CC SS 5-6-13 Single Use Bags EPSCouncil Study Session
Discussion and Direction on the Regulation of Single-Use Carryout Bags and EPS
Town of Los Gatos
May 6, 2013
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Good evening Mayor and Council.
My name is Christina Gilmore, Assistant to the Town Manager, with the Town Manager’s Office.
I am here this evening to present on the proposed regulation of single-use carry out bags and expanded polystyrene and to receive council direction on the regulation of these two items.
I’ll begin my presentation with a:
Brief background of this issue in Santa Clara County
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2. Provide an overview of Cities within the County who have adopted this regulation
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3. Review a draft recommendation of a proposed regulation for the Town of Los Gatos and;
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4. Close with possible next steps if the Council chooses to move forward with this regulation
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2009
Santa Clara County Recycling and Waste Reduction Commission (RWRC)
2011
Santa Clara County Cities Association supports RWRC recommendation
San Mateo County Environmental Impact Report (EIR) development of proposed model ordinance
The Town of Los Gatos and 23 cities in San Mateo and Santa Clara counties participate in the EIR
2012
Town of Los Gatos adopts Sustainability Plan
Solid Waste reduction category (SW-8) identifies adoption of ordinance to ban the use of plastic bags
2013
Pending State Legislation to regulate single-use bags
Background
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In 2009 the Santa Clara County Recycling and Waste Reduction Commission (RWRC) recommended that all jurisdictions within the County establish a single-use carryout bag ban
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In 2011 the Santa Clara County Cities Association supported the RWRC recommendation.
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In this same year, San Mateo County began an Environmental Impact Report to examine the potential impacts of regulating the use of plastic bags and to develop a proposed ordinance for
regional adoption.
The Town of Los Gatos and 23 cities in San Mateo & Santa Clara Counties participate in the EIR. The final EIR was approved in October 2012.
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2012- the Town of Los Gatos adopted a Sustainability Plan that identified the adoption of an ordinance to ban the use of plastic bags.
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2013-Pending State Legislation
Currently, there are two similar bills moving through the State Legislature that seeks a state-wide ban of plastic bags. They are:
AB 158 (Levine) & SB 405 (Padilla)
Both of these bills are currently being heard in committee for the FY 2013-14 Legislative session. Each bill seeks to prohibit
Stores with a specified amount of dollar sales or retail floor space from providing a single-use carryout bag to a customer
Stores would be required to provide recycled, compostable or reusable grocery bags to customers
Proposed January 1, 2015 implementation date, and;
After July 1, 2016, prohibitions would be imposed on convenience food stores, foodmarts, and certain other specified stores
Existing Single-Use Bag Ordinances
Santa Clara County Cities that have adopted or are considering adopting a single-use bag ordinance include:
Palo Alto
San Jose
Mountain View
Sunnyvale
Cupertino
Campbell
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Cities within Santa Clara County who have adopted a single-use bag ordinance include:
Palo Alto—Banned plastic bags in 2009. Will revise ordinance in 2013.
San Jose—Ordinance went into effect January 2012
Mountain View—Ordinance to go into effect April 22, 2013
Sunnyvale—Complete ordinance went into effect March 2013
Cupertino—Ordinance will take effect on October 1, 2013
Campbell—Ordinance going before the Council for adoption in Spring 2013
Single-Use Bag Ordinance Recommendation
Take effect on January 1, 2014
Prohibit free distribution of bags
Charge ten cents ($0.10) per paper bag until December 31, 2014
Increase to twenty-five cents ($0.25) after January 1, 2015
Supplemental Food Programs exempt
Provide protective plastic bags at no cost
The following recommendation for a proposed single-use bag ordinance is based upon the model ordinance approved within the San Mateo County EIR.
The provisions of this model ordinance includes:
Prohibit the free distribution of single-use carryout paper and plastic bags;
Require retail establishments to charge customers for recycled paper bags and reusable bags at the point of sale. The minimum charge would be ten cents ($0.10) per paper bag until December
31, 2014;
Increase the minimum charge to twenty-five cents ($0.25) per paper bag on or after January 1, 2015;
Exempt customers participating in Supplemental Food Programs from having to pay for carryout bags;
Allow retailers to provide protective plastic bags, without handles, intended to segregate produce, raw meat and prescription drugs, for their customers at no cost; and
Take effect on January 1, 2014.
Additional Issues/Notes on Ordinance Provisions
Sales Tax on Paper Bag Surcharges
The State Board of Equalization issued a special notice that sales tax does not apply to city and county paper bag surcharges, as the charge is imposed on the customer and not the retailer.
I have attached the notice for your review.
Reusable Bags Criteria
Bag made of cloth or other machine washable fabric that has handles;
Is capable of being washed so as to be cleaned and disinfected at least 100 times;
If made of plastic, is at least 2.25 millimeters thick and specifically designed and manufactured for multiple reuse;
Meets the standards of the California Toxics in Packaging Prevention Act (CA. Health & Safety Code 25214.26), as amended, or any successor legislation.
Recycled Paper Bags Criteria
Paper bags 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 must contain
no old growth fiber and a minimum of forty percent post-consumer recycled content;
Is 100% recyclable;
Has printed in 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.
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Next Steps
Public Outreach
Los Gatos Chamber of Commerce
Town’s website
Informational stakeholder meetings with retailers and residents
Return to Council in October/November 2013
Proposed Expanded Polystyrene (EPS) Ordinance
Recommendation in FY 2013/14 subsequent to the single-use bag ordinance implementation
Should the Town Council choose to move ahead with this proposed ordinance, staff would implement a public outreach plan that would involve:
The Los Gatos Chamber of Commerce
Information posted on the Town’s website
Informational stakeholder meetings with retailers and residents.
Staff would return to Council in October/November of this year for ordinance adoption.
Staff is also proposing to bring forward a recommendation to the Council to pursue an EPS ordinance subsequent to the adoption and implementation of a single-use carryout bag ordinance
sometime later in FY 13/14.
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Questions?
This concludes my presentation.
I am available for questions.
Thank you.
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