Legislative III Project - Environmental Law Class (Prof. Antolini) - UH Law School
Nov.9, 2007
Ryan Keesey
1980A Mott Smith Drive Honolulu, Hawai’i 96822
Comm. Energy and Environmental Protection: Rep. Hermina Morita, Chair & Rep. Mele
Carroll, Vice Chair
Testimony for Friday, Nov. 9, 2007
State Capitol Conference Rm. 325
Plastic Bag Ban Proposal
Rep. Morita and members of the Legislature:
I am writing on my own behalf in support of the proposed plastic bag ban legislation.
This plastic bag ban would prohibit use of non-biodegradable plastic bags by larger
retailers by 2010. I support this proposal because of the negative environmental and
aesthetic impact of plastic bags and the existence of practicable alternatives to replace the
bags. Further, the proposed legislation is an opportunity for Hawai’i to promote
environmental stewardship in the interest of its residents and visitors -- human and
nonhuman alike -- while helping to lead the growing international charge to eliminate
non-biodegradable plastic bags.
Plastic bags, once a marvel of utilitarian convenience, have become a plague. Today
plastic bags are used for 80% of the groceries bagged in the U.S., up from 5% in 1982.
n1 The Maui County recycling office estimates Maui residents use 50 million plastic
shopping bags per year. n2 Based on 2001 data from United States Environmental
Protection Agency on U.S. plastic bag consumption, approximately 500 billion to a
trillion plastic bags are currently consumed worldwide each year. n3
Millions of these items end up outside landfills as litter. n3 Regarding a bag ban, Maui
County councilman Michael Molina has stated, "[t]he time has come for the dependence
on non-biodegradable plastic bags to be replaced with more environmentally appropriate
bags[.] Residents and visitors need only to travel the roadways of Maui to see that
plastic bags are littering our beautiful and scenic vistas." n4 The County of Maui pays an
independent contractor $180,000 per year just to pick up stray plastic bags that litter the
areas surrounding the landfills. n2 Even so, many bags make their way to the open spaces
and waters of our state, blighting the landscape and threatening marine species.
According to scientists with the British Antarctic Survey, the increase in the amount of
sacks that have made their way to the ocean has had negative effects on wildlife, which
are choked and strangled by the debris. n3 Tiny pieces of plastic are often mistaken for
plankton by fish. n5 The water-bourne sacks are also increasingly contributing to the
rafting of alien species on a global scale. As the range of alien species grows, their
introduction into new habitats is a grave threat to global biodiversity. n6 Bags thus pose
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a particular menace to our island state, which is renowned for its natural beauty, rich local
biodiversity, and importance as a crucial stopover for many migratory bird and marine
species.
Alternatives to non-biodegradable plastic bags exist and are readily available. It takes
little imagination to find a variety of reusable bags in one's own home, and reusable
shopping bags are increasingly available for purchase. A recent shipment of 10,000
reusable bags sold out at two larger local grocery store chains on Maui in only 4 days. n2
From a sustainability standpoint, a sturdy, reusable bag needs only be used 11 times to
have a lower environmental impact than using 11 disposable plastic bags. n1 Other
alternatives, as referenced in the proposed legislation, include improved or modified
plastic bags. Starch-based bags are made from starch obtained from corn or potatoes that
is converted into lactic acid. The lactic acid is then polymerized into the biodegradable
plastic known as polylactide. These starch bags will biodegrade after six months or a
year. While paper has been largely supplanted by plastic, compostable paper bags are
gaining popularity as an alternative to conventional plastic bags. n7 There is a growing
industry interest to accompany the move away from non-biodegradable plastic bags.
Organizations such as Biodegradable Products Institute in New York work to develop
biodegradable bag and packaging standards and to catalog compliant manufacturers of
these products to encourage the plastic bag industry to switch to more environmentally
sound paradigms. n8
Legislation banning or limiting non-biodegradable plastic bags has been explored locally,
nationally, and internationally. Since this summer, Maui County Council has been
considering a ban of plastic bags for retailers with annual gross sales exceeding $250,000.
