HomeMy WebLinkAbout2013-05-06 Ordinance 5194Ordinance No. 5194
Ordinance ofthe Council ofthe City of Palo Alto Amending Chapter 5.35 of
the Palo Alto Municipal Code Regarding Retail and Food Service
Establishment Checkout Bag Requirements
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds as follows:
(a) Single use plastic bags have environmental effects as many of these bags are conveyed
across land or through storm drains into local creeks, the San Francisco Bay and into the
Pacific Ocean. Studies have shown that 70% of the litter found in storm drains and at clean
up events is plastic (bags, packaging, single-use disposable products).
(b) Plastic bags that enter the marine environment have been found to adversely impact many
wildlife species that ingest or become entangled in them. Paper bags tend to break down
faster and do not pose the same risks for ingestion and entanglement.
(c) Eighty. percent of ocean debris originates from land. Plastic debris does not completely
biodegrade in the marine environment; instead plastics break down into smaller and
smaller pieces, absorbing toxins, which in turn harm marine animals when they are
mistaken for food. The Pacific Ocean contains a huge accumulation of plastic debris. Some
scientists estimate that the density of plastiC can be as great as one million pieces of plastic
per square mile and plastic debris has increased over 100 fold in the past 40 years.
(d) Plastic and paper checkout bags represent an unnecessary use of a nonrenewable resource.
Reusable bags represent the sustainable alternative to single-use bags of all types, because
they consume less resources overall and produce less waste.
(e) Even with the emphasis on recycling of plastics in the last several decades, the plastic bag
recycling rate in California as of 2008 remains at approximately five percent or less,
according to the California Integrated Waste Management Board.
(f) The City discourages the use of all types of single-use checkout bags, because single-use
bags consume more resources and produce more waste than reusable bags. However,
plastic bags are the least desirable type of all Single-use bags, because they consume a
nonrenewable resource, degrade very slowly and harm creek and marine life. It is the City's
intent to address all types of single-use checkout plastic bags, including compostable and
biodegradable ones, because all types consume non-renewable resources and can harm
creek and marine life.
(g) Expanding the current ordinance supports the City's goal of Zero Waste by 2021 by reducing
distribution of both plastic and paper bags. Ordinance expansion would reduce residuals
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contamination in municipal compost. A majority of compost contamination is comprised of
plastic film and must be disposed as garbage.
(h) Paper bags are more successfully recycled than plastic bags given current technologies.
Therefore, diverting paper bags from landfill disposal is more attainable than it is for plastic
bags. However, recyclable paper checkout bags do cause negative environmental impacts
such as air, land and water pollution during resource extraction, manufacturing,
transportation and ultimately in their disposal as even recycling paper bags consumes
energy and causes pollution.
(i) Reusable bags are considered worldwide to be the best option to reduce waste and litter,
protect wildlife and conserve resources. Reusable bags have lower associated greenhouse
gas emissions than single-use bags and are readily available and affordable for the
customer.
m In 2012, despite an existing ban on single use plastic bags in grocery stores over 10,000
square feet, approximately 350 bags were found in the lower Palo Alto watershed. 130 of
these bags were found on streets and in storm drains by a small number of volunteers
during a one month tally, and an additional 220 plastic bags were removed from Adobe and
Matadero Creeks during annual volunteer creek clean-up events.
(k) Given public awareness of the harm caused by single-use plastic bags, one-third of Palo Alto
food establishments already use paper bags exclusively to carry home food, and have
voluntarily eliminated the use of single-use plastic bags without harm or public complaint.
This includes the full range of food establishments from take-out to fine dining
establishments.
(I) Despite the positive impacts of the existing ordinance approximately fifty-seven percent of
combined grocery store and pharmacy checkout bags in Palo Alto are single-use paper or
plastic based on a 2012 survey. Therefore, further incentives are needed to decrease single-
use checkout bags.
(m) The City has given away more than 14,500 reusable checkout bags to Palo Alto residents to
encourage their use.
(n) Many cities in Santa Clara, San Mateo, San Francisco and Alameda counties in connection
with single-use bag ordinances have initiated charges on single-use paper bags in order to
offset the cost to retailers of this program and as an additional incentive for customers to
use their own reusable bags.
(o) Local cities are required by the Municipal Regional Permit (MRP) for storm water to
reduce trash by 40% by 2014, 70% by 2017 and 100% by 2022, with cities
implementing plastic bag bans as one of the actions to achieve these
requirements. Palo Alto's short term trash reduction plan complying with the MRP
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is claiming a 6% reduction of trash with the current single use bag ban, however,
cities with more comprehensive bans are claiming 12% reduction, assisting them in
meeting this strict requirement in a cost-effective manner.
(p) Due to the negative environmental effects and the need to comply with regulatory
requirements to reduce trash, it is therefore in the best interest of public health,
safety, and welfare to restrict single-use bag distribution within the boundaries of
the City of Palo Alto.
(q) It is the intent of the Council to reduce negative impacts of single-use checkout bags
through implementation of this Ordinance by continuing the requirement for
grocery stores to not provide single-use plastic checkout bags and expanding that
requirement to include all Retail Service and Food Service Establishments, while
implementing a charge to allow customers to purchase a single-use paper bag or a
reusable bag if the customer wants a bag and has not brought a reusable bag.
SECTION 2. Sunset of Ordinance 5032. Ordinance 5032 adding Chapter 5.35
(Retail Sales -Requirement for Paper Checkout Bags and Limited Prohibition on Single-Use
Plastic Checkout Bags) to the Palo Alto Municipal Code shall sunset and be of no further force
and effect on June 30, 2013.
SECTION 3. New Provisions. Effective July 1, 2013, Ordinance 5032 shall be
superseded by a new Chapter 5.35 to read as follows:
Chapter 5.35
Retail and Food Service Establishment Checkout Bag Requirements.
Sections:
5.35.010
5.35.020
5.35.030
5.35.040
5.35.050
5.35.060
5.35.070
5.35.010
(a)
Definitions
Types of Checkout Bags Permitted at Retail Service and Food Service
Establishments
Checkout Bag Charge for Paper or Reusable Bags at Retail Service
Establishments.
Operative Dates
Exemptions
Severability
Penalties
Definitions.
"Checkout Bag" means a bag that is provided by a Retail Establishment at the
checkstand, cash register, point of sale or other point of departure for the purpose
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of transporting food or merchandise out of the establishment. Checkout Bags do
not include Produce or Product bags as defined in this Chapter.
(b) "Food Service Establishment" means any establishment, located or providing food
within the City of Palo Alto, which provides prepared and ready-to-consume food
or beverages, for public consumption including but not limited to any Retail
Service Establishment, eating and drinking service (as defined in Chapter 18), Take-
out service (as defined in Chapter 18), supermarket, delicatessen, restaurant, food
vendor, sales outlet, shop, cafeteria, catering truck or vehicle, cart or other
sidewalk or outdoor vendor or caterer which provides prepared and ready-to-
consume food or beverages, for public consumption.
(c) "Produce or Product Bag" means:
i. any bag without handles provided to a customer to carry produce meats,
bulk food, or other food items to the point of sale inside a store;
ii. to hold prescription medication dispensed from a pharmacy;
iii. to protect food or merchandise from being damaged or contaminated by
other food or merchandise when items are placed together in a Reusable bag
or Recyclable paper checkout bag;
iv. a bag without handles that is designed to be placed over articles of clothing
on a hanger.
(d) "Recyclable Paper Checkout Bag" means a paper bag that meets one of the
following criteria:
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i. Pre-Approved Standard. A paper bag that meets all of the following
requirements:
1. contains no old growth fiber;
2. is 100% recyclable overall and contains a minimum of 40% post-
consumer recycled content;
3. displays the word "Recyclable" on the outside of the bag; and
4. the manufacturer, the location (country) where manufactured
and the percentage of post-consumer recycled content in an easy-
to-read size font.
ii. Alternative Materials. The Director of Public Works or his or her designee
is authorized to approve alternate materials or testing methods meeting
this section's requirements provided that the Director or designee finds
that the proposed materials or testing standards satisfactorily comply
with the intent, quality and effectiveness in order to meet the purposes
of this Chapter. The particulars of any approval made by the Director of
Public Works or his or her designee under this subsection shall be
entered upon the records of the Public Works Department and a signed
copy shall be furnished to the applicant.
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iii. Alternative Standard. Any other published uniform Recyclable Paper Bag
standard as approved by the Director of Public Works or his or her
designee.
(e) "Retail Service Establishment" means any establishment providing retail sale,
rental, service, processing, or repair of items primarily intended for consumer or
household use, including but not limited to the following: groceries, meat,
vegetables, dairy products, baked goods, candy, and other food products; liquor
and bottled goods, household cleaning and maintenance products; drugs, cards,
and stationery, notions, books, tobacco products, cosmetics, and specialty items;
flowers, plants, hobby materials, toys, household pets and supplies, and
handcrafted items; apparel, jewelry, fabrics, and like items; cameras, photography
services, household electronic equipment, records, sporting equipment, kitchen
utensils, home furnishing and appliances, art supplies and framing, arts and
antiques, paint and wallpaper, carpeting and floor covering, interior decorating I
services, office supplies, musical instruments, hardware and homeware, and
garden supplies; bicycles; mppeds and automotive parts and accessories
(excluding service and installation); cookie shops, ice cream stores and
delicatessens.
(f) "Reusable Checkout Bag" shall mean a bag with handles that is specifically
designed and manufactured for multiple reuse which can be washed or wiped
clean and meets all of the following criteria:
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i. Bags with a capacity of 15 liters or greater must meet all of the following
requirements:
1. To confirm durability, bags must meet EcoLogo ATP-001 standards
(including future amendments or any successor legislation):
a. Capacity Test -minimum of 15 liters
b. Dynamic Test -minimum of 5 sets of 300 cycles (1,500
cycles total).
2. To confirm bag thickness of2.25 mils thick or greater, bags will be
measured according to ASTM 06988-08 or ISO 4593:1993 or ISO
4591:1992 standards (for embossed film) (including future
amendments or any successor legislation).
3. To confirm the absence of heavy metals causing environmental
hazards upon entering the solid waste stream, State methods
are to be used for preparing and for testing samples of each
unique bag component following the Model Toxics in
Packaging Legislation, and;
4. Is either:
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a. labeled in an easy-to-read sized font with the name of the
manufacturer, the country of origin where manufactured,
the material from which it is manufactured, the
percentage of post-consumer recycled content, and a
statement that the bag does not contain heavy metals, or
b. as an alternative, information about the manufacturer, the
country of origin where manufactured, the material from
which the bag is manufactured, the percentage of post-
consumer recycled content, and a statement that the bag
does not contain heavy metals can be provided through
the reporting requirements set forth under 5.35.030 (d).
ii. . Reusable bags that with a capacity of less than 15 liters must meet all of
the following requirements:
1. Is 2.25 mils thick or greater as measured according to ASTM
D6988-08 or ISO 4593:1993 or ISO 4591:1992 standards (for
embossed film) (including future amendments or any successor
legislation ).
2. To confirm the absence of heavy metals causing environmental
hazards upon entering the solid waste stream, State methods are
to be used for preparing and for testing samples of each unique
bag component following the Model Toxics in Packaging
Legislation, and;
3. Is either:
a. labeled in an easy-to-read sized font with the name of the
manufacturer, the country of origin where manufactured,
the material from which it is manufactured, the
percentage of post-consumer recycled content, and a
statement that the bag does not contain heavy metals, or
b. as an alternative, information about the manufacturer, the
country of origin where manufactured, the material from
which the bag is manufactured, the percentage of post-
consumer recycled content, and a statement that the bag
does not contain heavy metals can be provided through
the reporting requirements set forth under 5.35.030 (d).
iii. Alternative Materials. The Director of Public Works or his or her designee
is authorized to approve alternate materials or testing methods meeting
this section's requirements provided that the Director or the designee
finds that the proposed materials or testing standards satisfactorily
complies with the intent, quality and effectiveness in order to meet the
purposes of this Chapter. The particulars of any approval made by the
Director under this subsection shall be entered upon the records of the
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Public Works Department and a signed copy shall be furnished to the
applicant.
iv. Alternative Standard. Any other published uniform bag standard as
approved by the Director of Public Works or his or her designee.
(g) "Single-Use Plastic Checkout Bag means any bag made predominately of plastic
derived from natural gas, petroleum or a biologically-based source, such as corn or
other plant sources, which is provided to a customer at the point of sale which
does not meet the definition of a Reusable Checkout Bag.
5.35.020 Types of Checkout Bags Permitted at Retail Service and Food Service
Establishments.
(a) Retail Service Establishments within the City of Palo Alto shall provide or make
available to a customer only Reusable Bags or Recyclable Paper Checkout Bags for
the purpose of carrying away goods or other materials from the point of sale,
subject to the terms of this Chapter.
i. Single-Use Plastic bags exempt from the ordinance include those integral to
the packaging of the product, Produce or Product Bags, newspaper bags,
door-hanger bags, or bags sold in packages containing multiple bags
intended for use as garbage, pet waste or yard waste bags.
ii. Food Service Establishments within Retail Stores must comply with those
requirements listed under 5.35.020(b}; Food Service Establishments within
Retail Service Establishments do not need to comply with the broader
Retail Service Establishments requirements of this ordinance.
iii. Farmers Markets may provide Produce or Product Bags to hold produce or
bulk items. Checkout bag charges for these bags are not required at
Farmers Markets unless Checkout Bags used to hold Produce or Product
Bags are provided.
(b) Effective November 1, 2013, Food Service Establishments shall provide or make
available to a customer only Recyclable Paper Checkout Bags or Reusable Bags, at
their discretion, for the purpose of carrying away goods or other materials from
the point of sale, subject to the terms of this Chapter.
i. Produce or Product Bags without handles may be used at Food Service
. Establishments to hold containers of foo~ items that are free liquids such
as soups or stews that might be susceptible to spilling.
(c) The City of Palo Alto encourages, but does not require in-store public education
and encouragement to customers about the use of reusable bags. In-store
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education for Retail Service and Food Service Establishments is available at
www.cityofpaloalto.org/plastics.
(d) Nothing in this Chapter prohibits customers from using bags of any type that they
bring to the establishment themselves or from carrying away goods that are not
placed in a bag at point of sale, in lieu of using bags provided by the establishment.
(e) A Retail Service or Food Service Establishment may provide a Reusable Bag at no
charge if it is distributed as part of an infrequent and limited time promotion.
Infrequent and limited time promotions shall not exceed a total of 14 days in any
consecutive 12 month period.
5.35.030: Checkout Bag Charge for Paper or Reusable Bags at Retail Service Establishments.
(a) Effective July 1, 2013, no Retail Service Establishment shall provide a Recyclable
Paper Checkout Bag or Reusable Bag to a customer at the point of sale, unless the
store charges the customer a checkout bag charge of at least ten cents ($0.10) per
bag to cover the costs of compliance with the ordinance,the actual costs of
providing recyclable paper bags, educational materials or other costs of promoting
the use of reusable bags.
(b) Retail Service Establishments shall establish a system for informing the customer
of the charge required under this section prior to completing the transaction. This
system can include store Clerks inquiring whether customers who do not present
their own reusable bag at point of checkout want to purchase a checkout bag.
(c) The checkout bag charge shall be separately stated on the receipt provided to the
customer at the time of sale and shall be identified as the Checkout Bag Charge.
Any other transaction fee charged by the Retail Service in relation to providing a
Checkout Bag shall be identified separately from the Checkout Bag Charge. The
checkout bag charge may be completely retained by the Retail Service and used
for public education and administrative enforcement costs.
(d) Retail Services Establishments shall keep complete and accurate records of the
number and dollar amount collected from Recyclable Paper and Reusable
Checkout Bags sold each month and provide specifications demonstrating that
paper and reusable bags meet the standards set forth in Section 5.35.020 using
either the electronic or paper reporting format required by the City. This
information is required to be made available to City staff upon request up to three
times annually and must be provided within seven days of request. Reporting false
information, including information derived from incomplete or inaccurate records
or documents, shall be a violation of the Ordinance. Records submitted to the City
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must be signed by a responsible agent' or officer of the establishment attesting
that the information provided on the form is accurate and complete.
5.35.040 Delayed Implementation for Food Service Establishments.
All Food Service Establishments shall comply with the requirements of Section 5.35.020 ofthis
Ordinance beginning November 1, 2013.
5.35.050 Exemptions.
(a) Undue Hardship. The City Manager, or his or her deSignee, may exempt a Retail
Service or Food Service Establishment from the requirements of this Chapter for a
period of up to one year, upon sufficient evidence by the applicant that the
provisions of this Chapter would cause undue hardship. An undue hardship request
must be submitted in writing to the City. The phrase "undue hardship" may include,
but is not limited to, the following:
i. Situations where there are no acceptable alternatives to Single-Use
Plastic Checkout Bags for reasons which are unique to the Retail
Service or Food Service Establishment.
ii. Situations where compliance with the requirements of this Chapter
would deprive a person of a legally protected right.
(b) Retail Service Establishments shall not enforce the 10 cent store charge for
customers participating in the California Special Supplemental Food Program for
Women, Infants, and Children, or in Cal Fresh, or in the Supplemental Nutrition
Assistance Program (SNAP-formerly food stamps). This provision will expire on
June 30, 2014.
5.35.060 Severability.
If any provision or clause of this Chapter is held to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, such invalidity shall not affect other provisions of this
Chapter, and clauses of this Chapter are declared to be severable.
5.35.070 Penalties.
(a) Anyone violating or failing to comply with any of the requirements of this
Chapter shall be guilty of an infraction as set forth in Chapter 1.08 of the Palo
Alto Municipal Code.
(b) Each violation of this Chapter shall be considered a separate offense.
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(c) The remedies and penalties provided in this Section are cumulative and not
exclusive.
SECTION 4. CEQA. The Department of Public Works prepared an Environmental
Impact Report for this Ordinance, which confirmed that the Ordinance does not have the
potential to result in a significant impact on the environment and results in only beneficial or
less than significant impacts. The EIR was available for public review beginning November 15
through December 31 and was certified by the City Council on March 11, 2013.
SECTION 5. Severability. If any provision or clause of this Ordinance is held to be
unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity
shall not affect other provisions of this Chapter, and clauses of this Chapter are declared to be
severable.
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SECTION 6. Effective Date. This Ordinance shall be effective on July 1, 2013.
INTRODUCED: APRIL 15, 2013
PASSED: MAY 6, 2013
AYES: BURT, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
ABSENT: KNISS
ABSTENTIONS: BERMAN
ATTEST: kJ~
Mayor
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