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HomeMy WebLinkAbout8.3 Safe Takeout Food Pkg~t~"~ -~-~ i ~~:~ CITY CLERK F~~e # ^~^~ ^o -C7~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 5, 2009 SUBJECT: Approve Letters of Support for AB1358 (Hill) -Safe & Sustainable Takeout Food Packaging Act; AB68 (Brownley) and AB87 (Davis) -Fee for Single-Use Bags Report Prepared by: Mark Lander, Ciry Engineer ATTACHMENTS: 1. AB1358, AB68, AB87 Fact Sheets 2. Draft Letters of Support RECOMMENDATION: Accept the report, and authorize the Mayor to sign letters of support to Assemblymember Jerry Hill (AB1358), Assemblymember Julia CJ' Brownley (AB68), Assemblymember Mike Davis (AB87), and to ~~~J '"' Assemblymember Mary Hayashi (all three bills). FINANCIAL STATEMENT: Adoption of these bills may result in future cost savings to the City as a result of reduced polystyrene food container and plastic or paper bag debris that must be removed from the City's stormwater system, as well as reduced trash abatement requirements under the upcoming Municipal Stormwater Permit. Also, the City would receive a portion of the fees collected for single-use bags, which could be used to offset existing street sweeping costs or new costs for trash abatement that will be required under the new Municipal Regional Permit for stormwater. DESCRIPTION: Assembly Bill 1358, by Assembly Member Jerry Hill, would ban the use of polystyrene take-out food containers within the State of California. Assembly Bill 68, by Assembly Member Julia Brownley, and Assembly Bill 87, by Assembly Member Mike Davis, would require a 25 cent fee per bag for single use bags from grocery and retail stores. Fact sheets on each piece of legislation have been included (see Attachment 1). All three bills are attempts to reduce litter and debris from unrecycled and discarded containers and bags. In addition, the fees collected for single-use bags would be distributed to local government on a per capita basis for use in trash abatement efforts. AB68 and AB87 will likely be merged into a single bill. COPY TO: Jim Scanlin, Alameda County Clean Water Program Page 1 of 2 ITEM NO. G: INPDESIAB1358-AB68-AB87-Plastic Bag Ban-Bag SurchargelAgst AB1358-AB68-AB87, May S, 2009.doc ,~~ ]` ~'' rl The City of Dublin, along with other municipalities, will be required to implement new trash abatement programs under the Municipal Regional Permit for stormwater, which is anticipated to be adopted by the San Francisco Bay Regional Water Quality Control Board (Regional Board) in mid-2009. The draft permit requires enhanced trash and litter cleanup and retrofitting of structural trash controls in storm drainage systems. Permittees are attempting to negotiate less rigid permit requirements based on the actual trash problems in each jurisdiction and the success of current local trash abatement efforts. Under the single-use bag bills, a portion of the 25 cent fee charged per bag would remain at the store (5 to 10 cents per bag). This would compensate the store for its cost of purchasing the bag, and also for continuing collection and recycling programs at the store. Since the store would be compensated for any continued bag use, the store could roll back the price of goods by this amount (since the cost of providing bags is currently embedded in the total sales price). Customers who provide their own bags would not subsidize continued single-bag use by other customers and might see a nominal reduction in prices for their efforts. Approval of these bills could help municipalities in two ways. First, decreased use of polystyrene containers and single use bags could likely result in decreased litter, and proportionately less costly trash abatement programs at the local level. Secondly, the bills would generate funds for trash abatement programs that will be required under the new stormwater permit. It is hoped that progress in reducing and cleaning up litter will demonstrate to the Regional Board that even more stringent trash control measures are unnecessary in future permits. Staff has prepared letters of supports for AB1358 (Hill), AB68 (Brownley), and AB87 (Davis), which have been included as Attachment 2. RECOMMENDATION: Accept the report, and authorize the Mayor to sign the letters of support to Assemblymember Jerry Hill (AB1358), Assemblymember Julia Brownley (AB68), Assemblymember Mike Davis (AB87), and to Assemblymember Mary Hayashi (all three bills). Page 2 of 2 i~ F© _, ~ "'~~ r ~. t :. E ~ ~,-~ ,.., Support AB 1358 [Assembly members Hill, Nava] Safe & Sustainable Takeout Food Packaging Act The Problem: Polystyrene foam (PS), (commonly known as Styrofoam®~ is pervasive in the environment, is extremely damaging throughout its lifecycle, and is rarely recycled. Workers in polystyrene products manufacturing are exposed to many harmful chemicals, including Styrene, Toluene, Xylene, Acetone, Methyl Chloride, and Methyl Ketone. Occupational exposure to Styrene increases risk of lymphoma, leukemia, lung tumors, pancreatic cancer, urinary bladder cancer, prostate cancer, and colorectal cancer. High rates of neurotoxicological effects have been reported in workers. Public health is impacted by the use of polystyrene food containers. Styrene can migrate from polystyrene containers into food and beverages when heated, or in contact with fatty or acidic foods. Styrene residues are found in 100% of all samples of human fat tissue. The Environment is inundated with polystyrene. Plastics comprise 90 percent of floating marine debris. A study of beach debris at 43 sites along the Orange County coast found PS was the second most abundant form of beach debris. Because it is lightweight and floats, PS is easily swept from streets and through storm drains out to the ocean. In the environment, the containers break down into smaller and smaller pieces and are easily mistaken for food by marine animals. PS food containers cannot be recycled, and other types of PS packaging (shipping materials) are rarely recycled. Local jurisdictions spend millions cleaning litter. Caltrans spends approximately $60 million a year to remove litter and debris from roadsides and highways, The County of Los Angeles (L.A.) spends $18 million annually on litter cleanup and education. Since 2001, Southern California cities have spent in excess of $1.7 billion cleaning trash out of storm drain systems leading to the L.A. River and Ballona Creek in order to comply with stormwater regulations. The Solution: AB 1358 will support a switch to safer and more sustainable take-out food packaging choices. It will ban the use of polystyrene foam food packaging in California, following the lead of at least 20 CA cities and counties that have already enacted bans. This is a proven remedy to a pervasive and expensive local problem requiring that its use be replaced with sustainable alternatives. For example, two years after passage of the San Francisco ordinance that prohibits the use of PS foodware, San Francisco's annual litter audit showed a 36% decrease i n PS litter. Support AB 1358! ~_5 ~~ ~, ~ For additional information, please contact Miriam Gordon at (415) 369-9160x310 or Lori Chen at (916) 214-2683 AiiAL~YBIf /. Comparison of Plastic Bag Bills 2009 Item Current Law AB 1141 (Calderon) SB 531(DeSaulnier) AB 87 (Davis) AB 68 (Brownley) (AB 2449) Bags covered Plastic only Plastic, paper and all other Paper and plastic ALL single-use bags: ALL single-use bags: (excludes plastic bags types of bags (excludes (excludes plastic bags plastic, paper, and plastic, paper, and that are 2.25 mils plastic bags that are 1.1 that are 2.25 mils thick compostable plastic compostable plastic thick w/handles) mils thick w/handles) w/handles) (exempts produce bags) (exempts produce bags) Impacted stores Supermarkets & large Supermarkets & large Supermarkets & large Supermarkets/large retail Supermarkets/large retail retail stores with a retail stores with a retail stores with a stores & chain stores & chain pharmacy pharmacy pharmacy convenience stores convenience stores Manufacturers Manufacturers Requires manufacturers & All manufacturers and N/A N/A impacted develop and make other 3`d parties to make distributors of carryout available educational arrangements with stores bags. materials on recycling for collection and recycling. Implementation July 1, 2007 July 1, 2011 July 1, 2011; July 1, 2010 July 1, 2010 date preemption starts Jan 1, 2009 State administering CIWMB CIWMB CIWMB CIWMB CIWMB agency Recycling None 50% by 2014 using 2010 None None None benchmarks as initial baseline. There is no trigger for action if goal is not met. Sunset Date Jan 1, 2013 Extends sunset of AB 2449 Jan 1, 2018 Repeals sunset date of None to Jan 1, 2017. AB 2449 Fee Level N/A Bag manufacturers or Bag suppliers pay Point of sale fee of $0.25 Point of sale fee of $0.25 distributors pay fee of $0.001 per bag per bag. Fee is optional if per bag. Fee is optional if unspecified amount customers bring their customers bring their own own bag. bag. Exemptions N/A N/A N/A WIC/food stamp WIC/food stamp ~_ G Bag Labeling "Please return to participating store for recycling" "This bag is made from _ percent recycled material of which _ percent is post consumer." Phase-in of all plastic carryout bags to be made acertain % of postconsumer recycled content by 2011, 2013 and 2014. None ~ N/A N/A Grant eligibility N/A All cities and counties Cities, special districts, All cities and counties All cities and counties nonprofits, CA Conservation Corps and private entities. Communities with high levels of carryout bag litter may receive additional funding consideration. Fund Distribution N/A No more than 5% for No more than 5% for Stores retain 5 cents for Stores retain 5 cents for admin costs. Shall not admin costs. every plastic and every plastic and exceed $25 million compostable plastic bag / compostable plastic bag / annually in total Remainder deposited in 7cents for every paper 10 cents for every paper administrative costs to "Single-Use Carryout bag bag state. Amount to Bag Responsibility Fund" CIWMB for admin costs No more than 3% to 3% of revenue for admin for grant program Minimum allocations of CIWMB for admin costs. costs to BOE; and determined by legislature. $250K for small cities 3%admin costs to CIWMB- and counties. All No more than 5% shall be for grant program Remainder of funds remaining grants used by CIWMB for state allocated to cities and distributed on programs for litter 14% to state agency- counties on per capita competitive basis. prevention and cleanup. administered programs. basis. Remainder of funds 80% back to local distributed to counties governments on a per and cities on per capita capita basis. basis. ~_ Use of Funds for N/A Litter cleanup, litter Litter abatement, Litter cleanup, source Litter cleanup, litter Local Programs education and outreach, cleanup, recycling reduction and recycling, prevention, stormwater stormwater mitigation equipment, stormwater stormwater pollution pollution cleanup, projects, public education mitigation projects, cleanup, reusable bag reusable bag giveaway for recycling, reusable bag public education of at- giveaway programs. programs. giveaway programs. store recycling program (AB 2449). Use of Funds for N/A Authorizes CIWMB to Authorizes CIWMB to CIWMB, in partnership CIWMB, in partnership State-Administered develop "voluntary best develop "voluntary best with Cal EPA, State Water with OPC, State Water Programs practices" program to train cashiers and practices" program to train cashiers and Board, DTSC, will develop and implement programs Board, DTSC, will develop and implement programs baggers; establish baggers, recycling bins related to pollution related to pollution advisory panel of bag at stores, and an prevention, water quality prevention, water quality manufacturers, recyclers, Internet website. protection and cleanup, protection and cleanup, waste haulers, nonprofits, ~ green chemistry, and green chemistry and etc. public education and green product design, and outreach programs. public education and outreach programs. Local Preemption Fee: Preempts local Fee: Preempts local Fee: Preempts local Fee: Local governments Fee: Local governments governments from governments from governments from cannot charge a fee more cannot charge a fee more imposing fees on imposing fees on ALL imposing fees on ALL than 25 cents. than 25 cents. plastic bags; does not carryout bags. carryout bags unless preempt fees on ordinance was adopted Bans: No preemption on Bans: No preemption on paper bags Bans: Preempts local prior to Jan 1, 2009. bans for single-use bags. bans for single-use bags. governments from Allows municipalities Allows municipalities Bans: No preemption banning ALL single use Bans: Preempts local with bans on plastic to with bans on plastic to be on bans for single-use carryout bags. governments from be eligible for grant eligible for grant funds if bags. prohibiting carryout funds if they are they are collecting fees bags unless ordinance collecting fees on other on other bags. adopted Jan 1. 2009. bags. All municipalities must repeal such ordinances by tan 1, 2009 to be eligible for funds. O 510 DRAFT May 6, 2009 The Honorable Jerry Hill California State Assembly, District 19 State Capitol Building, Room 4146 Sacramento, CA 95814 Dear Assemblymember Hill: RE: AB 1358 (Hill), Safe and Sustainable Takeout Food Packaging Act -Support The City of Dublin is pleased to support your measure, Assembly Bill (AB) 1358. AB 1358 will ban the use of polystyrene take-out food containers. By reducing the number of containers that end up in the environment, the State and municipalities will save millions of dollars every year in pollution cleanup costs. Without the passage of this type of measure, municipalities will be forced to expend huge sums of taxpayer dollars to clean up the litter caused by polystyrene food containers. Given the current financial constraints facing local government, the City cannot afford to be saddled with this burden. By eliminating polystyrene food containers from the waste stream and the environment, AB 1358 will be of great benefit to municipalities and taxpayers. For these reasons, the City of Dublin is pleased to support Assembly Bill 1358. Sincerely, Tim Sbranti, Mayor cc: Assemblymember Mary Hayashi Bruce Wolfe, Executive Officer, SFBRWQCB David Lewis, Executive Director, Save the Bay Lori Chen, Legislative Liaison, Clean Water Action Jim Scanlin, Alameda Countywide Clean Water Program City Council Joni Pattillo, City Manager Chris Foss, Assistant City Manager Melissa Morton, Public Works Director Mark Lander, City Engineer G:\NPDES\AB1358-AB68-A687-Plastic Bag Ban-Bag SurchargeWB1358 Container Ban Support Letter Hill, 5-06-09.doc AiiA«BII 2~. ~~~o May 6, 2009 The Honorable Julia Brownley California State Assembly, District 41 State Capitol Building, Room 2163 Sacramento, CA 95814 Dear Assemblymember Brownley: RE: AB 68 (Brownley), Solid Waste: Single-Use Carryout Bags -Support The City of Dublin is pleased to support your measure, Assembly Bill (AB) 68. AB 68 will effectively deter the use of single-use bags by charging a Statewide fee for single- use plastic and paper bags beginning in 2010. Revenue generated from the fee will be used for trash abatement and litter prevention related to single-use bags. By reducing the number of bags that end up in the environment, the State and municipalities will save millions of dollars every year in pollution cleanup costs. Without the passage of this type of measure, municipalities will be forced to expend huge sums of taxpayer dollars to clean up the litter caused by the distribution of single-use carryout bags. Given the current financial constraints facing local government, we cannot afford to be saddled with this burden. By both reducing the amount of bags generated and providing funds to address remaining trash problems, AB 68 will be of great benefit to our municipalities and taxpayers. For these reasons, the City of Dublin is pleased to support Assembly Bill 68. Sincerely, Tim Sbranti, Mayor cc: Assemblymember Mary Hayashi Bruce Wolfe, Executive Officer, SFBRWQCB David Lewis, Executive Director, Save the Bay Lori Chen, Legislative Liaison, Clean Water Action Jim Scanlin, Alameda Countywide Clean Water Program City Council Joni Pattillo, City Manager Chris Foss, Assistant City Manager Melissa Morton, Public Works Director Mark Lander, City Engineer G:INPDES1A61358-A668-A687-Plastic Bag Ban-Bag SurchargeW668 Single Use Bag Fee Support Letter Brownley, 5-06-09.doc ~~~o DRAFT May 6, 2009 The Honorable Mike Davis California State Assembly, District 48 State Capitol Building, Room 2160 Sacramento, CA 95814 Dear Assemblymember Davis: RE: AB 87 (Davis), Solid Waste: Single-Use Carryout Bags -Support The City of Dublin is pleased to support your measure, Assembly Bill (AB) 87. AB 87 will effectively deter the use of single-use bags by charging a Statewide fee for single- use plastic and paper bags beginning in 2010. Revenue generated from the fee will be used for trash abatement and litter prevention related to single-use bags. By reducing the number of bags that end up in the environment, the State and municipalities will save millions of dollars every year in pollution cleanup costs. Without the passage of this type of measure, municipalities will be forced to expend huge sums of taxpayer dollars to clean up the litter caused by the distribution of single-use carryout bags. Given the current financial constraints facing local government, we cannot afford to be saddled with this burden. By both reducing the amount of bags generated and providing funds to address remaining trash problems, AB 87 will be of great benefit to our municipalities and taxpayers. For these reasons, the City of Dublin is pleased to support Assembly Bill (AB) 87. Sincerely, Tim Sbranti, Mayor cc: Assemblymember Mary Hayashi Bruce Wolfe, Executive Officer, SFBRWQCB David Lewis, Executive Director, Save the Bay Lori Chen, Legislative Liaison, Clean Water Action Jim Scanlin, Alameda Countywide Clean Water Program City Council Joni Pattillo, City Manager Chris Foss, Assistant City Manager Melissa Morton, Public Works Director Mark Lander, City Engineer G:INPDESW61358-AB68-A687-Plastic Bag Ban-Bag SurchargeW687 Single Use Bag Fee Support Letter Mike Davis, 5-06-09.doc ~~ ~o DRAFT May 6, 2009 The Honorable Mary Hayashi California State Assembly, District 18 State Capitol Building, Room 3013 Sacramento, CA 95814 Dear Assemblymember Hayashi: RE: AB 1358 (Hill): Safe and Sustainable Takeout Food Packaging Act -Support The City of Dublin urges your support of Assembly Bill (AB) 1358. AB 1358 will ban the use of polystyrene take-out food containers. By reducing the number of containers that end up in the environment, the State and municipalities will save millions of dollars every year in pollution cleanup costs. Without the passage of this type of measure, municipalities will be forced to expend huge sums of taxpayer dollars to clean up the litter caused by polystyrene food containers. Given the current financial constraints facing local government, the City cannot afford to be saddled with this burden. By eliminating polystyrene food containers from the waste stream and the environment, AB 1358 will be of great benefit to municipalities and taxpayers. For these reasons, the City of Dublin urges your support of Assembly Bill 1358. Sincerely, Tim Sbranti, Mayor cc: Bruce Wolfe, Executive Officer, SFBRWQCB David Lewis, Executive Director, Save the Bay Lori Chen, Legislative Liaison, Clean Water Action Jim Scanlin, Alameda Countywide Clean Water Program City Council Joni Pattillo, City Manager Chris Foss, Assistant City Manager Melissa Morton, Public Works Director Mark Lander, City Engineer G:\NPDESWB1358-A668-AB87-Plastic Bag Ban-Bag Surcharge\A61358 Container Ban Support Letter Hayashi, 5-06-09.doc fat, ID ll May 6, 2009 The Honorable Mary Hayashi California State Assembly, District 18 State Capitol Building, Room 3013 Sacramento, CA 95814 Dear Assemblymember Hayashi: RE: AB 68 (Brownley), Solid Waste: Single-Use Carryout Bags -Support The City of Dublin urges your support of measure Assembly Bill (AB) 68. AB 68 will effectively deter the use of single-use bags by charging a Statewide fee for single- use plastic and paper bags beginning in 2010. Revenue generated from the fee will be used for trash abatement and litter prevention related to single-use bags. By reducing the number of bags that end up in the environment, the State and municipalities will save millions of dollars every year in pollution cleanup costs. Without the passage of this type of measure, municipalities will be forced to expend huge sums of taxpayer dollars to clean up the litter caused by the distribution of single-use carryout bags. Given the current financial constraints facing local government, the City cannot afford to be saddled with this burden. By both reducing the amount of bags generated and providing funds to address remaining trash problems, AB 68 will be of great benefit to our municipalities and taxpayers. For these reasons, the City of Dublin urges your support of Assembly Bill 68. Sincerely, Tim Sbranti, Mayor cc: Bruce Woffe, Executive Officer, SFBRWQCB David Lewis, Executive Director, Save the Bay Lori Chen, Legislative Liaison, Clean Water Action Jim Scanlin, Alameda Countywide Clean Water Program City Council Joni Pattillo, City Manager Chris Foss, Assistant City Manager Melissa Morton, Public Works Director Mark Lander, City Engineer G:\NPDES\AB1358-A668-A687-Plastic Bag Ban-Bag Surcharge\A668 Single Use Bag Fee Support Letter Hayashi, 5-06-09.doc ia~~ la DRAFT May 6, 2009 The Honorable Mary Hayashi California State Assembly, District 18 State Capitol Building, Room 3013 Sacramento, CA 95814 Dear Assemblymember Hayashi: RE: AB 87 (Davis), Solid Waste: Single-Use Carryout Bags -Support The City of Dublin urges your support of Assembly Bill (AB) 87. AB 87 will effectively deter the use of single-use bags by charging a Statewide fee for single- use plastic and paper bags beginning in 2010. Revenue generated from the fee will be used for trash abatement and litter prevention related to single-use bags. By reducing the number of bags that end up in the environment, the State and municipalities will save millions of dollars every year in pollution cleanup costs. Without the passage of this type of measure, municipalities will be forced to expend huge sums of taxpayer dollars to clean up the litter caused by the distribution of single-use carryout bags. Given the current financial constraints facing local government, the City cannot afford to be saddled with this burden. By both reducing the amount of bags generated and providing funds to address remaining trash problems, AB 87 will be of great benefit to our municipalities and taxpayers. For these reasons, the City of Dublin urges your support of Assembly Bill 87. Sincerely, Tim Sbranti, Mayor cc: Bruce Wolfe, Executive Officer, SFBRWQCB David Lewis, Executive Director, Save the Bay Lori Chen, Legislative Liaison, Clean Water Action Jim Scanlin, Alameda Countywide Clean Water Program City Council Joni Pattillo, City Manager Chris Foss, Assistant City Manager Melissa Morton, Public Works Director Mark Lander, City Engineer G:\NPDES\A61358-A668-AB87-Plastic Bag Ban-Bag SurchargeWB87 Single Use Bag Fee Support Letter Hayashi, 5-06-09.doc