From Ballotpedia | California Proposition 67 | |
|---|---|
| Election date November 8, 2016 | |
| Topic Business regulation and Environment | |
| Status | |
| Type Referendum | Origin Citizens |
| A "yes" vote supported upholding the contested legislation banning certain plastic bags that was enacted by the California State Legislature as Senate Bill 270. |
| A "no" vote opposed banning certain plastic bags and enacting Senate Bill 270. |
The American Progressive Bag Alliance, an opponent of the measure, led the "No" campaign to repeal SB 270.[1] Yes on 67, a coalition of environmental groups, grocers, and others, led the "Yes" campaign to uphold SB 270.
| Proposition 67 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 7,228,900 | 53.27% | |||
| No | 6,340,322 | 46.73% | ||
California became the first state to ban the sale of plastic single-use bags. In 2015, Hawaii entered into a de facto ban on non-biodegradable bags because all of its counties banned the bags. Washington, D.C., prohibited non-recyclable plastic carryout bags in 2009.[2]
In 2007, San Francisco became the first jurisdiction in California to ban single-use plastic bags. As of October 2016, 122 ordinances banning single-use plastic bags have been approved in the state, covering 151 county or local jurisdictions. Los Angeles, the largest city in California and second largest in the United States, banned single-use plastic bags and placed a 10-cent charge on paper bags.
Proposition 67 ratified Senate Bill 270. The measure was designed to prohibit large grocery stores and pharmacies from providing plastic single-use carryout bags and ban small grocery stores, convenience stores, and liquor stores from doing so the following year. It allowed single-use plastic bags for meat, bread, produce, bulk food, and perishable items. The measure required stores to charge 10 cents for recycled, compostable, and reusable grocery bags. Revenue from the charge was intended to cover the costs of non-plastic bags and educate consumers. Proposition 67 exempted consumers using a payment card or voucher issued by the California Special Supplemental Food Program from being charged for bags. The measure provided $2 million to state plastic bag manufacturers for the purpose of helping them retain jobs and transition to making thicker, multi-use, recycled plastic bags.[3][4]
The American Progressive Bag Alliance, the group that led the veto campaign, raised nearly twice as much as Yes on 67. Supporters raised $3.69 million, while opponents received $6.15 million. Most of the opposition’s funds came from plastic bag companies. A poll from mid-October 2016 indicated that around 45 percent of residents supported the bag ban prior to the election. Gov. Brown (D) and the California Democratic Party supported Proposition 67.
The long-form ballot summary was as follows:[5]
| “ |
A 'Yes' vote approves, and a 'No' vote rejects, a statute that:
|
” |
The shorter ballot label summary was as follows:[5]
| “ |
A 'Yes' vote approves, and a 'No' vote rejects, a statute that prohibits grocery and other stores from providing customers single-use plastic or paper carryout bags but permits sale of recycled paper bags and reusable bags. Fiscal Impact: Relatively small fiscal effects on state and local governments, including a minor increase in state administrative costs and possible minor local government savings from reduced litter and waste management costs.[6] |
” |
The long-form, official ballot summary for Proposition 67 was changed from the initial summary provided to initiative proponents for the purpose of circulating the initiative for signature collection. The original summary provided for inclusion on signature petition sheets was:[7]
| “ |
If signed by the required number of registered voters and timely filed with the Secretary of State, this petition will place on the statewide ballot a challenge to a state law previously approved by the Legislature and the Governor. The challenged law must then be approved by a majority of voters at the next statewide election to go into effect. The law prohibits grocery and certain other retail stores from providing single-use bags but permits sale of recycled paper bags and reusable bags.[6] |
” |
The fiscal impact statement for this initiative was:[5]
| “ | Relatively small fiscal effects on state and local governments. Minor increase of less than a million dollars annually for state administrative costs, offset by fees. Possible minor savings to local governments from reduced litter and waste management costs.[6] | ” |
The full text of the initiative measure is available here.
