Legislation banning the use of single-use plastic bags, passed in 2014 by the California legislature and signed by Governor Brown, made California the first state in the nation to authorize a prohibition on plastic bags.  Legislators praised this mandate and expressed optimism that California was leading the way in reducing the quantity of plastic waste accumulation on beaches and parks.  Environmental factors were critical in drafting this legislation, as a significant portion of California’s coastline, as well as its marine population and habitats, have been damaged over many years by plastic pollution.

SB 270 conformed substantially to other bills passed in various local ordinances designed to reduce the overall production of plastic waste.  Over 100 cities and counties in California have already enacted similar bans.  According to the legislation, grocery stores and pharmacies were prohibited from providing plastic bags as of July, 2015.  An analogous ban was to go into effect for convenience and liquor establishments in 2016.  The legislation also included a 10 cent fee on the purchase of paper bags by consumers.

Opposition to SB 270, led by the American Progressive Bag Alliance, has succeeded in suspending the legislation and postponing resolution of the issue until November, 2016.  Industry opponents initiated a referendum campaign to place the legislation on the ballot.  The referendum eventually qualified after collecting the required number of signatures from registered California voters, which ultimately allows voters to decide the issue.  As such, SB 270 will be subject to a statewide vote in the November, 2016 general election.  During its suspension, the Legislature may still present amendments to the bill, and if SB 270 becomes effective, it would include those amendments approved by the legislature prior to the referendum.

The passage of SB 270 has become a hot button issue in California.  The success of the statewide ban on single use plastic bags ultimately hinges on a majority of California voters agreeing that preventing the environmental harm and cost of plastic pollution caused by single use plastic bags outweighs their convenience.  Opponents disagree with charging a 10 cent fee at the store as a means of influencing consumer choice to bring reusable bags.  Recent studies, however, confirm that even a nominal charge has a significant effect in reducing the number of single use bags used by consumers.

Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about the practice and services.