05/13/2019 03:15 PM House LABOR & COMMERCE

               HB 81-PROHIBIT PLASTIC RETAIL BAGS                                                                           
                                                                                                                                
5:10:10 PM                                                                                                                    
                                                                                                                                
CHAIR WOOL announced that the final order of business would be                                                                  
HOUSE BILL NO. 81, "An Act prohibiting disposable plastic                                                                       
shopping bags; and providing for an effective date."                                                                            
                                                                                                                                
5:11:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDY JOSEPHSON,  Alaska State  Legislature, prime                                                               
sponsor, introduced HB  81.  He paraphrased parts  of the sponsor                                                               
statement [included in  the committee packet], which  read in its                                                               
entirety as follows [original punctuation provided]:                                                                            
                                                                                                                                
     Single-use   plastic   bags    are   harmful   to   our                                                                    
     environment,   our    wildlife,   and    our   economy.                                                                    
     Researchers have  shown that wildlife, such  as caribou                                                                    
     and  moose,  will eat  plastic  bags,  which cannot  be                                                                    
     digested  and   will  ultimately  kill  the   animal                                                                       
     typically   through   starvation.   There   have   been                                                                    
     countless cases  of birds dying from  ingesting plastic                                                                    
     fragments  found   on  beaches,   including  single-use                                                                    
     plastic  bags. Plastics  in the  ocean get  broken down                                                                    
     into microplastics,  which are  finding their  way into                                                                    
     our seafood, which  then finds its way  onto our plates                                                                    
        along with  whatever chemicals  are leaching  out of                                                                    
     the  plastic.   For  a   subsistence  state,   this  is                                                                    
     unacceptable.                                                                                                              
                                                                                                                                
     Our  resources  should  not be  succumbing  to  plastic                                                                    
     pollution and  our residents should  not have  to worry                                                                    
     about  their   health  after  enjoying   a  subsistence                                                                    
     harvest.                                                                                                                   
                                                                                                                                
     Health and  well-being aside, plastic bag  pollution is                                                                    
     detrimental to  the aesthetic  of our  beautiful state.                                                                    
     It is  up to us as  a state to stop  needless pollution                                                                    
     and change  wasteful behavior. Alaskan  communities are                                                                    
     already stepping  up and taking control;  it's time the                                                                    
     state follows suit. HB 81 is an effort to reduce waste                                                                     
     and pollution and protect our renewable resources.                                                                         
                                                                                                                                
     HB 81  is also  a first  step Alaska can  take to  be a                                                                    
     responsible  global  environmental stakeholder  and  to                                                                    
     protect  already overstressed  marine ecosystem  of the                                                                    
     North Pacific.                                                                                                             
                                                                                                                                
      I encourage you to support this legislation and urge                                                                      
     you to reach out to my office with any questions.                                                                          
                                                                                                                                
5:13:45 PM                                                                                                                    
                                                                                                                                
ELISE  SORUM-BIRK, Staff,  Representative Andy  Josephson, Alaska                                                               
State Legislature,  on behalf of Representative  Josephson, prime                                                               
sponsor,  provided a  presentation entitled,  "HB 81  Plastic Bag                                                               
Ban."    Ms.  Sorum-Birk  reminded  the  committee  that  plastic                                                               
pollution is  detrimental to the  environment and wildlife.   She                                                               
informed the committee there is at  least one recorded death of a                                                               
northern fur seal in Alaska due  to entanglement in the loop of a                                                               
plastic  bag  handle  (slide  2).   She  said  plastic  bags  are                                                               
overuse-free and readily accessible;  light and easily carrier by                                                               
the wind  and water; and  the prevalent  type of litter,  both on                                                               
land and in the water.   Furthermore, they are easy to substitute                                                               
with a sturdy, reusable bag (slide 3).                                                                                          
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  noted that  the  picture  on slide  3,                                                               
taken at Lake  Aleknagik, illustrates that plastic can  end up in                                                               
the most remote places.                                                                                                         
                                                                                                                                
