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Agenda Item No:
5
V
Meeting Date: June 1 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: Terri Hardesty City Manager Approval:
Assistant to the City Manager
SUBJECT: LEGISLATION AFFECTING SAN RAFAEL
RECOMMENDATION:
AB 68/87 (Single Use Carry Out Bags)
AB 744 (Toll Lanes)
BACKGROUND:
Attached is a summary of some of the legislation that is pending this legislative session that
may have an effect on San Rafael.
The summary includes background information of what the bill does. At this time the League
of California Cities is not taking a position on these bills. For City purposes it's an opportunity
to become familiar with the proposed legislation so that when action is requested, we can
take immediate action.
OPTIONS:
• Adopt the recommendation as reflected in the staff report.
• Modify the positions as reflected in the staff report and approve.
• Request further information.
• Reject the staff recommendation and chose not to take a position on any on any of the
above-mentioned legislative items.
ACTION REQUIRED:
If Council concurs, the appropriate action would be a motion to accept this report and approve
staff recommendation on the above listed legislation
LEGISLATIVE SUMMARY
Bill Number; Title; Author; Summary;
Status
Analysis and Fiscal Effect
Recommended
City Position
League
Position
Measures:Support
Analysis:
with
Support with
AB 68 & 87 (Single -use Carry out
Amendments
Amendments
bags)
The author of the bill contends the
Introduced by:
volume of plastic bags distributed to
Assembly Members Brownley, Davis
customers by grocery, convenience
stores and pharmacies needs to be
reduced significantly to lower the
Summary:
amount of plastic bags that enter
AB 87 and AB 68 would restrict grocery
landfills. California uses over 19
and convenience stores from providing
billion plastic bags a year but
single -use carryout bags to their
recycle less than five percent of
customers and would place a 25 -cent
those bags.
fee on single -use carryout bags as well
as create a new Bag Pollution Fund to
This bill requires stores to charge
provide moneys for programs to
customers a 25 -cent fee per bag on
address the mitigation of single -use
all carryout bags. This fee would be
carryout bags.
charged and collected by stores and
then used by those same stores to
cover their carryout bag costs,
Status:
including educational material.
Assembly Appropriations Committee
The Marin County Council of
Mayors and Council Members
(MCCMC) supports AB 68 and AB
87, if the measures are amended.
While MCCMC supports legislation
that charges a fee for single -use
carryout bags at the point of sale,
there are still several concerns:
• Fee should be applied to
all consumers who should
be encouraged to recycle
and use reusable bags
when shopping.
• Funds should be used to
address the mitigation of
the bags as well as be
used to address recycling
and litter abatement
programs for existing and
new bags that enter the
solid waste system.
• A number of cities that
have attempted to ban
single -use carryout plastic
or paper bags on their own
have been sued over the
lack of CEQA analysis of
Measure:
AB 744 (Toll Lanes)
M
Assembly Member Torrico
Summary:
This bill authorizes the Bay Area
Toll Authority (BATA) to develop
and finance an Express Lane
Network. The measure authorizes
BATA to construct and operate an
express lane on state highways
within the nine -county Bay Area.
Status:
Assembly Appropriations Committee
the ban. Thus, there
should be a CEQA
exemption for cities,
counties, or cities and
counties that ban single -
use carryout bags in their
communities.
• Would like to see limits on
cities being able to ban
plastic and paper bags
removed from the
legislation.
Fiscal Effect:
One-time cost of about $300,000
in 2010-11 to the Integrated Waste
management Board. Ongoing
costs, about $600,000 annually,
starting in 2012-13 to enforce
these provisions
Analysis:
According to the Metropolitan
Transportation Commission, AB
744 authorizes the Bay Area Toll
Authority to finance, construct and
operate an 800 -mile express lane
network involving converting HOV
lanes to congestion -priced express
lanes. The network is expected to
provide free-flowing traffic for
carpools, buses, and toll payers,
using congestion pricing. The goal
is to allow more vehicles to travel
with fewer traffic delays and
provide an efficient and effective,
consistent, and seamless system
for network customers.
Fiscal Effect: The sponsor, MTC
estimates that the network will cost
$7.6 billion to build, finance and
operate, and will generate $13.7
billion in toll revenue over the next
25 years.
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