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HomeMy WebLinkAboutItem 3.1 Resuable Bag Ordinance Expansion STAFF REPORT CITY CLERK File #810-60 CITY COUNCIL DATE:June 21, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Alameda County Waste Management Authority Reusable Bag Ordinance Expansion – Review of Draft Ordinance Prepared by Shannan Young, Environmental Coordinator EXECUTIVE SUMMARY: The Reusable Bag Ordinance adopted by the Alameda County Waste Management Authority (WMA) in 2012 (Ordinance 2012-2) applies to approximately 1,300 grocery, drug and liquor stores in Alameda County. The ordinance promotes source control by reducing litter and keeping plastic bags out of local waterways. Given the effectiveness of the current ordinance, the WMA Board directed staff to plan for an expansion of the reusable bag ordinance to include all retail stores and restaurants. At this meeting, Stopwaste staff will present the City Council with an overview of the draft ordinance, the current status, and next steps. FINANCIAL IMPACT: The WMA has indicated that member agencies are not expected to contribute to start-up costs. The program expenses would be funded by the WMA with support from the Alameda Countywide Clean Water Program (Clean Water Program). There is no impact to the General Fund. RECOMMENDATION: Staff recommends that the City Council receive the report. Submitted By Reviewed By Public Works Director Assistant City Manager DESCRIPTION: The Waste Management Authority Reusable Bag Ordinance (Ordinance 2012-2), which became effective on January 1, 2013, mandates that affected stores can only distribute compliant reusable bags or bags made of recycled paper. Affected stores must charge a minimum of 10 cents per bag and itemize the purchase on customer receipts. ITEM NO. 3.1 Page 1 of 3 The City Council approved Ordinance 2012 -2 on February 21, 2012 to codify Dublin's participation in the Reusable Bag Ordinance. The first Reusable Bag Ordinance also assisted the City in meeting full trash capture requirements mandated in the first Municipal Regional Stormwater NPDES Permit (MRP). MRP permittees, including the City of Dublin, were mandated to achieve a 40% trash load reduction by July 1, 2014. Participation in the ordinance has allowed the City to claim a 4% trash load reduction credit, which facilitated meeting the 40% trash load reduction mandate and is equivalent to a load reduction of 513 gallons of trash. The proposed expansion of the bag ban would further help the City of Dublin to meet the mandated 70% trash load reduction by July 1, 2017, and an 80% trash load reduction by July 1, 2019. Since implementation of Ordinance 2012 -2, available data shows that the ordinance has been effective in reducing the use of single -use plastic bags and increasing the use of reusable bags. Highlights of the data include the following: • Overall bag purchases by affected Alameda County retail stores have declined by 85% • The number of shoppers bringing a reusable bag, or not using a bag at all, has more than doubled • A 44% decrease in plastic bags found in Alameda County storm drains • Stores are participating with a compliance rate of 90% Based on these results, the WMA has made a finding that the ordinance has substantially reduced the environmental impacts of single use bags. In October 2014 the WMA Board asked WMA staff to plan for an expansion of the reusable bag ordinance to include all retail stores and restaurants. The proposed ordinance expansion changes were developed together with WMA legal counsel and the Technical Advisory Committee comprised of member agency staff. The proposed ordinance would include approximately 9,000 retail stores and 4,000 restaurants in Alameda County. In Dublin, there would be more than one hundred affected retail stores and restaurants. The amended ordinance is scheduled to be introduced to the WMA Board for a first reading on September 28, 2016. The attached draft ordinance was developed in advance to provide time for review and distribution to member agencies and their governing bodies. The following summarizes key changes of the ordinance expansion, including revised definitions, exemptions, and related details: Revised definitions: • Store: Any commercial establishment operating from a permanent enclosed structure that sells perishable or nonperishable goods including, but not limited to, clothing, food and personal items directly to a customer. • Public Eating Establishment: Any restaurant, take -out food establishment or other business including but not limited to food sales from vehicles or temporary facilities open to the public that receive 90% or more of its revenue from the sale of prepared and ready -to- consume foods and /or drinks to the public. Exemptions: • Produce /Product Bags: Bags that are integral to the packaging of the product, or bags without handles provided to the Customer (i) to transport bulk food or meat from a produce, bulk food or meat department within a Store to the point of sale, (ii) to hold prescription medication dispensed from a pharmacy, or (iii) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Content Paper Bag. Page 2 of 3 • Stores operating in a certified farmers' market registered in accordance with Section 47020 of the California Food and Agricultural Code. Public Eating Establishments are not required to charge customers if distributing recycled content paper bags, but must charge a minimum of 10 cents for a compliant reusable bag. Other Changes: • Recordkeeping requirements for stores regarding customer bag sales and store bag purchasing are removed. The WMA found that records provided by stores have been illegible and /or incomplete and therefore do not accurately capture performance metrics. The WMA will continue to collect their own data to track performance metrics. • Inspections will be compliance -based only. Opt -Out Provision Jurisdictions may choose to opt -out of the ordinance by December 9, 2016. Should City Council elect not to participate in the expanded Reusable Bag Ordinance, staff will bring this matter back with the appropriate resolution for City Council consideration and adoption. Timeline The timeline below indicates key actions taken since the WMA Board directed staff to investigate expanding the Reusable Bag Ordinance and outlines future steps: October 2014 WMA Board approved the process for expansion activities; directed staff to further develop budget and scope for potential expansion of the ordinance. March 2015 Alameda Countywide Clean Water Program committed $180,000 in funding support for expansion of the ordinance. July 2015 WMA committed additional funding and staff hours to conduct research and stakeholder activities relating to the ordinance expansion activities. March 2016 WMA approved the proposed reusable bag ordinance expansion language. May -July 2016 Draft language used to conduct CEQA/EIR amendment. September 2016 First reading of the amended ordinance and CEQA findings. October 2016 Second reading and consideration of adoption. November 2016 Outreach to public and stores (includes three direct mail — March 2017 letters to affected stores). December 2016 Any member agency opting out must do so via resolution by December 9, 2016. December 2016 Collect baseline data for pre- ordinance metrics (parking lot — March 2017 surveys, purchasing data, creek audits, etc.). May 2017 Ordinance effective for new retail stores. November 2017 Ordinance effective for all restaurants /eating establishments. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Proposed Expanded Reusable Bag Ordinance Page 3 of 3 0 1 ivlo kA' TE mu at horne o at oak at school April 15, 2016 stopAIR'Ste, is the Aia RE: Reusable Bag Ordinance - Expansion to include all retail stores and restaurants we�wa Agbonfy„ the Aharnedaa'yr:munty In December 2012, the Waste Management Authority (WMA) adopted the countywide Reusable Bag ,Sk.,urc�, R ducdon Ordinance 2012 -2. This law requires stores selling packaged food and liquor to charge a minimum of 10 ":r;r,C� cents per compliant paper or reusable bag at point of sale. The ordinance currently affects 1,300 stores Board, and the throughout the county. Since its adoption, the reusable bag ordinance has had dramatic results. Overall E,Erw�rg bag purchases by affected Alameda County retail stores have declined by 85 percent. The number of ^;drrg a»rri.rU pa.bficagency,. shoppers bringing a reusable bag to affected stores, or not using a bag at all, has more than doubled. Due to the effectiveness of the ordinance, the WMA Board requested that staff research potential expansion opportunities to include a larger set of stores. Mer, berAgerk6es— On March 23, 2016, the WMA Board directed staff to prepare formal amendments to expand the Reusable Bag Ordinance and distribute the ordinance language to member agency staff. Please take a moment to review the following attached items: Adzv •zed,,i Mxmy 1. Synopsis of Ordinance An overview of the Reusable Bag Ordinance that includes background data, requirements, effectiveness, and expansion next steps. [:ur. bhn Emer yville 2. Proposed Expanded Bag Ordinance The proposed changes were developed together with legal counsel and with input from member agency = rrri°nwi staff (via the Technical Advisory Committee). The proposed expanded ordinance will include all retail Fkay w^f d stores (an estimated 9,000 additional stores) and restaurants (estimated 4,000). The ordinance as Uvr,rnore amended is scheduled to be introduced to the WMA Board for 1st reading on September 28, 2016. This N,,,;,,,w.rlk language has been developed in advance in order to provide time for review and distribution to member Oakkmd agencies, and to allow for member agencies to present the item to their governing bodies if so desired. Pk,,Cfiwmf Agency staff is available to attend and /or provide presentations at city council and other meetings Plea sankq) regarding ordinance language (prior to September 2016). Please contact Meri Soil, Senior Program San U.�,,.,m pro Manager at 510/891 -6500 or rnsoll @stopwaste,org to schedule a presentation or for more information. Urron 0 y Sincerely, Oro t Loma ma a r aa! ar °y [:ra .iw!d Wendy Sommer Executive Director cc: ACWMA Board Member Technical Advisory Committee Member 15 37 �a l.A "rfar P. eel (.)ol,a wd (,:A D/I61 p 510 81'1k ..6500 1 510 893 ..230B +o��wa r E +�rw:yinr + r� warp; DRAFT 4114116 Proposed Expanded Reusable Bags Ordinance. This document shows how Alameda County Waste Management Authority Ordinance 2012 -2 would be amended if the Board approves expansion of its scope to include all stores and public eating establishments. ORDINANCE 2012 -2 AS AMENDED BY ORDINANCE 2016 -# (Scheduled for introduction September 28, 2016) ORDINANCE REGULATING THE USE OF CARRYOUT BAGS AND PROMOTING THE USE OF REUSABLE BAGS The Board of the Alameda County Waste Management Authority ( "Authority ") ordains as follows: SECTION 1 (Enactment) The Board of the Authority does hereby enact this Ordinance in full consisting of Section through Section 4410. SECTION 2 (Findings) (a) The purpose of this Ordinance is to reduce the use of single use carryout bags and promote the use of reusable bags at the point of sale in Alameda County. (b) The Authority has the power to enact this Ordinance pursuant to the Joint Exercise of Powers Agreement for Waste Management ( "JPA "). The JPA grants the Authority the power, duty, and responsibility to prepare, adopt, revise, amend, administer, enforce and implement the County Integrated Waste Management Plan (" COIWMP "), and pursuant to Section 5.m of the JPA, the power to adopt ordinances necessary to carry out the purposes of the JPA. (c) Reducing single use bag use is reasonably necessary to carry out the purposes of the JPA and implement the CoIWMP, including the following goals and policies. (d) Goal l of the CoIWMP is to promote environmental quality, ensure protection of public health and safety, and to minimize environmental impacts in all aspects of solid waste management. Policy 1.4.1 includes reduction of hard to recycle materials. (e) Goal 2 of the CoIWMP calls on the Authority and its member agencies to achieve maximum feasible waste reduction and to reduce the amount of waste disposed at landfills through improved management and conservation of resources. (f) Policy 2.1.1 adopts a waste management hierarchy that ranks management of waste through source reduction and then recycling and composting above landfill disposal. (g) Goal 7 of the CoIMWP is to Promote Inter jurisdictional Cooperation. Policy DRAFT 4114116 7.1.3 states that the Authority shall coordinate with other organizations as needed to fulfill its countywide role including coordinating on related issues such as water and litter. Objective 7.8 states that the Authority will coordinate and facilitate program implementation by individual or subregional groupings of member agencies. (h) Numerous studies have documented the prevalence of plastic carry -out bags littering the environment, blocking storm drains and fouling beaches. (i) Plastic bags are a substantial source of marine debris. (j) Plastic bags cause operational problems at County landfills and transfer stations and contribute to litter countywide. (k) Coalition to pr-affiate r-etisable bags eatifitywide for- sever-a! years. Despite these 0 (based an 2009 data) in Alameda Gatifi�y. Additionally, plastie bags eantiatie to Agency studies show that as a result of Ordinance 2012 -2, there has been a 44% decrease in _plastic bags found in Alameda County Storm drains and a 69% decrease in paper and plastic bags at point of sale, and the number of shoppers bringing a reusable bag to affected stores, or not using a bag at all, has more than doubled. (1) Member Agencies