Floor Vote On Brownley Bag Ban Expected Monday

Printer-friendly versionSend by email

By Dan Aiello 
California Progress Report

In what may turn out to be this year's most memorable legislative fight in Sacramento, Assembly Bill 1998, the single-use plastic bag ban introduced by Democrat Julia Brownley of Santa Monica, is scheduled for a Senate floor vote Monday, just one day before the legislature wraps up.

If a legislator managed to miss the television ads placed on every Sacramento station by the bill's opponents, a coalition led by the American Chemistry Council representing plastic bag manufacturers, there was no missing the giant blow-up turtle exhibited on the West Steps of the Capitol Friday, part of the bill sponsor, Heal the Bay's, last minute efforts to garner the two-thirds Senate vote required to pass the legislation.

Heal the Bay, an environmental group focused on improving water quality in Santa Monica Bay, is seeking a reduction in the plastics and other trash entering that marine environment. Plastic bags, they claim, are mistaken for jelly fish and other prey and, as a result, endanger marine wildlife that fatally consume the bags, mistaking them for food.

Brownley is spending the weekend lobbying for AB 1998's passage, including a news conference scheduled Sunday with representatives of the California Grocers Association, Environment California, Heal the Bay and Homeboy Industries at the Vons grocery store in Los Angeles at 3461 W. Third St.

AB 1998 would establish a statewide ban on single-use carryout bags at supermarkets, pharmacies and smaller food and liquor stores in California and encourage shoppers to switch to reusable bags. The measure must pass the Legislature by Tuesday next week against intense opposition by the Virginia-based American Chemistry Council.

Although ACC indicated on their web site on Wednesday that AB 1998 was effectively dead, supporters remained confident in Brownley's legislative scorecard. With Brownley as David, AB 1998 supporters last week said, Goliath ACC should beware.

In fact, Brownley's been a formidable force since arriving in Sacramento. Among her accomplishments, the 'Santa Monica soccer mom,' a former school board president and PTA board member, was instrumental in preserving the Cal Grants program and education dollars during last year's budget fight. Brownley's victory allowed thousands of otherwise qualified low-income students to seek a college degree.

The Assemblywoman re-assured AB 1998 supporters last week the bag ban legislation was not dead when it was referred to the Senate Rules Committee instead of to the floor of the Senate for a vote. In SRC, Brownley explained, the legislation could still be amended to address the biggest issues concerning its opposition.

Those amendments occurred Friday.

As amended in the Senate Rules Committee Friday, AB 1998 will allow stores to sell recycled paper bags of 40 percent post-consumer material at a price that only reflects the store’s cost of the bags.

Under the bill, single-use plastic carryout bags would be banned beginning in 2012 from supermarkets and large pharmacies, and beginning in 2013 from smaller grocery stores, convenience and liquor stores. A grocery store recycling program for plastic film and bags will be retained.

AB 1998 will promote new green jobs for reusable bag makers, and establishes a grant and loan program from existing state funds to retain jobs in California businesses where reusable, durable plastic and non-plastic bags are made.  At least two manufacturing facilities in Southern California, including one in Speaker Perez' district, will be able to retool with funding made available through the legislation.  A recyclable bag manufacturer in Chico also is expected to benefit from the bill's passage.

Stores will be required, under the bill, to provide free bags to shoppers who cannot afford them, using proof of enrollment in welfare or food stamps programs to determine who is eligible for the free bags.

But with the deep pockets of industry manufacturers the American Chemistry Council continued to work hard to kill the legislation, which chemical manufacturers fear will spread to other states should it pass in California. The Sacramento Bee is reporting ACC's efforts to kill the bill include campaign contributions to a number of legislators on both sides of the aisle (though the bill passed the Assembly in June without any Republican support), ahead of Monday's vote.  Twenty one votes are required to pass the legislation.  

AB 1998's importance can be judged by the sheer volume of plastic bags consumed, says HTB, because every year Californians use a surprising amount of the throw away plastic bags.

On average, say environmentalists, every state resident will use some 5,000 plastic bags a year, and collectively Californians will consume some 19 billion plastic bags, used once then thrown away, creating a volume of trash that cost California municipalities approximately $25 million a year to collect and transport to landfills.

According to HTB's fact sheet, currently only about 5 percent of all plastic bags produced are ever recycled. 

AB 1998, say HTB, does more than save sea turtles.  It is an affordable way to reduce the costs associated with introducing so much plastic trash into California, while it will help protect the golden state;'s environment and wildlife on both land and water.

If the Senate passes Brownley's measure Monday, it is expected the legislation will be signed into law.  Republican Governor Arnold Schwarzenegger issued a statement following the Assembly's passage of AB 1998:  "I commend the Assembly for passing AB 1998, which would make California the first state in the nation to ban plastic bags," said Schwarzenegger.  "This bill will be a great victory for our environment and I applaud Assemblywoman Brownley for working on this effort."