HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2014 - ITEMS RELATING TO DISPOSABLE BAGSAgenda Item 21
Item # 21 Page 1
AGENDA ITEM SUMMARY August 19, 2014
City Council
STAFF
Susie Gordon, Senior Environmental Planner
SUBJECT
Items Relating to Disposable Bags.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 099, 2014, Amending Chapter 12 of the City Code to Establish
Regulations Regarding Disposable Bags. (Option 1)
B. First Reading of Ordinance No. 112, 2014, Amending Chapter 12 of the City Code to Establish
Regulations Regarding Disposable Bags (Option 2)
At the May 13, 2014 Work Session, City Council directed staff to prepare an ordinance to reduce the number
of disposable bags distributed by grocery stores at checkout registers. On July 1, Ordinance No. 099, 2014
was adopted by a vote of 5-2 (nays: Weitkunat, Troxell) on First Reading.
Council directed staff to postpone Second Reading of Ordinance No. 099, 2014 to August 19, to allow more
time for Councilmembers to review public input on disposable bags. An informational meeting held July 30
(attended by 50-60 people) allowed the public to receive answers from staff and Councilmembers on specific
questions regarding the proposed ordinance.
The “Option 2” ordinance has also been developed for Council’s consideration. Option 2 has been written at
the request of multiple Councilmembers to take a new approach at an ordinance that could help reduce the
use of disposable bags in Fort Collins.
STAFF RECOMMENDATION
Staff recommends Option 1, whereby Ordinance No. 099, 2014 is adopted on Second Reading with a
suggested minor amendment that would make the ordinance automatically expire in five years. This period of
time would allow the Council and the community to monitor how effectively disposable bags usage in Fort
Collins is reduced as a result of a charge of 10 cents on grocery checkout bags.
With respect to Option 2, in the event that Option 1 (Ordinance No. 099, 2014) is voted down and a vote is
made to adopt Ordinance No. 112, 2014 on First Reading; the City staff offers a provisional recommendation
for adoption contingent on further analysis of implementation details.
BACKGROUND / DISCUSSION
Council has examined local restrictions on the use of disposable bags for two years. During March and April,
staff sought public comment on a proposal designed to reduce single-use bags at grocery stores by as much
as 80-90%, based on research about similar ordinances that have been implemented in over 133 communities
around the country.
Agenda Item 21
Item # 21 Page 2
Subsequently, Council reviewed the proposal, directed staff to bring it forward for formal action, and voted to
adopt the ordinance for a “10 cents/bag” requirement for grocery stores in Fort Collins on July 1. At the
scheduled Second Hearing on July 15, Council voted for a postponement.
Several Councilmembers then requested that staff prepare a second option for consideration at the August 19,
2014 meeting; this proposal departs significantly from the original proposal and is further described below as
Option 2.
Option 1 is Second Reading of Ordinance No. 099, 2014 as originally presented to Council and adopted on
First Reading July 1, 2014.
Staff is recommending adoption of the original ordinance, and suggests that Council consider amending the
ordinance to add a sunset clause that would terminate the requirement after five years.
Creating a specific end-date to the ordinance may help assure the community that if significant reduction in
disposable bags usage does not occur as a result of the City’s actions, and therefore the City Council does not
elect to deliberately renew the ordinance at some point within the next five years (before December 31, 2019),
Fort Collins’ requirement for grocers to charge for disposable checkout bags will expire.
Option 2
First Reading of Ordinance No. 112, 2014 amending the City Code would apply the following provisions:
1. All retailers, with the exception of temporary vendors of food products, farmers’ markets, and
restaurants (as defined in the Land Use Code) that offer disposable bags to customers for the purpose
of holding purchases would be required to do the following:
a. Prominently display disposable bag recycling bins at their business locations (and recycle the bags
deposited in the bins);
b. Provide disposable bags only upon the express consent of the customer after informing the
customer of the charge per bag;
c. Charge no less than the actual cost per bag for each disposable bag provided including retailers’
costs for being in compliance with the City’s ordinance, and state the number of bags, cost per
each and total, as a separate item on the sales receipt. There was an addition to the definition of
“disposable bag charge” in the Ordinance compared to the ordinance that was distributed to the
public last week. The addition clarifies that the disposable bag charge includes not only the cost of
the bag itself to the retailer, but also the costs associated with the disposable bags, such as costs
of handling and transporting the bags, and costs to administer the provisions of the Ordinance.
d. Maintain records of the disposable bag charges collected, and make them available for audit by
the City.
2. Retailers would be allowed to set the cost for disposable shopping bags based on the full cost incurred
by the retailer to provide each bag.
3. The City Manager would be directed to evaluate opportunities for use of biodegradable animal waste
bags and other refuse bags in City operations, implement City practices that promote reduction of use
of disposable bags, and eliminate the use of disposable bags where feasible.
