HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/25/2022 - DISPOSABLE BAG ORDINANCE REVIEWDATE:
STAFF:
January 25, 2022
Molly Saylor, Senior Sustainability Specialist
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Disposable Bag Ordinance Review.
EXECUTIVE SUMMARY
The purpose of this item is to review the Fort Collins' Disposable Bag Ordinance in the context of the State's
recent Colorado Plastic Pollution Reduction Act (HB21-1162), as well as recent stakeholder engagement, and
discuss opportunities for alignment and other amendments.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Which, if any, of the potential changes does Council support going forward?
2. If Council supports making changes to the Ordinance, does Council also support staff bringing a revised
Ordinance to consider for adoption in February?
BACKGROUND / DISCUSSION
Reducing Plastics Pollution is an adopted Council Priority, which aligns with the community’s Road to Zero Waste
goal to produce zero waste by 2030 as well as the goal to sustain and improve the health of the Cache la Poudre
River and watershed. Reducing plastic pollution by implementing the Disposable Bag Ordinance is an Our
Climate Future strategy in support of the Zero Waste Neighborhoods Big Move.
Past Council Action
• 2020-2021 - Council identified mitigating plastic pollution as a priority and worked with staff over the course of
2020 to craft the Disposable Bag Ordinance (Ordinance No. 026, 2021) which was adopted Feb 16, 2021 a nd
affirmed by voters on April 6, 2021. All Council materials are inventoried at
<https://ourcity.fcgov.com/plastics>.
Disposable Bag Ordinance Overview
• Adopted in February 2021; affirmed by voters in April 2021
• Effective May 1, 2022
• Bans plastic bags at large grocers (over 10,000 square ft.); 12-cent fee on paper bags
• Half of the 12-cent fee goes to grocers and the other half to the City
o Requires Grocer Fee Revenue Plan for grocers
o Creates new City program for Plastic Pollution and Waste Reduction
• Participants of any Federal, State, County of local income-qualified program are exempt from 12-cent fee
Staff Recommended Updates
The following sections reflect staff’s recommended updates to the Ordinance, including efforts to align Fort Coll ins
with the State’s policy, and to incorporate feedback from stakeholders. Council may also prefer to consider
alternative scenarios. Figure 1 illustrates the spectrum of possibilities for closely or loosely aligning to the State’s
January 25, 2022 Page 2
policy.
Details of staff recommendations are outlined in Figure 2 and a complete list of recommended changes and how
they compare to the State’s policy is included. (Attachment 1)
Figure 1. Spectrum of scenarios for loosely or tightly aligning to the State's policy
Figure 2. Staff recommendation for aligning and amending the Disposable Bag Ordinance to be complementary to State policy
and maintain local focus on equity and timing.
CONTEXT OF STAFF RECOMMENDATION
General
1. Timeline
o Recommendation: Maintain the Fort Collins timeline for changes to bags at grocers, recognizing
additional changes to bags and expanded polystyrene (Styrofoam) at other types of stores will come
through the State’s policy in 2023 and 2024.
o Current policy: Disposable Bag Ordinance is effective for large grocers as of May 1, 2022.
o Context of recommendation:
▪ Fort Collins voters supported the original effective date of May 1, 2022 and grocers have already
begun preparing.
▪ The State’s policy will require the City to lead extensive roll-out efforts because of the variety of stores
impacted. Staff can best support all Fort Collins businesses and community members with a
staggered approach, in which there is time to learn from the initial experience with grocers.
(Attachment 1)
Fee Elements
2. Fee amount
o Recommendation: Align to the State’s policy that charges a 10-cent fee per paper bag
o Current policy: 12-cent fee per paper bag
January 25, 2022 Page 3
o Context of recommendation:
▪ When adopted, the Disposable Bag Ordinance created a new Plastic Pollution M itigation and Solid
Waste Reduction program to which City fee revenue would be applied (Attachment 2), requiring 6-
cents per paper bag to conservatively cover costs.
▪ The combined impact of lowering the per bag fee but increasing the amount retained by t he City
maintains the necessary 6-cents per bag to run the program.
