Legislature(2017 - 2018)BARNES 124
03/10/2018 03:00 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): | |
| HB89 | |
| HB264 | |
| HB350 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 89 | TELECONFERENCED | |
| += | HB 264 | TELECONFERENCED | |
| += | HB 350 | TELECONFERENCED | |
HB 264-SHOPPING BAG FEES & RECYCLING
3:48:32 PM
CHAIR KITO announced that the next order of business would be
HOUSE BILL NO. 264, "An Act relating to a fee for disposable
shopping bags; relating to the sale of reusable shopping bags;
relating to the recycling of disposable shopping bags; and
providing for an effective date."
3:49:45 PM
The committee took an at-ease from 3:49 p.m. to 3:50 p.m.
3:50:34 PM
LISA DELANEY, Staff, Representative Andy Josephson, Alaska State
Legislature, presented HB 264 on behalf of Representative
Josephson, prime sponsor. She gave a PowerPoint presentation
[included in committee packet].
MS. DELANEY began with slide 1, 'Motivations':
Plastic doesn't belong in nature.
Plastic pollution is detrimental to our
environment & wildlife
Unsightlyfor residents & visitors
People come here for a wilderness experience
Do we want tourists leaving with the impression
that we don't care about our wild spaces?
We're trying to encourage people to be mindful of
their behavior (consumption) and its effects on their
community, environment, health, and economy.
3:51:43 PM
MS. DELANEY moved to slide 2, "Why plastic bags?":
A major plastic offender
People overuse plastic bags they're free and
readily accessible
So flimsy and delicate that one bag is often not
enough anything with corners, must double-bag
it!
Light and easily carried by the wind?and Alaska
has some serious winds
So easy to substitute
Cloth bags make a much better replacement
sturdy, washable, even stylish
Even thick plastic bags don't end up in the
environment on a comparable scale to thin single-
use bags
3:52:37 PM
MS. DELANEY spoke to slide 3, "Quick Perspective Break":
Plastic does not degrade; it breaks into smaller
and smaller pieces
Bits of plastic are like magnets to pollutants
(?PCBs, for example)
These tiny plastic bits, covered in toxins, enter
the ecosystem & work their way into the food
chain
Fat-soluble toxins (again, think PCBs) accumulate
in animal tissues, and toxins accumulate
exponentially as you move up the food chain
We Alaskans love our delicious rich-in-fat
salmon?
Plastic pollution has far-reaching effects that
impact human health as well as the environment &
economy
3:53:35 PM
MS. DELANEY addressed slide 4, "Why not start with a ban?":
This was a tough call; bans are more common (and
they get right to the point).
Our rationale:
We wanted people to have the choice?give folks a
chance to get used to the idea changing
behaviors takes time
The state is in need of revenue
A fee is still effective in reducing plastic bag
use
Stores already subsidize disposable bag costs by
charging more for goods purchased
Estimated hidden bag costs = $25-50 per person
per year -- bags aren't as free as they seem
3:54:32 PM
MS. DELANEY moved to slide 5, "The Committee Substitute":
Bans single-use plastic bags under 4 mils thick
About the thickness of plastic sheeting
Establishes minimum $0.10 fee for all other bags
(paper/reusable)
Stores keep this feeits only purpose is to
prevent giveaway of thick plastic bags (i.e.,
working around the rule)
Removes recycling requirement (moot if there's a
ban)
Exempts stores under $250,000 gross sales
3:55:13 PM
MS. DELANEY spoke to slide 6, "Peer Pressure":
GLOBAL
More than 40 countries have a plastic bag ban
Bangladesh was the first (in 2002)
Kenya has strictest ban (violators get up to 4
years in prison and fines from $19,000-$38,000)
UNITED STATES
13 US cities in 7 states have fee
110 US cities in 18 states have ban
The most common legislation across the US
involves a ban on plastic bags with a fee for
paper & reusable bags
3:56:00 PM
REPRESENTATIVE STUTES said she is not clear on the fee for paper
or reusable bags.
MS. DELANEY answered that there is no fee for a bag brought into
the store.
REPRESENTATIVE STUTES asked whether there is a .10 fee for a
paper bag.
MS. DELANEY answered in the affirmative.
3:56:40 PM
MS. DELANEY addressed slide 7, "Peer Pressure - Lower 49",
showing the list of states with bans on plastic bags and states
with fees for plastic bags. She indicated California is the
only state with a statewide ban.
3:57:10 PM
REPRESENTATIVE WOOL stated that Alaska should appear in the list
of states with bans.
3:57:39 PM
MS. DELANEY moved on to slide 8 showing the 17 communities in
Alaska with bans on plastic bags. She pointed out that Palmer,
Denali Borough, and Unalaska are considering a ban.
