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Minutes for HB2446 - Committee on Federal and State Affairs
Short Title
Prohibiting cities and counties from regulating plastic and other containers designed for the consumption, transportation or protection of merchandise, food or beverages.
Minutes Content for Wed, Mar 15, 2023
Chairperson Carpenter opened the hearing on HB2446. The Revisor provided an overview of the bill (Attachment 1).
Chairperson Carpenter recognized Kevin Gregg as a proponent of HB2446 (Attachment 2). He stated that his association supports HB2446 because it will provide a consistent rule across the whole state and avoid the patchwork of city and county bans.
The Chair recognized Zach Taylor who testified in support of HB2446 (Attachment 3). He stated that auxiliary containers are a class of products made from a variety of materials that consumers and businesses depend on everyday ranging from bottles to cups, lids, straws, grocery bags and other products. If this bill becomes law, Kansas would join 23 other states with uniformity provisions that protect consumers and businesses from the unintended consequences that the patchwork of local ordinances can unleash. Questions were asked by Representatives Humphries, Ruiz, Sanders, Highberger, Haswood, and Clayton.
Eric Stafford testified in support of HB2446 (Attachment 4). He urged the Committee to support this bill to protect Kansas businesses from overzealous governments who seek to restrict consumer behavior through ineffective and burdensome regulations.
Chairperson Carpenter recognized Dan Murray as a proponent of HB2446 (Attachment 5). He stated that many small businesses buy the products listed in the bill in large quantities to take advantage of economies of scale. Restricting their ability to purchase certain products drives up material costs which prevents small business owners from investing in capital improvements and increased employer wages and benefits. Having a patchwork regulatory framework throughout Kansas most certainly complicates regulatory compliance for small businesses. This bill provides the regulatory certainty that our small businesses want, need and deserve.
Scott Schneider testified as a proponent of HB2446 (Attachment 6). He stated that this bill is the appropriate tool for the Legislature to create uniformity across the state. Questions were asked by Representatives Highberger, Thomas, and Haskins.
The Chairperson recognized LarrieAnn Brown as a proponent of HB2446 (Attachment 7). She stated that this bill prohibits local jurisdictions from creating extended producer responsibility (EPR) laws; however, an amendment is in order to ensure that tax disguised as fees are not placed on auxiliary containers and to avoid a municipality from prohibiting glass containers altogether.
Chairperson Carpenter noted that there was written proponent testimony from Randy Stookey, Kansas Agribusiness Retailers Association (Attachment 8); Jason Watkins, Wichita Regional Chamber of Commerce (Attachment 9); Derek Hein, Kansas Beverage Association (Attachment 10); and Grover Norquist, Americans for Tax Reform (Attachment 11).
Chairperson Carpenter recognized Jay Hall as an opponent to HB2446 (Attachment 12). He stated that the Kansas Association of Counties has long supported legislation providing for local control, but this bill does the opposite. Rather than enhancing local control, HB2446 pre-empts local control by forbidding the regulation of plastic bags, containers and other single use items at the local level. It makes solid waste management more difficult. Questions were asked by Representatives Bergkamp, Miller, Haskins, Sanders, and Thomas.
Chairperson Carpenter called upon Spencer Duncan who testified in opposition to HB2446 (Attachment 13). He stated that HB2446 is reactionary legislation to a non-existent problem that ignores Constitutional Home Rule and the desire of Kansans to have local governments make these determinations. Aside from the Constitutional Home Rule violation, this bill is unnecessary, and he would urge the Committee to vote down this measure.
Chairperson Carpenter recognized Rabbi Moti Rieber as an opponent to HB2446 (Attachment 14). He stated that single use plastic is very energy intensive, both to produce and dispose of. It is very difficult to recycle and it is bad for the environment. His organization also opposes the bill on the principle of local control. Communities should be allowed to decide what's right for them. It is very difficult for the legislature to have any kind of conversation about environmental policy. Questions were asked by Representatives Howell and Highberger.
Ashley Beason testified in opposition to HB2446 (Attachment 15). She stated that her organization supports local governments' right to solve local problems locally. She believes this bill is a potential vehicle for broader pre-emption language, which could lead to far-reaching and unintended consequences. She urged the Committee to vote against this bill. Chairperson Carpenter had a question.
The Chair recognized Kathleen Harned as an opponent to HB2446 (Attachment 16). She stated that this bill violates the home rule provision of the Kansas Constitution Act. Local communities should have the right to determine what is good for their community and asked the Committee to vote against this bill.
Nancy Muma testified in opposition to the bill (Attachment 17). She is opposed to this bill because it prevents municipalities from regulating single-use plastics and goes against what most Kansans want. Single use plastic production contribute to the climate crisis by increasing C02 production and exposes us to toxic chemicals as tons of plastic waste accumulate. Questions and comments were made by Representatives Humphries and Clayton.
Chairperson Carpenter recognized Karin Pagel-Meiners as an opponent to HB2446 (Attachment 18). She stated that HB2446 obstructs local efforts to address a growing waste problem for cities and counties. It encourages wastefulness of resources, promotes climate change, and does nothing to abate plastics littering our beautiful Kansas landscapes and waterways.
Chairperson Carpenter noted that there was written only opposition testimony by Michael Almon, Sustainability Action Network (Attachment 19); Tom Arnhold (Attachment 20); Elizabeth Bishop (Attachment 21); Elizabeth Carson (Attachment 22); Deborah Gafvert (Attachment 23); Rev. Thad Holcombe, Lawrence Ecology Teams United in Sustainability (Attachment 24); Brandy Johnson, Kansas Organization of Recyclers (Attachment 25); Michael Koss, City of Overland Park, Kansas (Attachment 26); Margaret Kramar (Attachment 27); Tad Kramar (Attachment 28); Lori Lawrence (Attachment 29); Stuart Little, Cities of Mission, Merriam, Prairie Village, and Westwood Hills (Attachment 30); Joseph Madden (Attachment 31); Jesse Moore (Attachment 32); Kathy Richardson, City of Lawrence, Kansas (Attachment 33); Mike Taylor, Kansas County Commissioners Association (Attachment 34); Terry VanHorne (Attachment 35); Pennie and Kurt von Achen (Attachment 36); and Teresa Wilke (Attachment 37).
Chairperson Carpenter closed the hearing on HB2446.
Chairperson Carpenter stated that the Committee will work HB2412 and HB2438 tomorrow.
There being no further business, the meeting was adjourned at 10:25 a.m.
