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HomeMy WebLinkAboutCOW 2019-11-12 Item 3A - Public Hearing - Ordinance Regulating Use of Bags at Retail EstablishmentsCOUNCIL AGENDA SYNOPSIS zzitials--------------------------------- I ITEM NO. Meeting Date Prepared by Mayor's review Co ncil iew 11/12/19 LH L 11/18/19 LH ITEM INFORMATION 3.A. & 4.A. S1',WI� SPONSOR: LAUREL HUMPHREY 11/12/19 AGENDA I'FE,\1 Trr1.i: An ordinance regulating the use of bags at retail establishments to reduce pollution, conserve energy, and encourage the use of durable reusable bags. CATF,GOIZY ® Discussion A4tg Date 11/12/19 ❑ Maim A1tg Date ❑ Resolution AItg Date ® Ordinance A4tg Date 11/18/19 ❑ Bid Award Mtg Date ® Public Hearing Alt Date 11/12/19 ❑ Other Altg Date SPONSOR ®Council [_]Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑Pll% ❑Court SPONSOWS Single -use plastics cause significant problems for our community, including harm to SUMMARY wildlife, clogging and contamination in recycling facilities, litter on roads and in waterways, and more. Paper bags are an improvement because they are recyclable and made from a renewable resource, but they still require resources and fuel to manufacture and transport.To encourage the use of reusable carryout bags, the City Council is considering legislation that would regulate the use of bags at retail stores. REVIEWL?D BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/21/19 COMMITTEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONS0IZ/ADMIN. COMNiI'1"l'I it : COST IMPACT / FUND SOURCE EXPLNDPI URL RI?OUIRI?ll AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: Cost impacts include staff time for outreach and enforcement, if passed, MTG. DATE RECORD OF COUNCIL ACTION 11/12/19 Forward to next Regular Meeting 11/18/19 MTG. DATE ATTACHMENTS 11/12/19 Informational Memorandum dated 10/15/19 Draft Ordinance (updated after 10/21 PS Committee) Presentation Minutes from the 10/21/19 Public Safety Committee 11/18/19 Final Ordinance 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee CC: Mayor Ekberg FROM: Laurel Humphrey, Council Analyst DATE: October 15, 2019 SUBJECT: Carryout Bag Ordinance ISSUE Single -use plastic bags cause significant problems for our community, including harm to rivers and wildlife, clogging and contamination in recycling facilities, litter on roads and in waterways, and more. Paper bags are an improvement because they are recyclable and made from a renewable resource, but they still require resources and fuel to manufacture and transport. Councilmember Robertson requested and received Council consensus to consider an ordinance that would regulate the use of bags at retail stores. BACKGROUND Since Edmonds led the pack in 2010, over 30jurisdictions in Washington State have banned the use of single -use plastic bags at retail stores. A bill that would have enacted this law at the state level passed the State Senate earlier this year but ultimately failed. It is possible that a statewide bag ban will pass in the next or future session(s). The proposed ordinance is closely aligned with the bill that was in the legislature as well as with other local bag ordinances that have recently been passed. Under the proposal: • All Tukwila retail stores would be prohibited from providing customers with single -use plastic carryout bags. • Retail stores in Tukwila could provide customers with any size recyclable paper or reusable carryout bags, however stores must charge and retain a small pass -through fee for paper bags of 1/8 barrel (882 cubic inches) or larger containing at least 40% post -consumer recycled fiber, or for plastic film bags 2.25 mils thick. • Retail stores could provide smaller paper bags for a fee or no cost at their discretion. • Retail stores could provide non -film plastic reusable bags for a fee or no cost at their discretion. • Violations would constitute a Class I civil infraction, carrying a maximum $250 fine. Exemptions • Customers using state or federal food assistance programs would not have to pay the pass -through bag fee. • Plastic bags used for bulk items or to protect vegetables, meat, fish and poultry, frozen foods, flowers, deli foods, restaurant take-out, or other items where moisture is a problem would still be allowed. 