HomeMy WebLinkAbout3/5/2014 - STAFF REPORTS - 5.B. .y
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c�`'F°a"%P CITY COUNCIL STAFF REPORT
DATE: March 5, 2014 NEW BUSINESS
SUBJECT: DISCUSS THE REGULATION OF SINGLE-USE CARRYOUT PLASTIC
BAGS BY RETAIL ESTABLISHMENTS
FROM: David H. Ready, Executive Director
BY: Office of Sustainability
SUMMARY
Mayor Pougnet has requested the City Council discuss regulation of single-use carry
out plastic bags by retail establishments in consideration of a city-wide ordinance that
will transition businesses away from such use and promote reusable bags within the
City of Palm Springs.
RECOMMENDATION
1. Direct Staff and the Sustainability Commission as appropriate.
BACKGROUND
In April, 2012, the City of Palm Springs Sustainability Commission began to consider
regulations that would ban the use of single use plastic bags. A Commission Waste
Subcommittee was formed which researched existing regulations throughout the state
and the nation. On March 28, 2013, the Sustainability Commission held a Study
Session on this issue and invited local grocers as well as the statewide California
Grocers Association. Members of the public attended and the majority of attendees
including grocers supported a plastic bag regulation.
On May 21, 2013, the Sustainability Commission voted unanimously to approve the
drafting of a plastic bag ordinance as well as a resolution of support for State Senate Bill
405 eliminating plastic bag use statewide. The draft ordinance was completed at the
end of May 2013. Subsequently, outreach efforts by the Commission increased and
presentations were made to neighborhood groups, local businesses and the Coachella
Valley Association of Governments (CVAG). In late 2013, CVAG requested a
presentation at their Technical Working Group for Solid Waste which resulted in
continued work on a draft model ordinance. On February 13, 2014, the CVAG Energy
ITEM NO.J�—
City Council Staff Report
(March 5, 2014)--Page 2
(New Business Discussing the Regulation of Single Use Plastic Bags)
and Environmental Resources Committee approved the model ordinance.
Subsequently, on February 24, 2014, the CVAG Executive Committee voted to approve
its use by member agencies if they chose to pursue plastic bag legislation.
Concurrently, legislatipq at the state level (SB270 - "Single Use Bag Phase Out") has
b afted and s gn o the State's Natural Resources Committee.
Michele Mician,
Sustainability Manager
David H. Ready,
City Manager
Attachments:
1. Coachella Valley Association of Governments Staff Report
2. Draft Model Single Use Plastic Bag Ordinance
3. Fact Sheets and Supplemental Letters
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�r lei Valley Association of Grovernm"
Executive Conrrmit"
F 21,2014
Staff Report
Subject: Consideration of Support for Statewide Plastic Bag Legislation and
Completion of Draft Plastic Bag Ordinance
Contact: Katie Barrows, Director of Environmental Resources (kbarrows@cvag.org)
Recommendation: The Executive Committee:
1) Authorize letters of support for proposed statewide legislation on single-use
carryout bags; and
2) Approve the Draft Model Plastic Bag Ordinance for consideration by member
agencies and suspend further work on it pending the status of state legislation.
Technical Advisory Committee: CONCURS (Meeting of February 10")
Energy and Environmental Resources Committee: CONCURS (Meeting of February 131h)
Background: Since the Executive Committee directed staff to develop a model regional Single
Use Plastic Bag Ordinance in October 2013, CVAG staff has been working with our Solid Waste
and Recycling Technical Working Group (TWG) on the draft model regional ordinance. The draft
ordinance is ready for review by the Executive Committee. At the same time, state legislation
has been introduced to implement a statewide phase out of single use carryout bags. The
Executive Committee is being asked to: 1) support proposed statewide legislation, and 2)
approve the model regional Plastic Bag Ordinance so that it may be considered by member
agencies, and suspend further work on it pending status of state legislation.
At the Energy and Environmental Resources Committee meeting on February 13, the proposed
statewide legislation as well as the model ordinance were discussed. Several members
indicated that their city would likely consider the ordinance before final action is taken on the
state legislation. After some discussion, the Energy and Environmental Resources Committee
voted to forward the model ordinance to the Executive Committee with a recommendation to
support the state legislation and approve the model ordinance. The vote was nine in favor with
two abstentions (Cathedral City and Indian Wells abstained; the City of Rancho Mirage and the
Imperial Irrigation District were absent). The Technical Advisory Committee also discussed the
matter at their meeting on February 10. Following some discussion, the TAC recommendation
was to support the state legislation, forward the model ordinance to the Energy and
Environmental Resources Committee, and put the ordinance on the next TAC agenda for review
and consideration.
Statewide Legislation: Recently significant progress has been made in the California
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legislature on statewide plastic bag legislation. On January 24, 2014, Senator Alex Padilla (D-
Pacoima), Senator Kevin de Leon (D-Los Angeles) and Senator Ricardo Lara (D-Huntington
Park/Long Beach) announced support for new legislation to phase out single-use carryout bags
in California grocery stores, convenience stores, and liquor stores. Senators de Leon and Lara
both voted against similar legislation by Senator Padilla in 2013, which fell 3 votes short of the
21 votes needed for passage in the State Senate. The new bill, SB 270, is currently pending in
the Assembly Labor Committee. Due to the support from key legislators, industry groups, labor
and environmentalists, the state legislation is expected to be more successful than last year's
effort.
SB 270 has just been introduced and the provisions of this proposed legislation have not been
finalized. Based on information from Senator Padilla's website, if approved, the new bill, SB 270
will:
• Prohibit, beginning July 1, 2015, large grocery stores from providing single-use carryout
bags (i.e., paper, plastic or other material)to a customer at the point-of-sale.
• Prohibit, beginning July 1, 2016, convenience stores and liquor stores from providing single-
use carryout bags (i.e., paper, plastic or other material) to a customer at the point-of-sale.
• Authorize a store to make a recyclable paper bag available for purchase for a minimum of
ten cents($0.10).
• Allow ordinances adopted prior to September 1, 2014 to continue to be enforced.
• Make loans and grants available for single-use plastic bag manufacturers who transition
their manufacturing to reusable grocery bags.
• Require as a condition of receiving a loan or grant that the manufacturer retain and retrain
existing employees for the manufacturing of reusable grocery bags.
A fact sheet on SB 270 from Senator Padilla's office is attached for your information. The
proposed legislation includes many of the same provisions as the proposed CVAG regional
model ordinance. The proposed CVAG model ordinance, similar to SB 270, includes a 10-cent
charge for recycled paper bags as a means to encourage use of reusable bags. In SB 270, the
time frame for implementation of the statewide phase out is longer than the proposed CVAG
draft model ordinance. Smaller stores would have a full year more than large stores to comply
with the single-use bag phase out, instead of six months. The proposed state legislation also
identifies thresholds for recycled content for reusable plastic bags for sale in California. SB 270
also includes provisions to address concerns about job losses in the plastic bag manufacturing
industry. If approved, it would provide a fund for loans and grants to help retain and retrain
workers and encourage manufacturers to produce reusable bags instead of single-use plastic
bags.
The proposed state legislation addresses many of the concerns that prompted the CVAG
Executive Committee to consider a regional model ordinance, including the very real
environmental cost to marine life, birds and other wildlife. In the windy desert environment,
plastic bags create unsightly litter. Because so few of the bags are recycled (only 5% according
to CalRecycle), single-use plastic bags increase costs to local governments for clean-up. The
combined cost of single-use plastic bags to California consumers and state and local
government for use, clean-up and disposal is estimated to be in the tens of millions of dollars
annually. Based on the experience of local jurisdictions that have enacted ordinances a
statewide policy would save local governments millions of dollars annually. Ninety California
communities, including Los Angeles County, Huntington Beach, Culver City, San Jose,
Glendale, Pasadena, and Davis, have already enacted ordinances phasing out plastic bags. In
doing so, many of these communities have eliminated the significant costs associated with
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plastic bags, as well as substantially reduced the volume of bags entering their landfills. The
new plastic bag legislation is supported by a coalition of environmental, labor, and business
groups, including Californians Against Waste, Environment California, Heal the Bay, Clean Seas
Coalition, California League of Conservation Voters, Coastkeepers, Surfrider, United Food and
Commercial Workers (UFCW) Western States Council, California Grocers Association, and the
California Retailers Association.
