A City Council committee’s members signaled Wednesday that they may gut an ordinance that would expand how Denver can use revenue from the city’s 10-cent disposable bag fee.
When the council approved that fee in 2019, it was intended as a way to reduce the prevalence of single-use plastics in Denver. The ordinance, which took effect in 2021, allows the revenue generated from the fee to be used for administering the program, including educating the public and giving away reusable bags. The money could also be used to cut down on other single-use plastics.
The Office of Climate Action, Sustainability and Resiliency proposed changes Wednesday that would allow the city to use that revenue for “additional community priorities” such as supporting the city’s universal recycling and composting programs, which are set to grow next year.
Councilman Chris Hinds, who was one of the council members who sponsored the original legislation, expressed concern that the expansion of fee uses was too broad.
“As a legislator, I’m starting to look into, should we limit those allowable uses?” he said.
Hinds referenced a recent decision by the Department of Transportation and Infrastructure to remove vertical barriers on some bike lanes in favor of lower-profile dividers. He said that because of the use of similar language, the city was able to spend $200,000 on that effort without seeking council approval.
Other council members raised additional concerns, including whether the bag fee should be renamed if it’s used for other programs.
“We’re turning this bag fee into the Waste No More implementation ordinance — and if that’s the case, we should just name it that,” Council President Amanda Sandoval said. “We should be honest about what this fund is.”
Sandoval was referring to a voter-approved initiative passed in 2022 that requires apartment buildings to offer composting and recycling, and for restaurants to divert their waste, too. Those rules are set to be implemented next September.
The questions, and council members’ suggestions that they would propose changes in the coming weeks, are the latest clash over policy between the council and Mayor Mike Johnston’s administration. Last month, a committee delayed action on measures related to the stadium planned for Denver’s new professional women’s soccer team, citing a need for more details.
The ordinance changes presented Wednesday would also allow for the transfer of $4.7 million in fee revenue already budgeted by the council to the city’s compost services. City officials said if the proposal wasn’t approved, those already-spent dollars would have to come from another budget line. Councilman Kevin Flynn proposed striking the language that would expand the uses of the disposable bag fee fund revenue — but keeping the one allowing that transfer to take place.
“Let’s get that done so we don’t mess with balancing the budget at the last minute,” he said.
Councilwoman Shontel Lewis, who chairs the Transportation and Infrastructure Committee, said the council shouldn’t be put in the position of not being able to discuss or postpone a policy proposal without damaging the budget.
“When we talk about things coming late and us being unable to balance the budget, I don’t think that’s the sole responsibility of … this committee or council members,” she said.
The committee discussed the proposal for over an hour and a half and ultimately voted to advance it — but with stated plans to amend the measure once it’s before the full council soon.
Liz Babcock, the executive director of Denver’s climate action office, said that if the council didn’t allow for the expanded uses of bag fee revenue, the city may not be able to meet the September deadline for beginning to enforce the Waste No More ordinance.
“I think without these dollars, it will be very, very difficult for our team,” Babcock said.
During the presentation, officials shared that since the bag fee ordinance was enacted, disposable bag usage had decreased by 50% in the city. They estimated that meant that the use of more than 50 million plastic bags was averted at grocery stores and other retailers.
The state legislature later passed a law that prohibited most stores from giving out plastic bags in Colorado, starting in 2024. Paper bags can now be provided to customers for the 10-cent fee if they don’t bring their own bags.
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