HomeMy WebLinkAboutCD Single Carry Out; Plastic Bag OrdinanceFPP_ 140f
Agenda Item No:
5. d
Meeting Date: December 2, 2013
Department: Community Development Department
Prepared by: Paul A. Jensen, Director City Manager Approva
SUBJECT: Consideration of Draft Environmental Impact Report (DEIR) for Single -use Carryout
Bag Reduction Ordinance; City File No: P13-011
RECOMMENDATION:
1. Accept public testimony on the DEIR
2. Provide comments and feedback on DEIR Alternatives
3. Forward comments on DEIR (if any) to Marin Hazardous and Solid Waste Management Joint
Powers Authority (JPA)
Local Efforts to Regulate Single -use Carryout Bags
In response to Assembly Bill 32 (AB32), the California Global Warming Act of 2006, in 2009, the City of
San Rafael adopted the Climate Change Action Plan (CLAP). The CLAP includes a list of
implementation measures to locally reduce greenhouse gas (GHG) emissions. CLAP Program LF17
recommends that the City investigate options for banning non -recyclable single use items such as plastic
bags and polystyrene take-out food containers. In 2012, the City adopted an ordinance banning retail
food vendors from carrying expanded polystyrene foam (EPS) containers in stores.
Ordinances banning single -use carryout bags have been adopted by many cities, towns and counties
throughout California. In Marin, ordinances have been adopted by and are currently being enforced in the
County of Marin (unincorporated area) and the Town of Fairfax. While currently in effect, the County of
Marin was sued for adopting its ordinance. The lawsuit challenged the County's decision to exempt its
action on the ordinance from environmental review (CEQA review and clearance).
Determination to Prepare an Environmental Impact Report (EIR)
In response to the lawsuit involving the County of Marin ordinance, in fall 2012, our City Manager
requested the Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA) to
coordinate a collective effort to develop a "model ordinance" that would cover the regulation of single -use
carryout bags. The JPAs role was to also administer the preparation of an Environmental Impact Report
(EIR) to assess the impacts of the model ordinance. The intent of this effort was to.. a) provide an
ordinance and EIR that could be utilized by all local jurisdictions; and b) accelerate the adoption of
carryout bag regulations throughout the County. On this effort, the JPA represents the cities/towns of
Marin, specifically, San Rafael, Novato, San Anselmo, Sausalito, Tiburon, Belvedere, Mill Valley,
Larkspur, Corte Madera and Ross. For the purpose of representing the participating jurisdictions, the
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
11 11� iq�i��
"Study Area" developed for the ordinance and EIR included these jurisdictions as well as unincorporated
Marin County and the Town of Fairfax. The JPA will administer the EIR preparation and public review
process through certification. Following certification of the Final EIR (FEIR) by the JPA, the document will
be available to the local jurisdictions for use in adoption of their local ordinances.
In late spring 2013, the JPA entered into a contract with Rincon Consultants, Inc. (Rincon) to prepare a
model ordinance and the EIR. Rincon has prepared numerous environmental documents throughout
California assessing the impacts of single -use carryout bag ordinances.
Project Description- Single -Use Carryout Bag Reduction "Model Ordinance"
A d raft it model ordinance" has been prepared to propose regulating the.. use of single -use plastic and
recyclable paper carryout bags. This model ordinance includes opportunities for further measures to
reduce the use of carryout bags (discussed below under Alternatives section of report). As drafted, the
"base model ordinance" (ordinance) would apply to three categories of retail establishments that are
located within or doing business within the geographic limits of the Study Area:
A full line self-service retails store with gross annual sales of $2,000,000 or more that sells a line
of dry grocery, canned goods, or non-food items and some perishable items;
A store of at least 10,000 square feet that generates sales or use tax pursuant to the Bradley -
Burns Uniform Local Sales and Use Tax Law; or
A drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other
entity engaged in the retail sale of a limited line of goods which typically include milk, bread, soda,
and snack foods, including those stores with a Type 20 or 21 liquor license issued by the State of
California Department of Alcoholic Beverage Control.