Draft Model Plastic Bag Ordinance: Considerable work has been done to prepare the model
ordinance for your consideration. At their January 13 meeting, the Technical Working Group
recommended the draft ordinance be forwarded to the Energy and Environmental Resources
Committee, with some additions and changes they proposed. As noted, the draft model
ordinance was presented to the Energy and Environmental Resources Committee on February
13. The ordinance version approved by the Energy and Environmental Resources Committee is
attached for your consideration, with one minor change. A part of the definition of "store" was
inadvertently omitted from the draft ordinance included in the Energy and Environmental
Resources agenda packet. A part of the definition has been added as item N(5), "Store does not
include Public Eating Establishments or Nonprofit Charitable Reusers." This statement clarifies
that the ordinance does not apply to restaurants and non-profit organizations such as food
banks. If approved by the Executive Committee, the model ordinance would then be available
for consideration by individual member agencies. Individual member agencies may determine
whether to consider adoption of the model ordinance.
The following discussion provides a review of some of the issues considered in the ordinance.
The TWG considered a variety of issues in their review of the draft ordinance. In the discussion
over the last several months, the desire for reliable studies on the impacts of plastic bags and
ordinances to limit their use has been expressed. An October 2013 study, Plastic Bag Bans:
Analysis of Economic and Environmental Impacts, completed by the Equinox Center for the City
of San Diego provides useful information about the issues surrounding plastic bag ordinances:
http://www.ea uinoxcenter.oro/assets/files/Plastic%20Baq%20 Ban°/`20Web%20Version%2010-
22-13%20CK.pdf.
Some of the findings of this study related to economic impacts include:
Local economies, comprised of affected retailers and their customers, are not negatively
impacted in the long-term.
• San Jose and San Francisco have reported "no sustained negative impact to retailers."
• Estimated cost of $7.70 per household in first year of ordinance to purchase reusable bags
and fees for paper bag use. These recurring costs should decrease over time due to long
lifespan of reusable bags.
The cost to local jurisdictions of cleaning up plastic bags was also considered by the TWG.
Several sources have described these costs. For example the City of San Diego spends
approximately $160,000 per year cleaning up plastic bag litter. An estimated $34 million to $107
million is spent each year to manage plastic bag litter in our state. The Natural Resources
Defense Council has estimated that California cities spend about $11 per resident to clean up
litter which ends up in our oceans as marine pollution. The City of Calabasas includes
information on their website: http://cityofGalabasas.com/environmental/plastic-bacs.htmi which
indicates that "In Los Angeles County, public agencies spend tens of millions of dollars each
year on litter prevention, enforcement and clean up. Plastic bags contribute greatly to this
problem."The cost of cleaning up plastic bags ultimately costs taxpayers millions every year.
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Another issue considered by the TWG is the impact of plastic bags to local waste haulers.
According to the California Integrated Waste Management Board, plastic bags make up only 0.4
percent of the overall landfill disposal waste stream but account for as much as 25 percent of
the litter stream. At the TWG meeting on December 16, representatives of Burrtec indicated that
plastic bags create problems for them because they clog their equipment, blow in the wind
during the waste hauling process to become litter, and have no value in the recycling market. A
letter received via email from Palm Springs Disposal Services with similar concerns is attached
for your information.
The TWG also discussed the issue of how the ordinance would apply to special events and
farmer's markets. To address this issue, one option would be to consider including specific
language regarding special events and farmers markets. For example, the City of Glendale
includes two exemptions in its adopted ordinance providing that, "recyclable paper carryout
bags may be distributed free of charge . . . at Farmer's Markets" and "at any City facility, any
event held on City property, or at any City sponsored event." Other cities with adopted
ordinances encourage the distribution of reusable bags, as a promotional item. The TWG
recommended that this issue be considered by each jurisdiction to determine how the ordinance
would apply to special events.
