Environmentalists want to close loopholes on plastic bag ban

Legislative Gazette photo by Kaitlyn Franson
Assemblywoman Patricia Fahy, at microphones, discusses the upcoming plastic bag ban going into effect March 1, and is urging New Yorkers to begin using reusable whenever possible. Fahy was joined by environmentalists to urge the DEC to revise its regulations before the ban goes into effect so that more businesses will be forced to comply with the new law.

With a ban on single-use plastic bags going into effect on March 1, a coalition of environmental groups has asked the Department of Environmental Conservation (DEC) to reconsider the way the law will be implemented.

The environmental groups — including the New York Public Interest Research Group and Environmental Advocates of New York — are concerned with wording in the regulations that were developed by the DEC in the months after the bill passed in April 2019.

Specifically, they are concerned that stores and restaurants might still be able to provide customers with thicker plastic bags, 10 millimeters or heavier, which are technically considered reusable.

The groups believe the DEC regulations, as written, could potentially exempt some stores from the law on a case-by-case basis when there is no “reasonable or practical alternative.”

Finally, the new law that goes into effect March 1 exempts businesses that offer carry-out or deliver food from the bag ban. But NYPIRG, Environmental Advocates and others want the DEC to clarify in the regulations that small stores and gas stations that serve food will not be exempt from the plastic bag ban.

“The DEC has proposed regulations that undermine the intent of the law, which is to ban all plastic carryout bags, by opening the door to plastic bags of a certain thickness,” said Kate Kurera, deputy director of Environmental Advocates of New York.

Members of the environmental coalition held a press conference outside the Senate Chamber in Albany on January 31 to release a letter of concern on the state-wide plastic ban.

Five speakers represented the 60 organizations that signed a letter detailing concerns about the DEC regulations for the state plastic ban. On March 1 the law will go into effect banning all single-use plastic bags. The letter urges that the DEC reconsider some of these regulations and remove them. Instead of allowing thicker plastic bags, or paper bags, it is suggested that people should transition to using reusable bags.

According to a report issued by the DEC in January 2018, New Yorkers use 23 billion plastic bags every year. “It’s 2020,” said Assemblywoman Patricia Fahy of New York’s 109th District. “We need to change our behavior.”

Judith Enck, former EPA regional administrator, praised New York state for its accomplishment of the statewide plastic bag ban. However, the consideration of thicker plastic bags is a concern. “This [allowing heavier plastic bags] would be a monumental mistake which the DEC thankfully has time to change before the law takes effect on March 1st.”

The comment period on the potential DEC regulations closed on February 3 and the new law will be enforced on March 1.