short history. Invented in Sweden in 1962, the single-use plastic shopping bag was first popularized by Mobil Oil in the 1970s in an attempt to increase its market for polyethylene, a fossil-fuel-derived compound. Many American customers disliked the plastic bag when it was introduced in 1976, disgusted by the checkout clerks having to lick their fingers when pulling the bags from the rack and infuriated when a bag full of groceries would break or spill over. But retailers continued to push for plastic because it was cheaper and took up less space than paper, and now a generation of people can hardly conceive of shopping without being offered a plastic bag at the checkout counter.
The popularity of plastic grocery bags stems from their light weight and their perceived low cost, but it is these very qualities that make them unpleasant, difficult, and expensive to manage. Over one third of all plastic production is for packaging, designed for short-term use. Plastic bags are made from natural gas or petroleum that formed over millions of years, yet they are often used for mere minutes before being discarded to make their way to a dump or incinerator—if they don’t blow away and end up as litter first. The amount of energy required to make 12 plastic bags could drive a car for a mile.
In landfills and waterways, plastic is persistent, lasting for hundreds of years, breaking into smaller pieces and leaching out chemical components as it ages, but never fully disappearing. Animals that confuse plastic bags with food can end up entangled, injured, or dead. Recent studies have shown that plastic from discarded bags actually soaks up additional pollutants like pesticides and industrial waste that are in the ocean and delivers them in large doses to sea life. The harmful substances then can move up the food chain to the food people eat. Plastics and the various additives that they contain have been tied to a number of human health concerns, including disruption of the endocrine and reproductive systems, infertility, and a possible link to some cancers.
California—with its long coastline and abundant beaches where plastic trash is all too common—has been the epicenter of the U.S. movement against plastic bags. San Francisco was the first American city to regulate their use, starting with a ban on non-compostable plastic bags from large supermarkets and chain pharmacies in 2007. As part of its overall strategy to reach “zero waste” by 2020 (the city now diverts 80 percent of its trash to recyclers or composters instead of landfills), it extended the plastic bag ban to other stores and restaurants in 2012 and 2013. Recipients of recycled paper or compostable bags are charged at least 10ȼ, but—as is common in cities with plastic bag bans—bags for produce or other bulk items are still allowed at no cost. San Francisco also is one of a number of Californian cities banning the use of polystyrene (commonly referred to as Styrofoam) food containers, and it has gone a step further against disposable plastic packaging by banning sales of water in plastic bottles in city property.
All told, plastic bag bans cover one-third of California’s population. Plastic bag purchases by retailers have reportedly fallen from 107 million pounds in 2008 to 62 million pounds in 2012, and bag producers and plastics manufacturers have taken note. Most of the ordinances have faced lawsuits from plastics industry groups like the American Chemistry Council (ACC). Even though the laws have largely held up in the courts, the threat of legal action has deterred additional communities from taking action and delayed the process for others.
Ironically, were it not for the intervention of the plastics industry in the first place, California would likely have far fewer outright plastic bag bans. Instead, more communities might have opted for charging a fee per bag, but this option was prohibited as part of industry-supported state-wide legislation in 2006 requiring Californian grocery stores to institute plastic bag recycling programs. Since a first attempt in 2010, California has come close to introducing a statewide ban on plastic bags, but well-funded industry lobbyists have gotten in the way. A new bill will likely go up for a vote in 2014 with the support of the California Grocers Association as well as state senators who had opposed an earlier iteration.
Seattle’s story is similar. In 2008 the city council passed legislation requiring groceries, convenience stores, and pharmacies to charge 20ȼ for each one-time-use bag handed out at the cash register. A $1.4 million campaign headed by the ACC stopped the measure via a ballot initiative before it went into effect, and voters rejected the ordinance in August 2009. But the city did not give up. In 2012 it banned plastic bags and added a 5ȼ fee for paper bags. Attempts to gather signatures to repeal this have been unsuccessful. Eleven other Washington jurisdictions have also banned plastic bags, including the state capital, Olympia. (See database of U.S. plastic bag initiatives and a timeline history.)
A number of state governments have entertained proposals for anti-plastic bag legislation, but not one has successfully applied a statewide charge or banned the bags. Hawaii has a virtual state prohibition, as its four populated counties have gotten rid of plastic bags at grocery checkouts, with the last one beginning enforcement in July 2015. Florida, another state renowned for its beaches, legally preempts cities from enacting anti-bag legislation. The latest attempt to remove this barrier was scrapped in April 2014, although state lawmakers say they will revisit the proposal later in the year.
