Colorado Politics

Senate approves ban on single-use plastics and polystyrene on party-line vote

UPDATE: Senate Democrats Tuesday gave preliminary approval to a bill that would ban single-use plastics and polystyrene food containers in Colorado. House Bill 1162 won final approval on Wednesday on a 20-14 party-line vote.

But the has seen some pretty significant changes since it rolled into the Senate on May 10. That will require it to go back to the House for their take on those amendments.

As introduced, the bill would allow local governments to enact stricter decisions plastics bans, striking what’s known as pre-emption. That’s been a sticking point on the issue for the past two sessions, and one that drew strong objections from cities and towns represented by the Colorado Municipal League.

The House amended the bill to take out the language on pre-emption, but the Senate State, Veterans and Military Affairs Committee put it back in, which would allow local governments to enact stricter bans. 

The committee also pushed out the implementation date by three years, to 2024.

That didn’t stop Senate Republicans from trying to change it further. Sen. Kevin Priola, R-Henderson, explained that liquor stores sell some beverages in small (less than 75 ml, or just over 2 ounces) containers. His amendment would have banned those containers as a way of dealing with alcohol addiction issues, but sponsor Sen. Julie Gonzales, D-Denver, asked the Senate to reject it since she had not seen it prior to Tuesday.

Small stores — those with fewer than three locations — also are now exempted from the bill, under an amendment offered by Senate President Leroy Garcia of Pueblo. 

“This bill is virtue signaling with a heavy cost to all of Colorado, especially those with low wages,” said Sen. Rob Woodward, R-Loveland. Eliminating plastic bags will raise sanitary considerations, given that one study he cited said people don’t clean the reusable bags that would be sold to consumers under the bill. A ban could also force people to buy more plastic bags for garbage, given that they won’t be able to use the single-use bags for trash, he said.

Woodward offered seven amendments during Tuesday’s debate, including one requiring the state Department of Public Health and Environment to conduct studies on the bacteria and pathogens transmitted by reusable bags and their associated health risks, but that didn’t fly with Senate Democrats.

“Welcome to the working class,” Gonzales said Tuesday.

Clarification: to more accurately describe preemption.

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