February 9, 2017

The Honorable Andrew M. Cuomo

Governor of New York State
NYS State Capitol Building
Albany, NY 12224

Dear Governor Cuomo,

Re: New Yorks Local Elected Officials Strongly Oppose A-4883/S-4158

We are local elected officials from over 40 municipalities and counties across New York State who are
passionate about creating cleaner, more sustainable communities. Now more than ever, as our hard-fought
federal climate protections are threatened, the fate of our environment rests with state and local
policymakers. We are therefore writing to urge you to veto legislation (A-4883/S-4158) that would
prohibit New Yorks local jurisdictions from advancing effective policies for reducing
environmentally harmful plastic and single-use bag waste.

Every year, communities in New York State send tens of billions of plastic bags to landfills, and
spend many millions of dollars doing so. Even when properly disposed, plastic bags blow away into our
streets and waterways, where they block storm drains, become eyesores and endanger wildlife.

Cities, counties, and towns throughout the U.S. (and elsewhere in the world), as well as the State of
California, have effectively addressed this problem with a per-bag charge (generally 5 or 10 cents) on all
single-use carryout bags (in some places, combined with outright bans on plastic bags). These small
charges on bags lead the vast majority of people to bring their own bags (the goal is not to have anyone
pay the fee, but instead to provide an incentive and reminder for people to bring their own). These
policies have been proven to reduce consumption of plastic bags by 60% - 90%.

The New York State Constitution grants local governments protection from special laws that single
out particular jurisdictions. A-4883/S-4158 does just thatunnecessarily and inappropriately
threatening the New York City Councils home rule authority. This overreach also sets a dangerous
precedent for towns, cities and counties around the state in pursuit of the strategy which has proven
effective in over 100 other cities (from Washington DC to Los Angeles), states (e.g. California), and in
many countries around the world.

The proposed state legislation also unnecessarily prevents experimentation at the local level, the most
effective way to gather information to inform statewide policy decisions. We would welcome pro-active,
statewide legislation that would help solve the plastic bag problem. However, in the absence of a
statewide solution, legislation that would prevent localities from voting democratically to adopt
solutions of their own would be a large step backward for the environment (which is why
EPL/Environmental Advocates has labeled it three smokestacks legislation, their worst rating).

When fees go into effect, people across lines of race, income and neighborhoods start bringing
reusable bags most of the time.
 Washington DCs 5-cent fee has led over 80% of residents across all communities to begin
bringing their own bags, and reduced bag waste by over 60%. Furthermore, 80% of people said
that they either liked or didnt mind the small charge after it was implemented.
San Jose reduced plastic bag litter by 89% in the storm drain system, 60% in the creeks and
rivers, and 59% in city streets and neighborhoods. The average number of single-use bags
decreased there from 3 bags to 0.3 bags per visit.

Prohibiting localities from adopting per-bag charges would limit policy solutions to ones that are more
politically difficult to pass, are more vulnerable to lawsuit, and which do less to reduce overall waste.

It is not economically feasible to recycle our plastic bags. The price of making new plastic from
petroleum is cheaper than the price of recycling plastic bags, which means theres no market for
buying the product from recycling facilities. Without a market, even the bags successfully
brought back to retail stores end up in landfills.
Banning plastic bags without a complementary charge on paper bags actually leads to more solid
waste. Without a charge, most consumers switch to paper bags, which unfortunately are mostly
not recycled, and which are heavier and takes up more space in landfills. As a result,
municipalities would be forced to spend even more money than they currently do sending single-
use bags to landfills.
Banning plastic bags without a charge on paper bags would also cause already-stretched grocery
stores and small businesses to lose millions of dollars, because paper bags are 2 or 3 times more
expensive than plastic ones. This unfairly puts the burden on our small businesses, and in many
cases has led retailers and their trade associations to bring lawsuits against ban policies that have
dragged out for years and prevented effective policy from going into effect.

Single-use/plastic bag laws have been passed in over a dozen jurisdictions across New York State,
with plans to introduce and pass legislation in many more.

East Hampton Town - The Town Board
adopted a plastic bag ban on December 18,
2014. Effective September 22, 2015.
East Hampton Village - In August 2011, the
East Hampton Village Board approved a plastic
bag ban. Effective February 2012.
Hastings-on-Hudson - A plastic bag and
polystyrene ban were adopted in June of 2014.
Effective 2015.
Larchmont - The Village banned plastic bags in
March of 2013. Effective October 1, 2013.
New Castle - In June 2016, the Town banned
the distribution of single-use plastic bags in
large retail stores, grocery stores, pharmacies
and convenience stores, with a charge on paper
bags. Effective January 1, 2017.
New Paltz Village - The Village Board passed a
plastic bag ban in November 2014. Effective
April 2015.
New York City - On May 5, 2016, the New
York City council mandated a 5 cent fee on both
paper and plastic carryout bags throughout the
city. Effective February 15, 2017.

