STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 10, 2022
TO: Mayor Bailey and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Patrick Tang, City Attorney
Michael Roberts, Public Works Director/City Engineer
SUBJECT: AB 1276 – Single-Use Plastics Reduction Enforcement Requirements RECOMMENDED ACTION:
Staff recommends that the City Council waive first reading and approve for introduction the attached Ordinance implementing AB 1276 single -use plastics reduction enforcement requirements.
FISCAL IMPACT OF RECOMMENDATION:
Enforcement of the single-use plastic reduction enforcement requirements would require an as yet undetermined amount of code enforcement and administrative staff time.
EXECUTIVE SUMMARY:
AB 1276 prohibits dispensing of single-use plastics and condiment items by food service establishments unless those items are requested by the customer, and further mandates that cities adopt an enforcement mechanism by June 1, 2022. Staff presented a report regarding this new state law requirement at the regular council meeting of April 26, 2022. After discussion, and upon hearing public comment regarding this matter, the Council directed that staff return with an AB 1276 compliant ordinance similar to the example provided at the April 26, 2022 meeting (the Goleta model). By doing so, Council has adopted a two-step approach, seeking to put in place by the state deadline of June 1, 2022 an ordinance that meets the enforcement obligations under AB 1276, with additional requirements that may include further local restrictions on single use plastics to be discussed at a future date.
BACKGROUND:
Every year in the United States, an estimated 561 billion disposable plastic items are used, resulting in 4.9 million tons of waste. Much of this plastic ends up in the ocean, approximately 2.4 million tons of plastic waste each year from the United States alone. California communities are estimated to spend more than $428 million annually to clean up and control plastic pollution.
DISCUSSION:
On October 5, 2021, AB 1276 was signed into law by Governor Newsom. AB 1276 amends existing law to support the goal of reducing the use of, and waste generated by, all single-use food service products. Specifically, this bill prohibits a food facility from providing any single-use foodware accessory or standard condiment, as defined, unless requested by the consumer. It further prohibits these items from being bundled or packaged in a way that prohibits the consumer from taking only the item desired. Additionally, AB 1276 requires that on or before June 1, 2022, local jurisdictions shall authorize an enforcement agency to enforce the regulations. Penalties under AB 1276 include a notice of violation for the first two violations, with any subsequent infraction punishable by a fine of $25 for each day in violation, but not to exceed $300 annually.
Active enforcement of single-use plastic food service ware regulations may not be possible given current code enforcement staffing levels; it is likely that violations would be investigated on a complaint-only basis. Issuing, administering, and collecting administrative penalties is a staff intensive effort and fines received typically do not cover the City’s cost in administering the penalty program.
CONCLUSION:
In response to Council direction obtained at the May 26, 2022 regular city council meeting, staff is presenting for introduction an ordinance that meets the local enforcement obligations imposed by AB 1276.
Attachments:
Ordinance providing for the enforcement of AB 1276 single-use foodware accessories and condiment regulations Staff report and related attachments from Council meeting of May 26, 2022 Date Page 1
E. Moss, R. Grousset, The Dirty Truth about Disposable Foodware, The Overbrook Foundation – February 2020.
Ocean Protection Council.