3 INFORMATIONAL MEMO Page 2 • Dry-cleaner, newspaper and door -hanger bags and plastic bags sold in packages containing multiple bags intended for waste would still be allowed. Effective Date If the City Council adopts this legislation, the City Council would pick an effective date 6-12 months out to allow retailers and customers time to prepare. The City would work with businesses and provide communication assistance to educate customers, as well as provide robust outreach to the residential community via its various media channels. Enforcement The draft ordinance proposes violations to be a Class I civil infraction subject to enforcement as prescribed in Tukwila Municipal Code TMC Chapter 8.45, TMC 8.45 states that the Code Enforcement Officer is authorized to enforce civil provisions, but the CE Officer may call upon other appropriate City departments to assist in enforcement. TMC 8.45 also provides for voluntary correction and requests for compliance prior to the issuing of any infractions, and it can be reasonably predicted that future complaints could be addressed by working with the business to provide education about the ordinance. Staff reached out to the cities of Issaquah, Tacoma, Shoreline, and Kenmore for feedback on how their bag regulations impacted workload, and all replied that enforcement impacts have been minimal, and that education is key. Outreach Staff would like to ensure that the public is aware that the City Council is considering this legislation and that comments are welcome at the November 12, 2019 Public Hearing, orto the City Council email inbox, or by phone to Councilmembers or the Council Analyst. Outreach efforts (already complete or in process) include briefing the Community Development & Neighborhoods Committee, Seattle Southside Chamber of Commerce, Zero Waste Washington, school district(s), mailing or in -person visits to retailers, Lodging Tax Advisory Committee, Equity and Social Justice Commission, City website and social media, October E-Hazelnut, the Public Hearing distribution list, neighborhood social media groups, and more as appropriate. If the City Council passes this legislation, a separate education and outreach plan will be developed for use prior to the effective date selected by the City Council. RECOMMENDATION Staff is seeking a Committee recommendation on the proposed ordinance and has scheduled a Public Hearing at the Committee of the Whole meeting on November 12, 2019. The Committee of the Whole can send the ordinance for final action on November 18 or December 2, or a Special Meeting. ATTACHMENTS Draft Ordinance 11 DRAFT NOTE: Shaded text (on pages 4 and 5) reflects changes made after review by the Public Safety Committee on October 21, 2019. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REDUCING POLLUTION AND PROMOTING ENERGY CONSERVATION BY REGULATING THE USE OF BAGS AT RETAIL ESTABLISHMENTS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.61; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Washington State Legislature in RCW 70.95.010(6)(c) found that it is the responsibility of city governments "to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies;" and WHEREAS, plastic carryout bags are made of nonrenewable resources and can take hundreds of years to break down into toxic particles which can seep into the soil, waterways, lakes, and bays, posing a threat to animal life and the natural food chain; and WHEREAS, while paper carryout bags are made of renewable resources, they require significant resources to manufacture, transport and recycle or dispose of; and WHEREAS, less reliance on single -use plastic and paper carryout bags contributes toward the conservation of energy and natural resources while reducing greenhouse gases and litter; and WHEREAS, alternatives to single -use plastic and paper carryout bags are convenient, functional, and widely available; and WHEREAS, the City Council finds it to be in the best interest of the public health, safety, and welfare of its community members to conserve resources, reduce greenhouse gas emissions, waste, litter, and marine pollution, and to protect