3. The City Manager would be directed to develop an innovative awareness and conservation campaign
to educate the public about the financial and environmental costs of using disposable bags. If funds
are available, educational materials, the City will produce educational materials for use by retailers
upon request.
4. Newspapers that regularly deliver to customers must obtain written consent from customers to use
protective plastic delivery bags and may only use them when wet weather conditions are reasonably
expected.
Agenda Item 21
Item # 21 Page 3
5. The Ordinance sunsets after a one-year period of implementation to allow City Council to evaluate the
effectiveness of the implementation of the Ordinance.
ATTACHMENTS
1. First Reading Agenda Item Summary (w/o attachments) (PDF)
2. Powerpoint presentation (PDF)
Agenda 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
ATTACHMENT 1
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)
1
Disposable Bags Ordinance
City Council
August 19, 2014
Regular Meeting
Susie Gordon, Sr. Environmental Planner
ATTACHMENT 2
2
Background
• November, 2012 worksession
– City investigating range of options to limit disposable bag
– Triple Bottom Line analysis (consultants)
• 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
– First Reading of Ordinance No. 099 (approved 5-2 vote)
– Second Reading postponed to August 19
3
Goal of Disposable Bag Ordinance
• Contribute to waste reduction and re-use, identified as
key strategies to achieve Zero Waste
– Provide financial motivation to engage in re-use
– Lead to further re-use habits
• Also:
– Divert trash from landfills
– Help 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
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
Survey of Other Communities
City Public health
issues
Impacts to low
income residents
Shoppers go outside
city
Austin, TX No direct
situations have
ever been found
No reports. Gave
away 1,000s of
bags to low
income residents
Haven’t seen anything
drastic happen
Los Angeles, CA Since January start
date, haven’t
received a single
complaint on
health issues
Not an issue.
Stores required to
give free bags to
residents on state
assistance
programs.
None. Most cities near
LA have similar
ordinances
Port Townsend,
WA
No reports of any
health issues
Very few issues;
people have
become used to
the change
Sales tax revenues
have held steady
6
City Public health issues Impacts to low
income residents
Shoppers go
outside city
San Jose, CA No instances have
been reported
Haven’t seen any
impacts to low-
income residents
No loss in revenue
WA DC No issues have
occurred. DC staff
recommends folks
wash bags 1Xweek
Worked with non-
profits to target low-
income families and
gave out 100,000
bags
Recent survey
showed people are
not leaving the
District to shop.
Seattle, WA City has never seen
any documented
issues with public
health
None documented;
ordinance exempts
people in state and
federal assistance
programs
Chain-stores have
reflected a 5 %
reduction
7
Option 1 - Ordinance No. 099, 2014
• Adopted on First Reading, July 1
– Grocers must charge minimum 10 cents per
bag at the check-out register
– Revenue retained by grocery store; 50% spent
on purchase of durable bags for customers
– Maintain records of charges collected and
make them available for audit by the City
• Second Reading postponed for more public input
– Grocery industry representatives
– Public Q&A meeting held July 30, attended by
50-60 people
8
Option 2 – Ordinance No. 112, 2014
All retailers (except temporary vendors of food
products, farmers’ markets, & restaurants) must:
• Provide on-site recycling for disposable plastic
and paper bags
• Provide disposable bags only upon express
consent of customers
• Charge at minimum actual cost per bag (including
complying with City ordinance) and list on sales
receipt
• Maintain records of charges collected and make
them available for audit by the City
9
Option 2 (continued)
• City directed to evaluate options to use
biodegradable waste & refuse bags in operations,
and reduce/eliminate disposable bags as feasible
• City will develop education campaign on financial
& environmental costs of using disposable bags,
make materials available for use by retailers
• Newspapers that deliver to customers must obtain
written consent to use protective plastic bags, and
may only use them in wet weather conditions
• Council reviews after 1 year to evaluate options
for moving forward
10
Ordinance Options for City Council
to Consider
Option 1
Second Reading of Ordinance No. 099, 2014
Option 2
First Reading of Ordinance No. 112, 2014
- 1 -
OPTION #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,
- 3 -
that operates year round as a full-line, self-service market offering for sale staple
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, to the extent permissible under the relevant 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 19th day of August, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of August, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 1 -
OPTION #2
ORDINANCE NO. 112, 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 consume a substantial amount of environmental resources; and
WHEREAS, some retailers 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 retailers 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.
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.
- 2 -
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:
Consent to purchase shall mean a customer understands there is a charge for a disposable
bag and agrees, by words or actions, to purchase a disposable bag.
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 retailer for
the purpose of transporting and carrying away items purchased at the retail location.
Disposable Bag shall not include:
(1) bags used by consumers inside the retail location, 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 prevent 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) door-hanger bags, dry cleaning bags, or bags sold to the end user in packages
containing multiple bags for uses such as food storage, garbage, pet waste, or yard waste.
