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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/01/2014 - FIRST READING OF ORDINANCE NO. 099, 2014, AMENDINGAgenda Item 22 Item # 22 Page 1 AGENDA ITEM SUMMARY July 1, 2014 City Council STAFF Susie Gordon, Senior Environmental Planner SUBJECT First Reading of Ordinance No. 099, 2014, Amending Chapter 12 of the City Code to Establish Regulations Regarding Disposable Bags. EXECUTIVE SUMMARY The purpose of this item is to review a proposed ordinance that would require grocers to charge 10 cents for both single-use disposable plastic and paper bags at the check-out stand. All revenues from the sale of bags would be retained by the grocers, who would be required to use 50% of revenues to purchase durable shopping bags to be distributed for free to customers. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Since 2012, Fort Collins has investigated how to reduce the use of disposable bags in our community. The Council has received three staff reports (February 2013, March 2013, and May 2014) about options available for local jurisdictions to stem the flow of waste that is produced by single-use shopping bags. The 2013 proposal for a disposable bags fee ordinance was defeated on a split vote by City Council (3-3); it would have required grocers to charge a fee of 10 cents per single-use disposable plastic or paper bag, with the revenue to be split between grocers and the City. At the May 13, 2014 work session, staff presented a modified version of the ordinance. Council offered comments and requested staff to bring the ordinance back for adoption. As written, the proposed ordinance: • Requires grocers to apply a minimum cost of 10 cents per single-use disposable plastic or paper bag at the check-out register - Strictly defines the disposable bags as those used to bag up purchases at the point-of-sale and exempts other types of packaging such as produce bags used to contain bulk goods, and plastic bags used to prevent packages of meat from leaking • Provides that all revenue would be retained by merchants - Grocery stores will be required to spend a specified portion (50%) of revenues generated from sales of disposable bags to purchase durable bags that would then be offered at no cost (free) to their customers. The twenty-year history of regulations that have arisen to counter the flow of single-use bags entering the waste stream is well documented. Around the world and throughout the US, demonstrable reductions are Agenda Item 22 Item # 22 Page 2 shown to occur when restrictions are placed on the consumption of disposable bags; people become accustomed to bringing their own durable cloth or woven-plastic types of bags to hold shopping purchases. Typically grocery stores are targeted because of their 60% share in communities’ bags usage. In communities where mature programs have shown great success, such as San Francisco, regulations may be expanded to include other types of merchants/retailers. As discussed at previous Fort Collins City Council meetings, the number of US communities that have adopted restrictions on plastic and paper bags continues to grow. It includes a broad geographic distribution of cities from Washington, D.C., to Austin and Dallas, TX, Basalt, Aspen, Telluride, and Boulder in Colorado, San Jose, CA, Montgomery County, MD, and most recently Chicago. In a compelling illustration of effectiveness, Boulder’s 10-cent/bag ordinance has achieved a 68% reduction in single-use bags since it went into effect in July 2013. Fort Collins’ ordinance is not aimed at banning plastic bags (nor paper ones), which is another approach that has been taken elsewhere. In Fort Collins, grocery store customers will continue to have a choice to receive disposable shopping bags as long as they are willing to pay for them along with their other purchases. The purpose of adopting a local ordinance is to prevent the negative impacts that are attributed to disposable bags: • Contributing to the volume of discarded material that enters landfills, albeit a nominal amount of about 220 tons per year in Fort Collins • Climate change: a source of 772 metric tons of carbon dioxide equivalent (CO2e) emitted from Fort Collins • Litter and habitat degradation, including in natural areas and water conveyances • Reduction in value of recyclables (plastic bags are a contaminant when mixed with single-stream items such as paper, cans and bottles), and • Excessive maintenance costs at recycling plants, where plastic bags routinely tangle up conveyer belts and equipment. Information from the literature is often used to define how many disposable bags, on average, most people use since actual data from the grocery industry, which is reluctant to impart proprietary information, is difficult to obtain. Brendle Group, a local consulting firm hired by the City to evaluate options for reducing consumption of single-use bags in October 2012, reported that an annual 342 bags per capita are used in Fort Collins, of which 60% (205 bags) come from grocery stores. It may be easier to reconcile each person’s experience with this number when it is broken down to four bags per week. Nonetheless, the total number of bags estimated to be used in Fort Collins yearly - over 52 million - is so large as to be hard to comprehend. Finding alternatives to single-use products such as disposable bags is an important objective of Fort Collins’ 2013 Road to Zero Waste Plan and adopted Zero Waste goals for the community. Learning new habits to use durable bags is the first step toward other new “reuse” patterns that become incorporated into people’s daily lives Adoption of the ordinance is expected to have the following results: • Encourage source reduction and re-use, leading to expanding efforts to other products • Help meet goals to divert trash from landfills and reduce greenhouse gas emissions • Reduce “life-cycle” impacts of single-use bags - such as impacts from material extraction and production -- by transitioning to a bag type with lower life cycle impacts • Reduce litter and pollution in the community, and globally, including plastic bags in trees and waterways. FINANCIAL / ECONOMIC IMPACTS A cost of 10 cents per shopping bag will create a new income stream for the 20 grocery stores in Fort Collins - as much as $1.6 M in the first year of implementation. As the table below shows, half of this revenue applied to Agenda Item 22 Item # 22 Page 3 the purchase of durable bags suggests everyone in the community could potentially receive at least three free durable shopping bags in the first year. Estimated Revenue from Sales of Disposable Grocery Check-out Bags 2014 2015 2016 Fort Collins' population (DOLA projections) 154,131.00 156,982.42 159,886.60 Estimated number of disposable bags used at 342/person/year (assumes reduction by half every year due to behavior change) 52,712,802.00 26,843,994 13,670,304 Number of bags (60%) from grocery stores 31,627,681.20 16,106,397 8,202,182 Charge per disposable