HomeMy WebLinkAboutMemo - Mail Packet - 4/27/2021 - Memorandum From Caroline Mitchell And Molly Saylor Re: Disposable Bag Ordinance UpdatesEnvironmental Services
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6600
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MEMORANDUM
Date: April 21, 2021
To: Mayor and City Council
Thru: Darin Atteberry, City Manager
Jacqueline Kozak Thiel, Chief Sustainability Officer
Lucinda Smith, Environmental Services Director
From: Caroline Mitchell, Environmental Sustainability Manager
Molly Saylor, Senior Sustainability Specialist
Re: Disposable Bag Ordinance Updates
Purpose: To provide a status update on the Council-adopted and voter-supported Disposable Bag
Ordinance and related next steps.
Disposable Bag Ordinance Updates:
Election Results: The Disposable Bag Ordinance (Ordinance No. 026, 2021) (the City Ordinance )
was supported by voters in the April election (59% in support, 41% opposed), meaning the City
Ordinance will come into effect May 1, 2022.
City Ordinance summary:
Prohibits large grocers from distributing single-use plastic bags and requires them to charge 12-
cents per paper bag.
Exempts income-qualified customers from the 12-cent fee.
Splits fee revenue 50-50 between grocers and the City.
o Applies City fee revenue to a new plastic pollution mitigation and solid waste reduction
program.
o Requires grocers to create grocer revenue plans in collaboration with the City.
Initial City Ordinance Roll Out: Voter support of the ordinance triggers initial ordinance roll out work,
supported by Council-appropriated funding, beginning in July/August of 2021.
Initial roll out will focus on:
o Outreach and engagement with residents and grocers, including residents who may be
disproportionately impacted by the ordinance. Outreach will include working with grocers
to create the fee revenue plans required by the ordinance.
o Free reusable bag distribution to low- and medium-income residents.
Pending State Legislation: The Colorado State Legislature is considering HB21-1162 Management Of
Plastic Products which, as originally introduced, would repeal an existing statute that pre-empts local
regulation of plastics starting in 2023. The Bill would also prohibit stores and retail food establishments
from providing single-use plastic carryout bags to customers starting in 2022 and prohibit retail food
establishments from distributing expanded polystyrene products for ready-to-eat food.
Progress in legislative process: As of 3/29/2021: House Committee on Finance Refer Amended
to Appropriations
Changes since introduction: HB21-1162 no longer includes a repeal of the pre-emption
statute.
Legislative Review Committee (LRC) position: Monitor
2
Without a repeal of the local pre-emption statute, the bill does not eliminate the possibility of State
infringement on municipal home rule authority or the basis for a potential challenge.
Bill also helps to advance Legislative Policy Agenda policy goals for solid waste
reduction by providing consistency statewide
Staff Next Steps:
May-June: Recruit and hire new staff member to lead City Ordinance roll out and related outreach
and engagement with residents and grocers.
June-July: Evaluate outcomes of State legislation (if legislation passes) and potential impacts to
City Bag Ordinance.
August-Sept: Initiate outreach and free reusable bag distribution. Provide Council a progress
update on initial ordinance roll out, ongoing plastic pollution awareness work, and impacts of any
State legislation to the City Ordinance