Opposition to plastic bags has emerged in Texas, despite the state accounting for 44 percent of the U.S. plastics market and serving as the home to several important bag manufacturers, including Superbag, one of America’s largest. Eight cities and towns in the state have active plastic bag bans, and others, like San Antonio, have considered jumping on the bandwagon. Austin banned plastic bags in 2013, hoping to reduce the more than $2,300 it was spending each day to deal with plastic bag trash and litter. The smaller cities of Fort Stockton and Kermit banned plastic bags in 2011 and 2013, respectively, after ranchers complained that cattle had died from ingesting them. Plastic bags have also been known to contaminate cotton fields, getting caught up in balers and harming the quality of the final product. Plastic pollution in the Trinity River Basin, which provides water to over half of all Texans, was a compelling reason for Dallas to pass a 5ȼ fee on plastic bags that will go into effect in 2015.
Washington, D.C., was the first U.S. city to require food and alcohol retailers to charge customers 5ȼ for each plastic or paper bag. Part of the revenue from this goes to the stores to help them with the costs of implementation, and part is designated for cleanup of the Anacostia River. Most D.C. shoppers now routinely bring their own reusable bags on outings; one survey found that 80 percent of consumers were using fewer bags and that over 90 percent of businesses viewed the law positively or neutrally.
Montgomery County in Maryland followed Washington’s example and passed a 5ȼ charge for bags in 2011. A recent study that compared shoppers in this county with those in neighboring Prince George’s County, where anti-bag legislation has not gone through, found that reusable bags were seven times more popular in Montgomery County stores. When bags became a product rather than a freebie, shoppers thought about whether the product was worth the extra nickel and quickly got into the habit of bringing their own bags.
One strategy of the plastics industry—concerned about declining demand for its products—is an attempt to change public perception of plastic bags by promoting recycling. Recycling, however, is also not a good long-term solution. The vast majority of plastic bags—97 percent or more in some locales—never make it that far. Even when users have good intentions, bags blow out of outdoor collection bins at grocery stores or off of recycling trucks. The bags that reach recycling facilities are the bane of the programs: when mixed in with other recyclables they jam and damage sorting machines, which are very costly to repair. In San Jose, California, where fewer than 4 percent of plastic bags are recycled, repairs to bag-jammed equipment cost the city about $1 million a year before the plastic bag ban went into effect in 2012.
Proposed plastic bag restrictions have been shelved in a number of jurisdictions, including New York City, Philadelphia, and Chicago, in favor of bag recycling programs. New York City may, however, move ahead with a bill proposed in March 2014 to place a city-wide 10ȼ fee on single-use bags. Chicago is weighing a plastic bag ban.
In their less than 60 years of existence, plastic bags have had far-reaching effects. Enforcing legislation to limit their use challenges the throwaway consumerism that has become pervasive in a world of artificially cheap energy. As U.S. natural gas production has surged and prices have fallen, the plastics industry is looking to ramp up domestic production. Yet using this fossil fuel endowment to make something so short-lived, which can blow away at the slightest breeze and pollutes indefinitely, is illogical—particularly when there is a ready alternative: the reusable bag.
A Short History of the Plastic Bag: Selected Dates of Note in the United States and Internationally
1933
Polyethylene is discovered by scientists at Imperial Chemical Industries, a British company.
1950
Total global plastics production stands at less than 2 million metric tons.
1965
Sten Thulin’s 1962 invention of the T-shirt bag, another name for the common single-use plastic shopping bag, is patented by Swedish company Celloplast.
1976
Mobil Oil introduces the plastic bag to the United States. To recognize the U.S. Bicentennial, the bag’s designs are in red, white, and blue.
1982
Safeway and Kroger, two of the biggest U.S. grocery chains, start to switch from paper to plastic bags.
1986
Plastic bags already account for over 80 percent of the market in much of Europe, with paper holding on to the remainder. In the United States, the percentages are reversed.
June 1986
The half-million-member-strong General Federation of Women’s Clubs starts a U.S.-wide letter writing campaign to grocers raising concerns about the negative environmental effects of plastic bags.
Late 1980s
Plastic bag usage estimated to catch up to paper in U.S. groceries.
1989
Maine passes a law requiring retailers to only hand out plastic bags if specifically requested; this is replaced in 1991 by a statewide recycling initiative.
1990
The small Massachusetts island of Nantucket bans retail plastic bags.
1994
Denmark begins taxing retailers for plastic bags.
1996
Four of every five grocery bags used in the United States are made of plastic.