wildlife; and WHEREAS, the City Council further finds it to be in the best interest of the public health, safety, and welfare of its community members to reduce the use of single -use plastic and paper carryout bags in the City of Tukwila; W:\Legislative Development\Regulating bags at retail establishments strike -through 11-5-19 LH:bjs Review and analysis by Barbara Saxton Page 1 of 5 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code Chapter 5.61, "Retail Carryout Bags," is hereby established to read as follows: CHAPTER 5.61 RETAIL CARRYOUT BAGS Sections: 5.61.010 Definitions 5.61.020 Carryout Bag Regulations 5.61.030 Exemptions 5.61.040 Violation — Penalty Section 2. Regulations Established. Tukwila Municipal Code (TMC) Section 5.61.010, "Definitions," is hereby established to read as follows: 5.61.010 Definitions A. "Carryout bag" means any bag that is provided by a retail establishment at home delivery or at the check stand, cash register, point of sale, or other point of departure to a customer for use to transport or carry away purchases. Carryout bags do not include: 1. Bags used by consumers inside stores to: a. Package bulk items, such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items such as nails, bolts, or screws; b. Contain or wrap items where dampness or sanitation might be a problem including, but not limited to: (1) Frozen foods; (2) Meat; (3) Fish; (4) Flowers; and (5) Potted plants; c. Contain unwrapped prepared foods or bakery goods; d. Contain prescription drugs; or e. Protect a purchased item from damaging or contaminating other purchased items when placed in a recycled content paper carryout bag or reusable carryout bag, or f. Newspaper bags, door hanger bags, laundry/dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, or pet waste. W:\Legislative Develop ment\Regulating bags at retail establishments strike -through 11-5-19 LH:bjs Review and analysis by Barbara Saxton Page 2 of 5 0 B. "Recycled content paper bag" means a paper carryout bag that is: Composed of a minimum of 40% post -consumer recycled material; 2. Accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the City; 3. Capable of composting, consistent with the timeline and specifications of the American Society of Testing and Material (ASTM) Standard D6400, as published in Master Environmental Assessment on Single Use and Reusable Bags, March 2010; and 4. Printed with an exterior label indicating the minimum percentage of post - consumer recycled content. C. "Pass -through charge" means a charge to be collected by retailers from their customers when providing recyclable paper bags and reusable carryout bags made of film plastic, and retained by retailers to offset the cost of bags and other costs related to the pass -through charge. D. "Retail establishment' means any person, corporation, partnership, business, facility, vendor, organization, or individual in the City of Tukwila that sells or provides merchandise, goods or materials directly to a consumer. Retail establishment includes, without limitation, any grocery store, supermarket, department store, hardware store, pharmacy, liquor store, restaurant, catering truck, home delivery, convenience store, gasoline station, temporary stores, and any other retail store or vendor, including temporary ones at farmers markets, street fairs, and festivals. E. "Reusable bag" means a carryout bag made of cloth, or other durable material, with handles that is specifically designed and manufactured for long-term multiple reuse and meets the following requirements: 1. Has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; 2. Is machine washable or made from a durable material that can be cleaned or disinfected; and 3. If made of film plastic, is a minimum of at least two and one-fourth mils thick. F. "Single -use plastic bag" means any carryout bag that is less than two and one- fourth (2.25) mils thick and is designed and suitable only to be used once and disposed. Section 3. Regulations Established. TMC Section 5.61.020, "Carryout Bag Regulations" is hereby established to read as follows: W:\Legislative Development\Regulating bags at retail establishments strike -through 11-5-19 LH:bjs Review and analysis