Legislation Details

File #: HIST-22036    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 5/13/2013 Final action: 5/13/2013
Title: (1) Introduction of an Ordinance Amending the Culver City Municipal Code by Adding a New Chapter 11.16 Relating to Single-Use Carryout Bags and (2) Adoption of a Resolution Related to the California Environmental Quality Act (CEQA) Determination Related Thereto.
Attachments: 1. (1) Introduction of an Ordinance Amending the Culv - A-1__13-5-13__PW-ADMIN__CITY COUNCIL__Single-Use Bag Ordinance Introduction - FINAL.pdf, 2. (1) Introduction of an Ordinance Amending the Culv - A-1__13-5-13__PW-ADMIN__CITY COUNCIL__Single-Use Bag Ordinance Introduction Attachments.pdf
City of Culver City, California Agenda Item Report Meeting Date: 05/13/13 Item Number: A-1 CITY COUNCIL AGENDA ITEM: (1) Introduction of an Ordinance Amending the Culver City Municipal Code by Adding a New Chapter 11.16 Relating to Single-Use Carryout Bags and (2) Adoption of a Resolution Related to the California Environmental Quality Act (CEQA) Determination Related Thereto. Contact Person/Dept.: Helen Kerstein/PW Phone Number: (310) 253-5618 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [X] Attachments: [X] Commission Action Required: Yes [] No [X] Date: _______________ Public Notification: (E-Mail) Agenda and Meetings – City Council (05/07/13); (Mail) Approx. 72 Potentially Affected Businesses (04/25/13); (Published) Culver City News (05/02/13); 05/09/13); (Mail) Chamber of Commerce (04/25/13); (Mail) Downtown Business Association (04/25/13); (Mail) Californians Against Waste (04/25/13); (Mail) Heal the Bay (04/25/13); (Mail) Seventh Generation Advisors (04/25/13); (Mail) Surfrider Foundation, West LA/Malibu Chapter (04/25/13); (Mail) Environment California (04/25/13); (Mail) Clean Water Action/Clean Water Fund (04/25/13); (Mail) American Chemistry Council; (04/25/13); (Mail) California Grocers Association (04/25/13); (Mail) Command Packaging (04/25/13); (Mail) Ballona Creek Renaissance (04/25/13); (Mail) Santa Monica Baykeepers (04/25/13); (E-Mail) Sustainability and Environmental Issues Listserv (04/25/13); (E-mail or Mail) Attendees at Community Meetings (04/25/13). Department Approval: Charles D. Herbertson (05/01/13) City Attorney Approval: Carol Schwab and Roland Miranda (05/07/13) Chief Financial Officer Approval: Jeff Muir (05/07/13) City Manager Approval: John M. Nachbar (05/07/13) RECOMMENDATION: Staff recommends the City Council 1. Introduce an ordinance amending the Culver City Municipal Code by adding a new Chapter 11.16 relating to single-use carryout bags; and, 2. Adopt a resolution adopting an Addendum to the Los Angeles County Final Environmental Impact Report (FEIR) and a Statement of Overriding Considerations. BACKGROUND: On December 10, 2012, the City Council directed staff to proceed with drafting a proposed ordinance similar to Los Angeles County’s Single-Use Carryout Bag Ordinance, which bans single-use plastic bags and imposes a fee on single-use City of Culver City, California Agenda Item Report paper bags. The City Council also authorized staff to retain a consultant to prepare an Addendum to Los Angeles County’s FEIR and directed staff to work with the Sustainability Subcommittee (Subcommittee) on the details of the proposed ordinance and outreach plan. Consistent with the City Council’s direction, staff met with the Subcommittee on January 9, 2013. The Subcommittee suggested minor modifications to the Los Angeles County’s Ordinance and provided input on the public outreach efforts, including recommending that the Public Works Department hold two public meetings, post information on the City’s website, and notice interested parties. The Subcommittee also concurred with staff’s recommendation for retaining a consultant to prepare the Addendum to Los Angeles County’s FEIR. Since then, the City Attorney’s Office has drafted the proposed ordinance (Attachment 1) and the Public Works Department has conducted two public meetings: one at the Senior Center on April 16 and the other at City Hall on April 20. At these meetings, there were a number of questions about the content of the proposed ordinance. Additionally, one attendee at the second meeting expressed concerns about reusable bag hygiene-issues and potential contributions to store theft, among other things.|1010| Written comment cards were made available at both meetings. Two comment cards were submitted: one was supportive and suggested additional meetings and the other expressed a continued desire for single-use plastic bags to enable the author to reuse them for lunch bags and other uses. In addition to the public meetings, the Public Works Department has prepared an informational page for the City’s website that includes answers to frequently asked questions and has conducted public notification as shown on the first page of this report. Finally, the City’s consultant, Rincon Consultants, Inc., has prepared the Addendum to Los Angeles County’s FEIR (see Attachment 3). Accordingly, staff is now returning to the City Council to present the proposed ordinance for consideration as well as for the City Council’s consideration of the adoption of a proposed resolution certifying an Addendum to the Los Angeles County FEIR (which includes a Mitigation Monitoring Program) and adopting a Statement of Overriding Considerations. If the City Council takes these actions tonight, staff will return at the next available opportunity to request adoption of the ordinance. |1010| Hygiene issues associated with reusable bags have been raised by others, most notably in an unpublished University of Pennsylvania Law School Institute for Law and Economics study titled “Grocery Bag Bans and Foodborne Illness.” The San Francisco Public Health Officer issued a memo responding to this study and pointing out some of its limitations. However, regardless of the validity of this study, it is always advisable to practice good hygiene and to wash bags regularly. It is also desirable to use produce and product bags to separate unpackaged items like fresh fruit or raw meat and prevent possible cross contamination. City of Culver City, California Agenda Item Report DISCUSSION: The proposed ordinance, included as Attachment 1, proposes to ban the issuance of plastic single-use carryout bags (excluding product and produce bags) and requires that covered stores impose a minimum 10 cent charge on each recyclable paper carryout bag. These charges are retained by the stores. Low income customers participating in either the Special Supplemental Food Program for Women, Infants, and Children (WIC) or in the CalFresh/Supplemental Nutrition Assistance Program (SNAP) are exempted from these charges. The proposed ordinance covers the following types of stores (approx. 72 retailers in Culver City are anticipated to meet these criteria): 1. A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or non-food items and some perishable items; or, 2. A store of at least 10,000 square feet of retail space that generates sales or use tax and that has a pharmacy; or 3. A drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a license issued by the Department of Alcoholic Beverage Control. In order to allow sufficient time for businesses to use up their existing inventory of bags and to adjust to the requirements of the proposed ordinance, its implementation is proposed to be phased in. Larger stores will be given six months from the effective date of the proposed ordinance (approximately 210 days after the date of adoption of the proposed ordinance by the City Council) to comply, whereas smaller stores will be given twelve months from the effective date of the proposed ordinance (approximately 395 days after the date of adoption of the proposed ordinance by the City Council). The proposed ordinance is very similar to the Los Angeles County Ordinance. The minor modifications that are proposed include: 1) Requiring retailers to post signage clearly indicating the per bag charge for recyclable paper carryout bags so customers are not surprised by the charges. 2) Replacing the quarterly reporting requirement with a requirement that stores keep records and make them available to the City upon request. This should reduce the reporting burden on stores and staff time required for oversight. 3) Specifying a minimum charge of 10 cents rather than a charge of exactly 10 cents. This will allow stores flexibility to charge more than 10 cents for each City of Culver City, California Agenda Item Report recyclable paper bag, recognizing that some stores may pay more than 10 cents for the bags they provide to customers. 4) Enabling the minimum 10 cent charge to be increased by resolution. This change will make it easier for the City Council to raise the charge if it elects to do so at a future date (for example, if the minimum 10 cent charge is no longer effective at achieving the desired reductions in bag use due to inflation or other factors). 5) Changing the effective date of the proposed ordinance and the account for depositing fines. These minor modifications have the support of the Sustainability Subcommittee and were found in the Addendum to the FEIR to have no impact on the environmental determination. ENVIRONMENTAL DETERMINATION: Los Angeles County developed a comprehensive FEIR (available on the City’s website) prior to adopting its Ordinance in November 2010. The County’s FEIR analysis included all 88 incorporated cities in the County as well as the unincorporated areas, thus facilitating the use of this FEIR as a foundation for the environmental review supporting similar Ordinances across the County. As Culver City’s proposed ordinance is based on the County’s Ordinance, the City’s environmental consultant, Rincon Consultants, Inc., prepared an Addendum to the County’s FEIR (Attachment 3) pursuant to the California Environmental Quality Act (CEQA) guidelines. Culver City’s Addendum analyzes the potential environmental effects related to the categories identified in the County’s FEIR as having potential to result in significant environmental impacts: air quality, biological resources, greenhouse gas emissions, hydrology and water quality, and utilities and service systems. Consistent with the County’s FEIR, the Addendum determined that there were either less than significant or beneficial environmental impacts related to air quality, biological resources, hydrology and water quality utilities and service systems. With regard to greenhouse gas emissions, the Addendum noted that there is a potentially significant impact from “end of life” emissions/landfill degradation and indicated that Mitigation Measure MM-GHG-1 is required. This determination, which mirrors the determination made in the County’s FEIR, is based on a very conservative analysis. As the Addendum describes, the greenhouse gas emission impacts from the project fall well below the South Coast Air Quality Management District threshold for project level significance (0.058 metric tons vs. 4.8 metric City of Culver City, California Agenda Item Report tons).|1010| However, in an abundance of caution and recognizing that the City of Long Beach faced legal challenges when it deviated from this approach, staff and the City’s environmental consultant recommend the City Council adopt a resolution certifying an Addendum to the Los Angeles County FEIR (including a Mitigation Monitoring Program) and adopting a Statement of Overriding Considerations along with its introduction of the proposed ordinance. FISCAL ANALYSIS: Some staff time will be required for enforcement of the proposed ordinance, which is anticipated to be undertaken by the Public Works Department. Staff does not anticipate a large amount of non-compliance and associated enforcement burden. However, in the event that there are more enforcement issues than expected, reconsideration of the impact on workload may be necessary. Enforcement is associated with monetary penalties, which should offset some or all of the additional costs associated with the enforcement of the proposed ordinance. ATTACHMENTS: 1. Proposed Ordinance 2. Proposed Resolution 3. Addendum FEIR, including a Mitigation Monitoring Program MOTIONS: That the City Council: 1. Introduce an ordinance amending the Culver City Municipal Code adding a new Chapter 11.16 relating to single-use carryout bags; and, 2. Adopt a resolution certifying an Addendum to the Los Angeles County Final Environmental Impact Report (FEIR) and adopting a Statement of Overriding Considerations. |1010| This threshold had not yet been set at the time of the County’s adoption of its FEIR. MEETING DATE: 05/13/2013 AGENDA ITEM: Introduction of an Ordinance Adding a New Chapter 11.16 Relating to Single-Use Carryout Bags and Adoption of a Resolution Related to the California Environmental Quality Act (CEQA) Determination. ATTACHMENTS Pages 1 Ordinance 1 - 6 2 Resolution 7 - 77 3 Addendum FEIR, including Mitigation Monitoring Program 78 - 132 12345678910 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS ORDINANCES TO BAN PLASTIC CARRYOUT BAGS IN LOS ANGELES COUNTY (SCH # 2009111104) Prepared For: County of Los Angeles Department of Public Works Environmental Programs Division 900 South Fremont Avenue, 3rd Floor Alhambra, California 91803 Prepared By: Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 November 3, 2010 11 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Table of Contents.doc Page i TABLE OF CONTENTS SECTION PAGE I. INTRODUCTION..........................................................................................................I-1 I.A Certification .........................................................................................................I-1 I.B Description of Recommended Ordinances / Alternative 5.....................................I-2 I.C Statement of Project Objectives ..........................................................................I-3 I.D Background .........................................................................................................I-3 I.D.1 Contribution of Plastic Carryout Bags to Litter Stream..............................I-3 I.D.2 County Motion.........................................................................................I-5 I.D.2.1 The County’s Solid Waste Management Function in the Unincorporated County Area................................................I-6 I.D.2.2 The County’s Solid Waste Management Function Countywide....I-6 I.D.3 Carryout Bag Bans and Fees....................................................................I-7 I.E Existing Conditions.............................................................................................I-11 I.E.1 Plastic Carryout Bags............................................................................I-11 I.E.2 Paper Bags............................................................................................I-13 I.E.3 Reusable Bags.........................................................................................I-14 I.E.4 Voluntary Single Use Bag Reduction and Recycling Program ................I-15 I.F EIR Process.........................................................................................................I-16 I.G General Findings..............................................................................................I-17 II. POTENTIAL ENVIRONMENTAL EFFECTS THAT ARE NOT SIGNIFICANT .....................II-1 II.A Aesthetics..........................................................................................................II-1 II.B Agriculture and Forestry Resources....................................................................II-1 II.C Air Quality........................................................................................................II-2 II.D Biological Resources..........................................................................................II-3 II.E Cultural Resources...............................................................................................II-4 II.F Geology and Soils ...............................................................................................II-4 II.G Hazards and Hazardous Materials .......................................................................II-5 II.H Hydrology and Water Quality............................................................................II-5 II.I Land Use and Planning......................................................................................II-6 II.J Mineral Resources...............................................................................................II-6 II.K Noise................................................................................................................II-7 II.L Population and Housing ....................................................................................II-7 II.M Public Services..................................................................................................II-7 II.N Recreation...........................................................................................................II-8 II.O Traffic and Transportation..................................................................................II-8 II.P Utilities and Service Systems ...............................................................................II-9 III. POTENTIAL ENVIRONMENTAL EFFECTS THAT CAN BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE ................................................................III-1 IV. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS THAT CANNOT BE MITIGATED TO BELOW THE LEVEL OF IGNIFICANCE..........................................IV-1 IV.A Greenhouse Gas Emissions.................................................................................IV-1 12 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Table of Contents.doc Page ii V. FINDINGS REGARDING ALTERNATIVES ....................................................................V-1 V.A No Project Alternative .........................................................................................V-6 V.B Alternative 1: Ban Plastic and Paper Carryout Bags in Los Angeles County...........V-7 V.C Alternative 2: Ban Plastic Carryout Bags and Impose a Fee on Paper Carryout Bags in Los Angeles County .....................................................................V-8 V.D Alternative 3: Ban Plastic Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County...............................................................................V-10 V.E Alternative4: Ban Plastic and Paper Carryout Bags for all Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County ......................................................V-12 V.F Alternative 5: Ban Plastic Carryout Bags and Impose a Fee on Paper Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County...................V-14 V.G Proposed Ordinances (Originally Proposed Project)...........................................V-16 VI. FINDINGS REGARDING MITIGATION MONITORING PROGRAM............................VI-1 VI.A Requirements of Mitigation Monitoring Program.................................................VI-1 VII. FINDINGS REGARDING LOCATION AND CUSTODIAN OF DOCUMENTS ...............VII-1 VII.A Location and Custodian of Documents...............................................................VII-1 VIII. CERTIFICATION REGARDING INDEPENDENT JUDGMENT .......................................VIII-1 IX. STATEMENT OF OVERRIDING CONSIDERATIONS....................................................IX-1 IX.A Adverse Environmental Risks............................................................................IX-1 IX.B Overriding Considerations................................................................................IX-3 X. FINDINGS ....................................................................................................................X-1 TABLES PAGE V-1 Ability of the Proposed Ordinances and Alternatives to Attain Project Objectives ..........V-2 V-2 Comparative Analysis of Impacts for the Proposed Ordinances and Alternatives...............V-4 13Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-1 SECTION I INTRODUCTION An Environmental Impact Report (EIR) was prepared by the County of Los Angeles (County) to evaluate potential environmental effects that would result from the proposed Ordinances to Ban Plastic Carryout Bags in Los Angeles County (proposed ordinances) and a reasonable range of alternatives. The EIR was prepared in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended (California Public Resources Code, Section 21000 et seq.) and State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). Alternative 5, the recommended Ordinance to Ban Plastic Carryout Bags and Impose a Fee on Paper Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County (recommended ordinances), as evaluated in Section 4.2.6 of the EIR (see Section 12.2, Clarifications and Revisions, of the EIR), was recommended for adoption by the County of Los Angeles Board of Supervisors. I.A CERTIFICATION FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ORDINANCES TO BAN PLASTIC CARRYOUT BAGS IN LOS ANGELES COUNTY (STATE CLEARINGHOUSE NUMBER 2009111104) The County hereby certifies the EIR for the Ordinances to Ban Plastic Carryout Bags in Los Angeles County, County of Los Angeles, California, State Clearinghouse Number 2009111104. The EIR consists of Volume I: Draft EIR, dated June 2010; Volume II: Technical Appendices to the Draft EIR, dated June 2010; and Volume III: Final EIR, dated October 2010. The EIR has been completed in compliance with the CEQA; the State CEQA Guidelines; the County of Los Angeles General Plan; and all applicable federal, state, and local statutes and regulations that govern the management of environmental resources. The County of Los Angeles Board of Supervisors has received, reviewed, and considered the information contained in the Final EIR, all hearings, and submissions of testimony from officials representing the County of Los Angeles, as well as from other agencies, organizations, and private individuals with a particular vested interest in the proposed ordinances. In accordance with CEQA Guidelines Section 15090, the County of Los Angeles, as lead agency pursuant to CEQA, certifies the following: (a) The Final EIR has been completed in compliance with CEQA (b) The Final EIR was presented to the Board of Supervisors, and the Board of Supervisors, as the decision-making body for the County of Los Angeles, reviewed and considered the information contained in the Final EIR prior to approving the project (c) The Final EIR reflects the County of Los Angeles’s independent judgment and analysis The County has exercised independent judgment in accordance with Public Resources Code Section 21082.1(c) in retaining its own environmental consultant, directing the consultant in preparation of the EIR, and reviewing, analyzing, and revising material prepared by the consultant. These Findings of Fact (Findings) and Statement of Overriding Considerations have been prepared in accordance with CEQA and the State CEQA Guidelines. The purpose of these Findings is to satisfy the requirements of Public Resources Code Section 21081 and Title 14 California Code of Regulations Sections 15090, 15091, 15092, 15093, and 15097 of the State CEQA Guidelines, in connection with the 14Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-2 approval of an alternative to the proposed ordinance, which is to adopt an ordinance to ban the issuance of plastic carryout bags and impose a fee or charge on the issuance of paper carryout bags for all supermarkets and other grocery stores, convenience stores, pharmacies, and drug stores in the County. Having received, reviewed, and considered the foregoing information, and recommendations of the County staff, including the Chief Executive Office and the Department of Public Works, as well as any and all other information in the record, and Section I herein, the County hereby makes Findings pursuant to and in accordance with Section 21081 of the Public Resources Code as presented in Sections II through X of these Findings of Fact and Statement of Overriding Considerations. I.B DESCRIPTION OF RECOMMENDED ORDINANCES / ALTERNATIVE 5 The recommended County ordinance, identified and analyzed as Alternative 5 in the EIR, will ban the issuance of plastic carryout bags and place a fee or charge on the issuance of paper carryout bags at certain retail establishments in the unincorporated territories of the County. The County will also encourage the County’s 88 incorporated cities to adopt similar ordinances. The County provided a detailed analysis of impacts from adoption of the recommended County ordinance in combination with adoption of similar ordinances by the 88 incorporated cities in the County in Section 4.2.6 of the EIR. The recommended County ordinance aims to significantly reduce the number of carryout bags that are disposed of or that enter the litter stream by ensuring that certain retail establishments located in the County will not distribute or make available to customers any plastic carryout bags, including compostable and biodegradable plastic carryout bags. The recommended County ordinance will ban the issuance of plastic carryout bags and place a fee or charge on the issuance of paper carryout bags by any retail establishment, as defined, that is located in the unincorporated territory of the County. The recommended County ordinance will impose a $0.10 charge (which satisfies the minimum of $0.05 that was studied in Alternative 5 in the EIR) on the issuance of paper carryout bags, which will be called "recyclable paper carryout bags," and will require that the bags be 100 percent recyclable overall and contain a minimum of 40 percent post-consumer recycled material, among other criteria. The recommended ordinance will require a store to provide or make available to a customer only reusable bags or recyclable paper carryout bags. The recommended ordinance also will encourage each store to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags. The retail establishments that will be affected by the recommended ordinance are located within the unincorporated area of the County and meet the following criteria: (1) A full-line, self-service retail store with gross annual sales of 2 million dollars ($2,000,000) or more that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; (2) A store of at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or (3) A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. 15Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-3 The recommended County ordinance will also include a performance standard for reusable bags, which among other things, will require reusable bags to have a minimum lifetime of 125 uses and be machine washable. The recommended County ordinance will also include a phased approach, where the ordinance will apply to large grocery stores and pharmacies before applying to smaller grocery stores, convenience stores, and drug stores. The recommended County ordinance also prescribes procedures so affected retail establishments can report on a quarterly basis the number of recyclable paper carryout bags provided to customers. I.C STATEMENT OF PROJECT OBJECTIVES The County is seeking to substantially reduce the operational cost and environmental degradation associated with the use of plastic carryout bags in the County, particularly the component of the litter stream composed of plastic bags, and reduce the associated government funds used for prevention, clean-up, and enforcement efforts. The County has identified five goals of the recommended ordinances, listed in order of importance: (1) litter reduction, (2) blight prevention, (3) coastal waterways and animal and wildlife protection, (4) sustainability (as it relates to the County’s energy and environmental goals), and (5) landfill disposal reduction. The ordinance program has six objectives: • Conduct outreach to all 88 incorporated cities of the County to encourage adoption of comparable ordinances • Reduce the Countywide consumption of plastic carryout bags from the estimated 1,600 plastic carryout bags per household in 2007, to fewer than 800 plastic bags per household in 2013 • Reduce the Countywide contribution of plastic carryout bags to litter that blights public spaces Countywide by 50 percent by 2013 • Reduce the County’s, cities’, and Flood Control District’s costs for prevention, cleanup, and enforcement efforts to reduce litter in the County by $4 million • Substantially increase awareness of the negative impacts of plastic carryout bags and the benefits of reusable bags, and reach at least 50,000 residents (5 percent of the population) with an environmental awareness message • Reduce Countywide disposal of plastic carryout bags in landfills by 50 percent from 2007 annual amounts The recommended ordinances meet all of these objectives. I.D BACKGROUND I.D.1 Contribution of Plastic Carryout Bags to Litter Stream The California Integrated Waste Management Board (CIWMB) estimates that plastic grocery and other merchandise bags make up 0.4 percent of California’s overall disposed waste stream by weight, but have been shown to make a more significant contribution to litter, particularly within catch basins.|1010| The City of San Francisco Litter Audit in 2008 showed that plastic materials were the second most 1 California Environmental Protection Agency, Integrated Waste Management Board. December 2004. “Table ES-3: Composition of California’s Overall Disposed Waste Stream by Material Type, 2003.” Contractor’s Report to the Board: Statewide Waste Characterization Study, p. 6. Produced by: Cascadia Consulting Group, Inc. Berkeley, CA. Available at: http://www.ciwmb.ca.gov/Publications/default.asp?pubid=1097 16Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-4 prevalent form of litter, with 4.7 percent of all litter collected being unidentified miscellaneous plastic litter, and branded plastic retail bags constituting 0.6 percent of the total number of large litter items collected.|1010| As an example of the prevalence of plastic bag litter found in catch basins, during the Great Los Angeles River Clean Up, which collected trash from 30 catch basins in the Los Angeles River, it was observed that 25 percent by weight and 19 percent by volume of the trash collected consisted of plastic bags.|1010| Results of a California Department of Transportation (Caltrans) study of catch basins alongside freeways in Los Angeles indicated that plastic film composed 7 percent by mass and 12 percent by volume of the total trash collected. 4 County Flood Control District staff have photographed carryout bags in the catch basins and storm drains.|1010| According to research conducted by the Los Angeles County Department of Public Works (LACDPW), approximately 6 billion plastic carryout bags are consumed in the County each year, which is equivalent to approximately 1,600 bags per household per year. 6,7,8 Public agencies in California spend more than $375 million each year for litter prevention, cleanup, and disposal.|10 10| The County of Los Angeles Flood Control District alone spends more than $18 million annually for prevention, cleanup, and enforcement efforts to reduce litter. 10,11,12,13 In 2008–2009, the most recent data available, the County Flood Control District spent over $24 million on these activities. 14 2 City of San Francisco, San Francisco Environment Department. 2008. The City of San Francisco Streets Litter Re-audit. Prepared by: HDR; Brown, Vence & Associates, Inc.; and MGM Management Environmental and Management Service. San Francisco, CA. Available at: http://www.sfenvironment.org/downloads/library/2008_litter_audit.pdf 3 City of Los Angeles. 18 June 2004. Characterization of Urban Litter. Prepared by: Ad Hoc Committee on Los Angeles River and Watershed Protection Division. Los Angeles, CA. |1010| Combs, Suzanne, John Johnston, Gary Lippner, David Marx, and Kimberly Walter. 2001. Results of the Caltrans Litter Management Pilot Study. Sacramento, CA: California Department of Transportation. Available at: http://www.owp.csus.edu/research/papers/papers/PP020.pdf |1010| County of Los Angeles. 2010. Photographs of Catch Basins in Los Angeles County provided to Sapphos Environmental, Inc. by the County of Los Angeles Flood Control District. Available for viewing at Sapphos Environmental, Inc. Headquarters, Pasadena, CA. 6 California Integrated Waste Management Board. 12 June 2007. Board Meeting Agenda, Resolution: Agenda Item 14. Sacramento, CA. |1010| U.S. Census Bureau. 2000. “State & County Quick Facts: Los Angeles County, California.” Available at: http://quickfacts.census.gov/qfd/states/06/06037.html |1010| At an average of slightly fewer than three persons per household. 9 California Department of Transportation. Accessed on: September 2009. “Facts at a Glance.” Don’t Trash California. Available at: http://www.donttrashcalifornia.info/pdf/Statistics.pdf 10 Los Angeles County Municipal Storm Water Permit (Order 01-182) Individual Annual Report Form. October 2009. Available at: http://dpw.lacounty.gov/wmd/NPDESRSA/AnnualReport/2009/Appendix%20D%20- %20Principal%20Permittee%20Annual%20Report/Principal%20Permittee%20Annual%20Report.pdf 11 Los Angeles County Municipal Storm Water Permit (Order 01-182) Individual Annual Report Form. October 2008. Available at: http://dpw.lacounty.gov/wmd/NPDESRSA/AnnualReport/2008/Appendix%20D%20- %20Principal%20Permittee%20Annual%20Report/Principal%20Permittee%20&%20County%20Annual%20Report%20 FY07-08.pdf 12 Los Angeles County Municipal Storm Water Permit (Order 01-182) Individual Annual Report Form. October 2007. Available at: http://dpw.lacounty.gov/wmd/NPDESRSA/AnnualReport/2007/Appendix%20D%20- %20Principal%20Permittee%20Annual%20Report/Annual%20Rpt%2006-07.pdf 13 Los Angeles County Municipal Storm Water Permit (Order 01-182) Individual Annual Report Form. October 2006. Available at: http://dpw.lacounty.gov/wmd/NPDESRSA/AnnualReport/2006/Appendix%20D%20- %20Principal%20Permittee%20Annual%20Report/PrincipalPermittee_AnnualReportFY05-06.pdf 14 Los Angeles County Municipal Storm Water Permit (Order 01-182) Individual Annual Report Form. October 2009. Available at: http://dpw.lacounty.gov/wmd/NPDESRSA/AnnualReport/2009/Appendix%20D%20- %20Principal%20Permittee%20Annual%20Report/Principal%20Permittee%20Annual%20Report.pdf 17Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-5 In addition, the County has obtained survey data from employees at solid waste facilities within the County that indicate that plastic carryout bags pose serious operational problems for landfills. 15 All survey respondents stated that plastic carryout bags cause serious litter issues due to their lightweight nature and propensity to become airborne. 16 Each survey respondent indicated that it was costly and time consuming to provide cleanup crews to address the plastic bag litter problem in neighborhoods in County unincorporated and incorporated areas that are adjacent to the landfills. 17 I.D.2 County Motion On April 10, 2007, the County Board of Supervisors instructed the County Chief Administrative Officer to work with the Director of Internal Services and the Director of Public Works to solicit input from outside environmental protection and grocer organizations related to three areas and report their findings and accomplish the following: 1. Investigate the issue of polyethylene plastic and paper sack consumption in the County, including the pros and cons of adopting a policy similar to that of San Francisco; 2. Inventory and assess the impact of the current campaigns that urge recycling of paper and plastic sacks; and 3. Report back to the Board of Supervisors on findings and recommendations to reduce grocery and retail sack waste, any impact an ordinance similar to the one proposed in San Francisco would have on recycling efforts in Los Angeles County, and any unintended consequences of the ordinance. 18,19 In response to the directive of the Board of Supervisors, the LACDPW prepared and submitted a staff report, An Overview of Carryout Bags in Los Angeles County, (LACDPW Report) in August 2007. 20 The LACDPW Report made four key findings: 1. Plastic carryout bags have been found to significantly contribute to litter and have other negative impacts on marine wildlife and the environment. 2. Biodegradable carryout bags are not a practical solution to this issue in the County because there are no local commercial composting facilities able to process the biodegradable carryout bags at this time. 3. Reusable bags contribute toward environmental sustainability over plastic and paper carryout bags. 15 County of Los Angeles Department of Public Works. 2007. Survey: All Solid Waste Facilities: Plastic Bag Analysis for the County of Los Angeles. Los Angeles, CA. 16 County of Los Angeles Department of Public Works. 2007. Survey: All Solid Waste Facilities: Plastic Bag Analysis for the County of Los Angeles. Los Angeles, CA. 17 County of Los Angeles Department of Public Works. 2007. Survey: All Solid Waste Facilities: Plastic Bag Analysis for the County of Los Angeles. Los Angeles, CA. 18 County of Los Angeles Board of Supervisors. 10 April 2007. Board of Supervisors Motion. Los Angeles, CA. 19 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 20 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 18Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-6 4. Accelerating the widespread use of reusable bags will diminish plastic bag litter and redirect environmental preservation efforts and resources toward “greener” practices. 21 I.D.2.1 The County's Solid Waste Management Function in the Unincorporated County Area The County is responsible for numerous solid waste management functions throughout the County, pursuant to the California Integrated Waste Management Act of 1989 [Assembly Bill (AB) 939]. 22 • Implements source reduction and recycling programs in the unincorporated County areas to comply with the State of California’s 50-percent waste reduction mandate. In 2004, the County was successful in documenting a 53-percent waste diversion rate for the unincorporated County areas. • Operates seven Garbage Disposal Districts providing solid waste collection, recycling, and disposal services for over 300,000 residents. • Implements and administers a franchise solid waste collection system which, once fully implemented, will provide waste collection, recycling, and disposal services to over 700,000 residents, and will fund franchise area outreach programs to enhance recycling and waste reduction operations in unincorporated County areas that formerly operated under an open market system. I.D.2.2 The County's Solid Waste Management Function Countywide • Implements a variety of innovative Countywide recycling programs, including: Smart Gardening to teach residents about backyard composting and water wise gardening; Waste Tire Amnesty for convenient waste tire recycling; the convenient Environmental Hotline and Environmental Resources Internet Outreach Program; interactive Youth Education/Awareness Programs; and the renowned Household Hazardous/Electronic Waste Management and Used Oil Collection Programs. • Prepares and administers the Countywide Siting Element, which is a planning document that provides for the County’s long-term solid waste management disposal needs. • Administers the Countywide Integrated Waste Management Summary Plan which describes how all 89 of the jurisdictions Countywide, acting independently and collaboratively, are complying with the State’s waste reduction mandate. • Provides staff for the Los Angeles County Solid Waste Management Task Force (Task Force). The Task Force is comprised of appointees from the League of California Cities, the County Board of Supervisors, the City of Los Angeles, solid waste industries, environmental groups, governmental agencies, and the private sector. The County performs the following Task Force functions: Reviews all major solid waste planning documents prepared by all 89 jurisdictions prior to their submittal to the California Integrated Waste Management Board; 21 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors, p. 1. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 22 California State Assembly. Assembly Bill 939, “Integrated Waste Management Act,” Chapter 1095. 19Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-7 Assists the Task Force in determining the levels of needs for solid waste disposal, transfer and processing facilities; and Facilitates the development of multi-jurisdictional marketing strategies for diverted materials. 23 I.D.3 Carryout Bag Bans and Fees The State of California considered placing a ban on the issuance of plastic carryout bags under AB 1998. There are currently four local governments in California that have imposed bans on plastic carryout bags: City and County of San Francisco, City of Malibu, Town of Fairfax, and City of Palo Alto. In addition, there is a plastic carryout bag fee ordinance in effect in the District of Columbia. Assembly Bill 1998 AB 1998 was introduced in February 2010 to prohibit convenience food stores, foodmarts, and certain specified stores in California from providing plastic carryout bags to customers. Originally, the bill would have required a store, beginning on July 1, 2011, to provide only reusable bags, as defined, or to make recycled paper bags available for sale at a reasonable cost, but not for less than $0.25. AB 1998 would have preempted local regulations on the use and sales of reusable bags, plastic carryout bags, and recycled paper bags. AB 1998 underwent revisions throughout the legislative process that changed certain provisions in the bill, including changing the $0.25 fee to the actual average cost of the recycled paper bag provided to the consumer, rounded to the nearest penny. 24 Supporters of the bill included Californians Against Waste, Heal the Bay, California Grocers Association, California League of Conservation Voters, over 20 California cities, Communities for a Better Environment, the County of Los Angeles and five other California counties, Environment California, certain paper and plastic bag manufacturers, and a number of other environmental, business, and commerce groups. 25 Opposers of AB 1998 included the American Chemistry Council and two plastic bag manufacturers (Crown Poly, Inc. and Command Packaging) who, as part of the Save the Plastic Bag Coalition, sued the County over its voluntary Single Use Bag Reduction and Recycling Program. In August 2010, the American Chemistry Council, Exxon, and Hilex Poly Co., a South Carolina–based bag manufacturer, made a series of campaign donations to certain California lawmakers. 26 AB 1998 failed to achieve the number of votes required to pass the State Senate on August 31, 2010, and is currently not under consideration in California. City and County of San Francisco The City and County of San Francisco adopted an ordinance to ban non-compostable plastic carryout bags, which became effective on November 20, 2007. 27 This ordinance, known as the Plastic Bag 23 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors, Preface. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 24 Assembly Bill No. 1998. Amended in Senate August 27, 2010. Available at: http://www.leginfo.ca.gov/pub/09- 10/bill/asm/ab_1951-2000/ab_1998_bill_20100827_amended_sen_v94.pdf 25 Californians Against Waste. Accessed on: October 2010. AB 1998 (Brownley): Plastic Bag Ban. Available at: http://www.cawrecycles.org/issues/current_legislation/ab1998_10 26 Ferriss, Susan. 26 August 2010. “Plastic-bag backers donate to California lawmakers ahead of bill’s vote.” The Sacramento Bee. Available at: http://www.sacbee.com/2010/08/26/2983643/plastic-bag-backers-donate-to.html 27 City and County of San Francisco. “Plastic Bag Reduction Ordinance.” Web site. Available at: http://www.sfgov.org/site/sf311csc_index.asp?id=71355 20Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-8 Reduction Ordinance, stipulates that all stores shall provide only the following as checkout bags to customers: recyclable paper bags, compostable plastic carryout bags, and/or reusable bags. 28 The ordinance further defines stores as a retail establishment located within the geographical limits of the City and County of San Francisco that meets either of the following requirements: (1) A full-line, self-service supermarket with gross annual sales of 2 million dollars ($2,000,000) or more, which sells a line of dry grocery, canned goods, or nonfood items and some perishable items. For purposes of determining which retail establishments are supermarkets, the City shall use the annual updates of the Progressive Grocer Marketing Guidebook and any computer printouts developed in conjunction with the guidebook. (2) A retail pharmacy with at least five locations under the same ownership within the geographical limits of San Francisco. Since adoption of the ordinance, initial feedback from the public has been positive and the use of reusable bags has increased. 29 There have been no reported negative public health issues (salmonella, e. coli, food poisoning, etc.) related to the increased use of reusable bags. 30 As a result of the ordinance, San Francisco has not noted an increase in the number of waste discharge permits or air quality permits required for paper bag manufacturing in the district, nor has there been a noticeable increase in traffic congestion in proximity to major supermarkets due to increased paper bag delivery trucks. 31 San Francisco has also not noticed any increase in eutrophication in waterways due to increased use of paper bags. 32 San Francisco has not noted any adverse environmental impacts due to paper carryout bag manufacturing, because there are no facilities located in San Francisco that manufacture paper carryout bags. Although no studies have been performed to document the potential impacts of the ordinance upon plastic carryout bag litter in storm drains, field personnel from the San Francisco Public Utilities Commission have noted a reduction in the amount of plastic carryout bags in catch-basins and have noted that fewer bags are now being entangled in equipment, which can often slow or stop work in the field. 33 City of Malibu On May 27, 2008, the City of Malibu adopted an ordinance banning plastic carryout bags: Chapter 9.28.020, Ban on Shopping Bags, provides that no affected retail establishment, restaurant, vendor or nonprofit vendor shall provide plastic bags or compostable plastic bags to customers. 34 Further, this 28 San Francisco Environment Code, Chapter 17, Section 1703. 29 Galbreath, Rick, County of San Francisco, California. 10 May 2010. Telephone conversation with Angelica SantaMaría, County of Los Angeles, Department of Public Works, Alhambra, California. 30 Galbreath, Rick, County of San Francisco, California. 10 May 2010. Telephone conversation with Angelica SantaMaría, County of Los Angeles, Department of Public Works, Alhambra, California. 31 Galbreath, Rick, County of San Francisco, California. 10 May 2010. Telephone conversation with Angelica SantaMaría, County of Los Angeles, Department of Public Works, Alhambra, California. 32 Galbreath, Rick, County of San Francisco, California. 10 May 2010. Telephone conversation with Angelica SantaMaría, County of Los Angeles, Department of Public Works, Alhambra, California. 33 Hurst, Karen, San Francisco Public Utilities Commission, California. 18 May 2010. Telephone conversation with Luke Mitchell, County of Los Angeles, Department of Public Works, Alhambra, California. 34 Malibu Municipal Code, Title 9, “Public Peace and Welfare,” Chapter 9.28, “Ban on Shopping Bags,” Section 9.28.020. 21Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-9 same section of the ordinance prohibits any person from distributing plastic carryout bags or compostable plastic carryout bags at any City facility or any event held on City property. Since the adoption of this ordinance, the City of Malibu has noted a generally positive reaction from the public and an increase in the use of reusable bags. 35 City of Palo Alto On March 30, 2009, the City of Palo Alto adopted an ordinance banning plastic carryout bags: Chapter 5.35 of Title 5, Health and Sanitation, of the Palo Alto Municipal Code provides that all supermarkets in the City of Palo Alto will only provide reusable bags and/or recyclable paper bags. Retail establishments in the City of Palo Alto are required to provide paper bags either as the only option for customers, or alongside the option of plastic bags. 36 If the retail establishment offers a choice between paper and plastic, the ordinance requires that the customer be asked whether he or she requires or prefers paper bags or plastic bags. 37 All retail establishments and supermarkets were to comply with the requirements of this ordinance by September 18, 2009. Since the adoption of this ordinance, the City of Palo Alto has received a mostly positive reaction from the public. Due to the lack of available baseline data and the fact that the ordinance is relatively recent, the City of Palo Alto has not been able to quantify the potential increase in use of reusable bags. 38 Town of Fairfax The Town of Fairfax, pursuant to Ordinance No. 722, requires that all stores, shops, eating places, and retail food vendors, as defined, shall provide only recyclable paper bags, reusable bags, or compostable plastic bags as checkout bags to customers at the point of sale. 39 With respect to compostable plastic bags, the ordinance indicates, “because of the ongoing threat that compostable plastic bags pose to marine life, the permitted continued use of compostable plastic bags under Section 4 (a) shall be terminated by operation of law, three years from the date of passage of this ordinance.” 40 District of Columbia The District of Columbia adopted an ordinance that became effective on September 23, 2009, to implement the provisions of the Anacostia River Clean Up and Protection Act of 2009. The ordinance stipulates that a retail establishment shall charge each customer making a purchase from the establishment a fee of $0.05 for each disposable carryout bag provided to the customer with the purchase. 41 35 Nelson, Rebecca, City of Malibu Department of Public Works, Malibu, California. 22 April 2010. Telephone conversation with Angelica SantaMaría, County of Los Angeles, Department of Public Works, Alhambra, California. 36 Palo Alto Municipal Code, Title 5, “Health and Sanitation,” Chapter 5.35, Section 5.35.020. 37 Palo Alto Municipal Code, Title 5, “Health and Sanitation,” Chapter 5.35, Section 5.35.020. 38 Bobel, Phil, City of Palo Alto Department of Public Works, Palo Alto, California. 22 April 2010. Telephone conversation with Angelica SantaMaría, County of Los Angeles, Department of Public Works, Alhambra, California. 39 Town of Fairfax. Ordinance No. 722, Section 18.18.080. 1 August 2007. Available at: http://www.stopwaste.org/docs/fairfax_plastic_bag_ordinance.pdf 40 Town of Fairfax. Ordinance No. 722. 1 August 2007. Available at: http://www.stopwaste.org/docs/fairfax_plastic_bag_ordinance.pdf 41 District of Columbia Municipal Regulations, Title 21, Chapter 10, “Retail Establishment Carryout Bags,” Section 1001. 22Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-10 The tax, one of the first of its kind in the nation, is designed to change consumer behavior and limit pollution in the Chesapeake Bay watershed. 42 Under regulations created by the District of Columbia Department of the Environment, bakeries, delicatessens, grocery stores, pharmacies, and convenience stores that sell food, as well as restaurants and street vendors, liquor stores and "any business that sells food items," must charge the tax on paper or plastic carryout bags. The ordinance also regulates disposable carryout bags used by retail establishments. Since the adoption of this ordinance, the District of Columbia has seen a marked decrease in the number of bags consumed. In its first assessment of the new law, the District of Columbia Office of Tax and Revenue estimates that city food and grocery establishments issued about 3.3 million bags in January, which suggests a significant decrease. 43 Prior to the bag tax taking effect on January 1, 2010, the Office of the Chief Financial Officer had estimated that approximately 22.5 million bags were being issued per month in 2009. 44 Efforts Outside of the United States American Samoa American Samoa is the first United States territory to ban plastic shopping bags. The law, signed by Governor Togiola Tulafono, takes effect February 23, 2011. The U.S. Environmental Protection Agency’s (USEPA’s) regional administrator for the Pacific Southwest (Mr. Jared Blumenfeld) recently stated, “we welcome American Samoa’s leadership in the Pacific islands to ban plastic shopping bags. This action will decrease the amount of plastic waste in the territory and directly protect marine and bird life in the Pacific.” 45 The USEPA notes that other countries that have banned free plastic bags include China, Bangladesh, Australia, Italy, South Africa, Ireland, and Taiwan. Denmark In 1994, Denmark levied a tax on suppliers of both paper and plastic carryout bags. Denmark experienced an initial reduction of 60 percent in total use of disposable bags, with a slight increase in this rate over time. 46 Ireland In 2002, Ireland levied a nationwide tax on plastic shopping bags that is paid directly by consumers. Known as the “PlasTax,” the 0.15-euro levy is applied at the point-of-sale to retailers and is required to be passed on directly to the consumer as an itemized line on any invoice. The PlasTax applies to all plastic carryout bags, including biodegradable polymer bags. It does not apply to bags for fresh 42 Craig, Tim. 29 March 2010. “Bag tax raises $150,000, but far fewer bags used.” The Washington Post. Available at: http://voices.washingtonpost.com/dc/2010/03/bag_tax_raises_150000_but_far.html?wprss=dc 43 Craig, Tim. 29 March 2010. “Bag tax raises $150,000, but far fewer bags used.” The Washington Post. Available at: http://voices.washingtonpost.com/dc/2010/03/bag_tax_raises_150000_but_far.html?wprss=dc 44 Craig, Tim. 29 March 2010. “Bag tax raises $150,000, but far fewer bags used.” The Washington Post. Available at: http://voices.washingtonpost.com/dc/2010/03/bag_tax_raises_150000_but_far.html?wprss=dc 45 U.S. Environmental Protection Agency. 30 September 2010. Press Release: “U.S. EPA applauds American Samoa’s decision to ban plastic shopping bags.” Available at: http://yosemite.epa.gov/opa/admpress.nsf/0/921A87D72D9AAFC1852577AE007394F1 46 GHK Ltd. May 2007. The Benefits and Effects of the Plastic Shopping Bag Charging Scheme. Prepared for: Environmental Protection Department, Hong Kong, China. 23Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-11 produce, reusable bags sold for 0.70+ euro, or to bags holding goods sold on board a ship or plane or in an area of a port or airport exclusive to intended passengers. 