CITY COUNCIL STAFF REPORT
December 3, 2024 {{section.number}}{{item.number}}
REVIEW OF SINGLE-USE PLASTIC REGULATIONS
RECOMMENDATION:
Consider policy options related to single-use plastic product regulations and provide direction.
BACKGROUND:
At the City Council meeting on April 16, 2024, the City Council approved a Policy #2 request to include the following three components on a future agenda:
1. Analysis of the City of Coronado’s existing policies and ordinances regarding the use of single use plastic products by the City and others within Coronado.
2. Review of similar policies in other cities, primarily focusing on San Diego coastal cities.
3. Information on any pending state legislation that may impose requirements on the City of Coronado related to prohibition of single use plastics.
In September of 2024, staff reported to City Council that the City has not adopted any ordinances or policies to regulate single-use plastics. Staff provided information on relevant existing and pending state-wide single-use plastics regulations and noted that some jurisdictions have established more specific or restrictive regulations regarding single-use plastics. A summary of options for a development of a single-use plastic ordinance that would also be regionally cohesive was presented.
City Council requested that staff return with additional information from regional ordinances of interest, more information on pending state legislation, and information on Senate Bill 54 specifically.
ANALYSIS:
There are several elements of single-use plastic reduction ordinances that are commonly seen in California. The specifics of the policies vary from place to place, but commonly include the following elements:
• Single-Use Plastic Bags: Some ordinances expand on upcoming state legislation that prohibits single-use plastic carry out bags at grocery, pharmacy, convenience, and liquor stores to include other business such as restaurants, retail, and may also include this prohibition at City facilities and City sponsored events. • Polystyrene Products: Ordinances that prohibit polystyrene foam may include a prohibition on distribution of polystyrene containers in food service, or may expand the prohibition to include polystyrene packaging materials, coolers, and toys. The prohibition may be limited to food service, or may be expanded to retail establishments, and City facilities, events, and vendors.
• Single-use Utensils and straws: Typically, these ordinances expand on the existing State of California “Skip the Stuff” legislation that prohibits single use plastic utensils, straws, and condiments at dine-in and food delivery unless requested by the customer. The ordinance may expand the prohibition of these items unless requested by the customer at all food service locations, may include City facilities and events; an/or may prohibit single- use plastic utensils, straws, and stirrers outright. When single-use plastic is banned outright, ordinances typically require distribution of biodegradable or compostable alternatives instead of plastic, if these items are requested by a customer. • Ballons: Typically balloon ordinances prohibits the release of lighter than air balloons, or they may be more broad, prohibiting the sale, use, distribution, and release of lighter than air balloons.
• Plastic Water Bottles: Ordinances related to plastic water bottles vary, but those seen in coastal San Diego prohibit or limit city spending on single-use water bottles and prohibit their distribution within city facilities and/or at city events. Or, in addition, the prohibition may include all special events, or may limit the size of the water bottle. For example, not less than 1 liter in size.
Several coastal cities in San Diego County have implemented variations on one or more of the above restrictions on single-use plastics in recent years. Staff has prepared a matrix of local ordinances, included as an attachment, that provides specifics for each jurisdiction in coastal San Diego County. Additionally, staff has included information on Oceanside’s Marine Debris Ordinance, informational graphics from the City of Carlsbad, and information on the City of Solana Beach’s Single-Use Plastics ordinance.
In order to aid in discussion, below is a matrix of potential ordinance elements that identifies how many coastal cities in San Diego County already include that element in their ordinance and relevant State of California legislation. Staff will provide this matrix during the City Council presentation as well, in order aid City Council’s discussion and deliberation.
Single-Use Ordinance Elements
Number of
Coastal
SD cities
Implementing
(10 total)
Does State Law
Regulate?
Single-use carryout bags banned at grocery,
pharmacy, foodmarts. 6 Yes. Begins 1/1/2026
Single-use carryout bags banned at retail and
food establishments. 6 No
Pre-checkout bags must be recyclable or
compostable. 1 Yes. Begins 1/1/2025
Polystyrene foam banned. 7 No
Single-use utensils straws, and stirrers available
upon request only, at all food service
establishments. 6
Yes. By request only
for onsite dining and
food delivery.
Single-use utensils, straws, and stirrers banned,
recyclable or compostable available upon request
only. 4 No
No intentional release of lighter than air balloons. 1 No No sale, use, or distribution of lighter than air
balloons. 3 No
Single-use plastic beverage bottles banned at City
facilities and events. No City funds use to
purchase. 3 No
Customers can bring their own reusable cups to
any food establishment. 1 No
Existing and Pending State Legislation
There is state legislation that relates to single use plastics that is currently in effect, or will become effective in the coming years throughout the state, including in Coronado:
• Public Resources Code (PRC) 42280 (SB 270) - Effective as of 2016, this includes regulations on the distribution and composition of plastic grocery bags, including that plastic grocery bags be made from at least 40% postconsumer recycled materials, be recyclable, and be reusable.
