HomeMy WebLinkAbout2022-12-08 EEC AgendaAgenda
Energy and Environment Commission
City Of Edina, Minnesota
City Hall - Community Room
Meeting will take place in person. Masks are optional.
Thursday, December 8, 2022
7:00 PM
I.Call To Order
II.Roll Call
III.Approval Of Meeting Agenda
IV.Approval Of Meeting Minutes
A.Minutes: Energy and Environment Commission November 10,
2022
V.Special Recognitions And Presentations
A.Special Presentation: 2021 Edina Community Greenhouse Gas
Inventory
VI.Community Comment
During "Community Comment," the Board/Commission will invite residents to share relevant issues
or concerns. Individuals must limit their comments to three minutes. The Chair may limit the
number of speakers on the same issue in the interest of time and topic. Generally speaking, items
that are elsewhere on tonight's agenda may not be addressed during Community Comment.
Individuals should not expect the Chair or Board/Commission Members to respond to their
comments tonight. Instead, the Board/Commission might refer the matter to sta% for
consideration at a future meeting.
VII.Reports/Recommendations
A.Review and Comment: EEC Plastic Bags Working Group Draft
Items
B.Monthly call for communication requests
VIII.Chair And Member Comments
IX.Sta1 Comments
X.Adjournment
The City of Edina wants all residents to be comfortable being part of the public
process. If you need assistance in the way of hearing ampli3cation, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
Date: December 8, 2022 Agenda Item #: IV.A.
To:Energy and Environment Commission Item Type:
Minutes
From:Grace Hancock, Sustainability Manager
Item Activity:
Subject:Minutes: Energy and Environment Commission
November 10, 2022
Action
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Approve EEC meeting minutes, November 10, 2022
INTRODUCTION:
ATTACHMENTS:
Description
EEC Minutes: November 10, 2022
Agenda
Energy and Environment Commission
City Of Edina, Minnesota
City Hall - Community Room
Meeting will take place in person. Masks are optional.
Thursday, November 10, 2022
7:00 PM
I.Call To Order
Chair Martinez called the meeting to order at 7:01pm.
II.Roll Call
Answering roll call were Chair Martinez, Vice Chair Horan, Commissioners
Dakane, Haugen, Hovanec, Lukens, Tessman and Schima, Student
Commissioners Machart and Rawat.
Absent: Commissioner Lukens
III.Approval Of Meeting Agenda
Motion by John Haugen to Approve Meeting Agenda. Seconded by Tom
Tessman. Motion Carried.
IV.Approval Of Meeting Minutes
A.Minutes: Energy and Environment Commission October 13, 2022
Motion by Michelle Horan to Approve Meeting Minutes. Seconded by
Hilda Martinez Salgado. Motion Carried.
V.Special Recognitions And Presentations
A.Special Presentation: Edina Organics Coordinator
EEC received a report from Organics Coordinator Singh regarding 2021-22
progress on goals.
B.Special Presentation: Project Earth
EEC received a report from Edina High School's Project Earth including
projects and goals for the next 12 months.
EEC discussed ways to support Project Earth via EEC student
commissioner leadership.
VI.Community Comment
No community comment was received
During "Community Comment," the Board/Commission will invite residents to share relevant issues or
concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of
speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on
tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair
or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might
refer the matter to staff for consideration at a future meeting.
VII.Reports/Recommendations
A.Monthly call for communication requests
EEC requested advice on ways to promote Project Earth projects such as
school clothing swaps and free closets.
B.EEC 2023 Work Plan with CM comments
EEC received an update on their work plan proposal, with City Manager
comments.
VIII.Chair And Member Comments
Chair Martinez invited all Members to make comments around the room.
IX.Staff Comments
X.Adjournment
The EEC meeting was adjourned at 8:42pm.
Motion by Tom Tessman to Adjourn. Seconded by Bayardo Lanzas. Motion
Carried.
T he City of Edina wants all residents to be comfortable being part of the public process. If
you need assistance in the way of hearing amplification, an interpreter, large-print
documents or something else, please call 952-927-8861 72 hours in advance of the meeting.
Date: December 8, 2022 Agenda Item #: V.A.
To:Energy and Environment Commission Item Type:
Other
From:Grace Hancock, Sustainability Manager
Item Activity:
Subject:Special Presentation: 2021 Edina Community
Greenhouse Gas Inventory
Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Receive information from Ted Redmond, of PaleBLUEdot, regarding Edina's 2021 greenhouse gas inventory
results.
INTRODUCTION:
Edina's Climate Action Plan requires a biennial greenhouse gas inventory. The City's prior inventory was
conducted for the year 2019.
ATTACHMENTS:
Description
Edina 2021 GHG Progress Report
2021 Community
GHG Emissions
Progress Summary
December 2022
Prepared by:
Table of Contents
Section 01 Introduction
Section 02 Findings In Brief
Section 03 Climate Action Goal Metrics
Appendix 1 GHG Inventory Calculation Summary
Spreadsheets
Edina 2021 GHG Emissions Progress Summary 1-1
Path of Anticipated GHG emissions
levels if we do not act.
Path of GHG emissions reductions
by implementing our CAP plan.
Avoided GHG Emissions
Projected City-wide GHG reductions from CAP implementation
The City of Edina’s GHG emission reduction goals are to
be compatible with the 2015 Paris Agreement and shall
target a reduction in City operations and community-
wide emissions of 45% below 2019 levels by 2030 and
achieve net zero emissions by 2050.
1-3 Edina 2021 GHG Emissions Progress Summary
Introduction
Edina’s Climate Action Plan
In December 2021, the City of Edina
adopted a Climate Action Plan (CAP)
with a commitment of reducing the
community-wide carbon footprint and
fostering sustainability. Edina’s CAP is
anticipated to lower greenhouse gas
emissions by 45% by 2030, upon suc-
cessful implementation of the strategies
and action items detailed in the Plan.
Greenhouse Gas (GHG) Inventory
paleBLUEdot has conducted an update
to the Village’s GHG Inventory for 2021.
This inventory includes community-
wide emissions as well as emissions as-
sociated with municipal operations.
The inventory is summarized in the fol-
lowing pages with detailed calculation
spreadsheets provided in Appendix 1 of
this report.
GHG Emission Sector Project Resource
Residential Energy Consumption - Electric-
ity
Data Source: Xcel Energy
Emissions Factors: Same as above
Residential Energy Consumption - Natural
Gas
Data Source: Centerpoint Energy
Emissions Factors: US EPA
Commercial/Institutional Energy Con-
sumption - Electricity
Data Source: Xcel Energy
Emissions Factors: Same as above
Commercial/Institutional Energy Con-
sumption -
Natural Gas
Data Source: Centerpoint Energy
Emissions Factors: US EPA
Transportation - On Road Data Source: State of Minnesota DOT
Emissions Factors: US EPA MOVES model
Waste - Solid Waste
Data Source: City of Edina, State of Minnesota
Emissions Factors: US EPA Warm Model, State of Minnesota Waste Characterization
Study
Water and Wastewater
Data Source: City of Edina, Metropolitan Council
Emissions Factors: US Community Protocol population based emissions models /
Fuel Mix Disclosure Report / US EPA eGRID
Methodology, Sources, and Terminology
This GHG inventory is assembled based on the Greenhouse Gas Protocol for businesses and communities
established by GHG Protocol (www.ghgprotocol.org/) and is consistent with the protocol established by ICLEI
Local Governments for Sustainability. The terminology used in this report is consistent with international
Carbon Footprinting protocols. Unless noted otherwise, the Greenhouse Gas (GHG) emissions shown in this
report are in metric tons of CO2e: Carbon Dioxide Equivalent. CO2e is a standard for expressing the impact
of all greenhouse gas including those from other pollutants including methane (CH4), nitrous oxide (N2O),
and fluorinated gasses like Chlorofluorocarbons (CFC) in terms of the equivalent amount of CO2 that would
have the same impact.
GHG inventories, generally, arrive at an estimated emission in each emissions sector by multiplying raw
consumption data - total electricity consumed as an example - by an emissions factor which define the
greenhouse gasses emitted per unit of raw consumption. The chart to the right illustrates the sources used
for all raw consumption and emission factor data used in the GHG inventory calculations.
1-4 Edina 2021 GHG Emissions Progress Summary
Introduction
Energy
Emissions are produced from
the combustion of heating
fuel, natural gas, coal, and
other fossil fuels primarily for
heating, cooling, and electric-
ity generation.
Transportation
Emissions come from
the combustion of
fossil fuels for ground
transportation and air
travel.
Solid Waste
Emissions in the waste
management system
come from the decompo-
sition of biodegradable
waste (e.g., food and yard
waste) in the landfill.
Water + Wastewater
Emissions from energy
uses are calculated for
treatment and distribu-
tion of water and the
collection and treatment
of wastewater.
Key Greenhouse Gas Sectors
Where do GHGs come from?
Introduction
What Are GHG’s?
A greenhouse gas (GHG) is a mole-
cule in the atmosphere which does
not react to light energy in the visi-
ble range (like sunlight), but does
react to light energy in the infrared
range-like that which is emitted
from the Earth after being warmed
by the sun. The most common
greenhouse gases include carbon
dioxide (CO2), methane (CH4), and
nitrous oxide (N2O).
Why do GHG’s Matter?
GHG’s let the sun's light shine onto
the Earth's surface, but they trap
the heat that reflects back up into
the atmosphere. In this way, they
act like the insulating glass walls of a
greenhouse. The more GHGs there
are, the more heat that is trapped in
our atmosphere and the more we
experience the impacts of global
warming.
What can we do to reduce GHG’s?
Greenhouse gases can be reduced
by making changes within the key
greenhouse gas sectors within our
community—particularly through
the reduction and elimination of
fossil fuel combustion and the ad-
vancement of clean energy sources.
2-1 Edina 2021 GHG Emissions Progress Summary
02 S e c t i o n
Findings in Brief
Click here to
return to TOC
Edina GHG Emissions Overview
Community wide total emissions for the City of Edina have decreased 15.3% from 709,509 metric tons in
2019 (Climate Action Plan Baseline Year) to 600,954 metric tons in 2021.
GHG Emissions Reduction Achieved vs Goal
The community-wide annual GHG emission goal for 2021 to be in alignment with the Climate Action Plan’s
2030 targets is a total reduction of 8.2% below 2019 CAP Baseline levels. GHG emissions for the year 2021
achieved 15.3% reduction significantly exceeding plan goals for the year.
* Population estimates from US Census Bureau Quick Facts, Employment estimates from US Census Bureau On The Map data,
GDP values are City of Edina pro-rata share of county total based on data from US Department of Commerce Bureau of Economic
Analysis.