1997
Captain Charles Moore discovers the “Great Pacific Garbage Patch” in the remote North Pacific, where plastic is estimated to outweigh zooplankton six to one, drawing global attention to the accumulation of plastics in the ocean.
2000
Mumbai, India, bans plastic bags, with limited enforcement.
2002
Global plastics production tops 200 million metric tons.
March 2002
Ireland becomes the first country to tax consumers’ use of plastic bags directly.
March 2002
Bangladesh becomes the first country to ban plastic bags. Bags had been blamed for exacerbating flooding.
2006
Italy begins efforts to pass a national ban on plastic bags; due to industry complaints and legal issues, these efforts are ongoing.
April 2007
San Francisco becomes the first U.S. city to ban plastic grocery bags, later expanding to all retailers and restaurants.
2007-2008
The ACC spends $5.7 million on lobbying in California, much of it to oppose regulations on plastic bags.
June 2008
China’s plastic bag ban takes effect before Beijing hosts the Olympic Games.
September 2008
Rwanda passes a national ban on plastic bags.
2009
Plastics overtake paper and paperboard to become the number one discarded material in the U.S. waste stream.
July 2009
Hong Kong’s levy on plastic bags takes effect in chains, large groceries, and other more sizable stores; it is later expanded to all retailers.
August 2009
Seattle’s attempt to impose a 20ȼ fee on both paper and plastic bags is defeated before it can take effect by a referendum financed largely by the American Chemistry Council (ACC).
December 2009
Madison, Wisconsin, mandates that households recycle plastic bags rather than disposing of them with their trash.
January 2010
Washington, D.C., begins requiring all stores that sell food or alcohol to charge 5ȼ for plastic and paper checkout bags.
2010
Major bag producer Hilex Poly spends over $1 million in opposition to a proposed statewide plastic bag ban in California.
2010
Plastic bags appear in the Guinness World Records as the world’s “most ubiquitous consumer item.”
October 2011
In Oregon, Portland’s ban on plastic bags at major groceries and certain big-box stores begins.
May 2012
Honolulu County approves a plastic bag ban (to go into effect in July 2015), completing a de facto state-wide ban in Hawaii.
July 2012
Seattle’s plastic bag ban takes effect nearly three years after the first tax attempt failed.
March 2013
A bag ban takes effect in Austin, TX.
September-October 2013
During the Ocean Conservancy’s 2013 Coastal Cleanup event, more than 1 million plastic bags were picked up from coasts and waterways around the world.
January 2014
Los Angeles becomes the largest U.S. city to ban plastic bags.
April 2014
Members of the European Parliament back new rules requiring member countries to cut plastic bag use 50 percent by 2017 and 80 percent by 2019.
April 2014
Over 20 million people are covered under 132 city and county plastic bag bans or fee ordinances in the United States.
Selected Plastic Bag Regulations in the United States
Boulder, CO
Boulder grocery stores charge 10ȼ for plastic and paper bags. The city’s reasons for applying the fee to both were that plastic bags are difficult to recycle and paper bag production is also energy- and water-intensive. Stores keep 4ȼ and the rest of the money goes to the city to cover administrative costs, to provide residents with free reusable bags, and to otherwise minimize the impacts of bag waste. Just six months after the fee began in 2013, the city announced that bag use had dropped by 68 percent.
Chicago, IL
The Chicago City Council has visited the idea of limiting plastic bags giveaways several times over the last six years. In 2008 a proposed bag ban was rejected in favor of a bag recycling program. A bill banning plastic bags at most retailers is under consideration.
Dallas, TX
Plastic bags and bottles make up about 40 percent of all the trash in the Trinity River that provides water to over half of all Texans, including those living in Dallas-Fort Worth and Houston, according to estimates by Peter Payton, Executive Director of Groundwork Dallas, a group that does monthly cleanups in the watershed. In March 2014, a 5ȼ fee on plastic and paper bags at all grocery and retail stores, along with a ban on plastic bags at all city events, facilities, and properties, was approved by the City Council. It will go into effect in January 2015. Nine tenths of the revenue generated from bag sales will go to the city.
Hawaii
In April 2012, Honolulu County joined the counties of Maui, Kauai, and Hawaii in banning non-biodegradable plastic bags. This amounts to a de facto statewide bag ban—a first for the United States. The ordinances state that plastic bag use must be regulated “to preserve health, safety, welfare, and scenic and natural beauty.” Retailers have until mid-2015 to comply.