47 After implementation of the PlasTax, plastic carryout bag usage in Ireland initially declined 90 to 95 percent, and subsequently leveled off closer to 75 percent of the original value. 48,49 Australia The Environmental Protection and Heritage Council in Australia has been very active in attempting to reduce plastic carryout bag use. Retailers support carryout bag reductions via a voluntary “Retailers Code.” As a result, from 2002 to 2005, plastic carryout bag use fell from 5.95 billion bags to 3.92 billion bags, and then fell again to 3.36 billion bags in 2006, which represents a 44-percent decrease over four years from voluntary activities. However, consumption of plastic carryout bags rose back up to 3.93 billion bags in 2007, a 17-percent increase from 2006. 50 Taiwan In 2003, the Taiwanese government set a direct charge to consumers as part of a wider waste-reduction initiative. The charge resulted in a 68-percent reduction in plastic carryout bag use; however, there was also a significant rate of conversion to paper bags and alternative bags. The initial ban on thin plastic carryout bags was withdrawn from application to storefront restaurants following an increase in total plastic use and problems with compliance. 51 I.E EXISTING CONDITIONS I.E.1 Plastic Carryout Bags In 1977, supermarkets began offering to customers plastic carryout bags designed for single use, and by 1996, four out of every five grocery stores were using plastic carryout bags. 52,53,54,55 Since then, plastic carryout bags have been found to contribute substantially to the litter stream and to have 47 Nolan-ITU Pty Ltd., et al. December 2002. Environment Australia: Department of the Environment and Heritage: Plastic Shopping Bags –Analysis of Levies and Environmental Impacts: Final Report, p.21. Sydney, Australia. 48 Cadman, James, Suzanne Evans, Mike Holland and Richard Boyd. August 2005. Proposed Plastic Bag Levy -- Extended Impact Assessment: Volume 1: Main Report: Final Report, p.7. Edinburgh, Scotland: Scottish Executive. 49 GHK Ltd. May 2007. The Benefits and Effects of the Plastic Shopping Bag Charging Scheme. Prepared for: Environmental Protection Department, Hong Kong, China. 50 Environment Protection and Heritage Council. April 2008. Decision Regulatory Impact Statement: Investigation of options to reduce the impacts of plastic bags. Adelaide, Australia. 51 GHK Ltd. May 2007. The Benefits and Effects of the Plastic Shopping Bag Charging Scheme. Prepared for: Environmental Protection Department, Hong Kong, China. 52 SPI: The Plastics Industry Trade Association. 2007. Web site. Available at: http://www.plasticsindustry.org/ 53 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 54 SPI: The Plastics Industry Trade Association. 2007. Web site. Available at: http://www.plasticsindustry.org/ 55 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 24Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-12 adverse effects on marine wildlife. 56,57,58,59,60,61 The prevalence of litter from plastic bags in the urban environment also compromises the efficiency of systems designed to channel storm water runoff. Furthermore, plastic bag litter leads to increased cleanup costs for the County, Caltrans, and other public agencies. 62,63,64 Plastic bag litter also contributes to environmental degradation and degradation of the quality of life for County residents and visitors. 65 In particular, the prevalence of plastic bag litter in the storm water system and coastal waterways hampers the ability of, and exacerbates the cost to, local agencies to comply with the National Pollution Discharge Elimination System and total maximum daily loads limits (TMDLs) for trash, pursuant to the federal Clean Water Act (CWA). 66,67 The CIWMB estimates that approximately 3.9 percent of plastic waste can be attributed to plastic carryout bags used for grocery and other merchandise, which represents approximately 0.4 percent of the total waste stream in California. 68,69 Several organizations have studied the effects of plastic litter: Caltrans conducted a study on freeway storm water litter; 70 the Friends of Los Angeles River conducted 56 United Nations Environment Programme. April 2009. Marine Litter: A Global Challenge. Nairobi, Kenya. Available at : http://www.unep.org/regionalseas/marinelitter/publications/docs/Marine_Litter_A_Global_Challenge.pdf 57 California Integrated Waste Management Board. 12 June 2007. Board Meeting Agenda, Resolution: Agenda Item 14. Sacramento, CA. 58 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 59 Bjorndal, K. et al. 1994. “Ingestion of marine debris by juvenile sea turtles in coastal Florida habitats.” In Marine Pollution Bulletin, 28 (3). Available at: http://accstr.ufl.edu/publications/BjorndalEtAl_1994_IngestionOfMarineDebrisByJuvenileSeaTurtlesInCostalFlorida.pdf 60 Okeanos Ocean Research Foundation. 1989. Marine Mammal and Sea Turtle Encounters with Marine Debris in the New York Bight and the Northeast Atlantic. Available at: http://swfsc.noaa.gov/publications/TM/SWFSC/NOAA-TM- NMFS-SWFSC-154_P562.PDF 61 Gomer ci c, H. et al. European Journal of Wildlife Research. 2006. “Biological aspects of Cuvier’s beaked whale (Ziphius cavirostris) recorded in the Croation part of the Adriatic Sea.” DOI 10.1007/s10344-006-0032-8 62 California Integrated Waste Management Board. 12 June 2007. Board Meeting Agenda, Resolution: Agenda Item 14. Sacramento, CA. 63 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 64 Combs, Suzanne, John Johnston, Gary Lippner, David Marx, and Kimberly Walter. 1998–2000. Caltrans Litter Management Pilot Study. Sacramento, CA: California Department of Transportation. 65 Keep America Beautiful. Accessed on: 19 October 2010. Litter Prevention. Available at: http://www.kab.org/site/PageServer?pagename=focus_litter_prevention 66 United States Code, Title 33, Section 1313, “Water Quality Standards and Implementation Plans.” Clean Water Act, Section 303(d). 67 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 68 California Environmental Protection Agency, Integrated Waste Management Board. December 2004. “Table ES-3: Composition of California’s Overall Disposed Waste Stream by Material Type, 2003.” Contractor’s Report to the Board: Statewide Waste Characterization Study, p. 6. Produced by: Cascadia Consulting Group, Inc. Berkeley, CA. Available at: http://www.ciwmb.ca.gov/Publications/default.asp?pubid=1097 69 Note: Plastics make up approximately 9.5 percent of California’s waste stream by weight, including 0.4 percent for plastic carryout bags related to grocery and other merchandise, 0.7 percent for non-bag commercial and industrial packaging film, and 1 percent for plastic trash bags. 70 Combs, Suzanne, John Johnston, Gary Lippner, David Marx, and Kimberly Walter. 1998–2000. Caltrans Litter Management Pilot Study. Sacramento, CA: California Department of Transportation. 25Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-13 a waste characterization study of the Los Angeles River; 71 the City of Los Angeles conducted a waste characterization study on 30 storm drain basins; 72 and LACDPW conducted a trash reduction and a waste characterization study of street sweeping and trash capture systems near and within the Hamilton Bowl, located in Long Beach, California. 73 These studies concluded that plastic film (including plastic bag litter) composed between 7 to 30 percent by mass and between 12 to 34 percent by volume of the total litter collected. Despite the implementation of best management practices, installation of litter control devices such as cover fences for trucks, catch basins, and facilities to prevent airborne bags from escaping, and despite the use of roving patrols to pick up littered bags, plastic bag litter remains prevalent throughout the County. 74 AB 2449 requires all supermarkets (grocery stores with more than $2 million in annual sales) and retail businesses of at least 10,000 square feet with a licensed pharmacy to establish a plastic carryout bag recycling program at each store. Starting on July 1, 2007, each store must provide a clearly marked bin that is easily available for customers to deposit plastic carryout bags for recycling. The stores’ plastic bags must display the words “please return to a participating store for recycling.” 75 In addition, the affected stores must make reusable bags available to their patrons. These bags can be made of cloth, fabric, or plastic with a thickness of 2.25 mils or greater. 76 The stores are allowed to charge their patrons for reusable bags. 77 Store operators must maintain program records for a minimum of three years and make the records available to the local jurisdiction. 78 I.E.2 Paper Bags The production, distribution, and disposal of paper carryout bags also have known adverse effects on the environment. 79,80 There is a considerable amount of energy that is used, trees that are felled, and pollution that is generated in the production of paper carryout bags. 81,82 The CIWMB determined in the 2004 Statewide Waste Characterization Study that approximately 117,000 tons of paper carryout bags are disposed of each year by consumers throughout the County. This amount accounts for 71 Friends of the Los Angeles River and American Rivers. 2004. Great Los Angeles River. Los Angeles and Nevada City, CA. 72 City of Los Angeles, Sanitation Department of Public Works. June 2006. Technical Report: Assessment of Catch Basin Opening Screen Covers. Los Angeles, CA. 73 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 74 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 75 Public Resources Code, Section 42250–42257. 2006. Assembly Bill 2449. 76 Public Resources Code, Section 42250–42257. 2006. Assembly Bill 2449. 77 Public Resources Code, Section 42250–42257. 2006. Assembly Bill 2449. 78 California Integrated Waste Management Board. 12 June 2007. Board Meeting Agenda, Resolution: Agenda Item 14. Sacramento, CA. 79 County of Los Angeles, Department of Public Works, Environmental Programs Division. October 2008. County of Los Angeles Single Use Bag Reduction and Recycling Program – Program Resource Packet. Alhambra, CA. 80 Green Cities California. March 2010. Master Environmental Assessment on Single-Use and Reusable Bags. Prepared by ICF International. San Francisco, CA. 81 County of Los Angeles Board of Supervisors. 22 January 2008. Single Use Bag Reduction and Recycling Program (Resolution and Alternative 5). Los Angeles, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/Resources.cfm 82 County of Los Angeles, Department of Public Works, Environmental Programs Division. October 2008. County of Los Angeles Single Use Bag Reduction and Recycling Program – Program Resource Packet. Alhambra, CA. 26Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-14 approximately 1 percent of the total 12 million tons of solid waste generated each year. 83 However, paper bags have the potential to biodegrade if they are sufficiently exposed to oxygen, sunlight, moisture, soil, and microorganisms (such as bacteria); they are denser and less susceptible to becoming airborne; and they generally have a higher recycling rate than do plastic bags. The U.S. Environmental Protection Agency reported that the recycling rate for high-density polyethylene plastic bags and sacks was 11.9 percent in 2007, compared to a recycling rate of 36.8 percent of paper bags and sacks. 84 The County currently has an education outreach program for curbside recycling, which includes paper carryout bags. 85 There is nearly universal access to curbside recycling throughout the County, where paper bags can be recycled by homeowners conveniently. The paper used to make standard paper carryout bags is originally derived from wood pulp, which is a naturally biodegradable and compostable material. The brown paper bags commonly found at supermarkets are made from Kraft paper. 86 It also appears that the paper carryout bags currently used by stores in the County are made of at least 40 percent post-consumer recycled content. 87 Based upon the available evidence, paper carryout bags are less likely to become litter than are plastic carryout bags. I.E.3 Reusable Bags Reusable bags offer an alternative to plastic carryout bags, compostable plastic carryout bags, and paper carryout bags. The utility of a reusable bag has been noted in various reports, such as the 2008 report by Green Seal, which estimates the life of a reusable bag as being between two and five years. 88 In 1994, the Green Seal report encouraged an industry standard of a minimum of 300 reusable bag uses; today, Green Seal recommends a more ambitious standard of a minimum of 500 uses under wet conditions (bag testing under wet conditions is more stringent testing). 89 Furthermore, life cycle studies for plastic products have documented the adverse impacts related to various types of plastic and paper bags; however, life cycle studies have also indicated that reusable bags are the preferable option to both paper bags and plastic bags. 90,91,92,93 83 California Environmental Protection Agency, Integrated Waste Management Board. December 2004. Contractor’s Report to the Board: 2004 Statewide Waste Characterization Study. Produced by: Cascadia Consulting Group, Inc. Berkeley, CA. Available at: http://www.ciwmb.ca.gov/publications/localasst/34004005.pdf 84 U.S. Environmental Protection Agency. November 2008. “Table 21: Recovery of Products in Municipal Solid Waste, 1960 to 2007.” Municipal Solid Waste in the United States: 2007 Facts and Figures. Washington, DC. Available at: http://www.epa.gov/waste/nonhaz/municipal/pubs/msw07-rpt.pdf. The referenced table included the recovery of post- consumer wastes for the purposes of recycling or composting, it did not include conversion/fabrication scrap. The report includes the recovery of plastic bags, sacks, and wraps (excluding packaging) for a total of 9.1 percent of plastic recovered in this category. The County of Los Angeles conservatively estimates that the percentage of plastic bags in this category for the County of Los Angeles is less than 5 percent. 85 County of Los Angeles Department of Public Works. Accessed October 12, 2010. Outreach Programs. Web sites available at: http://dpw.lacounty.gov/epd/recycling/outreach.cfm and http://dpw.lacounty.gov/epd/recycling/crm.cfm 86 American Forest and Paper Association. Accessed on: 25 October 2010. “Facts about Paper.” Web site. Available at: http://www.afandpa.org/FunFacts.aspx 87 Perez, David, County of Los Angeles, Department of Public Works. 30 October 2008. E-mail correspondence; Paper Bag Distribution – Field Survey Summary - on file at Sapphos Environmental, Inc. Pasadena, CA. 88 Green Seal, Inc. is an independent non-profit organization that uses science-based standards and the power of the marketplace to provide recommendations regarding sustainable products, standards, and practices. 89 Green Seal, Inc. 13 October 2008. Green Seal Proposed Revised Environmental Standard For Reusable Bags (GS-16). Washington, DC. Available at: http://www.greenseal.org/certification/gs- 16_reusable_bag_proposed_revised_standard_background%20document.pdf 90 Reusable bag manufacturers in the United States are expected to enforce industry standards and recommendations, such as using recycled materials, to reduce adverse environmental impacts. 27Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-15 Reusable bags are intended to provide a viable alternative to the use of paper or plastic carryout bags. 94 Currently, some stores within the County, such as certain Whole Foods divisions, do not offer plastic carryout bags at checkout, but instead offer reusable bags for sale and provide rebates if its patrons bring their own reusable bags. Other stores, such as certain Ralphs divisions, offer reusable bags for purchase at registers and offer various incentives such as store rewards or store credit to customers who use reusable bags. 95 I.E.4 Voluntary Single Use Bag Reduction and Recycling Program On January 22, 2008, the County Board of Supervisors approved a motion to implement the voluntary Single Use Bag Reduction and Recycling Program in partnership with large supermarkets and retail stores, the plastic bag industry, environmental organizations, recyclers and other key stakeholders. The program aims to promote the use of reusable bags, increase at-store recycling of plastic bags, reduce consumption of single-use bags, increase the post-consumer recycled material content of paper bags, and promote public awareness of the effects of litter and consumer responsibility in the County. The voluntary program establishes benchmarks for measuring the effectiveness of the program, seeking a 30-percent decrease in the disposal rate of carryout plastic bags from the fiscal year 2007–2008 usage levels by July 1, 2010, and a 65-percent decrease by July 1, 2013. 96 The County identified three tasks to be undertaken by the County, stores, and manufacturers as part of the voluntary program’s key components: 1. Large supermarket and retail stores: develop and implement store-specific programs such as employee training, reusable-bag incentives, and efforts related to consumer education 2. Manufacturer and trade associations: encourage members to participate in the program, provide technical assistance and marketing recommendations, and coordinate with large supermarkets and stores 3. County of Los Angeles Working Group: facilitate program meetings, determine specific definitions for target stores, establish a framework describing participant levels and participation expectations, and develop and coordinate program specifics such as educational material, reduction strategies, establishment of disposal rates and measurement methodology, progress reports, and milestones 91 Green Seal, Inc. 13 October 2008. Green Seal Proposed Revised Environmental Standard For Reusable Bags (GS-16). Washington, DC. Available at: http://www.greenseal.org/certification/gs- 16_reusable_bag_proposed_revised_standard_background%20document.pdf 92 Boustead Consulting & Associates, Ltd. 2007. Life Cycle Assessment for Three Types of Grocery Bags – Recyclable Plastic; Compostable, Biodegradable Plastic; and Recycled, Recyclable Paper. Available at: http://www.americanchemistry.com/s_plastics/doc.asp?CID=1106&DID=7212 93 Green Cities California. March 2010. Master Environmental Assessment on Single-Use and Reusable Bags. Prepared by: ICF International. San Francisco, CA. 94 Green Seal, Inc. 13 October 2008. Green Seal Proposed Revised Environmental Standard For Reusable Bags (GS-16). Washington, DC. Available at: http://www.greenseal.org/certification/gs- 16_reusable_bag_proposed_revised_standard_background%20document.pdf 95 Ralphs Grocery Company. 2009. “Doing Your Part: Try Reusable Shopping Bags.” Web site. Available at: http://www.ralphs.com/healthy_living/green_living/Pages/reusable_bags.aspx 96 County of Los Angeles Board of Supervisors. 22 January 2008. Single Use Bag Reduction and Recycling Program (Resolution and Alternative 5). Los Angeles, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/Resources.cfm 28Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-16 In March 2008, the County provided each of the 88 incorporated cities in the County with a sample “Resolution to Join” letter that extended to the cities an opportunity to join the County in the abovementioned activities related to the Single Use Plastic Bag Reduction and Recycling Program. There are currently 11 cities within the County that have signed resolutions to join the County in its efforts and in adopting similar ordinances for their respective cities: Agoura Hills, Azusa, Bell, Glendale, Hermosa Beach, Lomita, Pico Rivera, Pomona, Redondo Beach, Santa Fe Springs, and Signal Hill. These cities have implemented a variety of public education and outreach efforts to encourage participation within their cities, including developing public education brochures, running public service announcements on their city’s cable television channel, establishing committees focused on community outreach, and distributing recycled-content reusable bags at community events. These endeavors were undertaken in an effort to increase the participation of grocery stores, to shift consumer behavior to the use of recycled plastic bags, and to encourage a considerable transition to the use of reusable bags. Since that time, the County Working Group found that the program was not successful in achieving its goals. Over a two-year period and despite State law, stores in the unincorporated area did not provide data that would enable County staff to determine if the voluntary Program benchmark of 30 percent disposal reduction of plastic bags had been met. Furthermore, although the public education and outreach aspects of the program, including the successful Brag About Your Bag Campaign, were effective in raising awareness of the environmental impacts of carryout bags and the benefits of reusable bags, it did not translate into changes in consumer behavior significant enough to address the County’s major objectives. 97 I.F EIR PROCESS The County prepared an EIR for the proposed ordinances in accordance with CEQA. The County has taken steps to encourage the public to participate in preparation of the environmental analysis for the proposed ordinances. On December 1, 2009, the County circulated an NOP for a Draft EIR for the proposed ordinances to the State Clearinghouse and to various federal, state, regional, and local government agencies. A public Notice of Availability (NOA) of the NOP was published in the Los Angeles Times. The NOP and Initial Study were mailed (or e-mailed) directly to approximately 480 agencies and interested parties. The NOP advertised six public scoping meetings for interested parties to receive information on the proposed ordinances and the CEQA process, as well as providing an opportunity for the submittal of comments. The scoping meetings facilitated early consultation with interested parties in compliance with Section 15082 of the State CEQA Guidelines. The meetings were held on December 7, 8, 9, 10, 11, and 14, 2009, at the following seven locations: • East Los Angeles College, 1700 Avenida Cesar Chavez, Monterey Park, California 91754 • Yvonne B. Burke Community and Senior Center, 4750 West 62nd Street (Baldwin Hills / Ladera Heights Area), Los Angeles, California 90056 • County of Los Angeles Department of Public Works (LACDPW) headquarters, Conference Room C, 900 South Fremont Avenue, Alhambra, California 91803 • Calabasas Library, Founder’s Hall, 101 Civic Center Way, Calabasas, California 91302 • Steinmetz Senior Center, 1545 South Stimson Avenue, Hacienda Heights, California 91745 97 County of Los Angeles Chief Executive Office. 5 August 2010. Single Use Bag Reduction and Recycling Program and Expanded Polystyrene Food Containers – Final Quarterly Progress Report. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/BoardLetters/bdls_080510_bagrpt10.pdf 29Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-17 • Castaic Regional Sports Complex, 31230 North Castaic Road, Castaic, California 91384 • Jackie Robinson Park, 8773 East Avenue R, Littlerock, California 93543 A total of 18 individuals attended the scoping meetings. The public review period closed on January 4, 2010. The County requested information from the public related to the range of actions under consideration and alternatives, mitigation measures, and significant effects to be analyzed in depth in the EIR. All verbal and written comments related to environmental issues that were provided during public review of the NOP and at scoping meetings were considered in the preparation of this EIR. This EIR considers alternatives that are capable of avoiding or reducing significant effects of the proposed ordinances. The comment period for the NOP and Initial Study closed on January 4, 2010. A total of seven comment letters were received in response to the NOP and Initial Study. The Final EIR considered the environmental issues identified in the NOP, responses to letters of comments received on the Draft EIR, and clarifications and revisions resulting from public review of the Draft EIR. The EIR was prepared to inform public agency decision makers and the general public about the proposed ordinances and their potentially significant environmental effects, to suggest possible ways of minimizing those significant effects, and to describe a reasonable range of alternatives that could feasibly attain most of the basic objectives of the proposed ordinances, but would avoid or substantially lessen any of the potentially significant effects of the proposed ordinances. The Draft EIR was completed and forwarded to the Governor’s Office of Planning and Research (OPR) State Clearinghouse on June 2, 2010, for a 45-day review period that ended on July 16, 2010. An electronic copy of the Draft EIR was made available at all public libraries in the County, and a hard copy of the Draft EIR was made available at each of 10 public libraries. An NOA of the Draft was advertised EIR for public review in the Los Angeles Times, delivered to all public libraries in the County, and sent via postal mail and/or e-mail to 27 public agency representatives and approximately 460 stakeholders, including private organizations and individuals. Copies of the Draft EIR were available for purchase, at reproduction cost, from the County. A total of 11 letters of comment and a petition with more than 1,800 signatures were received in response to the Draft EIR. In addition, the County hosted six public meetings throughout the County to provide the public with key findings of the Draft EIR and to solicit comments. The Final EIR was prepared based on the Draft EIR, comments received in response the Draft EIR during circulation of the document for public review, and clarifications and revisions resulting from public review of the Draft EIR. A total of 11 letters of comment and a petition with over 1,800 signatures urging the County to ban plastic carryout bags, were received on the Draft EIR from resource agencies, organized groups, and individuals: County of Los Angeles Fire Department, City of Palmdale, City of Pasadena, American Chemistry Council, Heal the Bay, Renewable Bag Council, Symphony Environmental Technologies, Save the Plastic Bag Coalition, Mr. Lars Clutterham, Ms. Hillary Gordon, and OPR State Clearinghouse. Upon completion of the review period for the Draft EIR, a Final EIR was prepared and provided to the County Board of Supervisors for certification of compliance with CEQA, and for review and consideration as part of the decision-making process for the proposed ordinances. I.G GENERAL FINDINGS During the environmental evaluation of the proposed ordinances, the County evaluated all environmental issues recommended by CEQA and the State CEQA Guidelines. The Initial Study determined that the proposed ordinances would not be expected to result in significant impacts to 12 environmental issue areas: aesthetics, agricultural and forestry resources, 30Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-18 cultural resources, geology and soils, hazards and hazardous materials, land use and planning, mineral resources, noise, population and housing, public services, recreation, and transportation and traffic. The Initial Study, which addressed several arguments raised by certain members of the plastic bag industry, concluded that the proposed ordinances may have the potential to result in significant negative or beneficial impacts related to 5 environmental issue areas: air quality, biological resources, greenhouse gas (GHG) emissions, hydrology and water quality, and utilities and service systems. The EIR determined that the recommended County ordinance (analyzed as Alternative 5), based on the County’s assumption of a conservative number of plastic bags used in its analysis and a conservative scenario of 50 percent conversion to paper carryout bags, when applying the threshold “generate greenhouse gas emissions, either directly or indirectly that may have a significant effect on the environment,” that GHG emissions due to the end of life of paper carryout bags in landfills would be cumulatively considerable. The County has evaluated six alternatives to the proposed ordinances (including the No Project Alternative): ban plastic and paper carryout bags in Los Angeles County; ban plastic carryout bags and impose a fee on paper carryout bags in Los Angeles County; ban plastic carryout bags for all supermarkets and other grocery stores, convenience stores, pharmacies, and drug stores in Los Angeles County; or ban plastic and paper carryout bags for all supermarkets and other grocery stores, convenience stores, pharmacies, and drug stores in the County; or ban plastic carryout bags and impose a fee on paper carryout bags for all supermarkets and other grocery stores, convenience stores, pharmacies, and drug stores in the County. In addition, the EIR also analyzed the No Project Alternative pursuant to CEQA. Alternative 4 was determined to be the environmentally superior alternative because it would result in the greatest reduction in the use of both plastic and paper carryout bags. Alternative 5 will also result in a significant reduction in plastic carryout bags, while retaining an option for consumers to purchase paper carryout bags should they choose to pay a charge for paper carryout bags, forget their reusable bags, or are visiting in the area and do not have reusable bags with them. Alternative 5 was recommended for adoption by the County Board of Supervisors. Before project approval, an EIR must be certified pursuant to Section 15090 of the State CEQA Guidelines. Prior to approving a project for which an EIR has been certified, and for which the EIR identifies one or more significant environmental impacts, the approving agency must make one or more of the following findings, with a brief explanation of the rationale, pursuant to Public Resources Code Section 21081 and Section 15091 of the State CEQA Guidelines, for each identified significant impact: (1) Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR. The County has made one or more of the specific written Findings above regarding each significant impact associated with the project. Those Findings are presented in Chapter X of this document, along with a presentation of facts in support of the Findings. 31Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 01 (I) Introduction.DOC Page I-19 Section 15092 of the State CEQA Guidelines states that after consideration of an EIR, and in conjunction with the Section 15091 findings identified above, the lead agency may decide whether or how to approve or carry out the project. The lead agency may approve a project with unavoidable adverse environmental effects only when it finds that specific economic legal, social, technological, or other benefits of the project outweigh those effects. Section 15093 requires the lead agency to document and substantiate any such determination in a “statement of overriding considerations” as a part of the record. The Authority’s Statement of Overriding Considerations is presented in Chapter IX of this document. 32Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 02 (Ii) Not Significant.Doc Page II-1 SECTION II POTENTIAL ENVIRONMENTAL EFFECTS THAT ARE NOT SIGNIFICANT The analysis undertaken in support of the Initial Study for the ordinances that was completed on December 1, 2009, determined that there are 12 environmental issue areas pursuant to the State CEQA Guidelines that will not have significant impacts resulting from implementation of the ordinances: aesthetics, agriculture and forestry resources, cultural resources, geology and soils, hazards and hazardous materials, land use and planning, mineral resources, noise, population and housing, public services, recreation, and transportation and traffic. Therefore, these issue areas were not carried forward for detailed analysis in the EIR for the ordinances. The EIR analysis also determined that the recommended ordinances (analyzed as Alternative 5 in the EIR) will not result in significant impacts related to air quality, biological resources, hydrology and water quality, and utilities and service systems. II.A AESTHETICS Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to aesthetics. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis in the EIR and Initial Study for the ordinances, including in, but not limited to, Section 2.0, Environmental Checklist, and Section 3.0, Environmental Analysis, of the Initial Study. The recommended ordinances will not have a substantial adverse effect on a scenic vista, will not substantially damage scenic resources within a state scenic highway, will not substantially degrade existing visual character or quality, and will not create a new source of substantial light or glare. II.B AGRICULTURE AND FORESTRY RESOURCES Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to agriculture and forest resources. Therefore, no mitigation is required. 33Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 02 (Ii) Not Significant.Doc Page II-2 Rationale: The above finding is made based on the analysis in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances, as well as additional analysis undertaken to support the EIR, as discussed in response to Comment No. 25 from the American Chemistry Council in Section 13 of the Final EIR. There are no Prime Farmlands, Unique Farmlands, Farmlands of Statewide Importance, forest land, or timberland that would be significantly impacted by the recommended ordinances. No Farmlands will be converted to nonagricultural use, and the recommended ordinances will not conflict with zoning for agriculture, forest land, or any Williamson Act contracts. The majority of paper carryout bags supplied to the greater Los Angeles metropolitan area are produced in and delivered from states outside of California, or from countries outside of the United States, such as Canada (see EIR, page 3.1-17). The State CEQA Guidelines state, “An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible”;|1010| based on this stipulation, the County finds that a detailed analysis of impacts to forest resources is too speculative and would be unreasonably burdensome. Specifically, the location and type of forest (certified sustainable, plantations, reforested, etc.) and the amount of wood fiber procured from trees that could be attributed to the project is unknown. Section 15145 of the State CEQA Guidelines states, “If, after a thorough investigation, a lead agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact.” II.C AIR QUALITY Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to air quality. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, Sections 2.0 and 3.0 of the Initial Study and Sections 3.1, Air Quality, and 4.0, Alternatives, of the EIR for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not conflict with or obstruct implementation of the applicable air quality plan; will not violate any air quality standard or contribute substantially to an existing or projected air quality violation; will not result in a cumulatively considerable net increase of any criteria pollutant for which the County is in non-attainment under an applicable federal or state ambient air quality standard; will not expose sensitive receptors to substantial pollutant concentrations; and will not create objectionable odors affecting a substantial number of people. The recommended ordinances will ban the issuance of plastic carryout bags and impose a fee or charge on the issuance of paper carryout bags, and therefore will not result in significant criteria pollutant emissions from the manufacture, distribution, and disposal of paper or |1010| California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15151, Appendix G. 34Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 02 (Ii) Not Significant.Doc Page II-3 plastic carryout bags. The analysis in Section 4.2.6 of the EIR (see Section 12.2 of the EIR), which evaluated a conservative scenario using the Ecobilan life cycle assessment, indicated an overall decrease in indirect emissions of criteria pollutants as a result of 50 percent of customers switching from using plastic carryout bags to using paper carryout bags. Nevertheless, any indirect increase in air pollutant emissions from paper carryout bag manufacturing facilities affected by the recommended ordinances will be controlled by the facility owners in compliance with applicable local, regional, and national air quality standards. Any indirect increase in air pollutant emissions from end of life of paper carryout bags, including from truck trips transporting paper carryout bag waste to landfills in the County, are currently controlled by regional and state regulations, including South Coast Air Quality Management District (SCAQMD) Rule 1150.1, Control of Gaseous Emissions from Landfills; SCAQMD Rule 1193, Clean On-road Residential and Commercial Refuse Collection Vehicles; California Air Resources Board’s Solid Waste Collection Vehicle Rule; and by the County controlling for emissions by requiring in its new refuse agreements that alternative-fuel refuse vehicles be used. 2,3,4,5 Therefore, indirect air quality impacts due to a potential increase in the demand for paper carryout bags will be below the level of significance. Since the recommended ordinances will not cause a significant impact to air quality, will not generate a significant number of vehicle trips, and will not promote employment or population growth, the recommended ordinances will cause a less than significant cumulative air quality impact. Implementation of the recommended ordinances would be consistent with the policies, plans, and regulations for air quality set forth by the County. Any related projects in the County must also comply with the County’s air quality regulations. Therefore, implementation of the recommended ordinances will not result in a cumulatively considerable contribution to a significant cumulative impact. II.D BIOLOGICAL RESOURCES Significant Impact: None. Finding: The recommended ordinances will result in beneficial impacts to biological resources. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, Section 3.2, Biological Resources, and Section 4.0 of the EIR and Sections 2.0 and 3.0 of the Initial |1010| County of Los Angeles, Department of Public Works. 11 May 2010. Award of Contract for Walnut Park Garbage Disposal District. Available at: http://file.lacounty.gov/bos/supdocs/54560.pdf |1010| County of Los Angeles, Department of Public Works. 11 May 2010. Award of Contract for Athens/Woodcrest/Olivita Garbage Disposal District. Available at: http://file.lacounty.gov/bos/supdocs/54567.pdf 4 County of Los Angeles, Department of Public Works. 11 May 2010. Award the Contract for Firestone Garbage Disposal District. Available at: http://file.lacounty.gov/bos/supdocs/54559.pdf |1010| County of Los Angeles, Department of Public Works. 19 January 2010. Award of Contract for an Exclusive Franchise Agreement to Valley Vista Services, Inc. for the Unincorporated Area of Hacienda Heights. Available at: http://file.lacounty.gov/bos/supdocs/52931.pdf 35Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 02 (Ii) Not Significant.Doc Page II-4 Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not adversely impact State-designated sensitive habitats; rare, threatened, or endangered species; locally important species; or federally protected wetlands; and will not conflict with any habitat conservation plan, natural community plan, or any approved state, local, or regional plans. The recommended ordinances will have the potential to result in beneficial impacts to biological resources, as they will, among other things, reduce the amount of litter attributable to plastic carryout bags throughout the County, and particularly within the storm drain system, which drains directly to the Pacific Ocean. Similarly, implementation of the recommended ordinances will not result in a cumulatively considerable contribution to a significant cumulative impact. II.E CULTURAL RESOURCES Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to cultural resources. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in Section 2.0 and Section 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not cause a substantial adverse change in the significance of a historical resource, archeological resource or paleontological resource. The recommended ordinances will not disturb any human remains. II.F GEOLOGY AND SOILS Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to geology and soils. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. Although potentially active faults are known to exist in the County of Los Angeles, the recommended ordinances will not cause any additional risk of strong seismic ground shaking or ground failure. The recommended ordinances will not cause any substantial risks to life or property due to landslides, soil erosion, or unstable or expansive soil. 36Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 02 (Ii) Not Significant.Doc Page II-5 II.G HAZARDS AND HAZARDOUS MATERIALS Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to hazards and hazardous materials. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not create a significant hazard to the public or the environment, handle hazardous materials within one-quarter mile of an existing or proposed school, be located on a site which is included on a list of hazardous materials sites, or result in a safety hazard for people residing or working in the County. II.H HYDROLOGY AND WATER QUALITY Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to hydrology and water quality. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, Section 3.4, Hydrology and Water Quality, and Section 4.0 the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not violate any water quality standards or waste discharge requirements; will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there will be a net deficit in aquifer volume or a lowering of the local groundwater table level; will not substantially alter the existing drainage pattern of the area in a manner that will result in substantial erosion or siltation; will not substantially alter the existing drainage pattern of the area or substantially increase the rate or amount of surface runoff in a manner that will result in flooding; will not create or contribute runoff water that will exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff; will not otherwise substantially degrade water quality; will not place housing within a 100-year flood hazard area; will not place within a 100-year flood hazard area structures that will impede or redirect flood flows; will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam; and will not cause inundation by seiche, tsunami, or mudflow. The recommended ordinances will result in 37Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 02 (Ii) Not Significant.Doc Page II-6 positive impacts to drainage by reducing the amount of plastic carryout bag trash that may originate from sources in the County and be transported from rivers to oceans, and may improve surface water quality caused by anticipated reductions in the use of plastic carryout bags. Any indirect impacts related to increased demand for manufacturing of paper carryout bags or reusable bags would be controlled by the USEPA and the Regional Water Quality Control Boards (RWQCBs) under the federal CWA and other applicable federal, state, and/or local regulations. Therefore, implementation of the recommended ordinances will not result in a cumulatively considerable contribution to a significant cumulative impact. II.I LAND USE AND PLANNING Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to land use and planning. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not cause the physical division of an established community; will not conflict with any applicable land use plan, policy, or regulation; and will not conflict with any applicable habitat conservation plan or natural community conservation plan. II.J MINERAL RESOURCES Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to mineral resources. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. Although there are mineral resource areas of value to the region or to the residents of the state within the County, the recommended ordinances will not affect the extraction of these resources. Further, the recommended ordinances will not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. 38Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 02 (Ii) Not Significant.Doc Page II-7 II.K NOISE Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to noise. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not generate noise levels in excess of standards; will not generate excessive groundborne vibration; and will not generate a substantial permanent, temporary, or periodic increase in ambient noise levels. II.L POPULATION AND HOUSING Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to population and housing. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not result in direct or indirect population growth. The recommended ordinances do not include construction of new homes or businesses and do not extend infrastructure into areas not currently served by roads or other infrastructure. The recommended ordinances do not include the construction of any new housing units and will not alter the need for residential development in the County. Furthermore, the recommended ordinances will also not result in the displacement of a substantial amount of people. II.M PUBLIC SERVICES Significant Impact: None. 39Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 02 (Ii) Not Significant.Doc Page II-8 Finding: The recommended ordinances will not result in significant impacts to public services. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities. The recommended ordinances will not affect acceptable service ratios, response times, and other performance objectives for the public services of fire protection, police protection, schools, parks, and other public facilities. II.N RECREATION Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to recreation. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not induce substantial growth or concentration of population beyond regional projections. Therefore, no individual park or recreation facility will experience physical deterioration. The recommended ordinances will not result in a significant increase in the number of people, residents, or visitors that will avail themselves of existing park facilities. The recommended ordinances do not include the construction of any recreational facilities, and thus will not require additional or the expansion of existing such facilities. II.O TRAFFIC AND TRANSPORTATION Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to traffic and transportation. Therefore, no mitigation is required. 40Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 02 (Ii) Not Significant.Doc Page II-9 Rationale: The above finding is made based on the analysis included in, but not limited to, the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not conflict with an applicable plan, ordinances or policy establishing measures of effectiveness for the performance of the circulation system; will not conflict with an applicable congestion management program; will not result in a change in air traffic patterns; will not substantially increase hazards due to a design feature; will not result in inadequate emergency access; and will not conflict with adopted plans, policies, or programs regarding public transit. II.P UTILITIES AND SERVICE SYSTEMS Significant Impact: None. Finding: The recommended ordinances will not result in significant impacts to utilities and service systems. Therefore, no mitigation is required. Rationale: The above finding is made based on the analysis included in, but not limited to, Section 3.5, Utilities and Service Systems, and Section 4.0 the EIR and Sections 2.0 and 3.0 of the Initial Study for the ordinances. The recommended ordinances (analyzed as Alternative 5) will not be expected to exceed wastewater treatment requirements of the applicable regional water quality control board; will not require or result in the construction of new water or wastewater treatment facilities; will not require or result in the construction of new storm water drainage facilities or expansion of existing facilities; will not require new or expanded entitlements for water supply; will not result in a determination by the wastewater treatment provider that it has inadequate capacity to serve the ordinances’ projected demand in addition to the provider’s existing commitments; will not be served by a landfill with insufficient permitted capacity to accommodate the ordinances’ solid waste disposal needs; and will comply with federal, state, and local statutes and regulations related to solid waste. The recommended ordinances will lead to reduced operational impacts and costs associated with storm drain system maintenance due to a reduction in plastic carryout bag litter. Based on existing capacities, adoption of the recommended ordinances will not result in adverse impacts to storm drain systems, water supply, solid waste, energy consumption, or wastewater treatment. Therefore, implementation of the recommended ordinances will not result in a cumulatively considerable contribution to a significant cumulative impact. 41Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 03 (III) Mitigated.DOC Page III-1 SECTION III POTENTIAL ENVIRONMENTAL EFFECTS THAT CAN BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE The analysis undertaken in the EIR for the recommended ordinance to ban the issuance of plastic carryout bags and impose a fee or charge on paper carryout bags at a greater number of stores (analyzed as Alternative 5) determined that the incorporation of mitigation measures is not expected to reduce the potential indirect impact of the recommended ordinances to GHG emissions to below the level of significance. While the incorporation of mitigation measure GHG-1 will be implemented to monitor and reduce the use of paper carryout bags resulting from the recommended ordinances and will indirectly offset end-of-life GHG emissions to the maximum extent feasible, the County has decided that no emission reduction credit will be taken for the measure, and for the purposes of the decision-making process, the County will proceed with the conclusion that indirect impacts to GHG emissions will remain cumulatively considerable. 42Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 04 (IV) Unavoidable.DOC Page IV-1 SECTION IV SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS THAT CANNOT BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE Based on a conservative analysis, the County has determined that cumulative indirect GHG emissions resulting from implementation of the recommended ordinances will have the potential to result in significant unavoidable impacts even with implementation of mitigation measure GHG-1, which will be expected to reduce significant adverse impacts to GHG emissions to the maximum extent feasible. Consequently, in accordance with Section 15093 of the State CEQA Guidelines, a Statement of Overriding Considerations has been prepared (see Section IX of this document) to substantiate the County’s decision to accept this potential unavoidable adverse environmental effect because it is outweighed by the potential benefits afforded by the recommended ordinances. IV.A GREENHOUSE GAS EMISSIONS Significant Impact: Indirect impacts resulting from the decomposition of paper carryout bags in landfills will be potentially cumulatively significant under the County's conservative worst-case analysis. Finding: The County Board of Supervisors finds that changes or alterations have been required in, or incorporated into, the recommended County ordinance that avoid or substantially lessen its significant environmental effect as identified in the EIR. Specifically, incorporation of mitigation measure GHG-1, described below, will monitor, reduce use of, and encourage further recycling of paper carryout bags, and will indirectly offset end-of-life GHG emissions to the maximum extent feasible. However, despite mitigation, impacts from the decomposition of paper carryout bags in landfills will remain cumulatively significant under a conservative worst-case analysis. Further, with respect to the impacts that could occur if the County’s 88 incorporated cities adopted similar ordinances, the Board of Supervisors finds that incorporation of changes or alterations similar to those set forth in mitigation measure GHG-1 are within the responsibility and jurisdiction of those agencies and not the County. Such changes have been adopted by such other agencies or can and should be adopted by such other agencies. However, the Board of Supervisors acknowledges that the feasibility of such changes or alterations similar to those set forth in mitigation measure GHG-1, including the feasibility of each element of such a mitigation measure, is within the sole discretion of such other agencies. The Board of Supervisors finds that specific economic, legal, social, technological, or other considerations make additional mitigation measures infeasible. Mitigation Measure: Mitigation Measure MM-GHG-1 Implement and/or expand public outreach and educational programs to increase the percentage of paper carryout bags that are recycled curbside. If the adopted ordinance includes a fee or charge on the issuance of paper carryout bags of at least $0.05, consider increases to the fee or charge to further reduce consumption of paper carryout bags. 43Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 04 (IV) Unavoidable.DOC Page IV-2 Distribute reusable grocery bags, free of charge within the project area to encourage further transitions to reusable bags. Consider public/private partnerships to offset costs of distribution. Implement an outreach program for affected stores to encourage consumer transition to reusable bags, to reduce double bagging, and to encourage reuse and in-store recycling of paper carryout bags. Encourage grocery stores to implement energy efficiency technology particularly in relation to storage of cold and frozen foods (assuming a reduction of 0.65 metric ton carbon dioxide equivalent for each megawatt hour saved|1010|). Consider converting public vehicles to low-emitting fuels (assuming a reduction of 0.45 metric ton carbon dioxide equivalent for each 1,000 vehicle miles traveled2). Consider funding conversion of vehicles through participation in South Coast Air Quality Management District’s Carl Moyer Program. Rationale: The above finding is based on the analysis included in Sections 2.0 and 3.0 of the Initial Study and Sections 3.3 and 4.0 of the EIR. The recommended ordinances (analyzed as Alternative 5 in the EIR) will not directly generate GHG emissions that may have a significant impact on the environment, and will not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. The recommended ordinances will ban the issuance of plastic carryout bags and impose a fee or charge on the issuance of paper carryout bags, and therefore will not result in significant GHG emissions from the overall life cycle of paper or plastic carryout bags. However, indirect impacts resulting from end of life from the decomposition of paper carryout bags in landfills will be cumulatively significant under a conservative worst-case analysis. Mitigation measure GHG-1 will reduce the cumulative impact by increasing public awareness, promoting recycling of paper bags, promoting use of reusable bags, and encouraging further efforts to reduce GHG emissions. While the County will not take credits for the reduction in GHG emissions resulting from mitigation measures, these measures will be expected to reduce GHG emissions from the decomposition of paper carryout bags in landfills to the greatest extent feasible. It is also important to note that GHG emissions from landfills located in the County are already controlled in accordance with applicable regional, State, and federal regulations pertaining to GHG emissions. Any potential increases in GHG emissions due to decomposition of paper carryout bags in landfills in the County will be controlled by Antelope Valley Air Quality Management District (AVAQMD) Rule 1150.1 or SCAQMD Rule 1150.1. Therefore, current regulations will aid in mitigating impacts to GHG emissions resulting from decomposition of paper carryout bags in landfills; additional feasible mitigation separate from mitigation measure GHG-1 is not available. 1 Emission factors taken from http://www.epa.gov/cleanenergy/energy-resources/calculator.html#results |1010| Emission factors taken from http://www.epa.gov/cleanenergy/energy-resources/calculator.html#results 44Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 04 (IV) Unavoidable.DOC Page IV-3 Moreover, the County anticipates that the $0.10 fee or charge on paper carryout bags included in the recommended County ordinance will significantly reduce the number of consumers that will use paper carryout bags in place of plastic carryout bags, while still retaining an option for consumers to purchase paper carryout bags. It would be infeasible at this time to implement a full ban on the issuance of paper bags, as the County anticipates a certain transition period for consumers to become aware of and adapt to the recommended County ordinance, particularly, to remember to take and use reusable bags at affected stores. In addition, visitors to the County may not be aware of recommended County ordinance and may not know to take and use reusable bags at affected stores in the County. Implementation of a fee or charge on the issuance of paper carryout bags will help to minimize the number of paper carryout bags used in the County and any corresponding GHG emissions due to the decomposition of paper carryout bags in landfills. If the paper carryout bag fee decreases conversion to paper carryout bags by 80 to 90 percent, similar to what occurred with the Ireland and Washington, DC, bag fees, indirect impacts to GHG emissions would be reduced even further. The recommended ordinances will require each affected store to issue a quarterly report of the total number of paper carryout bags provided to customers, along with a summary of any efforts undertaken by the store to promote the use of reusable bags. The County will keep and analyze these reports to determine and ensure that consumers in the County are using fewer carryout bags. The County will also use the reports to assess whether the recommended ordinances are having the desired effects, and if other measures are needed. The County will also conduct additional public outreach through an education program to increase the percentage of paper carryout bags that are diverted from landfills. Currently, there is nearly universal access to curbside recycling throughout the County where homeowners can conveniently recycle paper bags. Additional public education and outreach would increase the number of bags recycled and further reduce indirect impacts to GHG emissions. Any remaining cumulative GHG emission impacts are overridden as described in Section IX, Statement of Overriding Considerations. The County acknowledges that some commenters on the Draft EIR have called for mitigation to reduce potential health impacts from reusable bags. However, the there is no evidence available to the County that suggests that use of reusable bags results in any environmental impacts such that mitigation would be required or would be appropriate. It is expected that consumers will wash their reusable bags along with the rest of their laundry, and it is unlikely that the need to wash reusable bags will require the average consumer to do additional loads of laundry. In addition, all wastewater that enters the sewer pipeline in the County is subjected to a secondary treatment at a minimum, thus avoiding further significant adverse impact to the natural environment.|1010| In addition, commenters have suggested that carbon offsets be used to reduce GHG emissions. The County finds that carbon offsets are infeasible at this time for the recommended County ordinance. Payment of an infinite number of carbon offsets for a potentially unlimited amount of time lacks a sufficient legal nexus (i.e. results from a highly attenuated GHG source based on speculative life cycle data that may not be directly attributable to the County and the cities), and is more appropriately considered when specific project-level details are known for the manufacturing and disposal facilities. As noted in response to Comment No. 8 of the July 16, 2010, comment letter from Save the Plastic Bag Coalition (see Section 13 of the EIR), and as provided in the Natural Resource Agency’s statement of reasons for revisions to the State CEQA Guidelines, “In some instances, materials may be manufactured for many different projects as a result of general market |1010| Sanitation Districts of Los Angeles County. Accessed on: 15 October 2010. “Wastewater Treatment and Water Reclamation.” Web site. Available at: http://www.lacsd.org/about/wastewater_facilities/moresanj/default.asp 45Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 04 (IV) Unavoidable.DOC Page IV-4 demand, regardless of whether one particular project proceeds. Thus, such emissions may not be ‘caused by’ the project under consideration. Similarly, in this scenario, a lead agency may not be able to require mitigation for emissions that result from the manufacturing process. Mitigation can only be required for emissions that are actually caused by the project [State CEQA Guidelines, Section 15126.4(a)(4)].”|1010| Furthermore, the County believes that imposition of carbon offset fees would be infeasible for policy considerations and economic reasons, and would fail to meet the objectives of the recommended County ordinance. There are still outstanding policy concerns regarding carbon offsets and their approach and effectiveness. 5,6,7,8,9,10,11 Economically, imposition of carbon offset fees could deter future adoption of the recommended ordinances or alternatives by the County’s incorporated cities, especially given the economic hardship facing the County and many cities, 12,13,14,15,16,17 and therefore would not further the objectives of the recommended ordinances: (1) conduct outreach to the County’s 88 incorporated cities to encourage adoption of comparable ordinances; (2) reduce the Countywide consumption of plastic carryout bags from the estimated 1,600 plastic carryout bags per household in 2007, to fewer than 800 plastic bags per household in 2013; (3) reduce by 50 percent by 2013 the Countywide contribution of plastic carryout bags to litter that blights public spaces Countywide; (4) reduce by $4 million the County’s, cities’, and County Flood Control District’s costs for prevention, cleanup, and enforcement efforts to reduce |1010| California Natural Resources Agency. December 2009. Final Statement of Reasons for Regulatory Action: Amendments to the State CEQA Guidelines Addressing Analysis and Mitigation of Greenhouse Gas Emissions Pursuant to SB97. Available at: http://ceres.ca.gov/ceqa/docs/Final_Statement_of_Reasons.pdf |1010| Mitchell, Dan. 5 May 2007. “How Clean Is Your Carbon Credit?” The New York Times. Available at: http://www.nytimes.com/2007/05/05/business/05online.html |1010| Revkin, Andrew. 29 April 2007. “Carbon-Neutral Is Hip, but Is It Green?” The New York Times. Available at: http://www.nytimes.com/2007/04/29/weekinreview/29revkin.html?ex=1335499200&en=d9e2407e4f1a20f0&ei=5124 |1010| Davies, Nick. 16 June 2007. “The Inconvenient Truth about the Carbon Offset Industry.” The Guardian. Available at: http://www.guardian.co.uk/environment/2007/jun/16/climatechange.climatechange |1010| Kaste, Martin, National Public Radio. 28 November 2006. “’Carbon Offset’ Business Takes Root.” Available at: http://www.npr.org/templates/story/story.php?storyId=6548098 |10 10| Monbiot, George. 18 October 2006. “Selling Indulgences.” The Guardian. Available at: http://www.monbiot.com/archives/2006/10/19/selling-indulgences/ 10 David Suzuki Foundation. Accessed on: 25 October 2010. “The problems with carbon offsets from tree-planting.” Web site. Available at: http://www.davidsuzuki.org/issues/climate-change/science/the-problems-with-carbon-offsets-from-tree- planting/ 11 Granda, Patricia. 2005. Carbon Sink Plantations in the Ecuadorian Andes: Impacts of the Dutch FACE-PROFAFOR monoculture tree plantations’ projects on indigenous and peasant communities. Quito, Ecuador: Acción Ecológica. Available at: http://www.wrm.org.uy/countries/Ecuador/face.pdf 12 CBS Evening News. 26 March 2010. “City, State Budgets Crippled Nationwide.” Available at: http://www.cbsnews.com/stories/2010/03/26/eveningnews/main6336699.shtml 13 Luhby, Tami. 6 October 2010. “City budgets slammed by falling property taxes.” Available at: http://money.cnn.com/2010/10/06/news/economy/cities_property_taxes/index.htm 14 Dougherty, Conor. 25 May 2010. “States, Still Grappling with Budget Woes.” The Wall Street Journal. Available at: http://online.wsj.com/article/SB10001424052748704792104575264772303847934.html 15 Riccardi, Nicholas. 7 October 2010. “Cities’ budgets squeezed by housing crunch.” Los Angeles Times. Available at: http://articles.latimes.com/2010/oct/07/nation/la-na-league-20101007 16 Semuels, Alana. 18 October 2010. “California Cities are Lowering Standards to Raise Revenue.” Los Angeles Times. Available at: http://www.latimes.com/business/la-fi-desperate-cities-20101018,0,7536692.story 17 County of Los Angeles Chief Executive Office. 5 August 2010. Memorandum re: Sacramento Update. Available at: http://file.lacounty.gov/bc/q3_2010/cms1_150053.pdf#search="shortfall" 46Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 04 (IV) Unavoidable.DOC Page IV-5 litter in the County; (5) substantially increase awareness of the negative impacts of plastic carryout bags and the benefits of reusable bags, and reach at least 50,000 residents (5 percent of the population) with an environmental awareness message; and (6) reduce Countywide disposal of plastic carryout bags in landfills by 50 percent from 2007 annual amounts. 47Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-1 SECTION V FINDINGS REGARDING ALTERNATIVES The EIR analyzed alternatives in accordance with the recommendations of Section 15126.6 of the State CEQA Guidelines, which require evaluation of a range of reasonable alternatives to the project, or to the location of the project, that would feasibly attain most of the basic objectives of the project but could potentially avoid or substantially lessen any of the significant effects of the project, and evaluation of the comparative merits of the alternatives. The discussion of alternatives is intended to focus on four criteria: • Alternatives to the proposed ordinances or their location that may be capable of avoiding or substantially reducing any significant effects that a project may have on the environment • Alternatives capable of accomplishing most of the basic objectives of the proposed ordinances and potentially avoid or substantially lessen one or more of the significant effects • The provision of sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed ordinances • The no-project analysis of what would be reasonably expected to occur in the foreseeable future if the proposed ordinances were not approved Pursuant to Section 15126.6(e)(2) of the State CEQA Guidelines, if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the feasible action alternatives. The analysis of alternatives should be limited to those that the County determines could feasibly attain most of the basic objectives of the proposed ordinances. Section 15364 of the State CEQA Guidelines defines feasibility as “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” Alternatives addressed in the EIR were derived from work undertaken by the County, as well as from comments received in response to the NOP and NOA of the EIR and from interested parties who attended the public scoping meetings. As a result of the Initial Study, comments received during the scoping period and public review period for the Draft EIR, and the environmental analysis undertaken in the Draft EIR, six alternatives, including the No Project Alternative, were determined to represent a reasonable range of alternatives: 1. No Project Alternative 2. Alternative 1, Ban Plastic and Paper Carryout Bags in Los Angeles County 3. Alternative 2, Ban Plastic Carryout Bags and Impose a Fee on Paper Carryout Bags in Los Angeles County 4. Alternative 3, Ban Plastic Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County 5. Alternative 4, Ban Plastic and Paper Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County 6. Alternative 5, Ban Plastic Carryout Bags and Impose a Fee on Paper Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County 48Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-2 The effectiveness of each alternative to achieve the basic objectives of the proposed ordinances was evaluated in relation to the statement of objectives described in Section 2.0, Project Description, of the EIR. The proposed ordinances would meet all of the basic objectives established by the County (Table V-1, Ability of the Proposed Ordinances and Alternatives to Attain County Objectives). Although the No Project Alternative would not meet most of the basic objectives of the proposed ordinances, it was analyzed as required by CEQA. TABLE V-1 ABILITY OF THE PROPOSED ORDINANCES AND ALTERNATIVES TO ATTAIN COUNTY OBJECTIVES Objective Proposed Ordinances No Project Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5 Conduct outreach to all 88 incorporated cities of the County to encourage adoption of comparable ordinances Yes No Yes Yes Yes Yes Yes Reduce the Countywide consumption of plastic carryout bags from the estimated 1,600 plastic carryout bags per household in 2007 to fewer than 800 plastic bags per household in 2013 Yes No Yes Yes Yes Yes Yes Reduce the Countywide contribution of plastic carryout bags to litter that blights public spaces by 50 percent Yes No Yes Yes Yes Yes Yes Reduce by $4 million the County’s, cities’, and Flood Control District’s costs for prevention, cleanup, and enforcement efforts to reduce litter in the County Yes No Yes Yes Yes Yes Yes Substantially increase awareness of the negative impacts of plastic carryout bags and the benefits of reusable bags, and reach at least 50,000 residents (5 percent of the population) with an environmental awareness message Yes No Yes Yes Yes Yes Yes Reduce Countywide disposal of plastic carryout bags in landfills by 50 percent from 2007 annual amounts Yes No Yes Yes Yes Yes Yes Although the No Project Alternative would reduce potential impacts to air quality and GHG emissions compared with the proposed ordinances, impacts to biological resources, hydrology and water quality, and utilities and service systems would be exacerbated, rather than avoided or reduced. In addition, 49Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-3 the No Project Alternative would not meet any of the basic objectives of the proposed ordinances established by the County. Although the proposed ordinances originally studied in the EIR meet all of the basic objectives, the proposed ordinances were deemed to be infeasible as they are environmentally inferior to the alternatives analyzed in the EIR because they do not restrict the issuance of paper carryout bags and only affect a limited range of stores. Alternatives 1, 2, 3, 4, and 5 would meet all of the basic objectives established by the County. Alternatives 3, 4, and 5 would result in additional benefits to biological resources as a result of reduced consumption of plastic carryout bags due to a greater number of stores being included in the proposed ordinances. As with the proposed ordinances, and consistent with the County’s evaluation of impacts resulting from paper carryout bags from a conservative worst-case scenario, Alternative 3 may have the potential to result in cumulatively considerable impacts to GHG emissions because it would not limit the issuance of paper carryout bags. Alternatives 2 and 5 would be expected to reduce consumption of paper carryout bags through implementation of a fee. Unlike the proposed ordinances, Alternatives 1 and 4 would not result in any increase in the use of paper carryout bags, but these alternatives were deemed infeasible because Alternatives 1 and 4 do not allow an option for consumers to purchase carryout bags. Table V-2, Comparative Analysis of Impacts of the Proposed Ordinances and Alternatives, provides a comparative analysis for the originally proposed ordinances, the No Project Alternative, and the six alternatives discussed in this document. Based on the analysis, the Environmentally Superior Alternative is Alternative 4. This alternative is capable of creating the maximum reductions in the consumption of both paper and plastic carryout bags, and would meet all of the six objectives of the proposed ordinances. Alternative 5 will also result in a significant reduction in the use of plastic carryout bags, while retaining an option for consumers to purchase paper carryout bags. As a result of the CEQA process, including the analysis of the alternatives and public comments, the County has determined that Alternative 5 is feasible, and has decided to adopt Alternative 5 as the recommended County ordinance. The County will encourage each of the 88 incorporated cities in the County to adopt comparable ordinances. Table V-2 denotes comparative analyses as neutral (similar/equivalent impacts compared with the proposed ordinances), positive (reduced adverse impacts or increased beneficial impacts compared with the proposed ordinances), or negative (increased adverse impacts compared with the originally proposed ordinances). 50TABLE V-2 COMPARATIVE ANALYSIS OF IMPACTS OF THE PROPOSED ORDINANCES AND ALTERNATIVES Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-4 Resource Originally Proposed Ordinances No Project Ban Plastic and Paper Carryout Bags in Los Angeles County Ban Plastic Carryout Bags and Impose a Fee on Paper Carryout Bags in Los Angeles County Ban Plastic Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County Ban Plastic and Paper Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County Ban Plastic Carryout Bags and Impose a Fee on Paper Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County Air Quality The proposed ordinances may indirectly result in an increased demand for paper carryout bags, which may subsequently result in increased criteria pollutant emissions from the manufacture, distribution, and disposal of paper carryout bags, which would be offset to some degree by the anticipated reduction in plastic carryout bags and increase in reusable bags. Impact: Emissions due to the life cycle of paper carryout bags are below the level of significance The No Project Alternative would not result in a potential increase in the use of paper carryout bags, but would not result in any decrease in the use of plastic carryout bags. The No Project Alternative would result in criteria pollutant emissions from the manufacture, distribution, and disposal of plastic carryout bags, which would be offset to some degree by the fact that there would be no increase in the use of paper carryout bags. However, the No Project Alternative would not encourage a transition to the use of reusable bags. Comparative Impact: Neutral Alternative 1 would not result in a potential increase in the use of paper or plastic carryout bags, and would result in a greater use of reusable bags. Alternative 1 would not result in criteria pollutant emissions from the manufacture, distribution, and disposal of paper carryout bags. Comparative Impact: Positive Alternative 2 would not result in as much of a potential increase in the use of paper carryout bags, while reducing the use of plastic carryout bags and increasing the use of reusable bags. Alternative 2 would not result in the same degree of criteria pollutant emissions from the manufacture, distribution, and disposal of paper carryout bags. Comparative Impact: Positive Alternative 3 may indirectly result in an increased demand for paper carryout bags, which may subsequently result in increased criteria pollutant emissions from the manufacture, distribution, and disposal of paper carryout bags, which would be offset to some degree by the anticipated reduction in plastic carryout bags and increase in reusable bags. Comparative Impact: Negative Alternative 4 would not result in a potential increase in the use of paper or plastic carryout bags, and would result in a greater use of reusable bags. Alternative 4 would not result in criteria pollutant emissions from the manufacture, distribution, and disposal of paper carryout bags. Comparative Impact: Positive Alternative 5 will substantially reduce the use of plastic carryout bags. Due to the implementation of a fee on the issuance of paper carryout bags, the degree of increase in use of paper carryout bags will be limited, and Alternative 5 will result in a greater use of reusable bags. Criteria pollutant emissions due to the life cycle of paper carryout bags will be below the level of significance. Comparative Impact: Positive Biological Resources The proposed ordinances would be expected to result in beneficial impacts to biological resources as they would reduce the amount of litter attributable to plastic carryout bags in the County of Los Angeles storm drain system, which drains directly to the Pacific Ocean. Impact: Beneficial No Project Alternative would not result in a significant reduction in the use and disposal of plastic carryout bags within the County. Therefore, the No Project Alternative would not assist in reducing marine litter attributed to plastic carryout bag waste, which has been shown to have potentially significant adverse impacts upon biological resources. Comparative Impact: Negative Alternative 1 would be expected to result in beneficial impacts to biological resources as it would reduce the amount of litter attributable to plastic carryout bags in the County of Los Angeles storm drain system, which drains directly to the Pacific Ocean. Comparative Impact: Neutral Alternative 2 would be expected to result in beneficial impacts to biological resources as it would reduce the amount of litter attributable to plastic carryout bags in the County of Los Angeles storm drain system, which drains directly to the Pacific Ocean. Comparative Impact: Neutral Alternative 3 would be expected to result in additional beneficial impacts to biological resources as it would further reduce the amount of litter attributable to plastic carryout bags in the County of Los Angeles storm drain system, which drains directly to the Pacific Ocean. Comparative Impact: Positive Alternative 4 would result in additional beneficial impacts to biological resources, as it would further reduce the amount of litter attributable to plastic carryout bags in the County storm drain system, which drains directly to the Pacific Ocean. Comparative Impact: Positive Alternative 5 will result in additional beneficial impacts to biological resources as it would further reduce the amount of litter attributable to plastic carryout bags in the County of Los Angeles storm drain system, which drains directly to the Pacific Ocean. Comparative Impact: Positive Greenhouse Gas Emissions The proposed ordinances may indirectly result in an increased demand for paper carryout bags. The increase in demand for paper carryout bags may result in increased GHG emissions as a result of the manufacture, distribution, and disposal of paper carryout bags, which would be offset to some degree by the anticipated reduction in plastic carryout bags and increase in reusable bags. Impact: Life cycle impacts resulting from paper carryout bags would be cumulatively significant under a conservative worst-case analysis The No Project Alternative would not result in a potential increase in the use of paper carryout bags, but would not result in any decrease in the use of plastic carryout bags. The No Project Alternative would result in GHG emissions from the manufacture, distribution, and disposal of plastic carryout bags, which would be offset to some degree by the fact that there would be no increase in the use of paper carryout bags. However, the No Project Alternative would not encourage a transition to the use of reusable bags. Comparative Impact: Neutral Alternative 1 would not result in a potential increase in the use of paper or plastic carryout bags, and would result in a greater use of reusable bags. Alternative 1 would not result in GHG emissions from the manufacture, distribution, and disposal of paper carryout bags. Comparative Impact: Positive Alternative 2 would not result in as much of a potential increase in the use of paper carryout bags, while reducing the use of plastic carryout bags and increasing the use of reusable bags. Alternative 2 would not result in the same degree of GHG emissions from the manufacture, distribution, and disposal of paper carryout bags. Comparative Impact: Positive Alternative 3 may indirectly result in an increased demand for paper carryout bags. The increase in demand for paper carryout bags may result in increased GHG emissions as a result of the manufacture, distribution, and disposal of paper carryout bags, which would be offset to some degree by the anticipated reduction in plastic carryout bags and increase in reusable bags. Comparative Impact: Negative Alternative 4 would not increase use of paper or plastic carryout bags, and would result in a greater use of reusable bags. Alternative 4 would not result in GHG emissions from the manufacture, distribution, and disposal of paper carryout bags. Comparative Impact: Positive Alternative 5 will result in substantial reductions in the use of plastic carryout bags and would result in a greater use of reusable bags. Due to the implementation of a fee on the issuance of paper carryout bags, the degree of increase in use of paper carryout bags would be limited. Alternative 5 will not result in significant cumulative GHG emissions from the manufacture and distribution of paper carryout bags, but GHG emissions from the disposal of paper carryout bags in landfills may remain cumulatively considerable. Comparative Impact: Positive 51TABLE V-2 COMPARATIVE ANALYSIS OF IMPACTS OF THE PROPOSED ORDINANCES AND ALTERNATIVES, Continued Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-5 