Opinion: Calculating the fee on disposable bags
The Boulder City Council is in the process of imposing a fee on single use paper and plastic bags, the kind stores now give away to customers. Local governments have the power to impose such “special fees” on many activities. But because of the Taxpayers Bill of Rights (TABOR – Article X, Sec. 20 in the Colorado Constitution) it’s important to know what the constraints are, so that the city can maximize protection of the environment while avoiding a lawsuit claiming that this fee is a tax and requires a TABOR vote. The council would do well to learn something about the field and not simply rely on consultants. I have seen experts make mistakes, or miss alternative approaches because they didn’t think broadly enough. There are a number of cases, both national and local, that interpret the 5th Amendment’s protection of private property. Local governments have been granted a lot of flexibility in setting fees, perhaps sometimes more than warranted, but this flexibility is not unlimi...