August 2020 Bag Law Map Update and Preemption in South Dakota

This is a personal blog by Jennie Romer, Esq., founder of PlasticBagLaws.org. Jennie is also a Legal Associate for the Surfrider Foundation’s Plastic Pollution Initiative.

PlasticBagLaws.org has updated our bag maps and fact sheet. Over 500 local plastic bag ordinances were adopted in 28 states, and 8 states have adopted statewide laws. Since our last update, Washington State adopted a statewide bag law. Now this list includes California, Connecticut, Delaware, Maine, New York, Oregon, Vermont, and Washington. 

PlasticBagLaws.org’s “Shades of Preemption” map illustrates existing preemption laws, states where preemption laws are pending, and states where preemption repeal laws have been introduced. 15 preemption laws are now in place, some of which only block plastic bag laws and some of which block all laws relating to auxiliary containers (bags, foam foodware, bottles, etc). The most recent state to adopt a preemption law was South Dakota in February 2020. Also, Pennsylvania extended its temporary preemption.

Statewide bag laws that fully align with Surfrider Foundation’s bag law toolkit recommendations (mandatory fee on all available checkout bags):

CALIFORNIA (adopted 2014, effective 2016)

  • Ban on plastic bags less than 2.25 mils 

  • Mandatory minimum 10-cent fee on all available carryout bags (paper, reusable, compostable plastic)

  • Applies to retailers, restaurants may be addressed locally

OREGON (adopted 2019, effective January 1, 2020)

  • Ban on plastic bags under 4.0 mils

  • Mandatory 5-cent fee on all available carryout bags (paper, reusable)

  • Applies to retailers and restaurants

MAINE (adopted 2019, effective April 22, 2020)

  • Ban on plastic bags under 4.0 mils

  • Mandatory 5-cent fee on all available carryout bags (paper, reusable)

  • Applies to retailers and restaurants

WASHINGTON (adopted 2020, effective January 1, 2021)

  • Bag on plastic bags under 2.25 mils, which increases to 4.0 mils after 4 years

  • Mandatory 8-cent fee on all available carryout bags (paper, reusable), which increases to a 12-cent fee after 4 years

  • Applies to retailers

Statewide bag laws that do not fully align with Surfrider Foundation’s policy recommendations (no mandatory fee on all available checkout bags):

NEW YORK (part of 2019 state budget, effective March 1, 2020)

  • Ban on all plastic carryout bags made from plastic film 

  • No mandatory fee component, municipalities may opt-in to 5-cent flat paper bag fee

  • Law applies to retailers, preempts restaurants from regulation

  • Read more about the issues with New York's bill here

VERMONT (adopted 2019, effective July 1, 2020)

  • Ban on plastic bags other than polypropylene bags with stitched handles

  • Mandatory 10-cent fee on paper bags, no fee mandated for reusable bags

  • Applies to retailers and restaurants

DELAWARE (adopted 2018, effective January 1, 2021)

  • Ban on plastic carryout bags less than 2.25 mils 

  • No mandatory fee component on paper bags or reusable bags

  • Law applies to large retailers

CONNECTICUT [at p. 532 of budget] (adopted 2019, fee effective August 1st 2019, ban effective July 21, 2021)

  • Mandatory minimum 10-cent fee on all film plastic bags (Aug 2019-Jul 2021)

  • Ban on plastic bags under 4.0 mils (Jul 2021)

  • No mandatory fee on paper or reusable carryout bags

HAWAII*

  • Hawaii does not have a statewide plastic bag law, but each county has a law in place

Surfrider Foundation and PlasticBagLaws.org remain partnered on tracking state preemption on Grassroots Change’s Preemption Watch map. Grassroots Change is an organization that promotes public health movements in local communities. Their state-by-state maps give activists an in-depth, real-time look at preemption issues across the nation.

A Message From Jennie Romer

PlasticBagLaws.org is not a nonprofit organization, it is an informational website founded by me, Jennie Romer, Esq., in 2010.

Jennie Romer