P,drafted, the ordinance would: 1) prohibit the distribution of single -use plastic carryout bags; 2) prohibit
the free distribution of recyclable paper carryout bags; and 3) require retail establishments to charge
customers (at least $0.05) for recycled paper carryout bags and, generally, reusable carryout bags, at the
point of sale. The ordinance has been drafted so that it would not apply to restaurants and other food
service providers, allowing them to provide single use plastic carryout bags to customers for prepared
take-out food intended for consumption off of the food provider's premises.
The intent of the ordinance is to reduce the environmental impacts related to the use of single -us
carryout bags, and to promote a shift toward the use of reusable carryout bags. It is anticipated that b
prohibiting single -use plastic carryout bags and requiring a mandatory charge for each recyclable pap
carryout bag distributed by retailers, the ordinance would provide a disincentive to customers to reque
recyclable paper carryout bags when shopping at regulated stores. Further, the intent is to promote
shift to the use of reusable carryout bags by retail customers, while reducing the number of single us
plastic and recyclable paper carryout bags within the ten participating Marin cities and towns.• I
Single use plastic carryout bags are defined in the ordinance as any bag made predominately of plasti
derived from either petroleum or biologically -based sources, such as corn or other plant sources, which i
provided to a customer at the point of sale. Regulated bags would not include a product bag (defined a
any bag without handles used exclusively to carry produce, meats, or other food items such as bulk food
to the point of sale inside a store or to prevent such food items from coming into direct contact with othe
purchased items). A recyclable paper carryout bag is defined in the draft ordinance as a bag that:
1. Contains no old growth fiber-,
2. Is 100% recyclable overall and contains a minimum of 40% post -consumer recycled material-,
3. Is capable of composting;
4. Is accepted for recycling in curbside programs;
5. Has printed on the bag, the name of the manufacturer, the location (country) where the bag
was manufactured, and the percentage of postconsumer recycled material used; and
6. Displays the word (i recyclable" in a highly visible manner on the outside of the bag.
As mentioned above, the ordinance has been prepared for adoption (as proposed or amended) by the
following local jurisdictions- Belvedere, Corte Madera, Larkspur, Mill Valley, Novato, Ross, San Anselmo,
San Rafael, Sausalito and Tiburon. A full description of the project (ordinance) is provided in DEIR
Section 2.0 (Project Description), pages 2.1-2.10.
ANALYSIS - ENVIRONMENTAL. REVIEW:
Noticeof - •. • i'
MarinConsistent with the CEQA Guidelines, in June 2013, the JPA, serving as the agent for the
cities/towns (lead agencies), published a Notice of Preparation (NOP) initiating the intent to prepare an
EIR. A 30 -day review period was observed and a 'scoping meeting' was conducted to solicit comments
on topic areas of study for the EIR. Written comments were submitted to the JPA by the Save the San
Francisco Bay organization, Bob Brown, City of Novato, and Crown Poly, Inc., a California-based plastic
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commentsNotice of CompletionlAvaillabillity and Publication of DEIR
A Draft Environmental Impact Report (DEIR) has been completed. Pursuant to Section 15372 of the
CEQA Guidelines, a Notice of Completion (Notice of Availability) was published on November 1, 2013. A
45 -day review period is being observed to solicit comments on the DEIR. The JPA will accept written
on i # December!13, 5:00pm. The DEIR and Notice of Availability can be
accessed for review at-. i #!#
In August 2013, an Initial Study was prepared to finalize the scope of study for the EIR. The results of the
Initial Study dismissed most topic areas from further study with a finding of no impacts or less -than -
significant impacts. The Initial Study is presented in Appendix A of the DEIR. The Initial Study
determined that the ordinance would result in potentially significant impacts in the topic areas of air
quality, biological resources, greenhouse gas emissions, hydrology/water quality, and utilities and service
systems. The DEIR focused on the study in these topic areas (DEIR Section 4.0). Provided below is a
brief summary of the DEIR findings in these topic areas, as well as a summary of the cumulative impacts
and the seven alternatives that were studied.
