Hebei Mountain Environmental Protection Technology Co., Ltd.

Oppose Reusable Plastic Bag Ban in California

10-07-2024

The Responsible Recycling Alliance is lobbying lawmakers to include reusable bags made from 40% post-consumer resin in California’s upcoming extended producer responsibility (EPR) program, SB 54. This push comes amid efforts to prevent a regulatory change that would eliminate over 100 million pounds of annual post-consumer resin demand in North America. EFS-Plastics, Merlin Plastics, and PreZero US are collaborating to maintain recycled-content reusable plastic bags under California’s bag regulations.

The Alliance is urging lawmakers to reject Senate Bill 1053 and Assembly Bill 2236, which propose expanding the state's bag ban to include reusable bags with 40% post-consumer resin. Roxanne Spiekerman, vice president of public affairs for PreZero US, argues that banning these bags would force Californians to choose between environmentally challenging alternatives. She highlighted that canvas and sewn poly-woven or non-woven polypropylene bags are not recyclable in the U.S., lack post-consumer content, and are often imported. Meanwhile, paper bags have a larger carbon footprint due to higher water and energy consumption during production and recycling and are not intended for reuse, leading to higher costs for consumers.

The group acknowledges the need for improvements in plastic bag recycling but suggests integrating reusable plastic bags into SB 54's EPR program to enhance recycling efforts, sustain the market for post-consumer resin, and ensure producers bear the financial responsibility.

EFS-Plastics estimates that California's PCR requirement for reusable plastic bags creates at least 100 million pounds of recycled resin demand annually. The American Recyclable Plastic Bag Alliance estimates this demand could be as high as 183 million pounds per year.

SB 1053 passed the state Senate in May and is now with the state Assembly. On July 1, the Assembly Committee on Natural Resources approved the bill with minor amendments. It will next be reviewed by the Appropriations Committee before a floor vote.

Increased Scrutiny on Plastics in California

The proposed ban expansion coincides with heightened scrutiny by the California Attorney General's office on plastic bag manufacturers, including recycled-content bag producers and key industry groups. Since 2022, Attorney General Rob Bonta has requested several manufacturers to verify the recyclability of their bags and issued subpoenas to the Plastics Industry Association and American Chemistry Council (ACC) regarding their recycling claims.

Bonta’s office has sought documents from the Plastics Industry Association concerning the feasibility of recycling and its advocacy efforts. Similarly, Bonta has requested documents from the ACC related to an ACC-funded study aimed at modifying federal recycling definitions.

In response, ACC filed a federal complaint against Bonta on May 24, alleging that his actions were punitive and intended to hinder their advocacy. Bonta’s office has since accused the organizations of inadequate responses and petitioned the Sacramento County Superior Court to enforce compliance.

A hearing on ACC's motion to halt the California proceedings is scheduled for September 18, while the Plastics Industry Association has yet to respond to the latest court action.

This story was originally published in Plastics Recycling Update on July 2.


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