bag sold $.10 $.10 Revenue generated at grocers from bag fee $ 1,610,640 $820,218 Percent of revenue to be spent by grocers on purchase of reusable bags 50% 50% Amount of revenue available to be spent on purchase of reusable bags $805,320 $410,109 Number of reusable bags that could be purchased by grocers using disposable bags revenue $0.35/bag 2,300,914 1,171,740 $0.75/bag 1,073,760 546,812 $1.50/bag 536,880 273,406 Annual number of free reusable bags available per citizen $0.35/bag 15 7 $0.75/bag 7 3 $1.50/bag 3 2 Staff anticipates that distribution of free bags may be accomplished various ways, at the discretion of the grocery stores, such as rewarding customers who have earned “loyalty points”, as part of special promotional events or sales, or, supplying bags to certain customer groups (e.g., in support of food distribution at local food pantries). The City intends to offer grocers durable-bag logo design options but not to require that they use a prescribed design. On the other hand, at 10 cents per bag, it could cost the average citizen as much $20.52 per year in new costs if they elect to not switch to using durable shopping bags. The benefits of having fewer disposable bags to clean up in public areas will save the City money; however, staff is unable to quantify the costs savings to overall litter programs from a reduced number of disposable bags. Having fewer disposable bags will also save money at recycling plants in Denver, where Fort Collins’ recyclables are taken for processing, and will improve their efficiency and profit margin. ENVIRONMENTAL IMPACTS An ordinance restricting the use of single-use disposable bags will have a small but measurable impact on the community’s waste stream. According to Brendle Group, an estimated 220 tons/year of plastic bags from Fort Collins are sent to landfills for disposal, which represents 0.2% of the waste stream that Fort Collins sends for landfill disposal (no data were available for disposable paper bags). Both single-use plastic and paper bags cause other types of environmental damage. Plastic is a very visible problem in maritime states and communities, where a serious consequence of plastic bag pollution is lethal harm to marine life that ingests bags or get tangled in them, and plastic litter can float around (for example, in large garbage “patches” that have now been found in all the world’s oceans) and wash onto shores. For landlocked Fort Collins, plastic bag litter may disappear with the wind or be broken down by sunlight and weather into smaller pieces. These bits of plastic are still pollutants, even if they don’t resemble the bags they started off as; however, the magnitude of environmental problems caused by plastic particulates in the soil and other substrates are poorly understood. Agenda Item 22 Item # 22 Page 4 On the other hand, critics of restrictions on bags will point out that replacement bags, such as cotton fabric bags, create their own carbon footprint and may not be environmentally sustainable because of reliance on fertilizer, pesticides, and herbicides. The report by Brendle Group concluded that reusable bags made from cotton or non-woven plastic have lower life-cycle impacts across these categories than any single-use bag (assuming the bag is used many times). According to a 2007 report by Sustainability Victoria (Australia), which compared life cycle analyses of shopping bag alternatives, reusable, non-woven plastic (polypropylene) bags were found to achieve the greatest environmental benefits. That study reported that “reusable bags have lower environmental impacts than all of the single-use bags; a substantial shift to more durable bags would deliver environmental gains through reductions in greenhouse gas, energy and water use, resource depletion and litter.” While plastic “film” bags and paper shopping bags are both recyclable, there is insufficient data on bag consumption and recycling quantities to estimate their current recycling rate in Fort Collins. There are at least 25 sites where plastic bags are locally accepted for recycling, including all grocery stores in town. Paper bags are widely recyclable, not only at public drop-off locations but also in single-stream curbside collection programs offered by residential haulers. Social Impacts One of the most oft-heard arguments against changing to durable bags is the potential for pathogens such as bacteria to be carried on the cloth bags brought into stores by shoppers to hold their purchases. Two articles published in the US in 2012 brought this issue to light, which has caused some to be concerned about the spread of health epidemics. While staff has been unable to find any science-based research or evidence that correlates reusable bags with human health impacts, there is no question about the importance of regularly washing durable bags. This is an important message to underscore, along with the suggestion that shoppers may wish to designate a specific bag to be used to hold any meat purchases. Charges for disposable bags may be waived by grocery stores for shoppers who use food stamps. Another way to minimize negative impacts on low-income citizens is for stores to donate durable bags to organizations like the Fort Collins Food Bank for use in distributing free food. Enforcement An implementation date of January 2015 is recommended to allow grocers to prepare for the requirement to charge for shopping bags. A violation of the proposed ordinance will constitute a civil infraction. In the first few months of implementation, it would be appropriate to apply an educational approach that ensures grocers understand the new requirements; followed later by enforcement (citations) if/when compliance is not achieved. As part of the ordinance, grocers will be required to provide data to the City on the number of disposable bags sold to customers; this information will allow Environmental Services staff to monitor stores’ implementation actions. Implementation In order to provide awareness about the new program to decrease the use of disposable bags, a contest will be held to create attractive, fun, and Fort Collins-specific artwork to decorate durable bags. Staff will research bag manufacturers’ products and select a sturdy, good quality bag that can be ordered in bulk quantities at a price of around $1.00 each (or lower, if manufacturers can deliver a washable bag that meets the City’s specifications for durability). Throughout the summer, staff will solicit entries in the art contest, with the goal of awarding a winner in September/October. The resulting artwork/graphics will be prepared for use on bags and an order will be placed by the City for as many as 6,000 durable bags to be given away to citizens later in the year, in Agenda Item 22 Item # 22 Page 5 anticipation of the ordinance going into effect in January 2015. Grocers, and other merchants and retailers, will be invited to use the contest-winning artwork on the bags they purchase for distribution to their