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Plastic Bags in Colorado


As of December 3rd, 2019, the city of Denver is currently in the process of enacting policy that would require retail stores to charge customers 10 cents for every single-use plastic bag that a customer uses. This is an effort to lower the production and usage of single-use plastics as well as to promote more sustainable, environmentally-friendly initiatives. The Denver City Council committee on Finance and Governance unanimously approved the initiative yesterday after short deliberation. Other states such as California and Hawaii have established similar bans. Also, other Colorado cities such as Boulder, Vail, and Telluride have established fees on plastic bags so this is nothing new. According to the sustainability coordinator for the city of Boulder, “within the first year, grocery stores used 68% fewer plastic bags”. This proposal seems likely to pass in the City Council, then it would be sent to the desk of Denver’s Mayor, Michael Hancock. According to a spokesperson for the mayor, Mayor Hancock supports this proposal. This support for the plastic bag fee from the mayor is a surprise because back in 2013, a proposal that would’ve imposed a 5-cent fee on plastic bags was struck down due to a threat of a mayoral veto. Mayor Hancock didn’t support such a proposal since he felt as though it would “disproportionately hurt the city’s low-income residents”. Now that Mayor Hancock’s support has flipped, this means that this proposal is likely to become law. The head of a big trade organization in Colorado that represents many of the major retailers and grocery stores in the state also support this fee proposal. Chris Howes, the president of the Colorado Retail Council, states that “it strikes a nice balance for everyone [consumers and retailers]”.
            This fee proposal was actually in the Colorado legislature during the 2019 session, which made the Denver City Council back away from any effort to impose a fee on plastic bags. However, the legislation died in committee and never went anywhere. In 2018, the Denver City Council considered a complete plastic bag ban but did not move forward with the proposal. A complete ban on plastic bag usage is actually illegal under Colorado law, unknown to many. According to a 1993 law, “No unit of local government shall require or prohibit the use or sale of specific types of plastic materials or products or restrict or mandate containers, packaging, or labeling for any consumer products”. However, there are eight towns in Colorado that have complete plastic bag bans. All eight of these towns are considered home-rule communities, which means that they are self-governed under the Colorado Constitution. There is plenty of grey space in the legal aspect, largely due to what occurred in Aspen in 2012. In 2012, Aspen passed a plastic bag ban and retailers charged 20-cent charges on paper bags. The city of Aspen was then sued by the Colorado Union of Taxpayers Foundation. Their argument did not use the 1993 law but rather attempted to use TABOR, which requires any implemented tax to be voted on by residents of the affected area. The Colorado Supreme Court ruled that the fee imposed by the city of Aspen is in fact a fee, not a tax which doesn’t need to be voted on by residents.
Image result for plastic bags colorado
This poster shows that the city of Avon advised its residents to purchase reusable bags in order to avoid inconveniences caused by its plastic bag ban. 
So even though technically the 1993 law prevents a plastic bag ban from being implemented, there are still such bans in place today. This could be due to a lack of awareness of the law from attorneys, interest groups, and government officials. As bigger, more densely populated cities such as Denver push for plastic bag fees and bans, we could see an increase in legislative and legal action surrounding that 1993 law. As Colorado becomes more environmentally conscious, it should be considered a surprise if more cities on the Front Range such as Fort Collins seek to implement similar plastic bag initiatives in the coming years.



Comments

  1. Bridget MurphyDecember 7, 2019 at 9:44 PM

    I think you do a really nice job explaining the topic and how the actors in different levels of government have engaged with it. I think a 10 cent charge by the city of Denver for every plastic bag is a great idea. My hometown has banned plastic bags and charges for paper bags. It is a plus that the fee is good for stores and retailers as well as the environment. It is interesting that there is a state law against banning plastic bags completely, but I am glad to see that localities have gone ahead and banned the single-use plastics themselves. I like how you highlight the discrepancy with the laws that are in place versus what is actually being practiced. A really informative post!

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  2. LauraDecember 8, 2019 at 8:40 PM

    Your analysis on the background of this policy is great! It is not surprising to me that the mayor's perception on the issue has changed. As a whole I believe the U.S is becoming more aware of how impactful using a lot of plastic can be. I hope this policy succeeds.

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  3. Brennan LittleDecember 9, 2019 at 3:14 PM

    It is definitely good to see that Colorado's capitol is finally implementing a ban on plastic bags. Honestly, I am surprised that the state as a whole has not introduced a law such as this one by now. Obviously it has the support of many of it's major cities, I would like to see some state-wide legislation within the next few years. Though, if that were to occur they would have to change the law you mentioned against banning plastic bags completely.

    Overall, I really enjoyed your post and its message. Implementing legislation like this is what needs to occur if we are to actually make an environmental impact. Thanks!

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  4. Kaylin BrooksDecember 11, 2019 at 11:19 AM

    Great work! This piece is very interesting! I am a big believer in bringing your own bags and had no idea that places in Colorado had bans and fees on plastic bags, so that was exciting. Also, you bring up a great point about questioning if the 1993 law will come into play with the city of Denver's plan to ban plastics.

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  5. Eddy BaisleyDecember 11, 2019 at 5:16 PM

    Thank you for your well written post about the issue of single use plastic bags in Colorado. I was unaware that Denver and other localities around the state had or are pursuing plastic bag bans. For one, I am excited to hear that these localities are actually taking the initiative upon themselves to do something about his ever persistent issue, especially since we have people within the state legislature that seem to think plastic isn't a big problem. With that being said, I can see why the Mayor of Denver was hesitant to support ban due to the burden that might fall on poorer communities, however I am glad to hear has changed his mind. Although it is true, that any fee or sales tax will inequitably hurt poor demographics more than richer, I believe that a plastic bag ban or fee is acceptable because we all need to take responsibility for how much single use plastic we use. All in all, I am huge supporter of single use plastic bans because it incentives people to be more environmentally conscious

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