MS.  SORUM-BIRK   turned  attention   to  plastic  bags   in  the                                                               
environment.   She stated that polyethylene  does not biodegrade.                                                               
Instead,  it photodegrades  breaking  into  ever smaller  pieces.                                                               
Many organisms  are at  risk for  entanglement and  ingestion and                                                               
fat-soluble  toxins are  linked  to  ingested plastic  particles.                                                               
These POPs,  she said,  accumulate in  animal tissues  and toxins                                                               
increase  in concentration  up the  food  chain (slide  4).   She                                                               
addressed  international policy  trends  regarding plastic  bags.                                                               
More than  40 countries  have a plastic  bag ban;  Bangladesh was                                                               
the  first  in 2002  and  Kenya  has  the  strictest ban  with  a                                                               
punishment of up to 4 years in prison and hefty fines (slide 6).                                                                
                                                                                                                                
5:18:39 PM                                                                                                                    
                                                                                                                                
CHAIR  WOOL  asked  why  Europe hasn't  been  as  progressive  in                                                               
banning plastic bags.                                                                                                           
                                                                                                                                
MS.  SORUM-BIRK replied  many European  countries have  enacted a                                                               
plastic bag  ban or  fee.  Additionally,  the European  Union has                                                               
passed a resolution to ban all single-use plastics.                                                                             
                                                                                                                                
5:19:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS  recalled reading  that a  large percentage                                                               
of plastic  bag pollution came  from several global  watersheds -                                                               
of one which is  in China.  He asked if that  is accurate and how                                                               
recently China banned plastic bags.                                                                                             
                                                                                                                                
MS. SORUM-BIRK stated that China  and India have both enacted bag                                                               
bans,  as  well  as  many  pacific countries.    She  noted  that                                                               
enforcement has been an issue in both countries.                                                                                
                                                                                                                                
REPRESENTATIVE  FIELDS asked  for the  percentage of  plastic bag                                                               
waste in  the Gulf of  Alaska that  is from local  sources versus                                                               
from China.                                                                                                                     
                                                                                                                                
MS. SORUM-BIRK said  it can be hard to track  the waste stream in                                                               
the Pacific.   She then turned attention to policy  trends in the                                                               
"lower 49" (slide 7).  In  Alaska, 17 communities no longer allow                                                               
plastic bags.   Denali Borough  and Homer are also  considering a                                                               
plastic  bag ban.   She  further described  ways in  which people                                                               
around the  state are attacking  this problem (slides 8-9).   One                                                               
motivation  behind  the  Matsu  ban  was  ruminant  ingestion  of                                                               
plastics.  Plastic bags were  being found in the digestive tracks                                                               
of caribou and moose and were  even the cause of death in several                                                               
cases (slide 10).                                                                                                               
                                                                                                                                
MS.  SORUM-BIRK  summarized  the  sectional analysis  for  HB  81                                                               
[included in the committee packet] and read the following:                                                                      
                                                                                                                                
     Section 1: Adds a new section AS 46.06                                                                                     
                                                                                                                                
         AS 46.06.145(a) establishes a ban on retailers                                                                         
         providing "disposable plastic shopping bag" to                                                                         
     customers.                                                                                                                 
                                                                                                                                
     AS 46.06.145(b) clarifies exceptions to the bag ban.                                                                       
                                                                                                                                
      AS 46.06.145(c) establishes fines for retailers who                                                                       
     violate this section.                                                                                                      
                                                                                                                                
      AS 46.06.145(d) provides definitions for "disposable                                                                      
      plastic shopping bag", "retail seller" and "reusable                                                                      
     bag."                                                                                                                      
                                                                                                                                
                                                                                                                                
5:27:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS  asked how much  we know on the  effects of                                                               
digesting the  photodegraded plastic particles in  salmon and the                                                               
prospective impacts on Alaska salmon fisheries.                                                                                 
                                                                                                                                
MS.  SORUM-BIRK  replied  that   the  corresponding  research  is                                                               
ongoing.   She stated that there  is a high rate  of ingestion in                                                               
fish populations and  bird populations.  More than  50 percent of                                                               
seabirds are found with plastic in their digestive track.                                                                       
                                                                                                                                
REPRESENTATIVE  FIELDS  questioned  whether  significant  plastic                                                               
pollution  makes  it  difficult  for the  endangered  Cook  Inlet                                                               
beluga population to recover.                                                                                                   
                                                                                                                                
5:29:40 PM                                                                                                                    
                                                                                                                                
MS. SORUM-BIRK said other harmful  chemicals adhere to the pieces                                                               
of photodegraded plastic  in the ocean, which is  what causes the                                                               
toxicity in the food stream.                                                                                                    
                                                                                                                                
MS. SORUM-BIRK  returned attention to the  sectional analysis and                                                               
related  that section  2 adds  an  effective date  of January  1,                                                               
2021.   This way retailers would  have enough time to  use up the                                                               
plastic bags they have already purchased.                                                                                       
                                                                                                                                
REPRESENTATIVE JOSEPHSON  offered his belief that  Alaskan cities                                                               
can  no longer  tolerate the  visual impact  of plastic  bags and                                                               
their impact  on wildlife and  fish.   He added that  thinking of                                                               
the  ban  creates  some   inconvenience;  however,  people  would                                                               
adjust.                                                                                                                         
                                                                                                                                
CHAIR WOOL  asked if  communities like  Anchorage had  thought of                                                               
Hawaii's approach, in which  every "significant" municipality has                                                               
a ban.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  JOSEPHSON suggested  doing  something similar  to                                                               
the  smoke-free  workplace  ban   so  communities  could  a  have                                                               
conversation and the option to opt-out.                                                                                         
                                                                                                                                
5:33:06 PM                                                                                                                    
                                                                                                                                
CHAIR WOOL  suggested that a  ban on plastic bags  would increase                                                               
the use  of paper  bags leading to  a "carbon  dioxide situation"                                                               
due to cutting trees for the paper.                                                                                             
                                                                                                                                
MS.  SORUM-BIRK  acknowledged  that   there  have  been  European                                                               
studies  that found  the production  of  a paper  bag takes  more                                                               
energy  and  a  higher  carbon   footprint.    Plastic  bags  are                                                               
prevalent  because of  those reasons  - they  are cheap,  easy to                                                               
produce,  and  ubiquitous.    However,   the  studies  failed  to                                                               
consider how wildlife in the  marine environment is affected and,                                                               
ultimately, it  is the  impact on the  environment caused  by the                                                               
plastic bag pollution  that is the reason behind this  bill.  She                                                               
pointed out  that the committee  could consider an acting  fee on                                                               
paper bags.                                                                                                                     
                                                                                                                                
CHAIR  WOOL surmised  that  the impetus  for a  fee  would be  to                                                               
motivate  people  to  buy  a  permanent  cotton  bag  instead  of                                                               
continually being charged for paper [bags].                                                                                     
                                                                                                                                
MS. SORUM-BIRK answered yes.                                                                                                    
                                                                                                                                
5:36:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS expressed  appreciation  for hearing  this                                                               
bill.  He said given the  amount of money in Alaska's fishing and                                                               
guiding  industry,  he  didn't  realize this  was  an  issue  for                                                               
"terrestrial   creatures."      He   opined   that   taking   the                                                               
precautionary  principal  is  a  wise approach  and  offered  his                                                               
support  for the  passage of  HB  81.   He added  that there  are                                                               
currently  multiple  stresses  on Alaska's  fisheries,  including                                                               
temperature and rising  levels of acidity, which  makes it harder                                                               
for  species to  reproduce.   He said  he would  hate to  see the                                                               
cessation of the  Bristol Bay fishery given how much  money is at                                                               
stake.                                                                                                                          
                                                                                                                                
