Res 1373-2020

By Council Members Gjonaj and Yeger Whereas, the New York State Bag Waste Reduction Act was due to go into effect March 1, 2020, and would have prohibited the distribution of nearly all plastic, carry-out bags; and Whereas, Instead of giving out plastic bags, customers would be required to either purchase a paper bag, in those jurisdictions implementing such a fee, or bring their own bags to use; and Whereas, Prior to the role-out of the law, a number of business owners sued the State, claiming that they were not sufficiently prepared to abide by the law by the enforcement date; and Whereas, The judgement, in their favor, delayed the enforcement until mid-April; and Whereas, Due to the global outbreak of the SARS-CoV-2 virus, which is responsible for causing the new infectious disease known as COVID-19, the enforcement date for the State's plastic bag ban been pushed back even further; and Whereas, The enforcement date has recently been extended until June 15, 2020; and Whereas, The COVID-19 pandemic has disrupted all facets of normal life and small businesses, in particular, are struggling with the effects; and Whereas, The Governor's New York State on PAUSE executive order has forced many businesses in New York City to close; and Whereas, Those that are able to be open still must adhere to strict social distancing rules; and Whereas, This has meant that many businesses have seen a severe drop in customers and profit; and Whereas, During this stage of the pandemic, the plastic bag ban would represent another layer of well-intentioned yet burdensome regulation for businesses to implement; and Whereas, Additionally, there are serious concerns regarding the transmission of the SARS-CoV-2 virus that could occur on the reusable bags that consumers are encourage to shop with; and Whereas, According to a study by the University of Arizona, because people rarely wash their reusable bags, multiple forms of both harmful and benign bacteria are often found in these bags; and Whereas, Additional research shows that, when not properly washed, reusable bags are also able to transfer viruses, making them a risk for both shoppers and employees; and Whereas, According NYU Professor Marion Nestle, "[t]he single greatest risk factor for COVID-19 is getting within breathing distance of someone who is carrying the virus. The next greatest is touching a surface they've touched recently"; and Whereas, Checkout clerks inevitably touch customers' reusable bags when packing groceries; and Whereas, Even when they do not, customers will touch their bags and then touch the point of sale machine or hand over cash to pay, thereby creating another point at which the virus can spread; and Whereas, As governments across the world try to minimize the spread of the virus, it seems prudent to further extend the bans on single-use plastic bags; and Whereas, In fact, legislators in places such as Maine, New Hampshire, Oregon and even San Francisco have either delayed their bans on plastic bags, or have issued rules to prohibit people from bringing their own bags to stores to use, while the COVID-19 pandemic persists; now, therefore, be it Resolved, That the Council of the City of New York calls on New York State to delay implementation of the plastic bag ban during the COVID-19 epidemic, with enforcement beginning December 31, 2022. LS #14644 5/20/2020 LMS