1 STAFF REPORT
DATE: March 14, 2023
TO: Justin Hess, City Manager
FROM: Ken Berkman, Public Works Director
Via: John Molinar, Assistant Public Works Director – Street and Sanitation By: Amber Duran, Recycling Coordinator
SUBJECT: Introduction of an Ordinance A dding Article 4 to Chapter 2 of Title 4 to the Burbank Municipal Code, Regarding Plastic Waste Reduction Regulations
RECOMMENDATION
1. Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 2 (SOLID WASTE, WEEDS AND LITTER) OF TITLE 4 (HEALTH AND SANITATION) OF THE BURBANK MUNICIPAL CODE TO ADD ARTICLE 4 (PLASTIC WASTE REDUCTION) (Attachment 1); and
2. Find that the adoption of the ordinance is exempt from CEQA under 14 CCR sections 15060(c)(2), 15061(b)(3), and 15308.
BACKGROUND
The City of Burbank has a substantial interest in protecting its residents and the environment from the negative impacts of disposable foodware items. Disposable (also referred to as single- use, or nonreusable) foodware items — including cups, bowls, plates, containers, utensils, straws, cup lids, napkins, and drink stirrers and plugs — contribute to street litter, ocean pollution, and lead to wildlife harm. The production and disposal of these foodware items creates significant environmental impacts, including the contamination of the environment, the depletion of natural resources, greenhouse gas emissions, increased clean-up, and end of life management costs.
Burbank has a long history of providing customer -friendly and effective waste reduction programs. Beginning in 1982 with voluntary curbside recycling, residents and businesses have participated in a number of programs that resulted in the City consistently achieving a landfill diversion rate over 60% for more than a decade. The Burbank Recycle Center PUBLIC
WORKS
2 (BRC) has taken the lead in this endeavor by bringing forth plans to help increase landfill diversion and decrease the use of disposable items.
The BRC introduced the current Zero Waste Strategic Plan, approved by Council in 2008, recommending that the City advocate for manufacturer responsibility for product waste and support elimination of problem materials, such as expanded polystyrene (EPS) packaging. Several years later, China’s 2015 “Green Fence” and 2018 “National Sword” policies were enacted and the entire plastics recycling market collapsed. These policies placed purity standards on sorted plastic that have proven to be nearly impossible to achieve under current collection and processing methods. The effect this has had on Burbank’s Solid Waste operations was brought to Council’s attention during a presentation on June 25, 2019, where bales of recyclable plastics were shown being placed in the landfill.
One month later, on July 23, 2019, Council was presented with EPS foodware ban options. The Council directed staff to develop a plan to prohibit the use of disposables at City facilities and events and create an ordinance to increase plastics diversion from the landfill. Subsequently, BRC staff commenced development of an internal single- use plastics reduction policy that was implemented in December of 2019.
While developing and implementing the internal single-use plastics reduction policy, the COVID-19 Pandemic (Pandemic) occurred. In spring of 2020, it was decided to pause the development of a single- use plastics reduction ordinance to address the unknown impacts of the Pandemic and similarly give the residents, businesses, and restaurants time for the same opportunity. The benefit of this pause is that staff has been able to see the effects of the market collapse and study how other cities are adjusting to the changing conditions. Other cities that had enacted earlier EPS bans are seeing the need f or increased plastics diversion and are now expanding their policies. Several cities and municipalities in California have adopted various forms of legislation regulating foodware and/or foodware accessories with the intent of reducing environmental harm c aused by these items, including the Cities of Berkeley, San Francisco, Oakland, Alameda, Davis, and Santa Cruz, as well as the Counties of Los Angeles and Santa Cruz.
Using this knowledge, BRC staff have worked with the City of Glendale ’s Management Services Sustainability Office, Surfrider Foundation, Sustainable Burbank Commission and R3 Consulting Group Inc. to create this ordinance. The policies of many other cities have been reviewed and changes have been incorporated based upon the experiences these other cities have derived from their ordinance implementations. The proposed ordinance is consistent with the CalRecycle recycling and waste disposal regulations contained in Title 14, Natural Resources and Title 27, Envir onmental Protection of the California Code of Regulations, Assembly Bill (AB) 1884, AB 1276, AB 827, and Senate Bill (SB) 1383.
3 AB 1884 requires restaurants to only provide plastic straws to customers when requested.
AB 1276, enacted in 2022, expands on AB 1884 by prohibiting food facilities and third- party food delivery platforms from providing any single- use foodware accessories or standard condiments to a customer unless requested. It also prohibits foodware accessories and condiments from being bundled or packaged in a way that prohibits the consumer from taking only the item desired. Foodware accessories include forks, knives, spoons, sporks, chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks. Standard condiments include relishes, spices, sauces, confections, or seasonings. The proposed ordinance creates City mechanisms to enforce AB 1276, per the requirements of the law, and also goes beyond the state’s mandates by banning plastic foodware and foodware accessories to further reduce single-use plastics.
DISCUSSION
The proposed ordinance uses multiple approaches to reduce single-use plastic foodware waste. The most effective strategies are to “skip the stuff” by refusing unneeded items and accepting reusable items in place of disposables. In addition to including enforcement requirements of AB 1276, the proposed ordinance stipulates that plastic bags only be provided to customers upon request . To increase reuse practices, restaurants that offer dine-in service will need to provide reusable foodware. Businesses will be required to charge customers $0.25 for non- reusable take-out cups, and the City will invest in water refill stations at key locations.