Disposable bag charge shall mean a cost imposed by a retailer for each disposable bag it
provides to a customer; the minimum amount of which is the actual cost to the retailer in
acquiring such disposable bag. Actual cost includes, but is not limited to, the cost of
transportation and handling of each disposable bag, the cost of each bag, and the cost to
administer the requirements of this ordinance.
- 3 -
Newspaper company shall mean any corporation, business, or company that provides to
customers any publication, printed on newsprint, intended for general circulation, and
published regularly at short intervals, containing information and editorials on current
events and news of general interest.
Retailer shall mean any person selling, leasing or renting tangible personal property or
services at retail. Retailer shall include any of the following:
(1) auctioneer;
(2) salesperson, representative, peddler or canvasser, who makes sales as a direct or
indirect agent of, or obtains such property or services sold from, a dealer, distributor,
supervisor or employer; and
(3) charitable organization or governmental entity that makes sales of tangible
personal property to the public, notwithstanding the fact that the merchandise may have
been acquired by gift or donation or that the proceeds are to be used for charitable or
governmental purposes.
Retailer shall not include:
(1) temporary vending establishments for fruits, vegetables, packaged meats, and
dairy;
(2) vendors at farmers' markets, garage sales, or other temporary events; or
(3) any establishment that is a type of restaurant as defined in the City’s Land Use
Code.
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.
Sec. 12-138. Disposable bag requirements.
- 4 -
(a) For each disposable bag a retailer provides to a customer, the retailer shall collect
from the customer, and the customer shall pay, at the time of purchase, a disposable bag
charge.
(b) No retailer may provide, and no customer may receive, a disposable bag unless
such customer has given consent to purchase such bag.
(c) Each retailer that provides disposable bags to customers shall record on the
customer transaction receipt the number of disposable bags provided to the customer, the
charge per disposable bag, and the total amount charged for the disposable bag or bags
received.
(d) Each retailer shall provide, and prominently place at any retail location at which
disposable bags are provided to customers, a disposable bag recycling bin for use for
recycling of disposable bags. Each such retailer shall recycle all recyclable disposable
bags collected for recycling.
(e) No retailer may provide a rebate or in any way reimburse a customer for any part
of the disposable bag charge.
(f) No retailer may exempt any customer from any part of the disposable bag charge
for any reason except as stated in Section 12-142.
(g) Nothing in this Article shall prohibit a retailer from providing incentives for the
use of reusable bags through credits or rebates for customers who bring their own bags to
the point of sale for the purpose of carrying away goods.
(h) Nothing in this Article shall prohibit customers from using bags of any type that
the customers bring into a retail location or from carrying away goods purchased by such
customers and that are not placed in a bag.
Sec. 12-139. Retention of the disposable bag charge.
All monies collected by a retailer for any disposable bag charge may be retained by the
retailer.
Sec. 12-140. Subscription newspapers.
(a) Any newspaper company that provides for regular delivery of newspapers to
customer premises must obtain customer written consent for the use of protective
newspaper bags for delivered newspapers each time the customer begins or renews a
newspaper subscription. A newspaper company must permit the customer to request that
protective newspaper bags only be used when wet weather conditions are reasonably
expected.
- 5 -
(b) If requested, each newspaper company 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.
Sec. 12-141. Administrative rules and regulations.
The City Manager may adopt administrative rules and regulations to implement the
provisions of this Article.
Sec. 12-142. Exemptions.
Any retailer that participates in a federal or state food assistance program 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, to the extent permissible under
the relevant program.
Sec. 12-143. Audits.
(a) Each retailer shall maintain accurate and complete records of the disposable bag
charges collected under the provisions of this Article, the cost of acquiring such bags, and
the number of disposable bags provided to customers. Each retailer 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 retailer 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 retailer 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.
Sec. 12-144. 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. 12-145. 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.
Sec. 12-146. Sunset.
- 6 -
The provisions established in this Division shall terminate and be of no further force and
effect on April 1, 2016, unless this sunset provision is repealed or modified by the City
Council.
Section 3. The City Manager is directed to evaluate opportunities for use of
biodegradable animal waste and other refuse bags in City operations, implement City practices
that promote the reduction of use of disposable bags, and eliminate the use of disposable bags
wherever feasible.
Section 4. The City Manager is directed to develop an awareness and conservation
campaign to educate the public about the financial and environmental costs of using disposable
bags. If funds are available to produce educational materials as part of said awareness campaign,
the City Manager shall make them available upon request to retailers that are subject to the
requirements of this Ordinance.
Section 5. The provisions of this Ordinance shall take effect April 1, 2015.
Section 6. 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 19th day of
August, A.D. 2014, and to be presented for final passage on the 2nd day of September, A.D.
2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 7 -
Passed and adopted on final reading on the 2nd day of September, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk