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Retail Single-Use Plastic Bag ReportingMasterpiece on the Mississippi TO Mike Van Milligen, City Manager FROM Cori Burbach, Sustainable Community Coordinator DATE March 8, 2011 SUBJECT Retail Single -Use Plastic Bag Reporting Ordinance Dubuque had NI- America City 'I 1 1 I' 2007 INTRODUCTION This memo requests Council approval of an Ordinance that will require retailers, based on size, to report their purchase and distribution of plastic bags in order to measure community -wide progress towards the adopted goal of reducing single -use plastic bag use 90% by 2017 in Dubuque BACKGROUND In June 2011 at the recommendation of the Environmental Stewardship Advisory Commission, Council adopted a target of reducing community -wide single -use plastic bag use 90 %by2017 in Dubuque The goal will be phased in, with the following targets established forthe community • Phase I Goal by July 1, 2013 25% reduction from baseline in Single -Use Plastic Checkout Bags distributed by Large Retailers, • Phase 11 Goal by July 1,2014 50% reduction from baseline by Large Retailers, 25% reduction from baseline by Middle -size Retailers, • Phase III Goal by July 1, 2015 75% reduction from baseline by Large Retailers, 50% reduction from baseline by Middle -size Retailers, 25% reduction from baseline by Small Retailers, • Phase IV Goal by July 1,2016 75% reduction from baseline by Large and Middle -size Retailers, 50% reduction from baseline by Small Retailers, • Phase V Goal by July 1, 2017 75% reduction from baseline by all Retailers, and • Phase VI Goal by July 1,2010 90% reduction from baseline by all Retailers At this time, these targets are not retailer - specific or mandatory After meeting with various stakeholder groups, it is staff's hope that these community -wide targets can be voluntarily met through cooperation with retailers and consumer education DISCUSSION While the targets adopted by Council are not mandatory, retailers will be required to report their single -use plastic bag purchase and distribution on a semi- annual basis to the Resource Management Coordinator so that community -wide progress can be measured The Resource Management Coordinator, myself, and other City staff and partners are available to assist retailers in meeting their goals, and will also be conducting public education initiatives to raise awareness at the consumer level Should we find, as we move nearer the 2017 end date, that the target does not appear achievable, staff may reevaluate the need for a required reduction through user fees or other measures at the request of Council PROJECT COST - BUDGET IMPACT No costs are associated with the reporting requirement proposed in the Ordinance At the current time, it expected that the City will provide community education materials and support equal to or less than $1,000 in value Education funds in the Public Works budget exist to support this effort Future funding for education materials may be requested from a DMASWA grant ACTION TO BE TAKEN I respectfully request Council approval of the attached Ordinance requiring retailers, based on size, to report their purchase and distribution of plastic bags in order to measure community -wide progress towards the adopted goal of reducing single- use plastic bag use 90% by 2017 in Dubuque cc Mary Rose Corrigan, Public Health Specialist Paul Schultz, Resource Management Coordinator Bev Wagner, DMASWA Education Coordinator Maureen Quann, Assistant City Attorney Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Retail Single -Use Plastic Bag Reporting Ordinance DATE: March 12, 2012 Dubuque bierd All-America City 1 2007 Sustainable Community Coordinator, Cori Burbach is requesting approval of an Ordinance that will require retailers, based on size, to report their purchase and distribution of plastic bags in order to measure community -wide progress towards the adopted goal of reducing single -use plastic bag use 90% by 2017 in Dubuque. In June 2011 at the recommendation of the Environmental Stewardship Advisory Commission, Council adopted a target of reducing community -wide single -use plastic bag use 90% by 2017 in Dubuque. The goal will be phased in, with the following targets established for the community: • Phase I Goal by July 1, 2013: 25% reduction from baseline in Single -Use Plastic Checkout Bags distributed by Large Retailers; • Phase 11 Goal by July 1, 2014: 50% reduction from baseline by Large Retailers; 25% reduction from baseline by Middle -size Retailers; • Phase 111 Goal by July 1, 2015: 75% reduction from baseline by Large Retailers; 50% reduction from baseline by Middle -size Retailers; 25% reduction from baseline by Small Retailers; • Phase IV Goal by July 1, 2016: 75% reduction from baseline by Large and Middle -size Retailers; 50% reduction from baseline by Small Retailers; • Phase V Goal by July 1, 2017: 75% reduction from baseline by all Retailers; and • Phase VI Goal by July 1, 2018: 90% reduction from baseline by all Retailers. At this time, these targets are not retailer- specific or mandatory. After meeting with various stakeholder groups, it is staffs hope that these community -wide targets can be voluntarily met through cooperation with retailers and consumer education. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligan MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Cori Burbach, Sustainable Community Coordinator 2 Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: Michael C. Van Milligen, City Manager Mary Rose Corrigan, RN, Public Health Specialist Cori Burbach, Sustainable Community Coordinator Paul Schultz, Resource Management Coordinator Retail Plastic Bag Elimination June 3, 2011 Dubuque bierd All-America City 1 2007 INTRODUCTION This memorandum provides staff recommendations regarding the City Council desire to develop a checkout plastic bag policy to reduce, use and manage or eliminate their disposal. The recommended approach does not include a ban on the use of plastic bags. BACKGROUND In September 2010, the Environmental Stewardship Advisory Commission submitted a communication to the City Council recommending the reduction /phase out of retail plastic bag use in Dubuque. The Council voted to phase out checkout plastic bag use and directed staff to devise a plan for doing so. DISCUSSION A City staff task force was formed to establish the process for meeting the Council goal. Facilitated by Mary Rose Corrigan, members include: • Cori Burbach, Sustainability Coordinator • Paul Schultz, Resource Management Coordinator • Eric Dregne, Community Foundation of Greater Dubuque /Dubuque 2.0 • Bev Wagner, DMASWA Solid Waste Educator The task force gathered input from the community through a series of stakeholder group meetings scheduled with local grocers, other retailers as recommended by the Chamber of Commerce, and consumers and representatives of groups who have been tracking the environmental impact of plastic bags (including but not limited to production and cleanup costs and impact on local and natural habitats). The purpose of these stakeholder meetings was to gather information regarding what current retailers and other stakeholders are doing to reduce checkout plastic bag usage, track measurable indicators, identify economic, environmental and social /cultural impacts, and dialogue on how to move forward. Some local groups and businesses are already developing their own initiatives, outreach and incentives to reduce overall plastic bag use. 1 Staff also researched various communities and jurisdictions that have implemented plastic bag use policies, their scope, success, incentives, enforcement, etc. Background on local and global impact of plastic bags A variety of local experts and national studies provide the following rational for reducing or restricting the use of single -use plastic checkout bags: • The litter impacts on local natural ecosystems, especially creeks and streams • Carbon footprint: Greenhouse Gas emissions in production, distribution and disposal • Resource depletion of fossil fuels in production and transportation • The ugly degradation of Dubuque's aesthetics and neighborhood sanitation systems due to plastic bag litter • The cost to retail customers and cost of litter cleanup to taxpayers and businesses • The current cultural bias for short term convenience and disposability over sustainable behavior change and consumer cost savings • Impacts of Dubuque's share of plastic litter in the Mississippi River and Gulf of Mexico. Consider these facts: • Plastic bags are a major part of Iowa's $26,000,000 annual litter cleanup costs. Half of these costs are incurred by the private sector to clean up their own properties with the remaining half paid by various governmental entities. • The Dubuque Metropolitan Area Solid Waste Agency (DMASWA) has estimated that it costs up to $30,000 annually to remove litter from the landfill premises and the Highway 20 approaches and entrance. Much of the cost is due to plastic bags blowing everywhere. (See attached photos) • Between 2 and 10% of plastic bags in the U.S. currently get recycled. • It takes 15 to 1,000 years for plastic bags to break down depending on their location.. • The U.S. uses about 100 billion plastic checkout shopping bags annually at an estimated cost to retailers of $4 billion. • Manufacturing the plastic bags consumed yearly in the U.S. requires 12 million barrels of oil equivalent. • It costs about $1,000 to collect, store, transport and bale one ton of plastic bags (112,000 bags), which can then be sold on the recyclables market for about $100. • At least one million seabirds and marine mammals die each year by ingesting plastic bag pieces which appear like potential food - especially in water. • Growing "plastic islands or soups" in the five main oceans are made up of about seven billion pounds of plastic trash and would measure about twice the size of Texas. • Approximately two billion people live in cities and countries that have either banned or added fees on checkout plastic bags. Why these facts matter: • Most plastic bags are made from fossil fuels (natural gas and crude oil) and their production generates air pollution (greenhouse gas emissions) and depletes energy resources. • These plastic bags do not biodegrade, but photodegrade, meaning that as they are exposed to light, they break into smaller and smaller pieces over time, but never totally disappear nor do they ever "compost" into beneficial material. 2 • As plastic photo degrades it acts as a sponge for various toxins which accumulate in greater concentrations. The potential exists for these toxins to then leach into soil and water resources, contaminating them. While the light weight of single use plastic bags has a convenience advantage, this same advantage turns into a major disadvantage when they escape into the environment. Blown around, plastic bags litter the local landscape, becoming an eyesore as they get caught in trees, bushes, and fences. They can also clog drains creating major problems with erosion and storm water runoff. Many of these bags end up in waterways, degrading our watershed habitat and some eventually discharge into the Mississippi River finding their way to the North Atlantic Ocean Gyre. As these bags blow, whether settling on land or in the water, some animals become entangled in them, and can drown or can't fly as a result. In addition, pieces of plastic bags are often mistaken for food by fish, birds, and other animals, and are ingested along with the embodied toxics. These chemicals have entered the food chain and can result in poisonings or death by starvation to the affected species. Many people in Dubuque reuse plastic bags but overall this is a small percentage of the bags disposed in the landfill. While some good recycling programs exist for plastic bags in Dubuque, only about 2% to 10% of plastic checkout bags are actually recycled nationally. In addition, the quality of plastic degrades each time it is recycled. Plastic from bags has a limited life due to this loss of quality and cross contamination with other materials. This curtails the demand for this type of recycled plastic for some products. Unless there is a specific program, such as Build with Bags, where bags are processed into materials for other products (benches, tables, etc.), many of these "recycled" bags are sent to third world countries where some get burned, creating more air pollution, releasing toxins, and harming the health of local workers. Trends in plastic bag reduction around the country and world Staff reviewed the policies of over 15 US communities that have banned bags, numerous communities that have developed incentive /disincentive programs, and an additional 40+ that are considering bag bans or incentive programs. Most national plastic bag reduction programs have been adopted fairly recently, with the oldest being San Francisco in 2007 and the most recent being implemented this year (2011). Reuse is included as a bag reduction strategy. However, recycling can be initially beneficial but is not a comprehensive long -term reduction strategy. Programs vary greatly as to the approach communities take to the issue, and include those that: • focus on educational efforts only, • impose a bag "user fee ," or • impose a plastic bag ban . Most of the policies passed by US cities designate the city administrator /manager or specific department to oversee the enforcement of the policy and levy fines as per their city codes. Most policies define "bags" as thinner checkout bags; this excludes bags used for produce at the grocery store or dry cleaning bags, for instance. Policies vary significantly when defining which retailers the policy applies to; the most specific policies place regulations on grocers only, while the broadest apply to every retailer in the city. 3 Most communities see their plastic bag policy as a next step in a journey toward sustainability they started a few years ago. Many also choose to implement the policy in phases, whether by purpose, contents, size and thickness of bags or types and sizes of retailers. Many have some type of educational outreach to citizens and /or retailers prior to the policy actually taking force. With many of these policies being recently enacted, and some not taking force until later this year, it has been difficult to obtain specific monitoring plans for various reduction policies: ban, or bag fee. Most with mandatory reduction or recycling policies rely on retailers to keep records of the amount recycled and to make periodic reports. See the attached Chicago Department of the Environment as one example of a system that has been put in place. Current Local Initiatives In researching potential solutions to Council's directive, staff met with grocery store representatives, Chamber members, other retailers, environmental groups, and other stakeholders to collect information on existing community efforts as well as input on recommended solutions, potential barriers to participation, etc. The result of these meetings showed that many retailers, particularly grocers, have already taken action to reduce the number of plastic bags their customers use. When retailers can incent or remind customers to bring their own reusable bags, these result in decreased costs for the retailer. Grocers have been particularly aggressive in incenting reusable bag use, with several local stores offering $0.05 rebates for each reusable bag used to pack that customer's purchases at checkout. Other stores, such as Aldi's and Sam's Club, have not offered plastic bags, or any type of bag, as an option for some time. They report that customers are aware of this policy, have changed their habits accordingly, and arrive at their stores with alternative means to carry away purchases. The Iowa Grocers' Association has also aggressively promoted the recycling of plastic bags through the Build With Bags program. Individual stores collect customers' used bags; backhaul them to their distribution outlets; and then ship them to a manufacturer where they are sorted and recycled into outdoor furniture and recreation equipment. The recycling of bags is not a viable long -term sustainable solution, as energy is still required to produce the bags and a significant amount of energy goes into the recycling of the bags. However, staff recognizes that it is a strong first step in the consumer education process and will work with stores that include bag recycling as part of their reduction strategy. Many other retailers in Dubuque offer collection locations within their stores and facilitate a bag recycling program. Finally, since the Council's discussion on plastic bags at their September 2010 meeting, a collaborative of local religious and environmental organizations have partnered to raise the awareness of the effects of disposable plastic bags and remind residents to carry reusable bags with them. A newly formed group, the Intercongregational Ecological Working Group (IEWG) comprised of representatives from women's religious congregations in the area, took on the coordination of a Lenten Plastic Bag Fast. Several groups throughout Dubuque, including parishes and Wahlert High School, utilized study materials and created awareness campaigns during Lent to encourage their members to reduce using plastic bags. In an effort to further engage the community in the discussion, several local groups and Mindframe Theater partnered to show the documentary "BAG IT: Is Your Life Too Plastic ?" free to the public (March 26 and April 2). Over 320 residents attended. This movie event was one of the activities for Dubuque 2.0's Community Sustainability Challenge Game. 4 RECOMMENDATION As evidenced by the actions of grocers, other retailers, and the general public since this discussion was first brought up at the Council table, there is a public interest in reducing the number of plastic bags used once and then discarded in Dubuque. Based on this and the successful strategies of communities across the country in limiting plastic bag use, staff is recommending a phased approach that begins with public education and engagement and becomes increasingly more aggressive with the expectation that community groups, consumers and retailers will reduce or eliminate the use of plastic bags without the need for a City- enforced "ban." Staff recommends the following phased approach to reduce plastic bag use in Dubuque. All percentages would be based on a baseline of current bag use established in July 2011. In the language below, "bags" are defined as thinner checkout bags found at grocery stores, clothing shops, and other retailers or commercial businesses. Smaller plastic "product bags" with no handles, like those used for produce, would be allowed for public health reasons. Restaurants may use plastic bags to package takeout food, but will be encouraged to find alternative packaging methods. Phase I Goal by July 1, 2012: • 25% reduction in bags purchased and distributed by chain grocers and retailers with a building footprint larger than 40,000 sq ft. (above Steve's Ace size) City staff will work internally and with partners engaged in sustainability activities to conduct a public outreach campaign that includes (1) education regarding the economic and environmental impacts of plastic bags, (2) consumer education to reduce the demand for plastic bags, and (3) retailer education to offer alternatives for lowering plastic bag use in their stores. These efforts will support and build upon existing efforts of retailers and other stakeholders. In addition, City staff will provide support to retailers in the form of a toolkit that includes ideas for their own marketing materials and also one -on -one guidance on ways that they can limit the use of bags in their stores. Initial items that would be included in the retailer toolkit include the following: • Multi -media logo, signs, messages • Publicity for retailers implementing /participating • Education /presentations /multi -media information on how to reduce /eliminate plastic bag use • Educational display to be used at community events and gathering places /stores, etc. • Retail employee in- service training and monitoring to reduce the number of plastic bags distributed (i.e. asking "Do you need a bag today?" or encouraging placing more items in one bag) • Other ideas from stakeholder groups • Dubuque 2.0 will assist with education /marketing and toolkit development. The primary performance metric would be tracking the number of checkout bags retailers purchased. A City ordinance would require the chain grocers and the largest retail businesses, larger than 40,000 square feet, to report this information to the Resource Management Coordinator on a semi - annual basis; this information would be used to provide reports to City 5 Council. Businesses smaller than 40,000 square feet would be invited to report their own use on an optional basis. City public education efforts would recognize those retailers that achieved the highest reduction rates and used the smallest total number of checkout bags per retail square foot. A secondary performance metric would be tracking the number of customer - returned plastic bags collected by retailers and shipped to a manufacturer for recycling into a product. Retailers would report this information to the Resource Management Coordinator on a bi- annual basis. City public education efforts would recognize those retailers that achieved the highest recycling rates. Phase II Goal by July 1, 2013: • 50% reduction in bags purchased and distributed by chain grocers and retail businesses larger than 40,000 sq ft; • 25% reduction in bags purchased and distributed by middle -size retail businesses between 15,000 and 39,999 sq ft. City staff would continue a collaborative community education program with the goal of reducing plastic bag demand and use without instituting a ban or tax. Businesses would continue to be required to report on a bi- annual basis to the Resource Management Coordinator, the number of bags purchased and distributed as well as customer - returned plastic bags collected and shipped to a manufacturer for recycling into a product. Phase III Goal by July 1, 2014: • 75% reduction in bags purchased and distributed by the largest chain grocers and retail businesses larger than 40,000 sq ft; • 50% reduction by middle -size between 15,000 and 39,999 sq ft; • 25% reduction by smaller -size businesses below 15,000 sq ft. City staff would continue a collaborative community education program with the goal of reducing plastic bag demand and use without instituting a ban or tax. Businesses would continue to be required to report on a bi- annual basis to the Resource Management Coordinator, the number of bags purchased and distributed as well as customer - returned plastic bags collected and shipped to a manufacturer for recycling into a product. Phase IV Goal by July 1, 2015: • 75% reduction in bags purchased and distributed by chain grocers and retail businesses larger than 15,000 sq ft; • 50% reduction by businesses below 15,000 sq ft. City staff would continue a collaborative community education program with the goal of reducing plastic bag demand and use without instituting a ban or tax. Businesses would continue to be required to report on a bi- annual basis to the Resource Management Coordinator, the number of bags purchased and distributed as well as customer - returned plastic bags collected and shipped to a manufacturer for recycling into a product. Phase V Goal by July 1, 2016: • 75% reduction in bags purchased and distributed by all Dubuque retail businesses. Businesses would continue to be required to report on a bi- annual basis to the Resource Management Coordinator, the number of bags purchased and distributed as well as 6 customer - returned plastic bags collected and shipped to a manufacturer for recycling into a product. Phase VI Goal by July 1, 2017: • 90% reduction in bags purchased and distributed by all Dubuque retail businesses. Businesses would continue to be required to report on a bi- annual basis to the Resource Management Coordinator, the number of bags purchased and distributed as well as customer - returned plastic bags collected and shipped to a manufacturer for recycling into a product. It is staff's expectation that given current efforts to reduce bag usage, the community's existing support of sustainability initiatives, and national trends, Dubuque will be able to reach a 90% reduction in plastic checkout bag use by July 1, 2017. Throughout this process, staff will review bag use rates to determine whether these progressive targets are being reached on a voluntary basis. If it does not appear that these goals are being achieved, staff will present to Council an increased public education budget for this initiative. This budget could include funding for increased demand reduction education or competitive game strategies to reduce use, for example. In July 2016, staff will determine whether a 90% reduction can be reached by July 2017. If it does not appear that this goal can be met, an ordinance requiring certain actions by stakeholders /retailers to meet this target will be recommended. Based on current best practices, it is anticipated that any ordinance would include the use of a plastic bag incentives /disincentives /user fees. This policy, similar to the current "Pay As You Throw" solid waste model, incents a reduction action without requiring a customer to reduce it. Annual stakeholder meetings facilitated by City staff would identify strengths and weaknesses of the current initiatives, barriers to retailers, and opportunities for future efforts. The primary performance metric would be required semi - annual self - reporting by retailers of type and number of checkout bag purchased for eventual distribution to customers. This data will be used to generate trend lines on bags distributed to customers at check out. Additional metrics useful in tracking the community's progress include the following: 1. Types and monetary value of voluntary incentives offered by retailer partners to reduce checkout bag use and /or increase recycling of plastic bags. 2. Promotion, marketing, signage and outreach by retailer partners related to reducing plastic bag use. 3. Community initiatives to reduce plastic bag use. 4. Local governmental initiatives to reduce plastic bag use. 5. Tracking surveys reporting checkout plastic bags collected as greater, less or the same at various regular litter clean -up locations by governmental, private sector and volunteer groups. 6. Trend reports from periodic comprehensive waste assessments at the DMASWA landfill specifically identifying plastic bags disposed as trash for landfilling. 7 Summary of timing of reduction targets Retailer size 7/1/2011 7/1/2012 7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017 Over 40,000 sq ft Baseline 25% 50% 75% 75% 75% 90% establish 15,000- 39,999 sq ft Baseline 25% 50% 75% 75% 90% established Under 15,000 sq ft Baseline 25% 50% 75% 90% established BUDGET IMPLICATIONS Community education retailer toolkit, printed materials, advertising: FY12 $2,000.00 FY13 $5,000.00 FY14 $5,000.00 FY15 $2,000.00 A likely source for these funds is the DMASWA grant program. REQUESTED ACTION Approve the strategy outlined in this memo to reduce the use of single -use plastic checkout bags by 90% in Dubuque by July 1, 2017. MRC/cj 8 ATTACHMENT 1 Retrieved 4/8/2011 from: http: / /www.chicobag.com /t -track movement.aspx and updated from other research since this list was published. SUCCESSFUL BAG BANS USA Baltimore, MD (partial ban) Brownsville, TX Calabasas, CA Edmonds, WA Fairfax, CA Long Beach, CA Los Angeles County, CA Malibu, CA Marin County, CA Marshall County, IA Maui County, HI North Carolina Palo Alto, CA (Partial ban) San Francisco, CA Westport, CT OTHER COUNTRIES Ajman, UAE American Samoa Bangladesh Buenos Aires, Argentina Chandigarh, India China Delhi, India Dubai, UAE France CONSIDERING A BAG BAN OR FEE Aurora, CO Bonita Springs, FL Forsyth, MO Maryland Miami, FL Milpitas, CA Nevada New Haven, CT GENERAL REDUCTION EFFORT Amarillo, TX Chicago, IL Delaware 9 Himachal Pradesh, India Islamabad, Pakistan Italy Kenya Kerala, India Leaf Rapids, Canada Maharashtra, India Manitoba, Canada Mumbia (Bombay), India Nain, Newfoundland and Labrador Canada Nova Scotia, Canada Oman Ontario, Canada Paris, France Quebec, Canada Red Sea, Egypt Rwanda Selangor, Malaysia Sharjah, UAE South Africa South Australia Taiwan Tanzania Uganda Yangon, Myanmar Zanibar, Africa Oahu County, HI Phoenix, AZ Portland, OR Sunnyvale, CA Igaluit, Canada Northern Ireland Uganda Hollister, CA Homer, AK Plymouth, USA Spokane, WA Texas (initiated educational program) Tuscon, AZ Victoria, TX OTHER COUNTRIES SUCCESSFUL BAG FEES USA Connecticut District of Columbia Fairbanks, Alaska Santa Monica, CA OTHER COUNTRIES PROPOSED BAG BANS OR FEES USA Annapolis, MD Aspen, CO Athens - Clarke County, GA Austin, TX Baltimore, MD Berkeley, CA Boston, MA California Colorado Concord, MA Connecticut Dallas, TX District of Columbia Encinitas, CA Fairfield, CT Florida Hawaii County, HI Iowa City, IA Kaua'i County, HI Maine Marshall County, IA Mobile, AL Ocean City, NJ Oregon Pasadena, CA Redlands, CA BAG BAN DECLINED El Paso, TX Manhattan Beach, CA Oakland, CA — passed; overturned Philadelphia, PA Red Bank, NJ Virginia 10 Edmonton, Canada Isle of Wight, UK Sibu, Sarawak Malaysia Singapore Canberra, Australia Hong Kong, China Melbourne, Australia New Zealand Romania South Wales, UK Toronto, Canada San Jose, CA Santa Cruz, CA Seattle, WA Taos, NM Toledo, OH USA National West Bridgewater, USA OTHER COUNTRIES Abu Dhabi, UAE Baa Atoll, Maldives Cebu, Philippines Edinburgh, Scotland Fort McMurray, Canada Guelph, Canada Ho Chi Minh City, Vietnam Kanyakumari, Tamil Nadu India London, UK Malta Marshall Islands Petersfield, England Philippines South Australia, Australia Vancouver, Canada Wales Winnipeg, Canada ORDINANCE NO. AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 2 ESTABLISHMENTS AND HOTEL SANITATION, BY ADOPTING A NEW SECTION 6 -2 -2 SINGLE -USE PLASTIC BAG REDUCTION Whereas, the City Council of Dubuque since 2006 has established sustainability as a priority; and Whereas, single -use plastic checkout bags have significant environmental impacts each year, in their life cycle from manufacture and distribution to use and post - use; and Whereas, post- consumer environmental effects of single -use plastic checkout bags are detrimental to watersheds, wildlife and public health; and Whereas, the use of single -use plastic checkout bags has increased dramatically in recent years and many litter our landscape and contaminate our creeks and rivers, representing a large portion of Iowa`s $26,000,000 annual litter clean -up costs, with about half incurred by the private sector and the remainder by various governmental entities; and Whereas, at its July 5, 2011 meeting, the Council adopted a plan to reduce single -use plastic checkout bag use 90% by 2017 and encourage the use of reusable shopping bags; and Whereas, there is already a great public interest in reducing single -use plastic bags, evidenced by actions of grocers, other retailers, and the general public; and Whereas, the City of Dubuque will continue to conduct an educational campaign and provide promotional materials to foster sustainable behavior change to reduce citizen consumer demand for single -use plastic check -out bags; NOW, THEREFORE, BE IT ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. City of Dubuque Code of Ordinances Title 6, Chapter 2 is amended by adding the following: 6 -2 -2: SINGLE -USE PLASTIC BAG REDUCTION: A. PURPOSE: The purpose of this ordinance is to encourage the reduction of single -use plastic checkout bags by requiring retailers located within the City of Dubuque to report and track on a semi - annual basis the number of new single -use plastic checkout bags distributed to consumers. B. DEFINITIONS: As used in this chapter, the following definitions apply: 1. "Single -Use Plastic Checkout Bag" means a new bag that is provided by a Retailer at the checkout stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single -Use Plastic Checkout Bags do not include bags provided solely for produce, bulk food or meat at a department within a grocery store, supermarket, produce or meat market or other similar retail establishment, bags provided to carry out food cooked or prepared at a restaurant or other similar food and beverage establishment, or dry- cleaning bags. 2. "Reusable Bag" means a bag made of cloth or other washable fabric. 3. "Retailer" or "Retail Establishment" means any commercial business facility located within the geographical limits of the City of Dubuque that is engaged in the sale of goods to consumers for ultimate consumption or use. a. "Large Retailers" means chain grocers, grocers and businesses 40,000 square feet or larger; b. "Middle -size Retailers" means grocers and businesses between 15,000 and 39,999 square feet; c. "Small Retailers" means grocers and businesses below 15,000 square feet. 4. "Consumer" means any person who purchases from a Retailer. C. REPORTING REQUIREMENT: Each Retailer within the City of Dubuque must submit a semi - annual report on the form provided by the City Manager or the City Manager's designee of the inventory changes of Retailer's Single -Use Plastic Checkout Bags in order to calculate the number distributed to Consumers. Each Retailer must send a copy of the report to the City Manager or the City Manager's designee for each six month reporting period between January 1 and June 30 and July 1 and December 31 of each year within 30 days of the end of each reporting period. The first, baseline report will be required as follows, based on store size: 1. Large Retailers on July 1, 2012; 2 2. Medium -sized Retailers on July 1, 2013; and 3. Small Retailers on July 1, 2014. E. ENFORCEMENT: The City Manager or the City Manager's designee is responsible obtaining required reporting data from Retailers and for enforcing, if necessary, the provisions of this Section, via a municipal infraction under City of Dubuque Code, on Retailers who do not voluntarily comply with the reporting requirements. 3