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HomeMy WebLinkAbout09/06/2011, SS 2 - STUDY SESSION-SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY DRAFT ORDINANCE ESTABLIS council M,,dnq Dam 9-6-2011 j acEnba 12Epol t immhnmm SSa CITY OF SAN LUIS OBISPO FROM: Carrie Mattingly, Utilities Director Prepared By: Gary Henderson, Water Division Manager SUBJECT: STUDY SESSION - SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY DRAFT ORDINANCE ESTABLISHING A WASTE REDUCTION AND REUSE PROGRAM FOR CARRYOUT BAGS RECOMMENDATION Receive a presentation from the Integrated Waste Management Authority (IWMA) on the proposed county-wide ordinance establishing a waste reduction and reuse program for carryout bags. DISCUSSION The IWMA is a joint powers authority established to oversee issues relative to county-wide solid waste management and reduction. The IWMA Board includes representatives from all of the local cities as well as the County Board of Supervisors. The City of San Luis Obispo's representative on the IWMA is Vice-Mayor John Ashbaugh; the alternate is Council Member Dan Carpenter. The draft ordinance, developed by the IWMA, would ban the use of single-use carryout bags (paper and plastic) for businesses as defined in the ordinance. The proposed ordinance has a two phase implementation. Phase One Phase Two Effective July 1 2012' Effective January` 1 .2013 _ Eliminate single use carryout bags (paper and Eliminate single use carryout bags (paper and plastic) from supermarkets (gross annual sales plastic) from pharmacies, convenience stores, above $2,000,000) and large stores (10,000+ farmers markets, charitable reuse stores and square feet)with pharmacies large retail stores Study Session The purposes of this study session are 1) to provide an opportunity for IWMA staff to present an overview of the proposed county-wide ordinance that would ban specific businesses from providing paper or plastic bags to customers, and 2) for Council to provide input to IWMA staff on the draft ordinance related to carryout bags. IWMA Manager Mr. Bill Worrell will provide a presentation to the Council relative to the proposed ordinance. SS2-1 V/ •\v WASTE REDUCTION AND REUSE PROGRAM FOR CARRYOUT BAGS Page 2 The IWMA is scheduled to have the first reading of the ordinance at its September 14, 2011 Board meeting. The final adoption is planned for the Board meeting scheduled for November 9, 2011. FISCAL IMPACT Relative to City government, there is no direct fiscal impact. However, a positive or negative fiscal impact may occur for entities that fall under the requirements of the proposed IWMA Ordinance. IWMA staff has indicated they have not calculated potential fiscal impacts of this action, but generally, through its outreach, has received a favorable response from businesses regarding this matter. ATTACHMENT 1. July 19, 2011 draft"Ordinance Establishing a Waste Reduction and Reuse Program for Carryout Bags". SS2-2 ATTACHMENT San Luis Obispo County Integrated Waste Management Authority ORDINANCE NO. AN ORDINANCE ESTABLISHING A WASTE REDUCTION AND REUSE PROGRAM FOR CARRYOUT BAGS The Board of Directors of the San Luis Obispo County,::Tntegi:ated Waste Management Authority ordains as follows: Section 1. General Provisions The San Luis Obispo County Integrated Waste Mat agement Authority (IWMA)fords and declares all of the following: (a)The purpose of this Ordinance is to enable tli'elW.-MA,a j61k:powers agency established pursuant to Government Code Section 6506'and empgNyered by its member jurisdictions,to exercise the membeis':`C:ommon pQyyers to act i2Ve".ttie inandafes imposed by the Integrated Waste Management Act'of 1989 (AB.939)on a re ianal basis,to enact a waste reduction and reuse pro gra r :[lacwill decrease`.afe use'ofsingle- scarryout bags. (b) The`purose of this ordizlance i§-t.