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File #: 200551.    Version: Name:
Type: Discussion Item Status: Committee Report Out
File created: 11/19/2020 In control: Zero Waste Subcommittee
On agenda: 5/11/2021 Final action: 4/27/2021
Title: Single Use Plastic and Polystyrene Products Ordinance Draft (B)
Attachments: 1. 200551B_Plastic Straw Ordinance Biodegradable Straw Revision_20201208, 2. 200551C_Berkely_Food_Ware_Ordinance_20201208, 3. 200551D_FL Model EPS Ordinance_20201208, 4. 200551E_FLL PS Ordinance_20201208, 5. 200551A_SubCommittee_Single_Use_Plastics_20201208, 6. 200551F_LA Times Plastic Bottle Article_20201208, 7. 200551G_NYC Plastic Bottle Ban_20201208, 8. 200551H_Polystyrene & Plastic Bags 1.2.2020_12.08.20, 9. 200551A_BerkleyMunicipal Code_Single Use Ord_7639_20210119, 10. 200551B_Martin County-CA_drafted Reusable Ord_Ch 7-25_20210119, 11. 200551C_Sub Committee_Accessories_20210119, 12. 200551D_SF Ordinance-SingleUse File No 181004_20210119, 13. 200551M_Sub Committee_Glitter & Plastic Confetti_updated 2-23-2021_2021_03_02, 14. 200551N_SubCommittee_Accessories upon request_2021_3-30, 15. 200551O_Ordinance prohibiting expanded polystyrene containers_2021_04_13, 16. 200551P_Ordinance_20210511
Related files: 200841., 201134.
Single Use Plastic and Polystyrene Products Ordinance Draft (B)

Public Works Community Builders gave several presentations on 1) prohibiting polystyrene on city property, 2) reducing single use food accessories in the waste stream by prohibiting food vendors from automatically distributing such accessories with a food order, and 3) banning release of glitter, balloons, and confetti. Staff, along with the City Attorney’s office, has prepared a draft ordinance for the Zero Waste Subcommittee’s consideration. Staff from various city departments and offices, including Public Works, GPD, Code Enforcement, Parks & Recreation, and Purchasing have been consulted and will offer their recommendations. Changes to city Purchasing Policy and Real Estate Policy will be included in a separate agenda discussion item.

State law preempts municipalities from banning polystyrene citywide, but does allow cities to regulate polystyrene on city property. There is a broader statutory preemption for plastic bags. This draft ordinance will ban those who are required to obtain a permit, agreement, or authorization to use city property from using polystyrene. Those regulated will include, but not be limited to, vendors on city property and groups who rent park pavilions and city facilities. Violations will be enforced by civil citation. Part of the reason for limiting the ordinance to this category of persons is that it will be easier to communicate the ban to someone who is required to go through a formal process to use city property. Citing a casual park-goer who brings food in polystyrene into a city park or asking the person to leave seemed harsh to staff. An alternative might be for staff to do an educational campaign to stop people from using polystyrene. Staff also considered whether to revoke the permit/agreement, not renew a permit, or shut down an event or vendor if they violate the ordinance. Staff thought this could be viewed as negative customer servic...

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