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 45 years, a number of California jurisdictions have passed similar food ware ordinances. One of the earliest was 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 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 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!.
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. 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 (see Attachment B) 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. At the date of this report, staff has received 23 public comments. In general, there were 20 commentors supporting the ordinance (or an even stricter version) and 3 opposed.
Recommendation
At their regularly scheduled February 23, 2024, meeting, the CAC generally expressed support for the draft ordinance, with several changes as follows:
• Create a waiver for on-site dining that cannot reasonably provide reusable food ware;
• Require three bins (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; and
• Prohibited the sale and/or distribution of plastic bottled beverages of less than 21 ounces on County property, including lessees, contractors, or event permits.
These changes have been made to the revised draft ordinance and are highlighted in yellow. Staff has also made several minor corrections and clarifications.
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.