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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 Tue, Jan 30, 2024
Jason Long, Office of the Revisor of Statutes, gave an overview of the bill. He stated HB2446 would prohibit cities and counties from regulating the use of containers used for food, beverages and merchandise. The law would prohibit a city or county from adopting a law restricting, taxing, prohibiting or otherwise regulating such containers. (Attachment 1)
After a period of questions for the revisor, the Chairman called for proponent testimony.
Proponent Oral Testimony
Eric Stafford, Kansas Chamber, spoke as a proponent of the bill. He stated the bill was intended to be preemptive, but now we have cities in Kansas who have banned the use of plastic containers and bags. It puts businesses at a disadvantage because there is a patchwork of laws across the state. He said there was an article in the Wall Street Journal yesterday about a city in New Jersey which passed a law banning the use of plastic bags. Since the law was passed, the use of plastics have increased by three times, because the reusable bags contain more plastic. He concluded by saying that bans put a strain on businesses and consumers. (Attachment 2)
Brian Posler, Executive Director, Fuel True Independent Energy and Convenience, spoke as a proponent of the bill. He stated the city of Lawrence has recently passed an ordinance, and the city of Wichita is also considering a similar ordinance banning plastic bags. Fuel True has stores in many different communities and face the prospect of increasingly diverse sets of rules for each municipality. With some cities banning plastic, this would mean individual stores having to have specialized ordering and packaging, in a business where they buy bags by the bale, and containers by the pallet. They are asking for the consistency this bill would provide across the state for their retailers. (Attachment 3)
Scott Schneider, Kansas Restaurant and Hospitality Association, spoke as a proponent of the bill. He stated the restaurant industry has some of the lowest margin business models and these types of changes, such as banning plastic cups and bags, would have a meaningful impact on their bottom line. They lost 800 restaurants during Covid, and are still trying to recover. He said the businesses know their customers and can find the materials they prefer, rather than having the city dictate what they can or cannot use. (Attachment 4)
Dan Murray, National Federation of Independent Business, spoke as a proponent of the bill. He stated they represent 4000 business owners across the state that would be impacted by a ban on plastic bags and containers. He said people seeking these bans have their hearts in the right place, but having a patchwork of different regulations would be difficult for businesses with multiple locations to navigate. They would have to have separate vendors to get their supplies from, which would hurt their bottom line, since they would not be able to buy in bulk. (Attachment 5)
Proponent Written Only Testimony
Michael Austin, Legislative Director, Americans for Prosperity (Attachment 6)
Jason Watkins, Wichita Chamber of Commerce (Attachment 7)
Julie Landry, Vice President, Government Affairs, American Forest and Paper Association (Attachment 8)
Derek Hein, Executive Director, Kansas Beverage Association. (Attachment 9)
The Chairman called for neutral testimony.
Neutral Oral Testimony
Terry Humphrey, Kansas Pet Advocates, spoke as neutral on the bill. They are fine with the language of the bill currently, but object to the bill being expanded to prohibit the sale of consumer merchandise. (Attachment 10)
Neutral Written Only Testimony
Kari Rinker, American Heart Association (Attachment 11)
The Chairman called for opponent testimony.
Opponent Oral Testimony
Zack Pistora, Kansas Sierra Club, spoke as an opponent of the bill. He stated plastic debris lasts for hundreds if not thousands of years, and is also the least recycled. He said there are 12 states that have bans, but the core issue is why state lawmakers would support a bill to stop communities from doing something to help their environment. He said we need to respect the right of home rule and do something about the problem of plastic litter. (Attachment 12)
Spencer Duncan, The League of Kansas Municipalities, spoke as an opponent of the bill. He stated the bill is a reactionary response to a nonexistent problem, and how to regulate materials should be left up to cities. He said the bill contradicts the constitutional right of local self-governance by taking away their ability to determine what products fit with the city's priorities. (Attachment 13)
Jay Hall, Kansas Association of Counties, spoke as an opponent of the bill. He stated counties need to plan for solid waste, and this bill takes away a tool they could use to regulate solid waste. He also said the law preempts local control. (Attachment 14)
Rabbi Moti Rieber spoke as an opponent of the bill. He stated over 200 counties and municipalities in the United States have regulations on plastics, as do several countries. He said it's nearly impossible to have a conversation about environmental issues in the statehouse, so municipalities have to work through their local communities to impact change. (Attachment 15)
Tad Kramar, private citizen, spoke as an opponent of the bill. He stated the bill violates constitutional home rule, and each city and county should be able to exerciser their authority. He said eliminating bags would save money because stores would no longer need to supply them, and pass the cost onto the consumer. (Attachment 16)
Nancy Muma, private citizen, spoke as an opponent of the bill. She said there are dangers in the use of plastic, in that it breaks down over time into tiny particles and enters our bodies. She said many additives to the plastics are endocrine disruptors that alter our hormones and the development of reproductive systems. She also stated they cause heart disease and cancer, and passing bans on plastics could help solve this problem. (Attachment 17)
Opponent Written Only Testimony
Thomas Arnhold, private citizen (Attachment 18)
Clark Coan, private citizen (Attachment 19)
Allen Dinkel, City Manager, Junction City (Attachment 20)
Rev. Thad Holcombe, Lawrence Ecology Teams United in Sustainability (Attachment 21)
Charlie Hunt, Johnson County Department of Health and Environment (Attachment 22)
Jasmine Hyde, private citizen (Attachment 23)
Michael Koss, City of Overland Park (Attachment 24)
Margaret Kramar, private citizen (Attachment 25)
Lori Lawrence, private citizen (Attachment 26)
Melinda Lewis, private citizen (Attachment 27)
Stuart Little, representing the cities of Merriam, Mission, Prairie Village, Roeland Park and Westwood Hills (Attachment 28)
Ginny McBride, private citizen (Attachment 29)
Jesse Moore, private citizen (Attachment 30)
Craig Owens, City Manager, Lawrence (Attachment 31)
Martha Pint, League of Women Voters (Attachment 32)
Amanda Sanley, City of Topeka (Attachment 33)
Anthony Schmidt, private citizen (Attachment 34)
Melissa Stiehler, Loud Light Civic Action (Attachment 35)
Mike Taylor, Kansas County Commissioners Association (Attachment 36)
Teresa Wilke, private Citizen (Attachment 37)
Kimberly Williams, private citizen (Attachment 38)
Sidney Zavala, private citizen (Attachment 39)
After a period of questions and answers, the Chairman closed the hearing on HB2446.
The Chairman adjourned the meeting at 11:25 am.
