COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Shad Springer, Director of Utilities
DATE: March 4, 2025
SUBJECT: Adoption of a Resolution Authorizing the City of Santa Maria as Enforcement Agency for Compliance with California Assembly Bill 1276, Single Use Foodware Accessories and Standard Condiments
Description:
The City Council will consider approving a Resolution authorizing the City of Santa Maria as the enforcement agency per the requirements in California Assembly Bill 1276.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution authorizing the City of Santa Maria as the Enforcement Agency for Compliance with California Assembly Bill 1276 (AB 1276) , Single -Use Foodware Accessories and Standard Condiments.
BACKGROUND:
California Assembly Bill 1276 Single -Use Foodware Accessories and Condiments (AB 1276), enacted in 2021, restricts food facilities from providing single -use foodware accessories or standard condiments for on -premises dining or via third -party delivery platforms, unless specifically requested by the customer. This legislation aims to reduce single-use plastic waste across California communities. Healthcare facilities, residential care facilities, and public and private school cafeterias are exempt from these requirements.
In addition, existing law prohibits full -service restaurants from automatically providing single-use plastic straws to customers, except upon request. Currently, some food facilities in the City of Santa Maria provide single use foodware accessories and/or standard condiments to all customers, regardless of request.
DISCUSSION:
The California Department of Resources Recycling and Recovery (CalRecycle) mandates that all jurisdictions designate an enforcement agency to ensure compliance 2 with AB 1276. While City staff explored partnering with the County of Santa Barbara, the County cannot extend enforcement beyond unincorporated areas.
The a ttached Resolution (Attachment "A") authorizes the City of Santa Maria as the enforcement agency for AB 1276. To facilitate this, City staff will develop an online complaint portal to receive formal reports of non-compliance. Upon receiving a complaint, the Utilities Department will assess the information to determine whether enforcement is necessary and, when required, will refer the case to Code Enforcement. As designated in California Public Resources Code Section 42272, first and second violations will receive a notice of violation and subsequent violations will result in an infraction, with fines of $25 per day of non-compliance, not to exceed $300 annually.
Alternatives
No viable alternatives exist. In October 2024, the Utilities Department contacted the County regarding potential support for enforcement under AB 1276; however, the County is unable to take on this role. Since the City must designate an enforcement agency to comply with AB 1276, staff recommends designating the City as the enforcement agency.
Fiscal Considerations
The implementation and enforcement of AB 1276 will incur costs related to program administration, including monitoring, investigating complaints, and issuing enforcement actions as necessary. These costs will primarily be associated with staff developing the complaint portal. Program costs will be minimized by coordinating inspections with when the Utilities Department is already onsite for solid waste outreach efforts. However, given the structured penalties for non-compliance, the potential for cost recovery exists through fines. These fines, up to $300 annually per violation, would help offset a portion of the costs. It is anticipated the existing approved budget within Solid Waste Collections (Fund 003) will be able to absorb the marginal increase in costs for this program, but this will be monitored and addressed in future budgets, if necessary.
Impact to the Community
The implementation of AB 1276 will help meet statewide waste reduction goals by minimizing single-use plastic waste in Santa Maria.
Impact to the City
The City is required to comply with AB 1276. Authorizing the City as the enforcement agency ensures compliance with the law while also supporting food facilities in becoming more aware of the requirements, leading to a reduction in waste generation.
Attachment
A. Resolution