HARTFORD – A proposed statewide ban on plastic shopping bags died late Friday night, when Senate Majority Leader Bob Duff used a parliamentary tactic to end its chances for this legislative session.
The death of the bill – which had been the chief priority of the legislative Environment Committee and would have expanded the five-year-old ban in Westport to the other 168 towns and cities – ended up as a victory for the state’s supermarkets. Conservationists wanted to use the prohibition as a waste-management tool, causing fewer toxic emissions at the state’s trash-burning facilities, as well as the eyesores of bags hanging in trees and blowing along highways.
But along the way, the bill morphed from an outright ban into a 10-cents charge per bag at the checkout register. The bill would have phased-out single-use bags at most retail stores. By October 1, 2019, stores would have had to provide or sell only reusable bags.
Rep. James Albis, D-East Haven, co-chairman of the Environment Committee, said during an interview on the House floor Saturday that the legislation will be in good shape to be finalized during the 2016 session.
“I think we learned a lot in this process about what the priorities of our colleagues are, so we can try to better address them next year,” Albis said. He declined to speculate what might ultimately become state law. “We’ll take some times in the fall and discuss that, but there seems to be a general recognition that yes, plastic bags are bad and we have to do something to reduce their use. Even for people who seemed to oppose the bill in the form we were discussing this year they recognize, ‘yeah we need to do something.'”
Hawaii and California prohibit plastic bags at retail checkouts. Cities throughout the country have adopted bag regulations. Boulder, Colo., and Washington, D.C. charge fees for their use; and Maine, New York, Rhode Island and Delaware require that they be made of biodegradable materials. The Hawaiian Legislature did not pass a statewide law, but each of the counties in the Hawaiian Islands have sanctioned them, along with North Carolina’s Outer Banks, in Brookline, Mass., and in Barrington, R.I.
At about 10:30 p.m. Friday, Duff ordered the bill sent back to the Environment Committee in a tactic called a recommittal, effectively killing the bill as the General Assembly session closes in on its June 3 adjournment.
Stan Sorkin, president of the Connecticut Food Association, representing supermarkets and grocers, said Saturday that an older version of the bill would have charged consumers more money for bags. He said the outright ban did not go forward because of the many reuses that plastic bags have. At one point early in the session, Gov. Dannel P. Malloy said that he liked to reuse plastic bags in the context of walking his dog.
“It was still a work in progress but we were supportive of the language,” Sorkin said in a phone interview. “We wanted legislation that was fair and equitable to the environment, the consumer and the retailer.” The fine structure was also being refined. .
Here are some of the details, according to legislative researchers:
“1. From October 1, 2015 through September 30, 2017, stores may continue to give customers single-use carryout bags, but they must charge at least 10 cents per bag.
2. From October 1, 2017 through September 30, 2019, the stores must not sell or provide these bags and use only compostable, recycled paper, or 100% recyclable bags instead and charge at least 10 cents per bag.
3. Starting October 1, 2019, the stores must provide or sell only reusable bags for free or at a price they set.
Until October 1, 2019, the bill’s restrictions do not supersede or preempt local or municipal ordinances on the bags in effect at the time the bill passes. On and after that date, all stores in the state must comply with the bill. Currently, Westport is the only municipality with such an ordinance.
As part of the first two phases, stores must keep the funds they charge for bags for things such as educating employees and customers about how to use single-use bags less. The bill also requires them to maintain sites for collecting bags from customers and assuring they are properly disposed of or recycled.
The bill establishes fines for knowingly violating the carryout bag restrictions of $1,000 per day for a first violation, $2,000 per day for a second one, and $5,000 per day for third and subsequent violations. It allows cities, towns, or municipalities to impose and receive the fines.
Lastly, the bill repeals a law requiring retail stores that offer plastic bags to also offer paper bags and inform customers of the choice. Conforming to the phase-out, this change takes effect on October 1, 2017, coinciding with the start of the second phase.”