The potential impacts to public health have been considered by many of the jurisdictions with
adopted ordinances. For example, the Environmental Impact Report (EIR) prepared for the City
of Glendale includes a discussion of this issue. The report states that, ". . . the health risks, if
any, from reusable bags can be minimized if the consumer takes appropriate steps, such as
washing and disinfecting the bags, using them only for groceries . ." and other precautions. The
draft model ordinance does provide for produce or product bags to continue to be offered for
meat, produce and any product that needs to be kept separate from other groceries. The
Glendale EIR also states that"A representative of the Los Angeles County Department of Public
Health has state that the public health risks of reusable bags are minimal."
In addition to the various issues regarding the ordinance, the TWG also discussed the need for
outreach and education about plastic bags, the problems they cause, and the benefits of
alternatives, such as reusable bags. They recommended that potential funding sources for
outreach and education be explored.
Staff has contacted other jurisdictions that have a plastic bag ordinance in place. Generally, the
feedback on the success of already adopted local plastic bag ordinances has been very
positive.
Staff requests that the Executive Committee authorize letters of support for SIB 270. Staff further
recommends that the Executive Committee approve the attached draft model ordinance. The
model ordinance would then be available for consideration by individual member agencies.
Pending action by the Executive Committee, CVAG would suspend further work on the
ordinance until the status of statewide legislation can be determined.
Fiscal Analysis: None at this time.
Attachments:
1. Draft Model Ordinance Relating to Single-Use Carryout Plastic Bags
2. Fact Sheet on SB 270
3. Letter from Palm Springs Disposal
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4. DRAFT
(As approved by the Energy & Environmental Resources Committee,
February 13, 2014)
ORDINANCE NO.
AN ORDINANCE OF THE CITY/COUNTY OF
r 1 AMENDING CHAPTER [INSERT
MUNICIPAL CODE SECTION GOVERNING HEALTH OR
ENVIRONMENT] RELATING TO SINGLE-USE CARRYOUT
PLASTIC BAGS AND PROHIBITING THE FREE DISTRIBUTION
OF RECYCLED PAPER BAGS, BY RETAIL ESTABLISHMENTS,
TO BE EFFECTIVE [INSERT DATE].
WHEREAS, about nineteen billion (19,000,000,000) single-use bags are used
annually in California but less than 5% are recycled; and
WHEREAS, about twenty-two million (22,000,000)a single-use carryout plastic
bags are distributed by retail establishments in the City each year; and
WHEREAS, most of these single-use carryout bags are made from plastic or
other material that does not readily decompose; and
WHEREAS, numerous studies have documented the prevalence of single-use
carryout plastic bags littering the environment and blocking storm drains, in the
Coachella Valley, single use plastic bags create a litter problem which is aggravated by
windy conditions here; and
WHEREAS, the City taxpayers must bear the brunt of clean up costs; and
WHEREAS, the City Council of the City of [CITY NAMEI is the
decision-making body for the approval and adoption of this Ordinance, and
WHEREAS, this ordinance requires stores that decide to make recycled paper
carryout bags available to their customers to pass-through the reasonable cost of
providing these bags,
WHEREAS, based on this analysis, the City has determined that a minimum
cost pass-through of$0.10 per paper bag would cover the reasonable cost to a store of
providing the paper bags to its customers; and
WHEREAS, over 90 jurisdictions in California have approved ordinances that
impose paper bag fees on the customers requesting these bags and these fees have
proven very effective at generating a major shift in consumer behavior toward the use
of reusable bags and significantly reducing bag consumption; and
This number is for the City of Palm Desert.This number would need to be calculated for each jurisdiction, based on
population.
