PED 2020-05-18 Item 1C - Ordinance - Repeal Ord #2619 Relating to Use of Bags at Retail Establishments

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City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Economic Development Committee FROM: Laurel Humphrey, Council Analyst DATE: April 13, 2020 SUBJECT: Ordinance relating to Carryout Bags ISSUE Per Council direction, staff has prepared a draft ordinance that would repeal Ordinance 2619 regulating carryout bags in retail stores. A statewide law will go into effect January 1, 2021 that will preempt local ordinances such as this. BACKGROUND City and State Bag Laws Last November, the City Council passed Ordinance 2619, which regulates carryout bags in retail stores and effectively bans the distribution of single use plastic bags. The goal is for shoppers to bring reusable bags from home in order to reduce plastics from the waste stream. The ordinance defines retail broadly to include all types of stores in the city. The City Council chose an effective date of September 1, 2020 to provide a nine -month implementation phase that would allow stores to prepare by using up stock, ordering new bags, and updating point of sale systems. Staff began an implementation and outreach plan focusing on this 9/1/20 effective date. In the 2020 session the Washington State Legislature passed, and Governor Inslee signed into law, ESSB 5323, which will regulate carryout bags statewide and goes into effect January 1, 2021. The state law is essentially the same as Ordinance 2619 in that it prohibits distribution of single -use plastic bags and requires that stores charge 8 cents for recycled paper bags or thick plastic bags. While the state law preempts city bag bans as of January 1, 2021, the law is written such that cities will partner with the state on education and outreach to consumers and businesses. Cities can also receive violation complaints, which will then be forwarded on to the Department of Ecology for enforcement. COVID-19 Impacts On February 29, 2020, Governor Inslee declared a state of emergency in response to the growing numbers of COVID-19 cases, directing agencies to use all resources necessary to prepare for and respond to the outbreak. On March 23, he issued the "Stay Home, Stay Healthy" order, requiring everyone to stay home and closing all businesses not deemed essential, now extended through May 4, 2020. This closure is debilitating to businesses who must now focus on preparing to re -open when the health crisis has passed. 17