California advances expansion of plastic shopping bag ban

(The Center Square) - The plastic bag industry warns California’s proposed updates to its ban on single-use plastic bags — which led to use of thicker “reusable” plastic bags at checkout — could sweep up other commonly used items such as purses and sandwich bags.

This would not be the first time the legislature misfired on a plastic bag ban. The author of the updated ban notes California’s 2016 ban actually increased overall plastic waste nearly 50% as stores switched to thicker “reusable” bags, and responded by saying the bill expressly targets only checkout bags for consumers to carry their purchases.

California’s single-use plastic shopping bag ban went into effect in 2016, but plastic bag waste increased 47% to 231,072 tons by 2022 as stores shifted to much thicker plastic bags. Bills SB 1053 and AB 2236 would close the “loophole” by banning all plastic shopping bags starting on Jan. 1, 2026, and require that paper shopping bags be made with 50% recycled paper starting on Jan. 1, 2028. Consumers could either buy paper bags at checkout, or bring their own bags under this law.

“Proponents assert that SB 1053 and AB 2236 would ban certain stores from selling or distributing reusable plastic bags at the ‘point of sale,’ defined as checkout counters, self-checkout kiosks, in-store pickup, outside delivery, and home delivery,” wrote law firm Mayer Brown on behalf of the American Recyclable Plastic Bag Alliance, a lobbying group representing the American plastic bag industry. “Legislators have failed to provide a clear definition for what constitutes a ‘bag,’ nor do they define a “reusable grocery bag,” raising questions as to which types of bags this ban applies … In other words, SB 1053 and AB 2236 threaten washable, reusable grocery bags and commonly purchased items like Ziploc bags, trash bags, backpacks, insulated cooler bags, and more.”

SB 1053 author State Sen. Catherine Blakespear, D-Encinitas rebutted APRBA’s claims, saying the bill is clear in targeting only plastic checkout bags, as intended by the original ban in 2014 and voters in 2016.

“SB 1053 is clear that stores will no longer be able to provide any plastic bags at checkout. Instead, they may offer recycled paper bags or consumers can use their own bags to carry out their purchases,” said Blakespear to The Center Square. “The legislation does not ban the sale of any type of bag, rather it simply provides that only paper bags can be available at the point of sale.”

Plastic bags, which can take 1,000 years to decay, are a major source of microplastics building up in human tissues allegedly causing a wide range of human health issues.

However, the majority of microplastics are produced from washing clothes made from synthetic, plastic fabrics and tires bits breaking off during regular driving. Ten rivers in Africa and Asia are responsible for 93% of plastic entering the world’s oceans.

SB 1053 passed the State Senate and soon faces an Assembly floor vote. AB 2236 passed the Assembly and is now on the Senate Appropriations Committee's suspense file as its fiscal impact is reviewed.