MS. DELANEY moved to slide 9, "The resource(ful) state":
Chefornak - Community purchased canvas bags for
the local store to use
Chevak - Took used plastic bags & crocheted them
into reusable plastic bags
Cordova - Eyak Preservation Council ran Go Fund
Me effort to raise funds to give a cloth bag
bearing their logo to every resident
Denali Borough - Partnered with Subaru to
distribute reusable bags
Koyuk - Received Alaska Conservation grant to
provide two canvas bags to each household
Wasilla - Working with local youth groups (e.g.
scouts) to sell cloth bags instead of candy
3:59:34 PM
MS. DELANEY described the original bill in slide 10, "Section
1":
Adds "Article 5: Disposable Shopping Bag Fees" to
43.98 (Revenue & Taxation, Misc Provisions)
Establishes a $0.20 fee for single-use, carry-out
plastic bags
Lists exceptions (e.g., bags for bulk food, ice,
newspaper)
Works around any municipal regulations to prevent
compounding fees
State fees are not in addition to muni fees
- Provides instructions for retail seller
- Display fees on receipt
- May not reimburse fee (or otherwise work around
the rule)
- Maintain & file records with Revenue
Explains penalties for violation ($250, $500,
$750 within a year)
DOR deals with violations
Defines terms ("disposable shopping bag", "retail
seller", reusable bag")
4:00:25 PM
REPRESENTATIVE WOOL asked how the amount of $250,000 was
determined.
MS. DELANEY answered it came through the House Community and
Regional Affairs Standing Committee (HCRA).
REPRESENTATIVE WOOL asked for more information.
MS. DELANEY said it came from another committee member.
4:01:12 PM
REPRESENTATIVE JOSEPHSON asked whether similar figures were
found in similar areas.
MS. DELANEY answered the figure was taken from other bills in
the Lower 48.
MS. DELANEY addressed slide 13, "Section 2":
Amends 46.06 (Water, Air, Energy & Environmental
Conservation, Recycling & Reduction of Litter)
Establishes a recycling requirement
- Retailers must accept plastic bags for the
purpose of recycling
Stipulates that plastic bags must show recycling
symbol
Requires that reusable bags must be made
available (obviously visible!) for purchase near
checkout
Outlines fees for violation of the above ($250,
$500, $750 within a year)
- DEC deals with violations
Defines terms ("disposable shopping bag", "retail
seller", "reusable bag") per Section 1
MS. DELANEY moved to slide 14 and stated Section 3 provides an
effective date of January 1, 2019.
4:03:00 PM
MS. DELANEY described "the Committee Substitute' in slide 15:
Section 1: Adds new section to AS 46.06, "Recycling &
Reduction of Litter"
Establishes a ban on single-use plastic bags
Lists exceptions (e.g., bags for bulk food, ice,
newspaper)
Implements a minimum charge for all other bags
(paper & reusable)
Provides instructions for retail seller
- Display price on receipt
- May not reimburse fee (or otherwise work around
the rule)
Explains penalties for violation ($250, $500,
$750 within a year)
- DOR deals with violations
Defines terms ("disposable shopping bag", "retail
seller", reusable bag")
Section 2: Provides an effective date of July 1, 2019
4:04:08 PM
REPRESENTATIVE WOOL said he often uses the self-checkout. He
asked whether there would be paper bags at the self-checkout and
how it would work.
MS. DELANEY answered she assumes one would scan it like any
other item.
REPRESENTATIVE WOOL asked whether anyone had looked into how the
system works in other states such as California.
MS. DELANEY answered she had heard it was done in such a way in
Hawaii.
4:05:47 PM
REPRESENTATIVE BIRCH said he thinks it's a terrible idea. He
asked whether it addresses paper bags or dog waste bags.
MS. DELANEY answered the CS wou address single use plastic bags.
REPRESENTATIVE BIRCH asked about the thinking behind the
community size provision.
MS. DELANEY answered the original bill had a provision in which
municipalities could take part in the state tax; however,
certain boroughs can't do that. She added the CS would
establish a statewide ban.
4:07:35 PM
REPRESENTATIVE WOOL asked about dog waste stations and bags.
MS. DELANEY answered the proposed bill doesn't apply to those
bags.
4:08:03 PM
CHAIR KITO suggested the proposed bill would only apply to
retail operations.
4:08:18 PM
NICHOLAS WALSH testified in support of HB 264. He said he has
been fishing and hunting in Alaska for years and has seen the
impact of plastics in the middle of nowhere. He said he thinks
Hawaii has a state-wide ban on plastic bags.