DEIR Assumptions
For the purposes of analysis, the DEIR assumes that approximately 95% of the volume of single -use
plastic carryout bags currently being used in the Study Area (95,000,000+ bags per year) would be
replaced by recyclable paper carryout bags (approximately 65%) and reusable carryout bags
(approximately 30%). The DEIR also assumes that 5% of the existing single use plastic carryout bags
used in the Study Area would remain in use, as the ordinance as drafted would not apply to some
retailers who distribute single -use plastic carryout bags (e.g., restaurants, and other non-grocery—related
retailers). Lastly, a 1:1 bag replacement ratio is assumed, which is considered conservative as recycled
paper carryout bags hold 150% of the volume of a single -use carryout plastic bag.
Air Quality
The following air quality impacts were initially identified as potentially significant. However, following
further study, which included a quantitative air quality analysis, these impacts were found to be less -than -
significant and no mitigation is required:
Imoact AQ -1 — With the shift toward recyclable paper and reusable darryout bags, the propose
ordinance is expected to substantially reduce the number of single -use plastic carryout bags use
within the Study Area, thereby reducing the total number of bags manufactured. The ozon
emissions associated !" ofcarryout #!# manufacture,transport ! use woul#
incrementaldecrease compared to existing conditions. Although atmospheric acidification emission
associated with carryout bag manufacture, transport and use would increase, carryout ba
manufacturers would be required to comply with existing air quality regulations. In addition, n
carryout bag manufacturers are within the local air basin.
Impact AQ -2 — With an expected increase in the use of recyclable paper and reusable carryout
bags, the proposed ordinance would generate air pollutant emissions associated with an
"., `in truck tripsto deliverrecyclable paper and reusable carryout!.!s ti local
retailer's., delivery of plastic carryoutbags. .. .. emissions ! ! not exceed
` !! Area Air Quality Management 1 thresholds.
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Biological Resources
The following biological resource impact was initially identified as potentially significant. However,
following further study, this impact was found to be less -than -significant and no mitigation is required:
Impact BIO -1 - The proposed ordinance would incrementally increase the number of recycled
paper and reusable carryout bags within the Study Area. However, the reduction in the amount
of single use plastic carryout bags would be expected to reduce the overall amount of litter
entering the creeks and coastal habitat, thus reducing litter -related impacts to sensitive wildlife
species and sensitive habitats.
Greenhouse Gas Emissions
The following greenhouse gas emission impacts were initially identified as potentially significan,
However, following further study, which included a quantitative GHG emissions analysis, these impact'l-
were found to be less -than -significant and no mitigation is required:
Impact GHG-1 — The proposed ordinance would increase the amount of recyclable paper and
reusable carryout bags within the Study Area and would therefore incrementally increase GHG
emissions compared to existing conditions (impacts associated with manufacturing, transporting,
disposing and cleaning bags). However, the projected emissions would not exceed the
thresholds of significance.
Impact GHG-2 - The proposed ordinance would not conflict with any applicable plan, policy or
regulation of an agency adopted for the purpose of reducing GHG emissions. The proposed
ordinance would be consistent with the City of San Rafael Climate Change Action Plan (CCAP),
the California Air Resources Board standards and measures, and the State Attorney General
Greenhouse Gas Reduction Measures.
Hydrology and Water Quality
The following hydrology/water quality impacts were initially identified as potentially significant. However,
following further study, these impacts were found to be beneficial or less -than -significant and no
mitigation is required.
