Politics & Government

What Is Proposition 65? Voter Guide for 2016 California Measures

Proposition 65, the plastic bag ban fee allocation measure, confusingly competes with Proposition 67, which actually bans plastic bags.

LOS ANGELES, CA — If it passes, Proposition 65 would require stores to direct money collected by sales of carry-out bags to specified environmental projects.

Proponents say the bag fees paid by shoppers should go to the environment, not into grocers' pockets, while opponents say Prop 65 is sponsored by out-of-state plastic companies.

Proposition 65 was written by the same people who oppose the competing measure, Proposition 67, which would ban stores from giving away plastic bags and requires retailers to charge 10 cents for paper or reusable bags.

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If it passes, Proposition 67 would ban plastic bags, but it would also give stores the option to use the 10 cent bag fee to offset the cost of providing paper or reusable bags. However, proposition 65, states that if a plastic bag ban such as Proposition 67 is enacted, the bag fee should go to the Wildlife Conservation fund instead of the stores.

Passage of Proposition 65 would potentially result in the several tens of millions of dollars annually being transferred to a special fund administered by the Wildlife Conservation Board for certain environmental and natural resources purposes, according to an analysis conducted by the Legislative Analyst's Office and Department of Finance.

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Supporters of the measure say it would stop the grocery stores from keeping all the bag fees and instead direct the money to worthy environmental causes. It's supporters include the Republican Party.

The measure's opponents think it's a ruse designed to undermine retailers' support for the plastic bag ban. They contend it's designed to confuse voters while protecting the interest of plastic bag manufacturers. Opponents of the measure include the Green, Libertarian and Peace and Freedom parties along with a coalition of environmental groups including Surfrider Foundation and Sierra Club California.

According to the ballot summary, Proposition 65:

  • "Redirects money collected by grocery and certain other retail stores through sale of carryout bags, whenever any state law bans free distribution of a particular kind of carryout bag and mandates the sale of any other kind of carryout bag.
  • Requires stores to deposit bag sale proceeds into a special fund administered by the Wildlife Conservation Board to support specified categories of environmental projects.
  • Provides for Board to develop regulations implementing law."

Polls are open from 7 a.m. to 8 p.m. on Election Day, Nov. 8.

Your polling place is listed on the back of the sample ballot you receive in the mail. It can also be found by visiting www.sos.ca.gov/elections/polling-place or by calling (800) 345-VOTE (8683).

For more on all of California's measures, see below:

City News Service contributed to this report. Used via Creative Commons Sam Felder/Flickr

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