Ten years after California passed a law to reduce plastic waste, lawmakers finally closed a loophole that led to an increase in plastic pollution. This new, stricter ban was passed on August 30, 2024, and marks a significant step forward. However, the original law’s loophole wasn’t an accident; it was deliberately added by former state Senator Kevin de Leon, who was receiving campaign contributions from plastic companies at the time.
This De Leon Loophole allowed thicker plastic bags to be classified as reusable, leading to a 47% increase in plastic waste from 2014 to 2024. Reports show that Californians pay millions annually for the cleanup of plastic waste, costing each resident between $25 and $35 a year.
Local ordinances banning plastic bags had already made progress, reducing plastic waste by over 90% in some areas. However, after the state law passed in 2014, out-of-state plastic companies delayed its implementation by pushing for ballot measures, only allowing the ban to take full effect after 2016. By then, companies exploiting the loophole had already started selling their thicker bags.
Californians continued to discard over a billion plastic bags annually, despite the ban. De Leon had blocked a cleaner version of the ban in 2013, citing the interests of plastic companies and using the livelihoods of workers as justification. He continued to receive campaign contributions from plastic companies even after adding the loophole.
The recent bills, AB 2236 and SB 1053, passed overwhelmingly and are expected to be signed by Governor Newsom, with enforcement beginning in January 2026. This closes the De Leon Loophole, but the cost of his actions has been high. It’s a reminder of the importance of using our voting power wisely to protect the environment and ourselves.