&reduce the over 100 million single-use carryout bags currently used,in San Luis Obispo County:each year. (c)The purpose of this Ordinanpe;is to maintain and enhance natural resources by reducing the negative environmentsl;i"act of single-use carryout bags. (d)The purpose of this Ordinance is to protect the environment from the negative environmental impact of single-use carryout bags. Draft July 19,2011 Page 1 of 7 SS2-3 ATTACHMENT Section 2. Definitions For the purposes of this Ordinance,the following terms have the following meanings,unless the context clearly requires otherwise. (a)"Customer"means any person obtaining goods from a store. (b)"I WMA Region"means the geographic area that includes the unincorporated area of San Luis Obispo County,California and the seven incorporated.cities'within San Luis Obispo County. ! (c) "Store"means a retail establishment within San:4-U1S Obispo County that provides carryout bags to its customers as a result of the sale of a pioduct and that meets ai y:of the following requirement definitions: (1) A "Supermarket" whiclimeans a full-iine ,selfaervice retail store with gross annual sales of two million dollars ($2j00600), or more;iid..which sells a line of dry grocery, canned goods, or nonfood items and son a perisbWe jtems. (2) "Large Store,.. :Pharmacy":::means o.V&:10,000 squame feet of retail space that generates sales or use:taz pursuat.fo the Brad�. yB;zrns Unifori}i Local Sales and Use Tax Law (Part 1.5 (commencing with Sectio,'.i200)of Division 2 of the Revenue and Taxation Code)and has a Phar......erased pursuant W:&dpjet.;9.(comiriencing with Section 4000)of Division 2 of the Business and Professions C6de :;.. (3).;"Pharmacy"means any'retail store, where prescriptions,medications,controlled or over the count.:':drugs,personal jio.are prodii$ts or health supplement goods or vitamins are sold, but excluding any`licensed phartacy located within a hospital. (4) "Convenience Fd6&Store"means any 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. (5) "Farmers Markets"means vendors who set up booths,tables or stands,outdoors,to sell produce,meat products, fruits,prepared foods,beverages,and non-edibles. (6) "Nonprofit Charitable Reuse Store"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 Draft July 19,2011 Page 2 of 7 SS2-4 L ATTACHMENT of the charitable organization,that reuses and recycles donated goods or materials and received more than fifty percent(50%)of its revenues from the handling and sale of those donated goods or materials. (7) "Large Retail Establishment'means any commercial establishment with over 10,000 square feet of retail space that sells perishable or nonperishable goods including, but not limited to,clothing,food,and person items directly to the Customer. (d)"Single-Use Carryout Bag"means any bag made predo ri8fely of paper or plastic derived from either wood,petroleum or a biologically-based sp,4rd `sticb;as corn or other plant sources, which is provided to a customer at the point of sale;;bui does not'iciuded reusable bags,or product bags. (e)"Product Bag"means any bag without handled used exclusively to cradle and.car y (1) produce, bulk food or meat within a:store,to the poinf%of sale '(2)to hold prescription medication dispensed from a pharmacy;or(3)to segreg1to;food or merchandise that could damage or contaminate other food or merchandise when placed;together in`:'aReusable Bag. (f)"Reusable Bag"means a bag`%with handles'thaf i speciA"&Iy.;designed and manufactured for multiple reuse and meets all of the following rd#Vements: (1) has a minimum lifetime of 125 uses, which for::purposes of ttiis;s'I sb eon,means,'th capability of carrying a minimum of 22 pound$,;1.25;>tiines over 2'distanog;'.4f at leas"`l7$feet"(2)is machine washable or is made from a material 4.4a.t can be cleaned Qr disiinfated; and(3)if made of plastic or biologically based source,is a minimum of at least2.25 mils thick. Section 3. Store Responsibility (a) On and after July 1, 2012, stores as defined in Section 2 (c) (1)and(2)within the IWNM Region shall not provide a single-use carryout bag to a customer at the point of sale. Stores specified in these subsections, shall on and after July 1, 2012, provide for sale to customers reusable bags for the purpose of carrying away goods or other materials from the point of sale. Draft July 19,2011 Page 3 of 7 SS2-5 ATTACHMENT (b) On and after January 1, 2013, stores as defined in Section 2 (c) (3), (4), (5), (6)and(7) within the IWMA Region shall not provide a single-use carryout bag to a customer at the point of sale. Stores specified in this Section, shall on and after January 1, 2013,provide for sale to customers reusable bags for the purpose of carrying away goods or other materials from the point of sale. (c) Stores may reuse their cardboard boxes by providing them to;their customers for the purpose of carrying away goods. (d)Nothing in this Ordinance prohibits customers from..using bappf any type that they bring to the store themselves or from carrying away goods :.