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WHEREAS, the proceeds from the collection of the paper bag pass-through
would be retained by the retailer and this ordinance does not specify how the retailers
must expend the monies collected; and
WHEREAS, customers can avoid this cost pass-through by using reusable bags;
and
WHEREAS, no portion of the cost pass-through will be provided to the City and
consequently, the City will not receive any revenues from the retailers' collection of the
paper bag cost pass-through; and
WHEREAS, therefore, the cost pass-through is not a fee subject to Proposition
26; and
WHEREAS, a paper bag cost pass-through is an essential element of the
proposed ordinance as it is intended to provide a disincentive to customers to request
paper bags when shopping at regulated stores and to promote a shift towards the use
of reusable bags by City of rCITY NAMEI consumers; and
WHEREAS, the California Grocers Association, a non-profit trade association
representing over 500 retail member companies, in an October 24, 2013 letter to the
CVAG Executive Committee, has encouraged CVAG and its member jurisdictions to
commit to a regional effort and move forward with an approach to regulate single use
plastic bags that includes placing a charge on recyclable paper bags; and
WHEREAS, there are several alternatives to Single-Use Carryout Plastic Bags
readily available in the City, including reusable bags produced from sustainable
materials; and
WHEREAS, an important goal of the City's environmental program is to procure
and use sustainable products and services; and
WHEREAS, it is the City's desire to lead by example and whenever possible to
conserve resources, reduce the amount of greenhouse gas emissions and solid waste,
and to protect the public health and welfare including local wildlife, all of which increase
the quality of life for City of [CITY NAMEI residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF [CITY NAMEI , CALIFORNIA THAT THE FOLLOWING SECTION OF THE
MUNICIPAL CODE IS HEREBY AMENDED, AS SHOWN IN
EXHIBIT A:
SECTION 1. Chapter_ of Title _ of the [CITY NAMEI Municipal Code
is hereby amended by adding a new Section to be numbered and
entitled and to read as shown in Exhibit A, attached:
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SECTION 2. This ordinance shall become effective on the thirtieth (30) day
following passage.
SECTION 3. [CEQA explanation to be added here when that is determined.
Mitigated Negative Declaration should be sufficient]
SECTION 4. That the City Clerk of the City of [CITY NAMEI California, is
hereby directed to provide at City Hall and to publish a notice of this
ordinance with the attached Exhibit A in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Cf ITY
NAME], California. This ordinance shall be in full force and effect
thirty (30) days after its adoption.
ADOPTED THIS DAY OF
[MAYOR]
ATTEST:
[CITY CLERK]
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF )
I, [CITY CLERK], City Clerk of the City of California, do hereby
certify that Ordinance No. _ is a full, true, and correct copy, and was introduced at a
regular meeting of the City Council on , 2014, and
adopted at a regular meeting of the City Council held on 2014 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
[CITY CLERK]
CITY OF , CALIFORNIA
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EXHIBIT A
CHAPTER SECTION
USE OF SINGLE-USE CARRYOUT PLASTIC BAGS
SECTIONS:
Findings and Purpose
_ Definitions
Single-Use Carryout Plastic Bags Prohibited
Permitted Bags
Carryout Bag Regulations
Exempt Customers
Operative Date
_ Penalties and Enforcement
Severability
Findings and Purpose
A. The City Council of the City of [CITY NAME] finds and determines that the
City is committed to protecting the public health, safety, welfare, and
environment, and that in order to meet these goals, it is necessary for the City to
promote the public purposes served by this Chapter and adopt the following
regulations pursuant to these findings.
B. The City finds that ordinances limiting the use of Single-use Carryout Plastic
Bags have been proven to reduce the amount of pollution and improve quality of
life for the citizens of [CITY NAMEI
C. The City finds that, except in unusual circumstances, it is feasible and
reasonable for parties who provide Single-use Carryout Plastic Bags to easily
transition to paper bags and move to a model that charges for paper bag use by
consumers.
D. The City of [CITY NAMEI recognizes that plastic bags are a public
nuisance and affect public health and impact tourism and quality of life to both
residents and visitors in
Definitions
A. "Customer" means any Person obtaining goods from a Store.
B. "Food Bank" (Consider adding definition for food bank that clarifies that it is not a
store).
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C. "Nonprofit Charitable Reuses' means a charitable organization, as defined in
Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating
unit or division of the charitable organization, that reuses and recycles donated
goods or materials and receives more than fifty percent (50%) of its revenues
from the handling and sale of those donated goods or materials.
D. "Operator" means the person in control of, or having the responsibility for, the
operation of a Store, which may include, but not be limited to, the owner of the
Store.
E. "Paper Bag Cost Pass-Through" means the cost which must be collected by
retailers from their customers when providing a Recycled Paper Bag.
F. "Person" means any natural person, firm, corporation, partnership, or other
organization or group however organized.
G. "Pharmacy" means any retail store, where prescriptions, medications, controlled
or over the counter drugs, personal care products or health supplement goods or
vitamins are sold, but excluding any licensed pharmacy located within a hospital.
H. `Prepared Food" means foods or beverages which are prepared on the premises
by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require
no further preparation to be consumed. Prepared Food does not include any raw,
uncooked meat product or fruits or vegetables which are chopped, squeezed, or
mixed.
I. "Produce bag" or "product bag" means any bag without handles used exclusively
to carry produce, meats, or other food items to the point of sale inside a store or
to prevent such food items from coming into direct contact with other purchased
items.
J. "Public Eating Establishments" means a restaurant, take-out food establishment,
or any other business that receives ninety percent (90%) or more of its revenue
from the sale of Prepared Food to be eaten on or off its premises.
K. "Recycled Paper Bag" means a paper bag provided at the check stand, cash
register, point of sale, or other point of departure for the purpose of transporting
food or merchandise out of the establishment that contains no old growth fiber
and a minimum of forty percent (40%) post-consumer recycled content; is one
hundred percent (100%) recyclable; and has printed in a highly visible manner on
the outside of the bag the words "Reusable" and "Recyclable," the name and
location of the manufacturer, and the percentage of post-consumer recycled
content. The Recycled Paper Bag is capable of composting, consistent with the
timeline and specifications of the American Society of Testing and Material
(ASTM) Standard Specification for Compostable Plastics D6400, as published in
September 2004.
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L. "Reusable Bag" means a bag that has handles that is specifically designed and
manufactured for multiple reuse and meets all of the following requirements: (1)
is machine washable or is made of material that can be cleaned or disinfected;
(2) has a minimum lifetime of one hundred twenty-five (125) uses, which for
purposes of this subsection, means the capability of carrying a minimum of
twenty-two (22) pounds one hundred twenty-five (125) times over a distance of at
least one hundred seventy-five (175) feet; (3) if made of a plastic, it must be at
least two and one-quarter (2.25) mil thick; (4) does not contain lead, cadmium, or
any other heavy metal in toxic amounts, as defined by applicable State and
Federal standards and regulations for packaging or reusable bags.
M. "Single-Use Carryout Plastic Bag" means a bag other than a Reusable Bag
provided at the check stand, cash register, point of sale or other point of
departure for the purpose of transporting food or merchandise out of the
establishment. Single-Use Carryout Plastic Bags do not include bags without
handles provided to the Customer (1) to transport produce, bulk food, or meat
from a produce, bulk food, or meat department within a Store to the point of sale;
(2) to hold prescription medication dispensed from a pharmacy; or (3) to
segregate food or merchandise that could damage or contaminate other food or
merchandise when placed together in a Reusable Bag or Recycled Paper Bag.
N. "Store" means any of the following retail establishments located within the City
limits of the [City/County] of
(1) A full-line, self-service retail store with gross annual sales of two million
dollars ($2,000,000), or more, that sells a line of dry grocery, canned
goods, or nonfood items and some perishable items;
(2) A store of at least 10,000 square feet of retail space that sells any
perishable or non-perishable goods including, but not limited to clothing,
food, or personal items, and generates sales or use tax pursuant to the
Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5
(commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code); or
(3) A drug store, pharmacy, supermarket, grocery store, convenience food
store, foodmart, or other entity engaged in the retail sale of a limited line of
goods that includes milk, bread, soda, and snack foods, including those
stores with a Type 20 or 21 license issued by the Department of Alcoholic
Beverage Control; or
(4) A store of less than 10,000 square feet of retail space that sells any
perishable or non-perishable goods including, but not limited to, clothing,
food, or personal items, and generates sales or use tax pursuant to the
Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5
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(commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code).
(5) Store does not include Public Eating Establishments or Nonprofit
Charitable Reusers.
Single-Use Carryout Plastic Bags Prohibited
A. No Store shall provide to any customer a Single-Use Carryout Plastic Bag.
B. This prohibition applies to bags provided for the purpose of carrying away goods
and does not apply to produce bags or product bags.
Permitted Bags
All Stores shall provide or make available to a customer only Recyclable paper carryout
bags or reusable bags for the purpose of carrying away goods or other materials from
the point of sale, subject to the terms of this Chapter. Nothing in this Chapter prohibits
customers from using bags of any type that they bring to the Store themselves or from
carrying away goods that are not placed in a bag, in lieu of using bags provided by the
Store.
Carryout Bag Regulations
A. No Store, to include grocery store or pharmacy, shall provide a Single-Use
Carryout Plastic Bag to a customer, at the check stand, cash register, point of
sale, or other point of departure for the purpose of transporting food or
merchandise out of the establishment except as provided in this Section.
B. No person shall distribute a Single-Use Carryout Plastic Bag at any City facility,
City-managed concession, City-sponsored event, or City-permitted event unless
otherwise provided in this Section.
C. Single-use Carryout Plastic Bags may be distributed to customers by food
providers for the purpose of safeguarding health and safety during the
transportation of prepared take-out foods and liquids intended for consumption
away from the food provider's premises.
D. A Store shall make Recycled Paper Bags available to Customers for a minimum
charge of ten cents ($.10) per bag. The sale of each bag shall be separately
itemized on the sale receipt.
E. All Stores must keep records of the total number of Recycled Paper Bags
provided; the total amount of monies collected for providing Recycled Paper
Bags, and a summary of any efforts a Store has undertaken to promote the use
of reusable bags by customers in the prior calendar year. Such records must be
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made available for the City Manager, or his/her designee, to review at any time.
These records may be kept at the retailer's corporate office.
Exemptions
A. A Store may provide a Customer participating in the California Special
Supplemental Food Program for Women, Infants, and Children pursuant to
Article 2 (commencing with Section 123275) of Chapter 1 of Section 2 of Division
106 of the Health and Safety Code, and a Customer participating in the
Supplemental Food Program pursuant to Chapter 10 (commencing with Section
15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with
one (1) or more Recycled Paper Bags or Reusable Bags at no cost.
Operative Date
This Chapter shall become operative six (6) months after its effective date for Stores
defined in Subsections N(1) and N(2) of the Definitions Section. This Chapter shall
become operative twelve (12) months after its effective date for Stores defined in
Subsections N(3) and N(4) of the Definitions Section.
Penalties and Enforcement
A. The City Manager, or his/her designee, has primary responsibility for
enforcement of this Chapter. The City Manager, or his/her designee, is
authorized to promulgate regulations and take any and all other actions
reasonable and necessary to enforce this Chapter.
B. If the City Manager, or his/her designee, determines that a violation of this
Chapter has occurred, he/she will issue a written warning notice to the operator
of a Store that a violation has occurred and the potential penalties that will apply
for future violations.
C. Any Store that violates or fails to comply with any of the requirements of this
Chapter after a written warning notice has been issued for that violation shall be
guilty of an infraction.
D. All administrative civil fines shall be established and set forth by resolution of the
City Council. Established fines may be modified as appropriate by City resolution.
Severability
The City Council declares that, should any provision, section, paragraph, sentence or
word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby
adopted shall remain in full force and effect.
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SB 270 —PADILLA
Single-Use Bag Phase Out
to be amended
Plastics not only entangle marine life, they are also
ingested by marine life and birds. Most plastic
SB 270 would phase out single-use plastic bags in marine debris exists as small plastic particles due
California grocery stores, convenience stores, to excessive UV radiation exposure and
liquor stores, and pharmacies. subsequent photo-degradation. The Convention
on Biological Diversity reports a total of 663
species have been affected by plastic marine
Background pollution through entanglement or ingestion.
Each year in California, more than 13 billion The California Coastal Commission reports that
single-use plastic bags are handed out by retailers. "birds, fish and mammals often mistake plastic for
According to the United States Environmental food. Some birds even feed it to their young. With
Protection Agency, 88% of plastic bags and sacks plastic filling their stomachs, animals have a false
are not recycled. In California, only 3% are feeling of being full, and may die of starvation.
recycled, according to CalRecycle. Plastic bags Sea turtles mistake plastic bags for jellyfish, one of
cause litter, slow sorting and jam machinery at their favorite foods. Even grey whales have been
recycling centers costing California more than $25 found dead with plastic bags and sheeting in their
million dollars each year to collect and bury the stomachs."
plastic bag waste. According to a study
commissioned by the US Marine Debris The Scripps Institution of Oceanography at UC
Monitoring Program, plastic bags remain one of San Diego found evidence of plastic waste in more
the top items found consistently during annual than 9% of the stomachs of fish collected in the
beach cleanups. North Pacific Subtropical Gyre and estimate that
fish who reside in the intermediate ocean depths
Plastic bags are also harmful to the environment ingest 12,000-to 24,000 tons of plastic per year.
killing thousands of birds, turtles and other
species. Most plastics do not degrade. Although According to the United States Environmental
they represent only 2.2% of waste stream in Protection Agency, reducing the use of an item is
California, plastic waste is the predominate form one of the most effective ways to save our natural
of marine debris. Plastics are estimated to resources and protect the environment. To date,
compose 60-80% of all marine debris and 901/o of many local jurisdictions in California have enacted
all floating debris worldwide. ordinances. The ordinances vary with some
requiring a charge for paper carry-out bags and
others banning both single-use plastic and paper
FOR MORE INFORMATION—Contact Angela Manetti,Office of Senator Alex Padilla (916)651-4020
15
carryout bags. These ordinances have both ❑ authorize a store to make a recyclable paper
eliminated the costs associated with plastic bags as bag available for purchase for a minimum of
well as substantially reduced the volume and costs ten cents ($0.10).
associated with paper bags in communities.
specify standards and certification process for
For example, San Francisco, Los Angeles County, reusable grocery bags.
San Jose, and San Luis Obispo County are already
experiencing the benefits of reducing the use of J allow ordinances adopted prior to September 1,
plastic bags. After just one year of 2014 to continue to be enforced.
implementation of its bag ordinance, the City of
San Jose is reporting 50% cleaner creeks. Los -1 prohibit any local agency from enforcing an
Angeles County is reporting a 95% reduction of all ordinance related to single-use carryout bags
single-use bags distributed, including a 30% after January 1, 2015.
reduction of paper bags.
J make loans and grants available for single-use
• plastic bag manufacturers who transition their
manufacturing to reusable grocery bags
Section 42254 and 42257 of the Public Resources
Code requires large grocery stores to establish a J require as a condition of receiving a loan or
plastic bag recycling program and sunsets on grant that the manufacturer retain and retrain
January 1, 2020. existing employee for the manufacturing of
reusable grocery bags
Current California law is silent on the reduction of
single-use plastic bags.
This bill would:
C prohibit large grocery stores, on and after July
1, 2015, from providing a single-use carryout
bag (i.e., paper, plastic, or other material) to a
customer at the point-of-sale.
prohibit convenience and liquor stores, on and
after July 1, 2016, from providing a single-use
carryout bag (i.e., paper, plastic, or other
material)to a customer at the point-of-sale.
C authorize a store, on and after July 1, 2015, to
provide a reusable grocery bag (i.e., cloth or
durable plastic) to a customer, which may be
made available for purchase.
FOR MORE INFORMATION—Contact Angela Manetti,Office of Senator Alex Padilla (916)6514020
16
Palm Springs Disposal SOr iOCS 4690 East Mesquite Avenue
P O Box 2711
Palm Springs,CA 92263-2711
www4xdmWngedtsposM.com
Telephone:(760)327.1351
Fax:(760)323-5132
To: CVAG Executive Committee (c/o Katie Barrows)
The purpose of this letter is to inform the committee of the impact that plastic shopping
bags have on waste hauling and waste hauling equipment.
In our industry it is imperative that the communities we serve are kept free of litter,this means
that anything Is Inside the waste container before and during the time of collection stays in the
waste container. Because of the windy conditions here in the Coachella valley plastic bag
material can be considered a nuisance for waste haulers,loose materials such as plastic
shopping bags are light weight and can easily blow away in the slightest of breezes.
Occasionally we receive calls on loose material blowing out of waste containers during
collection and the culprit is usually plastic bag type material.
Palm Springs Disposal Services does not own or operate a MRF(Material Recovery Facility)
station so we cannot speak for them on the issue of plastic shopping bags but we do know that
because of how thin and light weight the plastic bag material is it will constantly jam the
moving parts of the sorting line machines,causing downtime.We also know that this material is
considered recyclable,although at this time has no value what so ever.
Sincerely,
Chris Cunningham
Palm Springs Disposal Services
[7!Y RECYCLED PAPER 17