2019 By The Numbers 2021 By The Numbers 2 CAP Year Trend
Dashboard
GHG Emissions GHG Emissions GHG Emissions
709,509 600,954 -108,555 -15.3%
13.4 MT Per-Capita 11.3 MT Per-Capita -2.0 MT Per-Capita
16.7 MT / Job 14.3 MT / Job -2.2 MT / Job
0.1335 MT / $1,000 GDP 0.1187 MT / $1,000 GDP -0.015 MT / $1,000 GDP
Population* Population* Population *
52,857 53,318 +461 +0.9%
GDP * GDP * GDP *
$5,312,326,108 $5,111,224,023 -$201,102,085 -3.8%
$95,863 GDP Per-Capita $95,863 GDP Per-Capita +$3,241 GDP Per-Capita
Employment* Employment Employment
42,386 41,909 -477 -1.1%
2-2 Edina 2021 GHG Emissions Progress Summary
How Large Are Community wide
GHG Emissions?
The community’s total emissions have re-
duced 15.3% from 2019 levels (Climate Action
Plan Baseline Year) —equivalent to eliminating
over 2 Billion cubic feet of human-made
greenhouse gas atmosphere—shown in green
in this image.
The volume of the remaining 2021 emissions
are equal to 10.5 Billion cubic feet, or a
cube 2,400 feet wide and deep and 2,000
feet tall— shown in blue in this image. The
depictions of Edina’s emissions viewed here
are seen from over 2 miles away.
2-3 Edina 2021 GHG Emissions Progress Summary
Findings in Brief
Greenhouse Gas (GHG) Inventory
paleBLUEdot has conducted an update to the
Village’s GHG Inventory for 2021. This
inventory includes community-wide
emissions as well as emissions associated
with municipal operations. This GHG
inventory is assembled based on the
Greenhouse Gas Protocol for businesses and
communities established by GHG Protocol
(www.ghgprotocol.org/) and is consistent
with the protocol established by ICLEI Local
Governments for Sustainability.
In December 2021, the City of Edina adopted
a Climate Action Plan (CAP) with a
commitment of reducing the community-
wide carbon footprint and fostering
sustainability. Edina’s CAP is anticipated to
lower greenhouse gas emissions by 45% by
2030, upon successful implementation of the
strategies and action items detailed in the
Plan.
On an annualized basis, the community-wide
GHG emission goal for 2021 to be in
alignment with the Climate Action Plan’s
2030 targets is a total reduction of 8.2%
below 2019 CAP Baseline levels.
Transportation
Water + Wastewater
Solid Waste
Buildings + Energy
2030 GHG Emission Goal
City of Edina 2021 Community-Wide
GHG emissions are 15.3% below 2019
levels, on-track with Climate Action
Plan goals.
Community-Wide Annual GHG Emissions
2-4 Edina 2021 GHG Emissions Progress Summary
Findings in Brief
Community-Wide Sector GHG Trend Lines
Transportation
Buildings + Energy
Solid Waste
Water + Wastewater
2019 CAP
Baseline
2021
Value
2030 CAP
Goal
On Track
*2019 value corrected from original Community GHG Inventory
2-5 Edina 2021 GHG Emissions Progress Summary
Findings in Brief
Municipal Operations GHG Emissions
Municipal Operations GHG emissions include
energy consumption related to vehicle and
equipment fleet operations, building and site
operations, solid waste generated on
municipal sites, and the municipal portion of
water and wastewater treatment.
On an annualized basis, the community-wide
GHG emission goal for 2021 to be in
alignment with the Climate Action Plan’s
2030 targets is a total reduction of 10.8%
below 2019 CAP Baseline levels.
Fleet
2030 GHG Emission Goal
Water + Wastewater
Solid Waste
Buildings
City of Edina 2021 Municipal
Operations GHG emissions are 35.6%
below 2019 levels, on-track with
Climate Action Plan goals.
Municipal Operations Annual GHG Emissions
2-6 Edina 2021 GHG Emissions Progress Summary
Findings in Brief
Municipal Operations Sector GHG Trend Lines 2019 CAP
Baseline
2021
Value
2030 CAP
Goal
On Track
Fleet
Buildings +
Streetlights
Solid Waste
Water + Wastewater
*2019 value corrected from original Community GHG Inventory
3-1 Edina 2021 GHG Emissions Progress Summary
03 S e c t i o n
Climate Action
Goal Metrics
Click here to
return to TOC
Climate Action Goal Metrics
The 2021 Edina Climate Action Plan’s purpose is to guide actions to advance sustainability, climate
change resilience, and greenhouse gas (GHG) reductions community-wide as well as within
municipal operations through 2030. The structure of the plan establishes aspirational goals
organized in 8 sectors of community-wide focus which are supported by 36 strategies to be
achieved through the implementation of 200 detailed actions.
The Climate Action Plan established GHG reduction goals across four sectors as well as 16
additional performance metric goals across six of the eight total sectors. This section provides a
review of the current status of the GHG reduction and performance metric goals for the four
sectors included in the GHG Inventory: Transportation, Buildings and Energy, Solid Waste, and
Water + Wastewater.
The metrics for each of the performance goals of the four GHG Inventory sectors are outlined on
the following page. Metrics whose progress is on-track for meeting the City’s 2030 Climate Action
Plan goals are shown with a symbol while metrics whose progress is currently not on-track for
meeting 2030 goals are sown with a symbol.
3-2 Edina 2021 GHG Emissions Progress Summary
Enhancing the resilience of our community’s mobility
while reducing GHG emissions through sustainable
transportation.
Increasing the sustainability and resilience of our
community’s building stock while reducing GHG
emissions through increased energy efficiency and
use of renewable energy.
Reducing GHG emissions associated with water
consumption and wastewater treatment while
increasing our community’s flooding and stormwater
resilience.
Climate Action Goal Metrics
drop in
GHG emissions
2021
Metrics
decrease in vehicle miles traveled
public transit
commuter use
electric vehicle share
of vehicle stock people / acre
drop in GHG emissions
2021
Metrics
renewable energy share of total
total electricity
consumption
total natural gas
consumption LMI Population in Energy Poverty
Reducing GHG emissions while increasing our
community’s sustainability through an increase in
recycling and re-use of materials, organics collection,
and a reduction in total waste generated.
increase in
GHG emissions
2021
Metrics
total water
consumption
GHG emissions per
capita for sector
* Updated data not available.
drop in GHG emissions total solid waste
handled
tons of organics
collected
2021
Metrics
tons of recycling collected
landfill diversion (including waste-to-
energy)
A1 S e c t i o n
GHG Inventory
Calculation
Summary Sheets
Click here to
return to TOC
A1-1 Edina 2021 GHG Emissions Progress Summary
A1-2 Edina 2021 GHG Emissions Progress Summary
A1-3 Edina 2021 GHG Emissions Progress Summary
A1-4 Edina 2021 GHG Emissions Progress Summary
A1-5 Edina 2021 GHG Emissions Progress Summary
Prepared by: 2515 White Bear Ave, A8
Suite 177
Maplewood, MN 55109
Contact:
Ted Redmond
tredmond@paleBLUEdot.llc
Date: December 8, 2022 Agenda Item #: VII.A.
To:Energy and Environment Commission Item Type:
Report and Recommendation
From:Grace Hancock, Sustainability Manager
Item Activity:
Subject:Review and Comment: EEC Plastic Bags Working
Group Draft Items
Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Review and comments on draft EEC Plastic Bag Working Group items, which will go to Council in January,
2023.
INTRODUCTION:
Initiative Title: Plastic Bag P olicy - Revise and update 2017 report on possible recommendations for a plastic bag
ordinance.
Deliverable: updated report with recommendation.
ATTACHMENTS:
Description
Draft EEC PBWG Ordinance
Draft EEC PBWG Report
ORDINANCE NO. 2023-XX
AN ORDINANCE AMENDING CHAPTER XX
OF THE EDINA CITY CODE CONCERNING MERCHANT CARRYOUT BAGS
THE CITY COUNCIL OF EDINA ORDAINS:
Sec$on 1. Chapter XX of the Edina City Code is amended by adding Ar$cle XX to read as follows:
ARTICLE XX. CARRYOUT BAGS PROVIDED BY RETAILERS TO CUSTOMERS
DIVISION 1. GENERALLY
Purpose and Objectives. The purpose and intent of this ordinance is to:
1.Promote waste reduction and greenhouse gas reduction.
a)Lowering the amount of greenhouse gases emitted during the production,
incineration and land@illing of merchant carryout bags.
.
b)Assisting the City in reaching the greenhouse gas reduction goals established in the
City of Edina’s Climate Action Plan, and the waste reduction goals established by the
State of Minnesota and Hennepin County.
2.Promote waste prevention.
a)Encouraging the use of reusable bags.
b)Reducing or eliminating single-use merchant carryout bags.
3.Promote behavior change.
Section 1. Definitions. The following words shall have the meaning ascribed to them, unless the
context clearly indicates a different meaning:
Carryout bag means a paper, plas$c, or reusable bag that is provided by a retail establishment
at the check stand, cash register, point of sale, or other point of departure to a customer for the
purpose of transpor$ng food or merchandise out of the establishment. Carryout bags include:
(1) Single-use plas$c bags;
(2) Compostable plas$c bags;
(3) Paper bags; and
(4) Reusable bags.
Pass-through charge means a charge to be collected by retailers from their customers when
providing carryout bags, and retained by retailers to offset the cost of bags and other costs
related to the pass-through charge.
Point-of-sale system means a cash register, credit card machine, or other device that can be
programmed or is capable of being used to itemize purchases including a descrip$on and/or
1
cost for each item, which can calculate sales tax, add applicable fees, and which is capable of
genera$ng sale reports.
Retail establishment means any person, corpora$on, partnership, business venture, public
sports or entertainment facili$es, government agency, street vendor or vendor at public events
or fes$vals or organiza$ons that sell or provide merchandise, goods, or materials including,
without limita$on, clothing, beverages, household goods, or personal items of any kind directly
to a customer. Examples include but are not limited to department stores, clothing stores,
jewelry stores, grocery stores, pharmacies, home improvement stores, liquor stores,
convenience stores, gas sta$ons, and temporary vendors of merchandise at street fairs and
fes$vals. Food banks and other food assistance programs are not considered to be retail
establishments for the purposes of this sec$on.
Sec$on 2. ExempBons. Carryout bags do not include:
(1) Produce and bulk good bags;
(2) Dry cleaning bags;
(3) Newspaper and doorhanger bags;
(4) Secondhand bags;
(5) Personal belonging bags;
(6) Flower wrap bags;
(7) Prescription drug bags;
(8) Bags brought by a customer; and
(9) Bags in packages with multiple bags
(10) Litter clean up bags
Sec$on 3. Carryout bag requirements.
(a) Retail establishments shall collect a pass-through charge of not less than five (5) cents for
each carryout bag provided to customers. It shall be a viola$on of this sec$on for any retail
establishment to pay or otherwise reimburse a customer for any por$on of the pass-through
charge. All retail establishments shall indicate on the customer transac$on receipt the number
of carryout bags provided and the total amount of the pass-through charge. Retailers may use
the five cent charge to offset their costs of administering the program and educa$ng customers
about their op$ons to avoid the charge.
(b) Retail establishments are not required to collect a pass-through charge from anyone with a
voucher or electronic benefits card issued under the Women, Infants and Children (WIC) or
Temporary Assistance to Needy Families (TANF) support programs, or the federal Supplemental
Nutri$on Assistance Program (SNAP, also known as Basic Food), or a recognized Minnesota food
assistance program.
2
(c) Retail establishments shall provide, upon the occurrence of the periodic inspec$on or upon
order of any authorized enforcement official, a report iden$fying the number and value of the
carryout bag fees charged to customers. The director of community planning and economic
development, the director of public works, the commissioner of health, the director of
regulatory services, the licensing official and the authorized representa$ves of those officials
shall be authorized to assist with the enforcement of the provisions of this ar$cle.
Sec$on 4. Enforcement. The City shall have the duty and the authority to enforce provisions of
this chapter pursuant to City Code Sec. 20-445.
Sec$on 5. Severability. If any part or provision of this ordinance or the applica$on thereof to
any person, en$ty, or circumstances shall be judged uncons$tu$onal or invalid by any court of
competent jurisdic$on, such judgment shall be confined in its opera$on to the part, provision or
applica$on which is directly involved in the controversy in which such judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this ordinance or the
applica$on thereof to other persons, en$$es, or circumstances.
Sec$on 6. EffecBve Date. June 1, 2024.
First Reading: XX/2023 Second Reading: XX/2023
Published:
Aaest __________________________ _______________________________
Sharon Allison, City Clerk James Hovland, Mayor
Please publish in the Edina Sun Current - Send two af@idavits of publication.
Bill to Edina City Clerk
3
DRAFT
CITY OF EDINA
PLASTIC BAG WORKING GROUP REPORT & RECOMMENDATIONS
DECEMBER 2022
1
DRAFT
TABLE OF CONTENTS
Introduc@on and Execu@ve Summary Page 3
Sec@on 1: The Environmental Impact of Merchant Carryout Bags Page 4
Sec@on 2: Ac@ons Taken By Government En@@es in Minnesota and Elsewhere Page 7
Sec@on 3: Strategies for Reducing Merchant Carryout Bags Page 10
Sec@on 4: Conclusions and Recommenda@ons Page 12
Endnotes
Appendices
Appendix A — Memorandum from Dave Kendell and Eric Kvasnicka, Campbell Knutson
A>orneys
Appendix B — Enacted plasAc bag legislaAon by state and select sample of exisAng U.S.
bag regulaAon
.
Appendix C — Stakeholder feedback
Appendix D — DraG merchant carryout bag ordinance for City of Edina
Appendix E — Side-by-side merchant carryout bag exempAon comparison with City of
Minneapolis
Appendix F — Proposed outline for educaAon and outreach
2
DRAFT
INTRODUTION & EXECUTIVE SUMMARY
Thousands of plasAc bags are used in the United States every second. Most curbside collecAon
programs don’t accept plasAc bags, and only 10% or less are recycled.1 PlasAc bag producAon
and polluAon pose a threat to our land, water, and air on a local, regional, and global scale.
Concerned about the serious and growing environmental impacts of plasAc waste, in 2017 the
Edina Energy and Environment Commission delivered a report to the Edina City Council on the
advisability of regulaAng the use of single use plasAc bags (SUPB) in the City. Although the
Council iniAally postponed acAon on the 2017 EEC report, it approved the creaAon of a PlasAc
Bag Working Group (PBWG) — composed of members of the EEC and City residents — in early
2021. The charge of the PBWG is to build on the iniAal EEC report from 2017, evaluate the pros
and cons of plasAc bag policy opAons, and make a recommendaAon to Council in early 2023.
PBWG Recommenda@on: Establish a small fee for all merchant carryout bags.
The PBWG recommends the City of Edina adopt an ordinance requiring businesses charge a
minimum $0.05 bag fee for all merchant carryout bags (paper, compostable, and plasAc of
all thicknesses) and coordinate a comprehensive outreach campaign to educate businesses
and patrons about the new requirement. This non-taxable fee would be collected and
retained by merchants to be used at their discreAon. The recommendaAon complies with a
2017 state statute preempAng an outright ban on plasAc bags.2
This recommendaAon is informed by Edina and Twin CiAes metro business feedback and the
research outlined in this report. It also meets the following goals and is consistent with the City
Council’s approval in December 2021 of the Edina Climate AcAon Plan (CAP):
•Reduce the use of fossil fuels and greenhouse gas emissions. The City is commi>ed to
supporAng the Hennepin County and State of Minnesota greenhouse gas emission goals.
These goals are to be compaAble with the 2015 Paris Agreement and shall target a
reducAon in City operaAons and community-wide emissions of 45% below 2019 levels by
2030 and achieve net zero emissions by 2050.3
•Meet City goals as defined in the Climate Ac@on Plan.4
•Strategy WM 1: Decrease total per capita municipal solid waste handled,5% by
2030.
•AcAon WM 1-5 Eliminate petroleum-based, single-use products through phasing
out the use of single-use plasAcs, including plasAc bags, by 2025.
•Reduce nega@ve impacts on health and the environment. All merchant carry out bags,
regardless of composiAon, produce polluAon that affects our air, land, and water
resources. Reducing our reliance on single-use bags is one way we strive to lessen those
negaAve effects and the impacts of climate change.
3
DRAFT
•Inspire merchant and consumer behavior change. Behavior change is difficult but not
impossible. Offering and implemenAng effecAve strategies that assist both customers
and merchants in making successful, long-lasAng change is essenAal.
The remainder of this report explains the raAonale and supporAng research for the PBWG
recommendaAon. It is organized in four parts:
First, the report examines the adverse environmental impacts of all plasAc bags, as well as the
impacts of other bags such as paper bags, compostable bags, and reusable bags.
Second, the report summarizes the acAons taken by other governmental enAAes in Minnesota
and elsewhere to address this issue.
Third, the report idenAfies several acAons that may help to address this issue and discusses
which acAons are viable for our City.
Finally, the report explains our recommendaAon to establish a merchant carryout bag fee along
with supporAng efforts and tacAcs for reaching CAP goals.
1. THE ENVIRONMENTAL IMPACT OF MERCHANT CARRYOUT BAGS
Plas@c Bags Harm Both Our Land, Water, and Air Resources
PlasAc doesn’t biodegrade. Instead, it breaks up into smaller pieces called microplasAcs. These
Any plasAc pieces less than 5 mm in size accumulate in the environment and have devastaAng
consequences on wildlife and the natural environment. MicroplasAcs are mistaken for food and
ingested by fish and other wildlife, and plasAc polluAon is a pervasive issue for many
communiAes along the river.5 While plasAc bag li>er is not an overwhelming issue for the City
of Edina, the City is part of both the Nile Mile Creek and Minnehaha Creek watersheds; those
creeks ulAmately flow into the Mississippi River, and plasAc waste and other li>er that travels
through through storm drains will ulAmately end up in there.
As the second longest river in North America, the Mississippi River is an essenAal inland
waterway for commerce, contribuAng $400 billion a year to the U.S. economy. It also provides
drinking water to more than 20 million people in 50 ciAes in 10 states and provides habitat for a
wide range of plant and animal species.6 As it makes its 2,320-mile-long journey from
headwaters in northern Minnesota to the Gulf of Mexico, it is a major conduit for plasAc waste
— both solid and in the form of microplasAcs — and other li>er to reach the ocean. Every year
oceans take in an esAmated 5 million to 13 million tons of plasAc from land-based sources, and
on our current trajectory there will be more plasAc than fish (by weight) in the oceans by 2050,
pushing some marine species to the brink of exAncAon.7
4
DRAFT
As destrucAve as microplasAcs are to our coastal areas and oceans, emerging research suggests
that terrestrial microplasAc polluAon is an even greater issue. PlasAcs in landfills, including bags,
can take up to 1,000 years to decompose. In doing so, they leach potenAally toxic substances
into soil, sediments, and freshwater causing harm to both wildlife and humans.8
PlasAc bags are made from fossil fuels, specifically ethylene from natural gas, and fossil fuel
extracAon, transportaAon and refining is greenhouse gas intensive. According to a May 2019
report released by the Center for InternaAonal Environmental Law, it is esAmated that ”12.5 to
13.5 million metric tons of carbon dioxide equivalent are emi>ed per year while extracAng and
transporAng natural gas to create feedstocks for plasAcs in the United States.”9 Although other
merchant carry out bags, such as paper and compostable bags, do not use fossil fuels for their
producAon, they sAll emit greenhouse gases in some quanAty — or even more than plasAc bags
— during the various phases of their life cycle. Therefore, the PBWG recognizes the need to
consider all types of merchant carryout bags in a bag ordinance, not only plasAc, when striving
to reduce greenhouse gas emissions.
Plas@c Bags Are Rarely Recycled and Interfere with Recycling Equipment
As menAoned in the opening paragraph of this report, less than 10% of plasAc bags are
recycled. A major reason for this low recycling rate is that plasAc bags are not accepted in
curbside recycling programs in the Twin CiAes and in most programs around the country. PlasAc
— in its numerous types and forms — is expensive to collect and sort and it degrades aGer just a
few uses.10 However, a powerful and persuasive effort by the plasAcs industry coupled with
years of public service announcements around the benefits of recycling lead many people to
sAll try to include plasAc bags and other soiled items in their regular recycling cans — a pracAce
known as “wish-cycling.”
Republic, the City of Edina’s curbside recycling partner, states that “wish cycled ” items,
including plasAc bags and films, make up an average of 22% of the materials set out by
consumers for recycling.11 PlasAc films like bags, bubble wrap, zip locks, newspaper and bread
bags, outer wrapping, and produce bags cause wrapping and fouling of recycling and sorAng
equipment, which leads to unscheduled maintenance and line stoppage while repairs are made.
Along with the costs of the downAme, which can run in the thousands of dollars annually,
recycling faciliAes incur costs associated with running longer to process materials and a safety
risk that comes along with repair work.
When plasAc waste isn’t recycled, it ends up in waterways, landfills or incinerators, or as li>er.
The City of Edina has a contract with Waste Management which requires waste be brought to
Hennepin Energy Recovery Center (HERC), a trash-to-energy incinerator. HERC, which operates
adjacent to low-income communiAes of color and other incinerators like it, produce toxic air
pollutants that have demonstrated links to asthma, lung disease, high blood pressure, and heart
disease.12 The PBWG argues strongly that plasAc bag use in Edina is an environmental jusAce
5
DRAFT
issue for us and our neighbors in Minneapolis. We are interconnected; the acAons we take have
an impact beyond the boundaries of our City.
Evalua@ng the Environmental Impact of All Single-Use, Reusable Bags (Plas@c, Paper, and
Compostable) – Through Life Cycle Analysis
While it might seem sufficient to focus on SUPBs alone, we know that even the most well-
intenAoned acAons can have unintended, and someAmes negaAve, consequences. Edina
businesses use many thousands of paper and plasAc bags each month. The PBWG learned that
two major grocery stores, Jerry’s and Lunds/Byerlys at 50th and France use a significant number
of paper and plasAc bags each month, with big spikes during the holiday season. Jerry’s
averages 35,000 paper bags and 25,000 plasAc bags each month, with a 10% increase during
the November-December holiday period; Lunds/Byerlys averages 60,000 paper bags and 25,000
plasAc bags per month, with an increase to 250,000 paper bags and 75,000 plasAc bags during
the November-December holiday period. Because the total number of paper and plasAc bags
used throughout Edina and other communiAes each year is so significant, it is important to
consider Life Cycle Assessments (LCA) on plasAc, paper, and reusable bags to evaluate their full
environmental impact.
LCAs explore the environmental impacts throughout all stages of the product’s life: from
material extracAon, manufacturing, transportaAon, uAlizaAon, recycling, and disposal. While
results from these studies can vary depending on the locaAon, parameters, or report sponsor,
the most frequently cited LCAs have determined that creaAon, recycling, and disposal of paper
and plasAc, reusable and compostable bags all require significant resources and energy.
Favoring one type of merchant bag over another does not necessarily result in the least impact
on the environment.
Having examined several studies, the PBWG believes that a 2020 meta-analysis report from the
United NaAons which examined seven LCAs published in English since 2010 is an excellent
resource for understanding the complexiAes associated with single use bags.
For example, paper bags that end up in landfills cause emissions of methane with high climate
change effect, while plasAc bags are relaAvely inert. Paper bags contribute less to the impacts of
li>ering but in most cases have a larger impact on the climate, eutrophicaAon and acidificaAon,
compared to SUPBs, unless the paper bags are reused mulAple Ames, and/or are incinerated
rather than deposited in landfills. On the other hand, incineraAon of used plasAc bags affects
the climate through emissions of fossil carbon dioxide (CO2), while the CO2 emi>ed from
incineraAon of paper bags is part of the natural carbon cycle.13
The UN report concluded that: “reducing environmental impacts of bags is not just about
choosing, banning, recommending or prescribing specific materials or bags, but also about
6
DRAFT
changing consumer behavior to increase the reuse rate and to avoid li>ering. The shopping bag
that has the least impact on the environment is the bag the consumer already has at home.”14
Figure 1: Environmental Impact Category in the Life Cycle of the Bags.
Source: UN Environmental Programme Report "Single-use PlasAc Bags and Their AlternaAves:
RecommendaAons from Life Cycle Assessments” (2020)
2. ACTIONS TAKEN BY GOVERNMENT ENTITIES IN MINNESOTA AND ELSEWHERE While the City of Edina has not yet implemented a specific acAon addressing merchant carryout
bags, the CAP calls for an eliminaAon of petroleum-based, single-use products through phasing
out the use of single-use plasAcs, including plasAc bags, by 2025. AddiAonally, the Energy and
Environment secAon of the City’s 2018 Comprehensive Plan, which was formally adopted by the
City Council in August 2020, calls for not only intenAon around environmental sustainability but
demonstrated acAon and results, including learning about environmental best pracAces and
integraAng those into acAon plans and educaAng the community about the environment and
sustainability.15 TargeAng a reducAon in merchant carry out bags through a City ordinance
addresses these goals in same way that the green-to-go-packaging ordinance does.
7
DRAFT
Although the City has commi>ed to phasing out SUPBs, Minnesota is one of 18 states that, as of
2021, have passed preempAve legislaAon restricAng SUPB regulaAon. In contrast, eight states
have banned plasAc bags (Appendix B). As a result of the Minnesota state law preempAng a
ban, the PBWG requested the City of Edina’s a>orneys address the impact of state preempAon
on several policy opAons we were considering to address plasAc bags. The feasibility and legality
of these opAons are discussed in SecAon 3 of this report, and the a>orneys’ memorandum can
be found in Appendix A.
In Minnesota, Minneapolis and Duluth have taken acAon to regulate bags. In Minneapolis, there
is a $0.05 fee on paper and plasAc carryout bags and in Duluth there is a $0.05 on plasAc
carryout bags.16, 17
The PBWG consulted several Edina and Minneapolis merchants for feedback on bag regulaAon.
Minneapolis merchants noted that most customers were fine with the five-cent fee for a bag,
and in some cases would opt not to get a bag. There have not been any significant barriers for
merchants to implement the ordinance. Because customers expect to be charged a fee at all
stores in Minneapolis from chain grocery stores to locally owned retailers, most do not have a
problem with it. Owners of businesses in Edina noted that while they might prefer a voluntary
program, they understood the raAonale behind an ordinance aimed at reducing single-use bags.
Specific merchant feedback can be found in Appendix C.
Overwhelmingly, the towns and ciAes where SUPB bans or fees are in effect are located on the
coasts or near large inland bodies of water. Proponents frequently cite li>er and water resource
protecAon in their raAonale in support of regulaAon. That said, having encountered unintended
consequences, some municipaliAes that previously enacted only SUPB bans or a hybrid ban on
plasAc bags with a fee for other merchant carryout bags (paper or compostable) are now
exploring mandated fees for all merchant carryout bags. According to plasAcbaglaws.org, best
pracAces for bag regulaAon laws are those that have a fee mandated for all carryout bags as this
addresses all bag types and is most effecAve at changing consumer and business behavior.18
The ciAes of Chicago and Evanston, both located along Lake Michigan in Illinois, recently
evaluated the effecAveness of their efforts to address plasAc bags.
A 2021 report “Skipping the Bag: The Intended and Unintended Consequences of Disposable
Bag RegulaAon” explores two regulaAons in Chicago: a ban on plasAc bags (which went into
effect in 2015) and then, aGer the ban was repealed in 2017, a $0.07 tax on all disposable bags
(paper and plasAc of all thicknesses). The tax went into effect one month aGer the repeal. The
authors’ analysis indicates that the tax was significantly more effecAve than the ban at reducing
disposable bag use: during the first year of the tax, Chicagoans reduced their disposable bag
usage from 2.3 bags per trip to 1.8 bags per trip —a nearly 28% difference.19
8
DRAFT
More recently, the City of Evanston has decided to evaluate its ban on plasAc bags. The current
ordinance, approved in 2014, prohibits stores 10,000 square feet or larger from distribuAng
disposable plasAc bags to customers. However, as of June 2022, the City is exploring an opAon
to replace that ordinance with a $0.10 tax on all point-of-sale bags, including paper and
reusable ones. According to Alison Leipsiger, Evanston’s Policy Coordinator, and Brian
Zimmerman, the city’s Solid Waste Coordinator: “Bag taxes have been shown to curb behavior
while allowing enough flexibility for individuals who do, at the moment, need a plasAc bag. This
proposed bag tax will help generate a greater behavior change, as was seen in Chicago aGer
implemenAng a bag tax, will address more point-of-sale types of bags, and expand the number
of parAcipaAng retailers.”20
Several other ciAes have seen compelling results aGer enacAng similar bag regulaAon
legislaAon, including San Jose, CA (reusable bag use increased from 4% to 62% and bag li>er
decreased 59% on streets, 60% in creeks and rivers, and 89% in storm drains)21; Washington,
D.C. (60% reducAon in single-use carryout bag consumpAon in the first year)22, and Sea>le, WA
(48% reducAon of plasAc bags in residenAal waste and 76% reducAon of plasAc bags in
commercial waste).23
On a global scale, according to a 2021 report from the UN, 77 countries have passed some sort
of full or parAal ban on plasAc bags. See Figure 2. More recently both China and Canada have
announced plans to significantly reduce single-use plasAcs. By the end of 2022, all non-
degradable bags will be banned in China, and the manufacture and import of single-use plasAcs
will be banned in Canada.24, 25
9
DRAFT
Figure 2: Global Overview of Countries with Manufacture, Free DistribuAon, and
ImportaAon of PlasAc Bags. Source: UN Environmental Programme Report “Legal
Limits on Single Use PlasAcs and MicroplasAcs: A Global Review of NaAonal Laws and
RegulaAons (2021)
3. STRATEGIES FOR REDUCING MERCHANT CARRYOUT BAGS
When it’s easy to access new bags, regardless of their composiAon, consumers are not likely to
change their behavior. And yet we know a reducAon in consumpAon of materials that
frequently get discarded, like single-use paper, plasAc, and reusable bags, means less energy
being used to make those materials. In fact, the greatest environmental benefit occurs when we
displace the need to extract virgin materials for producAon or the need to produce new
products at all.26
The Minnesota Waste Management Act established criteria for managing solid waste. The waste
management hierarchy prioriAzes waste reducAon and reuse before all other waste
10
DRAFT
management strategies. Placing a fee on all carry out merchant bags is consistent with the goals
of the waste hierarchy and the goals of bag legislaAon.27
The PBWG evaluated the following strategies as possible opAons to reduce single use bag
consumpAon, taking into consideraAon the preempAve legislaAon at the State level as well as
the goals set out in the City CAP adopted in December 2021. These strategies are not mutually
exclusive. No single acAon will fix our exisAng environmental challenges; we need acAon at
mulAple levels. The strategies include:
1.A ban on single-use plas@c bags. As noted earlier, eight states currently have some sort of
plasAc bag ban in effect. Although Minnesota state law currently prohibits local
government bans on single use plasAc or paper bags, the PBWG believes it is worthwhile to
include language in any ordinance that would allow for a complete ban on SUPB and
maintain a fee for other types of merchant carryout bags, such as paper, should the state
law change someAme in the future.
2. A fee for all merchant carryout bags. Charging a modest fee for merchant carryout bags is
an effecAve way to lessen reliance on them — a concept known as loss aversion in cogniAve
psychology, decision theory, and behavioral economics; the painful experience of loss is
more effecAve at changing habits than a posiAve gain. People are less eager to pay for
something they see as valueless, and data from ciAes across the U.S. and internaAonally
support this claim. 28, 29
3. Ban on single-use plas@c bags and fee for other merchant carryout bags. Known as “second
generaAon” bag laws, this strategy combines both banning thin plasAc bags and placing fees
on all other carryout bags (paper, reusable, compostable). AGer straight plasAc bag bans
failed to result in the desired consumer behavioral change (customers bringing in their own
bags), ciAes kept the ban on thin plasAc bags and added a fee to all other carryout bags.
4. Educa@onal “bring your own bag” campaigns, credits, and incen@ves. EducaAonal
iniAaAves aimed at voluntary reducAon of disposable bags can drive customer behavior by
raising awareness of the environmental, equity, and economic impacts associated with
merchant carryout bags. While voluntary "bring your own bag” iniAaAves have an important
role in educaAng, promoAng, and encouraging the reducAon of single use bags, they are not
as effecAve in reducing single use bags as a fee. Some stores already have programs in place,
and these should conAnue to be pursued and expanded alongside other reducAon acAons.
11
DRAFT
The PBWG also sees an opportunity for a “borrow a bag” or “boomerang bag” iniAaAve
modeled aGer the Don’t Waste Durham iniAaAve which aims to make free and equitable
access to reusable bags a city-wide norm.30
5. A recycling bag program to decrease use of bags. Some towns and ciAes require businesses
and/or bag manufacturers to provide customers with opAons for plasAc bag recycling.
Recycling requirements can be standalone or coupled with a bag ban or fee to increase the
effecAveness of merchant carryout bag reducAon opAons. Recycling programs sAll come
with costs associated with energy and resources used to manufacture and transport bags.
Also, as noted earlier, only about 10% of plasAc bags in circulaAon are actually recycled.
Proper disposal and recycling of SUPBs is important, and there are ways to make customers
more aware of opportuniAes through programs like plasAcfilmrecyling.org, TerraCycle,
Ridwell, and Hennepin County Green Recycling. However, the PBWG suggests that greater
emphasis be spent on lessening consumpAon of merchant carryout bags in the first place.
4. CONCLUSION AND RECOMMENDATIONS
Our City strives to be a community where all are welcome and we are a producAve and
collaboraAve partner to neighboring towns and ciAes. The PBWG believes that based on the
City’s expressed leadership in the area of sustainability, the goals set out in the CAP, the City’s
Comprehensive Plan, the recent adopAon of the Green-to-Go packaging ordinance, and the
PBWG’s 9 month-long effort to research the pros and cons of bag regulaAon, this is a moment to
take acAon on all merchant carry out bags, regardless of their composiAon.
Edina’s CAP notes “ConAnuing to establish policies and operaAonal refinements to advance
meaningful landfill diversion and beneficial use of waste streams represents a significant
environmental opportunity for Edina.” Because deciding which bag is be>er for the environment
is not as simple as choosing, banning, recommending or prescribing specific materials or bags,
we recommend not favoring any one parAcular type of merchant carryout bag. Rather, we
should focus our efforts on reducAon of all merchant carryout bags and reuse and proper
recycling of those that are in circulaAon.
It is the PBWG’s recommendaAon that the City of Edina adopt an ordinance aimed at reducing
the number of merchant carryout bags used by customers and businesses. This acAon will
reduce green house gases resource use, waste and li>er. Other posiAve impacts include paving
the way for other waste reducAon measures, increasing awareness and prompAng customers
and businesses to take direct acAon. In addiAon, Edina further demonstrates its commitment to
being a leader in the area of environmental sustainability and jusAce.
12
DRAFT
While lessening our consumpAon of merchant carryout bags will not solve all environmental
problems, it is a significant step we can take to protect our environment and minimize impacts
to human health. Our recommendaAons are as follows:
1.Assess a Modest Fee for all Merchant Carryout Bags to Lessen Reliance on Those Bags and
Incen@vize a Low-Waste Lifestyle.
We strongly recommend a minimum $0.05 bag fee for all merchant carryout bags (paper,
compostable, and plasAc of all thicknesses), with limited excepAons. The fee would be collected
and retained by the retailer, who can apply it to cover the cost of the bags, used for other
expenses, such as green-to-go packaging, or a reusable bag program, or donated to charity. The
fee would not be taxable.
Although PBWG recognizes the raAonale behind some bag exempAons such as prescripAon drug
bags, produce bags, and dry cleaner bags, we believe there should be few exempAons for
businesses - as long as a business has a point of sale, there should not be an exempAon. We also
recommend that the ordinance exempt anyone with a voucher or electronic benefit card issued
under the Women, Infants and Children (WIC) or Temporary Assistance to Needy Families
(TANF) support programs, or the federal Supplemental NutriAon Assistance Program (SNAP, also
known as Basic Food), or a recognized Minnesota food assistance program. For a recommended
exempAon list compared with Minneapolis please see Appendix E.
We also recommend that enforcement of this ordinance rely on voluntary compliance. Where
there is slow or no compliance, merchants will feel social pushback from consumers who expect
Edina retailers to abide by ordinances that support the Climate AcAon Plan and the
environmental goals of the community. Similar policies, such as compostable leaf bags and no-
smoking policies, have proven to be self-enforcing as customers embrace the change over Ame.
The PBWG appreciates the effect the current economic climate has on some residents and
shoppers in Edina and recommends that several months of robust community and business
engagement and educaAon precede implementaAon of a fee for merchant carryout bags.
2.Create a Robust Educa@on and Outreach Program and Incen@ves to Develop Low-Waste
Habits.
If we all work to implement changes in our consumpAon, we can create a ripple effect that has a
posiAve impact reaching beyond our community. Our research and analysis of merchant
carryout bag regulaAon across the U.S. and globally leads us to the conclusion that the City of
Edina needs to take steps to drasAcally reduce consumer and business reliance on merchant
carryout bags and plasAc packaging of any kind.
13
DRAFT
We envision a bold, visible promoAonal and educaAonal campaign to generate awareness
before and aGer the ordinance takes effect with extensions to other CAP iniAaAves. While City
resources will be needed to develop and implement materials related to such a markeAng
campaign, there are many excellent resources and campaigns already in existence; some of
those may be a model for Edina, and volunteers and commissioners should be leveraged to do
research and make recommendaAons to staff. Please see Appendix F for preliminary research
and suggesAons offered by the PBWG.
Another component in the outreach effort should be the development of programs that allow
customers to take and return reusable bags from businesses and other points around the City to
create an ongoing cycle of use. Such a “borrow a bag” or “boomerang bag” program would help
ease the economic burden that some consumers might experience from a fee on merchant
carryout bags. It is worth exploring how merchants that offer these types of programs might be
recognized for their efforts. Finally, while we recommend that stores conAnue with or establish
in-store recycling programs that provide opportuniAes for consumers to return clean plasAc
bags for recycling, we would prioriAze reducAon strategies. ENDNOTES
1. Environmental ProtecAon Agency. h>ps://www.epa.gov/facts-and-figures-about-materials-
waste-and-recycling/frequent-quesAons-regarding-epas-facts-and#PlasAcBags. Accessed
10/28/22.
2. Minnesota Legislature Office of the Revisor of Statues. h>ps://www.revisor.mn.gov/statutes/
cite/471.9998. Accessed 10/28/22.
3. City of Edina Sustainability. h>ps://www.edinamn.gov/458/Sustainability. Accessed
11/23/22.
4. Edina Climate AcAon Plan. h>ps://www.edinamn.gov/1779/Climate-AcAon. Accessed
10/28/22.
14
DRAFT
5. Environmental ProtecAon Agency Trash Free Waters ArAcle Series. PlasAc PolluAon in the
Mississippi River – Regional CooperaAon for a Transboundary Problem. h>ps://
www.epa.govsitesdefaultiles2021-05documentstrash_free_waters_mississippi_river_plasAcs_a
rAcle.pdf. Accessed 10/28/22.
6. Mississippi River PlasAc PolluAon IniAaAve Factsheet. h>ps://www.unep.org/resources/
factsheet/mississippi-river-plasAc-polluAon-iniAaAve-factsheet. Accessed 10/28/22.
7. World Economic Forum. Ocean plasAc polluAon threatens marine exAncAon says new study.
h>ps://www.weforum.org/agenda/2022/02/exAncAon-threat-ocean-plasAc-polluAon/
8. NaAonal Library of Medicine. MicroplasAcs as an emerging threat to terrestrial ecosystems.
h>ps://www.ncbi.nlm.nih.gov/pmc/arAcles/PMC5834940/. Accessed 10/28/22.
9. Center for InternaAonal Environmental Law. “PlasAc & Climate: The Hidden Costs of a PlasAc
Planet.” h>ps://www.ciel.org/wp-content/uploads/2019/05/PlasAc-and-Climate-
FINAL-2019.pdf. Accessed 11/22/22.
10. NPR “Recycling plasAc is pracAcally impossible — and the problem is only gewng worse"
10/24/22. h>ps://www.npr.org/2022/10/24/1131131088/recycling-plasAc-is-pracAcally-
impossible-and-the-problem-is-gewng-worse. Accessed 10/29/22.
11. Republic Services 2020 Sustainability Report (see page 36): h>ps://
www.republicservices.com/cms/documents/sustainability_reports/2020-Republic-Services-
Sustainability-Report.pdf. Accessed 10/29/22.
12. Sahan Journal “Environmental jusAce advocates push for zero waste aGer new report
highlights shortcomings in plasAcs recycling” 8/12/21. h>ps://sahanjournal.com/climate/
plasAc-waste-minneapolis/. Accessed 10/29/22.
13. LCA Source United NaAons Environment Programme (2020). Single-use plasAc bags and
their alternaAves — RecommendaAons from Life Cycle Assessments: h>ps://wedocs.unep.org/
handle/20.500.11822/31932. Accessed 11/3/22.
14. LCA Source United NaAons Environment Programme (2020). Single-use plasAc bags and
their alternaAves — RecommendaAons from Life Cycle Assessments: h>ps://wedocs.unep.org/
handle/20.500.11822/31932. Accessed 11/3/22.
15. Edina Comprehensive Plan Energy and Environment Chapter (see 8-3, 8-4). h>ps://
www.edinamn.gov/647/Comprehensive-Plan. Accessed 10/30/22.
16. Minneapolis Bring Your Own Bag. h>ps://www2.minneapolismn.gov/business-services/
licenses-permits-inspecAons/business-licenses/bring-your-own-bag/. Accessed 11/24/22.
15
DRAFT
17. Duluth PlasAc Carryout Bag Fees. h>ps://duluthmn.gov/city-clerk/plasAc-carryout-bag-fee/
about-plasAc-carryout-bag-fees/. Accessed 11/24/22.
18. PlasAc Bag Laws. PlasAc Bag LegislaAon. h>ps://www.plasAcbaglaws.org/legislaAon.
Accessed 10/29/22.
19. Journal of Policy Analysis and Management. “Skipping the Bag: The Intended and
Unintended Consequences of Disposable Bag RegulaAon” 2/10/22. h>ps://
onlinelibrary.wiley.com/doi/epdf/10.1002/pam.22325. Accessed 10/29/22.
20. Evanston Roundtable. “Evanston may be ready to dump 2014 plasAc bag ban, replace it with
10-cent tax” 6/1/22. h>ps://evanstonroundtable.com/2022/06/01/evanston-plasAc-bag-ban-
tax/. Accessed 10/29/22.
21. San Jose, CA. h>p://www3.sanjoseca.gov/clerk/Commi>eeAgenda/TE/20121203/
TE20121203_d5.pdf. Accessed 10/29/22.
22. Washington DC. “The data proves the the D.C. bag fee is working.” 5/15/15. h>ps://
ggwash.org/view/38159/the-data-proves-the-dc-bag-fee-is-working. Accessed 11/16/22.
23. Sea>le, WA. h>ps://www.reusethisbag.com/arAcles/where-are-plasAc-bags-banned-
around-the-world. Accessed 11/24/22.
24. BBC News “Single-use plasAc: China to ban bags and other items” 1/20/20. h>ps://
www.bbc.com/news/world-asia-china-51171491/. Accessed 10/30/22.
25. Government of Canada “Single-use PlasAcs ProhibiAon RegulaAons – Guidance for selecAng
alternaAves”7/14/22. h>ps://www.canada.ca/en/environment-climate-change/services/
managing-reducing-waste/reduce-plasAc-waste/single-use-plasAc-guidance.html. Accessed
10/30/22.
26. Minnesota PolluAon Control Agency. Product Bans & RestricAons: A guide for local
government policy makers. h>ps://www.pca.state.mn.us/sites/default/files/p-p2s1-06.pdf. See
pages 12-13. Accessed 11/3/22.
27. Metropolitan Solid Waste ManagementPolicy Plan 2016 – 2036. h>ps://
www.pca.state.mn.us/sites/default/files/w-sw7-21.pdf. Accessed 11/22/22.
28. CNBC “New York’s plasAc bag ban is a lesson in how consumers treat money” 3/3/20.
h>ps://www.cnbc.com/2020/03/03/new-york-plasAc-bag-ban-is-a-lesson-in-consumer-money-
issues.html. Accessed 11/3/22.
16
DRAFT
29. ScienAst AcAon and Advocacy Network. EffecAveness of plasAc regulaAon around the world.
Revised 4/15/19. h>ps://plasAcpolluAoncoaliAonresources.org/wp-content/uploads/2017/03/
EffecAveness_of_plasAc_regulaAon_around_the_world_4_pages.pdf. Accessed 11/3/22.
30. Don’t Waste Durham Bull City Boomerang Bag: h>p://www.dontwastedurham.org/
programs. Accessed 11/3/22.
17
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APPENDIX A
Memorandum from Dave Kendell and Eric Kvasnicka, Campbell Knutson Aeorneys
SHORT ANSWERS
1.The City could enact an ordinance mandaAng a fee imposed by the retailer and paid by the
consumer for single-use bags because this does not ban the use of the bags and does not
restrict the merchant’s opAons to offer single-use bags.
2.The City could likely require that single-use bags be cerAfied compostable or have a
minimum recycled material content because neither of these requirements restricts the
ability of the retailer to offer plasAc, paper, or reusable bags. The City cannot require the
bags to be biodegradable because distributers cannot sell bags labeled biodegradable in
Minnesota, so this would funcAon as a ban.
3.The City cannot set a limit on the number of single-use bags retailers may offer annually
because this restricts their opAon to provide customers with plasAc and paper bags.
4.The City could likely collect a fee designated for enforcement, but likely cannot collect a fee
designated for educaAon or conservaAon. A fee designated to by collected and retained by
retailers is highly likely to be valid.
DISCUSSION
1.Single Use PlasAc and Paper Bag Fee
Edina could enact an ordinance that establishes fees paid by the consumer and imposed
by the retailer for providing a single use paper or plasAc bag. Two other ciAes in Minnesota have
enacted similar ordinances aGer the State Legislature passed Minn. Stat. § 471.9998.
Minneapolis passed an ordinance in 2019, although it did not take effect unAl 2021. It reads, in
relevant part, “Retail establishments shall collect a pass-through charge of not less than five (5)
cents for each carryout bag provided to customers.” Title XI, SecAon 225.930 (a). It has a
number of excepAons, including for those purchasing food using a food assistance program such
as WIC, bags used to purchase item in bulk, bags used at carry-out restaurants, and others. Id. at
M E M O R A N D U M
TO: GRACE HANCOCK
FROM: DAVE KENDALL AND ERIC KVASNICKA
DATE: JUNE 16, 2022
RE: PLASTIC BAGS – EDINA
18
DRAFT
225.920, 225.930 (b). Duluth also passed an ordinance in 2019, although it also did not come
into effect unAl 2021. Duluth’s ordinance reads, in relevant part, “Retail establishments shall
collect a pass-through charge of not less than five cents for each carryout bag provided to
customers.” Duluth’s ordinance also does not apply to certain types of bags. Notably, although
the Minneapolis ordinance requires pass-through charges for plasAc, paper, and reusable bags,
the Duluth ordinance only requires pass-through charges for plasAc bags. Finally, both
ordinances specify that the pass-through charge goes directly to the retailer and is not collected
by the city.
Neither of these ordinances has been subject to a lawsuit, so there is no case law or guidance
on whether they would withstand a challenge in court. If challenges, the ciAes which have these
ordinances could argue in court that the ordinance is legal because it does not operate as a ban.
They are more akin to a tax, which discourages the use of plasAc bags without banning them
enArely. Further, the ordinances are compliant with Minn. Stat. 471.9998, subd. 1, which
requires merchants to have the opAon to provide customers with bags, because the merchants
have the opAon to provide bags, or not, under the ordinances. Edina could follow the path of
Minneapolis and Duluth by passing an ordinance that places fee on the use of single use plasAc
and paper bags.
2.Requirement for Single Use Bag Material
a.CerAfied Compostable or Minimum Recycled Content
Under Minn. Stat. § 325E.046, subd. 2, compostable bags must meet the ASTM Standard
for Compostable PlasAcs. Bags conforming to this standard are currently sold in Minnesota.
Some Minnesota municipaliAes have enacted ordinances on zero-waste packaging. For example,
St. Louis Park requires food establishments to use zero-waste packing, which includes reusable
containers, single-use recyclable containers, and single-use compostable containers. St. Louis
Park City Code §§ 12-202, 12-203. This seems legally analogous to the proposed opAon for
Edina: requiring cerAfied compostable plasAc bags or that plasAc bag materials have a minimum
recycled content. Minn. Stat. § 471.9998, subd. 1 may, however, foreclose this opAon. Under
the statute, merchants must have the opAon to provide customers with a paper, plasAc, or
reusable bag. A court is required to effectuate the intent of the legislature by following the plain
language meaning of the statute. City of Waconia v. Dock, 961 N.W.2d 220, 229 (Minn. 2021).
Courts interpret words by their common definiAon, which can be determined by using a
dicAonary.
Perham Hosp. Dist. V. Cnty. Of O<er Tail, 969 N.W.2d 366, 373 (Minn. 2022). The plain language
of Minn. Stat. § 471.9998, subd. 1 suggests that municipaliAes cannot restrict merchants from
offering plasAc, paper, or reusable bags. “PlasAcs” are “any of numerous organic syntheAc or
processed materials that are mostly thermoplasAc or thermosewng polymers of high molecular
19
DRAFT
weight.” Most compostable plasAcs are made of polylacAc acid. PolylacAc acid is a 1 2
“thermoplasAc polymer.” Under these common use definiAons, a compostable plasAc bag is a 3
plasAc bag. Therefore, the City would not be restricAng the ability of merchants to offer plasAc
bags if the City places a requirement on merchants to use cerAfied compostable bags. This
analysis applies to single-use plasAc bags containing a certain minimum amount of recycled
material: the nature of the bag as a paper or plasAc bag would not change because it used
recycled material. The City could likely enact an Ordinance requiring single-use bags to be
cerAfied compostable or made of a minimum amount of recycled material.
b.Biodegradability Standard
The City cannot enact a requirement that plasAc bags conform to a biodegradability
standard. Under Minn. Stat. § 325E.046, subd. 1, manufacturers, distributers, and wholesalers
cannot sell plasAc bags labeled “biodegradable” or “degradable” unless there is a scienAfically
based standard developed and the plasAc bags conform to that standard. Currently, although
there is a widely accepted scienAfic standard for compostable plasAcs, there is not a standard
for biodegradable plasAcs. Thus, to require single use plasAc bags to meet a minimum
biodegradability standard would be to ban the bags, because vendors could not purchase bags
to saAsfy the requirement.
3.Sewng a Limit on the Number of Single-Use PlasAc and Paper Bags
The City cannot set a limit on the number of single-use plasAc and paper bags retailers
may provide annually. A court might find that an annual limit does not funcAon as a ban,
because it does not eliminate the ability of retailers to offer paper and plasAc bags. However, a
court also might find that an annual limit does funcAon as a ban at the end of each year when
the merchant may no longer offer plasAc or paper bags. Minn. Stat. § 471.9998, subd. 2. More
importantly, aGer the annual limit has been exceeded, retailers no longer have the opAon to
provide customers with plasAc or paper bags, but instead must offer only reusable bags—
directly in violaAon of Minn. Stat. § 471.9998, subd. 1 (“all merchants . . . shall have the opAon
to provide customers a paper, plasAc, or reusable bag”). Although there is no case law on this
point, a court is unlikely to find an annual limit on paper and plasAc bags to be permissible
under the statute.
Plastic, Merriam-Webster, https://www.merriam-webster.com/dictionary/plastic.1
Robert Sanders, New Process Makes ‘Biodegradable’ Plastics Truly Compostable, Berkeley News (Apr. 21, 2021), 2
https://news.berkeley.edu/2021/04/21/new-process-makes-biodegradable-plastics-truly-compostable/.
Vidhya Nagarajan et al., Perspective on Polylactic Acid (PLA) Based Sustainable Materials for Durable 3
Applications: Focus on Toughness and Heat Resistance, 2016 ACS Sustainable Chemistry & Eng’g 2899, 2899 (May 17, 2016).
20
DRAFT
4.DesignaAng the DesAnaAon of the Fee
a.To the City
The City may be able to collect the fee, if the City designates that the fee may only be
used by the City for enforcement. CiAes may raise funds for specific local improvement projects
under their limited taxing power. First BapAst Church of St. Paul v. City of St. Paul, 884 N.W.2d
355, 359 (Minn. 2016). When a charge is imposed under a city’s police power, however, the
charge is a fee and not a tax. Id. “Although broad, a municipality’s police power does not
‘extend[] to permit revenue raising measures.’” Id. (quoAng County Joe, Inc., v. City of Eagan,
560 N.W.2d 681, 686 (Minn. 1997). To determine whether a charge is a tax or a fee, Minnesota
courts look to the primary purpose of the charge—if the charge is to recover the cost of
regulaAon, it is a fee; if the charge is to raise funds, it is a tax. Id. “The crucial quesAon is not
what power a city exercises when it uses the funds collected, but rather what power a city
exercises when it collects the funds.” Id. at 361 (emphasis in original).
In this case, a charge collected by the City would have to fall under the City’s police
power and be a fee in order for the ordinance to comply with Minnesota law. If the City does
not uAlilze the money to reimburse the City for enforcement costs, a court would deem the fee
a tax and invalidate it on that basis. Therefore, the City likely cannot designate the collected
money for educaAon or conservaAon, as those are revenue-raising measures to benefit the
people of the City. If the City designates the funds for enforcement, the collected money is
more likely to be deemed a fee for the service the City provides in enforcement.
b.To the retailer
A fee that is collected and retained by the retailer is not a charge going to the City.
Therefore, it is not a fee paid to the City for services nor is it a tax paid to the City to raise
revenues. This avoids the issues discussed in the previous paragraph. Both Duluth and
Minneapolis designate the charge collected by the retailer for the single-use bags shall be
retained by the retailer to cover their costs. This pracAce has not been challenged in court and
therefore appears to be permissible, unless and unAl it is challenged.
CONCLUSION
Edina has the opAon to pass an ordinance similar to those passed by the ciAes of
Minneapolis and Duluth, subject to the requirements of Minnesota Statute and cases governing
city powers to collect fees and taxes.
21
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APPENDIX B
Enacted plas@c bag legisla@on by state and select sample of exis@ng U.S. bag regula@on
Enacted PlasAc Bag LegislaAon by State. Source NaAonal Conference of State Legislatures (2021)
22
DRAFT
City/
Town
Popula@
on
(2020)
Effec@ve
Date
Ordinance Overview and
Ra@onale
Addi@onal Informa@on
Louisville,
CO
21,226 January 1,
2022
All retail stores in Louisville
are required to charge
$0.25 cents for every plasAc
or paper bag used at
checkout.
h>ps://www.louisvilleco.gov/home/
showpublisheddocument/
30323/637503628614900000
Edwardsvi
lle, IL
25,332 July 12,
2021
Requires a $0.10 per bag
fee for disposable plasAc
and paper checkout bags at
all retail businesses greater
than 7,000 sq. G. in the City
of Edwardsville.
h>ps://www.cityofedwardsville.com/571/
Single-Use-Bag-Fee
Newton,
MA
88,923 January 8,
2020 (for
stores
3,500
square feet
or larger)
July 8,
2020 (for
stores less
than 3,500
square
feet)
If bags are provided to
customers, the bag shall be
either recyclable paper bag
or a reusable checkout bag
(see ordinance for a
definiAon of each)
A retail establishment that
provides any type of
checkout bag shall sell it for
no less than ten cents
($0.10). All moneys
collected pursuant to this
ordinance shall be retained
by the retail establishment.
h>ps://www.newtonma.gov/government/
health-human-services/inspector-of-weights-
measures/plasAc-bag-reducAon-ordinance
Boulder,
CO
108,777 July 1,
2013
$0.10 fee on all disposable
plasAc and paper checkout
bags at grocery stores in the
city. This fee is intended to
address the impact of
disposable bags in the
community and encourage
the use of reusable bags.
h>ps:// bouldercolorado.g ov/media/5858/
download?inline
23
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Minneapo
lis,
MN
429,954 October 1,
2021
Retailers must charge a
minimum $0.05 fee per
carryout bag. The fee is
kept by the retailer and is
not a tax. It can be put
towards the cost of the
bags, used for other
expenses, or donated to
charity. These fees are not
taxable. Unless a
transacAon is specifically
exempt, a retailer must
charge the fee to
customers, and can’t
choose to absorb the cost.
In general, non-profits are
not exempt from the fee.
h>ps://
www2.minneapolis mn.gov/
businessservices/
licensespermitsinspecAons/ business-
licenses/ bring-your-ownbag/
Denver,
CO
715,878 July 1,
2021
Encourages shoppers to
switch to reusable bags and
requires retail stores in
Denver to charge $0.10 for
each disposable bag
(plasAc, paper, or other
material including but not
limited to compostable
material) provided to
customers at checkout.
h>ps:// denvergov.org/
Government/
AgenciesDepartments-
Offices/Agencies-
Departments-
Offices-Directory/
Climate-AcAon-
SustainabilityResiliency/ZeroWaste/Bring-
YourOwn-Bag-Program
24
DRAFT
APPENDIX C
Stakeholder feedback
Minneapolis businesses
Two Hardware store.
•Smaller volume store saw the charge as a way to make up for the cost of bags and other
expenses.
•Larger store charges for bags around 80% of the Ame. Not many people get upset.
•Some customers will ask if there is a charge for bags, and will refuse a bag if so.
•Some customers will accept the 5 cent charge for convenience.
Toy Store
•They charge their customers for carry out bags, and are supporAve of the iniAate.
•Customers do not seem to get upset.
•Some will refuse a bag if they are told of the charge.
Liquor Store — they do not generally charge customers.
Grocery Store
•They charge their customers for carry out bags — not always informing the customer of the
charge, because the ordinance has been in effect for a while now.
•Most are fine with the fee, either refusing a bag or accepAng the charge.
•They provide a box where customers can both donate used bags and grab a bag with out a
charge.
Garden Center
•They charge their customers for carry out bags.
•Some customers get upset when they are told that it’s 5 cents for a bag.
•Those who do get “annoyed” will usually refuse a bag, which “while it can be frustraAng in
the check-out experience, it is ulAmately the whole point”.
25
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Edina’s Green Recognized businesses
Clothing store.
As a store, they have go>en rid of plasAc bags and sell a reusable bag. Most customers are
“pleased with the decision”. However, the owner does not favor an ordinance. “I do not like the
idea of having the city require businesses to charge for any kind of carry out bag. I think this is
one more thing that small business owners would have to ensure is happening and manage”.
Grocery store
They would prefer a voluntary program, similar to what they are currently doing: for those
customers who voluntarily bring in their bags, the store donates money to a charity.
BouAque clothing and giG shop
“We purposely sourced paper bags that are not coated for this very reason that are blank so
they can be reused again and again, for giGing, etc.”
“If the city were to impose a $.05 fee for all bags unilaterally to all stores it wouldn’t be a huge
deal, as customers would come to expect it from everyone.”
PR firm
“Generally, we are very supporAve of an ordinance that would seek to reduce the amount of
single-use plasAc use across the city of Edina. Bellmont Partners would not be affected by this
type of ordinance in our business operaAons, but we have a strong value of sustainability and
would love to see less li>er and microplasAc polluAon throughout our community. We’re proud
to see Edina taking a leading stance on this topic.
“We support a $.05 fee on all carry-out bags, as it seems to be a largely symbolic fee that is
likely to not be cost-prohibiAve to most customers, but we would also support nuances or
exempAons that would make it easier for businesses to comply (parAcularly small/local
businesses), and/or for lower-income customers to afford the fee.”
Edina Residents
•This is the Energy and Environment’s third a>empt to regulate plasAc bags. This iniAaAve
has been taken up by three different groups of Energy and Environment Commissioners,
illustraAng that it is, and has been a prominent environmental issue for many Edina
residents.
•Hometown Hero Fartun Ismail, founder of the Somali American Women AcAon Center
(SAWAC), engages many seam stresses in Edina to create reusable tote bags called
"Dambiil". It is important to these Edina residents to fight the impacts of plasAc bags
because they have “been climate refugees once, and we don’t want to be climate refugees
again”.
•Edina students from both middle school and high school have repeatedly tried to bring the
negaAve impacts of plasAc bags to the forefront of Edina policy.
26
DRAFT
APPENDIX D
Drai merchant carryout bag for City of Edina
ORDINANCE NO. 2023-XX
AN ORDINANCE AMENDING CHAPTER XX
OF THE EDINA CITY CODE CONCERNING MERCHANT CARRYOUT BAGS
THE CITY COUNCIL OF EDINA ORDAINS:
SecAon 1. Chapter XX of the Edina City Code is amended by adding ArAcle XX to read as follows:
ARTICLE XX. CARRYOUT BAGS PROVIDED BY RETAILERS TO CUSTOMERS
DIVISION 1. GENERALLY
Purpose and Objectives. The purpose and intent of this ordinance is to:
1.Promote waste reduction and greenhouse gas reduction.
a)Lowering the amount of greenhouse gases emitted during the production, incineration and land@illing of merchant carryout bags. .
b)Assisting the City in reaching the greenhouse gas reduction goals established in the City of Edina’s Climate Action Plan, and the waste reduction goals established by the State of Minnesota and Hennepin County.
2.Promote waste prevention.
a)Encouraging the use of reusable bags.
b)Reducing or eliminating single-use merchant carryout bags.
3.Promote behavior change.
Section 1. Definitions. The following words shall have the meaning ascribed to them, unless the
context clearly indicates a different meaning:
Carryout bag means a paper, plasAc, or reusable bag that is provided by a retail establishment
at the check stand, cash register, point of sale, or other point of departure to a customer for the
purpose of transporAng food or merchandise out of the establishment. Carryout bags include:
(1) Single-use plasAc bags;
(2) Compostable plasAc bags;
(3) Paper bags; and
(4) Reusable bags.
Pass-through charge means a charge to be collected by retailers from their customers when
providing carryout bags, and retained by retailers to offset the cost of bags and other costs
related to the pass-through charge.
27
DRAFT
Point-of-sale system means a cash register, credit card machine, or other device that can be
programmed or is capable of being used to itemize purchases including a descripAon and/or
cost for each item, which can calculate sales tax, add applicable fees, and which is capable of
generaAng sale reports.
Retail establishment means any person, corporaAon, partnership, business venture, public
sports or entertainment faciliAes, government agency, street vendor or vendor at public events
or fesAvals or organizaAons that sell or provide merchandise, goods, or materials including,
without limitaAon, clothing, beverages, household goods, or personal items of any kind directly
to a customer. Examples include but are not limited to department stores, clothing stores,
jewelry stores, grocery stores, pharmacies, home improvement stores, liquor stores,
convenience stores, gas staAons, and temporary vendors of merchandise at street fairs and
fesAvals. Food banks and other food assistance programs are not considered to be retail
establishments for the purposes of this secAon.
SecAon 2. Exemp@ons. Carryout bags do not include:
(1) Produce and bulk good bags;
(2) Dry cleaning bags;
(3) Newspaper and doorhanger bags;
(4) Secondhand bags;
(5) Personal belonging bags;
(6) Flower wrap bags;
(7) Prescription drug bags;
(8) Bags brought by a customer; and
(9) Bags in packages with multiple bags
(10) Litter clean up bags
SecAon 3. Carryout bag requirements.
(a) Retail establishments shall collect a pass-through charge of not less than five (5) cents for
each carryout bag provided to customers. It shall be a violaAon of this secAon for any retail
establishment to pay or otherwise reimburse a customer for any porAon of the pass-through
charge. All retail establishments shall indicate on the customer transacAon receipt the number
of carryout bags provided and the total amount of the pass-through charge. Retailers may use
the five cent charge to offset their costs of administering the program and educaAng customers
about their opAons to avoid the charge.
(b) Retail establishments are not required to collect a pass-through charge from anyone with a
voucher or electronic benefits card issued under the Women, Infants and Children (WIC) or
Temporary Assistance to Needy Families (TANF) support programs, or the federal Supplemental
28
DRAFT
NutriAon Assistance Program (SNAP, also known as Basic Food), or a recognized Minnesota food
assistance program.
(c) Retail establishments shall provide, upon the occurrence of the periodic inspecAon or upon
order of any authorized enforcement official, a report idenAfying the number and value of the
carryout bag fees charged to customers. The director of community planning and economic
development, the director of public works, the commissioner of health, the director of
regulatory services, the licensing official and the authorized representaAves of those officials
shall be authorized to assist with the enforcement of the provisions of this arAcle.
SecAon 4. Enforcement. The City shall have the duty and the authority to enforce provisions of
this chapter pursuant to City Code Sec. 20-445.
SecAon 5. Severability. If any part or provision of this ordinance or the applicaAon thereof to
any person, enAty, or circumstances shall be judged unconsAtuAonal or invalid by any court of
competent jurisdicAon, such judgment shall be confined in its operaAon to the part, provision or
applicaAon which is directly involved in the controversy in which such judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this ordinance or the
applicaAon thereof to other persons, enAAes, or circumstances.
SecAon 6. Effec@ve Date. June 1, 2024.
First Reading: XX/2023 Second Reading: XX/2023
Published:
A>est __________________________ _______________________________
Sharon Allison, City Clerk James Hovland, Mayor
Please publish in the Edina Sun Current - Send two af@idavits of publication.
Bill to Edina City Clerk
29
DRAFT
APPENDIX E
Side-by-side merchant carryout bag exemp@on comparison with City of Minneapolis
Minneapolis Edina (Proposed)
Types of bags that are
exempt:
Produce and bulk
goods bags
Produce and bulk
goods bags
Restaurant carryout
bags
Dry cleaning bags Dry cleaning bags
Newspaper and door
hanger bags
Newspaper and door
hanger bags
Litter clean up bags Litter clean up bags
Secondhand bags Secondhand bags
Personal belonging
bags
Personal belonging
bags
Flower wrap bags Flower wrap bags
Prescription drug bags Prescription drug bags
Bags brought by a
customer
Bags brought by a
customer
Bags in packages with
multiple bags
Bags in packages with
multiple bags
Types of
establishments that
are exempt:
Those without a point of
sale system
Those without a point of
sale system
Farmers markets
Food banks Food banks
Car dealerships & car
washes
30
DRAFT
Types of customers
that are exempt
Anyone with a voucher or
electronic benefit card
issued under the Women,
Infants and Children (WIC)
or Temporary Assistance
to Needy Families (TANF)
support programs, or the
federal Supplemental
NutriAon Assistance
Program (SNAP, also
known as Basic Food), or a
recognized Minnesota
food assistance program
Anyone with a voucher or
electronic benefit card
issued under the Women,
Infants and Children (WIC)
or Temporary Assistance
to Needy Families (TANF)
support programs, or the
federal Supplemental
NutriAon Assistance
Program (SNAP, also
known as Basic Food), or a
recognized Minnesota
food assistance program
Minneapolis Edina (Proposed)
31
DRAFT
APPENDIX F
Proposed outline for educa@on and outreach
Implementation Planning for Single Use Bag Fees
Once the single use bag fee is approved by the City Council, a detailed implementation
plan and timeline is necessary to make sure that residents, visitors, and retailers all
understand the importance of the Single Use Bag Fee and how to comply.
Examples from other cities:
· City of Philadelphia
· City of Denver
· City of Edwardsville, IL
· State of New Jersey
Key Elements of the Implementation Plan
I.Timeline that allows adequate time from ordinance approval to implementation.
II.Impacted Businesses communication via information sessions, mail, and email.
III.Direct to Resident communication via mail, email, social media, and city
publications.
IV.Website to include important resources for residents and businesses including
approved ordinance, FAQs, communications materials for business use.
V.Other Considerations
I.Developing a reasonable Implementation Timeline is key to a successful rollout.
Most timelines are 6-18 months from ordinance approval to full implementation.
Example of an implementation timeline from City of Philadelphia:
A.Approximately 6 months before Ordinance goes into effect. The City of
Philadelphia approved a ban in late 2019 and created a timeline to implement
the fee in 2020. Though the plan was significantly delayed due to the
Coronavirus pandemic, here is the timeline as implemented in 2021.
B.This timeline allows for residents and businesses to learn about the new policy in
advance of the ban taking effect. It requires that businesses begin posting
signage to communicate when the program will begin and exactly what the
program entails.
II.Communication with Impacted Businesses
A.Info Sessions for Impacted Businesses. The City of Philadelphia hosted several
virtual information sessions for businesses that would be impacted by the new
ordinance. It was a forum for businesses to learn more about the coming ban
and ask any questions they had regarding the ordinance. The sessions were
scheduled after the ordinance was passed, but prior to when it went into affect.
32
DRAFT
Example of Virtual Info Session Content
Example of Training for Businesses
NJ Video
B.Materials for impacted Businesses. Provide signage and communication tools
to impacted businesses. To assist businesses through this transition, the City of
Philadelphia is providing various resources, all of which are available on a new
webpage. Resources available include:
1.Signage—in multiple languages—that businesses can download, print, or
order.
a)Window signs/clings
b)Point of Sale signs (at check out)
c)“Bring your Bag” signs for parking areas
2.Flyers about the ban.
3.Training materials for employees regarding the fee Lousiville Colorado
4.Virtual business information sessions available to watch online
III.Direct Communication to Residents
A.Postcards mailed to city residents
B.Email communication via City Communications (Newsletters)
C.Social media notifications (Twitter/Facebook)
D.Yard signs
E.Press Releases to local media (TV, newspaper, radio)
IV.Website
A.In depth rationale for the single use bag fee
B.Complete Ordnance
C.Frequently asked questions (FAQs)
D.Contacts for more information
E.Resources for businesses
F.Place to report violations
V.Other Considerations
A.Distribution of Reusable Bags to Residents and/or Retailers
B.Bag Exchange Programs. Examples:
1.Bull City Boomerang Bag
2.DC Share a Bag
3.Goatote
C.Communication to schools
D.Signage with scannable QR code
33
Date: December 8, 2022 Agenda Item #: VII.B.
To:Energy and Environment Commission Item Type:
Report and Recommendation
From:Grace Hancock, Sustainability Manager
Item Activity:
Subject:Monthly call for communication requests Action
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Submit any communications requests to staff liaison for processing
INTRODUCTION:
ATTACHMENTS:
Description
EEC Communication Channels
Energy and Environment Commission Communication Guidelines
Communication Channels
These channels are used by Edina’s Communication Department and can be accessed by the EEC. While
turnaround time is included, it is recommended that requests be made as early as possible for planning
purposes. There will be a call for communication requests as a standing agenda item at each EEC
meeting. The staff liaison will coordinate requests with Communications Director, Jennifer Bennerotte.
Type Content Materials from
EEC
Publishing
Frequency
Turnaround
Time
Website Press releases/news alerts (Hometown
Heroes is a longer feature – also on
social media and recognized at City
Council meetings)
Topic/
nomination,
willingness to be
interviewed
Ad hoc 1 week
(Hometown
Heroes = 1-2
months)
Better
Together
Edina
Any topic that the Commission wants
to get feedback on or engage with the
public
Topic, drafted
text, type of
engagement, etc.
Ad hoc 1 week
Sun Current Newspaper- Guest Column (cannot
be submitted on behalf of the
Commission/City). Anything coming
from the City needs to be submitted
by the Comms Dept.
Text Weekly Independent
submission
Edition Edina Newsletter Topic, willingness
to be interviewed
Monthly 60 days
Social Media Facebook, Twitter, Instagram Topic, # of posts Ad hoc Campaign = 1
month
Basic post = 1 day
Video Agenda: Edina /Mayor’s Minute/
Youtube idea
Topic, willingness
to be interviewed
2x/month 1 month
Direct Mailers postcards, inserts, posters, flyers, etc. Budget, topic Ad hoc 1 month
Send Text Text Topic Opt-in 1 month
Other
Newsletters
PW Pipeline and Parks Activities
Directory, The Times (Senior Center
newsletter)
Topic, willingness
to be interviewed
2x/year
(The
Times =
10x/yr)
3 months
City Extra
Emails
Can choose topic area-bulk emails Topic, draft text Opt-in 1 week
Contact Information
Grace Hancock
Sustainability Manager
GHancock@EdinaMN.gov
Communication Department Project Lead Times
The following lead times are organized by level of work involved by Communication Department. These
are recommended by the staff to provide guidance for marketing and communication development.
Level 1 (1 day)
• Re-order of existing project
Level 2 (3 days)
• Re-sizing existing project (no other edits)
• Website banner images
• Basic photo editing
Level 3 (1 week- small changes)
• Copy changes where text doesn’t move
• Postcards
• Rack cards
• Social media graphics based on existing campaign
• PowerPoint presentation graphics for public event
Level 4 (2 weeks-updates)
• New social media graphics
• Updates to existing pieces (new copy, colors, photos or combination thereof)
• Posters and flyers
• Ads
Level 5 (3-4 weeks-significant projects)
• New campaigns
• New art
• Brochures
• Reports
• Pamphlets and booklets
Level 6 (More than 1 month (to be negotiated or determined with Director-large projects))
• Re-brand
• Logo design
• Publication redesign