September 8, 2006

Governor Arnold Schwarzenegger
State Capitol
Sacramento, CA 95814

RE:    AB 2449 (Levine) Plastic Bag Waste Reduction & Recycling – Support

Dear Governor Schwarzenegger:

AB 2449 (Levine), proposes a 6 year pilot program to address the problem of plastic bag litter and waste by requiring large grocery stores and other retailers to responsibility for plastic bag litter and waste by:

1) Offering customers durable bags for reuse.
2) Establishing prominent locations at every store for plastic bag collection and recycling.
3) Working with bag manufacturers and end-users to ensure that collected bags are recycled.
4) Development and implementation of a public education program to promote bag recycling.

California retailers distribute more than 19 billion plastic grocery bags annually, less than 5% of which are currently recycled. AB 2449 will provide California consumers with the information and opportunity to reduce bag generation with reusable bags, while establishing a convenient network of more than 7000 locations for bag recycling.

The success of this pilot program will be measured by the ability of retailers and bag manufacturers to successfully reduce plastic bag disposal below current levels of 8.36 lbs/person annually as measured by the California Waste Management Board.

The retailer ‘take-back and recycling’ provisions of this measure are virtually the same as a policy adopted in the State of Rhode Island.

While AB 2449 proposes the establishment of a statewide plastic bag collection network, we have also been working with endusers to ensure that there are sufficient markets for the collected plastic film. While there are already a number of manufacturers of recycled plastic lumber and related products with an existing demand for recycled plastic film, Assembly Member Levine, the California Integrated Waste Management Board, and Californians Against Waste have been working with the nations largest plastic bag manufacturer, Hilex Poly, which is on the verge of announcing plans for the establishment of a $15 million ‘rewashing’ facility in California, which will facilitate the use of recycled plastic film back into plastic grocery bags.

Taken together, AB 2449, and Hilex plans offer the potential for a comprehensive 'closed loop' solution to the problem of plastic bag litter and waste.

This measure is supported by environmental groups, local governments, grocery stores and other retailers, and bag manufacturers.

As part of the legislative compromise to gain retailer support of this statewide recycling solution, the League of California Cities, Californians Against Waste, and the author, agreed to language that would effectively pre-empt local governments from enforcing plastic bag fees or recycling mandates on retailers that are in compliance with the provisions of this measure.

The there has been some discussion of 'Advance Disposal Fees' on plastic bags in San Francisco and Santa Monica, as a means of encouraging ‘reuse’ (based on the success of a 15 cent/bag fee in Ireland), to date no city in the United States has actually adopted such a measure. Some local governments (San Francisco, Oakland, and Santa Monica), are opposed to AB 2449 because of the local fee pre-emption language.

Californians Against Waste supports local advance disposal fees on problem products as a means of both encouraging source reduction and offsetting costs of recycling. Over the last 25 years, CAW has been the only environmental group in California that has successfully advocated for these types of fees at the state and local level. And it is from that experience that we believe that few communities are ready to take the step of adopting local advance disposal fees on plastic bags until retailers and bag manufacturers (and the public) have been provided an opportunity to demonstrate that plastic bag litter and waste can be reduced through voluntary reuse and recycling efforts.

We have carefully weighed the ‘pre-emption’ language since it was first proposed by the retailers in April, and we believe that it’s inclusion in the bill is largely symbolic, with little real world effect. As a legislative tradeoff to help ensure the implementation of a statewide network of more than 7,000 plastic bag recycling locations, we think it is a reasonable one.

Summary of the plastic bag litter and waste problem:

• Over 19 billion plastic bags are generated in California annually.
• Plastic Bags result in 147, 038 tons of plastic waste disposal.
• Grocery stores account for 60% of plastic bag waste.
• Less than 4% of plastic bags are currently recycled.
• Plastic bags are non-biodegradeable and aerodynamic, contributing a disproportionately large share of the litter problem.
• An analysis by the City of Los Angeles found plastic bags and film represent 45% of the litter in the Los Angeles River.
• Litter clean-up is expected to cost state public agencies over $303.2 million each year.
• Plastic bag litter degrades water quality and harms wildlife.  Plastic debris kills wildlife through ingestion, starvation, entanglement and suffocation.
• Plastic bags threaten wildlife by breaking down into smaller, microscopic, pieces that are ingested by marine life and enter the food chain.

AB 2449 will establish a uniform state recycling program for plastic bags similar to one already in place in Rhode Island.  We urge your signature on AB 2449.

Sincerely,

Mark Murray
Executive Director

c.c. Assembly Member Lloyd Levine
     Dennis Albiani, Deputy Legislative Secretary
     Margo Reid Brown, Chair, California Integrated Waste Management Board