HomeMy WebLinkAboutID-2888City of Palo Alto (ID # 2888)
City Council Staff Report
Report Type: Informational Report Meeting Date: 6/18/2012
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Council Priority: Environmental Sustainability
Summary Title: Palo Alto's Expansion of the Single Use Plastic Checkout Bag Ban
Title: Palo Alto's Notice of Preparation of an Environmental Impact Report to
Expand the Plastic Bag Restriction Ordinance (Municipal Code Chapter 5.35) to
include all Retail Services and Restaurants and to Implement a Store Charge for
Paper Checkout Bag Use
From:City Manager
Lead Department: Public Works
This is an informational report and no Council action is required. This report
serves to update Council on staff efforts to expand Palo Alto’s 2009 ordinance
restricting single-use plastic checkout bags at grocery stores to include all retail
and food service establishments and to establish a store charge for single use
paper checkout bags. (The current Ordinance is codified in Chapter 5.35 of the
Palo Alto Municipal Code.)
Executive Summary
Public Works Environmental Services is releasing a Notice of Preparation (NOP)
for an Environmental Impact Report (EIR) assessing the potential, but unlikely,
negative environmental impacts of expanding the City’s current single-use plastic
checkout bag ban. Expansion of the ordinance seeks to apply the current
requirements to all retail and food service establishments, and to add a store
charge for paper checkout bag use. The goal of the ordinance is to increase the
use of long-lasting reusable bags and decrease the use of single-use plastic and
paper bags to reduce pollution in local creeks, in San Francisco Bay and in the
marine environment. Completion of an EIR prior to further ordinance plastic bag
restrictions is required by a settlement with Save the Plastic Bag Coalition (STPBC–
an industry organization referred to as Savetheplasticbag.org in previous City
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reports) per 2009 litigation brought against the City during implementation of the
City’s first ordinance restricting plastic bags.
Background
Palo Alto adopted an ordinance restricting single-use plastic bags at large grocery
stores on March 30, 2009 (CMR:138:09), which became effective on
September 18, 2009. In November 2009, Council directed staff to return with a
recommendation of implementing a fee system for single-use paper bags
(CMR:401:09).
The 2009 ordinance was a first step in addressing the negative impacts of plastic
bags in the natural environment during a time when few community bans on
plastic bags existed. Plastics break into successively smaller pieces over time as
they are subjected to the forces of nature, but do not break down chemically.
Scientists have found an alarming build up of plastic particles in the plankton zone
in the oceans and an accumulation of plastic in marine animals and birds as they
ingest these plastic particles. Locally, plastics pollution represents 60% of the
trash found in creeks and a recent Scripps Institution of Oceanography study
reports that the amount of plastic debris in an area of the Pacific Ocean known as
the "Great Pacific Garbage Patch" has grown a hundredfold over the past four
decades.
STPBC initiated litigation due to Palo Alto’s first plastic bag ban ordinance arguing
that restricting plastic bags would lead to increased greenhouse gasses due to 1)a
customer’s choice to switch to paper bags;and 2) related increased energy
consumption used to manufacture and transport more paper bags instead of
plastic. However,the Palo Alto analysis concluded that, even assuming the paper
bag production figures were correct, there would be no greenhouse gas increase
because there would be a sufficient switch to reusable bags offsetting any switch
to paper.
Palo Alto’s analysis was the basis for a Mitigated Negative Declaration (MND)
which was prepared to comply with the California Environmental Quality Act.
Although the Palo Alto analysis answered the substantive issue raised in the
litigation, Palo Alto settled the case in order to save taxpayers the costs of a trial.
The settlement, however, does require the City to prepare an Environmental
Impact Report (EIR) prior to extending the ordinance to include other stores. To
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comply with the terms of this agreement, the City is drafting an EIR and holding
public scoping meetings to address any environmental concerns that should be
evaluated as part of the EIR process.
Discussion
Currently,48 California cities have passed bans restricting plastic bags and most
cities now also require a store charge for paper bags–usually ten to twenty-five
cents for each bag. A new effort is being led by San Mateo County to fund an EIR
that can be referenced by other public agencies which will help an additional 24
cities in both San Mateo and Santa Clara Counties approach their Councils with
proposed ordinances.Participating cities include: Belmont, Brisbane, Burlingame,
Campbell, Colma, Cupertino, Daly City, East Palo Alto, Foster City, Half Moon Bay,
Los Altos, Los Gatos, Menlo Park, Millbrae, Milpitas, Mountain View, Pacifica,
Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San
Francisco and Woodside.
Although large grocery stores in Palo Alto have complied with the City’s existing
ordinance, plastic litter including plastic bags continues to be found in local
creeks. Bags are easily blown into waterways, across city boundaries and from
freeways,and are consistently found during creek cleanups. They are designed to
hold products for a short period of time, but essentially do not decompose in
natural environments. Recycling markets for the material are poor.In addition,
local cities are required by the Municipal Regional Permit for stormwater to
reduce trash loadings to municipal storm sewer systems by 40% by 2014, 70% by
2017 and 100% by 2022. Cities who implement plastic bag bans receive credit
towards these requirements.Palo Alto is claiming a 6% reduction with the
current single use bag ban at grocery stores.However, cities with more
comprehensive bans are claiming 12% reduction, assisting them in meeting this
strict requirement in a cost-effective manner.
Given the ubiquitous nature of plastic bags and their negative contribution to
pollution in the local and global environment, staff seeks to expand the current
ban to include all retail and food service establishments,and to establish a store
charge for paper bag use with the goal of incentivizing consumers to use reusable
bags in lieu of single-use paper or plastic. Staff has conducted an annual survey of
paper, plastic, and reusable bag use at large grocery stores and pharmacies in
Palo Alto since 2008. Although the percentage of customers using reusable bags
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increased from nine percent to 19 percent following implementation of the 2009
ordinance, that percentage has not continued to increase.
Palo Alto is not participating in the San Mateo County bag ordinance EIR effort to
avoid conflicts with its 2009 settlement with STPBC and because the reach of Palo
Alto’s ordinance seeks to include food service establishments in addition to all
retail. However, the City will strive to align and leverage outreach efforts with
San Mateo County and other public agencies as feasible.
Timeline
Staff plans to bring both the Final EIR and revised ordinance to Council in
December 2012 with the goal of having the ordinance go into effect in April 2013.
At that time,details of ordinance implementation will be discussed. Staff is
referencing the following timeline to achieve project milestones:
Month/Year Project Milestones
June 2012 NOP and public scoping meetings
July 2012 Public comment due
September 2012 Draft EIR released for public comment
December 2012 ·Council approval of Final EIR
·First and Second ordinance reading
January-April 2013 Public outreach
April 22, 2013 (Earth Day)Expanded ordinance goes into effect
Resource Impact
Staff time will not be significantly increased for the long-term to implement this
ordinance.
Policy Implications
Expanding the plastic bag ban is consistent with the City’s existing plastics
reduction, Zero Waste and sustainability policies in addition to the Clean Bay Plan,
Comprehensive Plan, Climate Protection Plan and regulatory requirements to
reduce trash, including plastics in the environment.
Environmentail Review
An Environmental Impact Report is being performed for this project as a
requirement of the 2009 settlement with STPBC.
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Prepared By:Julie Weiss, Environmental Specialist
Department Head:J. Michael Sartor, Director
City Manager Approval: ____________________________________
James Keene, City Manager