18 January 2019 — 1443 mst
Missoula legislators Malek and Marler introduce bills
to ban or regulate certain single use plastics
Updated 23 January. The bills would ban foamed polystyrene food containers, prohibit eateries from dispensing plastic straws without the customer’s request, and require that single use shopping bags be biodegradable.
Sen. Sue Malek (D-Missoula, SD-46) is carrying the restaurant straw ban, SB-120, and the crackdown on plastic bags, SB-121. Both bills will be heard by the Senate’s Business, Labor, and Economic Affairs, committee on Friday, 25 January, in Room 422, beginning at 0830.
Rep. Marilyn Marler (D-Missoula, HD-90) is carrying the foamed polystyrene bill, HB-165, which will be heard by the House’s Business and Labor Committee on 28 January, in Room 172, beginning at 1000. The bill is similar to, and builds on, Rep. Shane Morigeau’s (D-Missoula, HD-95) HB-657, which died in committee in the 2017 session following heavy criticism from the restaurant and grocery store lobbies.
Plastic straw ban violators subject to fines
The actual mass and volume of plastic straws is minuscule compared to other plastics. But they are visible, especially when found stuck up the nose of a turtle. They’re a minor litter problem, but they’re visible and tailor made for a righteous campaign against straws. For people who want to do good, this is something they can do.
In restaurants, I prefer drinking from a straw, as the inside of the container for my drink is likely to be cleaner than the outside.
The organizations pushing this legislation have their hearts in the right place, but I think they’re picking on the wrong plastic.
Regulating disposable carry-out bags
SB-121 establishes material requirements for disposable carry-out bags and imposes a four-cent per bag fee. Although in some circumstances the business collecting the fees can keep a portion of the fees, my reading of the bill suggests that some of the fee goes to Montana’s government to pay for grants for good things. If so, SB-121 is partly a revenue raising measure that functions like a sales tax.
Here’s what would be legal if SB-121 passes:
NEW SECTION. Section 2. Requirements for disposable carry-out bags.
(1) Disposable carry-out bags made of paper must:
- be 100% recyclable;
- contain a minimum of 40% postconsumer recycled content; and
- display the phrase “Please Recycle This Bag”, or a substantially similar phrase, in a highly visible manner on the bag exterior.
(2) Disposable carry-out bags made of plastic must:
- be 100% recyclable;
- be made of high-density polyethylene film marked with the SP resin identification code 2 or low-density polyethylene film marked with the SP resin identification code 4; and
- display the phrase “Please Recycle This Bag”, or a substantially similar phrase, in a highly visible manner on the bag exterior.
A ban on single use foamed polystyrene food containers is justified
Foamed polystyrene, colloquially known as styrofoam (Styrofoam™ is Dow Chemical's registered trademark for its insulation boards made of extruded foamed polystyrene), is an excellent material for packaging cooked food, hot and cold drinks, and fresh meats. There are two types of foamed polystyrene, expanded and extruded. The latter has a slightly higher R value for insulation, but for the intents and purposes of HB-161, they're pretty much interchangable.
Foamed polystyrene is not friendly to the environment. It degrades at a geological pace, is difficult to recycle, and, being friable, gets ground into very small balls of foam that birds and other critters ingest. It’s the perfect material for pernicious littering.
Alternative materials that are biodegradable are available, although slightly more expensive.
HB-165 is a reasonable bill that should be given serious consideration by the legislature. I support it, although I might recommend some changes.
Next week, I’ll provide more information on the issue.