customers. (Staff has learned that some stores are willing to consider this offer, while others are unable to make a commitment to print a Fort Collins-specific bag until and unless they receive corporate approval.) BOARD / COMMISSION RECOMMENDATION At its April 16, 2014 meeting, the Natural Resources Advisory Board (NRAB) unanimously recommended that Council move forward with an ordinance regulating single-use disposable bags. PUBLIC OUTREACH During 2014, a variety of public engagement methods were used to obtain comments about the proposal to limit disposable bags. On multiple occasions, letters and e-mail messages were sent to grocery store representatives to inform them of the City’s interest in adopting local restrictions on disposable bags. In March, two press releases were issued and a “soapbox” article was published in the Coloradoan, as well as e- newsletter articles. An Open House was held on April 3 to allow the public to discuss its comments directly with staff. A dedicated web page was maintained that allowed people to enter comments on-line and comments were also received through Twitter and Facebook messages. After the May 13 work session and in advance of the July 1 hearing, staff again communicated with the grocery store industry and local stores to apprise them of final recommendations for the proposed ordinance. ATTACHMENTS 1. Natural Resources Advisory Board memo, April 14, 2014 (DOCX) 2. Public Comments (DOCX) 3. Other Communities-Regulations and Results (DOCX) 4. Work Session Summary, May 13, 2014 (PDF) 5. Powerpoint presentation (PDF) Attachment 1 1 MEMORANDUM FROM THE CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD DATE: April 18, 2014 TO: Mayor and City Council Members FROM: Joseph Piesman on behalf of the Natural Resources Advisory Board SUBJECT: Disposable Shopping Bags The Natural Resources Advisory Board (NRAB) heard a presentation from staff regarding disposable shopping bags. Several approaches were discussed for reducing the use of disposable shopping bags in Fort Collins. The following motion was proposed: The Natural Resources Advisory Board recommends that Council move forward with an ordinance that would serve to reduce the number of disposable bags used in this community. The motion passed unanimously on a vote of 6-0 in favor. Please feel free to contact me regarding this recommendation. Respectfully Submitted, Joseph Piesman Chair, Natural Resources Advisory Board 691-6697 j.piesman@comcast.net cc: Darin Atteberry Susie Gordon Attachment 2 1 July 1, 2014 Regular Council Meeting- Disposable Bags Ordinance Public Comments (Spring, 2014) Community Comments & Questions Carol Newland Phone message Will ordinance actually increase sales of plastic bags for people who use them for waste baskets – can you use compostable bags – she likes the current system with bag credit because reward is better than punishment. Mary Lou Thomas Phone message If people have to buy plastic bags they will stop picking up their dog’s poop because they are currently using them for free. Suzie McIlroy 3/10/14 I actually agree with the charge for plastic bags to reduce use. Especially in Walmart I feel they use a LOT of plastic bags and I often move contents into one bag and return the extra. However, I have one major comment. Will plastic bags still be free for covering items such as raw chicken? I saw a documentary on TV regarding reusing bags for grocery purchases and there was salmonella and other germs in the bags where people had not separated such items. It seems unfair if a plastic bag was not provided for some items that really need to be wrapped for health reasons. Ann Wagner 3/11/14 This email is to express my strong support for a fee to be applied to plastic or paper bags obtained at Fort Collins stores. My husband and I have been using reusable cloth bags for many years, and figure we have probably saved hundreds or even thousands of plastic or paper bags in that time. There is no reason that the entire population can't be "trained" to use reusable bags, and the fee for single-use bags is probably the best way to do that. I hope the Council will implement some type of fee system to discourage single-use bags. Dave Mitchell 3/11/14 I haven’t heard anyone address the resulting increase in plastic kitchen trash bags? Like most people, we use the shopping bags in lieu of kitchen and bathroom trash bags. Obviously, if you ban the shopping bags then we have to buy kitchen trash bags…Are those better for the environment? Don Whitson STOP TRYING TO BOULDARIZE this community. Enough is enough. The proposed prohibition on single use plastic bags is going too far; AGAIN. The so-called independent consulting report is like reading a report on global warming written by second graders who had just been told by their teacher the world is coming to an end. I can rebut every so-called benefit from banning single-use plastic bags. Every plastic bag we receive is re-used for secondary purpose that would otherwise require a plastic bag from another source, unless the City is suggesting we re-use bags to pick up dog poop and empty cat litter boxes; among a hundred other things. This idea is poorly conceived, based on others of the most liberal cities in the country and was already defeated here. I deplore your staff's strategy to put forth the issue until you simply wear down the council members and their constituents. You will not wear me down. I am taking a stand finally. First, we will not shop in Fort Collins if this passes. We have the capacity to make a stand and shop outside the city limits. We don't need another attempt to make us politically correct like some other city. The City might well find itself with a very large unfunded mandate when KFCG does not get extended if you keep this up. Ed Armintrout People being forced to leave the city because of high housing costs. I can afford this Attachment 2 2 bags, which can be unsanitary if something leaks in them; packers at the stores use their options and can put leaking groceries into plastic bags and then put them in the reusable bags (should shoppers then be charged because the packer did the right thing to protect health?). Additionally, the cost of groceries is soaring and allowing merchants to pocket a “bag fee” is just another way for them to make money—and most of these plastic bags are so shoddy that they can’t be reused at all! Let our citizens make their choices. This is NOT Boulder North. Kathleen Maloney About twenty years ago, I made a set of reusable, cotton, grocery bags. I switched to reusable bags for three reasons. My homemade bags are much stronger than the bags I receive at the store. Most importantly, my homemade bags reduce the number of plastic bags that accumulate at my house. An added bonus I was unaware of when I made my bags, is that many stores would refund 5 cents per bag for each reusable bag I used. Obviously, I am a big fan of reusable bags. I do have to question, however, why we can’t use reward and patience to make