HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/02/2021 - ITEMS RELATED TO REGULATION OF DISPOSABLE BAGS AND Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY February 2, 2021
City Council
STAFF
Molly Saylor, Senior Sustainability Specialist
Judy Schmidt, Legal
SUBJECT
Items Related to Regulation of Disposable Bags and Mitigation of Other Sources of Single Use Plast ic
Pollution.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the City of Fort Collins to
Establish Regulations Regarding Disposable Bags and Mitigation of Other Sources of Single Use Plastic
Pollution.
B. First Reading of Ordinance No. 027, 2021, Approving and Appropriating an Off -Cycle Funding Request,
Contingent on the Outcome of the April 2021 Election, to Support Initial Implementation of Ordinance No.
026, 2021, Establishing Regulations Regarding Disposable Bags.
The purpose of this item is to consider adoption of an Ordinance regulating the distribution of disposable bags
and future mitigation of other sources of single-use plastic pollution (the “Disposable Bag Ordinance”) and
Ordinance No. 027, 2021, making an appropriation to support implementation of the Disposable Bag
Ordinance with outreach and engagement and provision of free reusable bags to the community (the
“Appropriation Ordinance”).
The Disposable Bag Ordinance:
• Prohibits distribution of disposable plastic bags by large grocers to customers at point-of sale and imposes
a $0.12 fee on disposable paper bags distributed by large grocers to customers at point-of sale;
• Allocates the $0.12 fee equally between the vendor and the City, w ith the City’s share of the fee being
committed to support the City’s plastic pollution mitigation and solid waste and litter reduction program (the
“Waste Reduction Program”) as defined, and the vendor share being committed to pay the vendor’s cost to
implement the disposable bag fee program and encourage customer use of disposable bags;
• Includes an exemption from the bag fee for low-income customers; and
• Expressly reserve’s Council authority and states Council’s intent to make future modifications to address
stakeholder input or unforeseen circumstances, regulate single -use plastic items in addition to disposable
plastic bags, and extend regulations to other vendors in the City.
The Appropriation Ordinance provides $87,500 in funding to support initia l 2021 roll-out of the Disposable Bag
Ordinance and the Waste Reduction Program, including outreach and engagement and making free bags
available to the community.
A resolution referring Ordinance No. 026, 2021, to the voters at the April 2021 regular mun icipal election will be
presented for consideration at the time of consideration of second reading of Ordinance No. 026, 2021.
Agenda Item 13
Item # 13 Page 2
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Reducing Plastics Pollution is an adopted Council Priority, which aligns with the community’s goal to sustain
and improve the health of the Cache la Poudre River and watershed and its Road to Zero Waste goal to
produce zero waste by 2030.
Past Council Action
• Work Sessions
o February 11, 2020 - During this work session, staff provided plastic pollution context and learnings
from peer communities. Council provided direction for action both on micro and macro pollution.
o October 27, 2020 - During this work session, staff provided a progress update on plastic pollution
awareness work, including impacts of COVID-19 on plastic use, policy development and community
engagement, and a staff recommendation. Councilmembers indicated interest in moving plastic bag
policy to a ballot measure.
o December 8, 2020 - During this work session, staff provided Council a suite of policy options for a
plastic pollution ordinance and related ballot measure. Council provided feedback on these policy
elements and other logistics as outlined below.
o January 12, 2021 - During this work session, staff shared a draft bag ordinance with Council and
Councilmembers provided feedback on outstanding policy details, including fee amount and structure,
income-qualified relief. Staff also recommended funding for a 2021 ordinance roll out and
engagement. (Attachment 1)
<https://citydocs.fcgov.com/?cmd=convert&vid=72&docid=3515966&dt=AGENDA+ITEM&doc_downlo
ad_date=JAN-12-2021&ITEM_NUMBER=01>
• Regular Meeting
o December 15, 2020 - Councilmembers adopted Resolution 2020-118 directing staff to draft an
ordinance for Council to discuss at the work session on January 12, 2021.
A. OVERVIEW OF DISPOSABLE BAG ORDINANCE
The Disposable Bag Ordinance includes the following key details as specified by Council in Re solution 2020-
118 adopted on December 15, 2020, and in the January 12, 2021 work session including:
• Policy: Hybrid approach, applying to large grocers starting May 1, 2022, the Ordinance bans disposable
plastic bags and put a 12-cent fee on each disposable paper bag.
• Fee structure:
o Large grocers will retain 50% of the fee to be used in accordance with a fee revenue plan created in
conjunction with City staff.
o The City will retain 50% of the fee revenue to cover costs of a new Waste Reduction Progr am.
• Program and program costs: The Disposable Bag Ordinance creates a new Waste Reduction Program
that includes plastic pollution mitigation and solid waste and litter reduction activities carried out by the
City. Fee revenue will be applied to the costs of this Program. (Attachment 2)
Agenda Item 13
Item # 13 Page 3
• Income-qualified exemption: Benefit recipients of an income-qualified Federal, State, and County
assistance program, including SNAP and WIC, who present a benefit card at time of purchase, will be
exempted from the disposable bag fee.
Income-Qualified Relief
Residents who participate in federal, state or county income qualified assistance programs including WIC and
SNAP and provide benefit cards at the point of sale would be exempt from the disposable bag fee.
(Attachment 3) Additional relief includes:
• The City will prioritize reusable bag distribution to recipients of WIC and SNAP as well as those enrolled in
other income-qualified programs, including City programs.
• New suggestion for creative approach - Staff proposes to explore using City or vendor share of the
disposable bag fee revenue to supply a fixed number of discretionary “be our guest” reusable bags to
support customers who experience barriers but are not covered by the exemption.
Survey Responses And Comments To Date
A final round of survey data, comments, and demographics will be shared as a read -before memo prior to first
reading to give the community as much time as possible to provide feedback. (Attachment 4)
Future Steps Towards A Comprehensive Approach
Once the major impacts of COVID have subsided, an anticipated six to nine months of engagement and work
with the community would likely be required (to allow time for equitable engagement early in the process)
before bringing additional single use plastic reduction options for Council feedback. At that time, Council could
consider such measures as separate but related policy efforts to the bag policy being considered and put to
the voters.
