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HomeMy WebLinkAboutCM Support Single Use Bag Phase OutAgenda Item No: .4.c Meeting Date: October 21, 2013 Prepared by: Rebecca Woodbury, Management Analyst City Manager Approva BACKGROUND: The issue of Climate Change has been a top priority for the Council, adopting a Climate Change Action Plan in 2009 and a Sustainability Element in the General Plan in 2011. Since that time, the City has undertaken a variety of programs and actions aimed at reducing greenhouse gases in the residential, commercial, transportation, and waste sectors. Program LF17 states "Investigate options for banning non -recyclable single use items such as plastic bags and polystyrene takeout food containers. )) In San Rafael's 2005 Greenhouse Gas inventory, the "Waste" category amounted to approximately 14% of the City's GHG emissions. Single -Use Plastic Bag ordinances have been considered and implemented throughout California as well as nationally for several years. The intention is to reduce environmental harm through less Greenhouse Gas (GHG) emissions and less waste, which often becomes litter. Statewide Efforts In 2006, the State of California passed AB 2449, which limited local government regulation of plastic bags. It required large grocery stores to have plastic bag recycling receptacles, but precluded cities from requiring a fee for distribution of plastic bags. In 2010, Assembly Bill 1998 that would have banned grocerystores, convenience stores, and pharmacies from providing plastic bags did not pass the State Senate. Senator Padilla is bringing a similar bill forward again, Senate Bill 405. Local Efforts In 2008, the Town of Fairfax adopted a plastic bag ban upon voter initiative. This was taken to the voters in response to a threat of lawsuit when the Fairfax Town Council considered an ordinance. Lawsuits for bag bans typically relate to California Environmental Quality Act (CEQA) compliance and occasionally are challenged based on Prop 26 or Prop 218, which limit new taxes and fees. In January 2011, the County of Marin passed an ordinance banning single -use carry out plastic bags by grocery stores and pharmacies and requiring stores to charge a fee (at least 5 cents) for recyclable single - use carry out bags. The ordinance is based on a Categorical Exemption to CEQA which asserts that the ordinance did not require environmental review based on a CEQA exemption. In September 2011, the Marin County Superior Court decided that Marin County's ban was appropriate and the ruling was upheld by the state Supreme Court on October 3, 2013. Councill Meeting: Disposlition: J 4- L* SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 development of an Environmental Impact Report (EIR) on behalf of Marin's Cities and Town, in part to help avoid litigation that has burdened many California jurisdictions pursuing single use carry out bag ordinances. The Draft EIR is expected to be circulated in the next few weeks. Following the EIR process, an ordinance modeled after the Marin County ban or expanded to include additional types of retailers and utilizing the EIR as a supporting policy document can be considered by the City of San Rafael and other Marin es and Towns in early 2014. Similar to a single use carryout bag ordinance, the City of San Rafael has taken action on another problematic packaging material: Expanded Polystyrene (EPS) takeout food containers. On October 1 1 2012 the City Council of San Rafael adopted an ordinance prohibiting EPS takeout food containers. This ban takes effect October 31, 2013. ANALYSIS: The City of San Rafael recognizes that local efforts are necessary and important, and will continue to pursue a local single -use plastic bag ban, educate and engage the public, and move towards a zero waste goal. The City also recognizes the need for a comprehensive state effort to reduce the use of single -use plastic bags. Senate Bill 405 seeks to reduce costs associated to plastic bag litter by prohibiting single -use plastic bags in supermarkets and drug stores starting January 1, 2015. By July 1, 20167 convenience stores must also comply with the requirements and all stores must sell certified reusable bags that have met specific performance standards. This bill would: 0 Prohibit supermarkets and drug stores, on and after January 1, 2015, from providing a single -use carryout bag (i.e., paper, plastic, or other material) to a customer at the point-of-sale. Convenience stores must comply by July 1, 2016. • Authorize supermarkets and drug stores, on and after July 1, 2016, to provide a reusable grocery bag (ie., cloth or durable plastic) to a customer, which may be made available for purchase. • Authorize supermarkets and drug stores to make a recyclable paper bag available for purchase at the point of sale. Specifies standards for reusable grocery bags. Allows ordinances adopted prior to September 1, 2013 to continue to be enforced. Prohibits any local agency from enforcing an ordinance related to single -use carryout bags after January 1, 2014. Allows local agencies to only amend the cost associated with the recyclable paper bag for existing ordinances authorizes the California Department of Resources, Recycling, and Recovery to inspect and audit a reusable bag producer. Senate Bill 405 helps further the goals of the San Rafael Climate Change Action Plan of banning non - recyclable single use items such as plastic bags and therefore staff recommends the City Council adopt a resolution supporting Senate Bill 405. The JPA led effort in Marin allows more flexibility to include additional types of retailers as well as more local control, however a statewide effort is important because of the broader geographic and population impact. FISCAL IMPACT.