All retailers would have to comply with the ban within the next five years. The retailers
would have to provide recyclable paper bags, compostable bags, or reusable shopping
bags. Violators would be fined, and the proceeds would go toward a public education to
further promote awareness of the issue, as well as recycling programs. The legislation
also consider ways to mitigate the impact on consumers and retailers. n2
In March 2007, San Francisco's Board of Supervisors approved a city-wide ordnance 10-1
banning plastic bags at grocery stores beginning six months from the passage of the
ordnance and one year for large pharmacies. San Francisco is the first U.S. city to
legislate such a ban. The ban followed a previous failed attempt to reduce the number of
plastic bags used by city retailers, who will now have the option of utilizing recyclable
paper bags or compostable cornstarch-based bags. n9 A proposed ban on use of plastic
bags by all Annapolis, MD retailers is intended to mitigate the effect of discarded bags on
marine species and birds around Chesapeake Bay. The bill would require retailers use
paper bags made from recycled material. A final City Council vote on the bill is set for
Nov. 19. Boston and Baltimore, as well as Oakland and Santa Monica, CA, Portland,
OR, and Steamboat Springs, CO, are currently considering similar bans. n10
Citing the negative environmental and sociological effects of plastic bags, Ireland,
Taiwan, South Africa, Australia, and Bangladesh have heavily taxed the bags or banned
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their use completely. The list of nations rejecting or mitigating use of non-biodegradable
plastic bags continues to grow every year. n3 I believe Hawai'i's residents and
government share a responsibility to protect the unique environment of the islands. When
an opportunity arises to proactively manage a known threat to that unique environment,
both the residents and government have a real interest in giving that opportunity serious
consideration. There is no need to wait for a federal mandate or overwhelming market
shift to implement alternatives to plastic bags.
In New York City alone, “…one less grocery bag per person per year would reduce waste
by 5 million lbs. and save $250,000 in disposal costs.” n1 I am not suggesting
economics are the most compelling reasons for banning plastic bags, although I do know
no one visits Hawai'i for our litter. The real cost to consider is the havoc wrought on the
landscape and fauna. The proposed legislation will mitigate this harm for almost no cost
to the state or consumer and is in keeping with Hawai'i's traditions of environmental
consciousness while serving as an example to other communities.
Thank for the opportunity to address this important proposed legislation.
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Endnotes:
n1 Sierra Club, Grocery Bags- Paper or Plastic?, http://www.sierraclub.org/bags (last
visited Sep. 17, 2007).
n2 Christie Wilson, Maui May Ban Plastic Shopping Bags, Honolulu Advertiser, July 27,
2007, available at
http://the.honoluluadvertiser.com/article/2007/Jul/27/ln/hawaii707270359.html.
n3 John Roach, Are Plastic Grocery Bags Sacking the Environment?, Nat'l. Geographic
News, Sep. 2, 2003,
http://news.nationalgeographic.com/news/2003/09/0902_030902_plasticbags.html.
n4 A.P., Maui Bill Would Ban Plastic Bags, Honolulu Star Bulletin, July 30, 2007,
available at http://starbulletin.com/2007/07/30/news/story07.html.
n5 Jan Tenbruggencate, Giant Patch of Ocean Debris Carries Plastic Ghost Nets, Trash
Onto Island Shores, Honolulu Advertiser, (Feb. 13, 2006),
http://www.mindfully.org/Plastic/Ocean/Honolulu-Patch-Of-Plastic13feb06.htm.
n6 Hillary Mayell, Ocean Litter Gives Alien Species An Easy Ride, Nat'l. Geographic
News, Apr. 29, 2002,
http://news.nationalgeographic.com/news/2002/04/0429_020429_marinedebris.html.
n7 WorldWatch.org, Good Stuff? -Plastic Bags, http://www.worldwatch.org/node/1499
(last visited 9/14/07).
n8 See http://www.bpiworld.org/BPI-Public.
n9 Charlie Goodyear, S.F. First City To Ban Plastic Shopping Bags, S.F. Chron., Mar.
28, 2007, at A1, available at http://sfgate.com/cgibin/article.cgi?file=/c/a/2007/03/28/MNGDROT5QN1.DTL.
n10 Ian Urbina, Pressure Builds to Ban Plastic Bags in Stores, The N.Y. Times, July 24,
2007, available at
http://www.nytimes.com/2007/07/24/us/24plastic.html?ex=1342929600&en=b00211e23
8911098&ei=5088&partner=rssnyt&emc=rss
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