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
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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
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WwAfill!li I
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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)
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REMARKS:
Fill
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APPROVED AS TO FORM:
City Attorney