B. OVERVIEW OF 2021 FUNDING ORDINANCE
Contingent upon the outcome of the April election, the Appropriation Ordinance provides $87,500 to support
successful roll-out of the Disposable Bag Ordinance in 2021 including outreach and engagement and to
provide free bags to the community. (Attachment 5)
Next Steps
Pending Council’s vote on the Disposable Bag and Appropriation Ordinances presented for first reading, staff
anticipates the following next steps:
• Second Reading of the Disposable Bag Ordinance and the Appropriation Ordinance; and
• Council consideration of a resolution to refer the Disposable Bag Ordinance to a vote of the City’s electors.
Note: At this point, Environmental Services staff will no longer conduct any engagement on the issue in
accordance with the Fair Campaign Practices Act. The City Clerk’s off ice manages the logistics of the ballot
process.
PUBLIC OUTREACH
A survey on the proposed Disposable Bag Ordinance has been posted and advertised since mid -December.
(Attachment 4)
Agenda Item 13
Item # 13 Page 4
ATTACHMENTS
1. Work Session Summary (PDF)
2. Disposable Bag Fee Study (PDF)
3. Income Qualified Relief (PDF)
4. Survey Dissemination (PDF)
5. Single Use Bag Policy Implementation Resourcing (PDF)
6. Powerpoint Presentation (PDF)
Environmental Services
222 Laporte Ave.
PO Box 580
Fort Collins,CO 80522
970.221.6600
fcgov.com/environmental services
MEMORANDUM
Date:January 15,2021
To:Mayor Troxell and City Councilmembers
Thru:Darin Atteberry,City Manager
Jacqueline Kozak Thiel,Chief Sustainability Officer
Lucinda Smith,Environmental Services Director
From:Molly Saylor,Senior Specialist,Environmental Sustainability
Re:January 12, 2021 Work Session Summary:Single Use Plastics Ballot Item
Discussion
Attendees:All Councilmembers were present.
Staff presented options for Council to consider as part of a potential future ordinance on single-use
plastic and paper bags for referral to the April 2021 ballot.
Key discussion points
Some Councilmembers expressed preferences for
o Fort Collins to lead and not wait for potential legislation from the State
o Support for referring a City ordinance to ballot (with ability for future Councils to adjust in
response to future circumstances),and let voters decide
o If referred to ballot,importance of making sure voters understand what they are voting on
o Noted a majority of public survey responses to-date support a bag ordinance
o If ballot item passes,support for 2021 City resources to begin outreach in advance of
ordinance taking effect in 2022
o Bag fee starting at the low end of proposed range
o Support for proposed elements identified in the fee-funded plastic pollution mitigation and
solid waste reduction program to be administered by the City
Some Councilmembers shared
o Concerns about impact to low-income families and question on whether the proposed
paper bag fee exemption goes far enough;suggestion to explore ways to reach more
people
o Preference that City not proceed now,and instead wait for state legislation to address
plastic bags
o An interest in addressing plastic pollution through innovation and circular economy
strategies
o Request to remain vigilant about potential unintended consequences
Additional Information on Income-Qualified Exemption
The proposed ordinance exempts grocery store customers from the paper bag fee if they present any
benefit card associated with a federal,state or county income-qualified assistance programs,not only
assistance programs such as SNAP and WIC. This includes programs such as Medicaid,
Veterans Services,and Bureau of Indian Affairs.Staff anticipates that the vast majority of customers who
present a benefit card will use SNAP or WIC as these pertain to food purchases.However,the broader
language leaves the door open to future income-qualified programs that may issue benefit cards.
In addition,when developing a reusable bag distribution plan,the City or grocer fee revenue could
provide grocers with reusable bags to be distributed at their discretion,to address individuals who are not
able to cover the paper bag fee or have other barriers not addressed in the ordinance.
ATTACHMENT 1
2
Next steps:
Ensure community plastic bag survey is available from the fcgov.com homepage again.Survey
will end Jan.31
Continue to monitor State legislation pertaining to plastic pollution
Continue to explore longer-term approaches with regard to circular economy
Feb 2-First reading of the plastic pollution ordinance and funding ordinance
Bag ordinance to refer to ballot:
o Ban plastic bags and charge a $0.12 fee on paper bags at large grocers
o Split fee revenue 50:50 between grocer and the City
o Ordinance takes effect May 1,2022
Funding Ordinance to provide implementation resources in 2021 if votes pass ballot item
o Request for $87,500 in 2021 to fund an FTE to roll out the ordinance,an outreach and
engagement campaign to help transition the community,and the purchase of reusable
bags for distribution to low-income households.
Feb 16 Second reading of plastic pollution ordinance and funding ordinance,and resolution to
refer the ordinance to the ballot as a referendum.
1
Disposable Bag Fee Study
City of Fort Collins, Colorado
Contents
Executive Summary ....................................................................................................................................... 2
Study Overview ......................................................................................................................................... 2
Approach ................................................................................................................................................... 2
Fee Components ....................................................................................................................................... 2
Fee Calculation & Supported Fee Levels ................................................................................................... 2
Study Background ......................................................................................................................................... 3
Fee Calculation .............................................................................................................................................. 4
Methodology ............................................................................................................................................. 4
Program Costs ............................................................................................................................................... 4
Projected Fee Revenues ............................................................................................................................ 5
Recommended Fee Range ........................................................................................................................ 6
Other Considerations .................................................................................................................................... 7
Colorado and peer cities with hybrid policies in place ............................................................................. 7
Case studies .............................................................................................................................................. 7
Aspen .................................................................................................................................................... 7
Boulder .................................................................................................................................................. 8
Research Referenced .................................................................................................................................... 9
ATTACHMENT 2
2
Executive Summary
Study Overview
The City of Fort Collins is developing a single-use plastic bag ordinance to address the issue of plastic pollution,
which would include a ban on providing single-use plastic bags and a fee on paper bags that would apply to large
retail grocers. An ordinance will be presented for Council consideration on February 2nd and 16th and Council
intends to submit the measure to the April 2021 municipal election. In determining an appropriate fee, City staff
assembled the below Disposable Bag Fee Study based on the underlying costs of administering the new program.
This report outlines the approach, fee components, and calculations, as well as projected fee revenue and staff
recommendations for the use of fee revenue for this ordinance. The report also provides other considerations,
such as alternative approaches to the fee structure and case studies from other Colorado cities that have bag
ordinances in place.
