Ethan Clarke
Arizona's stance on plastic waste has been a topic of discussion in recent years, with a focus on the use of plastic bags and plastic straws. In 2015, the state passed SB 1241, which prevents cities, towns, and counties from banning plastic bags and other disposable containers. This move sparked controversy, with some arguing for local control and others citing the negative impact of plastic waste on the environment. Bisbee, a small city in Arizona, had previously implemented a plastic bag ban, which it was forced to repeal after the state threatened to withhold funding. While Arizona has not implemented a statewide ban on plastic bags, some cities, like Tempe, had considered it. Additionally, Arizona is one of several states with a partial ban on plastic straws, indicating a growing awareness of the environmental impact of single-use plastics.
| Characteristics | Values |
|---|---|
| Can Arizona cities ban plastic bags? | No, Arizona cities are prohibited from banning plastic bags. |
| Can Arizona cities ban plastic straws? | No, Arizona cities are prohibited from banning plastic straws as they are considered "auxiliary containers". |
| Reasoning | The State of Arizona has a preemption that prohibits any municipality from imposing a ban or fee on single-use plastic containers. |
| Exceptions | Bisbee is the only town in Arizona with bag regulations. It banned plastic bags in many retail settings and imposed a "reasonable fee" on recycled paper bags. |
| Public Opinion | Mixed, with some people arguing that cities should be able to pass their own laws, while others believe it should be administered at the state level. |
| Political Affiliation | The ban on local regulations is supported by Republican legislators and opposed by Democrats. |
| Alternative Approaches | Some Arizona cities have implemented voluntary recycling or waste-reduction programs, such as the "Bag Central Station" program in Phoenix. |
| Statewide Ban | There is no statewide ban on plastic bags in Arizona, and attempts to pass such a ban have failed due to industry lobbying. |
| Other States | Several other states, including California, Colorado, Connecticut, and Delaware, have banned disposable bags. |
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What You'll Learn
Arizona's SB 1241 prevents cities from banning plastic bags
Arizona's SB 1241, also known as the "strike everything amendment", prevents cities and towns from banning or taxing plastic bags. The bill declares that the regulation of plastic bags is a matter of statewide concern and is thus not subject to local authority regulation.
Governor Doug Ducey signed the bill into law, which applies to both plastic bags and other disposable containers. The bill's sponsor, State Senator Nancy Barto, justified the legislation as being in the state's best economic interests, stating that "municipalities acting on their own to implement these mandates run counter to the state's goal to overcome Arizona's sluggish job growth and economic stability".
Prior to the bill's passage, only one city in Arizona, Bisbee, had bag regulations in place, with a ban on plastic bags in many retail settings and a "reasonable fee" imposed on recycled paper bags. Several other cities, such as Tempe and Flagstaff, were considering similar bans. However, with the new law in place, such bans will no longer be an option for local governments in Arizona.
The bill has sparked debate, with some arguing that the issue should be left to local authorities, especially since cities are the ones managing landfills. Others have expressed concern over the environmental impact of single-use plastics and the success of plastic bag bans in reducing pollution in other states and cities. However, there are also counterarguments, with some suggesting that alternatives to single-use plastics may not be better for the environment and that bans or taxes on disposable containers could disproportionately impact lower-income individuals.
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Bisbee is the only town in Arizona with bag regulations
Arizona cities and towns are prohibited from banning or taxing plastic bags. Governor Doug Ducey signed Senate Bill 1241, which declares that the regulation of plastic bags is a matter of statewide concern and, therefore, not subject to regulation by local authorities. This bill was passed under the premise that it is bad for the state economy.
However, Bisbee, a small mining and tourist city southeast of Tucson, is the only exception. In 2012, Bisbee banned single-use plastic bags and implemented a 5-cent charge per paper bag. The city leaders passed this ordinance to prevent littering, as plastic bags were a nuisance for the small city, which is a tourist attraction. The ban noticeably reduced litter.
In 2017, Bisbee faced the threat of losing revenue from the state, as the Arizona Attorney General's Office concluded that the city's bag ban was unlawful and violated state law. The state investigated Bisbee under a law that allows Arizona to withhold tax revenue from cities that pass ordinances conflicting with state law. The City Council voted to draft a new version of the bag-ban ordinance, making it voluntary for retailers. Bisbee's leaders planned to repeal both the ban on plastic bags and the mandatory fee for paper bags.
Despite the state law, the Bisbee City Code continues to ban retail establishments from providing single-use plastic bags and imposes a minimum charge of 5 cents per recycled paper bag. The city's largest retailer, Safeway, has agreed not to use plastic bags. Bisbee's ordinance includes a provision to reinstate the mandatory ban if state law is reversed.
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Tempe and Flagstaff considered banning plastic bags
Arizona cities and towns are prohibited from banning or taxing plastic bags. Governor Doug Ducey signed Senate Bill 1241, which declares that the regulation of plastic bags is a matter of statewide concern and, therefore, not subject to regulation by local authorities. However, before this bill was passed, several Arizona cities considered banning plastic bags. Tempe and Flagstaff were among those exploring the possibility of implementing such bans.
In 2015, Tempe officials were in the early stages of studying whether to ban plastic bags from retail stores. Councilwoman Lauren Kuby proposed that banning plastic bags would not only help the environment but also save taxpayer dollars. She cited the example of Washington, D.C., where a 5-cent tax on all carryout bags led to a decrease in bag usage and a reduction in purchases of bags by businesses. Tempe's plan included banning plastic bags at stores while charging customers 10 cents for each paper bag, encouraging a cultural shift away from single-use plastic bags.
Flagstaff also considered banning plastic bags, with community and student groups advocating for a solution to the issue. A petition on Change.org highlighted that an estimated 10 million plastic bags are given to Flagstaff consumers each year, many of which end up as litter, polluting streets, open spaces, and waterways. The petition called for Flagstaff to join other US cities like Bisbee, AZ, Santa Fe, NM, and Boulder, CO, in banning or imposing fees on plastic bags.
While Tempe and Flagstaff contemplated banning plastic bags, there was opposition to such measures at the state level. Republican senators argued that plastic bag bans represented "government run amok" and that the issue should be left to local authorities. They also asserted that bans or taxes on disposable food containers would disproportionately impact the poor. Ultimately, the Arizona House proposed an amendment prohibiting cities from imposing regulations on plastic and paper bags, and Governor Ducey's signing of Senate Bill 1241 cemented the prohibition of plastic bag bans in Arizona municipalities.
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Plastic bag bans are seen as a local control issue
Arizona has a preemption that prohibits any municipality from imposing a ban or fee on single-use plastic containers. Governor Doug Ducey signed Senate Bill 1241, which declares that the regulation of plastic bags is a matter of statewide concern and, therefore, not subject to regulation by local authorities. This bill prevents cities, towns, and counties from passing anti-plastic and anti-auxiliary container laws.
However, some people believe that the decision to ban plastic bags should be left to local authorities. Democratic Senator Steve Farley argued that cities run landfills and should be able to implement bans if there is a problem. Tempe City Councilwoman Lauren Kuby sued the state, saying it did not have the right to prevent such a local ordinance. Before the bill was passed, Democratic lawmakers and coalitions of cities argued that the issue should be left to local authorities.
The only town in Arizona with bag regulations is Bisbee, which banned plastic bags in many retail settings and imposed a "reasonable fee" on recycled paper bags. However, Bisbee was forced to repeal its local plastic bag ban after Arizona threatened to withhold $2 million in funding, saying the ban was illegal.
Some people oppose plastic bag bans, arguing that they are bad for the state economy and will lead to higher consumer costs. Republican Senator John Kavanagh stated that such bans are only for places with landfill crises, which is not the case in Arizona. He also argued that a ban would end up costing the poor more, as they are more likely to get food in disposable packaging.
Despite the opposition, many Western states and territories have banned disposable bags, including California, Colorado, Connecticut, Delaware, and Hawaii. Over 200 counties and municipalities have enacted ordinances imposing a fee on plastic bags or banning them outright. U.S. coastal areas with plastic bag bans or fees have seen significant reductions in plastic bag pollution.
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Bans are also seen as bad for the state economy
Arizona has a preemption that prohibits any municipality from imposing a ban or fee on single-use plastic containers. Governor Doug Ducey signed Senate Bill 1241, which declares that the regulation of plastic bags is a matter of statewide concern and thus not subject to regulation by local authorities. The bill's sponsor, State Senator Nancy Barto, justifies it as being in the state's best economic interests to prevent cities from regulating these types of environmental issues.
Senator Barto, a Republican, argued that "excessive regulation on containers creates more work and cost for retailers and other businesses—and leads to higher consumer cost and a drag on economic growth." She added that "municipalities acting on their own to implement these mandates run counter to the state's goal to overcome Arizona's sluggish job growth and economic stability." The bill passed in 2015, preventing cities, towns, and counties from passing anti-plastic and anti-auxiliary container laws.
The bill was supported by those who believed it would protect businesses and consumers from a potential patchwork of regulations. They argued that a ban or tax on disposable food containers would end up costing the poor more, as they are more likely to use this type of packaging. Additionally, alternatives to single-use plastics, such as reusable polypropylene bags, cotton bags, and thicker polyethylene bags, are not necessarily better for the environment.
Opponents of the bill, including Tempe City Councilwoman Lauren Kuby, cited the high cost of litter and damage to machinery at recycling facilities caused by plastic bags. Kuby sued the state, arguing that it did not have the right to prevent local ordinances, but she lost, and Arizona remains pro-plastic. Before the bill's final vote, Democratic Senator Steve Farley argued that the issue should be left up to local authorities, as cities run the landfills and should have the option to ban plastic bags if there is a problem.
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Frequently asked questions
No, Arizona cities are prohibited from banning plastic bags. Governor Doug Ducey signed Senate Bill 1241, which declares that the regulation of plastic bags is a matter of statewide concern and not subject to local authority.
The bill was passed under the premise that it is bad for the state economy. State Senator Nancy Barto, the bill's sponsor, justified it as being in the state's best economic interests to prevent cities from regulating these types of environmental issues.
California, Colorado, Connecticut, Delaware, Maine, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington have banned disposable bags.
