HomeMy WebLinkAboutCOW 2020-04-13 Item 3D - Discussion - Council Consensus on Carryout Bag Ordinance ImplementationCOUNCIL AGENDA SYNOPSIS
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Meefinga Date
Prepared by
Mayor's review
Council review
04/13/20
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ITEM INFORMATION
ITEMNO.
3. D.
STAFF SPONSOR: LAUREL HUMPHREY
ORIGINAL AGENDA DATE: 4/13/20
AGENDA ITEM TITLE Carryout Bag Ordinance Implementation Discussion
CATEGORY ® Discussion
Mtg Date 4113120
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Ordinance
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❑ Bid Award
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❑ Public Hearing
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❑ Otber
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SPONSOR ®Council [:]Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑Pik ❑Court
SPONSOR'S Last November, the City Council passed Ordinance 2619, which regulates carryout bags in
SLTMNLARY retail stores and effectively bans the distribution of single use plastic bags. Staff is seeking
Council direction on the implementation of the ordinance with consideration to the COVID-
19 emergency as well as a pre-emptive state law.
REVIE','ED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: N/A COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
4/13/20
MTG. DATE
ATTACHMENTS
4/13/20
Informational Memo
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Committee of the Whole
FROM: Laurel Humphrey, Council Analyst
DATE: April 7, 2020
SUBJECT: Carryout Bag Ordinance Implementation
ISSUE
Staff is seeking Council direction on the implementation of the carryout bag ordinance with
consideration to the COVID-19 emergency.
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.
W
INFORMATIONAL MEMO
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While grocery stores remain open, there is a health benefit to the use of clean, store -issued
bags during the health crisis. The City of Burien implemented a plastic bag ban on January 1,
2020 but suspended it for the duration of the emergency proclamation to protect the health
and safety of grocery and retail workers, as workers were concerned about handling reusable
shopping bags brought from people's homes.
DISCUSSION
Staff is seeking direction from the Council on the plastic bag ban implementation in light of a)
the upcoming state law and b) the COVID-19 emergency. Suggested options to consider are:
Option 1: Leave as is and retain the September 1, 2020 effective date. The City will have
jurisdiction for three months and then enforcement will fall to the Washington State
Department of Ecology, with the City of Tukwila partnering on consumer and business
education.
Option 2: Consider an effective date between September 1 and December 31, 2020, after
which the state law will prevail and the City partnering on outreach as described above.
Option 3: Repeal Ordinance 2619 and redirect outreach efforts on the January 1, 2021
effective date in collaboration with the State.
Staff recommends Option 3. While there is benefit to getting a three month head start toward
the greater goal of waste reduction, the COVID-19 emergency has disrupted city government
and businesses in numerous ways. The City's Economic Development staff have weighed in
to express concern with the September 1, 2020 target date, believing that businesses should
focus efforts on reducing transmission of COVID-19 and preparing for re -opening instead of
spending energy on sourcing new bags and updating point of sale systems as the long
implementation period was intended to allow. Also, many retailers have been closed and so
unable to use up existing plastic bag stock.
The City of Tukwila is striving to help its business community navigate this crisis, and this is
one step that could help in this unprecedented time. Reducing plastic bag waste is still an
extremely important goal and staff can prepare for implementation accordingly in alignment
with the State of Washington.
RECOMMENDATION
Staff is seeking Council direction on the implementation of Ordinance 2619 and may return
with a draft ordinance depending on direction given.
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