Proposition 67 and Proposition 65 contained conflicting provisions regarding how revenue from the state-mandated sale of carryout bags would be distributed. Proposition 65 was defeated, however, while Proposition 67 was approved. Proposition 67 allocated revenue from the sales to the stores themselves, permitting them to use the revenue in three ways:[5]
Proposition 65 would have allocated the revenue into a new state fund, the Environmental Protection and Enhancement Fund, which could be expended to support drought mitigation, clean drinking water supplies, recycling, litter removal, wildlife habitat restoration, beach cleanup, and state, regional, and local parks. Stores would not have kept the revenue from a state-mandated sale of carryout bags.
As Proposition 67 passed and Proposition 65 was defeated, revenue from the state-mandated sale of carryout bags goes to stores to be used for covering costs and education.
If Proposition 67 was defeated and Proposition 65 approved, then there would have been no single-use bag ban. Furthermore, should California legislature a future bag ban, all revenue from that ban would have been allocated to an environmental fund.
If both propositions passed, but Proposition 67 by a larger margin, then revenue would have gone to stores.
If both propositions passed, but Proposition 65 by a larger margin, then a statewide single-use bag ban would have gone into effect and the revenue would have gone into an environmental fund. The Legislative Analyst's Office also noted that Proposition 65 might have prevented Proposition 67's bag ban depending on how court's interpret the propositions.
If both propositions were defeated, then there would have been no single-use bag ban, nor a requirement for how revenue be distributed in the case of a future bag ban.
In a joint hearing, the Senate Environmental Quality Committee and the Assembly Natural Resources Committee speculated that Proposition 65, if approved by a greater margin than Proposition 67, could have actually superseded the bag ban in its entirety, rather than just the revenue allocation provision. The reason for speculation was due to Section 6(a) of Proposition 65, which read, "In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void." The committees surmised:[8]
| “ | Although Mr. Johnson and [American Progressive Bag Alliance] both express their preferences that carryout bag charges go towards environmental purposes and not to stores, proposed §6(a) seems inconsistent with such intent. If §6(a) is valid, causing the initiative to prevail in its entirety, then SB 270 is repealed and the state bag ban on single-use carryout bags and mandated bag fee will no longer exist, even if voters pass the referendum. Such an outcome creates a significant loss in funding for the initiative’s proposed Act and EPEF, and potentially for both the initiative and the referendum, is §6(a) another strategy to repeal SB 270?[6] | ” |
The joint hearing concluded that the judicial system would have needed to sort out "how to combine the two measures," if at all, if both were approved.
The American Progressive Bag Alliance (APBA), which funded the petition drive to place Proposition 67 on the ballot, was also behind Proposition 65.
Supporters of the plastic bag ban, including a number of newspapers, argued that the alliance was backing Proposition 65 in an attempt to turn stores against the bag ban.[9][10]
Pam Villarreal of the free-market think tank National Center for Policy Analysis disagreed, contending, "The debate over California's statewide plastic bag ban has shaped up to be a battle over the involuntary transfer of wealth from customers' wallets to big grocers. Ultimately California voters will decide what they do with their money and how it should be spent."[11] Likewise, Lee Califf, executive director of APBA, said, "The APBA opposes bag bans, taxes and charges… And while we are confident California voters will reject the statewide bag ban scam at the ballot in 2016, we know that 84% of people believe that bag charges in general should go to a public purpose, instead of increasing profit margins for grocers. So we want to make sure votes have the power to actually put bag charges to work for the environment and their communities, should SB 270 become law."[8]
Grocers backing the bag ban claimed the initiative would not be a source of profits, as revenue must be spent on covering costs and education. For example, the Sacramento Natural Foods Co-op noted paper bags cost "14 to 15 cents each. It’s inaccurate to suggest it’s a revenue stream when it is still a major expense."[12]
In 2007, San Francisco became the first jurisdiction in California to ban single-use plastic bags. As of September 2016, 122 ordinances banning single-use plastic bags had been approved in the state, covering 151 county or local jurisdictions. Los Angeles, the largest city in California and second largest in the United States, banned single-use plastic bags and placed a 10-cent charge on paper bags. The city's ordinance went into effect on January 1, 2014, for large businesses and on July 1, 2014, for small businesses.[13]
There were referendum attempts to overturn local single-use plastic bag bans in Walnut Creek, Huntington Creek, and Campbell, California. All were unsuccessful in their signature drives.[14] In January 2015, however, Huntington Beach's city council voted to repeal the city's bag ban. Councilman Mike Posey, who proposed the repeal, said repealing the ban was about "personal freedom and personal responsibility."[15]
Yes on 67 - Protect California's Plastic Bag Ban led the campaign in support of the statute.[16]
Supporters of the plastic bag ban argued that the campaign fighting the ban was funded by out-of-state plastic companies who aren’t invested in protecting California’s environment. They said the ban would help protect the environment without hurting low-income consumers or decreasing job creation.