Resource Originally Proposed Ordinances No Project Ban Plastic and Paper Carryout Bags in Los Angeles County Ban Plastic Carryout Bags and Impose a Fee on Paper Carryout Bags in Los Angeles County Ban Plastic Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County Ban Plastic and Paper Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County Ban Plastic Carryout Bags and Impose a Fee on Paper Carryout Bags for All Supermarkets and Other Grocery Stores, Convenience Stores, Pharmacies, and Drug Stores in Los Angeles County Hydrology and Water Quality The proposed ordinances may indirectly result in an increased demand for paper carryout bags. The increase in demand for paper carryout bags may result in increased eutrophication impacts as a result of the manufacture of paper carryout bags, which would be offset to some degree by positive impacts to surface water quality and drainage caused by anticipated reductions in the manufacture, transport, and disposal of plastic carryout bags. Impact: Impacts due to the life cycle of paper carryout bags would be below the level of significance The No Project Alternative would not result in a potential increase in the use of paper carryout bags, but would not result in any decrease in the use of plastic carryout bags. Unlike the proposed ordinances, the No Project Alternative would not result in potential indirect increases in eutrophication caused by a potential increase in consumer use of paper carryout bags. However, the No Project Alternative may also result in potential indirect impacts to surface water quality caused by the life cycle of plastic carryout bags and drainage caused by plastic carryout bag litter. Comparative Impact: Negative Alternative 1 would not result in a potential increase in the use of paper or plastic carryout bags, and would result in a greater use of reusable bags. Alternative 1 would not result in increased eutrophication impacts as a result of the manufacture of paper carryout bags, and would result in positive impacts to surface water quality and drainage caused by anticipated reductions in the use of plastic carryout bags. Comparative Impact: Positive Alternative 2 would not result in as much of a potential increase in the use of paper carryout bags, while reducing the use of plastic carryout bags and increasing the use of reusable bags. Alternative 2 would not result in the same degree of increased eutrophication impacts as a result of the manufacture of paper carryout bags, and would result in positive impacts to surface water quality caused by anticipated reductions in the use of plastic carryout bags. Comparative Impact: Positive Alternative 3 may indirectly result in an increased demand for paper carryout bags. The increase in demand for paper carryout bags may result in increased eutrophication impacts as a result of the manufacture of paper carryout bags, which would be offset, to some degree, by positive impacts to surface water quality caused by anticipated reductions in the use of plastic carryout bags. Comparative Impact: Negative Alternative 4 would not result in a potential increase in the use of paper or plastic carryout bags, and would result in a greater use of reusable bags. Alternative 4 would not result in increased eutrophication impacts as a result of the manufacture of paper carryout bags, and would result in positive impacts to surface water quality caused by anticipated reductions in the use of plastic carryout bags. Comparative Impact: Positive Alternative 5 will result in substantial reductions in the use of plastic carryout bags and increased use of reusable bags. Due to the implementation of a fee on the issuance of paper carryout bags, the degree of increase in use of paper carryout bags would be limited. Alternative 5 will not result in significant eutrophication impacts as a result of the manufacture of paper carryout bags, and will result in positive impacts to surface water quality caused by anticipated reductions in the use of plastic carryout bags. Comparative Impact: Positive Utilities and Service Systems The proposed ordinances may indirectly result in an increased demand for paper carryout bags. The increased demand for paper carryout bags may result in increased water consumption, energy consumption, wastewater generation, and solid waste generation due to the manufacture, distribution, and disposal of paper carryout bags, which would be offset to some degree by the anticipated reduction in plastic carryout bags. Impact: Impacts due to the life cycle of paper carryout bags would be below the level of significance The No Project Alternative would not increase impacts to utilities and service systems that would result from the implementation of the proposed ordinances as it would not result in an increase in the consumer use of paper carryout bags. However, due to the fact that the No Project Alternative would not result in significant reductions in the disposal of plastic carryout bags in the County, the No Project Alternative would not create any potential benefits to utilities and service systems. The No Project Alternative would not lead to reduced operational impacts and costs associated with storm drain system maintenance. Comparative Impact: Negative Alternative 1 would not result in a potential increase in the use of paper or plastic carryout bags, and would result in a greater use of reusable bags. Alternative 1 would lead to reduced operational impacts and costs associated with storm drain system maintenance due to the reduction in plastic carryout bag litter. Alternative 1 would not result in increased water consumption, energy consumption, wastewater generation, and solid waste generation due to the manufacture, distribution, and disposal of paper carryout bags. Comparative Impact: Positive Alternative 2 would not result in as much of a potential increase in the use of paper carryout bags, while reducing the use of plastic carryout bags and increasing the use of reusable bags. Alternative 2 would lead to reduced operational impacts and costs associated with storm drain system maintenance due to the reduction in plastic carryout bag litter. Alternative 2 would not result in the same degree of increased water consumption, energy consumption, wastewater generation, and solid waste generation due to the manufacture, distribution, and disposal of paper carryout bags. Comparative Impact: Positive Alternative 3 may indirectly result in an increased demand for paper carryout bags. The increased demand for paper carryout bags may result in increased water consumption, energy consumption, wastewater generation, and solid waste generation due to the manufacture, distribution, and disposal of paper carryout bags, which would be offset, to some degree, by the anticipated reduction in plastic carryout bags. Comparative Impact: Negative Alternative 4 would not result in a potential increase in the use of paper or plastic carryout bags, and would result in a greater use of reusable bags. Therefore there would be no impacts to increased water consumption, energy consumption, wastewater generation, and solid waste generation due to the manufacture, distribution, and disposal of paper carryout bags or plastic carryout bags. Alternative 4 would lead to reduced operational impacts and costs associated with storm drain system maintenance due to the reduction in plastic carryout bag litter. Comparative Impact: Positive Alternative 5 will result in substantial reductions in the use of plastic carryout bags and would result in a greater use of reusable bags. Due to the implementation of a fee on the issuance of paper carryout bags, the increase in use of paper carryout bags will be limited. Alternative 5 will not result in significant impacts related to increased water consumption, energy consumption, wastewater generation, and solid waste generation impacts as a result of the manufacture of paper carryout bags. Alternative 5 will result in positive impacts to surface water quality caused by anticipated reductions in the use of plastic carryout bags. Comparative Impact: Positive 52 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-6 V.A NO PROJECT ALTERNATIVE Description of Alternative Under the No Project Alternative, the County would not pass an ordinance to ban the issuance of plastic carryout bags by certain stores in the unincorporated territories of the County, and would not encourage the adoption of comparable ordinances by the 88 incorporated cities within the County. Under this alternative and as discussed in detail in Section 4.2.1 of the EIR, potential impacts to air quality and GHG emissions would not increase in comparison with the proposed ordinances. However, in comparison with the proposed ordinances, impacts to biological resources, hydrology and water quality, and utilities and service systems would be exacerbated, rather than be avoided or reduced. In addition, the No Project Alternative would not meet any of the basic objectives of the proposed ordinances established by the County, including those relating to litter. The No Project Alternative has been analyzed in detail in the EIR in accordance with the requirements of CEQA. Effectiveness in Meeting Project Objectives As shown in Table V-1, the No Project Alternative would not accomplish any of the basic objectives of the proposed ordinances established by the County. The No Project Alternative would not facilitate encouragement of the 88 incorporated cities of the County to adopt ordinances to ban the issuance of plastic carryout bags. The No Project Alternative would not assist in reducing the Countywide consumption of plastic carryout bags, would not result in a reduction of plastic carryout bag litter that blights public spaces and marine environments, and would not reduce the County’s, cities’, and Flood Control District’s costs for prevention, clean-up, and enforcement efforts to reduce litter in the County. The No Project Alternative would not increase public awareness of the negative impacts of plastic carryout bags and the benefits of reusable bags. In addition, the No Project Alternative would not assist in reducing Countywide disposal of plastic carryout bags in landfills. Comparison of Effects of the No Project Alternative to Effects of the Proposed Project The regulatory framework and existing conditions would be the same as that described for the proposed ordinances. A summary comparison of this alternative to effects of the proposed ordinances is presented in Table V-2. The analysis presented in the table, and as further detailed in Section 4.2.1 of the EIR, shows that this alternative differs from the proposed ordinances in the assessment of air quality, biological resources, GHG emissions, hydrology and water quality, and utilities and service systems. Feasibility: The Board of Supervisors finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible and therefore rejects this alternative. Rationale: The No Project Alternative would meet none of the six objectives of the proposed ordinances (Table V-1). The No Project alternative would not result in any reduction in the use of plastic carryout bags within the County. Without the reduction in use, none of the six objectives of the proposed ordinances can be met. Moreover, in comparison with the proposed ordinances, the No Project Alternative would exacerbate impacts to biological resources and hydrology and water quality, and would not have positive impacts to utilities and service systems, because it would allow continued distribution of plastic carryout bags in the County. With respect to biological resources, as discussed in the EIR, including in Sections 4.2.1.3, 3.2, and 13.0, the No Project Alternative would not assist in reducing litter attributable to 53 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-7 plastic carryout bag waste, would not improve habitats and aquatic life, and would not result in potentially beneficial impacts upon sensitive habitats, because it would not significantly reduce the use and disposal of plastic carryout bags within the County. The No Project Alternative would continue to exacerbate rather than avoid or reduce impacts to biological resources. With respect to hydrology and water quality, as discussed in the EIR, including in Section 3.4, Section 4.2.1.3, and Section 13.0, the No Project Alternative would continue to exacerbate impacts because it would not significantly reduce the use of plastic carryout bags in the County. The No Project Alternative would not assist in meeting TMDL requirements, water quality standards, or waste discharge requirements because it would allow continued contribution of plastic carryout bags that can become litter in major surface water systems in the County drainage areas, the Pacific Ocean, and inland drainages in the Antelope Valley. The No Project Alternative would also not result in potentially beneficial impacts to surface water drainage, storm drain systems, or surface water quality in the County, and would not assist the County in attaining TMDLs because the alternative would not result in a decrease of the use of plastic carryout bags. With respect to utilities and service systems, as discussed in the EIR, including in Sections 3.5, Section 4.2.1.3, and Section 13.0, the No Project Alternative would not result in significant reductions in the use and disposal of plastic carryout bags in the County, and therefore would not result in any potential benefits to landfills and would not lead to reduced operational impacts and costs associated with storm drain system maintenance. Finally, the No Project Alternative would not provide any of the benefits set forth in the Statement of Overriding Considerations (see Section IX). V.B ALTERNATIVE 1: BAN PLASTIC AND PAPER CARRYOUT BAGS IN LOS ANGELES COUNTY Description of Alternative Alternative 1 would extend the scope of the proposed ordinances to include a ban on the issuance of both paper and plastic carryout bags in Los Angeles County, and encouraging the 88 incorporated cities to adopt similar proposed ordinances. Alternative 1 would ban the issuance of paper and plastic carryout bags from the same stores addressed by the proposed ordinances, that is, those within the County that (1) meet the definition of a “supermarket” as found in the California Public Resources Code, Section 14526.5, and (2) are buildings that have over 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law and have a pharmacy licensed pursuant to Chapter 9 of Division 2 of the Business and Professions Code. As with the proposed ordinances, Alternative 1 would affect approximately 67 stores in the unincorporated areas of the County and approximately 462 stores in the incorporated cities of the County. 1,2 As with the proposed ordinances and as discussed in detail in Sections 3.0 and 4.2.2 of the EIR, Alternative 1 would not result in significant adverse impacts to air quality, biological resources, 1 As a result of the voluntary Single Use Bag Reduction and Recycling Program, the County has determined that 67 stores in unincorporated areas would be affected by the proposed County ordinance. 2 Number of stores in the 88 incorporated cities of the County was determined from the infoUSA database for businesses with North American Industry Classification System codes 445110 and 446110 with a gross annual sales volume of $2 million or higher and a square footage of 10,000 square feet or greater. Accessed on: 29 April 2010. 54 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-8 hydrology and water quality, and utilities and service systems, and would achieve additional benefits. In that there would be no transition from plastic to paper carryout bags if both types of bags were banned, impacts to air quality, biological resources, GHG emissions, hydrology and water quality, and utilities and service systems would be eliminated, reduced, or avoided. Effectiveness in Meeting Project Objectives As shown in Table V-1, Alternative 1 would meet all of the ordinance objectives that were identified by the County. In addition, Alternative 1 would also serve to reduce Countywide consumption of paper carryout bags and the Countywide disposal of paper carryout bags in landfills. Comparison of Effects of the Alternative to Effects of the Proposed Project The regulatory framework and existing conditions would be the same as that described for the proposed ordinances. A summary comparison of this alternative to effects of the ordinances is presented in Table V-2. The analysis presented in the table shows that this alternative would result in positive impacts to air quality, GHG emissions, hydrology and water quality, and utilities and service systems when compared to the proposed ordinances. Finding: The Board of Supervisors finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible and therefore rejects this alternative. Rationale: This alternative meets all of the basic objectives of the proposed ordinances (Table V-1) and would not result in an increase in the use of paper carryout bags. However, a ban on the issuance of both plastic and paper carryout bags is infeasible because the County prefers an option at this time for consumers to purchase carryout bags. The County anticipates a certain transition period for consumers to become aware of and adapt to the recommended ordinances, particularly to remember to take and use reusable bags at affected stores. In addition, visitors to the County may not be aware of recommended ordinances and may not know to take and use reusable bags at affected stores in the County. Further, due to the limited number of stores that would be affected by Alternative 1 (compared to Alternatives 3, 4, or 5), the alternative would not produce the additional benefits to biological resources that would result from banning the issuance of plastic bags at a greater number of stores. For the same reason, the alternative would not provide as large of a reduction in litter that is attributable to plastic carryout bags. Therefore, it would also not provide a comparable opportunity for reduction of costs related to litter prevention, cleanup, and disposal of plastic carryout bags, nor a comparable reduction in litter that blights public spaces. V.C ALTERNATIVE 2: BAN PLASTIC CARRYOUT BAGS AND IMPOSE A FEE ON PAPER CARRYOUT BAGS IN LOS ANGELES COUNTY Description of Alternative Alternative 2 would extend the scope of the proposed ordinances to include a fee on the issuance of paper carryout bags in Los Angeles County, and encouraging the 88 incorporated cities to adopt similar proposed ordinances. Alternative 2 would require a fee for issuance of paper carryout bags by 55 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-9 the same stores addressed by the proposed ordinances, that is, those within the County that (1) meet the definition of a “supermarket” as found in the California Public Resources Code, Section 14526.5, and (2) are buildings that have over 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law and have a pharmacy licensed pursuant to Chapter 9 of Division 2 of the Business and Professions Code. As with the proposed ordinances, the number of stores that could be affected by Alternative 2 in the unincorporated areas of the County is approximately 67.|1010| The number of stores that could be affected by Alternative 2 in the incorporated cities of the County is approximately 462.|1010| As with the proposed ordinances and as discussed in detail in Section 4.2.3 of the EIR, Alternative 2 would not result in significant adverse impacts to air quality, biological resources, hydrology and water quality, and utilities and service systems, and would achieve additional benefits. Alternative 2 would be expected to result in a minimal transition from plastic to paper carryout bags due to a fee on the issuance of paper carryout bags, and therefore in comparison with the proposed ordinances would eliminate, reduce, or avoid impacts to air quality, biological resources, hydrology and water quality, and utilities and service systems. However, because it is not possible to know the exact percentage of increase from plastic to paper carryout bags under Alternative 2, the indirect impacts from the life cycle of paper carryout bags may be cumulatively considerable, depending on the actual percentage increase despite the presence of a fee. Effectiveness in Meeting Project Objectives As shown in Table V-1, Alternative 2 would meet all of the objectives of the proposed ordinances identified by the County. In addition, Alternative 2 would also serve to reduce the Countywide consumption of paper carryout bags and the Countywide disposal of paper carryout bags in landfills. Comparison of Effects of the Alternative to Effects of the Project The regulatory framework and existing conditions would be the same as that described for the proposed ordinances. A summary comparison of this alternative to effects of the ordinances is presented in Table V-2. The analysis presented in the table shows that this alternative would be anticipated to result in positive impacts to air quality, hydrology and water quality, and utilities and service systems when compared with the proposed ordinances. Finding: The Board of Supervisors finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible and therefore rejects this alternative. Rationale: Alternative 2 meets all of the basic objectives of the proposed ordinances (Table V-1). Alternative 2 would also be expected to reduce consumption of paper carryout bags through 3 As a result of the voluntary Single Use Bag Reduction and Recycling Program, the County has determined that 67 stores in unincorporated areas would be affected by the proposed County ordinance. 4 Number of stores in the 88 incorporated cities of the County was determined from the infoUSA database for businesses with North American Industry Classification System codes 445110 and 446110 with a gross annual sales volume of $2 million or higher and a square footage of 10,000 square feet or greater. Accessed on: 29 April 2010. 56 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-10 implementation of a fee. However, due to the limited number of stores that Alternative 2 would affect (compared to Alternatives 3, 4, or 5), it would not provide the additional benefits to biological resources that would result from banning the issuance of plastic bags at a greater number of stores. For the same reason, it would not provide as large of a reduction in litter attributable to plastic carryout bags. Therefore, it would also not provide a comparable opportunity for reduction of costs related to litter prevention, cleanup, and disposal, nor a comparable reduction in litter that blights public spaces. V.D ALTERNATIVE 3: BAN PLASTIC CARRYOUT BAGS FOR ALL SUPERMARKETS AND OTHER GROCERY STORES, CONVENIENCE STORES, PHARMACIES, AND DRUG STORES IN LOS ANGELES COUNTY Description of Alternative Alternative 3 would extend the scope of the proposed ordinances to apply to all supermarkets and other grocery stores, convenience stores, pharmacies and drug stores, but not including restaurant establishments. Alternative 3 would ban the issuance of plastic carryout bags from stores within the County that (1) meet the definition of a “supermarket” as found in the California Public Resources Code, Section 14526.5, and (2) are buildings that have retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law and have a pharmacy licensed pursuant to Chapter 9 of Division 2 of the Business and Professions Code. In addition, Alternative 3 would apply to stores within the County that are part of a chain of convenience food stores, supermarkets and other grocery stores, convenience stores, pharmacies and drug stores in the County. The number of stores that could be affected by Alternative 3 in the unincorporated areas of the County is approximately 1,091.|1010| The number of stores that could be affected by Alternative 3 in the incorporated cities of the County is approximately 5,084.|1010| It was assumed that each store larger than 10,000 square feet currently uses approximately 10,000 plastic carryout bags per day,|1010| and each store smaller than 10,000 square feet currently uses approximately 5,000 plastic carryout bags per day.|1010| It is important to note that these numbers are likely very high, as 10,000 plastic carryout bags per day is more than twice the bag average reported by the California Department of Resources Recycling and Recovery (CalRecycle) in 2008 for AB 2449 affected stores. In 2008, 4,700 stores statewide affected 5 Number of stores in the unincorporated territories of the County was determined from the infoUSA database for businesses with North American Industry Classification System codes 445110, 445120, and 446110 with no filters for gross annual sales volume or square footage. Accessed on: 29 April 2010. 6 Number of stores in the 88 incorporated cities of the County was determined from the infoUSA database for businesses with North American Industry Classification System codes 445110, 445120, and 446110 with no filters for gross annual sales volume or square footage. Accessed on: 29 April 2010. |1010| Based on coordination between the County Department of Public Works and several large supermarket chains in the County, it was determined that approximately 10,000 plastic carryout bags are used per store per day. Due to confidential and proprietary concerns, and at the request of the large supermarket chains providing this data, the names of these large supermarket chains will remain confidential. Reported data from only 12 stores reflected a total plastic carryout bag usage of 122,984 bags per day. A daily average per store was then calculated at 10,249 plastic carryout bags and rounded to approximately 10,000 bags per day. |1010|Data from the infoUSA indicates that approximately 40 percent of the stores larger than 10,000 square feet in the unincorporated territories of the County are larger than 40,000 square feet. Therefore, the average size of the stores to be affected by the proposed County ordinance would be larger than 20,000 square feet. Accordingly, it would be reasonable to estimate that the stores smaller than 10,000 square feet that would be affected by Alternative 3 would be at less than half the size of the stores to be affected by the proposed ordinances and would use less than half the number of bags. 57 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-11 by AB 2449 reported an average of 4,695 bags used per store per day.