this change in our society instead of punitive measures. More and more people are making the switch to reusable bags every day. These folks are making the switch because they have discovered it is nice using a bag that won’t fall apart and leave their groceries rolling down the driveway. These people also want to do what they can to help our environment. Since reusable bags have become more popular, most stores have abandoned their nickel per bag refund policy. It is interesting how people view a "refund" more positively than they do a "fee". The results are the same but it feels better to think one is getting a "refund". I would like to encourage Fort Collins to try a little patience and positive reinforcement in their attempt to change the behavior of our community. Instead of adopting a punitive system like Boulder, Fort Collins could show the world that her well-educated, environmentally conscious citizenry can achieve similar results without legislation. Let’s see if we can get some results with the carrot before we turn to the stick. Les Hammer Only rich environmentalists dispose of plastic grocery bags after one use. Everyone else I know of uses them for waste basket liners and pet clean-up bags (rather than getting special bags for that purpose). Marilyn Nierman I applauded that change and the recycling initiative. As for myself I re-use my plastic and paper bags and would not like these feed. I admit that I don't understand the total environmental impact of single-use paper and plastic bags in FC, and were a plastic bag fee approved, because of cost I would purchase plastic for my re-use needs rather than pay a fee per bag. Environmentally, I can appreciate a fee on plastic (NOT paper) and would support such a measure. Maybe there should be a city tax (or higher city tax) on citizen activities that affect environmental resources more, like: restaurant waste, soda/pop dispensers, toilet flushes, etc. Mike Schwab Why would the city create a system that mandates these corporations to make a huge profit off a plastic bag? They buy them for around $0.01 and sell them for $0.10. Does this help the working class in Fort Collins? The fee will have no real impact on anyone but the poor. If you don’t like plastic bags just ban them rather that adopt some policy meant to enlighten us foolish peasants who are not smart enough to think for ourselves. Tim Sutton I strongly oppose this fee. My family uses cloth bags for groceries whenever we can, but sometimes we get our groceries in the plastic bag. We fill our recycle can to the brim every two weeks and have the smallest trash can. We NEVER throw away the plastic bags unless they are used for something----garbage, dog feces, etc. If plastic bags are not available from the grocery store, we will just have to purchase them somewhere else. Attachment 2 3 done independently, I might believe it. But at this point, I wouldn’t put much stock in the study. Marybeth Snyder I totally and completely reject the idea that our city government has ANY involvement in the grocery bag issue. I firmly believe that the role of government does NOT include telling a business what they can and cannot offer their customers. Please let private enterprise prevail. If people don't like a store that offers plastic bags as a courtesy to their customers, they should not shop there. People bringing their own bags has its risks as well: bags that are reused eventually become quite dirty and are sliding along the checkout stand surface where my food purchase now sits. These bags have been on the ground, on the dog blanket, stained by food spills, been around sick people; heaven only knows where they have been. Bill and Carol Evans I urge the city to "educate, not legislate" in regards to the use of disposable "one time use" plastic bags. The study paid for by the city about 2 years ago indicated that education was minimally effective. Perhaps there needs to be more effective education programs regarding the use of bags, rather than establishing a fee. Years ago there was a policy at some grocery stores that they would pay the customer 5 cents a bag if the customer brought in their own bags to use. This small incentive appealed to some, though it was often overlooked by the cashiers (in our experience). You want to encourage a positive behavior, then BE positive about it, rather than taking a negative (fee, penalty) approach. Work with the local retail community to determine how they can work together with the marketplace/business community to encourage use of reusable bags. As an example, if you make a purchase at the GoLite store and need a bag for your purchase (but don't have one with you), the retailer provides you with a reusable bag (at no charge-- guess what? It's got their name on it and will get re-used and serve as a constant advertisement wherever it is seen!). Ray Martinez 3/15/14 I’m in favor of getting rid of plastic bags in the grocery stores that council is proposing (10 cent fee to the customers), but the biggest nuisance is the news source (newspaper bags). Maybe the news media should be charged a dime a bag as well…but I don’t think we are better off with doing away with them all together, including door hanger plastic bags and the news media’s plastic bags. This wouldn’t be a bad idea for Loveland City Council to do as well. A joint venture with the two cities may help get the county on board too…. I don’t think the store should keep the money, but the City should retain the funds for education, and maybe providing free non plastic bags for consumers…it could have some inserts with educational material about easy ways to recycle as well. Linda Stanley 3/16/14 I'd like to urge you to adopt a fee for plastic bags. Approximately, 150 communities around the country have adopted either bans or fees, and there is significant evidence that these work. The Denver Post today had an interesting editorial about bag fees: http://www.denverpost.com/opinion/ci_25344676/plastic-bag-bans-and-fees-work-so- whats?IADID=Search-www.denverpost.com-www.denverpost.com A bag fee is an example of what economists call a Pigouvian tax. A Pigouvian tax is a tax that is applied to a market activity that is generating negative externalities, in this case an environmental cost that is not being accounted for in the market. The cost is borne by those who did not choose to incur the cost. When there are externalities, markets are inefficient, and Pigouvian taxes are commonly recommended by economists as a remedy for this inefficiency. So let's make the marketplace more efficient by adopting the bag fee. Cari Brown 3/21/14 Attachment 2 4 $1 for a bag? If this fee isn't to be capped, then I believe that language needs to be added requiring stores to clearly mark the price per plastic bag at the store entrance. Without this, customers can discover a nasty surprise at the cash register. Third, I do wish that the fees collected wouldn't stay with the stores entirely. I think that some of the fees should go to help