Los Angeles County (Unincorporated), CA
In July 2011, a ban on plastic bags in large stores took effect in the unincorporated area of Los Angeles County, home to 1.1 million people. In January 2012, that ban expanded to include small stores, like pharmacies and convenience marts. Nearly 800 retail stores are affected. This was the first in California to add a 10ȼ charge for paper bags; since its enactment, all other California municipalities have included a paper bag charge. In December 2013, the Department of Public Works announced that the ordinance had resulted in a sustained 90 percent reduction in single-use bag use at large stores.
Los Angeles, CA
In June 2013, the City Council of Los Angeles voted to ban stores from providing plastic carryout bags to customers, as well as to require stores to charge 10ȼ for paper bags. Large retailers are affected in January 2014; smaller retailers are affected in July 2014. The city was spending $2 million a year cleaning up plastic bags.
Manhattan Beach, CA
After passing a plastic bag ban in 2008, the city became the first to be sued by the Save the Plastic Bag Coalition—a group of plastic bag manufacturers and distributors—for not preparing an environmental impact report as required under the California Environmental Quality Act. The Coalition claimed a shift from plastic to recycled paper bags would harm the environment. Two lower courts sided with the Coalition and ruled that a report was required, but in 2011, on appeal, the California Supreme Court said that any increased use of paper bags in a small city like Manhattan Beach would have negligible environmental impact and therefore a report was unnecessary. This precedent allowed many California cities to proceed with banning plastic bags without such a report.
Nantucket Island, MA
Nantucket, a small seasonal tourist town, banned non-biodegradable plastic bags in 1990. Facing a growing waste disposal problem, the town envisioned building a facility where as much material as possible could be diverted from the landfill to be recycled or composted; such a facility would only be able to accept biodegradable bags.
New York City, NY
Former Mayor Michael Bloomberg proposed a 5ȼ tax on plastic bags in 2009, but the idea was later dropped in a budget agreement with the City Council. In March 2014, the City Council began to consider a proposal mandating a 10ȼ charge per plastic and paper bag at most stores.
San Francisco, CA
San Francisco was the first U.S. city to regulate plastic bags. The original ordinance, which was adopted in April 2007, banned non-compostable plastic bags at all large supermarkets and chain pharmacies. In October 2012 the law was applied to all stores, and in October 2013 the law expanded to restaurants. The Save the Plastic Bag Coalition sued the city, contesting the extensions to the ban, but those were upheld by the First District Court of Appeal in December 2013. In April 2014, the Supreme Court of California denied the Coalition’s first appeal, allowing the city to keep its bag ban.
Santa Monica, CA
Santa Monica has banned plastic bags from all retailers since September 2011. Grocery, liquor, and drug stores may offer paper bags for 10ȼ each, while department stores and restaurants may provide paper bags for no fee. Because the Save the Plastic Bag Coalition had sued other cities for not conducting an environmental impact review prior to the announcements of their bag bans, Santa Monica conducted a review and thus avoided a lawsuit. Plastic bags for carryout food items from restaurants and reusable bags made from polyethylene are allowed.
Seattle, WA
In July 2008 the Seattle government approved a 20ȼ charge on all paper and plastic checkout bags, but opponents collected enough signatures to put the ordinance up for a vote on the August 2009 primary ballot. The Coalition to Stop the Seattle Bag Tax—consisting of the American Chemistry Council’s Progressive Bag Affiliates, 7-Eleven, and the Washington Food Industry—spent $1.4 million on the referendum campaign (15 times more than fee supporters), and voters chose to reject the ordinance. It took until July 2012 for the city to enact its current ban on plastic bags and place a 5ȼ fee on paper bags. Seattle residents are largely in favor of the ban, and attempts to gather signatures to repeal it have not been successful.
Washington, DC
In January 2010, Washington, D.C., began requiring a 5ȼ charge for plastic and paper carryout bags at all retailers that sell food or alcohol. Businesses keep a portion of the fee, and the remainder goes to The Anacostia River Clean Up and Protection Fund. A survey conducted in early 2013 found that four out of five District households are using fewer bags since the tax came into effect. Almost 60 percent of residents reported carrying reusable bags with them “always” or “most of the time” when they shop. Two thirds of District residents reported seeing less plastic bag litter since the tax came into effect. One half of businesses reported saving money because of the fee.
The carryout bag ordinance outlines the City’s “desire to protect the natural environment, the economy and the health of its residents,” and the “negative impact on the environment caused by improper disposal of single-use carryout bags.” The Dallas City Council approved the ordinance on March 26, 2014.
The ordinance takes effect on January 1, 2015.
Some are still unclear how the ordinance may impact them.
Pronk Palisades 
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