- No impact. RECOMMENDED ACTION: Staff recommends that the City Council adopt the attached Resolution. OPTIONS,: a Approve the Resolution a Modify Resolution and/or Direct Staff to Return with Modifications a Reject the Resolution ATTACHMENTS: Resolution V *111 - Lei � i Lei IV I MR 1: t" k I k [Iffl-quel A I ]Mall VWE A No1 TA WHEREAS, the placement of materials in waste disposal facilities, such a landfills and incinerators, causes damage to human health, wastes natural resource and transfers liabilities to future generations; and I WHEREAS, waste reduction, reuse, recycling and composting conserve naturoall resources, reduce pollution and are cheaper than destructive disposal when all cost are considered, and assist in the creation of jobs in local communities; and I WHEREAS, each year in California more than 13 billion single -use plastic bags are handed out by retailers and only 3% of these bags are recycled; and WHEREAS, plastic bags cause slow sorting and jam machinery at recycling centers costing California more than $25 million dollars each year to collect and bury the plastic bag waste; and WHEREAS, according to a study commissioned by the US Marine Debris Monitoring Program, plastic bags remain one of the top items found consistently during annual beach cleanups; and WHEREAS, the Convention on Biological Diversity reports a total of 663 species have been affected by plastic marine pollution through entanglement or ingestion; and WHEREAS, the United States Environmental Protection Agency finds that reducing the use of an item is one of the most effective ways to save our natural resources and protect the environment; and WHEREAS, approximately 14% of the greenhouse gases emitted within the City of San Rafael in 2005 were associated with waste disposal; and WHEREAS, on April 20, 2009, the San Rafael City Council adopted the San Rafael Climate Change Action Plan which includes Program LF17 that states "Investigate options for banning non -recyclable single use items such as plastic bags and polystyrene takeout food containers 11 , and WHEREASaccordance with the Climate Change Action Plan and its goals t reduce greenhouse gases, the City of San Rafael has adopted a Zero Waste resolutio that commits the City to reaching a 94% diversion rate by 2025; and WHEREAS, on October 1, 2012, the Council of the City of San Rafael adopted ?-,n ordinance prohibiting polystyrene take-out containers; and WHEREAS, the City of San Rafael is actively working with the Marin Hazardou and Solid Waste Joint Power Authority to prohibit single -use plastic bags throughout a es and towns in Marin; and I WHEREAS, State Senator Padilla has authored SB 405, which would prohibit grocery stores and large retailers from providing single -use bags to customers in 2015, and would expand that prohibition to convenience stores and food marts in 2016; and WHEREAS, by prohibiting the free distribution of plastic bags, SB 405 would help eliminate a major source of pollution in California; and NOW, THEREFORE, BE IT RESOLVED, that the City Council, on behalf of the residents of the City of San Rafael, hereby SUPPORTS Senate Bill 405 (Padilla) that would prohibit grocery stores, large retailers, convenience stores, and food marts from providing free single -use plastic bags to consumers, and require those stores to have reusable bags available for purchase. BE IT FURTHER RESOLVED, that the Council of the City of San Rafael recognizes that local efforts to ban single -use plastic bags are necessary and important to continue. 1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the I ior-ii ing Resolution was duly and regularly introduced and adopted at a regu ar meeting of the City Council of the City of San Rafael, held on Monday, the 21't of October 2013, by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Colin Esther C. Beirne, City Clerk I ri � I I ilil WwAfill!li I I , m INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 4. c DATE OF MEETING: 10/21/2013 FROM: Rebecca Woodbury DEPARTMENT- City Manager's Office DATE: 10/11/2013 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SUPPORTING SENATE BILL 405, SINGLE -USE BAG PHASE-OUT APPROVED AS COUNCIL /AGENCY AGENDA ITEM: City Manager (signs u e) �lT,�,�'T:T+i In REMARKS: Fill !F;i , Fl -d APPROVED AS TO FORM: City Attorney