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06/17/2019 12:00 AMWith a crowd of all ages coming out to show support on June 12, Branford's Representative Town Meeting (RTM) voted in the majority (23-0-2) to pass an ordinance prohibiting plastic bags used for retail checkout. By Town Charter, the new ordinance becomes operative six months after its enactment. The roll call vote among 25 RTM members included one member deciding to pass on the vote and one abstention by another member.
The RTM meeting was crowded with students, parents, community members and members of Bring Your Own (BYO) Branford, the citizens' group which banded together to propose the ordinance to the town in 2018. BYO Branford organizer Meg Kilgore, who also wrote one of nine letters of support read into the record on June 12, brought 14 students up to the podium to speak to the RTM. A shared statement was delivered by four fourth-graders and another was made by a high school student.
The students provided statistics on plastic degradation and accounts of the impacts of plastic waste on the planet and its flora and fauna; particularly noting Branford's shoreline location and impacts on marine life through ingestion, smothering and other issues related to discarded plastic bags entering the environment. In addition, resulting microplastics become part of the consumption chain for animals and humans.
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 RTM vote to enact the ordinance was met by applause from the gallery and congratulatory hugs for Kilgore from many who worked with her or supported her lead in the effort to bring the ban to Branford. In October 2018,
BYO Branford offered a free public screening of the documentary "Bag It: Is Your Life Too Plastic?" followed by a panel discussion. With support from the CT Fund for the Environment, BYO Branford began distributing reusable shopping bags. Members of the group appeared at community events to spread the message and participated in public hearings at RTM committee meetings. Additional legwork included visiting local retailers to explain the concept and gather support for the ordinance, in the form of 130 merchant signatures.
"It's been about a year and a half, because it took us a while to go around to all the stores and get 130 to sign our ordinance. That's what took the longest period of time; but it was worth the effort," Kilgore told The Sound, moments after the RTM passed the ordinance on June 12.
Kilgore said she was glad to see so many students come out to show their support, noting there likely would have been even more had it not also been graduation night for Branford High School.
"To me, the bottom line is that this is really for the next generation, and the generation after that, and for all the animals that are hopefully coming along as well, and are not going to be extinguished," said Kilgore.
The final language of the ordinance was reviewed by the town attorney and crafted through the work and review of the seven-member RTM Rules and Ordinance (R&O) committee, following public meetings to gather input over a number of months. On April 16, 2019, with six members present, the R&O committee voted 5-1 to support the revised ordinance.
Branford's "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.
On June 12, one part of the ordinance, that "...businesses may charge and retain a fee" from customers of ten cents per recyclable paper bag provided at checkout, was briefly debated by some representatives, who felt that the word "may," should instead by "shall."
Ahead of the vote, Minority Leader Chris Sullivan (D, District 6) rose in favor of the ordinance and explained the sticking point.
"While I would prefer it would have included the language 'shall charge' a fee for paper bags, so [its] not just shifting consumption; I do have concerns we may not be able to pass any ordinance tonight with that language ['shall charge']," said Sullivan, who voted for the ordinance.
As previously reported, 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.
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.
Retailers with subsequent violations following their first violation would be fined $150 for each violation. The ordinance will be enforceable by any officer of the Branford police department and any enforcement officer designated by the Board of Selectmen.