Approach
To determine the appropriate amount for a fee on paper bags, staff gathered information on internal costs and
researched results from similar programs that were implemented in other cities. Both estimated costs and
forecasted revenues were calculated independently, and then backed into a specific range that was determined to
be supported.
Fee Components
Cities imposing new fees are required to demonstrate a clear connection between program costs incurred by the
City and the subject of the fee, in this case paper bags. The purpose of a fee is to defray the cost of providing a
service to the community. This study includes the following cost categories in calculating the fee:
1. Current estimate of bag usage and estimate of bag use reduction if fee is imposed
2. Costs incurred by the City
3. Costs incurred by retailers
Fee Calculation & Supported Fee Levels
The bag fee formula is based on total cost to the City and equitable sharing of fee revenue to the retailer, against
the total volume of projected bags subject to the fee:
Using this approach, the fee supported could range from $0.12-0.21 per paper bag, with half of the revenue being
retained by the retailer to cover their related costs.
Program and Related Costs / Portion retained by City / Projected Bags Used = Fee per Bag
3
Study Background
Cities imposing new fees are required to demonstrate a clear nexus between program costs incurred by the City
and the subject of the fee, in this case paper bags. The purpose of a fee is to defray the cost of providing a service
to the community.
This connection has been defined in different ways across Colorado and U.S. cities with a best practice being
Aspen’s hybrid bag policy (see case study below). Staff recommends aligning to the approach Aspen has taken. The
following fee summary reflects this approach and outlines the types of costs associated with the new program
created by the ordinance that would be recovered and potential fee revenue.
Proposed Plastic Pollution Mitigation and Solid Waste Reduction Program established by bag ordinance:
By passing the bag ordinance, Council would create a new plastic pollution mitigation and solid waste reduction
program, to which the fee revenue can be applied. The elements of this program include:
• the administration and operation of the Waste Reduction Program and administration activities to
collect all disposable bag fees;
• activities and campaigns conducted by the City (or a contracted vendor) to provide reusable bags to
residents and visitors, educate residents, businesses and visitors about the impact of disposable bags,
trash, single-use plastics and other waste on the waterways and environment and on the health and
welfare of its residents and visitors, the importance of reducing the number of disposable bags
entering the waste stream and to raise awareness about waste reduction and recycling;
• community clean-up events, City activities, and other community-led activities to reduce or mitigate
solid waste and litter;
• programs and infrastructure to facilitate and encourage the community to reduce waste and recycle,
including community-led efforts;
• creating, expanding, and maintaining equitable outreach and engagement strategies, including a
public website to educate residents on the progress of waste reduction efforts;
• other activities directly related to the reduction of waste from disposable bags, trash, single-use
plastics and other waste and its impact on the waterways and environment within the city and the
Cache la Poudre watershed; and
• funding or providing other support for programs and activities conducted by others in furtherance of
these purposes.
The following section outlines the program costs that would be recovered and the Figure 1 establishes the fee
revenue connection.
4
Fee Calculation
Methodology
This fee study was conducted internally by the Sustainability Services Senior Financial Analyst and leverages
baseline assumptions about plastic pollution mitigation and solid waste reduction program costs created by the
ordinance and fee structure examples from other cities. Key takeaways from the fee study include:
• Direct and indirect costs related to materials management, reduction, and recycling are significant when
considering expanding efforts to be equitable, to support community-led efforts, and when considering
infrastructure or capital investments.
• Based on the assumptions outlined within the study, the total combined City and grocer cost per bag is
estimated to range from approximately $0.12-0.21 per bag and would support establishing a fee up to
$0.20 per bag based on the requirement for a fee to not exceed related City costs.
• The costs basis was established under learnings of best practice from other cities to include recovery of
direct and systems costs on an annual basis. The resulting revenues could be focused on first recovering
new direct costs, but also leveraged to support long-term capital and systems investments needed to
reduce plastic pollution and reach waste goals.
Related costs were provided by the finance support staff for each relevant Service Area and aggregated to include
both the low- and high-end estimates. This provided the range to use as a numerator for the fee calculation below:
Program Costs
The estimates shown in Figure 1 below represent staff’s recommendation to cover a broad range of direct and
systems costs related to solid waste reduction and recycling, similar to Aspen’s fee (see case study below).
Figure 1. Costs to the City for the new plastic pollution mitigation and solid waste reduction program:
Cost description Annual cost range (low) (high)
a. Cover the costs to administer, enforce and conduct community
wide engagement about the ordinance $260,000 $300,000
b. Provide reusable bags to both residents and visitors, especially
to low-moderate income residents and other historically
underrepresented groups $10,000 $30,000
c. Cover a portion of the costs of existing litter pick up,
stormwater, wastewater and street sweeping costs related to
single-use items $100,000 $150,000
d. Cover a portion of the costs of existing paper and plastic film
recycling costs at the Timberline Recycling Center $50,000 $100,000
Program and Related Costs / Portion retained by City / Projected Bags Used = Fee per Bag
5
e. Expanded equitable engagement, outreach, and community
partnership, including neighborhood and community project
funding as program and funding capacity allow $175,000 $300,000
f. Solid waste reduction, recycling, plastic pollution mitigation
efforts, and infrastructure, including but not limited to encouraging
systems approaches to reuse and reduction efforts targeting single-
use items $200,000 $500,000
Total Cost $795,000 $1,380,000
Cost per Bag (50% retained by City; 75% reduction in bags) $0.12 $0.21
Key assumptions and considerations:
• Above figures reflect estimations based on current cost structures that were provided as ranges by the
relevant finance analyst for each item. They do not reflect assumptions for how the costs may alter over
time.
• The low end of the range for each line item represents the more conservative estimate and the high end
represents more expanded programming.
• Details by cost
o (a.) Administration cost would cover staffing for 1.0 added classified FTE that would be
responsible for administering the ordinance, including outreach to and engagement with
residents and businesses as the ordinance is rolled out and for enforcement support, 1.0 added
FTE for the first two years to support ordinance roll out, and the costs of marketing and outreach
campaign materials.
o (b.) Bags are assumed to cost approximately one dollar per bag. Based on staff estimates and
experiences distributing other items, it is reasonable to distribute three bags per household to
3,000 households per year.
o (c.) Litter clean-up and other operational costs related to single-use plastic items and paper bag
litter were estimated by finance support for each service area. This is presented as a wider range
due to the challenge of estimating the exact percentage represented by these items versus
overall litter.
o (d.) Assumes a portion of the costs to collect and transfer plastic film, paper, and cardboard for
recycling at the Timberline Recycling Center.
o (e.) Assumes reimagined community engagement strategies such as: paid community partner
and ambassador programs to engage on the City’s behalf, reaching parts of the community the
City struggles to access; language justice and focus groups to ensure culturally relevant
campaigns; and neighborhood-scale community-led projects to address barriers to waste
reduction, reuse and recycling and encourage behavior change.
o (f.) Investments in programs and infrastructure to protect waterways and natural areas, reduce
waste, encourage reuse, and enable local circular economy progress. Infrastructure investments
may include but are not limited to recycling center equipment and compost facility development.