▪ See the following section on Fee Structure for more details on impacts to the City and grocers.
3. Fee structure
o Recommendation: Align to the State’s policy that splits the paper bag fee revenue 60-40 (City-grocer)
o Current policy: 50-50 split (City-grocer)
o Context of recommendation:
▪ Both a 50-50 split of 12-cents and a 60-40 split of 10 cents results in 6-cents of revenue per bag to
the City thus there is no impact to City revenues by making this change.
▪ Engagement with grocers found that aligning to the State’s fee and fee structure will streamline
processes state-wide and is the preferred path forward for the majority.
▪ Less fee revenue per bag leaves fewer funds available for grocers to recover costs related to the
Ordinance, which is a short-term concern for some grocers due to the impacts of supply chain
disruptions on availability and cost of reusable and paper bags.
Exemptions
4. Income-qualified exemption
o Recommendation: Maintain current broad exemption
o Current policy: Residents who participate in Federal, State, County, or local income qualified assistance
programs including WIC and SNAP who provide benefit cards at the point of sale would be exempt from
the paper bag fee (Attachment 3)
o Context of recommendation:
▪ The State’s policy limits exemptions to Federal and State food-based income-qualified programs,
which may miss participants in other programs, creating a disproportionate impact on low -income
households.
5. Allow additional exemptions
o Recommendation: Based on stakeholder input, allow further exemptions and exceptions to be developed
and granted via administrative rule, possibly allowing for hardships beyond income (e .g. disability, access
to a vehicle, etc.) or to address unique customer service situations.
o Current policy: No exemptions granted other than for recipients of income-qualified programs.
o Context of recommendation:
▪ Unique circumstances may create undue hardships for a variety of community members.
• Circumstances may be related to protected class and therefore can’t be addressed in the same
way a low-income exemption is designed. It will take additional time to explore, test and
implement thoughtful and equitable exemption rules for these cases.
o Example of undue hardship: Some community members with disabilities or medical
conditions need to order groceries for delivery, as they are unable to shop in -store. These
customers have no option to use reusable bags and avoid the pap er bag fee. They may also
experience a harder time handling paper bags, depending on their disability.
• Additional exemptions or exceptions may be needed to handle unique customer service
situations. Staff will best be able to support grocers and their customers in these scenarios if they
can quickly develop and test exceptions via City Manager -approved administrative rules.
January 25, 2022 Page 4
Definitions and Administration
6.Definitions
o Recommendation: Align definitions to the State’s policy, either by adopting the exact wording or by
aligning to the intent of the definition in cases where the policies are differently structured.
o Staff also proposes updating and aligning some non-substantive elements of the local Ordinance.
o A list of definitions for updating may be reviewed before Council adopts the final Ordinance. (Attachment
1)
COMMUNITY ENGAGEMENT
Staff had over forty conversations with disproportionately impacted community members and grocers to
understand concerns and ideas for how to make the transition to the new rules easier. General engagement
feedback can be categorized into the three themes detailed in Figure 3.
Engagement themes Engagement details
Ready to Go •Majority of people ready to make the change
•Many community members who are seniors, low-income, or disabled
already regularly use reusable bags
•Many people have experienced these changes in other cities
Supportive, with some
help needed
•Some community members are generally supportive, but may need
support to transition, such as access to free reusable bags and
detailed advance information on the changes
•Several groups specifically asked about ways to receive free or low-
cost reusable bags
Concern •A small number of community members expressed dislike of
regulations and/or specific parts of this Ordinance
o For example, several people said they would miss plastic
bags for convenience reasons or because they reuse them
•Community members with disabilities raised concerns about how the
Ordinance may increase barriers for people in their community
Figure 3. Engagement themes
Specific Engagement Feedback - “Storyboarding” method for communicating changes:
Based on feedback from People First (a local group of community members with intellectual and developmental
disabilities who advocate to reduce and remove barriers to equitable community access), staff will leverage more
“storyboard” based communication materials to help people understand what to do at the checkout. Storyboards
can help visual learners, people with intellectual and developmental disabilities, people who speak other
languages, and the general public. This builds on existing best practices for communicating waste guidelines
visually. (Attachment 4)
January 25, 2022 Page 5
NEXT STEPS
Staff anticipates the following next steps:
• Continue supporting early roll-out with grocers; stakeholders (February)
• Based on Council feedback, bring forward draft Ordinance (February)
• Council consideration of updated Ordinance (February/March)
• Launch community-wide communications and outreach campaigns (March-April)
• Ordinance goes into effect May 1, 2022
• Continue checking in with grocers and disproportionately impacted stakeholders (May -ongoing)
ATTACHMENTS
1. Staff Recommended Changes (PDF)
2. Disposable Bag Fee Study (PDF)
3. Income Qualified Relief (PDF)
4. Stakeholder Engagement (PDF)
5. Powerpoint Presentation (PDF)
Attachment I: Staff Recommended Updates to Fort Collins Disposable Bag Ordinance Note: The State’s Plastic Pollution Reduction Act addresses disposable bags and expanded polystyrene (Styrofoam). The following table compares only the elements of the two policies related to disposable bags. For more information on expanded polystyrene, see staff memo from September 21st, 2021. Element of Regulation Fort Collins Ordinance State Bill Staff Recommendation Recommendation No. Items regulated Plastic and Paper Bags Plastic and Paper Bags No changes – bag policies align NA Entities regulated Large grocers over 10,000 square feet with majority of typical grocery departments. All stores and retail food establishments (excepting restaurants meeting certain requirements and small stores). Maintain: Keep timeline for grocer implementation in 2022, integrating other types of stores through the State’s policy in 2023. 1 Implementation date May 1, 2022 - Plastic bag ban and paper bag fee. January 1, 2023 - Paper and plastic bags for fee January 1, 2024 - Plastic bag ban (paper bag fee continues) July 1, 2024 - Local regulation permitted if “as or more stringent.” Maintain: Keep timeline for grocer implementation in 2022, integrating other types of stores through the State’s policy in 2023. 1 Fee amount 12-cents/paper bag 10-cents/paper bag Align: Change Fort Collins’ fee to 10-cents/paper bag per grocer preference of state-wide consistency 2 Fee recovery 50-50 split (City - grocer). 60-40 split (City - grocer). Align: Change Ordinance to reflect 60-40 split between City and grocer (respectively) to be consistent. Note: City recovers 6-cents per bag in both scenarios, impact only to grocers. 3 ATTACHMENT 1
Fee use by City Various waste-related activities outlined in Disposable Bag Fee Study, aligned with State Bill. Administrative and enforcement costs and any recycling, composting, or other waste diversion programs or related outreach or education activities. No recommended changes – policies align. NA Fee exemptions Recipient of an income-qualified program. Recipient of State or Federal food assistance program. Maintain: Keep the City’s broader allowance for who can receive an income-qualified exemption as an important local equity element. 4 Other exceptions/exemptions N/A N/A Add: Based on stakeholder engagement, add language to the City’s Ordinance allowing the City Manager to make administrative rules to exempt other types of hardships. 5 Pre-emption Not addressed. Repeals blanket local pre-emption effective July 1, 2024; permits local government measures at least as stringent as State Bill on or after July 1, 2024 Maintain: Continue local implementation with original timelines, as written in local Ordinance, acknowledging there will be an approx. 1.5 year gap before the pre-emption is repealed. 1 Definitions and Non-Substantive Clean-up Disposable Bag Definition unclear on whether online shopping, pick-up and delivery are included. Definition of what is not considered a disposable bag lists many types of in-store bags. Clearly includes pick-up and delivery. Definition of what is not considered a disposable bag is more inclusive than Fort Collins’ Ordinance. Align: Local Ordinance will clearly include online shopping, pick-up and delivery. Align: Use the State’s definition to expand what is not considered a disposable bag. 6
Reusable Bag Definition intended to avoid stores from switching to thicker plastic film bags under the guise of “reusability”; sets high standards for the type of bags that can be given away by stores and includes a “machine washable” requirement. Definition intended to avoid stores from switching to thicker plastic film bags under the guise of “reusability”; sets high standards for the type of bags that can be given away by stores but without machine-washability requirement. Align: Rework local definition of reusable bag to align to the State’s policy for consistency. Note: Staff has learned very few wholesale reusable bags are labeled as machine washable and supports removing this to not be overly restrictive of stores offering promotional bags. Staff will continue to recommend bags be washed regularly as a best practice. 6 Grocer Fee Revenue Plan Requires grocers to create a Grocer Fee Revenue Plan outlining how they will spend their fee revenue. N/A Add: Clarifying wording that grocers may apply fee revenue to support efforts to reduce plastic pollution and improve recycling and waste reduction, in alignment with the way the City is permitted to use its revenue. 6 Signage Does not specifically require grocers to post signage. Requires grocers to prominently post signage about the carryout bag fee. Align: Integrate the same wording as the State’s policy. 6 Enforcement and fees City enforcement with standard code violation penalties. Allows City to define fines and penalties. No recommended change. NA Fee collection Remittance cadence undefined. Quarterly remittance. Align: Add language to Fort Collins Ordinance defining quarterly remittance. 6
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
Note: This attachment was originally created to support the initial adoption of the Disposable
Bag Ordinance and is being shared with Council again as a reference for Recommendation 4.
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
ATTACHMENT 3
2
SNAP/WIC Eligibility Guidelines in Fort Collins
Each state sets eligibility guidelines. The graphic below shows the eligibility requirements in
Colorado.
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.
3
1
Attachment IV: Stakeholder Engagement Summary
Key Takeaways
·Most people feel ready for these changes and will appreciate clear information on the
Ordinance details in advance
·Many people appreciate the opportunity to receive free reusable bags
·Continuing to build relationships with disproportionately impacted stakeholders and grocers
will help ease the transition
·Relationships will build a foundation to continue developing, testing, and implementing
strategies to ease burdens on disproportionately impacted stakeholders
Stakeholder-Specific Feedback
Grocers
·Who we spoke to:
·King Soopers
·Safeway
·Trader Joes
·Lucky’s Market
·Whole Foods
·Wal-Mart
·Sprouts
·Target
·Sam’s Club
·Natural Grocers
·Total of 17 meetings with 40 grocer employees so far with 8 more meetings
scheduled for February.
·Approach: Staff scheduled three preparation and engagement meetings with each chain
between December and February. The first two meetings focused on providing an overview
of the Ordinance and grocer requirements, including how to complete the Grocer Fee
Revenue Plan. Staff has used this engagement opportunity to receive feedback on different
elements of the Ordinance, feeding into Recommendations 1 and 5 for Council’s
consideration.
·What we heard:
·Grocers have encountered these Ordinances in other cities and often have
systems that can transfer to Fort Collins stores.
·Grocers are looking to understand the specifics of our Ordinance to get ready.
·Several grocers have corporate policies that support or align with this Ordinance.
·Several grocers mentioned they appreciate the partnership and support received
in advance of implementation and that they have a long runway to get ready.
·The majority of grocers support aligning to the State’s fee amount and City-
grocer split to increase consistency across the State.
·Some grocers also shared concerns about short-term supply chain impacts on
prices and availability of reusable and paper bags.
·Generally, there are a lot of pressures on grocers at the moment, ranging from
COVID impacts on staffing and supply chains to more local issues like the
Boulder fires and customer tensions.
ATTACHMENT 4
2
Disproportionately impacted stakeholders
· Who we spoke to:
· Seniors (e.g., some individual members of Senior Advisory Board, Senior Center
patrons)
· People with physical, intellectual, and developmental disabilities (e.g., People
First members, unaffiliated community members with disabilities)
· Low-income residents (e.g., CARE Housing Residents)
· Over 30 community members across all groups
· Note: Members of each of these groups may intersect with the others, for
example, many seniors we spoke to also have a disability
· Approach: Staff went to where people are in the community, offered information about
the Ordinance and facilitated open conversation around what questions or concerns
people had and what ideas they had to make the transition to the new bag rules easier.
