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HomeMy WebLinkAbout08. Single Use Plastics Memo- VEAC 100824 To: Vail Economic Advisory Council From: Environmental Sustainability Date: October 8, 2024 Subject: Single Use Plastics Ordinance Development Process I. Purpose The purpose of this memorandum is to present the Vail Economic Advisory Council with an update on the process and timeline to develop a single use plastic ordinance for the Vail community and to receive initial input on the process, single use items to include, and potential challenges to the business community. II. Background Following public comment on January 16, 2024, a student presentation to the Vail Town Council on September 17, 2024, and a staff presentation on October 1, 2024, on single use plastic ordinances already enacted by peer resort communities, Vail Town Council directed staff to explore a single use plastic ordinance that fits the community. Each year over 350 million tons of plastic is created globally and only 9% is ever recycled 1. Each time plastic is recycled, it is downcycled, becoming a less valuable commodity in the recycling market. Eventually it can no longer be recycled and is buried in a landfill. Plastic production requires fossil fuels to create, which contributes to greenhouse gas emissions, and often becomes a source of litter. As plastic breaks down in the environment, it becomes microplastics which infiltrate soil and water, becoming part of the ecosystem and food web. On July 6, 2021, Governor Polis signed HB21-1162, the Plastic Pollution Reduction Act (PPRA) into law, the second most comprehensive law in the country. With the signing of this bill, Colorado becomes the first state in the U.S. to strike a state plastics preemption law, restoring the right of local municipalities to enact their own plastic regulations. This legislation also institutes a carry out single use bag fee, prohibits distribution of single use plastic bags from retailers, and prohibits use of polystyrene to- go containers. The four components of the PPRA, its phased implementation, and Town of Vail’s requirements as defined in Title 5, Chapter 13 of the Town Code can be referenced in Appendix A. The last phase of the PPRA went into effect on July 1, 2024, and lifts the local government pre- emption on plastic bans, allowing local municipalities to enact, implement, and enforce more 1 OECD (2022), Global Plastics Outlook: Economic Drivers, Environmental Impacts and Policy Options, OECD Publishing, Paris, https://doi.org/10.1787/de747aef-en. Town of Vail Page 2 stringent laws that prohibit, restrict, or mandate the use or sale of plastic materials, containers, packaging, or labeling. Several peer resort communities have moved forward with ordinances prohibiting the sale and distribution of single use plastic water bottles under a gallon and other service items, which can be referenced in Appendix B: Single Use Plastic Research Matrix. Alignment with Vail Town Council Strategic Plan Implementing regulations on single use plastic in Vail aligns with the Vail Town Council 5-Year Strategic Plan under the Environmental Sustainability Strategic Priority, especially to achieve two desired results. • Strategic Priority - Environmental Sustainability: o Our sensitive alpine environment supports our economy, and the Town must continue to be a responsible steward of our sensitive natural resources and should continue to be a leader in environmental sustainability for mountain resort communities across the world. • Desired Results: o E.1 By 2029, Gore Creek is no longer a 303(d) listed impaired waterway which would reduce near term risk of losing the gold medal fishery status. o E.3: Reduce 2014 baseline carbon emissions by 25% by 2025, 50% by 2030, and 80% by 2050. During public outreach for the development of Vail’s Stewardship Roadmap public input also indicated support for reduction of single use plastics in Vail, especially water bottles. This ordinance would also support Action 4: Continue Vail’s Commitment to Environmental Stewardship in Vail’s Stewardship Roadmap, adopted by the Vail Town Council June of 2023. A total of $212,000 for Destination Stewardship Implementation was moved from the Vail Local Marketing District Advisory Council into the General Fund during the first budget supplemental of 2024. Following a procurement process, Lotus