• PRC 42271 (AB 1276) - Effective June 1, 2022, and known as the “Skip the Stuff” law, this legislation states that food facilities with onsite dining and third-party food delivery services may only provide plastic straws, single-use food ware accessories, and standard condiments if requested by the consumer.
• PRC 42372 (AB 1162) - Effective January 1, 2023, this legislation prohibits hotels with more than 50 rooms from providing small plastic bottles for personal care products like shampoo, conditioner, and lotion.
• PRC 42357 (SB 1053) - Effective on January 1, 2025, this legislation requires that precheckout grocery bags, such as plastic produce, meat, and bulk item bags, be replaced with recyclable paper or ASTM certified compostable alternative bags. • SB 1053 – Effective on January 1, 2026, this legislation was signed in September of 2024 and prohibits distribution of carry-out bags at checkout, with some exceptions (including an allowance for a bag provided that protects other purchased items form contamination) at grocery stores, retail stores with a pharmacy, convenience food stores, foodmarts, and liquor stores. Recycled paper bags may be offered at checkout for a $0.10 fee and are required to be made of a minimum of 50% postconsumer recycled materials beginning on January 1, 2028. This legislation repeals or amends previous legislation related to carryout bags, such as PRC 42280.
State Legislation Introduced But Not Adopted
AB 1590 - Introduced on February 17, 2023, this proposed legislation has not progressed.
However, if approved, this legislation would prohibit major coastal resorts from providing singleuse coffee pods, straws, and plastic bags, and polystyrene foam products, and require that each guest room be provided with a recycling bin.
Senate Bill 54
City Council asked specifically for information on SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act. This legislation was examined by staff previously and was not included in the staff report as it is related to production of single-use plastics, rather than retail sales or use by individuals. The goal of the legislation is to shift the burden of addressing single-use plastic pollution to the producers of those materials by requiring that they make their products either recyclable or compostable if they are imported or sold within California as of January 1, 2032.
Compostable Materials
Several ordinances and upcoming state legislation reference American Society for Testing and Materials (ASTM) certified compostable items. Coronado’s waste hauler, EDCO, provides an organics recycling program which included processing at their anaerobic facility. The program allows for inclusion of the following into the green waste bin: paper napkins, paper towels, paper plates, paper cups, paper take-out containers and take-out boxes (with no plastic or wax coating, and with metal removed), coffee filters, tissues, popsicle sticks, toothpicks, wooden chopsticks, and untreated wood.
The EDCO organics recycling program does not include recycling of all ASTM certified compostable items. Compostable and biodegradable bags, food ware, and utensils are not to be placed in the organics bin, unless they are made of untreated wood. Rather, these items are appropriately placed in the trash bin as they will biodegrade in the landfill. They are not recycled with compostable organics in the green bin.
Local Business Survey
Staff reached out to both Discover Coronado and the Chamber of Commerce with a request to provide feedback from their members on whether there is support for regulations on single-use plastics. The Chamber of Commerce surveyed their members and provided 62 responses, 20 of which were from grocery, retail, food service, and tourism businesses. The survey is included as an attachment to this report.
Generally, the business community indicated that single-use plastic and polystyrene regulations would not greatly impact their businesses, with the food service, grocery, retail, and tourism businesses averaging a slightly higher indication of impact to their business. Comments provided by survey respondents varied, with support of regulations on single-use plastic and polystyrene, and some commenters expressing some reservation regarding limitation of single-use beverage bottles.
Chamber of Commerce Survey of Businesses
Average Response by Business Type - 1 (no impact) to 5 (high impact) Food
Service
Grocery
Retail
Tourism
Professional
Non-Profit
Individual
Other
Single Use Plastic Bags: Prohibiting or mandating a charge for single use plastic bags and/or prohibiting their distribution at city events. 2.79 1.64
Polystyrene Products: Prohibiting the distribution of
polystyrene foam containers in food service, packaging
materials, coolers, and toys. 1.74 1.33
Plastic Utensils: Restricting the distribution of plastic utensils, encouraging, or requiring biodegradable or compostable
alternatives to be offered only upon request, and/or prohibiting plastic utensils at city facilities and events. 2.42 1.71 Other Plastic Items: Extending bans to additional plastic items such as straws, stirrers, food packaging, and balloons. 2.58 1.83 Plastic Water Bottles: Prohibiting or limiting city spending on single-use water bottles and their distribution at city facilities and events. 2.95 1.76
FISCAL IMPACT:
None.
ALTERNATIVE:
The City Council could direct staff to draft an ordinance that combines any combination of the single use plastic prohibition ordinance elements listed above or could decide not to pursue adoption of a single use plastic prohibition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
This activity is not considered a project as defined by CEQA and is therefore exempt from environmental review.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. Matrix of coastal city ordinance elements
2. Chamber of Commerce Survey
3. City of Oceanside Marine Debris Ordinance Information
4. City of Solana Beach Single Use Ordinance Information
5. City of Carlsbad Single Use Ordinance Information
Submitted By: Community Development Department / Tricia Olsen