| A song promoting Proposition 67 posted by the Northern California Recycling Association. |
The following county governments supported Proposition 67:[17]
The following city governments supported Proposition 67:[17]
Some of the prominent organizations supporting Proposition 67 included the California Fish & Game Commission, California League of Conservation Voters, California State Association of Counties, CalPIRG, League of Women Voters of California, NAACP California Conference, Natural Resources Defense Council, The Nature Conservancy, Our Revolution, Sierra Club California, Trout Unlimited, and The Trust for Public Land.[17] A full list of organizations supporting the initiative was as follows:
|
| The Monterey Bay Aquarium's advertisement in support of Proposition 67. |
Supporters made the following arguments in support of Proposition 67:[5]
The following argument in support of Proposition 67 was provided in the official voters guide:[5]
YES on 67 to REDUCE LITTER, PROTECT OUR OCEAN and WILDLIFE, and REDUCE CLEAN-UP COSTS. Single-use plastic shopping bags create some of the most visible litter that blows into our parks, trees and neighborhoods, and washes into our rivers, lakes and ocean. A YES vote will help keep discarded plastic bags out of our mountains, valleys, beaches and communities, and keep them beautiful. The law also will save our state and local communities tens of millions of dollars in litter clean-up costs. PLASTIC BAGS ARE A DEADLY THREAT TO WILDLIFE. "Plastic bags harm wildlife every day. Sea turtles, sea otters, seals, fish and birds are tangled by plastic bags; some mistake bags for food, fill their stomachs with plastics and die of starvation. YES on 67 is a common-sense solution to reduce plastic in our ocean, lakes and streams, and protect wildlife." YES on 67 CONTINUES CALIFORNIA'S SUCCESS IN PHASING OUT PLASTIC BAGS A YES vote will keep in place a law passed by the Legislature and signed by the Governor that will stop the distribution of wasteful single-use plastic shopping bags. This law has strong support from organizations that are committed to protecting the ocean, wildlife, consumers, and small businesses. It will be fully implemented statewide once voters approve Prop 67. Many local communities are already phasing out plastic bags. in fact, nearly 150 local cities and counties have banned single-use plastic bags. These laws have already been a success; some communities have seen a nearly 90 percent reduction in single-use bags, as well as strong support from consumers. OUT-OF-STATE PLASTIC BAG COMPANIES ARE OPPOSING CALIFORNIA'S PROGRESS Opposition to this law is funded by four large out-of-state state plastic bag companies. They don't want California to take leadership on plastic bag waste, and are trying to defeat this measure to protect their profits. Don't believe their false claims. We should give California's plastic bag law a chance to work, especially with so much success already at the local level. YES on 67 to PROTECT CALIFORNIA'S PLASTIC BAG LITTER REDUCTION LAW. |
The campaign attempting to overturn the measure through a "no" vote was led by the American Progressive Bag Alliance.[1]
Jon Berrier, a spokesperson for the American Progressive Bag Alliance, summarized the organization's arguments against the bag ban, saying, "The [plastic bag] industry obviously is opposed to this particular piece of legislation because it seeks to ban a 100 percent recyclable product and also put fees on consumers for other bag alternatives. It’s all orchestrated as a cash grab by members of the California Grocers Association to scam California consumers out of billions of dollars in bag fees, none of which goes to a public purpose."[34]
| An American Progressive Bag Alliance advertisement, titled "Say No to the Sacramento Scam" |
The following businesses donated to the campaign against the plastic bag ban:[37]
Other businesses which voiced opposition to the bag ban, but did not donate to the campaign, included:
Opponents made the following arguments against Proposition 67:[5]
The following argument in opposition to Proposition 67 was provided in the official voters guide:[5]
DON'T BE FOOLED BY PROP 67.