Engineering was selected for a contract for Destination Stewardship Implementation, funded through the general fund in 2024. A portion of the contract has been executed to conduct a Greenhouse Gas Inventory and Modeling of high impact strategies, which is currently underway. There is additional funding for the second phase of this contract to support Waste Reduction and Diversion Solutions for the Town of Vail, a portion of which was designed to support single use plastic policy development, including community and business outreach at $26,838, should the Town Council wish to move forward. III. Recent Single-Use Plastics Ordinances Several peer resort communities, such as Telluride, Breckenridge, and Frisco, have recently adopted and implemented ordinances banning or minimizing use of specific single use plastic items. A. Prohibited items: Some common policy adopted includes banning the use or sale of at businesses, special events, and town owned, leased or operated facilities: • Single use plastic water bottles under one gallon in size o Breckenridge has increased the number of and created a map of water filling stations around town and promotes bringing and using re-usable water bottles. • Plastic or polystyrene containers for prepared food – includes but limited to plates, cups, bowls, trays, cartons, and hinged or lidded containers of any kind • Plastic beverage straws • Plastic cutlery Town of Vail Page 3 • Miscellaneous plastic provisions: o toothpicks wrapped in plastic, o cotton swabs made with plastic, o any single-use condiment packages served in plastic, o plastic garnish spears, or o plastic stirrers of any kind. B. Items Available Upon Request Only: • To-go service ware provided by restaurants upon request only. o Includes: utensils, chopsticks, packaged condiments, napkins, straws, stirrers, splash sticks, and cocktail sticks, designed for a single-use o In some cases single use plastic to-go service ware is permitted and in others it is prohibited. o Town of Breckenridge also has a Good at To Go campaign to educate businesses, residents and visitors. They also have grant program to help businesses purchase durable service ware or items to move to using durables instead of single use items, such as dishwashers. C. Exceptions in place for: • Packaging or the provision of pharmaceutical drugs, medical devices, or dietary supplements or any equipment or materials used to manufacture pharmaceutical drugs, medical devices, or dietary supplements. • Single-use plastic water bottles, shall not apply in cases of emergency or other Town situations where the Town Manager finds that relying on single-use plastic water bottles is necessary to protect the public health, safety and welfare and no reasonable alternative would serve the same purpose, including lack of available potable water due to a natural disaster or disruption in the Town’s water treatment system. • Prohibition of single-use plastic water bottles shall not apply in the case of law enforcement, fire department or emergency medical services where individuals are responding in their official capacities to an emergency or first responder situation. IV. Ordinance Development Process Staff will include the following steps in the development of a single use plastic ordinance. A. Incorporate Town Council input to draft a phased approach to banning specific single use plastics (e.g., single use plastic water bottles less than one-gallon, plastic cutlery and to go containers, plastic cups, etc.) B. Provide community outreach with local businesses, the Vail Local Marketing District Advisory Council, the Vail Economic Advisory Council and through a community open house with information and to gather feedback on the proposed plan. C. Share the plan and input from the community outreach with the Planning and Environmental Commission and work with the Town Attorney to draft an ordinance to present to the PEC for a recommendation to the Vail Town Council for approval. D. Present the ordinance to the Vail Town Council for adoption. E. Collaborate with relevant departments to develop a marketing campaign to educate businesses, residents, visitors, and employees. F. Collaborate with partners to identify new opportunities for water refill stations around town and create a map of their locations. G. Work with businesses to ensure they have the resources needed to comply, including a possible grant program, pending funding. Town of Vail Page 4 V. Staff Recommendations and Council Direction At the October 1, 2024, Vail Town Council meeting, Staff asked Council if they supported moving forward to develop a single use plastics ordinance. Staff recommended the Vail Town Council include the following items in a proposed ban to have the most impact: o Single use plastic water bottles less than a gallon in size o Single use plastic cutlery, straws, single use plastic cups o Single use plastic service ware (by request only) Other plastic and single use service items may be added in the future. In order to conduct the stakeholdering, community input, program and collateral necessary to implement such an ordinance, staff also recommends that the Town Council support moving forward with the proposal provided by Lotus Engineering earlier this year. Following the staff presentation and discussion, Vail Town Council directed staff to move forward with the process to develop a measured and phased single use plastic ordinance and work with Lotus Engineering on the process outlined in this memo. VI. Vail Economic Advisory Council Input Staff is interested in any initial feedback impressions from the Vail Economic Advisory Council regarding items to include in the ordinances, concerns or challenges for local businesses, timeline, and other input. The VEAC will be included in future stakeholdering throughout the development process for a single use plastic ordinance. Town of Vail Page 5 Appendix A: Four Main Components of HB21-1162, the PPRA Phase One: January 1, 2023: Plastic and Paper Bag Fee • Fee on all plastic and paper bags went into effect- Vail implemented a 25-cent per plastic and paper carryout bag fee • During this time, retailers can still give out plastic bags, but are required to charge ● Affects all grocery and retail stores in Vail ● Restaurants are excluded ● Retailers in Vail keep $0.15 per bag to implement the program ● Town of Vail receives $0.10 per bag to implement program, enforce the law, fund recycling, composting, waste diversion programs, and education. ● Does not apply to customers with federal or state food assistance programs ● Fee on plastic bags ends Jan. 1, 2024 Phase Two: January 1, 2024: Plastic Bag Ban • Ban on plastic carryout bags goes into effect. • Affects grocery and retail stores in Vail • Restaurants are excluded • Stores can use up any remaining stock of bags until June 1, 2024 as long as they were purchased by Jan. 1, 2024 (bag fee still applies to the remaining stock used) January 1, 2024 – Ban on polystyrene food containers and cups ● Ban on polystyrene to-go food containers and cups went into effect ● Affects all restaurants, grocery and convenience stores, and schools ● Retail food establishments can use up any polystyrene containers purchased by Jan. 1, 2024, until they are gone Phase Three: July 1, 2024: Local government pre-emption on plastic bans is lifted ● Municipalities and counties can enact, implement and enforce more stringent laws ● Local governments can enact and enforce laws that prohibit, restrict or mandate the use or sale of plastic materials, containers, packaging or labeling ● Exempts packaging for medical products including drugs, medical devices or dietary supplements Town of Vail Page 6 Appendix B: Single Use Plastic Research Matrix Location Peer Communities Plastic Straws Plastic Cups Plastic to go ware Single use water bottles Polystyrene Specific Condiment Packets Plastic skewers Cotton Swabs Plastic wrapped Toothpicks Breckenridge, CO On July 1st, 2024 Breckenridge, CO banned the sale of single use plastic water containers less than 1 gallon in size and ended restaurants ability to use plastic to go containers and silverware through Town Code: Title 5 Chapter 1-13 Ordinance NO. 12, Series 2023. Single use countainers under 1 gallon of size are to be replaced by aluminum counterparts. In addition, the SustainableBreck Plan recommends the Town consider a prohibition on all single-use plastic beverage containers by 2024 to help achieve 20% source reduction of municipal solid waste. To that end, we are seeking input and feedback from local businesses on the feasibility and impact of this proposal. Local businesses are invited to the Local Business Roundtable to provide feedback. The town also provides a map of all water refill stations. https://breckenridge.town.codes/Code/5-12-6 https://www.summitdaily.com/news/as-breckenridge- introduces-plastic-bans-town-staff-roll-out-a-campaign-to-get- the-community-and-visitors-on-board/ https://www.townofbreckenridge.com/Home/Components/Ne ws/News/2247/32 file:///C:/Users/Aidan/Downloads/State-of- Recycling-and-Composting-2023-Report_Eco- Cycle_CoPIRG_web-2.pdf X X Frisco, CO Active July, 1st 2024 Frisco banned the use of single use water bottles and cups in all government owned locations and their comercial use and businesses and commercial entities. They continue to ban all resturants form using polystyrene (commonly known as styromfoam) to go containers and required all resturants to only provide silverware on to go orders when specifically requested by customer. https://library.municode.com/co/frisco/ordinances/code_of_or dinances?nodeId=1230456 X X X X South Lake Tahoe, CA Introduces a ban on single use plastic bottles smaller than a gallon and removes exemptions for polystyrene to go containers. https://www.cityofslt.us/2267/Plastic-Waste Exec Summary- https://legistarweb- production.s3.amazonaws.com/uploads/attachment/pdf/1562 290/Item_8_-_Executive_Summary.pdf Updated Ordinance- https://legistarweb- production.s3.amazonaws.com/uploads/attachment/pdf/1545 575/Ordinance_Amending_Chapter_4.175__Single- Use_Plastics_.pdf Staff Report- https://legistarweb- production.s3.amazonaws.com/uploads/attachment/pdf/1545 572/Staff_Report_on_Single_Use_Plastics_Ordinance_Amendm ents.pdf X X X Telluride, CO Telluride has outlawed businesses from using; polystyrene food containers, plastic straws, single use plastic water bottles, plastic cutlery, toothpicks wrapped in plastic, plastic cotton swabs, and single- use condiment packets. https://telluride.municipal.codes/TMC/7-8-10 X X X X X X X X X Steamboat Springs, CO Events that require a special city permit are also required are offered finacial incentives and training to reach certain sustainability critera. To qualify for the incentives the event must have; provided water refill stations, use resusable, recyclable, or compostable service ware, and provide staffed zero waste stations https://www.steamboatsprings.net/1301/Sustainability- Incentives Banned Plastics Ban or Ordinance Resource Truckee, CA On January 23rd, 2024 the Town of Truckee adopted the Single-Use Plastic Bottle and Paper Carton Ordinance. The ordinance prohibits the sale and commercial distribution of unflavored, non-carbonated water in single-use plastic bottles and paper cartons under a gallon in size beginning April 22, 2025. https://www.keeptruckeegreen.org/commercial-waste- recycling/single-use-bottle- reduction/#:~:text=On%20January%2023rd%2C%202024%20th e,size%20beginning%20April%2022%2C%202025. X Aspen, CO Aspen did not pass an actual ordinance, but they did work with local resteraunts to transition into providing straws only when requested rather succesfully. Within six months they saw an 80%-90% reduction in straw usage file:///C:/Users/Aidan/Downloads/State-of-Recycling-and- Composting-2023-Report_Eco-Cycle_CoPIRG_web-2.pdf X Basalt, CO Basalt has installed water refill stations outside their town hall and promotes the enviromental benefit of refilling reusable water bottles https://www.basalt.net/273/Drinking-Water-Filling-Station Cities Cape Cod, MA In 2020 the Commercial Single-use Plastic Water Bottle Ban was inititated in multiple Cape Cod towns which eliminated the sale of non- carbonated, non-flavored water in single-use plastic bottles of less than 1 gallon in size within the jurisdictional area of a town. https://sustainablepracticesltd.org/bottle-ban X Cape Cod, MA Fall of 2021, Brewster, Wellfleet, Falmouth, Harwich, Orleans and Provincetown banned single-use plastic water bottles. Other towns will be implemented in 2022. https://www.capecodtimes.com/story/news/2021/09/13/plasti c-water-bottle-bans-take-effect-several-cape-towns-businesses- react/5752131001/ X Los Angeles, CA On May 1, 2023, a ban on single-use plastics went into effect for restaurants with permanent locations in unincorporated areas of Los Angeles County. The ban was originally passed in April of 2022 by the Los Angeles County Board of Supervisors, with enforcement rolled out based on the type of establishment. Banned: single use food service: utensils, cups; Dine in requires durable, reusable serviceware; LA banned polystyrene in 2022. https://www.drinkflowater.com/blog/single-use-water-bottles- banned-in-la/X Denver, CO Restaurants must provide single use service where for to go orders exclusively upon request by the customer https://library.municode.com/co/denver/codes/code_of_ordin ances?nodeId=TITIIREMUCO_CH2AD_ARTXIXOFCLACSURE_DIV 3RESIEAC X X X X X https://www.sfgate.com/travel/article/SFO-plastic-bottle-ban- 14276953.php New York City, NY Concord, MA In 2016, they passed a ban on businesses to sell plastic water bottles that hold up to 21 ounces. Violators face up to a $1000 fine. https://recycle.ab.ca/newsletterarticle/san-francisco-becomes- the-first-city-to-ban-sale-of-plastic-bottles/ Executive order: sales ban on single-use plastic bottles on city-owned property or leases https://www.theverge.com/2020/2/7/21127981/new-york-city- single-use-plastic-bottle-ban In 2012, they banned sales of single-serving water bottles of 1 liter or less. First offense earns a warning, the second gets a $25 fine, third+ equals a $50 fine (this might have changed - seems outdated). Exemption during emergencies. San Francisco International Airport will ban the sale of water in plastic bottles starting on Aug. 20 as part of an ongoing effort to eliminate single-use plastic used or sold on municipal property. The airport is owned by the city and county of San Francisco. -- can sell in aluminum, glass or BPI certified compostable bottles. https://concordma.gov/DocumentCenter/View/2022/Water- Bottle-Bylaw-Attorney-General-Final-Decision-PDF?bidId= San Francisco, CA Townships surrounding Philidelphia A number of townships outside of Philidelphia have instituted local ordinances requiring straws only be provided upon request, bans on plastic straws, bans on polystyrene containers, bans on plastic utensils, and requiring that plastic utensils only be provided upon request. https://environmentamerica.org/pennsylvania/resources/penn sylvania-local-laws-reducing-plastic-waste/X X X Cupertino, CA Starting September 6, 2023 the city of Cupertino is outlawing single- use plastic foodware. This includes but is not limited to, cups, plates, bowls, trays, take-out containers, single-use carry-out bags, stir sticks, straws, and utensils. All to-go containers are to be compostable, all dine-in where is to be durable to compostable, and most take out accessories must be requested for, however, there are exemptions for drive-throughs. https://www.cupertino.org/our- city/departments/environment-sustainability/single-use- plastics-ordinance X X X X X San Diego, CA This ordinance bans the use of most polystyrene and states that both fossil fuel based plastic and compostable plastic cups must only be provided upon request. https://www.sandiego.gov/environmental- services/recycling/pf-ban X X States California Phase out in single use plastic food packaging in 2022; Requires all food packaging to be recyclable or compostable by 2034. Banned single use plastic water bottles and paper cartons less than one gallon for non-carbonated, unflavored water statewide; Goes into effect 2025. https://www.keeptruckeegreen.org/uncategorized/bye-bye- plastic-banning-single-use-plastic-water- bottles/#:~:text=The%20ban%20applies%20to%20non,%2C%20 2025%20(Earth%20Day). X Policy options Upstream sample policy A framework for policy restricting the use of single use plastic to go containers provided by Upstream. This frame work was produced by compiling experience from researching and pushing single use plastic policy across the US in their "Skip the Stuff" campaign. https://static1.squarespace.com/static/5f218f677f1fdb38f06ce bcb/t/63f625de1337184554e4cde5/1677075935103/Model+Ski p+the+Stuff+Policy_2023.pdf State of Waste Streams a comprehensive annual report on the state of Colorado waste streams file:///C:/Users/Aidan/Downloads/State-of-Recycling-and- Composting-2023-Report_Eco-Cycle_CoPIRG_web-2.pdf Upstream "Skip the Stuff" campaign website Policy toolkit website that provides information and frameworks in how to introduce laws that help combat single use plastic entering the waste stream. https://upstreamsolutions.org/skipthestufftoolkit Economic Report on the Costs of Single Use Plastics Upstream Solutions Reports on the costs of single use plastics and the emergence of new reuse economy to repalce to costs of the old. https://upstreamsolutions.org/blog/reuse-wins-report