TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building, and Environmental Services
REPORT BY: Ryan Melendez, Planner II - Sustainability
SUBJECT: Introduction and intention to adopt an Ordinance adopting modifications to the Napa County Code Chapter 5.70 and the addition of Chapter 5.80 to reduce the waste and pollution caused by single-use plastic bags and eliminating the use of single-use plastic food ware in the County
RECOMMENDATION
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PUBLIC HEARING - Introduction of Ordinance
Introduction and intention to adopt an Ordinance adopting modifications to the Napa County Code Chapter 5.70 and the addition of Chapter 5.80 to reduce the waste and pollution caused by single-use plastic bags and eliminating the use of single-use plastic food ware in the County. (No Fiscal Impact)
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BACKGROUND
Over the past 35 years, several municipalities in California have passed ordinances regulating the use of single-use food ware. One of the earliest such ordinances was adopted by the City of Carmel, which adopted its “Environmentally Acceptable Materials” ordinance in 1989. According to Californians Against Waste (https://www.cawrecycles.org), 131 cities and counties have adopted ordinances banning polystyrene, with at least 47 jurisdictions also having requirements that take-out food ware be recyclable or compostable.
On February 25, 2020, the Napa County Climate Action Committee (CAC) discussed a variety of short-term actions that could be agreed to and implemented by all members’ respective cities and town, including: streamlining electric vehicle charging station requirements; participating 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 (Styrofoam) used in take-out food packaging. These were actions that each municipality could take individually on their own initiative, rather than a collective action by the CAC.
On July 23, 2021, Napa Climate NOW!, a grassroots, non-partisan group of concerned Napa residents and an affiliate of 350 Bay Area, gave a presentation to the CAC, requesting that they consider a draft reusable food ware and waste reduction ordinance. 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 it 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 purveyors 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 Foodware and Waste Reduction Ordinance (see Attachment A), based on the ordinance adopted by the City of Calistoga and a 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 for review was sent to food vendors in the unincorporated area and stakeholders interested in the CAC related matters. The proposed revised draft ordinance was posted on the PBES website on March 15, 2024, and distributed to interested parties. A Frequently Asked Questions (FAQ) document explaining the draft ordinance was also posted to the PBES website on March 15, including a version in Spanish. Staff gave a brief presentation regarding the proposed ordinance to the Napa Chamber of Commerce on March 6, 2024.
Leading up to the March 22, 2024, CAC meeting, staff had received 23 public comments. There were 20 commentors supporting the ordinance (or an even stricter version) and 3 opposed.
On March 22, 2024, the CAC recommended the draft Ordinance for consideration and intention to adopt by each member jurisdiction. On September 18, a mail notice was sent to food purveyors in the unincorporated Napa County to alert them that the proposed Ordinance would be considered by Napa County Board of Supervisors. On October 2, 2024, the draft Ordinance, an updated FAQ document (see attachment B), and an educational toolkit to help stakeholders understand and prepare to comply with the Ordinance was posted on the PBES Natural Resources Division website <https://www.countyofnapa.org/3769/Draft-Reusable-and-Compostable-Foodware->.
At the time of drafting this report, staff has received four (4) correspondences about the ordinance. In general, comments have consisted of asking for clarification of the regulations, how to comply with regulations, requesting further education about waste management streams (solid waste, recycling, compost) or raising concerns about language in the draft Ordinance regarding the implementation of waivers, ensuring compliance for new businesses, and self-service for disposable food ware accessories. No recent correspondence has indicated any opposition to the proposed Ordinance.
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 (5.80) 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.
• Require three waste receptacles (solid waste, recyclables, and organics) to be used by both customers and staff where prepared food is sold.
• Require a $0.25 fee be imposed for each disposable cup/container, not to exceed $1.00 per order.
• Prohibit the sale and/or distribution of plastic bottled beverages of less than 21 ounces on County property, including lessees, contractors, or event permits.
• Create a waiver for on-site dining that cannot reasonably provide reusable foodware.
• Exempt 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.
• Exempt 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.
• Exempt these provisions during a declared emergency, and for any Special Event permit applications that were deemed complete before the ordinance goes into effect.
• Designate the Napa County PBES department Code Enforcement division 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.
The proposed ordinance would become effective one year after its adoption to allow for education and public outreach efforts to aid food purveyors and the public in complying with the new requirements.
The Clerk of the Board caused a notice of the proposed ordinance be published in a newspaper of general circulation in Napa County as required by Government Code Section 25124.
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 & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Policy CON-87: The County shall promote solid waste source reduction, reuse, recycling, composting and environmentally safe transformation of waste. The County shall seek to comply with the requirements of AB 939 with regard to meeting state-mandated targets for reductions in the amount of solid waste generated in Napa County. |
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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: |
Efforts to reduce or eliminate the use of single-use plastic bags and single-use plastic food ware will be delayed, hindered or halted, leading to ever-increasing plastic pollution in the waste and recycling streams and causing plastic waste pollution in landscapes and waterways. |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The adoption of this ordinance is exempt pursuant to the Categorical Exemption Class 8 (“Actions by Regulatory Agencies for Protection of the Environment”) under section 15308 of the state CEQA Guidelines. The ordinance is further exempt pursuant to CEQA Guidelines 15061(b)(3) in that it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment.