By Hadassa Kalatizadeh

On March 1st, a new initiative will go into effect, barring NYS retailers from distributing single-use plastic bags. The new law bans many types of businesses from using the thin plastic bags, which have been attributing to clogged landfills, polluted seas and lakes, and even getting tangled up in trees. Single-use paper bags have not been banned, but counties have the option to imposing a 5 cent fee for these.

Despite the expected inconvenience to shoppers the new law will bring, many environmentalists feel the initiative isn’t enough. As reported by Crain’s NY, some conservationists are concerned that stores may find loopholes through which to still distribute bags. The state’s imminent regulation could allow for distribution of plastic bags that are thick enough to be fit for many uses. “It is a giant loophole which they should close in the future,” said Judith Enck, a former administrator of the U.S. Environmental Protection Agency who currently leads the environmental advocacy group, Beyond Plastics. “It’s not good for the environment if you go from thinner plastic bags to thicker plastic bags.”

The NYS regulations, which will soon be finalized, will allow stores to give plastic bags, only provided that they are washable, can carry 22 pounds over at least 175 feet, can be re-used more than 125 times, and have a strong attached carry strap that won’t stretch with regular use. Another proposed caveat is that any reusable plastic bags should be at least one-hundredth of an inch thick. This stipulation is even stricter than that imposed in the state of California in 2016, where plastic bags need to have a minimum thickness of 2.25 mil.

A spokesman for Gov. Andrew Cuomo, who signed the bill last year, brushed off complaints that the law may be too lenient. “These groups should stop promoting baseless conspiracy theories and focus their efforts on helping New Yorkers transition to re-usable bags,” said spokesman Jason Conwall.

Some NY retailers, particularly major chains, have already started dropping the bags in anticipation of the upcoming requirement. Consumers are being encouraged to start using durable reusable bags, made of canvas or polyester, says Basil Seggos, commissioner of the state’s Department of Environmental Conservation. According to his agency, at least for the time being, the plastic industry probably will not have the machinery to produce plastic bags think enough to meet the standards of New York’s proposed law while still being cost effective. “There’s always a period of transition where there’s resistance or uncertainty,” Seggos said.

The ban makes allowances for some thin plastic bags “for which there is no reasonable or practicable alternative.” It allows for bags used for restaurant takeout food, plastic bags used to wrap meat, and bags used for prepared food. Also pet stores and art stores will have certain leniencies. Convenience store owners are feeling nervous about the upcoming law, and want to be exempt from the ban, before it is finalized. Seggos said regulators are not expected to make any major changes.

Jim Calvin, president of the state Association of Convenience Stores, said small business owners are feeling “anxiety” about having enough paper bags to meet their needs by March 1. Matthew Hamory, a managing director in the retail practice at AlixPartners LLP, said the impact that the ban will have on the market for paper bags has yet to be seen. Certainly, “New York will be adding an enormous amount of retail outlets who are using paper bags.”

As per Crain’s, Seggos said his agency is mindful of the possibility that there may be a paper bag shortage early on after the bill is implemented, and said the agency has bought more than a quarter million reusable bags which the state will distribute to food pantries and shelters.