TO: Napa County Climate Action Committee
FROM: David Morrison, Special Projects Director
REPORT BY: David Morrison, Special Projects Director
SUBJECT: Discussion, Direction, and Consideration to Recommend a Draft Single-Use Plastic Bag Reduction and Reusable Food Ware and Waste Reduction Ordinance to Member Jurisdictions for Consideration
RECOMMENDATION
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DISCUSSION AND ACTION ITEM: The Special Projects Director requests that the Climate Action Committee (CAC) discuss, provide direction, and consider the recommendation of a draft single-use plastic bag reduction and reusable food ware and waste reduction ordinance for future consideration by the member jurisdictions.
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BACKGROUND
Over the past several years, a number of jurisdictions in California have adopted _____
In 2022, Senate Bill 54 (SB 54) was enacted, which requires all packaging in California to be recyclable or compostable by 2032. It is anticipated that this would reduce plastic packaging by 25 percent and result in 65 percent of all single-use plastics to be recycled. On January 1, 2028, 30 percent of plastic packaging must be recycled, increasing to 40 percent in 2030, and 65 percent in 2032. Reduced waste would be achieved by making the size of plastic packaging smaller, using refillable containers, and/or using packaging made of other recyclable materials such as paper or aluminum. The legislation also requires the plastics industry to create a $5 billion fund by 2032 to help low-income communities that are disproportionately affected by plastic pollution.
On February 25, 2020, the CAC discussed a variety of short-term actions that could be agreed to and implemented by all members, including: streamlining electric vehicle charging station requirements; government participation in the Deep Green Program administered by Marin Clean Energy (MCE); exploring a prohibition on the use of gas-powered blowers and motors; and developing a prohibition of expanded polystyrene foam in take-out food packaging. These were actions that each jurisdiction could take individually on their own initiative, rather than a collective action by the CAC.
On July 23, 2021, Napa Climate NOW! gave a presentation to the CAC, requesting that they consider a draft reusable food ware and waste reduction ordinance. The goal of the draft ordinance was to transition from disposable to reusable food ware. The draft ordinance would require food sellers to: provide reusable food ware for dine-in restaurants; issue take-out food ware by request only; switch to compostable disposable take-out food ware; and eliminate plastic and polystyrene disposable food ware. The discussion was continued to the meeting of October 22, 2021, for staff to develop additional information regarding the experiences of other jurisdictions, and changes in water use associated with reusable food ware. A draft food ware ordinance was discussed again on December 17, 2021, as one of several short-term actions for the CAC to consider as part of determining budget priorities, but was not included in the following year’s budget.
On March 21, 2023, the Calistoga City Council unanimously adopted Ordinance No. 759, adding Chapter 8.17 titled “Regulating Reusable Foodware and Waste Reduction within the City of Calistoga.” The Ordinance also revised Chapters 8.16 (Garbage and Refuse) and 19.12 (Single-Use Carryout Bag Reduction). The Calistoga Ordinance requires that after March 20, 2024, all food providers must use reusable or compostable food ware and accessories.
On June 27, 2023, as a part of a discussion on future agenda items, the Napa County Board of Supervisors directed staff to begin work on a reusable food ware ordinance, including public outreach. As a part of the ordinance development, the Board requested that it be referred to the CAC for a recommendation, to promote consistency among the jurisdictions within the county.
Since December of 2023, staff has been developing a draft Single-Use Plastic Bag Reduction and Reusable Food Ware and Waste Reduction Ordinance (see Attachment A), based on the ordinance adopted by the City of Calistoga and the draft ordinance provided by Napa Climate NOW!. It has been reviewed by staff from the County Recycling and Waste Reduction Team, County Environmental Health Division, County Counsel, Upper Valley Waste Management Authority, Local Enforcement Agency, City of Napa Utilities Division, Napa Recycling and Waste Services, and Waste Connections.
The draft ordinance was posted on the Planning, Building, and Environmental Services (PBES) Department website on February 12, 2024, for public review and comment. A notice that the proposed ordinance was available was sent to food vendors in the unincorporated area and parties interested in the CAC. Staff will be discussing the proposed ordinance with the Napa Chamber of Commerce on March 6, 2024. At the date of this report, staff has received 10 public comments from the following (see Attachment B): Peggy Getty, Karen Garcia, Max Compagnon, Mark Gasster, Susan Antonini, Elizabeth Stephens, Jill Hancock, Diane Weyna, Bernie Jensen, and Susan Crosby. In general, there were eight commentors supporting the ordinance and two opposed.
Recommendation
The proposed ordinance would make the following changes to the existing single-use plastic bag reduction ordinance:
• Add definitions of “compostable,” “designated business,” “natural fiber,” “person,” and “recyclable” to the plastic bag reduction ordinance. It would also redefine “reusable bag” and “single-use plastic bag” to align with current state requirements.
• Clarify the conditions when a customer may or may not use their own bag(s) when purchasing items from a business.
• Clarify when a customer may be charged for a reusable or recyclable bag, and which purchases are exempt from a fee.
• Require that pre-checkout bags (for carrying items within a facility that have not yet been purchased) be recyclable or compostable, except for specified activities that are exempt.
• Clarify that enforcement staff may inspect a business or facility to ensure compliance with the ordinance.
The proposed ordinance would add a new chapter to the County Code, titled “Reusable Foodware and Waste Reduction” that would include the following new provisions:
• Provide a new section of definitions.
• Require that food vendors provide reusable or compostable food ware and accessories for both on-premises and take-out orders, except where exempted.
• Permit customers to use their own bags, except when damaged or inadequate, and cups.
• Prohibit polystyrene food ware and accessories.
• Require businesses to maintain records of recyclable and compostable food ware for three years, and to make such records available to enforcement staff upon request.
• Exempts items that are: made of recyclable glass or aluminum; pre-packaged food that is not removed from its packaging; repackaging of bulk food into portions for government and charity programs; when compostable products are not available; when required for health and safety, such as meats, or when visibility of the food product is needed; and items sold in bulk at stores.
• Exempts the following polystyrene items from being prohibited: pre-packaged food that is not removed from its packaging; medical supplies; items enclosed by another material (surfboards, coolers, life preservers, etc.); and storm water construction materials that comply with County Code and are not released into the environment.
• Exempts these provisions during a declared emergency, and for any Special Event permit applications that were deemed complete before the ordinance goes into effect.
• Designates the PBES department as the enforcing agency for this ordinance. Makes any violation of this chapter an infraction subject to fines, and allows the County to seek other relief as needed to enforce this ordinance.
Next Steps
Should the CAC recommend the draft ordinance, as may be amended by the committee, the document would be forwarded to the six member jurisdictions. If any jurisdiction wanted to move forward in adopting the ordinance, it would have to be adapted to each specific municipal code. The Council/Board would hold public hearing to adopt the ordinance by resolution, along with findings of fact. Ordinances require a minimum of 30 days to take effect once adopted.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State California Environmental Quality Act (CEQA) Guidelines) and therefore CEQA is not applicable.