Sue Vang July 24, 2013 Current Status of Plastic Bag Policies in California

Why Ban Plastic Bags? Environmental Costs –13 billion plastic carryout bags distributed annually in CA (343 bags per capita) –Perfectly designed to become litter: lightweight, aerodynamic, blows out of trash receptacles, trucks, etc. –Plastic bags one of the most commonly found item in cleanups. –Plastic bags essentially never biodegrade—photodegrade into small pieces and attract ambient toxins. –Wildlife mistake them for food.

Why Ban Plastic Bags? Economic Costs –US EPA estimates CA spends $411 million a year to prevent marine debris. –TMDL. Los Angeles compliance estimate: $1 billion. Recycling and Solid Waste Issues - Problem contaminant in sorting of recyclables. - Recycling costly and ineffective. - San Jose spent $1 million a year due to plastic bag contamination

Local Bag Bans: Update Currently 58 adopted local bag ordinances covering 79 jurisdictions 31% of the state’s population Full and updated list always available on our website:

Fairfax* Malibu* Manhattan Beach* LA County San Jose Marin County Santa Monica Calabasas Santa Clara County Long Beach Santa Cruz County Pasadena Monterey Sunnyvale SLO County & 7 Cities Alameda Co & 14 Cities San Francisco* Millbrae Laguna Beach Dana Point Carpinteria Ojai Ukiah Watsonville Solana Beach Fort Bragg Mendocino County Carmel Santa Cruz City West Hollywood San Mateo County Pacifica Mountain View South San Francisco Foster City Belmont Colma Capitola Daly City Menlo Park Glendale San Bruno Portola Valley Cupertino Half Moon Bay San Carlos Los Altos Burlingame Brisbane Redwood City Huntington Beach East Palo Alto San Mateo City Palo Alto* Culver City LA City Richmond Campbell *current/initial ordinance adopted without paper bag charge

How Are They Doing? San Jose 89% decrease in storm drains, 59-60% decrease in creeks and streets LA County 95% reduction of all single-use bags, including 30% reduction in paper bags Santa Cruz area Weekly cleanups of beaches show average 6 bags picked up per event (2012), compared to 65 in 2008 SF 18% decrease in retail plastic bags from street litter audits, 2007 to 2009

State Legislative Update AB 1998, 2010 –Plastic bag ban and charge on paper bags starting 2012 –Failed to pass in Senate during last day of legislative session, 7 votes –$2 Mill spent between July 1 and Sept 30, 2010 (Hilex $1.08 Mill, ACC $942,000) AB 298, held in Senate fiscal committee SB 405, short by 3 votes, granted reconsideration

Challenges: Litigation Threats –Inadequate CEQA review Increase GHG emissions from paper bags is significant impact –Retail Food Code preempts restaurant bans –Prop 26 Redefines tax requiring 2/3 vote Court victories: 2011, State Supreme Court ruled in favor of Manhattan Beach bag ban, Superior Court in favor of Marin County 2012, Superior Courts ruled in favor of SF, SLO, LAC bag ordinances 2013, Marin County (CEQA lawsuit) ruling upheld in Court of Appeal, CA Supreme Court denied appeal on Prop 26 ruling in favor of LA County bag ban

Challenges: Reusable Bag Scare Tactics Studies: University of Arizona Oregon case study Wharton School of Law and Economics Industry funded AZ study determined that bacteria found in bags also found on common kitchen countertop. Recommended public awareness on regular cleaning. Oregon case study author: Bill Keane “could have just as easily been a disposable plastic bag…” sick because they ate the food (June 5, 2013) Law paper not peer reviewed, focused on stats. SF response: not representative, 79% of deaths were unrelated

Tourist Attractions & Bag Bans In 2012, the California Ocean Protection Council determined that ocean-dependent industries add more than $40 Billion dollars to California’s economy. Hawaii, Monterey, Aspen, Boulder, Telluride

Things to Know Prepare for some opposition (industry and uninformed), but know that there are many resources for you and lots of examples from those who have paved the way. Examples of common arguments: Bans are a job killer I reuse my bags (pet waste/trash liner) Plastic bags are recyclable Plastic bags are just small % litter Paper bags increase GHG emissions

Questions? Sue Vang (916)