are required by the Municipal Regional Permit (MRPI for storm water to reduce trash by 70% by 2017 and 100% by 2022, with cities having the option to implement plastic bag bans to achieve these requirements. (m) There are several alternatives to single -use carry -out bags readily available. (n) Stedies deetiment that banning single tise plastie bags and ehar-ging fer- Single tise bags will ,a - .,.,,atieally edti e the single , e of both Hypes of b , s Despite the positive impacts of the existing ordinance, it is estimated that 62% of the projected 764 million bags distributed in Alameda County are distributed by currently affected stores. Further efforts are needed to decrease single -use checkout bags. (o) The Authority prepared the Mandatory Recycling and Single Use Bag Reduction Ordinances Environmental Impact Report, which considered two separate projects and included the environmental review required by the California Environmental Quality Act for this Ordinance. The Authority certified those portions of the EIR relevant to this Ordinance. [This section will describe the additional environmental review prepared for amending the reusable bag ordinance once the review is completedl. (p) This ordinance will be enforced using the principle of progressive enforcement with the objective of bringing the regulated community into compliance. Progressive enforcement measures shall be used in the following order in order to promote compliance: (i) official notification of non - compliance, (H) warning of an 2 DRAFT 4114116 impending administrative citation and related fine. (iiil issuance of an administrative citation and fine, and (iv) civil enforcement and /or criminal enforcement if warranted by the nature of the violation. SECTION 3 (Definitions) The definitions set forth in this Section shall govern the application and interpretation of this ordinance. (a) "Alameda County" means all of the territory located within the incorporated and unincorporated areas of Alameda County. (b) "Authority" means the Alameda County Waste Management Authority created by the Joint Exercise of Powers Agreement for Waste Management (JPA). (c) "Authority Representative" means any agent of the Authority designated by the Enforcement Official to implement this Ordinance, including Member Agency employees, or private contractors hired for purposes of monitoring and enforcement. (d) "Covered Jurisdiction" means a Member Agency of the JPA that has not opted out of coverage under Ordinance 2012 -02 or Ordinance 2016 -01 this Or-d nan pursuant to Section 9 of this Ordinance. "2012 Covered Jurisdiction" means a Member Agency. "2016 Covered Jurisdiction" means a Member Agency that has not opted out of coverage under Ordinance 2016 -01. (e) "Customer" means any Person obtaining goods from a Store. (f) "Enforcement Official" means the Executive Director of the Authority or his or her authorized designee. (g) "Executive Director' means the individual appointed by the Authority Board to act as head of staff and perform those duties specified by the Authority Rules of Procedure and by the Board. (h) "Member Agency" means a party to the JPA. Current member agencies are the County of Alameda, the Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City, and the Castro Valley and Oro Loma Sanitary Districts. The service areas for the purpose of Section 98 of this Ordinance are: (1) The legal boundaries of each of the 14 incorporated municipalities within Alameda County. (2) The unincorporated sections of the County. (i) "Nonprofit Charitable Reuse Organization" means a charitable organization recognized as having Section 501 (c)(3) status by the Internal Revenue Code of 1986, or a distinct DRAFT 4114116 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. (j) "Person" means an individual, firm, public or private corporation, limited liability company, partnership, industry or any other entity whatsoever. (k) "Postconsumer recycled material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process. (1) "Primary Enforcement Representative" is the chief executive of a Covered Jurisdiction or a qualified designee who will coordinate with the Authority regarding implementation of the Ordinance. A qualified designee shall have at least two years of municipal code enforcement experience or have undergone at least the level one municipal code compliance training program of the California Association of Code Enforcement Officers, or equivalent training program approved by the Enforcement Official. (m) "Produce/Product Bags" are bags that are integral to the packaging of the