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05/24/2019 12:00 AMWhile it was hoped there would be a final decision on May 14, the Representative Town Meeting (RTM) instead had to table a possible vote on Branford's proposed ordinance restricting plastic bag use at retail checkouts, due to awaiting final input from the town attorney. The RTM is now anticipated to take up the matter at its next regular meeting, set for 8 p.m. Wednesday, June 12 at Branford Fire Headquarters, 45 North Main St.
The request to have the RTM create the town ordinance was proposed by a grassroots group, Bring Your Own (BYO) Branford, in 2018. In the ensuing months, ordinance language proposed by BYO Branford has been revised through the work and review of the seven-member RTM Rules and Ordinance (R&O) committee, following public meetings to gather input. On April 16, 2019, with six members present, the R&O committee voted 5-1 to support the revised ordinance.
Next, the committee's recommendation will be taken into consideration by the full RTM, together with the town attorney's review of ordinance language. If passed by the full RTM, the ordinance becomes operative six months after its enactment.
As approved by the R&O committee on April 16, Branford's proposed "Ordinance to Reduce Plastic Trash by Prohibiting Any Plastic Bags Being Used for Retail Checkout" defines restrictions on checkout bags, sets recyclable paper bag fees which can be charged by retailers, and provides a penalty amount and enforcement procedures for retail establishment violations.
The ordinance describes its purpose as "...to protect and improve the environment of Branford, including its coastline and marine life, and the health, safety and welfare of its residents by reducing the use of plastic and paper bags and encouraging the use of reusable carryout bags during the purchase of retail goods."
The ordinance states no retail sales outlet in Branford will be allowed to provide plastic checkout bags to any customer. Plastic bags also won't be allowed to be distributed at town facilities or events on town property. Restrictions call for retail sales sites to provide only reusable checkout bags (for sale) and/or recyclable paper bags to customers, if any bags are provided. One caveat to the restriction is to allow "plastic product bags" -- defined as "a flexible container made of very think plastic material" used to transport the likes of produce and meats or small, unpackaged products (such as small hardware items), or clothing from a dry cleaner.
The proposed ordinance also allows that, "...businesses may charge and retain a fee" from customers of ten cents per recyclable paper bag provided at checkout. Retailers will be allowed to increase that fee by five cents per year, to a maximum fee not to exceed 25 cents per bag. Customers using supplemental food income support, such as SNAP and WIC; as well as seniors (ages 65 and over) won't be charged the fee.
As proposed, retail businesses in Branford found in violation of the ordinance would receive an official warning the first time; and would be charged with a $150 civil fine if a violation occurs following the first warning. A reduced fine of $50 would be available for the first violation, in exchange for providing eight hours of environmentally supportive community service coordinated by the Branford Conservation/Environmental Commission.
Also as proposed in the ordinance, retailers with subsequent violations following their first violation would be fined $150 for each violation. The ordinance would be enforcable by any officer of the Branford police department and any enforcement officer designated by the Board of Selectmen.
The Town of Westport was the first in the state to institute single-use plastic bag ban, in 2018. In addition to Branford, several towns, including Guilford, are now considering ordinances.