5:37:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REVAK expressed  concern about poly-reusable bags,                                                               
which  contain more  plastic, becoming  litter and  suggested the                                                               
use of biodegradable plastic.                                                                                                   
                                                                                                                                
MS. SORUM-BIRK said the problem  with compostable plastic is that                                                               
it  takes  a certain  heat  level  to biodegrade;  therefore,  an                                                               
industrial composting facility is necessary.                                                                                    
                                                                                                                                
REPRESENTATIVE REVAK  contended that  plastic bags  are suggested                                                               
to be  a more  environmentally friendly  solution to  paper bags.                                                               
He  indicated  that the  impact  could  be  litter that  is  more                                                               
durable from the reusable bags.                                                                                                 
                                                                                                                                
MS.  SORUM-BIRK explained  that they  defined "reusable  bags" as                                                               
sturdy  enough to  be  reused at  a  minimum of  75  times.   She                                                               
directed attention to page 2,  lines 23-30, emphasizing that they                                                               
must be made with plastic that is  at least four mils thick.  She                                                               
noted that such a bag would not degrade quickly.                                                                                
                                                                                                                                
REPRESENTATIVE REVAK  reaffirmed that  it would take  even longer                                                               
for the reusable  bags to biodegrade and  could potentially cause                                                               
even more of a hazard and have counter effective results.                                                                       
                                                                                                                                
REPRESENTATIVE  JOSEPHSON argued  that the  current plastic  bags                                                               
travel whereas  the thicker  mil bags won't.   He  explained that                                                               
the thicker mil  will accumulate like normal garbage,  which is a                                                               
secondary concern.   He offered his belief that  plastic bags are                                                               
the poster  child because they  get stuck in trees,  for example,                                                               
for years.   He said its depressing and invokes  the feeling that                                                               
the state is disrespected.                                                                                                      
                                                                                                                                
5:43:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO   noted  that   he  has  heard   a  very                                                               
aggressive stance that  this is a local issue from  people in his                                                               
district.                                                                                                                       
                                                                                                                                
5:44:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN pointed out that  much of Alaska remains an                                                               
unorganized borough  which the legislature is  the governing body                                                               
for; therefore, if the legislature does not act there is no ban.                                                                
                                                                                                                                
REPRESENTATIVE  TALERICO  replied  that tribal  governments  have                                                               
been   recognized   as  being   sovereign.      He  offered   his                                                               
understanding that they  would have the ability to  apply the ban                                                               
in many locations.                                                                                                              
                                                                                                                                
CHAIR WOOL  asked if  switching to  thicker [plastic]  bags would                                                               
sufficiently solve the problem.                                                                                                 
                                                                                                                                
MS. SORUM-BIRK said 4 mils thick is substantial.                                                                                
                                                                                                                                
CHAIR WOOL asked  if the bill has requirements on  the types that                                                               
businesses can use.                                                                                                             
                                                                                                                                
5:48:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  said  it  would restrict  the  use  of                                                               
plastic bags for them as well.                                                                                                  
                                                                                                                                
MS.  SORUM-BIRK  said  in  the bill,  a  retail  seller  includes                                                               
market, grocery store, convenience  store, drug store, or similar                                                               
establishment; it  must be  located in  a permanent  building; it                                                               
must be selling consumer household supplies.                                                                                    
                                                                                                                                
5:49:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN asked if the  bill sponsor envisioned HB 24                                                               
incorporating restaurants.                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOSEPHSON said  yes, contingent  on how  "similar                                                               
establishment" is defined.                                                                                                      
                                                                                                                                
CHAIR   WOOL  questioned   how  Anchorage   deals  with   smaller                                                               
businesses regarding their bag ban.                                                                                             
                                                                                                                                
5:51:51 PM                                                                                                                    
                                                                                                                                
CHAIR WOOL announced HB 81 was held over.