[PDM Info] The Massachusetts Bag Bill: News, FAQs, and Action

[Brad Verter]

To fee or not to fee? That is the question.

View this email in your browser (https://mailchi.mp/massgreen/call-env-bond-bill-committee-update?e=69bd1ff9e4)
Weblink for FB Shares
First, a number of people asked for a link to share our instructions for calling and emailing legislators to support the bag ban. Here's a link to post on Facebook and other social networks:

https://Org.us13.list-manage.com/track/click?u=ea6ffcc47584979bc4dcd3076&id=1f70d282de&e=69bd1ff9e4

You can also sign up for the Mass Green FB page here (https://Org.us13.list-manage.com/track/click?u=ea6ffcc47584979bc4dcd3076&id=987a8fe716&e=69bd1ff9e4) .
Now is the time! Click here to email key legislators on the bag law
(mailto:rep.smitty at mahouse.gov,David.Nangle at mahouse.gov,Donald.Berthiaume at mahouse.gov,anne.gobi at masenate.gov,William.Brownsberger at masenate.gov,Donald.Humason at masenate.gov?subject=Please%20SUPPORT%20A%20BAG%20LAW%20as%20part%20of%20the%20Environmental%20Bond%20Bill&body=Dear%20Environmental%20Bond%20Bill%20Conference%20Members%2C%20%3Cbr%3E%20%3Cbr%3E%20I%20am%20writing%20to%20ask%20that%20you%20include%20the%20statewide%20plastic%20bag%20law%20in%20the%20final%20version%20of%20the%20Environmental%20Bond%20Bill.%20%3Cbr%3E%20%3Cbr%3EOver%2080%20cities%20and%20towns%20in%20Massachusetts%20have%20passed%20laws%20banning%20single%20use%20plastic%20bags.%20It%20will%20be%20helpful%20to%20everyone%2C%20especially%20retailers%2C%20to%20have%20a%20consistent%20policy%20throughout%20the%20Commonwealth.%20%3Cbr%3E%3Cbr%3E%20A%20statewide%20bag%20law%20will%20not%20only%20protect%20our%20environment.%20It%20will%20also%20save%20taxpayers%20millions%20of%20dollars%20each%20year.%20Without%20regulations
%2C%20over%203.6%20billion%20plastic%20bags%20would%20be%20used%20annually%20in%20the%20Commonwealth%20of%20Massachusetts%20alone%2C%20including%20over%202.1%20billion%20thin-film%20grocery%20bags.%20The%20plastic%20bag%20industry%20collects%20%244%20billion%20per%20year%20in%20profits%20from%20US%20retailers%2C%20who%20pass%20the%20costs%20on%20to%20customers.%20%20If%20there%20were%20no%20bag%20laws%2C%20local%20retailers%20Massachusetts%20alone%20would%20spend%20over%20%24145.7%20million%20per%20year%20on%20plastic%20bags%2C%20including%20almost%20%2431.6%20million%20for%20thin-film%20grocery%20bags.%20And%20this%20does%20not%20include%20the%20millions%20of%20dollars%20spent%20by%20municipalities%20in%20Massachusetts%20to%20clean%20and%20dispose%20of%20over%20100%20tons%20of%20plastic%20bags%20each%20month.%20%3Cbr%3E%20%3Cbr%3E%20More%20than%20one%20out%20of%20three%20Massachusetts%20residents%20lives%20in%20a%20city%20or%20town%20that%20has%20voted%20to%20reduce%20plastic%20bags.%20%20
And%20many%20more%20communities%20are%20working%20on%20bylaws%20and%20ordinances%20right%20now.%20%20Please%20fulfill%20the%20wishes%20of%20the%20people%20of%20Massachusetts%20to%20reduce%20plastic%20waste%2C%20develop%20a%20consistent%20policy%2C%20and%20save%20money%20by%20supporting%20the%20bag%20law%20as%20part%20of%20the%20Environmental%20Bond%20Bill.%20%3Cbr%3E%20%3Cbr%3E%20Thank%20you%20for%20your%20leadership%20in%20this%20matter.%20%3Cbr%3E%20%3Cbr%3EBest%20regards%2C%20%20%3Cbr%3E%20%3Cbr%3E)
The Boston Globe on Bags
On Sunday, the Globe ran an article (https://Org.us13.list-manage.com/track/click?u=ea6ffcc47584979bc4dcd3076&id=e9029dcb9c&e=69bd1ff9e4) on the problem caused by supermarkets replacing thin film bags with thicker ones, with special focus on the Star Market in Newton. The article quotes Mass Green Network stalwarts Alison Leary and Lise Olney. A copy of the text is appended at the end of this email.
FAQs on the Bag Bill
I've received a number of questions from people on the bag bill as it currently stands.  Here are some answers, but understand that it is a moving target and can be changed in the conference committee that is currently working on a joint Environmental Bond Bill.

Where can I read the most recent iteration of the bag bill?
Right here (https://Org.us13.list-manage.com/track/click?u=ea6ffcc47584979bc4dcd3076&id=36b4143406&e=69bd1ff9e4) .  The House bill (reported out of the committee on Environment, Natural Resources, and Agriculture) and the Senate bill (attached as an amendment to the Environmental Bond Bill) are the same.

What establishments are regulated by the bag bill?
All retail establishments and retailers great and small.  An earlier version of the bill applied only to large stores (3,000+ sq ft), but that no longer holds.  There is an exemption for bazaars operated by charitable organizations that strikes me as unnecessary but not worth fighting over.

What plastic bags are allowed under the bag bill?
None. The bill eliminates ALL plastic bags regardless of thickness.  This will eliminate the problem addressed in the Globe article -- no more loopholes for thicker bags!

How about compostable plastic bags?
Those are disallowed under the bill. The only allowable bags are paper bags and reusable totes (defined as "a sewn bag with stitched handles that is (i) specifically designed and manufactured for at least 175 uses; (ii) can carry 25 pounds over a distance of 300 feet; and 18 (iii) is made of cloth or other machine-washable fabric other than polyethylene or polyvinyl 19 chloride.")

What about the local bag laws already approved by 81 cities and towns in Massachusetts?
Those get wiped out in favor of a uniform bag law.  This is not a bad thing.  As currently formulated, the statewide bag bill is much stronger than most existing municipal laws.

Although the bag bill wipes the slate clean, cities and towns can pass new bylaws and ordinances to strengthen the statewide law according to local preferences.

How about fees for paper bags?
The statewide bill does not mandate minimum fees for paper bags.  Cities can pass new ordinances to mandate these fees (Cambridge and Boston, both of which have fees, will need to pass new ordinances).  Towns, however, will not have that option because of a particular provision in the Home Rule Amendment of the state constitution.

Wait a second, isn't the absence of fees a problem?
Yes, and frankly it's a pretty big one.  With even a modest 10 cent fee, the use of disposable bags plummets and people start using reusables. This is not only good for the planet, it's also good for grocers and retailers -- paper bags are much more expensive than plastic, so overhead will go up, and the price of goods will follow. Mandating a minimum fee for paper bags makes the most sense environmentally and economically.

So should we support a bag bill that does not include a fee on paper?
Personally, I think that an imperfect law is better than none. Once any kind of bag law is in place, people start using totes (you can check out over a dozen impact reports here (https://Org.us13.list-manage.com/track/click?u=ea6ffcc47584979bc4dcd3076&id=d6413262d5&e=69bd1ff9e4) ). As it stands, the bag bill is going to have a major impact on plastic waste. And if we don't pass a statewide bill now, then we have to wait two years before we get another crack.

But some of the thought leaders I most respect, including Jennie Romer (profiled in the New Yorker (https://Org.us13.list-manage.com/track/click?u=ea6ffcc47584979bc4dcd3076&id=bf672b83d3&e=69bd1ff9e4) ) and my colleagues in the Surfrider Foundation (https://Org.us13.list-manage.com/track/click?u=ea6ffcc47584979bc4dcd3076&id=112acbd802&e=69bd1ff9e4) have expressed grave concern that the long term economic fallout in Massachusetts that may result from increased paper usage will backfire, and have a negative impact on anti-plastic efforts in other states. In fact, they oppose the bag bill that Governor Cuomo of New York has proposed because it does not include a fee:  see the letter (https://Org.us13.list-manage.com/track/click?u=ea6ffcc47584979bc4dcd3076&id=93cea2590f&e=69bd1ff9e4) signed by over 100 organizations.

The bottom line:  if the bag bill passes as it is, without a mandatory minimum fee for paper bags, we will owe it both to our friends and neighbors in the business community and to the planet to see that the law is strengthened during the next legislative session.
Now is the time! Click here to email key legislators on the bag law
(mailto:rep.smitty at mahouse.gov,David.Nangle at mahouse.gov,Donald.Berthiaume at mahouse.gov,anne.gobi at masenate.gov,William.Brownsberger at masenate.gov,Donald.Humason at masenate.gov?subject=Please%20SUPPORT%20A%20BAG%20LAW%20as%20part%20of%20the%20Environmental%20Bond%20Bill&body=Dear%20Environmental%20Bond%20Bill%20Conference%20Members%2C%20%3Cbr%3E%20%3Cbr%3E%20I%20am%20writing%20to%20ask%20that%20you%20include%20the%20statewide%20plastic%20bag%20law%20in%20the%20final%20version%20of%20the%20Environmental%20Bond%20Bill.%20%3Cbr%3E%20%3Cbr%3EOver%2080%20cities%20and%20towns%20in%20Massachusetts%20have%20passed%20laws%20banning%20single%20use%20plastic%20bags.%20It%20will%20be%20helpful%20to%20everyone%2C%20especially%20retailers%2C%20to%20have%20a%20consistent%20policy%20throughout%20the%20Commonwealth.%20%3Cbr%3E%3Cbr%3E%20A%20statewide%20bag%20law%20will%20not%20only%20protect%20our%20environment.%20It%20will%20also%20save%20taxpayers%20millions%20of%20dollars%20each%20year.%20Without%20regulations
%2C%20over%203.6%20billion%20plastic%20bags%20would%20be%20used%20annually%20in%20the%20Commonwealth%20of%20Massachusetts%20alone%2C%20including%20over%202.1%20billion%20thin-film%20grocery%20bags.%20The%20plastic%20bag%20industry%20collects%20%244%20billion%20per%20year%20in%20profits%20from%20US%20retailers%2C%20who%20pass%20the%20costs%20on%20to%20customers.%20%20If%20there%20were%20no%20bag%20laws%2C%20local%20retailers%20Massachusetts%20alone%20would%20spend%20over%20%24145.7%20million%20per%20year%20on%20plastic%20bags%2C%20including%20almost%20%2431.6%20million%20for%20thin-film%20grocery%20bags.%20And%20this%20does%20not%20include%20the%20millions%20of%20dollars%20spent%20by%20municipalities%20in%20Massachusetts%20to%20clean%20and%20dispose%20of%20over%20100%20tons%20of%20plastic%20bags%20each%20month.%20%3Cbr%3E%20%3Cbr%3E%20More%20than%20one%20out%20of%20three%20Massachusetts%20residents%20lives%20in%20a%20city%20or%20town%20that%20has%20voted%20to%20reduce%20plastic%20bags.%20%20
And%20many%20more%20communities%20are%20working%20on%20bylaws%20and%20ordinances%20right%20now.%20%20Please%20fulfill%20the%20wishes%20of%20the%20people%20of%20Massachusetts%20to%20reduce%20plastic%20waste%2C%20develop%20a%20consistent%20policy%2C%20and%20save%20money%20by%20supporting%20the%20bag%20law%20as%20part%20of%20the%20Environmental%20Bond%20Bill.%20%3Cbr%3E%20%3Cbr%3E%20Thank%20you%20for%20your%20leadership%20in%20this%20matter.%20%3Cbr%3E%20%3Cbr%3EBest%20regards%2C%20%20%3Cbr%3E%20%3Cbr%3E)
Rep. Donald Berthiaume (R-Spencer) 617-722-2090
Sen. Donald Humason (R-Westfield): 617-722-1415
Rep. Smitty Pignatelli (D-Lenox): 617-722-2210
Rep. David Nangle (D-Lowell): 617-722-2520
Sen. Anne Gobi (D-Ware): 617-722-1540
Sen. William Brownsberger (D-Belmont): 617-722-1280

Tell them:  "My name is ___________, and I am a resident of Massachusetts. I am calling to ask that you SUPPORT a bag law as part of the environmental bond bill."

The Boston Globe on Bags


Star Market in Newtonville offers reusable totes made of recycled plastic to customers at checkout.


** Would you use this plastic bag 125 times?
------------------------------------------------------------
By John Hilliard Globe Correspondent  July 20, 2018


Three years ago, Newton joined a growing number of Massachusetts communities and banned supermarkets and other large retailers from providing customers with thin-film, single-use plastic bags at checkout.

Some stores in the city now offer a new kind of plastic bag — one that’s heavier, made of recycled material, and designed to be used at least 125 times.

Will this “reusable” bag reduce the stream of discarded plastic that ends up on sidewalks, in landfills, and choking the ocean?

Some in Newton are skeptical.

“Really the key is for people to bring their own bags,” said city Councilor-at-large Alison M. Leary, who headed efforts to bring a bag bylaw to the city.

At least 81 cities and towns in Massachusetts have implemented rules that ban or impose limits on the use of disposable, single-use plastic bags, said Brad Verter, founder of Mass Green Network, a volunteer environmental advocacy group.

“Things have been going just gangbusters... the will is already out there,” Verter said. “Everyone already knows that plastic is bad.”

But as these local laws become widespread, advocates are pressing the Legislature to adopt statewide regulations with consistent instructions for retailers — and tighter limits on what qualifies as a “reusable” tote.
On July 12, the state Senate approved a ban on plastic checkout bags as an amendment to an environmental bond bill. The language defines a reusable grocery bag as a sewn bag with stitched handles that is designed for at least 175 uses, can carry 25 pounds over a distance of 300 feet, and is made of cloth or other machine washable fabric.

“It’s critical. You’re seeing more and more the impact of plastic waste on the environment,” said Senator James Eldridge of Acton, who filed the amendment with Senator Cynthia Creem of Newton. “It’s a common sense measure that Massachusetts should be leading on.”

For the amendment to become law, the House would also have to agree to include the rules in a final version of the bond bill, which would then go before both the House and Senate for a vote before the legislative session concludes at the end of the month.

Meanwhile, retailers and municipal officials are wrestling with how to interpret local restrictions.

At the Star Market in Newtonville, heavy reusable bags made of recycled plastic are available for free at checkout, alongside paper bags.

Printed on the bottom are instructions: “To clean, rinse bag and hang upside down to dry.” And in giant letters on the front is the rhyme: “Use me re-use me & try not to lose me.”

The plastic used in the bags is thick enough to fall outside Newton’s disposable plastic bag ban, Leary acknowledged, but she said the city’s goal was to curb the practice of giving customers plastic bags at checkout.

“They’re legally in the law, but not in the spirit of the law,” Leary said.

Shaw’s, which also operates Star Market locations, participates in efforts to promote recycling and other programs in its Greater Boston stores, offices, and distribution centers, according to a company statement to the Globe.

“We also have available at our stores other shopping bag alternatives that further promotes the use of reusable bags,” the statement said.

The chain has paper bags available at the Newtonville Star Market store, said Teresa Edington, a company spokeswoman.

Brian Houghton, senior vice president of the Massachusetts Food Association, which represents grocery stores and supermarkets, said the group’s members would favor consistent statewide rules.

He said members would support regulations that impose a fee to use paper or plastic bags, and encourage customers to turn to reusable bags.

If the Legislature does not take action during the current session, Leary said she will propose amendments to Newton’s bag bylaw on Aug. 1 that will toughen standards. The amendments would expand the regulations to apply to all retailers, regardless of size. The city’s existing rules are limited to retailers that operate at least 3,500 square feet.

The amendments would also impose stricter standards on the design of reusable bags, and impose a 10-cent fee on the use of paper bags, Leary said.

“It’s clear that if you don’t make it a requirement, they won’t do it voluntarily,” Leary said.

