In Arizona, it’s illegal to ban the use of single-use plastics. Yes, you read that right, it is illegal. In 2015, the state legislature approved Senate Bill 1241, preventing all local governments from regulating the sale, use or disposal of plastic bags and other “auxiliary containers”. This means that Arizona municipalities trying to take a more aggressive approach towards tackling their plastic simply cannot. It sounds absurd, but doing so would have criminal consequences. 

Take the city of Bisbee, Arizona. In 2012, spurred on by a growing trash problem, the Bisbee City Council enacted an ordinance banning retailers from providing plastic bags to customers. However, in 2015, after Senate Bill 1241 was approved, the Arizona Attorney-General flagged Bisbee’s progressive ban on plastic bags as violating state law. The ultimatum for Bisbee? Give up your single-use plastic ban, or lose more than US$2 million in state tax revenue. 

Arizona is not the only state that has made bans on single-use plastics illegal. Today, state laws in 10 US states prevent local governments from implementing more progressive plastic reduction policies at the city level. 

States with Enacted Plastic Bag Legislation – note that 10 states have preempted bills preventing local governments from passing bans, fees, or taxes on plastic bags. (From National Conference of State Legislatures)

Proponents of these states laws argue that cities can still pursue voluntary plastic waste reduction programs. Citizens need to be given a choice, they say, such as reusing and recycling their plastic bags. They argue, enacting such legislation doesn’t mean that there can never be a ban on single-use plastics, it just needs to happen on a state level to prevent confusion. (Read: it will never happen.)

 In truth, most state legislators passing such laws disregard consumer interests. It is corporate interests that they are protecting. 

A deeper investigation reveals that these laws are modelled on legislation proposed by the American Legislative Exchange Council (ALEC). ALEC is an organization that claims to “protect business and consumer choice”, but works behind the scenes to draft model legislation advancing corporate interests – so much so that critics have called it a ‘corporate bill mill’. It has proposed bills that allow states to opt out of safe water drinking protections, withdraw from regional climate initiatives, and seize public lands for industry. Worst of all: ALEC has denied the existence of climate change. 

It should concern you that powerful corporate lobbies are taking away your city’s right to enact their own plastic reduction policies. ALEC is not the only group working with state legislators – the American Progressive Bag Alliance (APBA), which represents the plastic bag manufacturing and recycling sector, is another strong lobby. In Minnesota, the APBA and the American Chemistry Council spent $290,000 lobbying at the state level to make banning single-use plastics illegal – forcing cities like Minneapolis to backtrack on plastic reduction policies. After California passed its statewide ban on single-use plastic in 2014, the APBA spent over $3 million to put a reversal of the ban on the ballot. 

These state laws are out of step with the rest of the world. The European Union parliament recently approved a wide-ranging ban on single-use plastics, Vietnam and Hong Kong levy a charge on plastic bags, and more than 25 African countries have national bans on plastic bags. 

We must overturn such state restrictions. These restrictions limit your local government’s power to pass more aggressive plastic waste reduction policies – policies which are favorable to local municipalities. Instead, state laws give power to corporate groups that do not have your city and the environment’s best interests at heart. 

More aggressive plastic reduction policies have already substantially reduced plastic waste. In Washington D.C., a 2009 bag ban has led to a 50% reduction in single-use plastic bags. In Los Angeles, a 10-cent bag tax introduced in 2011 has reduced plastic bag use from 2.2 million/year to 125 thousand/year.

So what can you do? 

1. Check if your state has existing laws that make it illegal for cities to take more progressive action on single-use plastics. You can refer to this website to find out more. 
2. Petition your elected officials to overturn such “bans on bans” – collect signatures, attend city council meetings, and/or go to your mayor!
3. Support community-led or government-led plastic reduction policies for single-use plastics, or propose your own. The Product Stewardship Institute has sample policies you can use to encourage local policymakers to adopt.