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HomeMy WebLinkAboutItem 3: Ordinance on Plastic Bags ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Encouraging the Use of Reusable Bags Banning Single-Use Plastic Carryout Bags and Adding Sections 6850, 6855, 6860 and 6865 to the Eugene Code 1971 Meeting Date: September 17, 2012 Agenda Item Number: 3 Department: Planning and Development Staff Contact: Ethan Nelson www.eugene-or.gov Contact Telephone Number: 541-682-5224 ISSUE STATEMENT This public hearing is a continuation of the February 27, 2012, and July 23, 2012, council discussions on reducing single-use plastic bags from Eugene retail establishments. BACKGROUND At the July 23, 2012, council work session, the City Council made a motion to advance the model Single-Use Bag Reduction Ordinance to public hearing on September 17, 2012. In particular, this ordinance includes a City-mandated five-cent-fee for single-use paper bags. To provide an opportunity for public input on the proposed ban, City staff created a project webpage: www.eugene-or.gov/plasticbags. Links to a consumer and retail survey were provided, as well as the original agenda item summary (AIS), a staff report, the proposed and revised ordinances, and links to plastic bag ban resource pages. In developing the materials for this public hearing, staff made a version error and posted a revised version of the ordinance rather than Councilor Alan Zelenka’s original proposed ordinance. The error has been corrected with Councilor Zelenka’s original proposed ordinance, titled “Alternative Version,” posted on the City’s website and provided below as Attachment A. The discussion section of the AIS identifies the differences. RELATED CITY POLICIES The City of Eugene regulates licensed garbage and recycling hauling activities within the city limits. These activities are guided by Oregon Revised Statues (ORS) as well as the Eugene City Code. In particular, ORS 459a outlines the “Opportunity to Recycle” for all Oregonians and sets garbage diversion rates that counties and their municipalities should strive for. The Lane County goal is to achieve 54 percent diversion on an annual basis by 2009. This level was reached for the first time in 2010 (57.4 percent). Outside of this statewide policy, waste reduction and diversion is included as an action item within Eugene’s Climate and Energy Action Plan. S:\CMO\2012 Council Agendas\M120917\S1209173.doc DISCUSSION Due to a staff error, an incorrect version of the ordinance was posted on the City’s website. Upon learning of the error, staff added the correct ordinance with a title of “Alternate Version” to the end of the incorrect version that is linked on the City’s website. The key differences between the posted ordinance and Councilor Zelenka’s proposed ordinance (“Alternative Version”) are: 1.Under Regulations section, the “Alternative Version” includes “City permitted events.” 2.Under Exemptions, the “Alternative Version” includes: “Retail establishments may distribute product bags and may make reusable bags available to customers whether through sale or otherwise.” 3.Under Exemptions, the “Alternative Version” includes an exemption from paying the pass- through fee for paper bags by individuals receiving state assistance. 4.Under Exemptions, the “Alternative Version” includes an exemption from itemizing the pass- through fee on receipts for vendors at farmers’ markets. 5.The “Alternative Version” does not include a section for providing the City Manager with authority to develop rules associated with the ordinance. 6.The “Alternative Version” does not include a section on community education and outreach. 7.The “Alternative Version” does not include a section directing where enforcement related penalties should be placed within City funds. 8.The “Alternative Version” states a six-month timeline for implementation whereas the posted version includes a 90-day implementation timeline. Staff recommends adopting Councilor Zelenka’s proposed ordinance (Alternative Version) with the following revisions. 1.Revise Definitions The proposed ordinance requires reusable plastic bags to be a minimum of 2.25 mil in thickness. (The term “mil” is the industry gauge for film plastic thickness.) 2.25 mil bags are not typically considered “reusable,” for they can easily tear as compared with more durable canvas or thicker density plastic. The City of Austin’s policy requires reusable plastic bags to be four mils, which allows for greater opportunities for reuse as compared with the 2.25 mil requirement. Staff recommends revising definitions to read: Reusable bag - A bag made of cloth or other material with handles that is specifically designed and manufactured for long-term multiple reuse and meets all of the following requirements: a.If cloth, is machine washable, or; b.If plastic, has a minimum plastic thickness of 2.25 4.0 mils. 2.Exemptions The proposed ordinance states that “vendors at farmers’ markets are not subject to indicating on the customer’s transaction receipt the total amount of the paper bag pass-through charge.” While this rule specifies only farmers’ markets, we believe that all retail ‘fair’ events (including the Holiday Market, County Fair, etc.) should be exempt from showing bag transaction costs on receipts. S:\CMO\2012 Council Agendas\M120917\S1209173.doc Staff recommends revising section 6.865 to read: (d) Vendors at farmers markets retail fairs are not subject to indicating on the customers transaction receipt the total amount of the paper bag pass-through charge required in section 6.860(b) of this code. If the council approves of this revision, staff recommends the following definition of retail fair to be included in the definition section. Retail Fair - An event which provides small independent vendors the opportunity for direct sales to the public. Examples include farmer’s markets, county fairs, holiday fairs, etc. 3.Addition of Rulemaking To develop rules for implementing this ordinance, it must include language providing the City Manager or designee this authority. Staff recommends the addition of the following language: “The City Manager shall adopt rules under section 2.019 of this code concerning the reduction of single-use plastic bags. The rules may address, but are not limited to, the establishment of procedures, policies and operating practices which are required for implementation of this section.” 4.Addition of Penalty Clarification The proposed ordinance does not specify where the collected penalties will be distributed. Staff recommends that all administrative civil penalties collected pursuant to the enforcement of this ordinance be deposited into the City’s solid waste license fund to cover the cost of enforcement efforts and assist with waste prevention awareness programs. 5.Addition of Business Hardship Exemption The proposed ordinance has a placeholder for business hardship exemptions. Staff researched a number of ordinances for background on this item. The City of Corvallis and City of Portland ordinances do not include language for business hardship exemptions. The City of Austin, the City of Bellingham, the City of San Francisco, and Santa Cruz County all have language for business hardship exemptions. Staff reviewed the existing language in these various codes and drafted the language below. Staff recommends the following for business hardship exemption: “The City Manager or the designee may exempt a retail establishment from the requirement set forth in Section 6.855-6.860 of this chapter for a one-year period upon the retail establishment showing, in writing, that this chapter would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The decision to grant or deny an exemption shall be in writing, and the City Manager’s or designee’s decision shall be final.” If the council approves of this revision, staff recommends the following definition of undue hardship to be included in the definition section. Undue hardship - Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to single-use plastic carryout bags or a paper bag pass-through cannot be collected. S:\CMO\2012 Council Agendas\M120917\S1209173.doc Public Comment Received To Date Attachment B is a compilation of public testimony that has been collected via email and US Postal Service mail from the comment period from July 24, 2012 to September 10, 2012. There are 10 emails total and zero letters. The comment period spans the day after the July 23, 2012, City Council Work Session until September 10, 2012, the day the agenda item summary is due for the September 17, 2012, public hearing on the proposed bag ban ordinance. Testimony will be received through September 17, 2012, the date of the public hearing. Staff will incorporate all public comments received after September 10 with comments at the public hearing and make them available to the council. TRIPLE BOTTOM LINE – SOCIAL, ENVIRONMENTAL, ECONOMIC IMPACTS The staff analysis from the February 27, 2012, work session includes a detailed discussion on the triple bottom line elements involved in a plastic bag ban. If the adopted ordinance includes a five-cent fee for single-use paper bags, then the City needs to develop an outreach and assistance program for disproportionately impacted populations to provide low- or no-cost reusable bags. NEXT STEPS None at this time. COUNCIL OPTIONS 1.Adopt Councilor Zelenka’s proposed ordinance as submitted. 2.Direct City staff to revise Councilor Zelenka’s proposed ordinance based on council-approved recommendations from this AIS and public comment. 3.Take no action. CITY MANAGER’S RECOMMENDATION The City Manager recommends Option 2, directing City staff to revise Councilor Zelenka’s proposed ordinance to include any council-approved recommendations. SUGGESTED MOTION None required at this time. ATTACHMENTS A.Councilor Zelenka’s proposed ordinance entitled “Alternative Version” B.Public Comment collected to date FOR MORE INFORMATION Staff Contact: Ethan Nelson Telephone: 541-682-5224 Staff E-Mail: ethan.a.nelson@ci.eugene.or.us S:\CMO\2012 Council Agendas\M120917\S1209173.doc Alternate Version Alternate Version Alternate Version ATTACHMENT B Public Comment on Proposed Plastic Bag Ban Waste Prevention & Green Building Staff 9/10/2012 This document is a compilation of public comment that has been collected via email and US postal service mail from comment period 7/24/2012 to 9/10/2012. The comment period spans the day after the 7/23/2012 City Council work session until 9/10/2012, the day the Agenda Item Summary is due for the 9/17/2012 public hearing on the proposed bag ban ordinance. Testimony will be received through 9/17/2012, the date of the public hearing. Updates on 9/17 will be brought to the hearing by staff. Bag Ban Public Testimony 7/24/2012 – 9/10/2012 Email 7/24/12: Ms. Scafa: Just make being stupid illegal, hmmm well that won't work, there is not enough jail space. I am a enthusiast recycler, so it is hard for me to understand why anyone would throw anything in the garbage to add to Short Mountain, if it could be reused or recycled. Plastic bags have a function, people will just end up buying plastic bags to pick up dog poop, & that usually goes in the garbage. You could do two things together, rather than ban them: put a 10 cent deposit on plastic bags, the new ones would have wording an a bar code on them, and... make them biodegradable. They disintegrate in less than 6 months into powder, kinda messy, but probably even sooner in the land fill, & that place is messy anyway. It is sad that people aren't better recyclers, maybe education, retraining of people's brain, I am not sure how much less plastic would really end up in the landfill, have you researched that using data from other places that have banned plastic bags? I prefer paper bags personally myself, but plastic bags do have a function. Sincerely, Joe L. Claska 7/25/2012 597 Covey Lane Eugene, OR 97401 Just a comment and question for your consideration re: plastic bags. Commercially sold garbage bags are plastic. I have used any plastic store bags as garbage bags for years - they are free and the same material as a garbage bag I would purchase. If plastic shopping bags from the store are gone, people will still use plastic bags for their trash and these still go to the landfill. How are we really gaining anything? Are you going to require all merchants to pull all forms of plastic bags from their stores? Consider the economic impact please. "Biodegradable" plastic bags are still very expensive and only available in very limited sizes. They are beyond what most people will be willing to spend. Paper is not a good alternative for "wet" trash containment or keeping foods fresh. I am not sure we have adequate viable alternatives yet available. 7/31/12 From: webwrks@comcast.net To: Eugene Mayor, City Council, and City Manager Bag Ban Public Testimony 7/24/2012 – 9/10/2012 Subject: Plastic bag info worth considering before the upcoming meeting TO ALL COUNCILORS AND THE MAYOR: This email is being addressed to all of you prior to the scheduled Sept 17th public meeting regarding a blanket ban on all plastic store bags that is being proposed. Not only do I completely disagree with such a ban but I think that it is a hypocritical approach and has unexpected consequences as seems to be the case with "hastily pushed" policy that we have witnessed lately. When will our politicians learn to slow down and think things through; carefully considering the figurative big picture, before recklessly moving ahead with costly and/or ill thought out policy that is rooted in sensationalism? This is one such proposal! Most don't dispute the need to be as clean and efficient as possible, as current technology allows. This is evidenced in the fact that many such store bags that are to be banned are now made of "bio-plastics" that are derived from renewable and biodegradable biomass sources; sources such as vegetable fats and oils, corn starch, pea starch or microbiota (a monotypic genus of evergreen coniferous shrub in the cypress family - refer to wikipedia). These bags are so lightweight and flimsy that they can barely contain any heavy groceries that they are designed to carry but can and are REUSED by many as trash can liners, pet waste bags, trash bags for vehicles on road trips, laundry and/or shoe bags when traveling or camping, etc. I have used them for all of those purposes as I'm sure many others have and there are probably many more applications of which I am unaware. That being said, the moniker of "single use bag" that is attached to these bags is an outright fabrication. In fact, let's expand on that thought and really get to the heart of the matter. What indeed are SINGLE USE BAGS are the commercially produced trash can liners designed for "single use" application. Not only are they so heavy duty that they do not easily break down but they are designed specifically to go from the manufacturers box and into the landfill, via your trash can, where they will sit for years. So I will ask a simple question. What do "you" line your trash cans with? Are you "recycling" a store bag by giving it a second or third life? I recycle 100% of everything that comes through my house and have been for about 20 years now. I have about 15 tote bags that I shop with UNLESS I need more trash can liners (in which case, I collect more store bags instead). Let's use common sense and not be hypocrites. Jumping out of the frying pan and into the fire is not the right approach. I already go two weeks with the smallest trash can available before needing a pickup but If these bags are banned, then I will be forced to buy heavy duty, non-biodegradable trash can liners and contribute to the already massive piles of those products within the landfills. How many others will be forced to change products as well? You could be doing more harm than good with this approach. The following is an OSU news and research communication article written January 4, 2011. I have pasted it so that you can see the over-exaggeration in regards to these bags. While they are not a perfect solution to our waste needs, they have been greatly improved. The fact that photosynthetic microbes within the ocean are thriving on plastic particles just goes to show that more research is needed (not rash decisions), and that they might not be as bad as depicted (especially if organically derived). Just remember that haste in decision making has the potential for huge waste and a host of other problems as well. OSU prof: Ocean garbage patch 'grossly exaggerated' Bag Ban Public Testimony 7/24/2012 – 9/10/2012 CORVALLIS, Ore. – There is a lot of plastic trash floating in the Pacific Ocean, but claims that the “Great Garbage Patch” between California and Japan is twice the size of Texas are grossly exaggerated, according to an analysis by an Oregon State University scientist. Further claims that the oceans are filled with more plastic than plankton, and that the patch has been growing tenfold each decade since the 1950s are equally misleading, pointed out Angelicque “Angel” White, an assistant professor of oceanography at Oregon State. “There is no doubt that the amount of plastic in the world’s oceans is troubling, but this kind of exaggeration undermines the credibility of scientists,” White said. “We have data that allow us to make reasonable estimates; we don’t need the hyperbole. Given the observed concentration of plastic in the North Pacific, it is simply inaccurate to state that plastic outweighs plankton, or that we have observed an exponential increase in plastic.” White has pored over published literature and participated in one of the few expeditions solely aimed at understanding the abundance of plastic debris and the associated impact of plastic on microbial communities. That expedition was part of research funded by the National Science Foundation through C-MORE, the Center for Microbial Oceanography: Research and Education. The studies have shown is that if you look at the actual area of the plastic itself, rather than the entire North Pacific subtropical gyre, the hypothetically “cohesive” plastic patch is actually less than 1 percent of the geographic size of Texas. “The amount of plastic out there isn’t trivial,” White said. “But using the highest concentrations ever reported by scientists produces a patch that is a small fraction of the state of Texas, not twice the size.” Another way to look at it, White said, is to compare the amount of plastic found to the amount of water in which it was found. “If we were to filter the surface area of the ocean equivalent to a football field in waters having the highest concentration (of plastic) ever recorded,” she said, “the amount of plastic recovered would not even extend to the 1-inch line.” Recent research by scientists at the Woods Hole Oceanographic Institution found that the amount of plastic, at least in the Atlantic Ocean, hasn’t increased since the mid-1980s – despite greater production and consumption of materials made from plastic, she pointed out. “Are we doing a better job of preventing plastics from getting into the ocean?” White said. “Is more plastic sinking out of the surface waters? Or is it being more efficiently broken down? We just don’t know. But the data on hand simply do not suggest that ‘plastic patches’ have increased in size. This is certainly an unexpected conclusion, but it may in part reflect the high spatial and temporal variability of plastic concentrations in the ocean and the limited number of samples that have been collected.” The hyperbole about plastic patches saturating the media rankles White, who says such exaggeration can drive a wedge between the public and the scientific community. One recent claim that the garbage patch is as deep as the Golden Gate Bridge is tall is completely unfounded, she said. Bag Ban Public Testimony 7/24/2012 – 9/10/2012 “Most plastics either sink or float,” White pointed out. “Plastic isn’t likely to be evenly distributed through the top 100 feet of the water column.” White says there is growing interest in removing plastic from the ocean, but such efforts will be costly, inefficient, and may have unforeseen consequences. It would be difficult, for example, to “corral” and remove plastic particles from ocean waters without inadvertently removing phytoplankton, zooplankton, and small surface-dwelling aquatic creatures. “These small organisms are the heartbeat of the ocean,” she said. “They are the foundation of healthy ocean food chains and immensely more abundant than plastic debris.” The relationship between microbes and plastic is what drew White and her C-MORE colleagues to their analysis in the first place. During a recent expedition, they discovered that photosynthetic microbes were thriving on many plastic particles, in essence confirming that plastic is prime real estate for certain microbes. White also noted that while plastic may be beneficial to some organisms, it can also be toxic. Specifically, it is well-known that plastic debris can adsorb toxins such as PCB. “On one hand, these plastics may help remove toxins from the water,” she said. “On the other hand, these same toxin-laden particles may be ingested by fish and seabirds. Plastic clearly does not belong in the ocean.” Among other findings, which White believes should be part of the public dialogue on ocean trash: Calculations show that the amount of energy it would take to remove plastics from the ocean is roughly 250 times the mass of the plastic itself; Plastic also covers the ocean floor, particularly offshore of large population centers. A recent survey from the state of California found that 3 percent of the southern California Bight’s ocean floor was covered with plastic – roughly half the amount of ocean floor covered by lost fishing gear in the same location. But little, overall, is known about how much plastic has accumulated at the bottom of the ocean, and how far offshore this debris field extends; It is a common misperception that you can see or quantify plastic from space. There are no tropical plastic islands out there and, in fact, most of the plastic isn’t even visible from the deck of a boat; There are areas of the ocean largely unpolluted by plastic. A recent trawl White conducted in a remote section of water between Easter Island and Chile pulled in no plastic at all. There are other issues with plastic, White said, including the possibility that floating debris may act as a vector for introducing invasive species into sensitive habitats. “If there is a takeaway message, it’s that we should consider it good news that the ‘garbage patch’ doesn’t seem to be as bad as advertised,” White said, “but since it would be prohibitively costly to remove the plastic, we need to focus our efforts on preventing more trash from fouling our oceans in the first place.” Bag Ban Public Testimony 7/24/2012 – 9/10/2012 Thank you for considering these thoughts, A concerned citizen 8/8/12 From: LApsel@aol.com To: Eugene Mayor, City Council, and City Manager Subject: the health danger in reusable bags According to Family Circle magazine (Feb. 2012): "97% [is] The percentage of people who never wash their reusable shopping bags according to a new survey. Researchers found large numbers of bacteria in all the sacks they tested, and even detected E coli in 8% of them." Human health should be the primary environmental concern of our species. To outlaw plastic and paper bags and cause such an unavoidable increased exposure to bacteria, filth, and possibly vermin is particularly unfair to our elderly, our sick, including those with suppressed immune systems, and our young. Remember, even that rare 3% who washes their bags are probably only doing so occasionally and encouraging washing affects the environment in another way with increased electrical and water usage anyway I think that even as things are now, there should be separate grocery bagging counters to isolate germs and dirty reused bags from people wanting clean, new, germ free bags. A small charge on bags to encourage reuse (at home!) and recycling, as with plastic bottles, seems preferable to encouraging the use of unsanitary, bacteria ridden reusable bags. I am a firm environmentalist, but as someone with a weak immune system, I am horrified by this misguided harmful idea. The health of human beings comes first as we are indeed part of the environment and need to be protected too! Lynn Reichman Eugene 9/6/2012 From: Emily Stuart estuart122@gmail.com To: Eugene Mayor, City Council, and City Manager Subject: Please support the ban on single-use plastic bags in Eugene Dear Mayor, City Council, and City Manager- I am writing to support a ban on single-use plastic checkout bags within the city of Eugene to reduce the use of plastic bags, encourage the use of reusable bags and Bag Ban Public Testimony 7/24/2012 – 9/10/2012 reduce our dependence on finite natural resources. Such a policy should include a fee on paper bags to encourage reusables. I urge Eugene City Council to cut the flow of pollution into the ocean by banning disposable plastic bags. Thank you for your time and consideration. Emily Sangston 9/7/2012 From: ran6711@comcast.net To: Eugene Mayor, City Council, and City Manager Subject: Please support the ban on single-use plastic bags in Eugene Dear Mayor, City Council, and City Manager- I am writing to support a ban on single-use plastic checkout bags within the city of Eugene to reduce the use of plastic bags, encourage the use of reusable bags and reduce our dependence on finite natural resources. Such a policy should include a fee on paper bags to encourage reusables. I urge Eugene City Council to cut the flow of pollution into the ocean by banning disposable plastic bags. Thank you for your time and consideration. 9/7/2012 From: Wayne and Kelly waykels@hotmail.com To: Eugene Mayor, City Council, and City Manager Subject: Please support the ban on single-use plastic bags in Eugene Dear Mayor, City Council, and City Manager- I am writing to support a ban on single-use plastic checkout bags within the city of Eugene to reduce the use of plastic bags, encourage the use of reusable bags and reduce our dependence on finite natural resources. Such a policy should include a fee on paper bags to encourage reusables. I urge Eugene City Council to cut the flow of pollution into the ocean by banning disposable plastic bags. Thank you for your time and consideration. Kelly Burke 146 Springwood Dr. Eugene, OR 97404 9/8/2012 From: Ken Dickson ken-dickson@comcast.net To: Stephanie Scafa Stephanie.scafa@ci.eugene.or.us Stephanie, Bag Ban Public Testimony 7/24/2012 – 9/10/2012 Would you please forward my opinion on to the future meeting regarding elimination plastic bags use meeting. I would like to know how a person (as myself) is to transport items when using a wheelchair? Has anyone (who is pushing) for this new law ever tried to handle transporting grocery’s, or other items while using both hands to push themselves in a wheelchair? I have had to deal with obstacles for the last twenty years in my wheelchair. I find it hard to think that it will cost me 5 cents a bag for paper bags that will not help me transport items that the plastic bag helps me with. The plastic bag will not rip like a paper bag. Double plastic bags with the handle helps me place the heavy items that I need on the back of my wheelchair. Another issue to think about. …. Will the health codes be addressed as to the care of unclean / reusable bags? I can see people having blood and other items soiling the “So called reusable bag” placed on the checkout counters that the public would be in contact. What type of precautions will be needed to prevent any food borne illness, for a dirty counter. I know that, I’m at that height of the check out counter. The stores give options to clean off the handle of the shopping cart. Will we be asked to clean the counters as we check out. I see the cost of living going up with no increase to my wages. I’m struggling to keep up my house hold. Will adding cost to my shopping help me? Think not! The leaders of this action better think before placing this burden on to the general public. If asked, I’m opposed to this future action. Sincerely, Kenneth Dickson 433 Shamrock Ave. Eugene, Oregon. 97404 Home phone: (541) 689-1481 9/9/2012 From: Lorraine Kerwood lorrainekerwood@gmail.com To: Eugene Mayor, City Council, and City Manager Subject: Please support the ban on single-use plastic bags in Eugene Dear Mayor, City Council, and City Manager- I am writing to support a ban on single-use plastic checkout bags within the city of Eugene to reduce the use of plastic bags, encourage the use of reusable bags and reduce our dependence on finite natural resources. Such a policy should include a fee on paper bags to encourage reusables. I urge Eugene City Council to cut the flow of pollution into the ocean by banning disposable plastic bags. Thank you for your time and consideration. Respectfully, Lorraine Kerwood 9/10/2012 Bag Ban Public Testimony 7/24/2012 – 9/10/2012 From: Andi Castle andicastle@gmail.com To: Eugene Mayor, City Council, and City Manager Subject: Please support the ban on single-use plastic bags in Eugene Dear Mayor, City Council, and City Manager- I am writing to support a ban on single-use plastic checkout bags within the city of Eugene to reduce the use of plastic bags, encourage the use of reusable bags and reduce our dependence on finite natural resources. Such a policy should include a fee on paper bags to encourage reusable. I urge Eugene City Council to cut the flow of pollution into the ocean by banning disposable plastic bags. Thank you for your time and consideration.