DC Bag Law Presented by Jeffrey Seltzer Associate Director Stormwater Management Division District Department of the Environment PSI’s “How Best to Bag the Bag” Webinar December 11, 2012
Anacostia River Clean Up & Protection Act (“Bag Law”) Effective January 1, 2010, all District retailers that sell food or alcohol must charge a 5¢ fee for each paper or plastic disposable bag provided to customers at the point of sale.
Intent of the law • By charging a nominal fee for disposable bags, the law’s goal is to encourage District residents to use less single ‐ use disposable bags and to bring more reusable bags to stores. • Intent is to change behavior vs. generate revenue.
Exemptions Some plastic and paper bags used inside a store are exempt from the fee, if they: • Package bulk items (i.e. nuts, candy, grains, etc.) • Contain or wrap “leaky” foods or items where dampness may be a problem • Contain unwrapped prepared foods or bakery goods and… • Restaurants with seating
Material and Labeling Requirements •100% Recyclable •“Please Recycle This Bag” phrase •Paper bags must contain a minimum of 40% post ‐ consumer recycled content •Plastic bags: HDPE LDPE
Inspection and Enforcement Process
Where does the nickel go? Businesses retain $.01 and submit • $.04 to the Office of Tax and Revenue Carry ‐ out Bag Credit Program allows • businesses to keep $.02 of the $.05 collected. Fees deposited into special purpose • fund, administered by DDOE.
Projects funded by the law
Ease of Implementation DDOE focused on outreach efforts during the • first year after the law took effect. Efforts include: • Letters and cash register decals to • businesses Reusable bag distribution (partnered with • CVS/Pharmacy, Giant, Safeway and Harris Teeter) Television, radio, transit and print ads • Webpage: green.dc.gov/bags • Used existing mechanism – monthly tax return • forms – for businesses to remit bag fees to city.
Challenges and Response Challenges: Response to Challenges: Exemptions Cross training Intricate exemptions can be Agency wide training of inspectors. • • confusing for business owners. Tip line Bag material and labeling Online platform for submitting tips: • specifications green.dc.gov/baglawtip • Law stipulates material and labeling requirements for both paper and plastic bags. Consistent implementation Cashier training is key. •
Is the law working? Anecdotal evidence…YES! Businesses are ordering between 50 ‐ 70% fewer bags • Environmental groups are reporting fewer bags in the river and tributaries • Survey evidence…YES! 75% of District residents polled indicated that they have reduced their bag use • Many businesses surveyed said their consumption of bags is at least 50% lower • Majority of businesses said that the bag fee has not affected their business • Reduction in litter and a benefit to their bottom line with fewer bags purchased • Very few specific negatives were mentioned • More evidence? Stay tuned…
Contacts Kate Judson Jeff Seltzer Bag Law Program Manager Associate Director Stormwater Management Division Stormwater Management Division Phone: 202 ‐ 407 ‐ 1227 Phone: 202 ‐ 535 ‐ 1603 Email: kate.judson@dc.gov Email: jeffrey.seltzer@dc.gov
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