people of lower income purchase good quality reusable bags. Otherwise, I fear that this fee could put a burden on families who are living on the brink of poverty. It's not unreasonable that families will need to purchase at least $20 worth of reusable bags (cheaper ones just don't last more than a trip or two). For some families, this cost will be a great burden. Fourth, I do believe that this fee should be kept small - at least in the first months. Assuming that this passes, I believe that any amount over 5 cents for the first 6 months is a little much. Families will take time to adjust. A smaller fee is easier to swallow during a transition time. Deb Ham (Facebook) I think that recycling by carrying your own bags to the store, having recycled bags for people to use as they come in the door and not totally banning the bags, but reducing the use of the bags is the right thing to do. There’s no way around the fact that the bags are needed to disposed of dirty diapers, elderly’s briefs and doggy poop disposal. What else can people do in the case of those needs. They’d be singled out as outcasts for the needed use of these bags. Perhaps someone wants to make a cheap waterproof cloth bag for disposals. Judee N Kent Robinson (Facebook) I think it is a bunch of crap The poor will get poorer…the middle-class will get poorer I personally WON’T pay extra…I will just have the cashier put all the stuff in another empty cart or I will just shop in Loveland If this is to sell reusable bags…I think there should be a tag attached to the bag that says “wash me after every use”. Krystle Schaneman (Facebook) Unless you can regulate that all people enter the store with freshly cleaned bags, and this goes into effect, I will not shop in Fort Collins! I am in favor of recycling and being conscious of the environment but I am NOT in favor of enforcing the spread of bacteria, e-coli and any other harmful bacteria that will be spread onto shopping carts, produce and groceries! Because let’s face it people carry these unwashed breeding grounds(reusable bags) in their bare hands, push a cart, pick up fruit and vegetables, open freezer and cooler doors all while leaving behind these nasty bacteria…This is a big health risk waiting to happen! Marsha Lehr (Facebook) I would really encourage the charging of fees for plastic bag use. As I see them hanging from trees and fences, it makes me even more aware of the problem locally, not to mention landfills and water debris that is making it hazardous for our wildlife. Photogenix,etc (Facebook) I reuse my bags either by lining a trash can or emptying the litter boxes into them. I’d be willing to use paper bags for the litter which break down in the dumps much quicker than plastic. I’m really on the fence because I do have the reusable bags, but I forget to bring them. I do not know if I’d wash the reusable bags…but if I’m forced/encouraged to bring my reusable bags I don’t see how e-coli would get on them in my house. Best scenario for reusable is to unpack groceries & immediately put back in your vehicle for next time. Rebecca Rambo-Greene (Facebook) Just bring your own bags. It’s so simple. In fact, it’s so simple that I think plastic bags shouldn’t even be an option. Scott Thomas Holmes (Facebook) Attachment 2 5 (to be recycled) in a location by checkout lanes (or even by the carts) - a person could put one in a grocery cart to put their groceries in. Do NOT charge more than 5 cents / bag...after all, groceries are a necessity. Susan Atkinson Glenn 4/3/14 Absolutely! My family and I endorse the ordinance of a mandatory fee per bag. This is an important first step toward completely banning the disposable bag. Everyone should be using reusable shopping bags, but that habit doesn't kick in easily, especially when the majority is not doing it. Part of developing a new shopping habit is monetary incentive, the other is social pressure. This kind of social change & acceptance of a new standard across ALL SHOPPERS will be needed in order to achieve next steps toward zero waste. Ian Beaney 4/3/14 Open House Every molecule of plastic ever made is still on the earth today. I don’t see how we could keep this going without having one-use bags around the earth. Georgia Locker Open House I want the city to ban plastic bags, also water bottles. Both use too many resources Myrne Watrous 4/3/14 Open House I am in favor of banning plastic bags at the checkout counter. I would like to have access to the brown paper bags at the checkout counter. Garry Otto Open House Fees on bag = less money to give to the Food Bank. Fees on bag – less money to pay rent and mortgages. So much for affordable housing. Educate about how/why to recycle. Don’t impinge on our freedoms! Eugene H. Boorte Open House I am against charging for plastic bags, plus it is a health issue. I am for encouraging recycling of plastic bags through an education/information program. Mike Proznick Open House 100% opposed to any fee going to business. Need data and systems approach; if these bags are so bad, then ban them. Which is better - to reuse grocery bag for trash or my tall kitchen bags for trash? What is impact of driving durable bags in my car so I have them when I go to store? What is added water use of washing durable bags? What is added landfill use of durable bags? Why not require BIO Bags? Do Super Target/Walmart get competitive advantage? Asma K. Henry Open House All plastic bags should be banned. Using cloth bags is easy and there is no evidence of infection is transmitted by reusable bags. Bags made with petro chemicals hurt all of us. Erin Reichert Open House I’ve been using my own bags for about 5 years. It’s a habit to grab grocery list and grab my bags. No foodborne illness for me Jim Wade Open House NO! SILLY! Meg Dunn Open House Vitamin Cottage is great example of a local working model. I heartily support more stores going toward similar model. Joseph Piesman Attachment 2 6 want to have your produce run over the same checkout counter as the person that used a reusable bag that carried a leaky package of ground beef two months ago? In addition to potential medical consequences of food borne infections, there are economic costs. Although I'm sure you believe your regulations are well meaning I believe they will lead to increasing health care costs or worse. Currently there is a little allowance for free will here; I can choose the more sanitary option and you can choose the reusable option. What's wrong with that? You don't have to use your power to take away the free will of those with different priorities. Plastic bags don't get recycled and paper bags presumably do so why are you asking to restrict both-or are you? Economics 101 would tell you that the price of any product is already in its price at the checkout including the cost of production, transportation, labor, facilities and, yes, the bag it goes out in. So my question is why do we need another law? Lindsay Morgan If we can send people to the moon why can’t we produce