Projected Fee Revenues
The estimates shown in Figure 2 below represent staff’s estimate of the base case revenues that would correlate
with the fee ranges recommended based on research of other cities. This research found fees for bags that ranged
between $0.05-0.25 per bag, with $0.10-0.20 being the most common in Colorado. Accordingly, staff projected the
resulting revenues for a $0.10-.20 range.
6
Figure 2. Revenue projections from the bag fee, assuming staff’s recommendation to retain 50% of the fee.
Estimated Annual Revenue
Fee per paper bag $ 0.10 $ 0.20
Estimated Current Number of Paper and Plastic Bags 52,500,000
Estimated Reduction in Bag Usage* 75% 75%
Fee Retained by City 50%
City Revenue $ 656,250 $ 1,312,500
* Based on results documented in Palo Alto
This analysis was performed separately from the estimated program cost calculation in Figure 1. The results
independently arriving at similar ranges ($0.10-0.20 vs. $0.12-0.21) reinforces staff’s conclusion that the proposed
range is appropriate.
Recommended Fee Range
The above resulting revenue range of $650K-$1.3M leads to a conclusion that a fee between $0.10-0.20 per paper
bag would meet the requirement for a fee to be established at or below the sum of related costs, which ranged
from $795K-1.38M in Figure 1.
Key assumptions and considerations:
• Approximately 340 bags are used per person per year, resulting in an estimated 52,500,000 bags per
year0F
1.
• Palo Alto saw their hybrid approach ultimately settle at a 75% reduction of paper bags (with no plastic
bags). The Fort Collins fee summary uses this data point to estimate long-term fee revenue after the initial
transition1F
2.
• Palo Alto also has a low-income exemption and thus numbers already reflect this assumption. Figures do
not make any additional assumptions on revenue from bags exempted or provided for no cost to income-
qualified community members.
• Some costs to the City are expected to taper as single-use bag use (and related fees) taper.
• Ten-cent and twenty-cent options are shown but other cities have used other amounts ranging from five-
cents up to twenty-five-cents.
• Staff recommends revisiting the level of fee to ensure it is set appropriately every 3-5 years similar to
other City fees
• Figures presented represent the base case analysis; staff also calculated scenarios with High, Medium, and
Low assumptions for existing bag usage (250-340 bags) and reduction in single-use bags (50-90%) and
found that in most scenarios, a fee between $0.10-0.20 would support the minimum program costs.
1 From Brendle, 2012 and Wagner, T, 2017
2 Palo Alto https://www.cityofpaloalto.org/civicax/filebank/documents/48074
7
Other Considerations
Colorado and peer cities with hybrid policies in place
These peer cities were used to understand typical fee ranges and to understand lessons learned from other cities
that have implemented similar programs.
• Aspen, CO***
• Avon, CO**
• Carbondale, CO***
• Steamboat Springs, CO***
• Telluride, CO**
• Vail, CO**
• Eugene, OR*
• Palo Alto, CA**
• Santa Barbara, CA**
• Tacoma, WA*
• Seattle, WA*
• San Francisco, CA****
Legend: * cities charging between 5 cents per paper bag; ** 10 cents, *** 20 cents, **** 25 cents
Case studies
These case studies gave key insight into best practices and lessons learned from other Colorado cities
that have created bag programs and to which they apply fee revenue.
Aspen
• Key takeaways:
o Allows Aspen to recover costs for reducing waste and recycling, inclusive but not limited to direct
bag reduction costs
• Bag policy: Hybrid approach, banning plastic bags, fee on paper bags
• Fee amount: 20-cents per paper bag
• Ordinance language:
(f) The Waste Reduction Fee shall be administered by the City of Aspen Environmental
Health Department.
(g) Funds deposited in the Waste Reduction and Recycling Account shall be used for the
following projects, in the following order of priorities:
(1) Campaigns conducted by the City of Aspen and begun within three hundred sixty-five (365) days of the
effective date of this act, to:
Provide reusable carryout bags to residents and visitors;
And
Educate residents, businesses, and visitors about the impact of trash on the City's environmental health, the
importance of reducing the number of disposable carryout bags entering the waste stream, and the impact of
disposable carryout bags on the waterways and the environment.
(2) Ongoing campaigns conducted by the City of Aspen to:
a. Provide reusable bags to both residents and visitors; and
b. Create public educational campaigns to raise awareness about waste reduction and recycling;
c. Funding programs and infrastructure that allows the Aspen community to reduce waste and recycle.
d. Purchasing and installing equipment designed to minimize trash pollution, including, recycling
containers, and waste receptacles;
e. Funding community cleanup events and other activities that reduce trash;
f. Maintaining a public website that educates residents on the progress of waste reduction efforts; and
g. Paying for the administration of this program.
(h) The Fees shall not be used to supplant funds appropriated as part of an approved annual budget.
1
(i) No Waste Reduction Fee shall revert to the General Fund at the end of the fiscal year, or at any other time, but
shall be continually available for the uses and purposes set forth in Subsection (g) of this Section without regard to
fiscal year limitation.
Boulder
• Key takeaways:
o Outlines costs for recovery that are directly tied to bags.
• Bag policy: Fee on plastic and paper bags
• Fee amount: 10-cents per bag
• Ordinance language:
(g) Funds from the disposable bag fee shall be used only for the expenditures that are intended to mitigate the
effects of disposable bags, including, without limitation, the following:
(1) Administrative costs associated with developing and implementing the disposable bag fee.
(2) Activities of the City to:
(A) Provide reusable carryout bags to residents and visitors;
(B) Educate residents, businesses and visitors about the impact of disposable bags on the City's
environmental health, the importance of reducing the number of single-use carryout bags
entering the waste stream and the expenses associated with mitigating the affects of single-use
bags on the City's drainage system, transportation system, wildlife and environment;
(C) Fund programs and infrastructure that allow the Boulder community to reduce waste
associated with disposable bags;
(D) Purchase and install equipment designed to minimize bag pollution, including recycling
containers and waste receptacles associated with disposable bags;
(E) Fund community cleanup events and other activities that reduce trash associated with
disposable bags;
(F) Mitigate the effects of disposable bags on the City's drainage system, transportation system,
wildlife and environment;
(G) Maintain a public website that educates residents on the progress of waste reduction efforts
associated with disposable bags; and
(H) Fund the administration of the disposable bag fee program.
(h) No disposable bag fees collected in accordance with this chapter shall be used only for general government
purposes.
(i) Disposable bag fees collected in accordance with this chapter shall be continually available for the uses and
purposes set forth in subsection (g) of this section without regard to fiscal year limitation. No disposable bag fee
funds shall be used for any purpose not authorized in this chapter.
1
Research Referenced
Brendle Group Report done for City of Fort Collins from 2014
City of Aspen https://www.cityofaspen.com/DocumentCenter/View/687/City-of-Aspen-Single-Use-Bag-
Study-PDF?bidId=
City of Boulder
https://documents.bouldercolorado.gov/WebLink/DocView.aspx?id=10701&dbid=0&repo=LF8PROD2&
cr=1
City of Palo Alto https://www.cityofpaloalto.org/civicax/filebank/documents/48074
Report by Wagner, T. from 2017
1
Attachment III: Income-Qualified Relief
Recommendation
The proposed bag ordinance includes a ban on plastic bags and a point-of-sale fee on paper
bags which impacts Fort Collins’ residents. Staff recommendations include accommodations for
our lowest earners and a two-pronged approach: 1) a cost exemption of the paper bag fee at
the point-of-sale to participants who provide a benefit card reflecting participation in Federal,
State, or County income-qualified aid programs to address the needs of low-income residents,
and 2) distribution of reusable bags for low- to moderate-income earners.
Context of Recommendations
Fee Exemption at Point of Sale to Participants in Federal, State, or County income-
qualified aid programs
The proposed ordinance states “A large grocer may provide a disposable paper bag to a
customer at no charge if the customer provides, at the time of purchase, a benefit card reflecting
participation in federal, state, or county income-qualified aid program including but not limited to
benefits delivered via Electronic Benefits Transfer (EBT) such as Supplemental Nutrition
Assistant Program (SNAP) or Supplemental Nutrition Program for Women, Infants and Children
(WIC).”
The primary food assistance programs are described below.
SNAP- Supplemental Nutrition Assistance Program
•The Supplemental Nutrition Assistance Program (SNAP) is a food assistance program in
Colorado, formerly known as Food Stamps. SNAP provides food assistance benefits as part
of a federal nutrition program to help low-income households purchase food. U.S. citizens
and some non-citizens are eligible for SNAP benefits. Even if some members of the
household are not eligible, household members who are eligible may still be able to get
SNAP benefits.
•Proof of enrollment: CO Electronic Benefits Transfer (EBT) card
•For a family of 4, SNAP covers households below 36% Fort Collins/Loveland Family Median
Income
WIC -The Special Supplemental Nutrition Program for Women, Infants and Children
•The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
provides Federal grants to States for supplemental foods, health care referrals, and nutrition
education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum
women, and to infants and children up to age five who are found to be at nutritional risk. To
be eligible for this benefit program, you must be a resident of Colorado and one of the
following: Pregnant, or Breastfeeding, or Postpartum, or A child 5 years old or younger.
Individuals on Medicaid, TANF, SNAP or FDPIR are automatically income eligible.
•Proof of enrollment: CO Electronic Benefits Transfer (EBT) card
•For a family of 4 in Fort Collins, WIC covers households below 52% of Fort Collins/Loveland
Family Median Income
SNAP/WIC Eligibility Guidelines in Fort Collins
Each state sets eligibility guidelines. The graphic below shows the eligibility requirements in
Colorado.
ATTACHMENT 3
2
Reusable Bag Distribution for Low to Moderate Income Residents
A portion of the revenue collected from the bag fee will be used by the City to purchase
reusable bags that will be distributed to low to moderate-income residents. The City will apply
an equity lens and partner with the community to create an equitable plan for distributing bags
to low-income households. This is likely to include working with non-profits and government
agencies such as the Food Bank, Homeward Alliance, Larimer County Workforce Center, etc.
to distribute bags. Reusable bags will also be distributed through affordable housing properties
and at public events hosted by the City and community nonprofits. Participants in all City
income-qualified programs will receive notification about reusable bag distribution events. If
additional funding is made available in advance of receiving bag fee revenue, the City will
distribute reusable bags earlier.
Attachment IV: Survey Dissemination
The follow methods were used to advertise and disseminate the plastic pollution survey, posted on
https://ourcity.fcgov.com/plastics starting in mid-December and closing at the end of January.
• Press release
• Spotlight on City homepage
• Spotlight on Recycling homepage
• Social Media (Facebook, Twitter, Instagram)
• Various City Newsletters
o January City News
o Recycling Newsletter
o Business Newsletter
o CAP (Climate Action Plan) Newsletter
• Radio ads (in Spanish and English)
• Spotify digital ads
• Coloradoan Articles (two articles in the Coloradoan have covered the topic since mid-December)
Additional methods pending approval:
• Boosted Social Media posts
• NextDoor post
ATTACHMENT 4
Attachment V: Single Use Bag Policy Implementation Resourcing
Recommendation
To fund program implementation from June 2021 until bag fee revenue begins, staff
recommends an interim allocation. Staff recommends funding Scenario 2 ($87,500 in 2021),
and Councilmembers may also prefer funding Scenario 1 ($70,000 in 2021). If preferred by
Councilmembers, staff will:
•Develop off-cycle funding ordinance language to be considered simultaneous to the first
and second reading of the bag ordinance to fund implementation elements from Jun –
Dec 2021.
•Develop a BFO offer for the 2022 budget cycle for one-time funding for the
implementation elements from Jan – July 2022 (projected start date for bag fee revenue
to fund the program).0F
1
Context for Recommendation
To successfully roll out the single use bag policy in May 2022, work will begin in June 2021.
This attachment describes anticipated costs, which align with the assumptions made in the fee
summary attachment.
Funding could be provided via up to three different sources as shown in Figure 1.
Fig 1: Potential Funding Sources for Single Use Bags Policy Implementation
Date June 2021-Dec 2021 Jan 2022 – July 2022 June 2022 and
beyond
Proposed
funding
source
One-time off-cycle budget
allocation authorized by
ordinance in Feb 2021
BFO offer to be
developed for 2022 one-
time funding
Bag fee revenue
allocated through
BFO process
The communications and engagement campaign funding and number of bags purchased are
scalable. The following chart shows two potential scenarios.
1 It is possible that resource needs for 2022 could be covered by bag fee revenue, depending on timing and other
logistics. Staff is working to clarify but if fee revenue is not available, one-time funding from the general fund
would be necessary.
ATTACHMENT 5
Fig 2: Summary of Resource Scenarios for Single Use Bags Policy Implementation
Program element Scenario 1 Scenario 2
Reusable bags for low- and
medium-income households
$5,000 *
(3 bags each for 1,500
households)
$10,000 *
(3 bags each for 3,000
households)
Communications and
engagement campaigns
$30,000 *
moderate campaign
$60,000 *
substantial campaign
1.0 FTE to manage program $105,000 $105,000
Total costs in 2021 off-cycle $70,000 $87,500
Total costs in 2022 BFO
offer $70,000 $87,500
Total costs prior to fee
revenue funding availability $140,000 $175,000
* scalable based on Council direction
Element details
Staff
1.0 FTE classified staff member to
• roll out the program with community and grocers
• conduct equitable communications and engagement campaigns
• coordinate distributing free reusable bags to low- and medium-income households.
• continue to develop a comprehensive approach to addressing single use plastics.
Reusable bags
The City may want to purchase reusable bags for distribution to low and medium-income
households. Additional reusable bags are anticipated to be purchased using fee revenue once
the fee is in place.
Communications and engagement campaigns
This would fund initial campaigns until fee revenue begins, at which time it would be funded via
the fee revenue.
1Mitigating Plastics Pollution
Molly Saylor
ATTACHMENT 6
STRATEGIC
ALIGNMENT
Environmental Health
•4.4 Zero waste
•4.9 Poudre River health
BUDGET
Midcycle funding
•$35K each for
macroplastics and
microplastics
Plastics Pollution
2
COUNCIL
PRIORITY
Plastics Pollution
•Microplastics
•Macroplastics
Key Ordinance Details
Ty pe of policy Fee details Impacted
businesses
Program
ü Hybrid –banning
plastic bags,
putting fee on
paper bags
ü 12-cent fee on
paper bags
ü 50-50 split
between grocers
and City
ü Large grocers
over 10,000 sq ft.
ü Requires grocer
fee revenue plan
ü Plastic Pollution
Mitigation and Solid
Wa ste Reduction
Program
ü Covers direct and
systems costs
3
Additional Ordinance Details
Implementation Enforcement Risk Mitigation
•May 1, 2022
•Income qualified fee
exemption
•Compliance audit & data
collection
•Civil penalties
•Annual reporting
including performance
measures
•Public health
•Supply chain
•Start date
•Equity
4
Plastic Pollution Ordinance
Ordinance contains following ke y policy elements:
•Hybrid approach –ban plastic bags, 12-cent fee on paper
•Large grocers
•Fee split 50-50 between City and grocers
•Creates Plastic Pollution Mitigation and Solid Waste
Reduction Program
•Income-qualified exe mption
5
-1-
ORDINANCE NO. 026, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS TO
ESTABLISH REGULATIONS REGARDING DISPOSABLE BAGS AND MITIGATION
OF OTHER SOURCES OF SINGLE USE PLASTIC POLLUTION
WHEREAS, on March 3, 2015, City Council adopted Resolution 2015-030, updating
community greenhouse gas goals and targets to be achieved by 2020, 2030, and 2050; and
WHEREAS, staff has developed an implementation plan based on the accelerated goals
of the Climate Action Plan (“CAP”) and has identified several initiatives for immediate action
and investment based on guidance provided by the City Council; and
WHEREAS, City Council has also identified plastics pollution as a priority concern,
which aligns with the CAP goals of reducing greenhouse gasses and with the community’s Road
to Zero Waste goal to produce zero waste by 2030 and the City’s strategic objective to sustain
and improve the health of the Cache la Poudre River and all watersheds within the city; and
WHEREAS, because plastic makes up about 10% of waste landfilled as “municipal solid
waste”, mitigating plastic pollution will be a necessary component of achieving the City’s goal
of producing zero waste by 2030; and
WHEREAS, the use of plastic or paper disposable bags also has other significant impacts
on the environment on a local and global scale, including greenhouse gas emissions, litter, harm
to wildlife, atmospheric acidification, and water consumption, in addition to solid waste
generation; and
WHEREAS, plastic disposable bags must be separately recycled and when incorrectly
included in other recycling streams cause operational problems at recycling processing facilities;
and
WHEREAS, although disposable paper bags may have a lesser impact on waterways and
wildlife than disposable plastic bags, they have higher greenhouse gas emissions and water
impacts throughout their lifecycle; and
WHEREAS, Fort Collins consumers use approximately fifty (50) million disposable bags
from large grocers each year; and
WHEREAS, Fort Collins taxpayers bear the costs associated with the effects of
disposable bags on the solid waste stream, greenhouse gas emissions, the Cache la Poudre
watershed, litter, and other adverse impacts to their environment; and
WHEREAS, City Council has discussed various options for mitigating single-use plastic
pollution, including disposable plastic and paper bags, while continuing to study microplastic
pollution, at four Council Work Sessions on February 11, 2020, October 27, 2020, December 8,
2020, and January 12, 2021; and
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WHEREAS, by adoption of Resolution 2020-118 on December 15, 2020, City Council
directed development of an ordinance regulating the use of disposable bags and recognizing that
further regulation of single-use plastics may be adopted by future Council action; and
WHEREAS, City Council desires to adopt this ordinance to protect the public health,
safety and welfare, to maintain and improve the health of the Cache la Poudre watershed and to
further the City's Climate Action Plan and Road to Zero Waste, all of which serve the best
interests of the residents of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein as findings of
the City Council.
Section 2. That Chapter 12 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Article XIII which shall read in its entirety as follows:
ARTICLE XIII
REGULATION OF DISPOSABLE BAGS AND MITIGATION OF OTHER SOURCES OF
SINGLE USE PLASTIC POLLUTION
Sec. 12-300. Scope and Purpose.
The purpose of this Article is to protect the public health, safety and welfare, to maintain and
improve the health of the Cache la Poudre watershed and to further the City's Climate Action
Plan and Road to Zero Waste, all of which serve the best interests of the residents of Fort
Collins. The provisions of this Article shall be effective beginning May 1, 2022.
Sec. 12-301. Definitions.
The following terms used in this Chapter shall have the meanings ascribed to them below unless
the context clearly indicates otherwise:
Disposable bag shall mean a bag, other than a reusable bag, provided to a customer at a checkout
stand, cash register, point of sale, or other point of departure by any retail establishment for the
purpose of transporting and carrying away items purchased at the store. A disposable bag may
be made primarily of paper (a disposable paper bag) or plastic (a disposable plastic bag) or other
material that does not meet the standards for a reusable bag. Disposable bag shall not include:
(1) bags used by consumers inside the store, before the point of sale, to:
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a. package bulk items, such as fruit, vegetables, nuts, grains, candy or small
hardware items;
b. contain or wrap frozen foods, meat, or fish;
c. contain or wrap flowers, potted plants, or other items where dampness
may be a problem; or
d. contain unwrapped prepared foods or bakery goods.
(2) bags used to protect a purchased item from damaging or contaminating other
items when placed in a reusable bag;
(3) bags provided by pharmacists to contain prescription drugs; or
(4) newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in
packages containing multiple bags for uses such as food storage, garbage, pet waste, or
yard waste.
Disposable bag fee shall mean a fee collected pursuant to the provisions of this Article upon each
disposable paper bag provided to and used by customers to transport goods from the store. The
amount of the disposable bag fee shall be twelve cents ($0.12) per bag.
Large grocer shall mean a retail business within the city limits that is located in a permanent
building containing at least ten thousand (10,000) square feet of retail space, which operates
year-round offering for sale all or the majority of the following typical grocery departments:
staple foodstuffs, meats, produce, dairy products, frozen foods or other perishable items
primarily for human consumption. Large grocer shall not include:
(1) temporary vending establishments for fruits, vegetables, packaged meats, and
dairy; or
(2) vendors at farmers' markets or other temporary events.
Reusable bag shall mean a bag that is:
(1) designed and manufactured to withstand repeated uses over a period of time and
have a minimum lifetime of one hundred twenty-five (125) uses;
(2) made from a material that can withstand regular machine washing;
(3) if made from plastic material, not made of plastic film where thickness is
measured in mils;
(4) designed with the capability to carry minimum of twenty-two (22) pounds over
one hundred seventy-five (175) feet.
-4-
Vendor share shall mean six cents ($0.06) of the disposable bag fee.
Waste reduction program shall mean a plastic pollution mitigation and solid waste and litter
reduction program carried out by the City, which may include, without limitation:
(1) the administration and operation of the Waste Reduction Program and
administration activities to collect all disposable bag fees;
(2) activities and campaigns conducted by the City (or a contracted vendor) to
provide reusable bags to residents and visitors, educate residents, businesses and visitors
about the impact of disposable bags, trash, single-use plastics and other waste on the
waterways and environment and on the health and welfare of its residents and visitors,
the importance of reducing the number of disposable bags entering the waste stream and
to raise awareness about waste reduction and recycling;
(3) community clean-up events, City activities, and other community-led activities to
reduce or mitigate solid waste and litter;
(4) programs and infrastructure to facilitate and encourage the community to reduce
waste and recycle, including community-led efforts;
(5) creating, expanding, and maintaining equitable outreach and engagement
strategies, including a public website to educate residents on the progress of waste
reduction efforts;
(6) other activities directly related to the reduction of waste from disposable bags,
trash, single-use plastics and other waste and its impact on the waterways and
environment within the city and the Cache la Poudre watershed; and
(7) funding or providing other support for programs and activities conducted by
others in furtherance of these purposes.
Sec. 12-302. Prohibitions.
(a) No large grocer shall provide a disposable plastic bag to a customer at the point of sale.
(b) No large grocer shall provide a disposable paper bag to a customer at the point of sale
unless such bag is made of at least forty percent (40%) post-consumer paper material that is one
hundred percent (100%) recyclable and designed to carry purchases out of stores.
(c) Nothing in this Article XIII shall prohibit a large grocer from making reusable bags
available for sale or for no cost to customers.
-5-
Sec. 12-303. Disposable bag fee requirements.
(a) For each disposable paper bag a large grocer provides to a customer, the large grocer
shall collect from the customer, and the customer shall pay, at the time of purchase, the
disposable bag fee.
(b) All large grocers shall record on the customer transaction receipt the number of
disposable paper bags provided to each customer and the total amount collected from such
customer for the disposable bag fee.
(c) No large grocer may provide a rebate or in any way reimburse a customer for any part of
the disposable bag fee.
(d) No large grocer may exempt any customer from any part of the disposable bag fee for
any reason except as stated in § 12- 305.
(e) The vendor share of all disposable paper bag fees collected by a large grocer may be
retained by the large grocer and used in accordance with this subsection (e). Each large grocer
must create a plan for its use of the vendor share to implement the disposable bag fee program
and encourage customer use of disposable bags, which plan shall be approved by the City prior
to expenditure of the vendor share.
A plan for use of the vendor share shall be submitted for City approval for each calendar year
from 2022 through 2025, inclusive, and for each 4-calendar year calendar period thereafter. An
approved plan may be amended with the approval of the City. Each large grocer must use its
vendor share of disposable paper bag fees collected to implement and administer its approved
plan. An approved plan may include, but is not limited to, reimbursement of expenses for
signage, staff training, and support for customers in advance of the initiation of the disposable
bag fee, as well as ongoing expenses for compliance and promotion of the use of reusable bags.
No penalties or fines assessed for noncompliance may be paid using disposable bag fee revenues.
(f) Each large grocer shall annually report the number and type of disposable and reusable
bags it furnishes, the amount of disposable bag fee revenue collected, the number of reusable
bags sold, and any other elements of the approved plan for use of its vendor share. The City
Manager shall designate, from time to time, the form and timing of the annual report due under
this subsection.
(g) Nothing in this Article shall prohibit large grocers from providing incentives for the use
of reusable bags through credits or rebates for customers who bring their own bags to the point
of sale for the purpose of carrying away goods.
(h) Nothing in this Article shall prohibit customers from using bags of any type that they
bring into the store themselves or from carrying away goods that are not placed in a bag.
-6-
Sec. 12-304. Payment to and administration of the disposable bag fee by the City.
(a) All disposable paper bag fees collected in excess of the vendor share shall be paid by the
large grocer to the City of Fort Collins Finance Department and used for the operation and
administration of the waste reduction program.
(b) The City Manager shall administer the disposable bag fee and adopt (and may amend,
from time to time) the waste reduction plan consistent with the scope and purpose set forth in §
12-301 and the parameters of the definition set forth in § 12-302 above.
(c) The City Manager may adopt administrative rules and regulations to implement the
provisions of this Article.
(d) The City Manager and City Council may suspend the collection and payment of
disposable bag fees and other regulations set forth in or adopted pursuant to this Article as
deemed necessary due to public health emergencies or other unforeseen circumstances.
Sec. 12-305. Exemptions – Low Income Relief.
A large grocer may provide a disposable paper bag to a customer at no charge if the cu stomer
presents, at the time of purchase, a benefit card reflecting participation in a federal, state, county
or City income-qualified aid program, including but not limited to benefits delivered via
Electronic Benefits Transfer (EBT) such as the federal Supplemental Nutrition Assistant
Program (SNAP) or Supplemental Nutrition Program for Women, Infants and Children (WIC).
Sec. 12-306. Recordkeeping and Audits.
(a) Each large grocer shall maintain accurate and complete records of the disposable bag fees
collected under the provisions of this Article and the number of disposable bags provided to
customers, and shall also maintain such books, accounts, invoices, or other documentation
necessary to verify the accuracy and completeness of such records. It shall be the duty of each
large grocer to keep and preserve all such documents and records, including any electronic
information, for a period of three (3) years from the end of the calendar year in which the
documents or records were generated. In the event of an audit, investigation or other
enforcement action, records and documents must be retained until three (3) years after notice of
completion or resolution of such audit, investigation or enforcement action.
(b) If requested, each large grocer shall make the foregoing records available for inspection
and audit by the City during regular business hours so that the City may verify compliance with
the provisions of this Article. To the extent permitted by law, all such records shall be treated as
confidential commercial information.
-7-
Sec. 12-307. Reporting; Modifications.
(a) The City Manager shall provide to the City Council an annual report on implementation
and status of the matters described in this Article after the end of 2022 and each calendar year
thereafter, which shall address:
(1) equity impacts;
(2) compliance and outcomes including performance metrics related to number and
type of bags distributed; and
(3) presence of single-use plastic bags in the environment as a percentage of litter
removed from sensitive areas such as Natural Areas and the Poudre River; and
(4) Other relevant and complementary metrics consistent with the scope and purpose
of this Article as recommended by City staff.
(b) Without limitation, City Council reserves the authority and intends to evaluate and adjust,
whether by expanding, contracting or modifying, the requirements and provisions of this Article:
(1) based on stakeholder engagement or other unforeseen circumstances;
(2) to regulate single-use plastic items in addition to disposable bags; and
(3) to regulate the use of such items by vendors in the city in addition to large
grocers.
Sec. 12-308. Violations and penalties.
Any person who violates any provision of this Article, whether by acting in a mann er declared to
be unlawful or by failing to act as required, commits a civil infraction and shall be subject to the
penalty provisions of City Code subsection 1-15(f).
Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this article or
chapter.
Section 4. This Ordinance is necessary to protect the public health, safety, and
welfare of the residents of the city and covers matters of local concern.
-8-
Introduced, considered favorably on first reading, and ordered published this 2nd day of
February, A.D. 2021, and to be presented for final passage on the 16th day of February, A.D.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 16th day of February, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-1-
ORDINANCE NO. 027, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AND APPROPRIATING AN OFF-CYCLE FUNDING
REQUEST, CONTINGENT ON THE OUTCOME OF THE APRIL 2021 ELECTION,
TO SUPPORT INITIAL IMPLEMENTATION OF ORDINANCE NO. 026, 2021
ESTABLISHING REGULATIONS REGARDING DISPOSABLE BAGS
WHEREAS, City Council has identified plastics pollution as a priority concern, which
aligns with the City’s Climate Action Plan (CAP) goals of reducing greenhouse gasses and with
the community’s Road to Zero Waste goal to produce zero waste by 2030, as well as the City’s
strategic objective to sustain and improve the health of the Cache la Poudre River and all
watersheds within the city; and
WHEREAS, Council has considered and adopted Ordinance No. 026, 2021, Amending
Chapter 12 of the Code of the City of Fort Collins to Establish Regulations Regarding
Disposable Bags and Mitigation of Other Sources of Single Use Plastic Pollution (the
“Disposable Bag Ordinance”) regulating the distribution of disposable bags and future mitigation
of other sources of single-use plastic pollution; and
WHEREAS, Council has considered and adopted Resolution 2020-118 referring the
Disposable Bag Ordinance to a vote of the City’s registered electors at the April 2021 municipal
election; and
WHEREAS, contingent on the outcome of the April 2021 election, Council desires to
appropriate funds to support initial implementation of the Disposable Bag Ordinance, including
outreach, education and engagement and making free reusable bags available to the community,
prior to May 1, 2022, when the requirements of the Disposable Bag Ordinance go into effect; and
WHEREAS, this appropriation protects the public health, safety and welfare of the
residents of Fort Collins and serves the public purposes of maintaining and improving the health
of the Cache la Poudre watershed and furthering the City's Climate Action Plan and Road to
Zero Waste goals; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal
year such funds for expenditure as may be available from reserves accumulated in prior years,
notwithstanding that such reserves were not previously appropriated; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues to be received in that Fund during this fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
-2-
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of EIGHTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($87,500) for
expenditure in the General Fund in 2021 to support initial implementation of the Disposable Bag
Ordinance, including outreach, education and engagement and making free reusable bags
available to the community, provided the voters approve City-referred Ordinance No. 026, 2021,
at the April 2021 Election.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
February, A.D. 2021, and to be presented for final passage on the 16th day of February, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of February, A.D. 2021.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk