Arizona bill would block bans on plastic bags

A group of Arizona lawmakers wants to ban cities from banning plastic grocery bags.

That's one of the aims of a bill working through the state Legislature that would prevent some of Arizona's more progressive cities from pursuing some new environmental rules.

Senate Bill 1241 would block cities, towns and counties from passing ordinances that ban or tax the use of plastic bags, Styrofoam and other containers. It also would prohibit local governments from requiring businesses to report how much energy they use.

Major cities across the country in recent years have passed legislation to discourage the use of plastic bags, which environmental advocates say needlessly contribute to landfills, add to greenhouse-gas emissions and clog recycling machinery.

Tempe and Flagstaff are considering whether to enact similar bans.

Rep. Warren Petersen, R-Gilbert, proposed legislation to block the cities, citing concerns that such regulations raise costs and create a regulatory nightmare for businesses. He introduced the bill as a "strike everything" amendment to SB 1241, which originally dealt with a health-care issue.

"I'm extremely concerned about economic freedom in this state," Petersen said. "For me, I support individual rights and people making their own decisions."

The amended bill received preliminary support in the state House of Representatives on Thursday, but hasn't been scheduled for a formal vote.

Several of the state's largest business groups support the measure, including the Arizona Retailers Association, Arizona Food Marketing Alliance and Arizona Multihousing Association. In particular, grocers said plastic bag laws create a patchwork of regulation that increases costs for stores and confuses customers.

Bisbee is the only Arizona city that has enacted a plastic-bag ban, though Tucson requires grocers to report how many bags are handed out and recycled.

Critics of the bill said it tramples on the rights of cities and towns to make decisions about environmental protections for their residents. They pointed out how plastic bags damage recycling equipment, costing the city of Phoenix about $1 million per year alone.

"The solution here is not to ban local control," said Rep. Ken Clark, D-Phoenix. "The solution is to encourage coordination."

Petersen lampooned arguments about interfering with decisions of cities, dubbing plastic bag ordinances "local out of control."

Although the bag issue garnered more attention, Petersen's initial focus with the bill was an energy-reporting rule Phoenix had considered. He said the proposal, known as "energy benchmarking" would have intrusively forced businesses to give up their information.

The city was considering a law that would have required owners of large commercial buildings to report their energy use through a federal program. Supporters say monitoring saves money and reduces waste by creating a database that allows businesses to compare the energy use of similarly-sized buildings and make changes to be more efficient.

Cities like New York, Chicago and Philadelphia have mandated it. But Phoenix's Chief Sustainability Officer, Mark Hartman, said the city backed off that proposal after business owners expressed their reluctance.

Phoenix withdrew its opposition to SB 1241 on Thursday, after the bill was amended with a clarification. However, the city's move drew jeers from some environmental advocates, who said the city will lose important tools to be more sustainable.

"Not disappointed, outraged," said Sandy Bahr, director of the Sierra Club's Grand Canyon Chapter. "It's not a fixable bill. It takes away the ability to implement energy-saving and waste reduction measures."