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California’s first-in-the-nation plastic bag ban on hold pending 2016 vote

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February 24, 2015

By Tyler King

California

Signed by Gov. Jerry Brown (D) in September 2014, Senate Bill 270 was to make California the first state in the nation to ban plastic single-use carryout bags. The American Progressive Bag Alliance, a plastic bag trade association, has stopped the legislation from going into effect following a successful petition drive.[1] Spending $3,105,362 on collecting signatures, or about $6.15 per required signature, the group's Plastic Bag Ban Referendum was certified on February 24, 2015, for the ballot up for election on November 8, 2016. The vast majority of campaign funding came from four companies--Hilex Poly Co. LLC, Advanced Polybag, Inc., Superbag Corp. and Formosa Plastics Corporation U.S.A.[2] Based on a random sample, the Office of the Secretary of State estimated that proponents gathered 598,684 valid signatures.[3] Gov. Brown's office was quick to respond, with spokesperson Evan Westrup saying, "This is a cynical ploy by out-of-state interests desperate to delay a ban already adopted in more than 100 communities across California."[1]

Voters will now have a chance to uphold or overturn Senate Bill 270. Beyond banning plastic single-use carryout bags, the bill would mandate stores to charge most consumers $0.10 for recycled, compostable and reusable grocery bags. However, plastic bags for certain foods, like meat, bread, produce, bulk food and perishable items, would be exempt from the ban.[4]

Lee Califf, Executive Director of the American Progressive Bag Alliance, has depicted the legislation as a "back room deal between the grocers and union bosses to scam California consumers out of billions of dollars without providing any public benefit – all under the guise of environmentalism."[5] Supporters, like Secretary of State Alex Padilla (D), contend the bill is needed to "reduce the flow of billions of single-use plastic bags that litter our communities and harm our environment each year."[6] The pro-SB 270 campaign is being led by California vs. Big Plastic, whose largest financiers to date are Californians Against Waste and Environment California.[7]

The veto referendum is the fourth proposition to be certified for California's 2016 ballot in what is expected to be, in the words of recent opinion editorials in California, an "initiative avalanche" and "ballot initiative carnival."[8][9]

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