Ohio takes up the debate on banning plastic bag bans

The plastics industry's campaign to limit local plastic bag bans scored a win Nov. 28, when Ohio legislators voted to block cities and counties from enacting their own bag taxes and fees.

The 59-30 vote by the state's House of Representatives, after a spirited debate, comes on the heels of efforts by governments in Cuyahoga County and elsewhere for fees on bags to, they said, reduce litter and water pollution.

A similar bill is being considered by the state Senate.

Supporters of the state legislation, however, said limiting the power of local governments would make Ohio more business friendly by preventing a patchwork of different local laws for packaging.

"Keeping the cost of doing business in our state low is of the highest priority," said George Lang (R-West Chester), one of the bill's two main authors. "This bill and this type of bill attracts businesses to locate or expand in our state."

But several legislators acknowledged it's a complex debate, and even Lang raised concerns about environmental pollution from plastic bags. In comments on the House floor, he praised the largest grocery chain in the United States, Kroger Co., for saying it would eliminate plastic bags from checkout lanes by 2025.

"I'm really proud of organizations like Kroger," Lang said. "They see the potential long-term damage that plastic bags pose to our environment and they have made the commitment to be plastic bag free."

Nonetheless, Lang said bag regulations are not a government responsibility: "The market can regulate itself. It doesn't need the government to get involved in every aspect of what they do."

The Ohio debate is the latest stop in a nationwide push by the plastics industry for state laws limiting the authority of local governments to regulate bags and other packaging. About 10 states have enacted such legislation.

While much of the debate in the Ohio House centered around bags, the law would actually apply to many types of paper and plastic containers, including bags, bottles, cans, cups and food service containers.

Legislators who opposed the bill, many of whom talked about representing waterfront communities, took issue with Lang's assessment that government should stay out.

Stephanie Howse (D-Cleveland) noted that her district is in Cuyahoga County, which is currently debating a 5-cent bag fee to try to mitigate harm to Lake Erie.

"We are on Lake Erie. The amount and the financial burden that communities like mine have in trying to clean it up, this body is not having an increase in resources to clean up Lake Erie," she said. "While we're trying to figure it out, there's real damage being done to our communities and we need solutions right now."

The vote in the Republican dominated chamber was largely along partisan lines, but some legislators broke ranks.

Rep. John Barnes (D-Cleveland) voted for the legislation because he said it would amount to a tax on low-income residents, and he said cleanups should be paid for from existing government funds.

"Make no mistake about it, to poor people, this is going to add a cost," Barnes said.

But Rep. Kent Smith (D-Euclid) noted a study from the Rochester Institute of Technology that said that 80 percent of the litter along the shoreline of the Great Lakes is plastic and that 22 million pounds of plastic enter the Great Lakes, including Lake Erie, each year.

"Our colleagues in Cuyahoga County are trying to figure out a way to bring more resources to this fight," Smith said. "The state government should not intercede to remove those options."

The vote culminates several months of hearings in legislative committees that included testimony from plastics industry representatives, but it faces more action before it would become law, including a vote in the state Senate.

Matt Seaholm, executive director of the American Progressive Bag Alliance, said in written testimony that the law would protect jobs, save consumers money and create uniform statewide rules for packaging that would prevent "regulatory chaos and confusion."

Bag maker Novolex, in a hearing before the state Senate, argued that the legislation would support more than 800 jobs at five Novolex factories in Ohio.

"This pro-business legislation protects thousands of businesses and tens of thousands of employees in the state," said Rep. Scott Lipps (R-Franklin), the bill's second main sponsor.

But other legislators argued that cities with bag fees or bans, like San Francisco, Seattle and Washington, have strong local economies and can save tax money spent on cleaning up plastic.

Rep. Dan Ramos (D-Lorain) said Washington's bag fee goes to support cleaning up the Anacostia River in the city.

"They said 'If you want to purchase something that causes environmental problems, we're going to make you help pay to clean up the environmental problems,' " he said.