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Minutes for SB47 - Committee on Commerce
Short Title
Prohibiting cities and counties from regulating consumer merchandise and auxiliary containers for the consumption, transportation or protection of consumer merchandise.
Minutes Content for Tue, Jan 31, 2023
Chair Erickson opened the hearing on SB 47.
Staff provided an overview of the bill.
Proponents:
Eric Stafford, Vice President of Government Affairs, The Kansas Chamber, spoke in favor of the bill. (Attachment 1) The bill is intended to provide Kansas businesses a clear and predictable framework by which to operate. One notable change in the bill from last year is the addition of a new language preventing cities and counties from regulating consumer merchandise.
Zachary Taylor, Director, American Recyclable Plastic Bag Alliance, appeared in support of the bill. (Attachment 2) The bill would establish statewide uniformity for auxiliary container regulation in Kansas.
Kevin Gregg, Executive Director, Fuel True Independent Energy & Convenience, spoke in favor of the bill. (Attachment 3) The bill would ban municipalities from enacting or enforcing ordinances that would ban plastic bags and other single-use products such as cups, straws and utensils.
Scott Schneider, Kansas Restaurant and Hospitality Association, (KRHA) appeared in favor of the bill. (Attachment 4) If the only way for businesses in the State of Kansas can have a predictable, scalable, and cost effective business model is to pass a state-level preemption, then KRHA supports that action.
Daniel Murray, Kansas State Director, National Federation of Independent Business, spoke in favor of the bill. (Attachment 5) The bill would prohibit municipalities from adopting or enforcing an ordinance, resolution or regulation that restricts, taxes, prohibits or otherwise regulates the use, disposition, or sale of auxiliary containers or consumer merchandise.
Larrie Ann Brown, on behalf of the Wine Institute, stated that the bill is the right direction as it prohibits local jurisdictions from creating such EPR program. (Attachment 9) Wine Institute has a couple of suggestions as to what local jurisdictions cannot do:
1.In Section 2 of the bill, line 30, after taxes," suggest adding the phrase, "places fees on". This will avoid any extra tax being placed on products by calling it a "fee."
2. In the same line, after "use," suggest adding the word "packaging". This avoids local jurisdictions placing any added cost or restriction on the type of packaging any product is shipped or wrapped in.
Written testimony in favor of the bill by:
Jason Watkins, on behalf of the Wichita Regional Chamber of Commerce (Attachment 6)
John Monroe, Governmental Affairs Consultant for the Kansas Beverage Association (KBA) (Attachment 7)
Randy Stookey, Senior Vice President of Government Affairs, Kansas Grain and Feed Association & Kansas Agribusiness Retailers Association (Attachment 8)
Opponents:
Zack Pistora, Legislative Director and State Lobbyist, Kansas Chapter of Sierra Club, appeared in opposition to the bill. (Attachment 10) Mr. Pistora asked the Committee to oppose the bill to respect home rule and democracy, and that the proponents and opponents could work toward an alternative, uniform state approach aimed at helping industry and Kansans tackle the plastic problem together.
Nancy Muma, PhD, Lawrence, Kansas, spoke in opposition to the bill. (Attachment 11) The bill prevents municipalities from regulating single-use plastic bags and goes against what most Kansas want.
Margaret Kramar, Self, Lecompton, Kansas, spoke in opposition to the bill. (Attachment 12) Ms. Kramar stated that if Kansans used their own reusable bags, brought their own contains to coffeehouses, businesses invested in a dishwasher for cutlery, glasses and dishes could be sterilized and reused over and over again and save money.
Jennifer Connelly, Self, Wichita, Kansas, appeared in opposition to the bill (Attachment 13) Ms. Connelly stated to let the communities decide for themselves how they want to regard plastic pollution and any other kind of pollution.
Jay Hall, Legislative Policy Director and General Counsel, Kansas Association of Counties,(KAC) appeared in opposition to the bill. (Attachment 14) KAC has long supported legislation provided for local control, the bill does the opposite. Rather than enhancing local control the bill pre-empts local control by forbidding the regulation of plastic bags, containers and other single use items at the local level.
Rev. Thad Holcombe, on behalf of Lawrence Ecology Teams United in Sustainability (LETUS) spoke in opposition to the bill. (Attachment 15) The citizens of Lawrence have spoken through their representatives on the City Commission to limit the use of plastic bags, and it is an overreach of the state to then decide that these citizens have been mistaken.
Rabbi Moti Rieber, Interfaith Action, spoke in opposition to the bill. (Attachment 16)
Written in opposition
Lori Lawrence, Self, Wichita, Ks (Attachment 17)
Teresa Wilke, Self, Lawrence, Ks (Attachment 18)
Stuart Little, Cities of Merriam, Mission, Prairie Village, and Westwood Hills (Attachment 19)
Spencer Duncan, Government Affairs Director, League of Kansas Municipalities (Attachment 20)
Kathy Richardson, Interim Sustainability Director, City of Lawrence (Attachment 21)
Alan Bauman, Sierra Club (Attachment 22)
Jesse Moore, Self (Attachment 23)
Kent Rowe, Self, Wichita, Ks (Attachment 24)
Jane Byrnes, Self, Wichita, Ks (Attachment 25)
Tad Kramar, Self, Big Springs, Ks (Attachment 26)
Felix Revello, Self, Larned, Ks (Attachment 27)
Michael Almon, Sustainability Action Network (Attachment 28)
Melinda Lewis, Self, Prairie Village, Ks (Attachment 29)
Michael Koss, Deputy City Attorney, City of Overland Park (Attachment 30)
Bruce Blank, Self, Wichita (Attachment 31)
Rebekah Wolf, Manhattan, Ks (Attachment 32)
Alice Bean, Self, Lawrence, Ks (Attachment 33)
Elizabeth A. Carson, Attorney, Wichita, Ks (Attachment 34)
Anthony Schmidt, Citizen Climate Lobby (Attachment 35)
Joseph Madden, Self, Wichita, Ks (Attachment 36)
Elizabeth Bishop, Self, Wichita, Ks (Attachment 37)
John Shively, Lead Coordinator, Sisters of Charity of Leavenworth (Attachment 38)
Neutral written only:
Kari Rinker, MPA, State Government Relations Director, American Heart Association (Attachment 39)
Chair Erickson closed the hearing on SB 47.
The next meeting is February 1, 2023. The meeting was adjourned at 11:17 am
