06.08.2016

NEW YORK – The New York State Progressive Elected Officials Network (NYS PEN), a coalition of dozens of local elected officials around the state, urged lawmakers in Albany to vote down legislation to prevent cities and towns from passing local regulations to limit the use of single-use disposable bags. Legislation to ban the measures passed the State Senate Tuesday but needs to pass the Assembly to become law. New York City passed a law to charge a five-cent fee on all plastic and paper single-use bags earlier this week, and multiple localities around the state are considering similar laws.

“These bills would not only preempt the New York City Council’s recently-passed ‘Bring Your Own Bag’ law, but would set the entire state back in reducing pollution caused by the disposal of billions of single-use bags every year,” the lawmakers argue in a letter. “Taking this decision out of the hands of New York City and local governments sets an alarming precedent. Cities and towns are closest to the people they represent and have historically been incubators of innovation for the entire state. Shutting down their power to set their own policy is undemocratic and unfair. By allowing decision-making to be further concentrated in the hands of Albany lawmakers, it could open the floodgates for other decisions that undermine democracy.”

The New York State Progressive Elected Officials Network comprises more than 80 progressive local elected officials from across the state and was launched earlier this year to support local lawmakers in the pursuit of progressive policies. NYS PEN is a state affiliate of Local Progress, a network started in 2012 to connect local legislators nationwide. Local Progress is a project of the Center for Popular Democracy (CPD) and CPD Action.

Members of NYS PEN are available for comment.

The full letter can be found below.

June 8, 2016

Governor Andrew Cuomo

Assembly Speaker Carl Heastie

State Senate Majority Leader John Flanagan

                  Re:           Opposition to A. 9904 / S. 7336

Dear Governor Cuomo, Speaker Heastie, and Majority Leader Flanagan:

As local elected officials representing diverse cities, counties, and towns around New York State, we write in opposition to legislation moving forward in the State Legislature (A. 9904 / S. 7336) that would prohibit any city in New York State from imposing charges on carryout merchandise bags as part of their efforts to reduce solid waste.

If passed into law, these bills would not only preempt the New York City Council’s recently-passed “Bring Your Own Bag” law, but would set the entire state back in reducing pollution caused by the disposal of billions of single-use bags every year. Local governments across New York deserve the right to protect their streets, parks, beaches, and waterways from this increasingly chronic problem.

The New York City Council recently passed legislation to charge a five-cent fee for plastic and paper take-out bags given out when customers check out at grocery stores and other retail outlets in New York City. Inspired by New York’s example, local governments from Long Island to Buffalo are working to move forward with similar legislation.

This new bag statute in New York City makes sense from both an environmental and economic standpoint. Every year, up to 10 billion bags are discarded in New York City. Rarely recycled, they end up littering our streets, hanging from trees, and emptying into rivers and bays. This problem is not unique to New York City, and is hurting waterways, wildlife, and communities across the state. The scale of the problem has led every major environmental organization in New York State to endorse the city legislation and fight for its passage. The New York Times and New York Daily News have both backed the city bill – and strenuously opposed state efforts to thwart it.

Although the plastic industry claims the fee will be tantamount to a “tax hike”, it does no such thing. In fact, the bill supports communities of color, who are the most burdened by our city’s increasingly crowded waste stream. Every year, New Yorkers dispose more than 9 billion plastic bags – resulting in more than 7,000 truck trips to waste transfer stations that are overwhelmingly concentrated in low-income neighborhoods of color in the South Bronx, North Brooklyn, and Southeast Queens.  

Moreover, specific provisions were included in the bill to protect the indigent. New Yorkers who use food stamps are exempt, as are those who use reusable bags. During the long and deliberate process of forming the bill, the charge was also reduced from 10 cents to 5 cents.

In reality, the bill encourages a course of action that will make New York City better for everybody, reducing litter and pollution and saving the city money on clean-up and disposal. That is why a wide and diverse coalition of groups have backed the bill, including communities of color, environmental justice organizations, and an array of Council Members representing neighborhoods around the city.

Hundreds of cities around the country from Seattle to Washington, D.C., have proven that cities can effectively cut the use of plastic bags while sparing residents from an undue financial burden. Research has shown that charging for plastic bags can increase reusable bag use by more than 80 percent across races, incomes and neighborhoods.

Finally, however one feels about the policy, taking this decision out of the hands of New York City and local governments sets an alarming precedent. Cities and towns are closest to the people they represent and have historically been incubators of innovation for the entire state. Shutting down their power to set their own policy is undemocratic and unfair. By allowing decision-making to be further concentrated in the hands of Albany lawmakers, it could open the floodgates for other decisions that undermine democracy.

New Yorkers have a long tradition of taking action when a problem threatens their communities, and bans on single-use bags are no exception. We respectfully urge you and your colleagues to respect the views of our state’s communities and resist misguided efforts to impede progress that will help generations to come.

Thank you,

Members of the New York State Progressive Elected Officials Network

Contact: 

Asya Pikovsky, apikovsky@populardemocracy.org, 207-522-2442

Anita Jain, ajain@populardemocracy.org, 347-636-9761