Guess our Kansas legislators like those plastic bags fluttering from our trees and fence lines. Senate Bill 493 bans local governments from regulating, in any way, plastic sacks and similar single-use containers stores give us to take our stuff home. This comes just as residents of Wichita and Lawrence are seeking ways of coping with these all-too-familiar eyesores on our landscape.
This despite a survey conducted in Wichita by the KU School of Medicine showing overwhelming public support for their city to phase out single-use plastic bags.
Why would Kansas legislators who profess governing at the level closest to citizens and who loudly object to federal mandates on Kansas be banning local government from acting on something as simple as plastic bags?
It’s the usual special interest scenario. The Kansas Chamber of Commerce, shocked that Wichita, Lawrence and other cities might possibly inconvenience business, asked the Legislature to stop local government from acting.
Two major problems with this scenario. First, Article 12 of the Kansas Constitution plainly states that the Kansas Legislature should not preempt local government authority unless there’s some overriding necessity for statewide uniformity. It’s laughable to claim that business needs statewide uniformity on plastic bags when they easily comply with differing local sales taxes and routinely adjust advertising, promotions and products to local markets.
Second, preventing cities from finding cost effective solutions to plastics pollution imposes an “unfunded mandate” by the State on local government. Wichita spends over $100,000 annually to pull such plastics out of its sewage treatment system. No doubt other cities incur similar costs ultimately paid by residents through taxes that could be spent on providing better services. The American Chemistry Council reports that 36 million tons of plastics are manufactured annually in the United States while the EPA reports only 3 million tons (about 9%) were recycled. What doesn’t end up as trash on our landscape is landfilled, which is about 12% of total stuff put in landfills, many of which are nearing capacity with no clear alternatives of where to take trash next. Local government should be allowed to partner with citizens, business and recyclers to solve this problem.
Worse yet, researchers report these bags consist of toxic materials and dyes that never truly decompose into harmless substances. Instead, they physically break down (from sunlight and wind) into toxic microscopic particles. Microplastics have literally become part of the dust we breathe every day, now spread throughout our environment and entering our bodies through air, water and food. Although researchers know the chemicals in these tiny particles are toxic, they are still working to determine the extent of the threat. What is proven is that almost every human on this planet now contains toxic “microplastics.” Stunningly, a study of full-term human placentas in 2021 published in the journal “Environment International” revealed, “Microplastics were found in all placental portions: maternal, fetal and amniochorial membranes. Microplastics carry with them substances which acting as endocrine disruptors could cause long-term effects on human health.” Maybe this is one of the causes of increased disease in our newborns.
Governor Kelly can veto SB 493 to support our Constitution and prevent “unfunded mandates” on local government. Encourage her veto by contacting her office at governor.kansas.gov/contact or 785-296-3232. It’s time to tell Kansas legislators to stop protecting plastic bags like they’re “endangered species,” especially when the health of our babies is at risk, even where they should be safest, inside their mothers. For our area, tell Senator Alicia Straub (Alicia.Straub@senate.ks.gov or 785-296-7682) and Representative Tatum Lee-Hahn (Tatum.Lee@house.ks.gov or785-296-7396) to support the Governor’s veto.
Felix Revello
Larned