product, or bags without handles provided to the Customer (i) to transport produce, bulk food or meat from a produce, bulk food or meat department within Store to the point of sale, (ii) to hold prescription medication dispensed from a pharmacy, or (iii) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Content Paper Bag. (n) "Public Eating Establishment" means a restaurant, take -out food establishment or other business (including, but not limited to, food sales from vehicles or temporary facilities open to the publicl that receives 90% or more of its revenue from the sale of prepared and ready -to- consume foods and /or drinks to the public „re -paare ­ thee (o) "Recycled Content Paper Bag" means a paper bag provided by a Store to a Customer at the check stand, cash register, point of sale, or other location for the purpose of transporting food or merchandise out of the Store and that contains no oldgrowth fiber and a minimum of forty percent (40 %) postconsumer recycled material; is one hundred percent (100 %) recyclable and compostable, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; and has printed in a highly visible manner on the outside of the bag the words "Recyclable," the name and location of the manufacturer, and the percentage of Post- consumer recycled content. (p) "Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: 1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the M DRAFT 4114116 capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; 2) has a minimum volume of 15 liters; 3) is machine washable or is made from a material that can be cleaned or disinfected; 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; 5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and 6) if made of plastic, is a minimum of at least 2.25 mils thick. (q) "Single -Use Carryout Bag" means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale or other location for the purpose of transporting food or merchandise out of the Store. Single -Use Carryout Bags do not include Produce/Product Bags. hold pr-eser-iptiaa fnedieation dispensed fFafn a phafmaey, or- (iii) to segregate feed a mefehandise tha+ eetild damage er- eei4afflina+e ether- feed er- mefehandise When piffeed together- in a Reusable Bag or- Reeyeled Paper- Bag. (r) "Store" means any of the following stores located within Covered Jurisdictions: (1) Within 2012 Covered Jurisdictions a -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) Within 2012 Covered Jurisdictions a -A store of at least 10,000 square feet of retail space that 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) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or (3) Within 2012 Covered Jurisdictions a -A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of goods that include milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. 41 Within 2016 Covered Jurisdictions on and after May 1, 2017 the stores listed in sections 3(r)(1), (2) and (3) above and any other commercial establishment operating from a permanent enclosed structure that sells nerishable or nonperishable goods including, but not limited to, clothing, food and personal items directly to a customer: and (5) Within 2016 Covered Jurisdictions on and after November 1, 2017 any Public Eating Establishment. DRAFT 4114116 SECTION 4 (Carryout Bag Restrictions) (a) No Store shall provide a Single -Use Carryout Bag or Reusable Bag to a Customer at the check stand, cash register, point of sale or other location for the purpose of transporting food or merchandise out of the Store after- Tantiar- y 1, 2013 except as provided in this Section. (b) A Store may make available for sale to a Customer a Recycled Content Paper Bag or a Reusable Bag for a minimum price of ten cents ($0.10). (c) A Store that is a Public Eating Establishment may make available to a Customer a Recycled Content Paper Bag at no charge, or a Reusable Bag for minimum price of ten cents 00.101. make a-vailable for- sale to a Customer- a Reeyeled Paper- Bag or- a Reusable Bag fer- a Mi * . . ef �went-y five eents ($0.25). This r-est+ietien, hewever-, shall no apply if the n tAha -ity finds after- T.,,,, afy i 2014, at the Or-dinanee has aehieved its goal to substantially r-eduee the eavir-eaffiental impaets of the use a Single Use Car-fyettt Bags, in whiek ease the minimttm ten eents ($0. 10) per- bag wided in Seetion 4(b) shall apply. (d) No Store may make available for sale a Recycled Content Paper Bag or Reusable Bag unless the amount of the sale of the Recycled n n Paper Bag and Reusable Bag is separately itemized on the sales receipt. (e) A Store may provide a Reusable Bag at no charge if it is distributed as part of an infrequent and limited time promotion. An infrequent and limited time promotion shall not exceed a total of 90 days in any consecutive 12 month period. (f) A Store may provide free Reusable Bags or free Recycled Content Paper Bags at the point of sale to 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 Part 2 of Division 106 of the California Health and Safety Code; a Customer participating in Calfresh pursuant to Chanter 1 commencing with Section 189001 of Part 6 of Division 9 of the California Welfare and Institutions 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, as necessary to carry the items purchased at the Store by each such Customer. SECTION 5 (Permitted Bags) Nothing in this Ordinance 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. 0 DRAFT 4114116 SECTION 6 (Exemptions) This Ordinance does not apply to: (a) Single Use GaFfy at4 Vans Reusable Bags Produce /Product Bags dist44bt4ed pf:evider-'s (b) Single -Use Carryout Bags or Reusable Bags used by P„, lie ga+ n Establishments menu a Nonprofit Charitable Reuse Organizations. (c) Stores operating in a certified farmers' market registered in accordance with Section 47020 of the California Food and Agricultural Code. 1 . 1111112 ILMALMA'ALWALM SECTION 8.7 (Enforcement and Phasing) (a) Pre - enforcement Consultation. An enforcement action shall not be taken in any Covered Jurisdiction without written approval from the Primary Enforcement Representative of that Covered Jurisdiction. The Primary Enforcement Representative shall provide approval or disapproval of a proposed enforcement action in a timely manner. 7 . !�t!4!l!1 /l l!RS4ll> }lam Jl l!�1 :1:f lTD 1 . 1111112 ILMALMA'ALWALM SECTION 8.7 (Enforcement and Phasing) (a) Pre - enforcement Consultation. An enforcement action shall not be taken in any Covered Jurisdiction without written approval from the Primary Enforcement Representative of that Covered Jurisdiction. The Primary Enforcement Representative shall provide approval or disapproval of a proposed enforcement action in a timely manner. 7 DRAFT 4114116 (b) Administrative Enforcement. Violation of any provision of this Ordinance shall constitute grounds for assessment of a notice of violation and fine by an Authority Representative in accordance with Government Code § 53069.4 or as the code shall subsequently be amended or reorganized. Where an enforcement action is necessary to enforce this Ordinance, the Enforcement Official will typically issue a notice of violation as authorized in this subsection prior to taking the actions authorized pursuant to sections 78-(c) or 78.(d) of this Ordinance. A separate notice of violation and fine may be imposed for each day on which a violation occurs. The fine shall not exceed the amounts detailed for misdemeanors in Section 7 -9(d) of this Ordinance. The notice of violation shall list the specific violation and fine amount and describe how to pay the fine and how to request an administrative hearing to contest the notice of violation. The fine must be paid within 30 days of the notice of violation and must be deposited prior to any requested hearing. A hearing, by a hearing officer, will be held only if it is requested within 30 days of the notice of violation. Evidence may be presented at the hearing. If it is determined that no violation occurred, the amount of the fine shall be refunded within 30 days. The Authority shall serve the final order on the Person subject to the notice of violation by first class, overnight or certified mail. (c) Civil Action. Violation of any provision of this Ordinance may be enforced by a civil action including an action for injunctive relief. (d) Infractions and Misdemeanors. Violation of any provision of this Ordinance shall constitute a misdemeanor punishable by a fine not to exceed $500 for the first violation, a fine not to exceed $750 for the second violation within one year and a fine not to exceed $1000 for each additional violation within one year. Violation of any provision of this Ordinance may also be enforced as an infraction punishable by a fine not to exceed $100 for the first violation, a fine not to exceed $200 for the second violation within one year and a fine not to exceed $500 for each additional violation within one year. There shall be a separate offense for each day on which a violation occurs. (e) Authorized Representatives. Enforcement pursuant to this Ordinance may be undertaken by the Authority through its Executive Director, counsel, or any Authority Representative. In any enforcement action, the Authority shall be entitled to recover its attorneys' fees and costs from any Person who violates this Ordinance. Authority Representatives are authorized to conduct any inspections reasonably necessary to further the goals of this Ordinance, subject to applicable laws. (f) Phasjng. Notwithstanding the foregoing inspection and enforcement authorization Eiflfere °m °ifl* of this ,a:,,. nee the amendments to this ordinance adopted y Ordinance 2016 -01 shall be phased on the following schedule. Prior to januafy 1, , the date that a type of establishment will be considered a Store, those establishments gtefes will be notified and public education and outreach activities will take place. W., - ,,ings and eafa- °m°n* Enforcement actions will be taken as needed beginning November 1, 2017 for Stores described in Section 3(g)(4) and beginning May 1, 2018 for Stores described in Section 3(a)(5) antiar-y 3,2()13. DRAFT 4114116 SECTION 98 (Local Regulation and Opt -Out and Opt -In Provisions) (a) Local Regulation. Nothing in this Ordinance shall be construed to prohibit any Member Agency from enacting and enforcing ordinances and regulations regarding the distribution of Single -Use Carryout Bags and Reusable Bags, including more stringent requirements than those in this Ordinance. (b) Opt -Out Provision. Any Member Agency by a resolution of its governing body prior t0 Mar-eh 2, 2012 vase -to e� eltide its sreFvi6e - area "vc December 9, 2016 may choose to exclude its service area from the amendments to Ordinance 2012 -02 adopted by Ordinance 2016 -01 adopted September 28, 2016. (c) Opt -In Provision. Any Member Agency that chooses to exclude its service area may request of the Authority by a resolution of its governing board to be re- included in coverage of the Ordinance at any subsequent time. Such coverage under the Ordinance, however, shall not occur unless it is accepted in writing by the Enforcement Official or the Authority Board, and shall become effective only on the date specified in such written acceptance. Such acceptance shall not be unreasonably withheld or delayed. (d) Dispute Resolution. In the event of a dispute between the Authority and a Covered Jurisdiction regarding the implementation of this Ordinance, either party may request a meeting, in which case the Enforcement Official and the Primary Enforcement Representative for the Covered Jurisdiction (or other designee of the chief executive of the Covered Jurisdiction) shall meet to discuss implementation of the Ordinance. After such meeting, the parties may agree to enter into mediation to resolve any disputes between the parties related to implementation of the Ordinance. In addition, after meeting to seek to resolve any disputes between the parties and possible mediation, the Authority Board or the governing body of the Covered Jurisdiction, with at least 30 days public notice, may by resolution choose to exclude the service area of the Covered Jurisdiction from this Ordinance. SECTION 48 9 (Severability) If any provision of this Ordinance or its application to any situation is held to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 4410 (Notice and Verification) This Ordinance shall be posted at the Authority Office after its second reading by the Board for at least thirty (30) days and shall become effective thirty (30) days after the second reading. 0 775879.1 10 DRAFT 4114116 13ACIKGI11OUNID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reusable Bag Ordinance 2012 -2 went into effect January 2013 and applies to 1,300 grocery, drug and liquor stores in Alameda County that traditionally distribute a high volume of single -use bags. The ordinance promotes the use of reusable bags to prevent waste from happening in the first place, as well as reducing litter and keeping plastic bags out of local waterways. Ordinance Requirements As of January 1, 2013, affected stores can only distribute compliant reusable bags or bags made of recycled content paper and only if the store charges a minimum price of 10 cents per bag, itemized on the receipt. Ordinance Effectiveness Since implementation, the reusable bag ordinance has had dramatic results: • Overall bag purchases by affected Alameda County retail stores have declined by 85 percent. • The number of shoppers bringing a reusable bag, or not using a bag at all, has more than doubled. • A 44% decrease in plastic bags found in Alameda County Storm drains. • Stores are participating with a compliance rate of 90 %. Ordinance Expansion Given the effectiveness of the current ordinance, the Waste Management Authority (WMA) Board has directed staff to plan for an expansion of the reusable bag ordinance to include all retail stores and restaurants. The WMA is expected to vote on an amended ordinance at the first reading in September, 2016. If approved, an additional 13,000 stores and restaurants would be affected by the ordinance. 1' III M I1:. III,,,III Ilfif . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . January 2012 Reusable Bag Ordinance 2012 -2 adopted by WMA Board. The ordinance covers approximately 1300 stores that sell packaged food and liquor. Board stated it would consider possible expansion of the ordinance at a later time, once effectiveness of original ordinance was determined. January 2013 Ordinance became effective in all Alameda County jurisdictions. Single -use plastic bags no longer available at stores that sell milk, bread, soda, and snack foods as well and /or liquor. A minimum of 10 cents must be charged for each paper bag or reusable bag distributed at point of sale, itemized on receipt. September 2014 WMA Board finds that ordinance has achieved its goal to substantially reduce environmental impacts. October 2014 WMA Board approved process for expansion activities; directed staff to further develop budget and scope for potential expansion of the ordinance. WMA supported the need for buy in from all member agencies that participate in the current ordinance. March 2015 Alameda County Clean Water Program committed $180,000 in funding support for expansion of ordinance to a larger set of stores. July 2015 WMA committed additional funding and staff hours to conduct research and stakeholder outreach relating to ordinance expansion activities. December 2015 WMA Board directed staff to develop budget and draft ordinance language to expand to all retail stores (9,000 additional stores) and restaurants (4,000 public eating establishments), with a phase -in approach for restaurants. March 2016 WMA approved the proposed reusable bag ordinance expansion language. NANCIIf;: AMIIf;:NIIDM Revised definitions: Store: Any commercial establishment operating from a permanent enclosed structure that sells perishable or nonperishable goods including, but not limited to, clothing, food and personal items directly to a customer. (Intent: to capture all types of retail stores. Any place where you can walk into a "brick and mortar" store and purchase a tangible item is covered by the ordinance). Public Eating Establishment: Any restaurant, take -out food establishment or other business (including but not limited to food sales from vehicles or temporary facilities open to the public) that receive 90% or more of its revenue from the sale of prepared and ready -to- consume foods and /or drinks to the public. (Intent: to cover food trucks and vendors who distribute food in bags) Exemptions: Produce /Product Bags: bags that are integral to the packaging of the product, or bags without handles provided to the Customer (i) to transport produce, bulk food or meat from a produce, bulk food or meat department within a Store to the point of sale, (ii) to hold prescription medication dispensed from a pharmacy, or (iii) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Content Paper Bag. Stores operating in a certified farmers' market registered in accordance with Section 47020 of the California Food and Agricultural Code. (Only 20 CA certified markets operate in the county, and many use the produce bags without handles, which are already exempt) Public Eating Establishments are not required to charge customers if distributing recycled content paper bags, but must charge a minimum of 10 cents for a compliant reusable bag. Other Changes: Recordkeeping requirements for bag sales and purchasing are removed. Switch routine inspections to complaint -based inspection only. N lI::Y 1° S °1`11:f PS ....................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . April - July 2016 Staff available to attend or present (upon request) to member agency governing boards to provide overview of ordinance revisions. September 2016 Ordinance introduced and first reading by WMA Board, approval of EIR Addendum October 2016 Ordinance second reading and adoption by WMA Board. All member agencies automatically opted in. December 2016 Any member agency choosing to opt out must do so by a resolution of its governing body by December 9, 2016. May 2017 Ordinance effective for expanded retail stores. November 2017 Ordinance effective for all restaurants. Please contact Meri Soil at 510/891 -6500 or msoll @stopwaste to schedule a presentation or for more information.