Impact HWQ-1 — The proposed ordinance would incrementally increase the number of recyclable
paper and reusable carryout bags used in the Study Area, but the reduction in the overall number
of single -use plastic carryout bags used in the Study Area would reduce the amount of litter and
waste entering the storm drains, which would improve local surface water quality.
Impact HWQ-2 — A shift toward reusable carryout bags and potential increase in the use of
recyclable paper carryout bags could increase the chemicals associated with their production,
which would degrade water quality in some instances and locations. However, bag
manufacturers would be required to adhere to existing regulations, including the NPIDES
permitting requirements and the California Health & Safety Code.
Utilities and Service Systems
The following utilities and service systems impacts were ally identified as potentially significant.
However, following further study, including a quantitative review of water supply, wastewater capacity and
landfill capacity, these impacts were found to be less -than -significant and no mitigation is required:
Impact U-1 — The increased use of reusable carryout bags with the Study Area that would result
from the proposed ordinance would incrementally increase water demand due to washing of
reusable carryout bags. However, sufficient water supplies are available to meet the projected
increase in demand.
Impact U-2 - Water use associated with washing reusable carryout bags within the Study Area
would incrementally increase wastewater generation. However, projected wastewater flows would
remain within the capacity of the Study Area wastewater collection and treatment systems, and
would not exceed acceptable wastewater treatment requirements.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pau: 5
Impact U-3 - The proposed ordinance would alter the solid waste generation rates in the Study
Area due to an increase in recyclable paper and reusable carryout bag use, and a reduction in
single use plastic bag use. However, the DEIR concludes that the projected future solid waste
generation would remain within the capacity of the regional landfills.
Cumulative Impacts
The CEQA Guidelines require that cumulative impacts be assessed. Cumulative impacts are defined as
two or more actions that, when considered together, are considerable or will compound other
environmental impacts. For the purposes of the DEIR analysis, the cumulative significance of the
proposed ordinance has been analyzed within the context of other carryout bag ordinances that are
approved or pending throughout California. The DEIR identifies 41 currently adopted, proposed or
pending carryout bag ordinances in California.
The potential for significant, cumulative impacts for each of the above topic areas were studied and
included in the DEIR. While the proposed ordinance would result in some incremental increases in
impacts, the impacts are below established thresholds for a significant impact and/or are off -set by
beneficial impacts. For this reason, cumulative impacts have been determined to be less -than -significant.
Alternatives
As required by the CEQA Guidelines, the DEIR must consider and examine a range of alternatives to the
proposed project that would feasibly attain most of the basic project objectives. Seven alternatives were
scoped and studies. These alternatives are described and evaluated in DEIR Section 6.0 (Alternatives).
Studied alternatives include:
Alternative 1: No Project - The no project alternative assumes that the Single Use Carryout Bag
Reduction Ordinance would not occur. The existing retail establishments would continue to
provide single use plastic and recyclable paper bags free of charge to the customers.
Alternative 2: Ban on Single Use Plastic Carryout Bags at all Retail Establishments, Except
Restaurants - This alternative would prohibit all retail establishments in the Study Area from
providing single use plastic carryout bags to customers at the point of sale, but restaurants and
other food establishments would still be excluded from the Proposed Ordinance.
Alternative 3: Ban on Single Use Plastic Carryout Bags at all Retail Establishments, Including
Restaurants - This alternative would prohibit all retail establishments in the Study Area from
providing single use plastic carryout bags to customers at the point of sale, including restaurants
and other food establishments.
Alternative 4: Mandatory Charge of $0.10 for Recyclable Paper Carryout Bags - This alternative
would continue to prohibit retail establishments (except restaurants) in the Study Area from
providing single use plastic carryout bags to customers at the point of sale, but would increase
the mandatory charge for recyclable paper carryout bags from $0.05 to $0.10.
Alternative 5: Mandatory Charge of $0.25 for Recyclable Paper Carryout Bags - This alternative
would continue to prohibit retail establishments (except restaurants) in the Study Area from
providing single use plastic carryout bags to customers at the point of sale, but would increase
the mandatory charge for recyclable paper carryout bags from $0.05 to $0.25.
Alternative 6- Ban on Single Use Plastic Carryout Bags, including Product Bags, $0.05 fee for
Recyclable Paper Carryout Bags — This alternative would prohibit all retail establishments in the
Study Area from providing single use plastic carryout bags to customers at the point of sale and
would also ban product bags.
Alternative 7.- Ban on all Single Use Plastic Carryout Bags at all Retailers, Mandatory Charge of
$0.25 for Recyclable Paper Carryout Bags — This alternative would prohibit all retail
establishments in the Study Area from providing single use plastic carryout bags to customers at
the point of sale, including restaurants and other food establishments and would increase the
mandatory charge for recyclable paper carryout bags from $0.05 to $0.25.
The CEQA Guidelines require that, among the range of alternatives that are studied, an environmentally
superior alternative be identified that would result in the fewest or least significant environmental impacts.
The DEIR concludes that Alternative 5 (mandatory charge of $0.25) for paper bags as the
environmentally superior as it would have greater overall benefits compared to the proposed ordinance.
Impacts to air quality would be beneficial under Alternative 5. This alternative would reduce solid waste in
area landfills compared to the proposed ordinance but would increase water use and wastewater
generation compared to the proposed ordinance (resulting from washing reusable bags). Alternative 4
(mandatory charge of $0.10 for paper bags) would also be also be environmentally superior to the base
model ordinance.
At present, there is no firm consensus among the local jurisdictions on which alternative is preferred.
While the best practice is to promote a consistent ordinance that is applicable countywide, this may not
be achievable. However, among staff there has been discussion to support Alternative 4, which would
mandate a $0.10 charge for carryout paper bags for retail establishments. Staff has consulted with the
City Council Sustainability Sub -committee on these alternatives. The initial feedback from the sub-
committee is that Alternative 4 is the preferred direction for the San Rafael ordinance.
Staff urges the City Council to provide feedback and comments on the alternatives, which will assist staff
in crafting an ordinance for Council consideration and adoption. When an ordinance is crafted for Council
review and consideration, staff will present available information on the cost to the retailer and pass-
through cost to the customer.
Public Hearing on DEIR
Although the JPA is administering the environmental review process for Marin jurisdictions (lead
agencies), the City of San Rafael staff has determined that a public hearing on the DEIR is appropriate.
As the City of San Rafael is a "lead agency" on this project, we must follow our local environmental review
procedures (City of San Rafael Environmental Assessment Procedures Manual), which require that a
public hearing be conducted on a DEIR. The purpose of the public hearing is to:
Solicit comment on the DEIR from the City Council and public. All comments will be forwarded to
the JPA for review and response in the preparation of a Final Environmental Impact Report
(FEIR).
Provide an opportunity for the City Council to ask questions about studies and findings presented
in the DEIR. Rincon representatives will be available at the public hearing to respond to
questions.
Provide an opportunity for the City Council to provide feedback on the ordinance and the
alternatives presented in the DEIR. Feedback will be helpful in customizing the ordinance for
future presentation to the City Council.
Conclusions and Next Steps
The DEIR has been prepared in accordance with the EIR preparation provisions of the CEQA Guidelines
and the City's Environmental Assessment Procedures Manual. Further, the DEIR concludes that
adoption of the proposed ordinance would not result in any significant, unavoidable environmental
impacts or significant impacts that require mitigation. Consequently, the DEIR does not include any
recommended mitigation measures that would need to be addressed in considering the adoption of an
ordinance.
Staff has no comments on the DEIR that require addressing or clarification in the Final EIR (FEIR). It is
recommended that the City Council accept public comments on the document and direct staff to forward
any comments to the JPA for response and preparation of a FEIR.
The EIR consultants will prepare a written response to all comments received on the DEIR, which will be
published in a second volume entitled, Final EIR/Response to Comments (FEIR). Once completed, the
X
JPA will forward the certified FEIR to the City for document use in the adoption of our local ordinance. It
is expected that this next step will occur in early 2014.
FISCAL IMPACT. -
Costs for outreach and enforcement are unknown, but are likely to be minimal. It is anticipated that if most
of the jurisdictions in Marin County enact an ordinance based on this EIR, as is expected, then the free
SAN RAFAEL CITY COUNCIL AGIIENDAIREPORT-fags: 7
media exposure and normative effect will address the majority of outreach needs. The Marin County
Division of Weights and Measures completes annual inspections of retailers, and will provide information
to San Rafael businesses at that time for us without cost. In addition, the JPA anticipated a need for
funds to assist with outreach and enforcement and the City is in discussion with them about how some of
those funds might be leveraged to assist San Rafael with enforcement and printing of materials. Last,
volunteers from the City's Single Use Plastics Advisory Committee will be enlisted to assist with initial
outreach, which will necessitate some staff time for coordination.
OPTIONS:
The City Council has the following options:
1. Direct staff to forward all comments on the DEIR to the JPA for preparation of a Final EIR;
2. Request that the JPA extend the public review period on the DEIR and continue the hearing for
additional information; or
3. Request that the JPA prepare a revised DEIR and re -circulate for public review
ACTION REQUIRED:
1. Open public hearing and accept public comment.
2. Provide comments and feedback on the DEIR Alternatives.
3. Forward comments (if any) to JPA for response and preparation of FEIR.
EXHIBIT:
Exhibit 1: Public Hearing Notice
p1stcbagDE1R.CC rpt 12-2-13
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
You are invited to attend the City Council hearing on the following project:
PROJECT: Public hearing on Draft Environmental Impact Report (DEIR) prepared for the Single -Use
Carry -Out Bag Reduction Ordinance; project sponsor: Marin Hazardous and Solid Waste
Management Joint Powers Authority (JPA) on behalf of participating lead agencies (including
City of San Rafael); File No: P 13-011.
The JPA has published a Notice of Availability setting a 45 -day review period on the DEIR
and will accept public comment until December 15, 2013, 5:00pm. The DEIR can be accessed
for review at http://zerowastemarin.orj4/zero-w,-ciste- 101 /single -use -carryout -bay'.
HEARING DATE: Monday, December 2, 2013 at 7:00 P.M.
LOCATION:
San Rafael City Hall — City Council Chambers
1400 Fifth Avenue at "D" Street
San Rafael, California
WHAT WILL
You can comment on the Draft Environmental Impact Report (DEIR), The City Council will
HAPPEN:
consider all public testimony and forward comments and questions to the JPA for response.
IF YOU CANNOT
You can send a letter to the Office of the City Clerk, City of San Rafael, P.O. Box 151560, San
ATTEND:
Rafael, CA 94915-1560. You can also hand deliver a comment letter prior to the meeting.
FOR MORE Contact Paul Jensen, at (415) 485-5064 or paul.jensen*cityofsanrafael.org. You can also
INFORMATION: view the staffreport after 5:00 p.m. on the Friday before the meeting at
http://www.citvofsanrafael.oriz/meetings
SAN RAFAEL CITY COUNCIL
../s/ Esther Beime
Esther Beirne
CITY CLERK
1111, A 111�
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AG,REMENT 7
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. 5.d
DATE OF MEETING- December 2, 201
FROM: Paul Jensen
DEPARTMENT: Community Development
DATE- November 22, 2013
TITLE OF DOCUMENT: Consideration of Draft Environmental Impact Report (DEIR) for Single -use
Carrout Bag Reduction Ordinance; City File No. P13-011
Department Head (signature)
APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM:
e
AGENDA ITEM:
City Manager (s'lignatier) City Attorney (signature)