Brownsville Bag Ban Eliminates 350,000 Plastic Bags Per Day!

It's amazing that with results like this, the Texas Legislature is attempting to ban plastic bag bans in Texas.

From May 7, 2011 New York Times.....

Mixed Reviews for Brownsville Ban on Plastic Bags

Ms. Orozco’s collection of tote bags stems from a recent ordinance in Brownsville, one of Texas’ poorest big cities: a ban on plastic checkout bags in virtually all businesses.The policy, which took effect in January, has eliminated more than 350,000 bags per day, according to Mayor Pat Ahumada, who said in an e-mail that it has “transformed our city from littered and dirty to a much cleaner city.

Texas Lege Attempts To Ban Plastic Bag Bans!

There are two bills in the Texas Legislature right now that represent what is wrong with our political "discourse" as of late.  They also do a hell of a job pointing out the hypocrisy that political parties regularly generate.

Senator Troy Fraser

Rep. Kelly Hancock

Everyone in Texas (Conservative, Liberal, Tea Party, Independent) should immediately contact their Texas State Senators and Representatives and ask them to strike out the last line of SB908 and HB1913.  These bills are 95% good (encouraging the recycling of plastic shopping bags and offering of reusable bags), but the two lawmakers that are sponsoring them, District 24 Senator Troy Fraser and  District 91 Representative Kelly Hancock, have decided to slide in a restrictive clause in the bill that would limit local community rights by not allowing them to enact any local ordinances that would conflict with these bills.  Some,myself among them, interpret this to mean that  Texas towns and counties will not be able to draft and implement plastic bag bans, fees or other ordinances that would aid in the reduction of litter in their area.

The reason that an environmental conscious person should object to the restrictions on their local governments is obvious.  Encouraging the recycling of plastic bags is nice but is really almost completely ineffectual and almost non existent.  These bags end up in our streets and gutters; clogging them up.  Those that get through the gutters move on to our lakes, rivers and oceans to finally end up being consumed by marine animals and birds that mistake them for food.

Only 1%-9% of plastic bags are recycled annually.  In addition the recyclables commodity market does not exactly encourage the recycling of plastic bags by private industry and is a huge loss for anyone who attempts it.  According to the Clean Air Council, it costs $1,000 to recycle one ton of plastic bags which can be turned around and sold for $32.  Not really a great cost benefit ratio there, huh?  Therefor it is obvious that we should reduce the amount and usage of these bags through bans on these bags being distributed at stores or by implementing fees that will discourage the use of the bags encourage reusable bags but still provide funding for those cities and towns to clean up the current plastic litter problem they are facing.

What if you think, despite the above information, that plastic bag bans, fees and other ordinances are not the answer and consumers should have the option of plastic bags and then recycle and reuse them?  Well, these bills seek to usurp local community's rights to enact laws and regulations that they feel would address their plastic and other litter issues.  Whether these laws end up being a ban, a fee or even an expanded recycling program- shouldn't those communities have THAT choice to tackle their problem?  After all the solution will be debated on the local level and not dictated by a lawmaker in Austin.

Isn't this what many of the Conservatives ran on to ride the wave of conservative change into the Texas Legislature in 2010?  They told their constituents that they, like them, were tired of being told what to do by the ever expanding state and federal government and they would protect the rights of their constituents to make their own choices for their communities and themselves.  The very fact that HB1913 and SB908 seek to limit these local powers is a slap in the face to these principles that conservative candidates  like Representative Hancock and Senator Fraser expounded on to get into office.  As a Conservative or Tea Party member, you should be outraged and send a message to them and your own local Legislators to leave your community alone and  let you decide these issues at the local level!

I urge you to please contact your local Texas State Representative and Senator and tell them to oppose HB1913 and SB908 and stop this attempt by the Texas Legislature to take away your local rights to enact laws that would benefit your communities!  Click on the link below to utilize a resource created by the Surfrider Foundation that will direct you to your Law Maker and help you send a letter to them today!

Don't Limit Local Rule on Plastics

South Texas Chapter Scores Plastics Victory

The newest of the Surfrider Foundation's Texas Chapter Network, the South Texas Chapter, has scored a victory in the fight against the littering of our ocean with plastics, coastal armoring and enforcing the Texas Open Beaches Act.

Since the 2005 tropical season events of Hurricanes Katrina and Rita in the Gulf of Mexico, the La Quinta Hotel on South Padre Island, Texas has been doing everything it could think of to keep the Gulf back. The La Quinta was, depending on who you ask, knowingly or unknowingly built past the critical dune line and in an erosional hot spot. Even though the 2005 hurricanes made landfall far north of South Padre, the barrier island experienced strong storm surges which resulted in the acceleration of erosion of the beach in front of the La Quinta.


The owner's response was to illegally start stacking thousands of polypropylene sandbags in front if his retaining wall, cover them with sand, plant some vegetation and call it a sand dune. This was done without the required beach construction permits that the Texas General Land Office and Town's Beach and Dune Task Force required to do so. Not to mention that the placement of plastics onto the beach is considered an illegal landfill by the Texas Commission on Environmental Quality.


Complaints were made with initially very little response or action by the GLO or the Town. However after the surge by Hurricane Ike caused the dune to wash out and spill the whole, partial and sun-rotted plastic sandbags into the public beach easement and Gulf of Mexico complaints increased and the GLO and TCEQ took notice.







Below is the letter addressing South Padre Island's Coastal Resources Manager, who has helped us with this issue, from the Texas General Land Office notifying La Quinta of its violations of the Texas Open Beaches Act, Dune Protection Act and South Padre Island's Beach and Dune Protection Plan and warning the Town to enforce its approved beach and dune plan by having the La Quinta remove all of the polypropylene sandbags or risk losing Coastal Erosion Planning and Response Act Funding.

January 26,2009

Via Electronic Mail

The General Land Office (GLO) received several complaints concerning the placement of sand bags on and adjacent to the public beach at 7000 Padre Blvd seaward of the La Quinta Hotel in the Town of South Padre Island (Town). The location of the sand bags are less than 1,000 feet landward of the mean high tide line and seaward of the Town's dune protection line adopted by the Town of South Padre Island Dune Protection and Beach Access Plan October 5, 1994 (1994 Plan). The placement of the sand bags, within the beachfront construction/dune protection area requires a Beachfront Construction Certificate and Dune Protection Permit. The GLO has no record of reviewing an application for a Beachfront Construction Certificate and Dune Protection Permit for the placement of the sand bags. If the Town issued a building permit for the construction of the sand bags without GLO review of a Beachfront Construction Certificate and a Dune Protection Permit (if required), it has violated the terms of the 1994 Plan certified as consistent with state law at 3 1 Texas Administrative Code (TAC) 5 15.30.

The placement of the sand bags on the public beach easement and construction of a shore protection project without a certificate or permit are direct violations of the Open Beaches Act ,Dune Protection Act, Beach/Dune Rules and the 1994 Plan. The Town of South Padre Island must enforce the provisions within the 1994 Plan or the GLO may make a determination of non-compliance with the local plan. If the Town does not address the issue of non-compliance, the GLO may determine that the town is not adequately administering its local plan, which could jeopardize the Town's ability to receive state funds from the Coastal Erosion Planning and Response Act (CEPRA). Our CEPRA project manager is currently looking at options to assist in the placement of sand in this area. The placement of beach quality sand is an acceptable erosion response project. Other options include the placement of a natural dune or a Town sponsored shore protection project in accordance with the Beach/Dune and Coastal Coordination Council Rules.

Sincerely,


Eddie Fisher
Director, Coastal Stewardship
Coastal Resources Division