HomeMy WebLinkAbout3.1 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
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April 15, 2016
stopAIR'Ste, is
the Aia
RE: Reusable Bag Ordinance - Expansion to include all retail stores and restaurants
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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
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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
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bag purchases by affected Alameda County retail stores have declined by 85 percent. The number of
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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(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.
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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.
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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
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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
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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.