|10 10| While 10,000 plastic carryout bags per store per day may not accurately reflect the actual number of bags consumed per day on average for stores larger than 10,000 square feet in the County unincorporated and incorporated areas, for the purposes of the EIR, this number was used to conservatively evaluate impacts resulting from a worst-case scenario. The same may also be true of the 5,000 plastic carryout bags per store per day estimate for stores less than 10,000 square feet. While the 5,000 plastic carryout bags per store per day may likely be very high, this number was used for the purposes of the EIR to conservatively evaluate impacts resulting from a worst-case scenario. As with the proposed ordinances and as discussed in detail in Section 4.2.4 of the EIR, Alternative 3 would not result in significant adverse impacts to air quality, biological resources, or hydrology and water quality, and would achieve additional benefits. In that there would be an increased reduction in the consumption of plastic carryout bags, corresponding adverse impacts to air quality, biological resources, GHG emissions, hydrology and water quality, and utilities and service systems due to plastic carryout bags would be eliminated, reduced, or avoided. However, due to a likely increase in the demand for paper carryout bags, indirect impacts to air quality, biological resources, GHG emissions, hydrology and water quality, and utilities and service systems due to paper carryout bags may be increased. As with the proposed ordinances, indirect GHG emission impacts due to the life cycle of paper carryout bags may have the potential to be cumulatively considerable. Effectiveness in Meeting Project Objectives As shown in Table V-1, Alternative 3 would meet all six objectives identified by the County. Comparison of Effects of the Alternative to Effects of the Project The regulatory framework and existing conditions would be the same as that described for the proposed ordinances. A summary comparison of this alternative to effects of the proposed ordinances is presented in Table V-2. The analysis presented in the table shows that this alternative would be anticipated to result in positive impacts to biological resources when compared to the proposed ordinances. Finding: The Board of Supervisors finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible and therefore rejects this alternative. Rationale: This alternative meets all of the basic objectives of the proposed ordinances (Table V-1). However, as with the proposed ordinances, and consistent with the County’s evaluation of impacts due to paper carryout bags under a conservative worst-case scenario, Alternative 3 may have the potential to result in cumulatively considerable indirect impacts to GHG emissions because it would not limit the issuance of paper carryout bags. It would also cause greater impacts to air quality, hydrology and water quality, and utilities and public services, than the proposed ordinances would cause, even though those impacts are below the level of significance. |10 10| Dona Sturgess, California Department of Resources Recycling and Recovery, Sacramento, CA. 29 April 2010. E-mail to Luke Mitchell, County of Los Angeles, Department of Public Works, Alhambra, CA. 58 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-12 V.E ALTERNATIVE 4: BAN PLASTIC AND PAPER CARRYOUT BAGS FOR ALL SUPERMARKETS AND OTHER GROCERY STORES, CONVENIENCE STORES, PHARMACIES, AND DRUG STORES IN LOS ANGELES COUNTY Description of Alternative Alternative 4 would extend the scope of the proposed ordinances to apply to all supermarkets and other grocery stores, convenience stores, pharmacies, and drug stores (as opposed to applying only to stores larger than 10,000 square feet under the proposed ordinances), but not including restaurant establishments. Alternative 4 would ban the issuance of plastic and paper carryout bags from stores within the County that (1) meet the definition of a “supermarket” as found in the California Public Resources Code, Section 14526.5, and (2) are buildings that generate sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law and have a pharmacy licensed pursuant to Chapter 9 of Division 2 of the Business and Professions Code. In addition, Alternative 4 would apply to stores within the County that are part of a chain of convenience food stores, all supermarkets and other grocery stores, convenience stores, pharmacies, and drug stores in Los Angeles County. As with the proposed ordinances and as discussed in detail in Section 4.2.4 of the EIR, Alternative 4 would not result in significant adverse impacts to air quality, biological resources, hydrology and water quality, and utilities and service systems, and would achieve additional benefits. In that there would be an increased reduction in the consumption of plastic carryout bags, corresponding adverse impacts to air quality, biological resources, GHG emissions, hydrology and water quality, and utilities and service systems due to plastic carryout bags would be eliminated, reduced, or avoided. Unlike the proposed ordinances, Alternative 4 would not have the potential to result in cumulatively considerable impacts to GHG emissions. Alternative 4 would affect approximately 1,091 stores in the unincorporated areas of the County and approximately 5,084 stores in the incorporated cities of the County. 10 ,11 It was assumed that each store larger than 10,000 square feet currently uses approximately 10,000 plastic carryout bags per day, 12 and each store smaller than 10,000 square feet currently uses approximately 5,000 plastic carryout bags per day. 13 It is important to note that these numbers are likely very high, as 10,000 plastic carryout bags per day is more than twice the bag average reported by the California Department of Resources Recycling and Recovery in 2008 for AB 2449 affected stores. In 2008, 4,700 stores 10 Number of stores in the unincorporated territories of the County was determined from the infoUSA database for businesses with North American Industry Classification System codes 445110, 445120, and 446110 with no filters for gross annual sales volume or square footage. Accessed on: 29 April 2010. 11 Number of stores in the 88 incorporated cities of the County was determined from the infoUSA database for businesses with North American Industry Classification System codes 445110, 445120, and 446110 with no filters for gross annual sales volume or square footage. Accessed on: 29 April 2010. 12 Based on coordination between the County Department of Public Works and several large supermarket chains in the County, it was determined that approximately 10,000 plastic carryout bags are used per store per day. Due to confidential and proprietary concerns, and at the request of the large supermarket chains providing this data, the names of these large supermarket chains will remain confidential. Reported data from only 12 stores reflected a total plastic carryout bag usage of 122,984 bags per day. A daily average per store was then calculated at 10,249 plastic carryout bags and rounded to approximately 10,000 bags per day. 13 Data from the infoUSA indicates that approximately 40 percent of the stores larger than 10,000 square feet in the unincorporated territories of the County are larger than 40,000 square feet. Therefore, the average size of the stores to be affected by the proposed County ordinance would be larger than 20,000 square feet. Accordingly, it would be reasonable to estimate that the stores smaller than 10,000 square feet that would be affected by Alternative 3 would be at less than half the size of the stores to be affected by the proposed ordinances and would use less than half the number of bags. 59 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-13 statewide affected by AB 2449 reported an average of 4,695 bags used per store per day. 14 While 10,000 plastic carryout bags per store per day may not accurately reflect the actual number of bags consumed per day on average for stores larger than 10,000 square feet in the County unincorporated and incorporated areas, for the purposes of the EIR, this number was used to conservatively evaluate impacts resulting from a worst-case scenario. The same may also be true of the 5,000 plastic carryout bags per store per day estimate for stores less than 10,000 square feet. While the 5,000 plastic carryout bags per store per day may likely be very high, for the purposes of the EIR, this number was used to conservatively evaluate impacts resulting from a worst-case scenario as well. Effectiveness in Meeting Project Objectives As shown in Table V-1, Alternative 4 would meet all of the six objectives identified by the County. In addition, Alternative 4 would also serve to reduce the Countywide consumption of paper carryout bags and the Countywide disposal of paper carryout bags in landfills. Comparison of Effects of the Alternative to Effects of the Project The regulatory framework and existing conditions would be the same as that described for the proposed ordinances. A summary comparison of this alternative to effects of the proposed ordinances is presented in Table V-2. The analysis presented in the table shows that this alternative would be anticipated to result in positive impacts to air quality, biological resources, GHG emissions, hydrology and water quality, and utilities and service systems when compared to the proposed ordinances. Finding: The Board of Supervisors finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible and therefore rejects this alternative. Rationale: This alternative meets all of the basic objectives of the proposed ordinances (Table V-1) and would not result in any increase in the use of paper carryout bags. However, a ban on the issuance of both plastic and paper bags is infeasible at this time because the County prefer to retain an option for consumers to purchase carryout bags. The County anticipates a transition period for consumers to become aware of and adapt to the recommended ordinances, particularly to remember to take and use reusable bags at affected stores. In addition, visitors to the County may not be aware of recommended ordinances and may not know to take and use reusable bags at affected stores in the County. 14 Dona Sturgess, California Department of Resources Recycling and Recovery, Sacramento, CA. 29 April 2010. E-mail to Luke Mitchell, County of Los Angeles, Department of Public Works, Alhambra, CA. 60 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-14 V.F ALTERNATIVE 5: BAN PLASTIC CARRYOUT BAGS AND IMPOSE A FEE ON PAPER CARRYOUT BAGS FOR ALL SUPERMARKETS AND OTHER GROCERY STORES, CONVENIENCE STORES, PHARMACIES, AND DRUG STORES IN LOS ANGELES COUNTY Description of Alternative To maximize to the greatest extent feasible the potential environmental benefit from a fee on the issuance of paper carryout bags, and to mitigate GHG-related impacts from a shift to paper carryout bag use, the County developed Alternative 5, which combines Alternatives 2, 3, and 4. Like Alternatives 3 and 4, Alternative 5 will affect all supermarkets and other grocery stores, pharmacies, drug stores, and convenience stores in the County, with no limits on square footage or sales volumes. Like Alternative 2, Alternative 5 will ban the issuance of plastic carryout bags and place a fee on the issuance of paper carryout bags at affected stores. Alternative 5 will ban the issuance of plastic carryout bags and impose a fee or charge of at least $0.05 on the issuance of paper carryout bags from stores within the County that (1) meet the definition of a “supermarket” as written in the California Public Resources Code, Section 14526.5, and (2) are buildings that have retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law and have a pharmacy licensed pursuant to Chapter 9 of Division 2 of the Business and Professions Code. In addition, Alternative 5 will apply to other grocery stores, convenience stores, and drug stores within the County. Alternative 5, like Alternative 3 and 4, which included the same broader range of stores, will include a phased approach in that it will apply to large grocery stores and pharmacies prior to smaller grocery stores, convenience stores, and drug stores. Alternative 5 will affect approximately 1,091 stores in the unincorporated areas of the County and approximately 5,084 stores in the incorporated cities of the County. 15 , 16 This is the same number of stores analyzed for Alternatives 3 and 4. It is assumed that each store larger than 10,000 square feet currently uses approximately 10,000 plastic carryout bags per day, 17 and that each store smaller than 10,000 square feet currently uses approximately 5,000 plastic carryout bags per day. 18 It is important to note that these numbers are very high, as 10,000 plastic carryout bags per day is more than twice the bag average reported by CalRecycle in 2008 for AB 2449 affected stores. In 2008, 4,700 stores 15 Number of stores in the unincorporated territories of the County was determined from the infoUSA database for businesses with North American Industry Classification System codes 445110, 445120, and 446110 with no filters for gross annual sales volume or square footage. Accessed on: 29 April 2010. 16 Number of stores in the 88 incorporated cities of the County was determined from the infoUSA database for businesses with North American Industry Classification System codes 445110, 445120, and 446110 with no filters for gross annual sales volume or square footage. Accessed on: 29 April 2010. 17 Based on coordination between the County Department of Public Works and several large supermarket chains in the County, it was determined that approximately 10,000 plastic carryout bags are used per store per day. Due to confidential and proprietary concerns, and at the request of the large supermarket chains providing this data, the names of these large supermarket chains will remain confidential. Reported data from only 12 stores reflected a total plastic carryout bag usage of 122,984 bags per day. A daily average per store was then calculated at 10,249 plastic carryout bags and rounded to approximately 10,000 bags per day. 18 Data from the infoUSA indicates that approximately 40 percent of the stores greater than 10,000 square feet in the unincorporated territories of the County are larger than 40,000 square feet. Therefore, the average size of the stores to be affected by the proposed County ordinance would be greater than 20,000 square feet. Accordingly, it would be reasonable to estimate that the stores smaller than 10,000 square feet that would be affected by Alternative 5 would be at less than half the size of the stores to be affected by the proposed ordinances and would use less than half the number of bags. 61 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-15 throughout California affected by AB 2449 reported using an average of 4,695 bags per store per day. 19 While 10,000 plastic carryout bags per store per day may not accurately reflect the actual number of bags consumed per day on average for stores larger than 10,000 square feet in the County, for the purposes of this EIR this number was used to conservatively evaluate impacts resulting from such a worst-case scenario. The same may also be true of the estimate of 5,000 plastic carryout bags per store per day for stores smaller than 10,000 square feet. While this estimate is likely very high, this number was used for the purposes of this EIR to conservatively evaluate impacts resulting from such a worst- case scenario as well. As with the proposed ordinances, Alternative 5 will not result in significant adverse impacts to air quality, biological resources, or hydrology and water quality. Alternative 5 will achieve additional benefits due to a greater reduction in the use of plastic carryout bags. Alternative 5 will lead to a greater reduction in the consumption of plastic carryout bags as a result of including a greater number of stores than the proposed ordinances; therefore, life cycle impacts of plastic carryout bags to air quality, biological resources, GHG emissions, hydrology and water quality, and utilities and service systems will be eliminated, reduced, or avoided in comparison with the proposed ordinances. A minimal transition, as discussed below, from plastic to paper carryout bags will be expected to occur if a fee or charge were placed on the issuance of paper carryout bags. Alternative 5 impacts due to the life cycle impacts of paper carryout bags will be less than the impacts of Alternative 3, which would ban plastic carryout bags at the expanded number of stores without imposing a fee or ban on the issuance of paper carryout bags. Effectiveness in Meeting Project Objectives As shown in Table V-1, Alternative 5 meets all of the basic objectives of the proposed ordinances established by the County. In addition, Alternative 5 will also serve to reduce Countywide consumption of paper carryout bags and the Countywide disposal of paper carryout bags in landfills. Comparison of Effects of the Alternative to Effects of the Project The regulatory framework and existing conditions will be the same as that described for the proposed ordinances. Table V-2 provides a summary comparison of Alternative 5 to the proposed ordinances. The comparative analysis presented in the table shows that Alternative 5 will result in positive impacts to air quality, biological resources, hydrology and water quality, and utilities and service systems. Finding: The Board of Supervisors finds that this alternative is feasible. Rationale: This alternative meets all of the basic objectives of the proposed ordinances (Table V-1). The fee or charge on the issuance of paper carryout bags will allow for flexibility during the anticipated transition period that the County anticipates for consumers to become aware of and adapt to the recommended ordinances, particularly to remember to take and use reusable bags at affected stores, and for visitors to become aware of the recommended ordinances. Further, 19 Dona Sturgess, California Department of Resources Recycling and Recovery, Sacramento, CA. 29 April 2010. E-mail to Luke Mitchell, County of Los Angeles, Department of Public Works, Alhambra, CA. 62 Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 05 (V) Alternatives.Doc Page V-16 because the Alternative 5 will affect a larger number of stores, it will be expected to afford additional benefits to biological resources because it will reduce plastic carryout bag litter, to the greatest extent feasible, that would otherwise end up in wildlife habitats. The alternative will provide for a larger reduction in litter attributable to plastic carryout bags; a greater opportunity for reducing costs related to litter prevention, cleanup, and disposal; and a greater improvement to the quality of life for County residents by reducing litter that blights public spaces. V.G PROPOSED ORDINANCES (ORIGINALLY PROPOSED PROJECT) Description of Proposed Ordinances The proposed ordinances would ban the issuance of plastic carryout bags in the County, and would encourage the 88 incorporated cities to adopt similar ordinances. The proposed ordinances would ban the distribution of plastic carryout bags at affected stores within the County that (1) meet the definition of a “supermarket” as found in the California Public Resources Code, Section 14526.5, and (2) are buildings that have over 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law and have a pharmacy licensed pursuant to Chapter 9 of Division 2 of the Business and Professions Code. The proposed ordinances would affect approximately 67 stores in the incorporated cities of the County and approximately 462 stores in the unincorporated territory of the County. As discussed in detail in the EIR, including in Sections 3.0 and 13.0, the proposed ordinances would not result in significant adverse impacts to air quality, biological resources, hydrology and water quality, and utilities and service systems, and would achieve additional benefits. However, under the County's conservative worst-case scenario, the indirect impacts from the life cycle of paper carryout bags, including end of life, would have the potential to be cumulatively considerable. Effectiveness in Meeting Project Objectives As shown in Table V-1, the proposed ordinances would meet all of the objectives identified by the County. Finding: The Board of Supervisors finds that specific economic, legal, social, technological, or other considerations make the proposed ordinances infeasible and therefore rejects the originally proposed ordinances. Rationale: The originally proposed ordinances meet all of the basic objectives (Table V-1). However, due to the limited number of stores that they would affect (compared to Alternatives 3, 4, or 5), the proposed ordinances would not provide the additional benefits to biological resources that would result from banning the issuance of plastic bags at a greater number of stores (as would Alternative 5). For the same reason, the proposed ordinances would not provide the largest reduction in litter attributable to plastic carryout bags; would not provide the greatest opportunity for reducing costs related to litter prevention, cleanup, and disposal; and would not provide the greatest potential improvement in the quality of life of County residents by reducing litter that blights public spaces. 63Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 06 (VI) MMP.Doc Page VI-1 SECTION VI FINDINGS REGARDING MITIGATION MONITORING PROGRAM VI.A REQUIREMENTS OF MITIGATION MONITORING PROGRAM Pursuant to Section 21081.6 of the Public Resources Code, when a public agency is making findings required by Section 21081, it must adopt a reporting or monitoring program for the changes made to the project or conditions of project approval adopted to mitigate or avoid significant effects on the environment. The County hereby finds that the Mitigation Monitoring Program meets the requirements of Section 21081.6 of the Public Resources Code by providing a monitoring program designed to ensure compliance of the recommended County ordinance with mitigation measures adopted by the County. 64Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 07 (VII) Documents.Doc Page VII-1 SECTION VII FINDINGS REGARDING LOCATION AND CUSTODIAN OF DOCUMENTS VII.A LOCATION AND CUSTODIAN OF DOCUMENTS Section 15091(e) of the California Code of Regulations, State CEQA Guidelines, requires the public agency to specify the location and custodian of the documents or other materials that constitute the record of proceedings upon which the decision is based. Section 10.0, References, of the EIR lists all sources used in the preparation of the environmental analysis. Unless otherwise noted, reference materials are located at the LACDPW, which shall also serve as the custodian of the documents constituting the record of proceedings upon which the County Board of Supervisors has based its decision related to the proposed ordinances. The designated location and custodian of documents is as follows: County of Los Angeles c/o Department of Public Works Attn: Mr. Coby Skye Environmental Programs Division 900 South Fremont Avenue, 3rd Floor Alhambra, California 91803 Tel: (626) 458-5163 References not available from the LACDPW are located at Sapphos Environmental, Inc., and can be reviewed by contacting the following party: Dr. Laura Watson Environmental Compliance Specialist Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 Tel: (626) 683-3547 65Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\Projects\1012\1012-035\Documents\Fof.Soc\Section 08 (Viii) Independent Judgment.Doc Page VIII-1 SECTION VIII CERTIFICATION REGARDING INDEPENDENT JUDGMENT Pursuant to Section 21082.1(c) of the Public Resources Code, the County Board of Supervisors certifies that the Chief Executive Office, the LACDPW, and other County staff, have independently reviewed and analyzed the Final EIR on behalf of the County of Los Angeles. The Chief Executive Office, LACDPW, and other County staff reviewed the Draft EIR prepared by the County and required changes to the document prior to circulation for public review. The Draft EIR that was circulated for public review reflected the independent judgment of the Chief Executive Office and LACDPW, acting on behalf of the County of Los Angeles. The Final EIR similarly has been subject to review and revision by County staff and reflects the independent judgment of the County of Los Angeles. 66Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 09 (IX) SOC.DOC Page IX-1 SECTION IX STATEMENT OF OVERRIDING CONSIDERATIONS As discussed in detail in Section 4.2.6 of the EIR, the indirect impacts from implementation of the recommended ordinances (analyzed as Alternative 5) will result in increased indirect GHG emissions from the decomposition of paper carryout bags in landfills, which will result in cumulatively significant impacts under the County's conservative worst-case analysis. This indirect impact is the only potentially significant impact that will result from Alternative 5. The EIR identified mitigation measure GHG-1 to mitigate GHG emission impacts from the recommended ordinances. While the implementation of mitigation measure GHG-1 will monitor and reduce the consumption of paper carryout bags and, to the maximum extent feasible, indirectly offset end-of- life GHG emissions resulting from the recommended ordinance, the County has decided that no emission reduction credits will be taken for the measure, and for the purposes of the decision- making process, the County will proceed with the conclusion that indirect impacts to end-of-life GHG emissions will remain cumulatively considerable. Section 15093 of State CEQA Guidelines states that, when a public agency approves a project that will result in unavoidable significant impacts, it must state in writing specific reasons to support its decision. If specific economic, legal, social, technological, or other benefits of the project outweigh its unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” Pursuant to Public Resources Code Section 21081(b) and Section 15093 of the State CEQA Guidelines, the Board of Supervisors has considered the benefits of the project along with the unavoidable environmental risks, and has adopted all feasible mitigation measures for the unavoidable significant impact. The Board of Supervisors has also examined a range of reasonable alternatives to the project, and has determined that adoption and implementation of the recommended ordinance (analyzed as Alternative 5) is the most desirable, feasible, and appropriate action. The County Board of Supervisors, as the lead agency for the project pursuant to CEQA, has determined that the economic and environmental benefits of the recommended ordinance outweigh the unavoidable adverse environmental effects resulting from the County's conservative worst-case scenario, and adopts the following Statement of Overriding Considerations. The Board of Supervisors finds that each of the following benefits is an overriding consideration, independent of the other benefits, which warrants approval of the recommended County ordinance. Substantial evidence in the record supports this conclusion, and can be found in the preceding findings, EIR, Record of Proceedings documentation, and public hearings and proceedings for ordinances. IX.A ADVERSE ENVIRONMENTAL RISKS Section 3.3 and Section 4.0 of the EIR identified and evaluated potentially significant cumulative impacts related to GHG emissions. Based on a conservative worst-case analysis, the indirect impacts to GHG emissions from the end-of-life of paper carryout bags may have the potential to be cumulatively considerable, depending on the actual percentage increase in conversion to paper carryout bags, the number of stores affected, the actual bag usage per day, the size of the fee or charge, and other relevant factors that are specific to each of the 88 incorporated cities within the County. In the development of this EIR, the County has recognized and acknowledged that each city has the authority to render an independent decision regarding implementation of its own ordinance. For the purposes of this EIR, the County has extended the worst-case scenario for the 67Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 09 (IX) SOC.DOC Page IX-2 County ordinance and alternatives to a scenario where all 88 cities adopt comparable ordinances. However, an individual determination, including for cumulative impacts, for each city would be contingent on the exact parameters of the city’s proposed ordinance, consideration of the above- identified factors, the city’s adopted thresholds of significance, and its projected AB 32 GHG emissions target. Although the decomposition of paper carryout bags in landfills results in emissions of methane gas, a GHG, it is important to note that the results presented in the EIR are highly conservative and are likely to be overestimates for the County, as emissions from active landfills in the County are strictly controlled by SCAQMD Rule 1150.1, AVAQMD Rule 1150.1, and the new State requirements that regulate methane emissions from landfills in accordance with the goals of AB 32. The USEPA’s Landfill Methane Outreach Program states that methane collection efficiency ranges from 60 to 90 percent. 