TO: Board of Supervisors
FROM: Brian D. Bordona, Director - Planning, Building, & Environmental Services
REPORT BY: Ryan Melendez, Planner II - Sustainability
SUBJECT: Amendments to Ordinance modifying Napa County Code Chapter 5.70 and modifying Chapter 5.80
RECOMMENDATION
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Introduction and intent to adopt an ordinance of the Napa County Board of Supervisors, State of California, amending various sections of Chapter 5.70 (Single-Use Plastic Bag Reduction) and Chapter 5.80 (Reusable Foodware and Waste reduction) of the Napa County Code. (No Fiscal Impact)
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BACKGROUND
On December 3, 2024, the Napa County Board of Supervisors adopted Ordinance 1501, amending Chapter 5.70. This Chapter was originally adopted in 2016 by ordinance 1408; however, in 2025 the state of California passed Senate Bill No. 1053, “Solid Waste: recycled paper bags: standards: carryout bag prohibition,” amending Chapter 5.3 of Part 3 of Division 30 of the Public Resources Code, to strengthen the state’s original plastic bag ban by eliminating the exemption for thicker plastic bags marketed as reusable, thereby closing a loophole that allowed such bags to continue being distributing at store checkouts, effective January 1, 2026. Since the state’s law is more restrictive than Napa County’s ordinance, this law preempts Chapter 5.70 of the Napa County Code.
As part of Ordinance 1501 in 2024, the Board of Supervisors added Chapter 5.80 to reduce the waste and pollution caused by disposable foodware in the County. This ordinance is scheduled to go into effect January 1, 2026. In preparation for outreach and education to businesses, staff identified the need to clarify and update some of the regulations within the ordinance. Therefore, staff have preemptively revised several sections of the ordinance to improve clarity of the requirements that will be implemented within the unincorporated areas of the County. These updates will allow for streamlined and improved outreach and engagement with businesses and members of the public.
To ensure consistency and feasibility, staff have discussed the new proposed ordinance amendments with staff from the County Recycling and Waste Reduction Team, County Environmental Health Division, County Counsel, Local Enforcement Agency, and Napa Recycling and Waste Services.
Proposed Amendments to Chapter 5.70
The following modifications have been identified for the Board’s consideration:
• Amend the title of the Chapter from “Single-Use Plastic Bag Reduction” to “Plastic Bag Prohibition;”
• Amend the purpose and intent of the chapter to simplify the goal of reducing waste and pollution and to align with SB 1053, which updates the Public Resources Code (PRC) 42279-42288 to ban all film-plastic bags;
• Add Section 5.70.025 (Incorporation of state law) to reference and reinforce the regulations within PRC 42279-42288;
• Amend Section 5.70.040 to align the language with PRC 42279-42288.
• Remove multiples sections of the current ordinance, as they are redundant with the PRC 42279-42288 and have the potential to create confusion from the regulated community; and
• Amend Section 5.70.060 (Administration, enforcement, and penalties) to clarify how the state law will be enforced in Napa County.
Proposed Amendments to Chapter 5.80
The following modifications have been identified for the Board’s consideration:
• Amend Section 5.80.010 (Purpose) to better reflect the regulations set forth in the chapter; to align County compliance with the requirements set forth in the PRC Sections 42270 et seq., requiring that disposable items be provided only if requested by a customer; to align County compliance with the requirements set forth in California Health and Safety Code Sections 38730.5 through 39730.8 and the PRC 42652 et seq., requiring businesses to annually provide educational information to employees about the requirements to compost and recycle; and to align County compliance with the PRC Sections 42648.1, 42648.2, 42648.8, and 42648.81 relating to correct sorting of solid waste, recyclables, and organic waste into separate receptacles.
• Amend Section 5.80.020 (Definitions) to simplify the understanding of the regulations. Updated definitions include:
o Added definitions for “Accessory Foodware,” “Compost/Organics,” “Condiment,” “County Enforcement Officer,” “Prepared Food Vendor,” “Reusable,” and “Temporary Event or Event,”
o Removed definitions for “Bottled Beverage,” “BPI Certified,” “County,” “County Executive Officer (CEO)”, “County Facilities,” “Disposable Cup or Non-Reusable Cup,” “Event Promoter,” “Food Provider,” “Food Service Establishment,” “Food Vendor,” “Foodware Accessory,” “Natural Fiber,” “On Request,” “PBES,” “Person,” “Plastic Bottle,” “Reusable Foodware,” “Store,” “Supermarket,” “Retail Store,” “Convenience Food Store,” “Takeout Food,” and “Vendor.”
o Amended definitions for “Compostable,” “Customer,” “Disposable,” “Foodware,” “Off-Premises,” “On-Premises,” “Prepared Food,” and “Recyclable.”
• Add Section 5.80.025 (Prohibition on plastic and polystyrene) to clarify prohibition on providing, selling, or using disposable foodware or accessory foodware made of plastic or polystyrene.
• Amend Section 5.80.030 (Foodware Standards) to clarify the regulations for prepared food vendors providing foodware and accessory foodware items. Updates include:
o Simplifying the language for regulations for prepared food vendors to provide only reusable foodware to customers dining on-premises, but allowing for compostable accessory foodware items, either automatically or by customer request depending on the type of item;
o Specifying the requirements, time limits, and other limitations for temporary waiver applications;
o Simplifying the language for regulations for businesses to provide only compostable foodware and accessory foodware items for customers dining off-premises and specifying regulations regarding the use of single-use condiment packaging; and
o Requiring Events and Temporary Events to comply with the regulations for off-premises dining. This is in coordination with Planning, Building, and Environmental Services (PBES) - Planning staff regarding the proposed update of the Napa County Temporary Event ordinance.
• Amend Section 5.80.040 (Separate waste receptacles required) to align with Health and Safety Code Sections 39730.5 through 39730.8 and the PRC Section 42652 et seq., requiring prepared food vendors to annually provide education to their staff of the requirements to compost and recycle and how to properly sort between solid waste, recycling, and organic waste streams.
• Amend Section 5.80.050 (Disposable foodware charges) to simplify the language regarding disposable foodware charges, and exemptions from those charges;
• Add Section 5.80.055 (Prepared food vendor employee training) to require prepared food vendors to annually train their employees on the requirements of Chapter 5.80.
• Amend Section 5.80.060 (Recordkeeping and inspection) to simplify the understanding of recordkeeping requirements by businesses and inspections completed by County Enforcement Officers.
• Remove Section 5.80.070 (Sale and distribution of disposable plastic bottled beverages on county property).
• Amend Section 5.80.080 (Exemptions) to clarify that no exemption is allowed from the prohibition on the sale or distribution of polystyrene foodware and accessory foodware items.
• Update Chapter 5.80.090 regarding the administration, enforcement, and penalties of the regulations set forth in the reusable foodware and waste reduction ordinance to simplify the understanding of roles and responsibilities and penalties.
Community Outreach:
The original proposed ordinance was posted on the PBES Department website on February 12, 2024, for public review and comment. A notice that the originally-proposed ordinance was available for review was sent to food vendors in the unincorporated area and stakeholders interested in Climate Action Committee (CAC)-related matters. A Frequently Asked Questions (FAQ) document explaining the draft ordinance was also posted to the PBES website on March 15, 2024, including a version in Spanish. Staff gave a brief presentation regarding the original ordinance to the Napa Chamber of Commerce on March 6, 2024.
In collaboration with staff from Napa County Solid Waste, Environmental Health, Napa Recycling and Waste Services, and Upper Valley Disposal Services, staff plan to conduct written and in-person outreach and education to individual businesses which might be affected by the regulations in this ordinance. Staff have produced a reference and resources guidance document to aid in outreach and education efforts.
Next Steps:
If the Board votes today to express intent to adopt the ordinance, the ordinance will return for adoption on October 21, 2025. If adopted, Staff proposes the Ordinance be effective starting January 1, 2026, to match the effective date of the state law regulating plastic bags and match the effective date of the initial reusable foodware ordinance which is currently set forth at Chapter 5.80.
PROCEDURAL REQUIREMENTS:
1. Open Public Hearing.
2. Staff report.
3. Public comments.
4. Close Public Hearing.
5. Motion, second, discussion, and vote on intention to adopt the Ordinance.
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
If Chapter 5.70 is not amended, it will be inconsistent with state law and could create confusion by the regulated community who might rely on the County Code instead of State Law. If Chapter 5.80 is not amended, it has the potential to be confusing to the regulated community and customers. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
None |
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Consequences if not approved: |
PBES would have to follow existing ordinance provisions and state law, which may impede implementation and enforcement. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The Board finds that the adoption of this Ordinance will not have a significant effect on the environment and is exempt from the California Environmental Quality Act pursuant to Categorical Exemption Class 8 (“Actions by Regulatory Agencies for the Protection of the Environment”) which may be found in the guidelines for the implementation of the CEQA at 14 CCR §15308; and the General Rule in that it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore the CEQA is not applicable. [See Guidelines for the Implementation of the CEQA 14 CCR §15061(b)(3).]