Lise Olney, a member of Wellesley’s Natural Resources Commission, said officials in her town imposed stricter standards based on Newton’s experience with its plastic bag rules. The Wellesley ban, which went into effect in 2017, limits “reusable checkout bags” to sewn bags with stitched handles that are machine washable.
“We were able to learn from their experience that big retailers were trying to skirt the regulations by using those [thicker plastic] bags,” she said.

There are only a few days left!
The Environmental Bond Bill has to be signed, sealed, and delivered by next Tuesday, July 31st.  If you haven't contacted the key legislators, please do so today. Here is a copy (https://Org.us13.list-manage.com/track/click?u=ea6ffcc47584979bc4dcd3076&id=e3f5da3693&e=69bd1ff9e4) of our last mailing, which offers phone numbers and instructions. Or you can just click on the green button below.
Click here to email key legislators on the bag law
(mailto:rep.smitty at mahouse.gov,David.Nangle at mahouse.gov,Donald.Berthiaume at mahouse.gov,anne.gobi at masenate.gov,William.Brownsberger at masenate.gov,Donald.Humason at masenate.gov?subject=Please%20SUPPORT%20A%20BAG%20LAW%20as%20part%20of%20the%20Environmental%20Bond%20Bill&body=Dear%20Environmental%20Bond%20Bill%20Conference%20Members%2C%20%3Cbr%3E%20%3Cbr%3E%20I%20am%20writing%20to%20ask%20that%20you%20include%20the%20statewide%20plastic%20bag%20law%20in%20the%20final%20version%20of%20the%20Environmental%20Bond%20Bill.%20%3Cbr%3E%20%3Cbr%3EOver%2080%20cities%20and%20towns%20in%20Massachusetts%20have%20passed%20laws%20banning%20single%20use%20plastic%20bags.%20It%20will%20be%20helpful%20to%20everyone%2C%20especially%20retailers%2C%20to%20have%20a%20consistent%20policy%20throughout%20the%20Commonwealth.%20%3Cbr%3E%3Cbr%3E%20A%20statewide%20bag%20law%20will%20not%20only%20protect%20our%20environment.%20It%20will%20also%20save%20taxpayers%20millions%20of%20dollars%20each%20year.%20Without%20regulations
%2C%20over%203.6%20billion%20plastic%20bags%20would%20be%20used%20annually%20in%20the%20Commonwealth%20of%20Massachusetts%20alone%2C%20including%20over%202.1%20billion%20thin-film%20grocery%20bags.%20The%20plastic%20bag%20industry%20collects%20%244%20billion%20per%20year%20in%20profits%20from%20US%20retailers%2C%20who%20pass%20the%20costs%20on%20to%20customers.%20%20If%20there%20were%20no%20bag%20laws%2C%20local%20retailers%20Massachusetts%20alone%20would%20spend%20over%20%24145.7%20million%20per%20year%20on%20plastic%20bags%2C%20including%20almost%20%2431.6%20million%20for%20thin-film%20grocery%20bags.%20And%20this%20does%20not%20include%20the%20millions%20of%20dollars%20spent%20by%20municipalities%20in%20Massachusetts%20to%20clean%20and%20dispose%20of%20over%20100%20tons%20of%20plastic%20bags%20each%20month.%20%3Cbr%3E%20%3Cbr%3E%20More%20than%20one%20out%20of%20three%20Massachusetts%20residents%20lives%20in%20a%20city%20or%20town%20that%20has%20voted%20to%20reduce%20plastic%20bags.%20%20
And%20many%20more%20communities%20are%20working%20on%20bylaws%20and%20ordinances%20right%20now.%20%20Please%20fulfill%20the%20wishes%20of%20the%20people%20of%20Massachusetts%20to%20reduce%20plastic%20waste%2C%20develop%20a%20consistent%20policy%2C%20and%20save%20money%20by%20supporting%20the%20bag%20law%20as%20part%20of%20the%20Environmental%20Bond%20Bill.%20%3Cbr%3E%20%3Cbr%3E%20Thank%20you%20for%20your%20leadership%20in%20this%20matter.%20%3Cbr%3E%20%3Cbr%3EBest%20regards%2C%20%20%3Cbr%3E%20%3Cbr%3E)
Thanks so much,
Brad Verter
Founder, Mass Green Network

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