Another approach of this ordinance is to replace polystyrene and other plastic to- go foodware and foodware accessories with compostable natural fiber or aluminum products when practical. This strategy also helps the City with efforts to reduce food waste in the landfill as required by SB 1383. Food scraps are more readily collected in the organics bin using natural fiber foodware by removing the step of separating the food from the foodware at disposal and reducing confusion since everything goes in the same bin. To help businesses identify alternative products, the City will provide a list on its website of disposable foodware accepted in the organics program.
City Programs and Events
City programs and events will also be impacted by this ordinance. City staff and contractors can no longer buy or distribute polystyrene or other single- use plastic foodware products by an earlier implementation date than given to businesses. The City will “lead by example”. There will also be a goal to reduce the use of single- use plastic water bottles for City operations and organized events by increasing efforts to install water refill stations (using State grant funding to purchase them). This ordinance does not ban the purchase of single-use plastic bottled beverages; rather, it focuses on supporting and encouraging reusable beverage containers because single-use beverage containers like glass and aluminum have a more detrimental effect on the environment than plastic. 4 Timeline
These approaches will gradually be phased in. To comply with current State laws AB 1884, AB 1276, and AB 827, upon adoption of the proposed Ordinance , single -use foodware accessories must only be provided upon request and internal recycling and organics containers must be located next to trash containers where customers clear their own tables.
By July 1, 2023, the proposed ordinance bans the sale and distribution of single- use polystyrene products city -wide and any single- use plastic foodware and foodware accessories at City facilities and events.
By July 1, 2024, dine-in restaurants and businesses are prohibited from using single-use foodware and accessories (and as a result may only use reusable foodware and foodware accessories), customers will be charged $0.25 for the use of single- use cups, and City facilities and events will reduce the need for single-use plastic water bottles.
Outreach and Education
Based on a list of food service businesses inspected by the health department, we estimate that over 650 businesses will be affected by this ordinance. Since the BRC is also in charge of educating and enforcing mandatory organics recycling through SB 1383 and the Burbank Municipal Code, technical assistance to and inspections of businesses for both matters will be given in conjunction. In the first year of implementation, the BRC will provide educational webinars to the local business community and manage extensive in-person education to businesses to build the behavior change this ordinance aims to create.
Additionally, c onsultants managed by BRC staff will conduct in-person site visits to observe operations and disposal practices and provide technical assistance and guidance. The BRC will also maintain a n educational page on the City’s website designated to plastic s reduction with a list of acceptable foodware and foodware accessories.
Several exemptions are in place since the requirements of this ordinance may not be practical in every situation. The mandatory single- use cup charge will be waived for a consumer using the California Supplemental Food Program for Women, Infants, and Children (WIC) or electronic benefit transfer (EBT) as payment. Exemptions to use reusable products for dine-in or compostable to-go foodware and foodware accessories will be issued to businesses that can prove undue hardship at the discretion of designated staff. Examples of undue hardship include but are not limited to financial burden or space constraints to install a mechanical dishwasher or in cases where practical and readily available compostable alternative products don’t exist.
5 Enforcement
Enforcement of the ordinance is phased to allow our businesses the time to successfully transition to new practices and alternative products. The first form of enforcement will include a written notice of non-compliance and give the businesses a 30-day window to correct the issue, prior to issuance of any administrative citations. The emphasis for BRC staff will be to educate and only use enforcement as a last resort. If administrative citations are necessary , the first offense is $100, the second $200, and the third and subsequent offenses $500. There is no provision for denial of a business license as a part of this ordinance as t he ultimate goal of this ordinance is to promote long- lasting reusable products and reduce the use of single-use plastics.
ENVI RONMENTAL REVIEW
Staff recommends that the City Council find that this ordinance adding Article 4 to Chapter 2 of Title 4 to the Burbank Municipal Code, regarding plastic waste reduction Regulations is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 15308, because the proposed ordinance involves regulatory actions to assure protection of the environment.
This ordinance adopts municipal code provisions, and after, involves activities that serve to further protect the environment by reducing plastic waste. As such, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary. A section has been added to the proposed ordinance should the City Council make this finding as recommended by staff.
FISCAL IMPACT
Additional staffing will be required in the Public Works Department to ensure the proposed ordinance is effective in reducing the impacts of single- use plastics on the environment in compliance with the State and City laws. Education, oversight and monitoring of businesses’ compliance and progress, and enforcement (if necessary) are all needed.
Public Works will be requesting one Administrative Analyst I and one Administrative Analyst II positions to take on this workload.
The positions are estimated to add approximately $210,680 per year (mid-range including benefits) to the Refuse Enterprise Fund. Approval of these additions will require amending the FY 2022/23 Refuse Budget, which will be brought back to Council if the Ordinance is adopted.
Due to inflationary pressures, supply chain issues and potential commodity market swings, it is not possible to estimate the actual costs a business will have to pay to change 6 their operations to comply with the ordinance. With an enforcement date of July 1, 2024, staff believes the businesses will have the necessary time to review their operations and modify them to comply while also maintaining their margins.
CONCLUSION
The proposed Ordinance would further increase diversion, reduce impacts to the environment and align with the Sustainability Action Plan and Zero Waste Strategic Plan.
Staff presented the Ordinance to the Sustainable Burbank Commission on January 9, 2023 and the Commission voted to send a representative to speak at the Council meeting in support of the Plastics Reduction Policy, which was unanimously approved. when this Ordinance is presented. Staff respectfully recommends that Council introduce the proposed ordinance, and find the ordinance exempt from CEQA.
ATTACHMENT
Attachment 1 – Ordinance