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ADMINISTRATIVE ORDER NO. 53-19-14-F <br />ofthe <br />City Manager Pro Tern of the City of Eugene <br />AMENDMENT OF PLASTIC BAG USE ADMINISTRATIVE RULE R- <br />6.850 AND REPEAL OF ADMINISTRATIVE ORDER NO. 53-13-03-F. <br />The City Manager Pro Tern of the City of Eugene finds that: <br />A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules <br />for administration of provisions of the Eugene Code. Pursuant to that authority, on March 18, <br />2013, Administrative Order No. 53-13-03-F of the City Manager was adopted amending the Plastic <br />Bag Use Administrative Rule R-6.850. <br />B. On November 25, 2019, the City Council adopted Ordinance Nos. 20623 and 20624 <br />concerning restrictions on the use of polystyrene containers and single-use checkout bags. Those <br />Ordinances became effective on December 27, 2019. Due to the adoption of Ordinance Nos. <br />20623 and 20624 and to meet requirements of House Bill 2509 (2019), it is necessary to amend <br />the Plastic Bag Use Administrative Rule R-6.850. <br />C. On November 26, 2019, I issued Administrative Order No. 53-19-14 ordering that <br />notice be given of the opportunity to submit comments on my proposal to amend Rule R-6.850. <br />The Notice specified that comments would be received for 15 days from December 1, 2019, the <br />first date of publication of the Notice. <br />D. One comment was received stating that the Single-Use Checkout Bag Ordinance <br />and Rules should not be amended. Response: It was necessary to amend the Ordinance due to <br />legislative changes made by the State. It should be noted that Ordinances are adopted by the City <br />Council and cannot be amended by the City Manager. The proposed amendments to the Single- <br />Use Checkout Bags and Polystyrene Rules are necessary in order to implement the Single-Use <br />Checkout Bag Ordinance and Polystyrene Ordinance adopted by the City Council. Therefore, no <br />changes are being made to the Rules as a result of the comment. <br />E. After the comment period, staff noticed that subsection 1 of R-6.850-A stated that <br />exemptions from the requirements in EC 6.876 could not last longer than December 27, 2020. <br />That provision is inconsistent with Ordinance No. 20623 which provides that requests for <br />exemptions will not be accepted after December 31, 2020. The Rule should be corrected so it is <br />consistent with the Ordinance. The correction is reflected in the Rules set forth below. <br />BASED UPON the above findings, the findings in Administrative Order No. 53-19-14, <br />and pursuant to the authority contained EC 2.019, I order that: <br />1. Effective December 27, 2019, the Plastic Bag Use Administrative Rule R-6.850 is <br />renamed and amended as set forth below. <br />2. Administrative Order No. 53-13-03-F is repealed effective December 27, 2019. <br />Administrative Order -Page 1 of 3