It is a $300 million per year HIDDEN TAX INCREASE on California consumers who will be forced to pay a minimum 10 cents for every paper and thick plastic grocery bag they are given at the checkout. And not one penny goes to the environment. Instead, the Legislature gave all $300 million in new tax revenue to grocers as extra profit. Stop the sweetheart special interest deal... VOTE NO ON PROP 67. STOP THE BAG TAX Prop 67 bans the use of plastic retail bags and REQUIRES grocers to charge and keep a minimum 10 cent tax on every paper or thicker plastic reusable bag provided at checkout. Consumers will pay $300 million more every year just to use shopping bags grocery stores used to provide for free. TAX REVENUE GOES TO GROCERS, SPECIAL INTERESTS Proposition 67 will grow profits for grocery stores by up to $300 million a year. Big grocery store chains get to keep all of the tax revenue. Grocers will grow $300 million richer on the backs of consumers. NOT ONE PENNY OF THE BAG TAX GOES TO HELP THE ENVIRONMENT The Legislature could have dedicated the new tax revenue to protect the environment, but it did not. Instead, it REQUIRED grocery stores to keep the new bag tax revenue. STOP THE SPECIAL INTEREST BAG TAX DEAL Prop 67 is a deal cooked up by special interest lobbyists in Sacramento to grow profits for grocery stores. The Legislature passed SB 270 and hidden in the fine print is a NEW BAG TAX on consumers a minimum 10 cents on every paper and thick plastic reusable bag provided to shoppers — all dedicated to grocer profits. STOP THE SWEETHEART DEAL AND HIDDEN BAG TAX VOTE NO ON PROP 67. |
| Total campaign contributions: | |
| Support: | $3,690,669.10 |
| Opposition: | $6,146,383.26[39] |
As of February 1, 2017, the majority of the $6.15 million in contributions for the opposition campaign for Proposition 67 came from out-of-state committees, while the majority of the support campaign's $3.69 million in contributions came from committees that were in California.
Six ballot measure campaign committees registered in support of Proposition 67 as of February 1, 2017. The contributions and expenditures totals below were current as of February 1, 2017.[40][41]
| Committee | Amount raised | Amount spent |
|---|---|---|
| YES ON 67 - PROTECT THE PLASTIC BAG BAN, SPONSORED BY ENVIRONMENTAL AND OCEAN PROTECTION ORGANIZATIONS, BUSINESSES INCLUDING GROCERS AND REUSABLE BAG MAKERS, AND OTHER NONPROFIT ORGANIZATIONS For more details click here | $1,039,598.51 | $1,093,115.33 |
| SAVE THE BAG BAN, YES ON 67, SPONSORED BY ENVIRONMENT CALIFORNIA | $1,439,236.09 | $1,779,395.37 |
| YES ON 67 - CALIFORNIANS AGAINST WASTE - PROTECT THE PLASTIC BAN (NON-PROFIT 501 (C) (4)) | $85,120.52 | $85,120.52 |
| COMMITTEE TO PROTECT THE PLASTIC BAG BAN, SPONSORED BY THE CALIFORNIA GROCERS ASSOCIATION (NON-PROFIT 501(C) 6): NO ON PROPOSITION 67 | $419,850.00 | $445,665.14 |
| SAVE THE BAY ACTION FUND PAC - YES ON PROP 67 | $670,397.44 | $910,524.49 |
| SAVE THE BAY ACTION FUND COMMITTEE TO SUPPORT PROPOSITION 67 | $99,375.00 | $95,974.95 |
| Total | $3,690,669.10 | $4,346,887.34 |
The following were the top five donors who contributed to supporters as of February 1, 2017:[41]
| Donor | Amount |
|---|---|
| Albertsons Safeway | $150,000 |
| Julie Packard | $105,000 |
| California Grocers Association | $100,000 |
| Claire Perry | $100,000 |
| Ralphs/Food 4 Less | $80,000 |
One ballot measure campaign committee registered in opposition to the measure as of February 1, 2017. The committee was also registered to support Proposition 65, and received the following total contributions as of February 1, 2017. Thus, the campaign funds listed here were shared between the support campaign for Prop. 65 and the opposition campaign for Prop. 67. The expenditures listed were current as of February 1, 2017.[40][37]
| Committee | Amount raised | Amount spent |
|---|---|---|
| American Progressive Bag Alliance, A Project of the Society of the Plastics Industry (nonprofit 501(c)(6)), Yes on 65 and No on 67 For details click here | $6,146,383.26 | $6,323,413.75 |
