Administrative
Report
N.2., File # 23-7263 Meeting Date: 1/16/2024
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING POTENTIAL MODIFICATION OF THE
REDONDO BEACH MUNICIPAL CODE TO PROHIBIT THE USE OF MULTI-USE PLASTIC BAGS
EXECUTIVE SUMMARY
The City’s Strategic Plan includes an objective to, “present a report to the City Council on whether the City can prohibit the use of multi-use plastic bags.” In 2020, the City adopted changes to the Redondo beach Municipal Code (RBMC) to prohibit the use of specific polystyrene products and balloons. The Ordinance changes did not specifically address plastic bags because a statewide regulation on these items already existed. The State of California passed Senate Bill No. 270 (SB 270) on September 30, 2014, which bans the use of single-use plastic bags by most grocery stores and convenience stores, however, stores may sell, not give away, multi-use grocery bags, including those made of thick film, and recycled paper bags (those with at least 40% recycled content). Singleuse compostable bags, meeting an industry standard of compostable plastics, are also allowed.
SB 270 provides specific parameters that define stores to which these regulations apply. SB 270 also establishes the regulation of reusable grocery bags, single use carry-out bags and recycled paper as a matter of statewide concern. The statute “occupies the whole field of regulation” pertaining thereto for stores defined in the statute. Therefore, staff believes the City would be unable to prohibit the use of multi-use plastic bags at grocery and convenience stores, as defined in SB 270.
The City could, presumably, regulate plastic bags in stores and businesses not included in the definition of “store” as provided in SB 270. These stores could include businesses selling retail goods, hardware stores, and restaurants. Currently, there are agencies and nonprofit organizations working to modify SB 270 to allow for expanded plastic bag bans (including multi-use plastic), but there is uncertainty on the timing and/or potential success of these efforts.
Staff is seeking direction as to whether to initiate development of an ordinance that would ban any type of plastic bags from retail businesses not defined as a store in SB 270. If desired, Council is asked to provide specific language as to what type of stores, and what materials should be included in the Ordinance. Alternatively, Council could take no action or request that staff monitor any potential modifications to SB 270 and provide an update at a later date when/if there are changes to the Bill.
BACKGROUND
In order to address the environmental and health concerns related to water pollution, the welfare of
N.2., File # 23-7263 Meeting Date: 1/16/2024
In order to address the environmental and health concerns related to water pollution, the welfare of marine life, and human health created by plastic / polystyrene pollution and balloons, the City of Redondo Beach adopted ordinances designed to reduce the use and disposal of plastics.
Ordinance No. 3201-20, adopted on January 14, 2020 and Ordinance 3213-21, adopted on April 6, 2021 added and amended Chapter 10, Title 5 of the RBMC, prohibiting the use of specific polystyrene products and balloons. The Ordinances are designed to help reduce single-use waste, reduce greenhouse gas emissions, reduce the distribution of disposable single-use plastic service items, reduce polystyrene use and litter, keep plastic waste from landfills, and reduce balloon litter threats to natural ecosystems and ocean wildlife in order to protect the health of the community and promote environmentally sustainable practices in the City.
The RBMC prohibits the sale and distribution of polystyrene and certain single-use plastic products by vendors and food and beverage service providers, including schools. Specifically, the Ordinance prohibits the sale or distribution of polystyrene food and beverage service ware products, including ice coolers, straws, cup lids, and utensils made from polystyrene materials in the City. The Ordinance also prohibits the sale and distribution of single-use plastic straws, stirrers, lid plugs, and utensils. In addition, the Ordinance includes regulations that prohibit any person from releasing any balloon (foil, “metalized”, Mylar, latex, etc.) filled with helium from anywhere within City limits.
However, the Ordinance does not address plastic bags because they are already banned under statewide law. SB 270 created a state-wide ban on single-use carryout bags, unless they meet a defined industry standard of compostable plastic, and requires that, if offered, reusable grocery bags and recycled paper bags be sold at no less than the cost to provide them. These regulations do not apply to all retail establishments, but only to most grocery and convenience stores as defined in the statute.
Stores are defined as retail establishments with a full-line of products, self-service retail stores that sell a line of dry groceries, canned goods, or nonfood items, and some perishable items with gross annual sales of two million dollars, or at least 10,000 square feet of retail space. The definition also includes a convenience food stores, food marts, or other entities bearing a license to sell alcoholic beverages, that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods or that is engaged in the retail sale of goods intended to be consumed off the premises.
Because existing State law declares that the statutes included in SB 270 are of statewide concern (see attached), staff believes the City is currently unable to prohibit the use of multi-use plastic bags at stores covered under the SB 270 definition. However, the Council could elect to regulate plastic bags in stores and businesses not covered by SB 270 (e.g. businesses such as retail, hardware stores, and restaurants). Many municipalities are currently pursuing extended bag bans, which will regulate businesses not covered by SB 270. The most notable recent example being the City of Los Angeles’ Ordinance, No. 187716 adopted on December 6, 2022, which added apparel stores, farmers’ markets, food or beverage facilities, hardware stores and open-air markets to the City’s existing plastic bag ban (Ord. No. 182604) which was adopted on June 25, 2013.
Should Council choose to prohibit the use of multi-use plastic bags by retail establishments not included in the regulatory domain of SB 270, staff requests direction as to which establishments and types of products to include in the regulation. Staff also recommends a process be established to include review of any subsequent action by the Public Works and Sustainability Commission, with
N.2., File # 23-7263 Meeting Date: 1/16/2024
include review of any subsequent action by the Public Works and Sustainability Commission, with any proposed ordinance to be prepared by the City Attorney’s Office.
COORDINATION
This report was prepared by the Public Works Department Engineering Services Division in coordination with the City Attorney’s Office and with assistance from Craig Cadwallader of the Surfrider Foundation.
FISCAL IMPACT
There is no fiscal impact associated with this report.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· California Legislative Information - Senate Bill 270 Full Language · Letter - Redondo Business Owners Re: Ordinance Outreach, April 18, 2022