by Barbara Saxton Page 3 of 5 7 5.61.020 Carryout Bag Regulations A. Except as provided in TMC Sections 5.61.020 and 5.61.030, a retail establishment may not provide to a customer: 1. A single -use plastic bag; or 2. A paper carryout bag with a manufacturer's stated capacity of one -eighth barrel (882 cubic inches) or larger that is not a recycled content paper bag. B. A retail establishment may provide a recycled content paper carryout bag or reusable carryout bag of any size to a customer at the point of sale. 1. Any retail establishment that provides a customer with a recycled content paper carryout bag or a reusable carryout bag made of film plastic shall collect and retain a pass -through charge of not less than $0.08 for each bag provided. This is a taxable retail sale that must be shown on all receipts provided to customers. 2. A retail establishment may make reusable bags available to customers through sale or otherwise. Section 4. Regulations Established. TMC Section 5.61.030, "Exemptions," is hereby established to read as follows: 5.61.030 Exemptions A. No retail establishment may collect a pass -through charge from anyone using a voucher or electronic benefits card issued under programs including, but not limited to, Women Infants and Children (WIC); Temporary Assistance to Needy Families (TANF); Federal Supplemental Nutrition Assistance Program (SNAP), also known as Basic Food; and the Washington State Food Assistance Program (FAP). B. Food banks and other food assistance programs are exempt from the requirements of this chapter but are encouraged to take actions to reduce the use of single -use plastic carryout bags. Section 5. Regulations Established. TMC Section 5.61.030, "Violation — Penalty," is hereby established to read as follows: 5.61.040 Violation — Penalty A. Violations of the provisions of this chapter constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Each day of any violation is a separate civil infraction. B. Issuance and disposition of infractions for violations of this chapter are subject to enforcement as prescribed in TMC Chapter 8.45. C. It shall be a violation of this chapter for any retail establishment to penalize, discipline, or discriminate against any employee for performing any duty necessary to comply with this chapter. W:\Legislative Development\Regulating bags at retail establishments strike -through 11-5-19 LH:bjs Review and analysis by Barbara Saxton Page 4 of 5 i Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force mine months after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W:\Legislative Development\Regulating bags at retail establishments strike -through 11-5-19 LH:bjs Review and analysis by Barbara Saxton Page 5 of 5 J 10 Carryout Bag Ordinar e Committee of the Whole November 12, 2019 N The plastics problem By 202500 for www. unep. org/newscentre/un-declares-war-ocean-plastic w in our oceans %%.POP 0 _4--J L) 0 r Cd F ' L -j 3 SO 2 2.%') 140 70 I ;.P of all plastic produced last 1yrs http://ad vances. sciencemag. org/content/3/7/e 1700782. full ■ ■ 20DO 20 ID 00 350 +� 300 c 0 250 T i I 11 IM101, all 0 1950 We Live in A Plastic Era 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 Geyer et. A (2017) Ink 77 XJ- Ir_.. ti r• I _ _ sti Ur YR :.:i.`� ';`.'r,..+� �.y •.ram � •��._'?• 'eb' - _ y.� �i -�'`. r., c. -sue ' •.f -.. ��� ' �a. �'_ _ 3� p - _ 'fir• • �� - '�r�•�. �_- � .,I'. tw"' ':rr :1.`.i� �7' r - -• ;4' ,. } �' •. .`fir, - -. y' www.unep.org/newscentre1ijn' declares-Ir,-ocean-plastid ' ti 1 A 0 m 1REA M _L V .+'C=13REW 1 I �- -7* F' iW 2 Plastics in the Salish Sea Q-)zero waste CO Plastics don't decompose Instead, they break down into smaller and smaller bits { f r� � tti y i Algalita Marine Research Foundation North Pacific ssia u R-5-,i4a Gyre Trash Patch F N.. t JCTPCTF r. 1p* 4, USA � N Plastic in the Food Chain • Microplastics are found in every depth of the water column all around the world, even Antarctica! • Plastic marine debris affects over 660 species • Toxins from plastic bioaccumulate r https://www.fl ickr.com/photos/a ndrea_pa uIine/4491635804/in/photostrea m/ https://www.flickr.com/photos/usfwshq/8080507529 . { "►•.r�.- thy'+"= � � 7_� T -It "... a surprising amount of human debris: including more than 20 plastic bags, small towels, surgical gloves, sweat pants, plastic pieces, duct tape, and...." N W • r i r k � 5 ti dir lk —®r .4 �f lot �lLLyy+ WI-A ` mom•_ ��' � - lk Ll I � � r ' r a r Bags gum up recycling machines httpsJ/www. dnainfo. com/chicago/20161219/lincoln-square/plastic-bag-recycling-blue-cart-waste-management N Drain clearing cc �hv A M1 -PL. ji v- �• �F� dvL oAa.. �._ _ -y' _ ,I I' •. '4e http://www.littleelm. org/1265/Stormwater-Management Ordinances N Co co O idney a B lictoria O irk ,pic 9 I Fore :lma 0 33 WA Reusable Bag Ordinance.-J, J Bellingham vAnacortes Mt, Edmonds (2009) Baker-Snocz Seattle (2011) National f Bellingham (2011) y,. Burlington OSedro-Woolley M u ki Iteo (2011) Mt Vernon Oak Harbor© Will aSequim M*sviIIe Whidbey E tt Island r e tl s K nt *aWyallup a Shelton 0 ` v t 0ly Go gle Bainbridge Island (2012) Port Townsend (2012) Issaquah (2013) Shoreline (2013) Thurston Co-unincp (2013) Tumwater (2013) Olympia (2013) Lacey (2014) Leavenworth Cashmere Ok 0 Wenatct 0 OCle Elum Lake Forest Park (2018) Mercer Island (2014) Kirkland (2015) Ellensburg (2016) San Juan Co-unincp (2016) Tacoma (2016) Friday Harbor (2017) Quil Ceda Village (2017) Port Angeles (2018) La Conner (2018) Kenmore (2018) North Bend (2018) Everett (2018 ) Gig Harbor (2019) Burien (2019) Snohomish (2019) Bremerton (2019) Kitsap Co-unincp (2019) Port Orchard (2019) Ellensburg Kent (2019) *Bingen `� Bingen (2019) No thin plastic carry -home bags l# y www.seottlepi. com/loco//article/P/ostic-bogs-bonned-in-Seott/e-2412950. ph p W W N 8 cent pass -through charge on paper bags and 2.25 mil plastic bags • Store keeps the 8 cents Goal: Bring your own bag M111,11C. CA) CA) I W E BT/W I C/TA N F exempt • Retailers cannot collect apass-through charge from anyone with a voucher or electronic benefits card Washington State WIC Nutrition Program Supplemental Nutrition Assistance Program Exempts bags that address: w cn pStLIANIISUPPLr"0+' +x W" Li 36 City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes October 21, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Dennis Robertson, Chair; Kate Kruller, Zak Idan Staff: David Cline, Bruce Linton, Trina Cook, Jay Wittwer, Laurel Humphrey Guest: Andrea Reay, Seattle Southside Chamber of Commerce; Heather Trim, Zero Waste Washington CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Ordinance: Correcting Fine for Speeding in School Zones Staff is seeking Council approval of an ordinance that would correct the fine in the School Speed Zone Camera Ordinance previously adopted by the Council. The fee is set by the RCW and should be $210.00 for 0-10 MPH over the posted limit and $240.00 for 11+ MPH over the posted limit. The previous ordinance inadvertently included the fees for the red light intersection cameras, the use of which have not been approved by the Council. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 4, 2019 REGULAR CONSENT AGENDA. B. Ordinance: Regulating Retail Carryout Bags The Council requested preparation of an ordinance that would limit the consumption of single - use plastic and paper bags by regulating carryout bags at retail stores, as over 33 other Washington jurisdictions have done to date. It is likely that a statewide bag ban will pass, and this draft ordinance is closely aligned with the bill that was introduced in the last session, but ultimately failed. Under the proposal all retail stores would be prohibited from providing customers with single -use plastic carryout bags and must collect an 8-cent pass -through fee for providing paper bags of 1/8 barrel or larger or for plastic film bags 2.25 mils thick. People on food assistance programs would not have to pay the fee and certain plastic bags, such as those used for bulk items or deli meat, would be exempted. The Committee discussed the proposal and asked clarifying questions. Committee members each expressed support for the ordinance and recommend an effective date of nine months after passage to allow the community time to prepare and adjust. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12, 2019 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING. 37