Whenever possible, staff prioritized deeper conversations to understand perspectives
thoroughly and to build relationships and trust with these communities.
· What we heard:
· Many people
Will seek to avoid paying the 12-cents by bringing reusable bags.
Already use reusable bags, although sometimes forget them.
Support moving away from disposable plastic grocery bags.
Have experienced these changes in other cities they’ve lived in or visited.
Feel ready to make the change.
Expressed respect that the voters approved the Ordinance.
Like the idea of getting free reusable bags and wanted to understand
where to buy reusable bags.
Are aware of the impact of plastic bags on the environment.
· Several people
Are concerned about not having plastic bags to reuse for purposes such
as cleaning litter boxes and lining trash cans.
Are interested in more stores making cardboard boxes available to carry
out groceries (similar to the approach used currently at Costco, Sam’s
Club, and Natural Grocers).
Felt concerned about the hygiene of reusable bags and hopes City will
encourage people to wash bags regularly.
Shared observations that some will be upset about the cost but believe
the low-income exemptions will help.
Were curious what grocers think of the change.
Mentioned there will be an adjustment period and that it may be hard for
some at first.
Liked that the Ordinance does not apply to small grocers.
Like plastic bags because of how easy they are to use and will miss them
Use in-store plastic film recycling and wish more people would use it to
recycle plastic bags.
Feel confused about the State’s policy and how it will interact with our
local Ordinance.
Feel confused about grocery delivery and pick-up under the Ordinance.
Expressed that they were unaware of the impacts of paper bags on the
environment.
3
Wanted to make sure that the changes were communicated to their
community through effective channels.
Said they had a hard time picturing what to do at the cash register when
using reusable bags or paying for paper bags.
Dislike regulations generally.
Highlight: Storyboarding
Based on feedback from People First (a local group of community members with intellectual and
developmental disabilities who advocate to reduce and remove barriers to equitable community
access), staff will leverage more “storyboard” based communication materials to help people
understand what to do at the checkout. Storyboards can help visual learners, people with
intellectual and developmental disabilities, people who speak other languages, and the general
public. This builds on existing best practices for communicating waste guidelines visually.
Staff is exploring a deeper partnership with People First and The Arc of Larimer County to
create storyboards related to the Disposable Bag Ordinance. The final product will be integrated
into the community-wide communications and outreach campaign this spring.
More about People First and The Arc of Larimer County available at:
https://thearcoflarimercounty.org/about-us/
https://thearcoflarimercounty.org/what-we-do/people-first/
Disposable Bag Ordinance Review01-25-22Molly SaylorLead Sustainability SpecialistATTACHMENT 5
2Questions for Council1. Which, if any, of the potential changes does Council support going forward?1. If Council supports making changes to the Ordinance, does Council alsosupport staff bringing a revised Ordinance to consider for adoption inFebruary?
STRATEGIC ALIGNMENTEnvironmental Health• 4.4 Zero waste• 4.9 Poudre River healthBUDGETProgram funded by dedicated bag fee revenue• $120k in 2022 3Plastics PollutionCOUNCIL PRIORITYPlastics Pollution• Microplastics• Macroplastics
4Our Climate Future AlignmentThis strategy supports Big Move 2: Zero Waste Neighborhoods It also…•centers community bymaking fee revenue available for community-led or co-led projects •centers equity by partnering with historically underrepresented groups to design materialsOCF Approach in Practice – StoryboardingStoryboarding, suggested by People First, is an accessibility tool to visually let people know what to do in new situations. Storyboards can help visual learners, people with intellectual and developmental disabilities, people who speak other languages, and the general public.
