ACTION ALERT: Protect Montanans from Polystyrene Pollution

The House Business and Labor Committee will hear HB 638, a bill to phase out Expanded Polystyrene (EPS; Styrofoam) in food-related businesses statewide in Montana carried by Rep. Marilyn Marler (HD90).

We support this bill because EPS can leach toxins, including styrene which is “reasonably anticipated to be a human carcinogen” and EPS food packaging has considerable climate-related and other environmental impacts.

The bill is scheduled to be heard in the Business & Labor Committee on Tuesday, February 28 at 7 a.m. Because it is so close to the transmittal date on March 3rd (when bills passed in the House need to be sent to the Senate and the bills passed in the Senate need to be sent to the House) the hearing for the bill will be SHORT.

We need your help submitting written testimony and contacting the Business and Labor Committee members to encourage them to vote YES on HB 638.

Here's what you can do:

A - ATTEND OUR PLASTIC WORKING GROUP MEETING ON FRIDAY, FEB. 24 TO PREP FOR THE HEARING

When: Friday, February 24th @ 9:15 - 10:15 a.m.
Where: Missoula Public Library Blackfoot Board Room 410 (or attend virtually)

We will discuss details about the bill, review talking points, and share tips for contacting Business and Labor Committee members.

B - UPLOAD WRITTEN TESTIMONY before 5 p.m. on Monday, 2/27:

  1. Click this link: https://leg.mt.gov/public-testimony/

  2. Select HB 638 when it appears in the drop down menu, and the committee hearing time will automatically generate.

  3. Select "Proponent" from drop down menu.

  4. Insert your personal info.

  5. Upload your comments. Keep it short. Be respectful. Give 1-2 reasons why this is a good bill.

  6. Click submit!

C - Email, or CALL and LEAVE A MESSAGE, FOR the HOUSE Business and Labor COMMITTEE, AND VOICE YOUR SUPPORT FOR HB 638:

Submit a written message using this form. HB 638 is the bill number. Send it to the House Business and Labor Committee (committee members listed here).

If you are emailing (Committee members EMAIL ADDRESSES listed here), mention “Please support HB 638” in the subject line. Keep it short. Be respectful. Give 1-2 reasons why this is a good bill.

Call (406) 444-4800 to voice your support of HB 638, and your message will be delivered to the committee.

  • Peruse the list of Legislators and put them in groups of 10. You can leave one “vote for 638” message and have it go to 10 legislators. If you want to contact more than 10, do one list of 10, hang up and call back and send the message to 10 more, etc.)

Recruit others to testify from locations across the state. The more diversity in testimony, the better!

Sample Talking Points in support of hb 638

  1. Montanans have a Constitutional right to a clean and healthful environment and it is the State’s duty to preserve this right: Many types of plastic, including EPS, threaten the health of our environment due to issues associated with litter, toxins leaching into waterways, and impacts to human health and wildlife. HB 638 begins to address these issues by limiting the use of EPS (a particularly toxic type of plastic), therefore it should be supported.

  2. HB 638 addresses concerns raised by industry about regulation of single-use plastics: Currently, per HB 407 aka a “ban on bans” (a bill passed in 2021 prohibiting Montana municipalities from enacting policies to regulate “auxiliary containers” which includes single-use plastics), local governments in Montana cannot take action to protect their communities from plastic pollution - despite the fact that some of Montana’s largest cities (Missoula, Bozeman, and Billings) have supported regulatory actions on plastics. The proponents of HB 407 have stated that the primary reason for the “ban on bans” is that it is better for businesses if “auxiliary containers” are regulated at the statewide level, rather than through a patchwork of differing local laws and ordinances. HB 638 takes a statewide, phased-in approach to begin to address plastic pollution and therefore it should be supported. 

  3. Polystyrene food containers are unnecessary and replaceable: At least 6 U.S. states and 250 local governments have enacted an EPS ban in some form, and are making alternatives work in their communities.

  4. Most consumers prefer environmentally-friendly alternatives to single-use plastics including EPS: Recent polling has shown bipartisan support (8 in 10, according to a 2022 study) for policies regulating single-use plastics, as well as widespread support (81% of respondents) for EPS bans.

  5. Polystyrene food items are a major litter problem: They are among the top ten contributors to environmental litter. Polystyrene is harmful for wildlife, waterways and litters our communities and natural areas.

  6. Polystyrene is difficult to properly dispose of: EPS is very difficult and expensive to recycle, and even in landfills styrene can contaminate the watershed and drinking water.

  7. Styrene is a human and environmental health hazard: Styrene is reasonably anticipated to be a human carcinogen by the NIH and threatens animal health as well.

For help crafting your testimony, attend our Plastic Working Group meeting on Friday, 2/24 at 9:15 a.m. in the Missoula Public Library Blackfoot Board Room 410 or contact:

Youpa Stein, Plastic Working Group co-chair: youpastein@gmail.com
Liz Ametsbichler, Plastic Working Group co-chair: liz.ametsbichler@gmail.com

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