Rollback Proposed on Retail Bag Ordinance

A City Council proposal would repeal most of a city ordinance banning plastic single use retail carry-out bags and requiring charges for paper carry out bags.

Ald. Kristian Rosado (R-2) and Ald. Daniel Salerno (R-AL) are proposing to repeal most of the ordinance, or local law, that was approved in 2019. Their proposal would remove nearly all of the New Britain local ordinance and, instead, say that, “The City of New Britain hereby incorporates by reference Subsection 355 of Connecticut Public Act No. 19-117 and any subsequent amendments thereto as if fully stated herein,” a state law concerning plastic bags.

Their proposal was criticized by Ald. Aram Ayalon (D-3). Ayalon noted that the New Britain ordinance was approved unanimously, though it had been proposed by Democrats, who were the majority on the Council when it was approved.

“However, the Republicans, who now have the majority, are proposing to cancel this ordinance,” Ayalon said.

Ayalon explained the purpose of the ordinance, saying,

As you know we have a severe problem with plastic pollution which doesn’t disintegrate. It is estimated that each one of us consumes 5 grams of plastic everyday. There is a huge plastic soup island in the Pacific Ocean larger than the state of Texas.

“The irony,” Ayalon added, “is that by July 2021, plastic bags will be banned in the state of Connecticut anyway.”

Public Act 19-117, approved by the state legislature, provides that there is a ten cent per bag fee, statewide, for typical retail checkout plastic bags. That state law then bans on those plastic bags, starting July 1, 2021.

New Britain’s local ordinance goes further than the state law. It provides that stores, restaurants and other retailers be banned from providing plastic carry out bags, a provision that appears to currently be in effect.

Paper bags are still permitted under the local ordinance, but only under certain conditions, such as being made of recycled paper and being recyclable, themselves. They also have to have the words, “Reusable” and “Recyclable” printed on them, under the ordinance.

Retail establishments, under the ordinance, are also required to charge for the paper bags used to carry goods at retail. The ordinance requires retailers to charge ten cents per paper bag.

The state law on plastic bags cited in the Republicans’ proposal, Public Act 19-117, explicitly allows cities and towns to have local ordinances that go further than the state law, not just with plastic bags, but paper bags, too, saying,

Nothing in this section shall be construed to prohibit a municipality from enacting or enforcing an ordinance concerning single-use checkout bags made of plastic, provided such ordinance is as restrictive or more restrictive as the provisions of this section concerning the provision or selling of such bags to customers by stores. Nothing in this section shall be construed to prohibit a municipality from enacting or enforcing an ordinance concerning single-use checkout bags made of paper, including, but not limited to, enabling each store to charge a fee for any such bag distributed to a customer.

The ordinance proposal is on the agenda of the January 8, 2020 Council meeting. That meeting begins at 7:00pm in City Hall.

Proposals for city ordinances are typically referred to a Council committee at the full Council meeting when they are first introduced. The Council committee then holds a public hearing on the proposal on a later date and has the option to refer the proposal back to the full Council, again, to potentially be approved.