Bill keeps cities from banning, taxing some plastic items

A bill moving through the Legislature would prohibit cities and towns from banning or taxing certain containers, including plastic bags. Senate Bill 1001, by Sen. James Leewright, R-Bristow, passed the Senate last week by a vote of 35-9. It heads to the House for consideration. It applies to bags, cups, packages, containers, and bottles that are made of cloth, paper, plastic, cardboard, aluminum and glass. It applies to containers used for consumption, transportation and protection of merchandise, food and beverages. Leewright said the measure is needed for uniformity of commerce across the state. Leewright said the measure would not impact recycling programs. It comes at a time when the Norman City Council is contemplating a 5-cent fee on single-use plastic and paper bags, said Breea Clark, a city council member who will become mayor in July. Under the proposal, 2 cents would remain with the business to cover the cost of signage, training and administrative fees. The remaining 3 cents would go to the city's general fund and be earmarked for recycling initiatives and education, she said. Consumers who don't want to pay the fee can bring their own containers, she said. "I think it is a gross example of government overreach on an issue that is clearly an issue of local control," she said of the measure. Mike Fina, executive director of the Oklahoma Municipal League, said no cities in the state are looking at banning plastic bags, but the Legislature is prepared to pass a preemption bill that deteriorates local control. He called it "another unnecessary law." He said plastic bags don't recycle in the recycling machines and can "gum up" the process. A lot of cities in Oklahoma will not take plastic bags for recycling purposes, he said. Sen. Kevin Matthews, D-Tulsa, voted against the measure. He said he didn't understand why the state was passing a law that prohibited communities from doing things to protect the environment. Mike Thornbrugh is manager of public and government affairs for QuikTrip, which has 78 stores in Oklahoma and 793 nationwide. He said retailers that operate in as many governmental jurisdictions as QuikTrip want uniformity. "Cities and counties are coming up with their own rules and regulations and own form of taxation," he said. "It is really difficult to run a business that way." Adam Marshall is cofounder and vice president of Marshall Brewing, a craft brewery in Tulsa. He is also vice president of the Craft Brewers Association of Oklahoma. "Any kind of tax or prohibition on the containers used is better off determined at the state level rather than the local level," he said.