a bag that can be saved, collected and returned to be remade into new bags over and over? Or a bag that eventually breaks down and dissolves, like paper only not paper from trees? I know all of us who reuse these plastic bags to line our in-home garbage bins are going to miss them and start buying plastic bags off the store shelves to avoid garbage messes in their kitchen and bathroom bins. This doesn’t help the plastic bag solution much. How about the stores charging patrons for plastic bag use? Let’s see…when “making money” is involved, corruption is often a result. Will the stores toss fewer items in each bag, so the patron uses more bags and the store makes more money? There needs to be a reward of some kind for those who bring their own bags, which might generate a stigma on those who don’t. It could be a cumulative thing/a punch card for “bag bringers”/ and a reward or discount of some kind for 25 or 50 punches. Something that encourages people to think environmentally and be rewarded for their efforts will be a much more successful plan. Bevin 4/30/14 (AQ forum) I am totally for it! We must do this now. Kate Rentshlar (AQ forum) I think this is a great idea Bob Bach (AQ forum) Plastic bag fee good idea; good to know that plastic bags can be recycled. Carrie Watkins (AQ forum) Love and support this idea. Really hope this passes. Greg McMaster (AQ forum) I think we need to proceed quickly in implementing a 10-cent per bag fee. Make the fee sufficient to catch the public’s attention and switch to using reusable bags. In the meantime people can afford a dollar or two to learn. David Dietrich (AQ forum) I am totally in favor of breaking the bag habit in Fort Collins. I have visited a number of areas that have bag bans and it causes no problems. Please pass he proposed Fort Collins bag ban. Attachment 3 Summary Results in Other Communities from Disposable Bag Restrictions Key Ordinance Details Results Austin, TX 2013 Bans single-use disposable plastic & paper shopping bags 90% reduction single-use disposable bag waste Boulder, CO 2013 Charges 10¢ / disposable plastic or paper grocery bag 68% reduction in use of plastic & paper grocery bags since ordinance effective July, 2013 San Jose, CA 2010 Bans single-use disposable plastic bags in all retail stores, charges 10¢ / paper bag Reduced plastic bag litter 89% in storm drain systems, 60% in creeks and rivers, and 59% in streets and neighborhoods Washington, D.C. 2010 5¢ / disposable plastic & paper bags (food or alcohol stores) 80% reduction in usage of plastic and paper bags ATTACHMENT 4 1 Disposable Bags Ordinance City Council July 1, 2014 Regular Meeting Susie Gordon, Sr. Environmental Planner Attachment 5 2 Background • November, 2012 worksession – City investigating range of options to limit disposable bag – Triple Bottom Line analysis (consultants) showed that: – Groceries are the source of 60% disposable bags – Both paper and plastic bags have impacts • March, 2013 regular meeting – vote (3-3) on ordinance whereby grocers must charge for bags; City split revenue with grocers • May 13, 2014 worksession – Council revisited options, directed staff to bring to hearing • July 1, 2014 regular meeting 3 Outcomes of Ordinances on Bags • Local regulations result in 80-90% reductions in consumption of disposable bags; several models: – Some ban all disposable bags – Some require charge on all bags – Others ban plastic bags, charge for paper bags – No data on effect of non-regulatory alternatives (e.g., nickel credit per durable bag brought in) • Creates new consumer habits: bringing re-usable bags for shopping leads to other re-use habits • Addresses Zero Waste goals and climate goals • Citizen interest in restricting single-use bags 4 Over 133 US City/County Bag Regulations Key Ordinance Details Results Austin, TX 2013 Bans single-use disposable plastic & paper shopping bags 90% reduction single-use disposable bag waste Boulder, CO 2013 Charges 10¢ / disposable plastic or paper grocery bag 68% reduction in use of plastic & paper grocery bags since ordinance effective July, 2013 San Jose, CA 2010 Bans single-use disposable plastic bags in all retail stores, charges 10¢ / paper bag Reduced plastic bag litter 89% in storm drain systems, 60% in creeks and rivers, and 59% in streets and neighborhoods Washington D.C. 2010 5¢ / disposable plastic & paper bags (food or alcohol stores) 80% reduction in usage of plastic and paper bags 5 Restrictions in Other Countries Key Ordinance Details Results Denmark 1993 $3.97 / kg of plastic & paper bags (retailers, not shoppers) 60% reduction in usage of plastic and paper bags Hong Kong 2007 6¢ / plastic bag in major supermarkets and chain stores 75% reduction in usage of plastic bags in affected stores Ireland 2002 20¢ / plastic bag Greatly reduced litter, 90% reduction in plastic bags within 5 months of implementation South Africa 2003 Bans thin plastic bags, set charge for thicker plastic bags 90% reduction in usage of plastic bags 6 Elements of Fort Collins Ordinance • Grocers must charge minimum 10 cents per bag at the check-out register – Does NOT include produce bags or plastic liners to prevent packages of meat from leaking, etc. • Grocers must submit data to City on bag usage • Revenue retained by grocery store – Half must be spent on purchase of durable bags, to be distributed to customers for free • Start implementation January, 2015 7 Ordinance Definition: Food Store • Retail business located in a permanent building of 5,000 square feet or more • Operating year-round as a full-line, self-service market (staple foodstuffs, meats, produce or dairy products or other perishable items) • Food stores exclude: – temporary sales of fruits, vegetables, meats & dairy, such as farmers markets – businesses where food is incidental (no more than 2% of a business’s gross sales) 8 Ordinance Definition: Reusable Bag • Life span of 75 uses • Able to withstand regular cleaning, disinfecting • Able to hold 18 pounds or more • At least 2.25 mils thick if made from plastic Note: research suggests wholesale costs range from 99 cents to $1.25 for durable bags, depending on amount of bags ordered from manufacturers 9 Environmental Impacts of Bags • 50 million disposable bags used in Fort Collins – 60% are from grocery stores (205/person/year) • Restrictions on bags help reduce: – 220 tons/year plastic buried in landfills – 772 metric tons of carbon emissions – litter and habitat degradation for City natural areas and water conveyances – break-downs at recycling processing plants – small particles of plastic from bags broken down by sunlight and weather, which pollute soil and waterways 10 Environmental Impacts, cont. • Wind-blown plastic bags pollute marine ecosystems, cause lethal impacts to marine life, and form garbage gyres in oceans • Both plastic bags and paper bags create emissions and resource consumption impacts 11 Economic Impacts of Ordinance • New income for grocery stores but expected to decline 50% each year as customers learn to bring durable bags 2015 $1.6 M new revenue 50% spent on bags = $805,000 2016 $820,000 new revenue 50% spent on bags = $410,000 • Could cost $20/year for grocery shoppers if no change in bringing durable bags – Stores may elect to not charge food stamp customers • Decreases cleanup costs in public areas • Improves efficiency, profit margin of recycling facilities 12 In Summary, an Ordinance Will: • Contribute to local culture of waste reduction and re-use – Provide financial motivation to engage in re-use – Lead to further reuse habits • Divert trash from landfills and contribute to Zero Waste • Help meet goals to reduce greenhouse gas emissions • Reduce life-cycle impacts of single-use bags (material extraction, production, disposal, etc.) • Reduce stray litter and pollution in the community, and globally, including plastic bags in trees and waterways 13 Public Outreach in Fort Collins • Multiple communiques to grocery corporations • Press releases • Soapbox article published in Coloradoan • E-newsletter articles • Open house April 3 – Attended by 30 citizens • Dedicated web page – “Submit comments” section • Messages on Twitter and Facebook 14 Advance Publicity – Bags Ordinance City will create a local contest for fun/unique artwork design (and message) to decorate Fort Collins’ durable bags, and: • Identify a manufacturer that offers quality bags at low cost • Purchase 6,000 bags decorated with award-winning art • Invite others to order Fort Collins-unique bags directly • Encourage grocers to use Fort Collins’ artwork to decorate durable bags made by their manufacturer-of-choice During summer/fall, City will provide additional community outreach explaining charges on bags, effective in 2015, and: • Remind citizens of the importance of washing bags often • Distribute 6,000 Fort Collins-unique bags to citizens 15 Grocery Store Sanitation Concerns • Institute for Law & Economics article, Dec. 2012, cited 46% increase in San Francisco rate of E. coli-related illnesses as a result of their ban on disposable bags – Communicable Disease & Control Prevention Division: • Did not substantiate the data • Doubted if strains of E. coli in bags would be the kind to make someone sick • Solution is to wash reusable bags more often • Food Protection Trends, Aug. 2011, reported E. coli bacteria present in half of 84 reusable bags tested from consumers entering grocery stores – Hand or machine washing reduces bacteria in bags by >99.9% - 1 - ORDINANCE NO. 099, 2014 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 WHEREAS, the City, through its policies, programs, and laws, supports efforts to reduce the amount of waste deposited into the landfill and to pursue waste minimization as a long term goal by emphasizing waste prevention efforts; and WHEREAS, the use of plastic or paper disposable bags has severe impacts on the environment on a local and global scale, including greenhouse gas emissions, litter, harm to wildlife, atmospheric acidification, water consumption, and solid waste generation; and WHEREAS, even when recycled, plastic disposable bags cause operational problems at recycling processing facilities; and WHEREAS, although disposable paper bags are perceived by some as being more environmentally friendly than disposable plastic bags, the manufacturing, transport, recycling, and disposal of paper bags consumes a substantial amount of environmental resources; and WHEREAS, Fort Collins consumers use approximately fifty (50) million disposable bags from food stores each year; and WHEREAS, the disposable bags provided by food stores make up approximately sixty (60) percent of the disposable bags used by Fort Collins consumers; and WHEREAS, some food stores do not provide disposable bags to their customers, thereby avoiding the environmental impacts associated with the use of such bags; and WHEREAS, the City’s taxpayers bear the costs associated with the negative impacts of disposable bags; and WHEREAS, from an overall environmental and economic perspective, the City believes that the best alternative to the continued use of disposable bags is to promote the use of more durable, reusable bags; and WHEREAS, studies document that when customers are charged for disposable bags, the use of such bags is dramatically reduced; and WHEREAS, the City Council believes that requiring food stores to charge for the use of disposable bags would help address the environmental problems associated with such use, would relieve City taxpayers of the costs incurred by the City in connection therewith, and would be in the best interests of the City. - 2 - 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 IX which shall read in its entirety as follows: ARTICLE IX DISPOSABLE BAGS Sec. 12-137. 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. Disposable Bag shall not include: (1) bags used by consumers inside the store, before the point of sale, to: 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. Food store shall mean a retail business within the City limits that is located in a permanent building containing at least five thousand (5,000) square feet of retail space, that operates year round as a full-line, self-service market offering for sale staple - 3 - foodstuffs, meats, produce, dairy products or other perishable items for off-premise human consumption, and that provides disposable bags to customers. Food store shall not include: (1) temporary vending establishments for fruits, vegetables, packaged meats, and dairy; (2) vendors at farmers' markets or other temporary events; (3) businesses at which foodstuffs are an incidental part of the business; For the purposes of subsection (3) above, food sales will be considered to be “incidental” if such sales comprise no more than two (2) percent of the business’s gross sales in the City as measured by the dollar value of food sales as a percentage of the dollar value of total sales at any single location. Reusable Bag shall mean a bag that: (1) is designed and manufactured to withstand repeated uses over a period of time; (2) is made from a material that can withstand regular cleaning and disinfecting; (3) is at least two and one-quarter (2.25) mils thick if made from plastic; (4) is designed to have a minimum lifetime of seventy (75) uses; and (5) has the capability of carrying a minimum of eighteen (18) pounds. Disposable bag charge shall mean a cost imposed by a food store pursuant to the provisions of this Article upon each disposable bag used by customers to transport goods from the store. Sec. 12-138. Disposable bag charge requirements. (1) For each disposable bag a food store provides to a customer, the food store shall collect from the customer, and the customer shall pay, at the time of purchase, a disposable bag charge of no less than ten cents ($0.10). (2) All food stores shall record on the customer transaction receipt the number of disposable bags provided to the customer and the total amount collected from such customer for the disposable bag charge. (3) No