-at`are not placed;:..a bag. Section 4. Enforcement (a)The IWMA may enforce the provisi6hs'ofthi..Ordinance rough a civil action for civil penalties in the amounts established hereiu::and any`other civil remedy, including prohibitory and mandatory injunctiori'TeTief `fled in the'Superigr Courf.'0 he County of San Luis Obispo to compel and enforcetlie:pfovisions'-. rein againsf�riy retail establishment within San Luis Obispo County .n violation.Of.Ns SJ dipance. In"Wition to any relief available to IWMA to enforcealiis Orn nance the IWMA,shall als6:>?e;e.ti4led to recover reasonable attorneys' fees and cosfS,Jncurred in enfotcipg this':Qrdinance. (b)For any vibl.gion of this Ordinance, the IWMA may sue to recover civil penalties in the amount of$1,000 00;per day for every day on which a violation exists. For purposes of calculating the civil peualties:;toke established hereunder,each day on which the retailer fails to comply with the requiremerits'of this Ordinance,after having received a written notice of violation issued by the IWMA, shall constitute a separate offense. (c) In addition to the civil relief available to the IWMA set forth above, any violation of this Ordinance shall also constitute a misdemeanor punishable under the laws of the State of California. The District Attorney,the County Counsel, or any City Attorney shall be authorized to enforce the provisions of this Ordinance within their respective jurisdictions. In the event of Draft July 19,2011 Page 4 of 7 SS2-6 ATTACHMENT such criminal enforcement,the following criminal penalties apply to violations of this Ordinance: (1)Violation of Misdemeanor. Violations of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. (2)The San Luis Obispo County Sheriff's Department and/or any other police department or law enforcement agencies located within the IWMA's juri$'6 on may issue a Notice to Appear Citation for any misdemeanor pursuant to California Penal Code Section 853.6 for any violation of this Ordinance. i (3) Penalty for Misdemeanor. Any retailer found to be in violet on of any provision of this Ordinance,or who fails to comply with ariy... its requirements shall upon conviction thereof be punished by imprisonment in the county jail for'notmore ihan six months; 4,e fined not more than one thousand dollars ($1,gQ0.QQ), or both. 132CYtlay such violation continues shall be considered a separate offense. (d)To the extent that the'b-ourity,of San Luis;Obispo ft:incorpotdted cities, and the districts within said County l ave adopted'code enforcehle nance§:applicable to their jurisdictions, this Ordinance shall be enfozceable"iy said governmental entities under said Ordinances as land- use or code=enforcement violations consistenl:witfi laid Ordinances. Section 5. ''Severance Clause>. If any section,subseet'on.Bente ce, clause or phrase of this Ordinance is for any reason held to be unconstitutional, ineffectiveor in any manner in conflict with the laws of the United States,or the State of California, sucliAe, cision shall not affect the validity of the remaining portions of this Ordinance. The Governing Board of the IWMA hereby declares that it would have passed this Ordinance and each section, subsection,sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,clause or phrase be declared unconstitutional, ineffective, or in any manner in conflict with the laws of the United States or the State of California. Draft July 19,2011 Page 5 of 7 SS2-7 ATTACHMENT Section 6. Effect of Headings in Ordinance Title, division, part,chapter, article,and section headings contained herein do not in any manner affect the scope,meaning,or intent of the provisions of this Ordinance. This Ordinance was introduced and the title thereof read at the regular meeting of the IWMA Board of Directors on September 14,2011 and further reading.4.As waived by a majority vote of those Directors present. This Ordinance shall take effe-t l'&:bp:an full force on and after thirty (30)days from the date of its passage and before the:expiiation U.15 days from the date of its passage it shall be published once with the namgS of the members of!U,,. oard of Directors voting for and against the same, said publicatiori::to,be made in a newspapezof general circulation published in the County of San Luis Obispo, On a motion by Director , second by Director ,the foregoing0rdinaiice was passed.and adopted by the Board of Directors of the San Luis;Oliispo:County Iategrated.UJasteManagefnent Authority, on Month, day,year, by the following vote.