Long Beach - The City of Long Beach adopted Patchogue Village - A single-use plastic bag
a 5 cent fee on plastic carryout bags. Effective ban was approved in June 2015. Effective
Earth Day, 2017. September 2016.

Mamaroneck Village - In mid July 2012, the Southampton Town - The Town Board adopted
Mamaroneck Board of Trustees approved a a plastic bag ban on December 18, 2014.
plastic bag ban. Effective in six months. Effective April 22, 2015
Southampton Village - In April 2011, the
Southampton Village Board unanimously
approved a ban on non-biodegradable bags for
retailers, supermarkets and restaurants. Effective
November 6, 2011.
Suffolk County - In September 2016, the
Suffolk County Legislature passed a bill
requiring a minimum 5 cent charge on plastic
carryout bags in all retail establishments.
Effective January 1, 2018.

In each of these places, local elected officials voted democratically to adopt their policies. Good
environmental policy, and good public policy in general, requires this kind of innovation and
experimentation at the local level. These approaches can provide valuable information on each laws
strengths and weaknesses, advancing the pursuit for more effective, efficient and data-driven policy
solutions. Prohibiting localities from adopting per-bag charges would not just hamper good local policy,
but would limit the States ability to learn from these experiments and implement effective policy down
the road.

We strongly urge you to oppose any legislation that would roll back progress to protect the
environment and address climate change. Instead, we ask that you work with us, to see how these
different types of local legislation work, so that together we can ultimately adopt a strong statewide
policy, that would place New York State in the forefront of sustainability in managing plastic bag waste.

Thank you very much for your consideration.

Sincerely,

Leah Golby Douglas Ostrander

City Council Member, Albany Town Councilperson, Town of Cairo

Dominick Calsolaro Irene Weiser

Common Council Member, Albany Council Member, Town of Caroline

Judd Krasher Brian Pugh

City Council Member, Albany Trustee, Village of Croton

Douglas A. Bullock James Dean

Legislator, Albany County Trustee, Cooperstown

William Reinhardt Lou Allstadt

Legislator, Albany County Trustee, Cooperstown

Bonnie Bennett Brendan Coyne

Mayor, Aurora Mayor, Cornwall-on-Hudson

Alan Ominsky Sam Young

Trustee, Aurora Town Councilor, DeWitt

Dawn Jordan Ed Michalenko

Council Member, Berne Town Supervisor, DeWitt

Victoria Xlander Kerin J. Rigney

Town Board Member, Town of Binghamton Town Councilor, DeWitt

Valerie M. Cartright Kari Rieser

Councilwoman, Brookhaven Legislator, Dutchess County
Mark C. Poloncarz, Esq. Antonio Reynoso
Executive, Erie County Council Council Member, New York City

Peter Swiderski Donovan Richards

Mayor, Hastings-on-Hudson Council Council Member, New York City

Tiffany Hamilton Karen Mejia

Mayor, City of Hudson Council Member, City of Newburgh

Cynthia Brock Patricia Jacob

City Alderperson, City of Ithaca Town Board Member, Oneanta

James Goldstein Thomas Hohensee

Town Supervisor, Town of Lebanon Town Board Member, Town of Otsego

Peter Parsons Chad Davis

Town Supervisor, Lewisboro Legislator, Oneida County

Anthony Eramo Gary Koutnik

City Council Vice President, Long Beach County Representative, Otsego County

Tim Sweeney Tom Wood

Town Board Member, Marbletown Town Councilor, Plattsburgh

Douglas Adams Joseph Keyes

Town Board Member, Marbletown Commissioner, Parks & Recreation
Commissioner, Waterfront Development
Joe Borzumato Village of Patchogue
Town Board Member, Marbletown
Carl Chipman
Michael Warren Supervisor, Town of Rochester
Town Board Chair & Supervisor, Marbletown
Molly Clifford
Heather Moody Council Member, City of Rochester
Town Clerk, Marbletown
Jen Metzger
Charles Ripley Council Member, Rosendale
Town Supervisor, Moravia
Emily Hurd,
Robert Eklund Council Member, Rye
Councilman, New Lisbon
Sue Sauvegeau
Roger Bradstreet Director, Weights and Measures, Seneca County
Supervisor, Town of Nelson
C. Peter Cordes
Gale A. Brewer Council Member, Sidney
Manhattan Borough President, New York City
Patricia Body
Brad S. Lander Commissioner of Education, City of Syracuse
Council Council Member, New York City
Carol Chock
Margaret Chin Legislator, Tompkins County
Council Council Member, New York City
Dooley Kiefer Mary Jane Shimsky
Legislator, Tompkins County Legislator, Westchester County

Tracey A. Bartels Michael Sabatino

County Legislator, Ulster City Council Member, Yonkers