food store may provide a rebate or in any way reimburse a customer for any part of the disposable bag charge. - 4 - (4) No food store may exempt any customer from any part of the disposable bag charge for any reason except as stated in Section 12-140. (5) Nothing in this Article shall prohibit food stores 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. (6) Nothing in this Article shall prohibit customers from using bags of any type that the customers bring into the store or from carrying away goods purchased by such customers and that are not placed in a bag. Sec. 12-139. Retention and administration of the disposable bag charge. (1) Subject to the requirements of subsection (2) below, all monies collected by a food store for any disposable bag charge may be retained by the food store. (2) Each food store must use at least fifty (50) percent of the revenue derived in each calendar year from the imposition of disposable bag charges to procure and distribute to its customers, free of charge, reusable bags. (3) The City Manager shall administer the disposable bag charge and may adopt administrative rules and regulations to implement the provisions of this Article. Sec. 12-140. Exemptions. A food store may provide a disposable bag to a customer at no charge if the customer provides proof that he or she is a participant in a federal or state Food Assistance Program. Sec. 12-141. Audits. (a) Each food store shall maintain accurate and complete records of the disposable bag charges 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 food store to keep and preserve all such documents and records, including any electronic information, for a period of three years from the end of the calendar year of such records. (b) If requested, each food store 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. - 5 - Sec. 12-142. Violations and penalties. Any person who violates any provision of this Article, whether by acting in a manner declared to be unlawful or by failing to act as required, commits a civil infraction and shall be subject to the penalty provisions of Subsection 1-15(f) of this Code. Sec. 12-143. Severability. If any provision, paragraph, clause or word of this Article is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that the effect of such decision shall be limited to the provision that is expressly invalidated. Such decision shall not affect, impair or nullify this Article as a whole or any other part, and the rest of this Article shall continue in full force and effect. Section 3. The provisions of this Ordinance shall take effect January 2, 2015. 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. Introduced, considered favorably on first reading, and ordered published this 1st day of July, A.D. 2014, and to be presented for final passage on the 15th day of July, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of July, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Open House I am in favor of charge of 5¢ per plastic bag. City could make reusable bags available for general public at various events. Lynn Lutkin Open House Education to whole community on pro’s of recycling. Get students and news outlets involved. Then have a trial period to try this and then vote on it. Need more research on facts pro and con. Make merchants use specific education, etc. There has to be rules for the good of the public. Vivian Armendanz Open House Citizens already do our BEST to “recycle”. NOT in favor of “charge/fee”. Citizens DESERVE the FREEDOM OF CHOICE. Charging citizens who are low-income etc. this is going to affect us. Phil Rozenski 4/9/14 . I work with Hilex Poly, an industry leading manufacturer and recycler of plastic bag and film products. I want to reiterate that there remains a viable alternative to bag fees that should be considered: recycling. We remain eager to work with policy makers to design effective solutions that maintain a healthy environment without bans, fees or taxes, which all hurt consumers and put manufacturing jobs at risk. Gene Locken 4/14/14 Sustainability is a factor but other factors come into play for me as well. As a pharmacist, I feel more than a little sensitive to this issue. I feel it has been well documented that reusable bags are a bacterial cesspool. While it is true that I can wash my reusable bag between every use, for this to be effective you would have to be guaranteed that every other customer did the same thing. If not, the grocery cart, the counter, the scanner and the grocery clerk would have to be disinfected. Do you Oppose Skye Autumn (Facebook) Down with the plastic bags!!! Vivian Armendariz (Facebook) I think it SUCKS!!! NOT in favor of this ordinance. Casey Malsam (Facebook) 3/24/14 Awesome! Gary Otto (Twitter) 3/25/14 City Government proposing a tax on plastic bags. They don’t care they are taking food away from the hungry. Shame on them! Rene Olms (Twitter) So you are going to FORCE the grocer to charge for a bag and make them keep the profits? Sounds like our federal government… Marian Romero 3/26/14 A plastic bag fee seems a punitive action; start out on a positive note by encouraging people to bring in reusable bags with a bag credit (like Sprouts) - at least for a promotional time period (3 - 6 months) to get people in the habit. Please encourage recycling with "rewards" of some kind. Grocery stores could put some of their boxes I would like to voice my support and concern over the proposed single use grocery bag fee. First, I think it is a wise move to help greatly reduce a massive amount of trash. My family is very careful to collect plastic bags when we forget to bring reusable ones for recycling; however, I believe we are the exception rather than the rule. I can personally say that this fee with GREATLY motivate me to remember my reusable bags more often. Second, I am concerned that this fee is a "minimum." I do believe that any fee imposed should be strictly regulated. Otherwise, what is to stop a store from charging As far as the study in Boulder that showed 68% less bags in the trash----studies that are done by city staff often are slanted to support their position. If this study had been fee but I won't unless absolutely necessary. Just across I-25 is a Walmart Supercenter in Timnath and a Costco under construction. Centerra is eating the lunch of local retailers and Longmont isn't that far away. Apparently our local leaders slept through their economics classes in college. This constant nannying by our local government simply has to stop. Edwin Neset I am totally against a fee for the use of plastic bags. We never take a bag unless needed and when we do we use them to pick up dog waste when walking. We also use reusable bags as much as possible and I don’t see why we should have to pay extra for the plastic bags when buying something where a bag is needed. Joyce Oppenheimer Too many choices are now being taken away from our citizens. Responsible individuals reuse bags, plastic or paper. Others choose to bring their own reusable