` :;:: AYES: Direcfors, Directors, ABSENT:' ;•: <•. Directors, James Patterson, President of the San Luis Obispo County Integrated Waste Management Authority Draft July 19,2011 Page 6 of 7 SS2-8 ATTACHMENT ATTEST: Carolyn Goodrich, IWMA Board Secretary ORDINANCE CODE PROVISION APPROVED AS TO FORM AND CODIFICATION: RAYMOND A. BIERING IWMA Counsel Draft July 19,2011 Page 7 of 7 SS2-9 I v/, Think Outside the B SLO County Single-Use Bag Analysis O it CELLS Mk CHANGED www.thinkoutsidethebagslo.org _ Summary O gSY® r Total Bags used in SLO County each year 130,000,000 Total Cost to SLO County Businesses(and shoppers) S .. - 512001000.00 THE In-Direct Cost annual cost to each SLO household $ 50.65 Direct Cost for each household to buy 6 re-usable bags S 6.00 Best Case Scenario Recycling/Re-Use Rate 31% Costs of Single Use Bags in San Luis Obispo County Paper Plastic Total Percentage Split of Bags _ - 25% _ 75% 100% Number of Single Use Bags Used/Year 32,500,000 97,500,000 130,000,000 Cost/bag $ 0.07 $ 0.03 Cost/year $ . 2,275,000.00 .$ 2,925,000.00 S 5,20,000.00 Cost/household/year $ 22.16 $ 28.49 S 50.65 Cost/capita $ 8.44 $ 10.85 $ 20.00 Single Use Bag Recycling/Re-Use Scenarios in San Luis Obispo Paper Number of Bags Total Number of Paper Bags Consumed in SLO County/Year-_ 32,500,000 - Assume every SLO County household wrapped 10 gifts/year with paper bags assuming 1 paper bag/gift _(1,026,630) Assume 25%are recycled (8,125,000) t D Remaining paper bags as waste 23,348,370 Plastic Number of Bags Total Number of Plastic Bags Consumed in SLO County/Year 97,500,000 Assuming every house hold had one dog,used 1 plastics/week, every week of the year to pick up poop (5,338,476) Assuming everyhouse hold used 5 bags/week to line their trash cans (21,353,904) Assume 5%are,recycled _ (4 875 000) Remaining plastic bags as waste 65,932,620 AMMWAoa source Total number of Single use bags in SLO County/year 130,000,000 SLO IWMA Households In SLO County 102,663 http://auickfacts.mnsus.aov tfd/states/06106079.htmi SLO County Papulation 269,637 http://aulckfacts,census.govLgfd/states/06/06079 html Cost of typical paper grocery bag 5 0.07 SLO IWMA Cost of typical plastic grocery bag $ 0.03 hnp://w .unl"malplastic.com/prod/Grocery-Bpgs.phi) Cost of recycled reusable grocery bag $ 1.00 Albertson,Scholaris,etc SSU C<�a� Lvo►��-- 'VIRONMENT � e T -EPUBLIC EPI-Ccnter.1013 Monterey Street.Suite 207 San Luis Obispo,CA 93401 Phone:805-781-9932 • Fax:805-781-9384 San suis 06'spo COASTKEEPER® Jan Marx, Mayor City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 September 6, 2011 Dear Honorable Mayor Marx, On behalf of San Luis Obispo Coastkeeper and our 800 Central Coast members, I respectfully urge you to support the single-use bag ordinance as proposed by the San Luis Obispo County IWMA. Voluntary efforts to decrease single-use bag litter through outreach and recycling have been ineffective at managing this waste. We've seen this locally and nationwide. For example, the City of San Jose cancelled its bag recycling program after plastic bags jammed machinery and cost the jurisdiction over a million dollars in repairs. And just this month the City of Aspen, Colorado passed its plastic bag ordinance after educational efforts failed to be successful. In these tough economic times, this proposed Single-Use Bag ordinance would help lower cleanup and compliance costs for the City of San Luis Obispo taxpayers. Currently San Luis Obispo County uses 100 MILLION single-use per year. According to CalRecycle, only three percent of bags are actually recycled state-wide. The rest end up in landfills and as litter. The City of SLO, along with other municipalities statewide, spends more than $25 million each year to clean up plastic single-use bags from public places, storm drains, and in our waste stream. Specifically SLO City spent more than $114,000.00 of local SLO taxpayer dollars to comply with Stormwater Permit requirements and other standards to collect and remove trash in the City. For FY 2011- 2012t he City has budgeted an additional $124,000.00. In addition to the economic benefits of a plastic bag ban, there are countless environmental benefits. These include reduced use of natural resources for bag production, reduced wildlife fatalities from strangulation and suffocation, and improved 1>40PN-1 WgMEMBER 1:;,n Q6_,F„COASTTCEEPER'a Program of Environment in the Public Interest is a trademark and sen ice mark of WATERSCEEPER°Affiance,Inc.and is licensed for use herein. water quality. For all intents and purposes, plastic never biodegrades but slowly photo degrades. As it photo degrades, plastic film breaks into smaller and smaller pieces which attract surrounding toxins. When mistaken as a food source, these plastic particles form a progressively greater health risk of food chain contamination. Banning the "free" distribution of bags is widely considered an appropriate and practical legislative action that can protect our environment and save financial resources. Thank you for your leadership on this issue. Sincerely, �p^�A1'Y`'v►1 C� Shannon Diaz, En Intem MEM "en Luis 06ispo COASTKEEPER°a Program of Environment in the Public Interest is a trademark and service mark of WATERKEEPER*Alliance,Inc.and is licensed for use herein. O From: Tim James rmailto:tiames@CAGrocers.coml Sent:Tuesday, September 06, 20119:41 AM To: Marx, Jan; Ashbaugh, John; Carter, Andrew; Smith, Kathy; Carpenter, Dan Cc: Lichtig, Katie; Codron, Michael; Bill Worrell Subject: Carryout Bag Regulation -Agenda Item 2, September 6, 2011 Meeting Importance: High Dear Councilmembers, On behalf of the California Grocers Association, I encourage the City of San Luis Obispo to continue to be engaged with the regional process to regulate carryout bags. It is important for consumers, business, and the environment to be provided the consistency and predictability of regulation crossing municipal boundaries. CGA is encouraging the City of San Luis Obispo and the San Louis Obispo Integrated Waste.Management Authority to look at models which allow consumers choice and do not burden business, while still meeting environmental goals. Ordinances which have been passed which meet this standard include the County of Los Angeles, City of San Jose, and County of Marin. I have attached a copy of our letter to the SLOIWMA describing our position in-depth. Please contact me with any questions or for additional information.Thank You.Tim Timothy James Manager, Local Government Relations RED FILE California Grocers Association 1215 K Street,#700 MEETING AGENDA Sacramento, CA 95814 DATE ITEM # Ssa Phone: 916-448-3545 Cell: 916-832-6149 PRIVILEGED& CONFIDENTIAL: This communication, including attachments, is for the exclusive use of addressee and may contain proprietary,confidential and/or privileged information. If you are not the intended recipient,any use, copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient notify the sender immediately by return e-mail, delete this communication and destroy all copies. hard co email: G ODUNCIL O CDD DIIt c CRY MOR o FITDIR O ASST CM O FIRICHIEF o ATTORNEY o PWDIR o CLERFARIO a POLICE CHIEF o PIE o PARKS&RECDUt o TRIBUNE o UTILMR o NEWTUES o HRDIR o SWCRYNEWS o COUNCR, o CITY MOR o CLERK I 4 August 9,2011 0"I rotes 33xe1 no$ The Honorable Jim Patterson President, San Luis Obispo County Integrated Waste Management Authority 870 Osos Street San Luis Obispo, CA 93401 RE: Ordinance Establishing a Waste Reduction and Reuse Program For Carryout Bags Dear President Patterson, On behalf of the California Grocers Association(CGA),I respectfully ask the Authority to not pass the July 19,2011 Draft Ordinance unless specific amendments are incorporated. CGA does appreciate and supports the regional approach to encouraging reusable bag use. We are concerned the ordinance does not provide consumers enough options to transport their purchased goods. The California Grocers Association is a non-profit,statewide trade association representing the food industry since 1898. CGA represents approximately 500 retail member companies operating over 6,000 food stores in California and Nevada,and approximately 300 grocery supplier companies.Retail membership includes chain and independent supermarkets,convenience stores and mass merchandisers. CGA members include a significant number of grocery companies operating in San Luis Obispo County. A unified regional approach to carryout bag regulations provides retailers regulatory consistency and eliminates jurisdictional disadvantages. The county-wide ordinance approach also creates greater predictability for consumers and provides the greatest amount of environmental gain. CGA encourages San Luis Obispo jurisdictions to continue to work cooperatively when considering carryout bag regulations. CGA is concerned the July 19,2011. Draft Ordinance does not allow consumers the option to receive carryout bags at the point-of-sale, specifically a recyclable paper carryout bag. Several California jurisdictions that have regulated single-use bags have made receiving a recyclable paper bag for a charge at the point-of-sale an option,including the County of Los Angeles and the City of San Jose.Allowing recyclable paper bags as an option at checkout accommodates consumers rejecting the no-cost options of bringing their own reusable bag or using no carryout bag at all. Under the July 19,2011 Draft Ordinance a consumer rejecting no-cost options to transport their purchases would only have the choice of purchasing a new reusable bag,which costs an average of$1.00. Ordinances which allow the option to receive a recyclable paper bag for a charge have set the per bag charge between 5-cents to 25-cents with the average being 10-cents.The ability to acquire a recyclable paper bag at the point-of-sale allows a consumer a less costly option if they choose to pay. CALIFORNIA GROCERS ASSOCIATION 1 1215 K Street,Suite 700 1 Socromento,CA 958143946 I Tz 916.448.3545 1 Fs 916.448.2793 I www ngwe� The Honorable Jim Patterson August 9,2011 Page 2 CGA is aware of claims that allowing recyclablepaper bags for charge as an option at the point-of-sale will result in dramatic cost increases for consumers,especially for low-income individuals. The experience with carryout bag regualtions in California,the United States,and internationally has shown the exact opposite. Consumers have overwhelmingly adopted no-cost options,using reusable bags or no bag at all,at rates ranging from 70%to over 90%. It is important to note that every ordinance in California allowing recyclable paper bags does not apply the charge to participants in the California Special Supplement Food Program for Women, Infants,and Children,also Imown as WIC,and the Supplemental Nutrition Assistance Program,commonly referred to as food stamps. Jurisdictions in California that have included an option to receive a recyclable paper bag at the point-of- sale for a charge have found the inclusion creates no significant environmental impacts. Paper carryout bags are highly recyclable and accepted in residential curbside recycling. Coupled with the amount of consumers choosing not to pay to receive a recyclable paper carryout bag the goals of reducing resource use,controlling waste disposal,and eliminating litter and marine debris are met. CGA believes it is clear the option to receive a recyclable paper at the point-of-sale for charge must be included in ordinance.Allowing recyclable paper bags as an option provides consumers a choice without mandating any costs or jeopardizing environmental goals. From a retailer perspective it is an additional opportunity to help our customers transport their purchased goods. Unfortunately, CGA is opposed to the July 19,2011 Draft"Ordinance Establishing a Waste Reduction and Reuse Program for Carryout Bags."If amended to allow consumers the option to receive a recyclable paper bag for a charge at the point-of-sale CGA would reassess its position.Please consider us a partner as the Authority continues to discuss the ordinance and carryout bag regulation. Sincerely, T MOTHY M.J Manager,Local em Relations cc: Members,San Luis Obispo County Integrated Waste Management Authority Mr. William Worrell,Manager, San Luis Obispo County.Integrated Waste Management Authority