5Fort Collins Disposable Bag OrdinanceWhat is the Fort Collins Disposable Bag Ordinance?• Adopted in February 2021; affirmed by voters in April 2021• Effective May 1, 2022• Bans plastic bags at large grocers; 12-cent fee on paper bags • Half of the 12-cent fee to grocers and the other half to the City • Requires Grocer Fee Revenue Plan• Creates new City program for Plastic Pollution and Waste Reduction• Income-qualified program participants exempt from 12-cent fee
6Developments Since AdoptionSince Council adoption and voter approval…• Passage of Colorado Plastic Pollution Reduction Act (HB21-1162)• Stakeholder engagement (grocers and disproportionately impacted groups)• Lead sustainability specialist hired to manage Ordinance and related Program• Initial distribution of reusable bags to low-income householdsBag Distribution - Phase I• 1,300 households• 3 bags / household• Includes tips and info
7Engagement ThemesReady to goSupportive, with some help neededConcernOutreach approach:• Go to where people are• Relationship building •“What questions or concerns do you have?”•“What could we do to make this easier?”Outreach to:• Seniors• Community members with low/moderate incomes• Community members with disabilities• Grocers
8Colorado Plastic Pollution Reduction ActWhat is the Colorado Plastic Pollution Reduction Act?• 2023 – All retailers to charge 10-cents per plastic or paper bag• Fed or state food assistance recipients exempt• Splits bag fee 60-40 (City-grocer).• 2024 – Plastic bags banned; Expanded polystyrene food containers banned at retail food establishments• Fee on paper bags continues• 2024 – Local government pre-emption clause repealed; local ordinances “as stringent or more stringent” than State’s policy ok
9Continuum of ScenariosContinuum of scenarios for Council consideration:Maintain local Ordinance as writtenAlign completely with StateStaff recommendation:Complementary policy (maintains timing and equity elements)
10Staff Recommended ChangesGeneral Fees Exemptions Definitions & Administration1. Maintain timeline for bag changes for grocers2. AdoptState paper bag fee of 10-cents3. Adopt State bag fee split between City and grocers (60-40)4. Maintainexemption for allincome-qualified program recipients5. Allow administrative rules for other exceptions6. Align toState definitions7. Clean up other non-substantive elements, as identified by Staff
11Discussion Point – Recommendations 2&3: Fee Amount and StructureConsiderations: •No impact to City revenue in either scenario – both result in 6-cents per bag to City• Majority of grocers prefer greater consistency across the State over higher grocer share• Change will mean fewer funds available to grocers for costs related to Ordinance• For example, may not cover paper bag costs with supply chain disruptionsCurrent status Proposed change12-cent fee per paper bag; 50-50 split (City-grocers)10-cent fee per paper bag; 60-40 split (City-grocers)• City – 6-cents/bag• Grocer – 6-cents/bag• City – 6-cents/bag• Grocer – 4-cents/bag
12Discussion Point – Recommendation 4: Maintaining Broad ExemptionCurrent statusProposed changeConsiderations: • State’s policy limits exemption to food-based assistance programs only• Broader definition may be considered “less stringent” than State’s policy and thus not aligned• Maintaining aligns with previous Council’s desire to exempt as many low-income community members as possibleCurrent status Proposed changeRecipients of any Federal, State, County or local income-qualified assistance programNone – maintain as originally written
13Discussion Point – Recommendation 5: Allowing Further ExemptionsConsiderations: • State’s policy limits fee exemption to food-based assistance programs only• Additional exemptions could be considered “less stringent” than State’s policy and thus not aligned• Allows staff to flexibly explore and test equity-focused exemptions and program elementsCurrent status Proposed changePaper bag fee can only be waived for income-qualified program recipients but not other hardships or in other necessary situationsAllow administrative rules to create additional exemptions (e.g. other hardships, safety sensitive situations, etc.) after further exploration and testing
14Next Steps & Timeline - Disposable Bag OrdinanceI. Support early roll-out with grocers; stakeholders (2021-February)II. Based on Councilmember feedback, bring forward draft Ordinance (2021-February /March)III. Council consideration of updated Ordinance (2021-February /March)IV. Launch community-wide communications; outreach (March-April)V. Ordinance goes into effect May 1, 2022VI. Continue checking in with grocers and disproportionately impacted stakeholders (May-ongoing)
15Questions for Council1. Which, if any, of the potential changes do Councilmembers support going forward? 2. If Councilmembers support making changes to the Ordinance, do Councilmembers also support staff coming back to Council in February with a revised Ordinance to consider for adoption?