Why Trotta and Kennedy Voted No
The Suffolk County Legislature just approved in a 13-4 vote what appears to be a green initiative they call “A Local Law to Reduce the Use of Carryout Bags in Retail Sales.” The color green often represents something related to the environment but it’s also the color of money and Smithtown Legislator Rob Trotta fear it could ultimately be green insofar as a money grab.
The bill was brought forth by Legislator William Spencer and laid on the table 6/21/16, it is slated to go into effect January 1, 2018.
Proponents say it gives people plenty of time to save bags or purchase cloth bags or recycled bags. However, the language of the bill is quite specific about what qualifies a bag viable.
Both Smithtown legislators voted a big no on this bill, Kennedy for some different reasons.
“Yes, I voted no, but it was a solomonesque decision, I received many comments from constituents on this bill, eventually, it was almost equally divided,” said Legislator Kennedy. However, towards the last 4 days prior to the vote, she says she received a voluminous amount of contacts, almost all, against the bill.
“They ranged from those who were in foreclosure, store owners, those caring for elderly parents, young parents with 2-4 children in school and our seniors. Each story was heart wrenching and opened my eyes to additional information about the state of our economy,” she explained. Ironically all those constituents felt that plastic bags were bad for our environment and she said about ninety-nine percent said that they would try to cut back on plastic bag use.
“It was the fee and the reopening of the use of paper bags that bothered them, even though the bags were from recycled material,” she continued. “In the end, I chose to vote as the majority of my constituents requested.”
Kennedy says she doesn’t believe we should be using plastic bags; she knows that disposing of plastic is a huge problem for our environment. “I believe that it is a litter problem that needs to be addressed by enforcement and that recycling should be continued but I’m still researching the options,” shared the freshman legislator.
She like Trotta says she voted no for the primary reason that it was quite simply a badly written bill.
“One business owner said that paper bags require additional eighteen wheelers due to their volume and this increases their carbon footprint,” she explained.
THE BILL
Legislative Intent – this Legislature hereby finds and determines that data releases by the United States Environmental Protection Agency shows that between 500 billion and 1 trillion plastic bags are consumed worldwide each year.
Well Suffolk County wouldn’t be the first geographical area to bring light to plastic bags being a huge problem with regard to Oceanic debris and pollution. Also the issue of dependence on foreign oil arises as some bags have a petroleum base. Ironically, the large and populated country of China banned plastic bags in 2008. China has been frowned upon with regard to emissions by many countries at the G8 Summit. The Summit works on a myriad of issues including climate change and efficient energy use. China is eight years ahead of New York state with regard to plastic bags.
Japan and South Korean have put bans or fees on them as well as close to twenty states in our country.
The Suffolk County Legislature says that the recycling of plastic bags is dismal – they say only about 5 – 7 percent of plastic bags are recycled, part, due to the fact that it costs more to recycle a bag than to produce a new one.
The Legislature within its law also reported that American’s consume more than ten billion paper bags each year and fourteen million trees are cut down yearly for manufacturing of paper.
They the way the law is written is that there would be no less than a five cent fee for all carryout bags after the law goes into effect January 1, 2018 both plastic and paper. At present the cost of carryout bags is woven into the price of the merchandise.
WHAT IS A RESUABLE CARRYOUT BAG
According to the Legislature a Reusable Carryout Bag shall mean a bag with handles that is specifically designed and manufactured for multiple reuse and is either 1) made of cloth or other machine washable material but not film plastic; or 2) made of durable plastic that is at least 2.25 mils thick. A caveat would be carryout bags provided to customers pursuant to this local law. They will conspicuously be labeled as reusable.
All fees charged for a carryout bag will go to the merchandizer – that’s how the present law is written.
Paper carryout bags provided by covered stores to customers shall contain a minimum of forty perfect post-consumer recycled content and be conspicuously labeled with the amount of post-consumer recycled content.
FREE BAGS
Covered stores may provide their customers with reusable carryout bags free of charge for a two-week period from December 1, 2017 to December 31st 2017. In addition, covered stores may provide their customers with reusable carryout bags free of charge for a two-week period each year from December 1 to December 15th.
WHY THE ENVIRONMENTALIST VOTED NO
Legislator Rob Trotta is known as a true environmentalist and has been all his life. It was through his efforts and those of about three or four other Kings Park residents that kept high-density housing from being built on the former Kings Park Psychiatric Hospital. This small group of diligent environmentalists were also responsible for getting said property – well over five-hundred acres, transferred to the New York State Parks Department.
So why did this second term legislator vote no? “There are a multitude of reasons but quite simply it’s just a bad bill,” he said. Trotta said if you want to ban the bags, go ahead and ban them. He says garbage studies show the number one offender is the plastic water bottle. “That has a .5 fee, that goes to recycling and you get it back,” he continued. He says with this plastic bag law you aren’t getting the .5 back. He questions if this is going to prevent pollution. “It’s a feel good bill, I would have preferred to ban the bags outright,” he explained.
He said there are loopholes like bait and tackle shops can still use them. He questions the sanity of that component of the law as those are the bags that end up in Long Island’s beautiful waterways.
“Now we will be charging .5 for a paper bag and there is talk already about making .4 of that fee a tax, I’m not voting for a tax,” he affirmed.
The lifelong Smithtown residents and fisherman worries about the waterways. “There are better bills, based upon the scientific research, there is no incentive to return the bags,” he added.
He questions why we are penalizing Suffolk County residents his parents age. “Each store has a box where you can return your bags, my mother does that,” he shared.
“If you went into the store after this bill, say to buy a card in the stationary store and they put it in a paper bag, a bag you pay .5 for and health department comes in and says this paper bag is made of 30% recyclable material, all paper bags must be made from 40% recycled material, a $500 fine will be issued,” he informed. He questions who would know that.
A phrase Trotta likes, he calls this bill a money grab and he said it could hurt the retailers. “We are asking more and more of a person running a business and what they have to keep an eye on,” said the small business proponent.
Who’s WATCHING THE STORES
The Commissioner of the Suffolk County Department of Health Services is authorized and empowered to promulgate rules and regulations to enforce this law. They and the head of any other department or office designated by the Legislature shall prepare an annual recycling report. Said report will include data on reusable carryout bags, single use carryout bags, the waste and litter reduction benefits of this local law including where practicable, the amount of single use plastic bags in the waste stream. The report will also include notices of violations issued – violation being a five-hundred fee to merchandiser if they do not provide the right recycled paper bag or charge a customer for a one-time use bag. It would not be a warning, a fifty-dollar fee but a first-time five-hundred-dollar fee.
Retail sales includes sidewalk sales, farmers’ markets and flea markets. However, it does not include sale of goods at yard sales, tag sales, and other sales by residents at their homes. So fret not – you won’t get fined if you sell your junk in your front yard until then, many will begin to save bags or invest in cloth ones.