TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Jason M. Dooley, Deputy, County Counsel
SUBJECT: Ordinance modifying Napa County Code Chapter 5.70 and adding 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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Adopt an Ordinance modifying Napa County Code Chapter 5.70 and adding 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; Discretionary)
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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 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. 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).
The proposed ordinance went through a considerable public outreach process. The ordinance amends the existing single-use plastic bag reduction ordinance and adds a new chapter (5.80) to address reusable foodware and waste reduction. 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 proposed ordinance was introduced at the Board of Supervisors’ November 12, 2024, regular meeting after proper public notice was given. The Board made several recommendations relating to the public outreach and education efforts to be completed during the one-year period before the regulations become effective. In addition, the Board asked staff to look into ordinance language that may require some revision or clarification, including whether to explicitly state that the regulations apply to new businesses and whether the Public Health Officer has authority to waive the requirements during a public health emergency. Staff is preparing an implementation plan, which will incorporate the Board’s recommendations, and will bring a cleanup ordinance, if necessary, to address the Board’s questions as well as any other ordinance amendments that staff identifies. Staff expects to provide an update and potential cleanup ordinance to the Board in mid-2025.
Staff is requesting the Board adopt the proposed ordinance to amend Chapter 5.70 and adopt Chapter 5.80 as set forth in Attachment A.
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.