| Total | $6,146,383.26 | $6,323,413.75 |
The following were the top five donors who contributed to the American Progressive Bag Alliance as of February 1, 2017:[37][42][43]
| Donor | Amount |
|---|---|
| Hilex Poly Co. LLC | $2,783,739.00 |
| Formosa Plastics Corporation U.S.A. | $1,148,442.00 |
| Superbag Corp. | $1,109,370.00 |
| Advance Polybag, Inc. | $946,833.00 |
| Durabag Co., Inc. | $50,000.00 |
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
| California Proposition 67 (2016) | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
| CALSPEAKS 10/7/2016 - 10/13/2016 | 45.0% | 39.0% | 16.0% | +/-7.0 | 622 | ||||||||||||||
| USC Dornsife/Los Angeles Times 10/22/2014 - 10/29/2014 | 59.0% | 34.0% | 7.0% | +/-2.9 | 1,537 | ||||||||||||||
| AVERAGES | 52% | 36.5% | 11.5% | +/-4.95 | 1,079.5 | ||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
| Voting on Business Regulation | |||||
|---|---|---|---|---|---|
| Ballot Measures | |||||
| By state | |||||
| By year | |||||
| Not on ballot | |||||
|
Supporters of the plastic bag ban filed a complaint with the California secretary of state's office on December 15, 2014. Led by California vs. Big Plastic, ban supporters contended that referendum proponents were misleading citizens in attempts to get them to sign their petitions. Examples of alleged misleading included telling citizens that signing a petition would support the ban or even create a nationwide ban, while in reality the petition would only give voters the opportunity to overturn the law. Others claimed they were told that the petition drive was to overturn the charge of 10 cents for grocery bags but not the entire law. About 50 people came forward claiming they were misled by signature collectors. Mark Murray of Californians Against Waste contended, "It's become clear that signature gatherers are saying and doing anything to trick voters into signing these petitions. Given the overwhelming strong support for the law, it's not surprising that this turkey of a referendum attempt is such a hard sell."[74] Lance Olson, an attorney for California vs. Big Plastic, said, "To ensure the integrity of the state referendum process is not tarnished by criminal behavior, we request an immediate investigation into these disturbing reports of voter fraud during circulation of the 'Referendum to Overturn Ban on Single-Use Plastic Bags' petition."
Cost of signature collection:
Sponsors of the measure hired National Petition Management, Inc. to collect signatures for the petition to qualify this measure for the ballot. A total of $2,911,945.89 was spent to collect the 504,760 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $5.77.
| Demographic data for California | ||
|---|---|---|
| California | U.S. | |
| Total population: | 38,993,940 | 316,515,021 |
| Land area (sq mi): | 155,779 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 61.8% | 73.6% |
| Black/African American: | 5.9% | 12.6% |
| Asian: | 13.7% | 5.1% |
| Native American: | 0.7% | 0.8% |
| Pacific Islander: | 0.4% | 0.2% |
| Two or more: | 4.5% | 3% |
| Hispanic/Latino: | 38.4% | 17.1% |
| Education | ||
| High school graduation rate: | 81.8% | 86.7% |
| College graduation rate: | 31.4% | 29.8% |
| Income | ||
| Median household income: | $61,818 | $53,889 |
| Persons below poverty level: | 18.2% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in California. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
California voted for the Democratic candidate in all five presidential elections between 2000 and 2016.
More California coverage on Ballotpedia
The link below is to the most recent stories in a Google news search for the terms California Proposition 67 Plastic Bag. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
| |||||||||||
State of California Sacramento (capital) | |
|---|---|
| Elections |
What's on my ballot? | Elections in 2021 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
Categories: [Ballot measure article with polls]
ZWI signed: