Mass. Senate votes in favor of ban on plastic bags

By Anissa Gardizy / Worcester Telegram & Gazette / November 20, 2019

BOSTON – The Massachusetts Senate voted in favor of a statewide ban on plastic bags in its last formal session of the year on Wednesday.

The bill, which passed with a 36-4 vote around 10:30 p.m., would prohibit the distribution of single-use plastic bags and require customers to pay a fee of at least 10 cents for recyclable or reusable bags. The ban would not apply to plastic bags used to prescription medications, produce, meats, poultry, fish, and other some other items.

Over 120 communities across the state, including Worcester and Shrewsbury, have already passed their own ordinances banning plastic bags. Some include bag fees. and others do not.

“Something of this nature is needed,” Sen. Michael O. Moore, D-Millbury, said in an interview before the Senate vote. “Right now we have a patchwork of different towns and communities where some are passing it, and everyone has different aspects of their law.”

The state ban would override Worcester’s plastic bag ban, which the city council approved unanimously last month. It took Worcester 10 years to approve a plastic bag ban. Councilor-at-Large Konstantina B. Lukes first proposed such a ban in 2009.

Worcester’s ordinance, which is set to go into effect in April, prohibits retail establishments from distributing lightweight single-use plastic bags, but allows businesses to provide alternative checkout bags to customers for no extra charge.

The Senate bill includes a 10-cent bag fee; half of the money collected would go to stores to cover to cost of new bags, and the other half would go to the cities or towns to promote sustainability initiatives.

“I wish we could do it without a fee, but my understanding from speaking with the Senate sponsor is that this is something that has been negotiated out with the retail industry,” Moore said. “The Mass. Food Association, which represents all grocery stores and those types of retail stores, are on board with the fee.”

Moore said communities that have already passed their own ordinances should be relieved that the Senate is pursuing a statewide ban.

“It is no longer just their community, where they may have other communities around them who have different versions (of a ban) or may not have one at all,” he said. “This hopefully will relieve small businesses of having regulatory burdens that other similar businesses don’t have outside of those communities.”

Chris Lauzon, the store manager at the Price Chopper grocery store on Park Avenue in Worcester, said his customers informed him of the city’s recent ordinance.

Some customers expressed their concern to Mr. Lauzon about using the Price Chopper paper bags, which do not have handles, instead of the plastic bags. They told him that they carry bags up multiple flights of stairs, or transport their groceries by bike, and rely on handles.

Mr. Lauzon also said the Price Chopper in Shrewsbury — where plastic bags were banned in July 2017 — briefly charged a fee for paper bags when it started providing paper bags with handles. The price increase covered the cost of the new bags, but it led to customer complaints, so the Shrewsbury grocery store removed the fee on paper bags, Mr. Lauzon said.

Alex Guardiola, director of government relations and public policy for the Worcester Regional Chamber of Commerce, said the proposed fee on bags might be met with some criticism. He was also unsure whether a fee would incentive consumers to bring their own reusable bags when shopping.

“If (the bill) mandates that businesses charge a minimum of 10 cents, I think they have to recognize that it will be put back onto the consumer,” Guardiola said. “I hope (the state) understands there might be blowback from residents.”

Guardiola also said he hopes Massachusetts will give businesses adequate time to adjust to the new regulation and that they will explain how current inventory of plastic bags should be utilized.

“We want to make sure we have good outreach and education on how to dispose properly of any extra inventory that they may have,” he said.

The Senate unanimously voted to adopt an amendment that would allow certain small businesses until January 2024 to implement the changes, instead of the original extended deadline of 2022 for small businesses.

Jonathan Shaer, executive director of the New England Convenience Store and Energy Marketers Association, said his organization supports a uniform statewide policy. He said the legislation could be more precise in order to prevent future inconsistencies.

“Some companies are going to do 10 cents, others are going to do 15 cents, 20 cents, or more, and that contributes to this inconsistency,” he said.

Moore said that if fee inconsistency becomes a problem again, the Senate could revisit the issue.

“There is nothing that would or should stop us from going back and revisiting the fee if that becomes an issue,” he said.

The bill now goes to the House, where it will likely be voted on next year.

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