4:10:24 PM
CHAIR KITO opened public testimony on HB 264.
4:10:29 PM
PATTI FISHER, Member, Mat-Su Zero Waste Coalition, testified in
support of HB 264. She shared information about the
organization. She compared the coalition with the American
Progressive Bag Alliance and stated she is upset that an outside
group could tell Alaskans what to do. She said the single use
plastic bags contain particles that are entering the food chain.
She said she forgets her reusable bags all the time and she just
puts her groceries in her cart and into her car. She said
banning single use plastic bags is the right thing to do.
4:14:02 PM
VERONICA PADULA, STEM Program Manager, Aleut Community of St.
Paul Island, Alaska, Ecosystem Conservation Office, testified in
support of HB 264. She indicated she is a graduate student
studying the effects of plastic debris on seabirds in the Bering
Sea. She said she and her fellow scientists have seen all types
of debris wash up on the shorelines. She added that debris can
hurt them internally and can starve the animals. She said the
chemicals leech into the tissues of the birds. She stated that
the populations of birds have been declining. She said the
local community had collected over 10 tons of debris from the
shoreline and the community decided to ban bags from its store.
4:19:34 PM
REPRESENTATIVE BIRCH said he appreciates the community made a
local decision as other communities have. He shared a letter
from the Alaska Municipal League asking for local governments to
make the choice themselves as a local control issue. He asked
Ms. Padula whether she supports allowing local government to
make the choice.
MS. PADULA answered she supports anything that reduces the use
of single use plastics.
4:21:09 PM
CAROL MONTGOMERY, Mat-Su Zero Waste Coalition, testified in the
hearing on HB 264. She said, "People really hate plastic bags."
She remarked the written comments were strongly in favor and the
city council vote was 5-1. She said some have argued that local
communities should decide and not the state. She pointed out the
state legislation would close a loophole that allows stores to
hand out slightly heavier plastic bags for free. She opined a
fee helps businesses. She said she had spoken with two
corporate representatives who said they feel a fee is the only
way to support the use of the reusable bags and would help level
the playing field. She queried why people who bring their own
bags should be subsidizing people who don't. She said she took
issue with the plastic bag industry claim that less than 2
percent of litter is from plastic bags. She said the plastic
bags fly around, which is why they are seen everywhere. She
spoke to the inability of plastic to biodegrade.
4:25:58 PM
REPRESENTATIVE JOSEPHSON asked whether Ms. Montgomery is one of
the leaders of the Mat-Su Zero Waste Coalition.
MS. MONTGOMERY answered in the affirmative.
REPRESENTATIVE JOSEPHSON asked whether Ms. Montgomery has
firsthand knowledge of domesticated reindeer or other ungulates
consuming plastic.
MS. MONTGOMERY answered it was the issue that got the group
started. She said a 3rd grader had been to the Matanuska
Experiment Farm where a scientist pulled nine plastic bags out
of a research caribou. She added the group was informed that
scientists pull plastic out of these animals regularly. She
stated the mission was to raise awareness of the damage done to
the community by plastic bags.
REPRESENTATIVE JOSEPHSON shared his understanding that Palmer,
Alaska, is looking for a ban and the Mat-Su Borough looked at a
ban. He asked about areas outside the Mat-Su Borough that share
the same concerns.
MS. MONTGOMERY said Palmer Community Council had held a meeting
to discuss plastic bag legislation and there was a large turnout
in the community with 100 percent support for "doing something."
She explained the only power the borough has is to impose an
excise tax. She said people don't like the idea of a tax.
4:29:12 PM
REPRESENTATIVE BIRCH mentioned the discussion regarding the
choice between cloth and disposable diapers. He said he has
found a number of uses for plastic bags. He asked whether
people would be able to buy plastic bags.
MS. MONTGOMERY shared her understand that the legislation would
apply to carry out grocery bags.
4:31:33 PM
BRENDA DOLMA testified in support of HB 264. She emphasized she
is in support of a total ban on single use plastics. She said
in her community there are programs whose goal to provide the
community with bags other than plastic bags. She mentioned the
Boomerang Bags worldwide initiative. She said she spent
decades picking up marine debris in her community. She remarked
on the effects of plastic on animals. She reiterated she would
support a change in the bill from single use bags to single use
plastics. She said she would also support the removal of any
exemption.
4:38:00 PM
MARY WILSON testified in support of HB 264. She stated she has
been using reusable bags for years. She said she thinks most of
the time people that complain about using reusable bags see the
value after they try it out a few times.
4:40:28 PM
CHAIR KITO announced he would leave public testimony open on HB
264.
CHAIR KITO held over HB 264.