1,2 The conclusion that GHG emissions from the decomposition of paper carryout bags in landfills is expected to be cumulatively considerable is based on the County’s conservative assumption of a 50-percent conversion from plastic carryout bags to paper carryout bags. However, if the paper carryout bag fee has the effect of decreasing conversion to paper carryout bags by 80 to 90 percent, similar to what occurred with the Ireland and Washington, DC, bag fees, indirect impacts to GHG emissions would be reduced. Although implementation of a fee of $0.10 on the issuance of paper carryout bags will be an incentive for consumers to reduce their consumption of paper carryout bags, the recommended ordinances are expected to result in a limited increase in the use of paper carryout bags, so GHG emission impacts will still have the potential to remain as significantly adverse on a cumulative level. The EIR analyzed Alternatives 1 and 4, which would ban the issuance of paper carryout bags and therefore would avoid any potentially significant cumulative GHG emission impacts due to a potential increase in disposal of paper carryout bags. However, County determined that a ban on the issuance of both plastic and paper carryout bags is infeasible at this time because the County requires an option for consumers to purchase carryout bags at this time. The County anticipates a certain transition period for consumers to become aware of and adapt to the recommended ordinances, particularly to remember to use reusable bags at affected stores. In addition, visitors to the County may not be aware of recommended ordinances and may not know to take and use reusable bags at affected stores in the County. The economic and environmental benefits, as well as public policy considerations, resulting from implementation of the recommended ordinances override the potential cumulative indirect impacts associated with GHG emissions. Implementation of a fee on the issuance of paper carryout bags will minimize the number of paper carryout bags used in the County, as well as any corresponding GHG emissions due to the decomposition of paper carryout bags in landfills. The recommended ordinances will require each affected store to issue a quarterly report of the total number of paper carryout bags sold along with a summary of efforts, if any, undertaken by the store to promote the use of reusable bags. The County will keep records of these reports to ensure that consumers in the County are using fewer carryout bags and more reusable bags as a result of the recommended 1 California Air Resources Board. 17 June 2010. Methane Emissions from Municipal Solid Waste Landfills. Available at: http://www.arb.ca.gov/regact/2009/landfills09/landfillfinalfro.pdf |1010| U.S. Environmental Protection Agency. Accessed on: 7 October 2010. “Landfill Methane Outreach Program.” Web site. Available at: http://www.epa.gov/lmop/basic-info/index.html#a03 68Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 09 (IX) SOC.DOC Page IX-3 ordinances. The County will also use the reports to assess whether the desired effects of the recommended ordinances are being obtained. As part of mitigation measure GHG-1, the County will also implement and/or expand public outreach through an education program to increase the percentage of paper carryout bags that are diverted from landfills. There is nearly universal access to curbside recycling throughout the County, where paper bags can be recycled by homeowners conveniently. Additional public education and outreach would increase the number of bags recycled and further reduce indirect impacts to GHG emissions. Any remaining cumulative GHG emission impacts are overridden by the purpose of the recommended ordinances to substantially reduce the operational costs and environmental impacts associated with the use of plastic carryout bags in the County. IX.B OVERRIDING CONSIDERATIONS The recommended ordinances are consistent with the County’s commitment to environmental stewardship. The County determined that the economic and environmental benefits of implementing the recommended ordinances, as discussed below, outweigh and override the one adverse effect of the recommended ordinances, and any effect remaining after mitigation is deemed acceptable due to several overriding considerations. It is a benefit that the recommended ordinances will assist the County in meeting all six of its basic objectives, which aim to reduce plastic carryout bag use and the associated litter that is found throughout the County: • The recommended ordinances include outreach to all 88 incorporated cities of the County to encourage adoption of comparable ordinances. • The recommended ordinances will assist in reducing the Countywide consumption of plastic carryout bags from the current estimate of 1,600 plastic carryout bags per household in 2007 to fewer than 800 plastic bags per household in 2013. • The recommended ordinances will assist in reducing by 50 percent by 2013 the Countywide contribution of plastic carryout bags to litter that blights the County’s public spaces. • The recommended ordinances will assist in reducing by $4 million the County’s, cities’, and Flood Control District’s costs for prevention, cleanup, and enforcement efforts to reduce litter in the County. • The recommended ordinances will assist in substantially increasing awareness of the negative impacts of plastic carryout bags and the benefits of reusable bags, and reach at least 50,000 residents (5 percent of the population) with an environmental awareness message. • The recommended ordinances will assist in reducing Countywide disposal of plastic carryout bags in landfills by 50 percent from 2007 annual amounts. The benefit that the recommended ordinances meet the County's basic objectives in conjunction with additional benefits described below outweigh and override the adverse environmental effect identified in the EIR. Economic Considerations It is a benefit that the recommended ordinances will help to reduce the costs associated with plastic carryout bag litter, and this consideration alone outweighs and overrides the one adverse 69Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 09 (IX) SOC.DOC Page IX-4 effect identified in the EIR. The recommended ordinances will help to reduce the amount of litter in the County attributable to plastic carryout bags and the associated costs to government for litter prevention, cleanup, and enforcement efforts. Research conducted by the LACDPW found that approximately 6 billion plastic carryout bags are consumed in the County each year, which is equivalent to approximately 1,600 bags per household per year. 3,4,5 California public agencies spend more than $375 million each year for litter prevention, cleanup, and disposal. In the County, specifically, the County Flood Control District alone exhausted $24 million of these public funds in 2008–2009 (the most recent data available), while LACDPW expended additional resources separate from and in addition to state funds to address litter. 6,7 By banning the issuance of plastic carryout bags at all supermarkets and other grocery stores, convenience stores, pharmacies, and drug stores in the County, the recommended ordinances will significantly reduce the number of plastic carryout bags used in the County, along with the associated litter attributable to plastic carryout bags. Paper carryout bags are less likely than plastic carryout bags to be littered and to end up in storm water runoff because they are heavier (anywhere from 6 to 10 times) than plastic bags, and are therefore less likely to become airborne and scattered as litter.|1010| Survey data received by LACDPW staff indicate that plastic carryout bag litter is a major operational problem for landfills within the County’s incorporated and unincorporated areas. Landfill operators noted that plastic bags cause serious litter issues due to their lightweight nature and propensity to become airborne.|10 10| Each survey respondent indicated that it was costly and time consuming to provide cleanup crews to address the plastic bag litter problem in neighborhoods in County’s unincorporated and incorporated areas that are adjacent to these landfills. 10 Unlike regular plastic, paper is biodegradable and compostable; the paper used to make standard paper carryout bags is originally derived from wood pulp, which is a naturally biodegradable material. 11 Due to the biodegradable properties of paper, paper bags do not persist in the marine environment for as long as plastic bags. 12 A study performed in Washington, DC, showed that plastic bag trash accounted for 45 percent of the trash collected in tributary streams, and was the 3 California Integrated Waste Management Board. 12 June 2007. Board Meeting Agenda, Resolution: Agenda Item 14. Sacramento, CA. |1010| U.S. Census Bureau. 2000. “State & County Quick Facts: Los Angeles County, California.” Web site. Available at: http://quickfacts.census.gov/qfd/states/06/06037.html |1010| At an average of slightly fewer than three persons per household |1010| California Department of Transportation. Accessed: September 2009. “Facts at a Glance.” Don’t Trash California. Available at: http://www.donttrashcalifornia.info/pdf/Statistics.pdf |1010| County of Los Angeles. October 2009. Los Angeles County Municipal Storm Water Permit (Order 01-182) Individual Annual Report Form. Available at: http://dpw.lacounty.gov/wmd/NPDESRSA/AnnualReport/2009/Appendix%20D%20- %20Principal%20Permittee%20Annual%20Report/Principal%20Permittee%20Annual%20Report.pdf |1010| Cadman, J., S. Evans, M. Holland, and R. Boyd. 2005. Proposed Plastic Bag Levy – Extended Impact Assessment Final Report. Prepared for: Scottish Executive. |10 10| County of Los Angeles Department of Public Works. 2007. Survey: All Solid Waste Facilities: Plastic Bag Analysis for the County of Los Angeles. Los Angeles, CA. 10 County of Los Angeles Department of Public Works. 2007. Survey: All Solid Waste Facilities: Plastic Bag Analysis for the County of Los Angeles. Los Angeles, CA. 11 County of Los Angeles, Department of Public Works. Accessed on: 28 April 2010. Backyard Composting. Web site. Available at: http://dpw.lacounty.gov/epd/sg/bc.cfm 12 Andrady, Anthony L. and Mike A. Neal. 2009. “Applications and Societal Benefits of Plastics.” In Philosophical Transactions of the Royal Society B: Biological Sciences, 364: 1977–1984. 70Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 09 (IX) SOC.DOC Page IX-5 most abundant type of trash in the streams, probably due to the amount of brush and vegetation in streams that can snag the bags. More than 20 percent of the trash in rivers was also attributed to plastic bags. Paper products were not found in the streams except in localized areas, and were not present downstream. The study stated that political action to eliminate the use of free plastic carryout bags would effectively remove a significant portion of trash from streams and rivers. 13 The recommended ordinance will remove a significant source of litter from the County, thereby improving the quality of life for Los Angeles residents by reducing litter that blights public spaces and reducing the costs of litter cleanup. Environmental Considerations It is a benefit that the recommended ordinances will help to reduce the environmental impacts associated with plastic carryout bag use, and this consideration alone outweighs and overrides the one adverse environmental effect identified in the EIR. The County has approximately 75 miles of shoreline along the Pacific Ocean, into which the County’s storm drain and flood control system empties. The CIWMB estimates that approximately 147,038 tons of plastic grocery and other merchandise bags were disposed of in California in 2003, about 0.4 percent of the state’s overall waste stream by weight. 14 CIWMB states, “plastic film, especially grocery bags, constitutes a high percentage of litter, which is unsightly, costly to clean up, especially when it enters marine environments, and causes serious negative impacts to shore birds and sea life.” 15 The CIWMB estimates that approximately 3.9 percent of plastic waste can be attributed to plastic carryout bags related to grocery and other merchandise. Several organizations have studied the effects of plastic litter: Caltrans conducted a study on freeway storm water litter; 16 the Friends of Los Angeles River conducted a waste characterization study on the Los Angeles River; 17 the City of Los Angeles conducted a waste characterization study on 30 storm drain basins; 18 and LACDPW conducted a trash reduction and a waste characterization study of street sweeping and trash capture systems near and within the Hamilton Bowl, located in Long Beach, California. 19 These studies concluded that plastic film (including plastic bag litter) composed between 7 to 30 percent by mass and between 12 to 34 percent by volume of the total litter collected. 20 13 Anacostia Watershed Society. December 2008. Anacostia Watershed Trash Reduction Plan. Prepared for: District of Columbia Department of the Environment. 14 California Integrated Waste Management Board. December 2004. Statewide Waste Characterization Study. Sacramento, CA. 15 California Integrated Waste Management Board. Accessed on: 1 March 2010. Plastic Film Cooperative Recycling Initiative. Problem Statement. Available at: http://www.calrecycle.ca.gov/Plastics/Film/#Problem 16 Combs, Suzanne, John Johnston, Gary Lippner, David Marx, and Kimberly Walter. 2001. Results of the Caltrans Litter Management Pilot Study. Sacramento, CA: California Department of Transportation. Available at: http://www.owp.csus.edu/research/papers/papers/PP020.pdf 17 City of Los Angeles. 18 June 2004. Characterization of Urban Litter, p.1–5. Prepared by: Ad Hoc Committee on Los Angeles River and Watershed Protection Division. Los Angeles, CA. 18 City of Los Angeles. 18 June 2004. Characterization of Urban Litter, p.1–5. Prepared by: Ad Hoc Committee on Los Angeles River and Watershed Protection Division. Los Angeles, CA. 19 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 20 County of Los Angeles, Department of Public Works, Environmental Programs Division. August 2007. An Overview of Carryout Bags in Los Angeles County: A Staff Report to the Los Angeles County Board of Supervisors. Alhambra, CA. Available at: http://dpw.lacounty.gov/epd/PlasticBags/PDF/PlasticBagReport_08-2007.pdf 71Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 09 (IX) SOC.DOC Page IX-6 During the 2008 International Coastal Cleanup led by the Ocean Conservancy, 400,000 volunteers picked up 6.8 million pounds of trash from lakes, rivers, streams, and ocean beaches around the world. One in every 10 items collected was a plastic bag. Plastic bags accounted for 12 percent of the total number of items collected, with a total of 1,377,141, and were the second most prevalent form of marine debris collected during the cleanup, after cigarettes / cigarette filters. 21 A survey by the National Marine Debris Monitoring Program, funded by the USEPA, used standardized methodology to monitor marine debris in the United States over a 5-year period. The most abundant debris items found during the survey were straws, plastic beverage bottles, and plastic bags. According to survey data, approximately 50 percent of all marine debris in the United States originates from land-based activities, and approximately 30 percent of all marine debris originates from general sources, including plastic bottles and plastic bags. Plastic bags with a seam of less than 1 meter in length made up 9 percent of the total number of items recorded. 22 Furthermore, the survey saw a substantial increase in general-source items over the 5-year monitoring period, with an average annual increase of 5.4 percent. Plastics break down into smaller pieces over time, eventually forming tiny particles of plastics called microplastics. 23 However, plastics are chemically resistant and do not biodegrade, so they persist in the marine environment. 24 A study of the coastal ocean conducted in 2002 near Long Beach, California, showed that on average there were eight pieces of plastic per cubic meter of coast. The average mass of plastic was 2.5 times greater than that of plankton, and was even greater after a storm. 25 Plastic fragments and plastic resin pellets used in the manufacture of plastic products can serve as vehicles for persistent organic pollutants such as polychlorinated biphenyls (PCB) and dichlorodiphenyltrichloroethan (DDT), which can cause adverse impacts to biological resources if ingested, including internal blockages and toxic poisoning. 26,27,28,29 As discussed in Section 3.2 of the EIR, according to the RWQCB for the Los Angeles Region, trash can be harmful to wildlife species, and plastic bags are one of the more common items of trash observed by RWQCB staff. 30 Seabirds, sea turtles, and marine mammals that feed at or near the ocean surface are especially prone to ingesting plastic debris that floats, and can die as a result of 21 Ocean Conservancy. A Rising Tide of Ocean Debris and What We Can Do About It. International Coastal Cleanup 2009 Report. Available at: http://www.oceanconservancy.org/pdf/A_Rising_Tide_full_lowres.pdf 22 Sheavly, S.B. 2007. National Marine Debris Monitoring Program: Final Program Report, Data Analysis and Summary, 76 pp. Prepared by: Ocean Conservancy, Grant Number X83053401-02. Prepared for: U.S. Environmental Protection Agency, Washington, District of Columbia. 23 Thompson, R. C. 7 May 2004. "Lost at Sea: Where Is All the Plastic?" In Science, 304 (5672): 843. 24 Andrady, Anthony L. and Mike A. Neal. 2009. “Applications and Societal Benefits of Plastics.” In Philosophical Transactions of the Royal Society B: Biological Sciences, 364: 1977–1984. 27 Takada, H. et. al. Pellet Watch: Global Monitoring of Persistent Organic Pollutants (POPs) using Beached Plastic Resin Pellets. Available at: http://www.tuat.ac.jp/~gaia/ipw/documents/takadaproceeding.pdf 28 Teuten, E. L. et. al. 2009. “Transport and release of chemicals from plastic to the environment and to wildlife.” In Philosophical Transactions of the Royal Society B: Biological Sciences, 364: 2027-2045. 29 Todd, Peter, A. et. al. 2010. “Impacts of Pollution on marine life in Southeast Asia.” In Biodiversity and Conservation 19: 1063–1082. 30 Regional Water Quality Control Board, Los Angeles Region. Revised 27 July 2007. “Trash Total Maximum Daily Loads for the Los Angeles River Watershed.” Los Angeles, CA. 72Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 09 (IX) SOC.DOC Page IX-7 ingestion, starvation, suffocation, infection, drowning, and entanglement. 31,32,33,34,35 The recovery plan drafted by the National Marine Fisheries Service and the U.S. Fish and Wildlife Service for the endangered leatherback turtle (Dermochelys coriacea) lists ingestion of marine debris, including plastic bags, as one of the factors threatening this species. 36 The recovery plan states that leatherback turtles consume floating plastic, including plastic bags, because they mistake the floating plastic for jellyfish. 37 The recovery plans for the threatened green turtle (Chelonia mydas), loggerhead turtle (Caretta caretta), and olive ridley turtle (Lepidochelys olivacea) also note that ingestion of plastic bags is a serious threat to those species. 38,39,40 The recovery plan for the short- tailed albatross (Phoebastria albatrus) also indicates that ingestion of plastics is a serious threat to the federally endangered species. 41 Based on this evidence, the prevention of trash, such as plastic carryout bags, from entering the water bodies like the Los Angeles River can help improve habitats and benefit aquatic species. 42 Jared Blumenfeld, the USEPA’s regional administrator for the Pacific Southwest, said recently that the ban on plastic carryout bags in American Samoa “will decrease the amount of plastic waste in the territory and directly protect marine and bird life in the Pacific.” 43 Although the recommended ordinance could increase the production, distribution, and disposal of paper carryout bags, the paper bags have the potential to biodegrade if they are sufficiently exposed to oxygen, sunlight, moisture, soil, and microorganisms (such as bacteria); they are denser and less susceptible to becoming airborne than plastic bags; and they generally have a higher 31 California Ocean Protection Council. 20 November 2008. An Implementation Strategy for the California Ocean Protection Council Resolution to Reduce and Prevent Ocean Litter. Available at: http://www.opc.ca.gov/webmaster/ftp/pdf/opc_ocean_litter_final_strategy.pdf 32 National Research Council, Committee on the Effectiveness of National and International Measures to Prevent and Reduce Marine Debris and Its Impacts. 2008. Tackling Marine Debris in the 21st Century. 33 U.S. Environmental Protection Agency. August 2002. Assessing and Monitoring Floatable Debris. Washington, DC. 34 California Ocean Protection Council. 20 November 2008. An Implementation Strategy for the California Ocean Protection Council Resolution to Reduce and Prevent Ocean Litter. Available at: http://www.opc.ca.gov/webmaster/ftp/pdf/opc_ocean_litter_final_strategy.pdf 35 Gregory, Murray R. 2009. “Environmental Implications of Plastic debris in Marine Settings --Entanglement, Ingestion, Smothering, Hangers-on, Hitch-hiking and Alien Invasions.” In Philosophical Transactions of the Royal Society B: Biological Sciences, 364: 2013–2025. 36 National Marine Fisheries Service and U.S. Fish and Wildlife Service. 1998. Recovery Plan for U.S. Pacific Populations of the Leatherback Turtle. Available at: http://www.nmfs.noaa.gov/pr/pdfs/recovery/turtle_leatherback_pacific.pdf 37 National Marine Fisheries Service and U.S. Fish and Wildlife Service. 1998. Recovery Plan for U.S. Pacific Populations of the Leatherback Turtle. Available at: http://www.nmfs.noaa.gov/pr/pdfs/recovery/turtle_leatherback_pacific.pdf 38 National Marine Fisheries Service and U.S. Fish and Wildlife Service. 1998. Recovery Plan for U.S. Pacific Populations of the East Pacific Green Turtle. Available at: http://www.nmfs.noaa.gov/pr/pdfs/recovery/turtle_green_eastpacific.pdf 39 National Marine Fisheries Service and U.S. Fish and Wildlife Service. 1998. Recovery Plan for U.S. Pacific Populations of the Loggerhead Turtle. Available at: http://www.nmfs.noaa.gov/pr/pdfs/recovery/turtle_loggerhead_pacific.pdf 40 National Marine Fisheries Service and U.S. Fish and Wildlife Service. 1998. Recovery Plan for U.S. Pacific Populations of the Olive Ridley Turtle. Available at: http://www.nmfs.noaa.gov/pr/pdfs/recovery/turtle_oliveridley.pdf 41 U.S. Fish and Wildlife Service. September 2008. Short-tailed Albatross Recovery Plan. Available at: http://alaska.fws.gov/fisheries/endangered/pdf/stal_recovery_plan.pdf 42 Regional Water Quality Control Board, Los Angeles Region. Revised 27 July 2007. “Trash Total Maximum Daily Loads for the Los Angeles River Watershed.” Los Angeles, CA. 43 U.S. Environmental Protection Agency. 30 September 2010. “U.S. EPA applauds American Samoa’s decision to ban plastic shopping bags.” Available at: http://yosemite.epa.gov/opa/admpress.nsf/0/921A87D72D9AAFC1852577AE007394F1 73Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 09 (IX) SOC.DOC Page IX-8 recycling rate than do plastic bags. The USEPA reported that the recycling rate for high-density polyethylene plastic bags and sacks was 11.9 percent in 2007, compared to a recycling rate of 36.8 percent of paper bags and sacks. 44 Currently, CIWMB estimates that less than 5 percent of plastic film in California is recycled. 45 The high recycling rate for paper bags and sacks is due in part to the availability of curbside recycling programs. The County currently has an education outreach program for curbside recycling, which includes paper carryout bags. 46 There is nearly universal access to curbside recycling throughout the County, where homeowners can conveniently recycle paper bags. The paper used to make standard paper carryout bags is originally derived from wood pulp, which is a naturally biodegradable and compostable material, and stores in the County are already using paper carryout bags composed of a minimum of 40 percent post-consumer recycled content. Therefore, based upon the available evidence, paper carryout bags are less likely to become litter than are plastic carryout bags. Public Policy Considerations The recommended ordinances are consistent with the County’s commitment to environmental stewardship and its commitment to reduce carryout bag use and litter, while increasing the use of reusable bags and recycling in the unincorporated areas of the County. 47 This consideration is a benefit and alone outweighs and overrides the one adverse effect identified in the EIR. The County’s commitment to this policy is demonstrated by its adoption of the County’s voluntary Single Use Bag Reduction and Recycling Program in January 2008, which was a comprehensive strategy to reduce the consumption and disposal of plastic and paper carryout bags that sought to join the interests of supermarkets and retail stores, environmental groups, the plastic bag industry, local government, and the public. Further, from November 15 to December 17, 2009, the LACDPW conducted a Brag About Your Bag campaign to promote reusable bags Countywide, during which it distributed over 50,000 reusable bags at supermarkets throughout the County. 48 The recommended ordinances are also consistent with the County’s policy and agenda to support and/or sponsor Statewide legislation regarding carryout bags. The County's current policy is to “support legislation which reduces the environmental impacts of single-use carryout bags and decreases the financial burden on local governments to address those impacts, including legislation 44 U.S. Environmental Protection Agency. November 2008. “Table 21: Recovery of Products in Municipal Solid Waste, 1960 to 2007.” Municipal Solid Waste in the United States: 2007 Facts and Figures. Washington, DC. Available at: http://www.epa.gov/waste/nonhaz/municipal/pubs/msw07-rpt.pdf. The referenced table included the recovery of post- consumer wastes for the purposes of recycling or composting, it did not include conversion/fabrication scrap. The report includes the recovery of plastic bags, sacks, and wraps (excluding packaging) for a total of 9.1 percent of plastic recovered in this category. The County of Los Angeles conservatively estimates that the percentage of plastic bags in this category for the County of Los Angeles is less than 5 percent. 45 California Integrated Waste Management Board. Accessed on: 1 March 2010. Plastic Film Cooperative Recycling Initiative. Problem Statement. Available at: http://www.calrecycle.ca.gov/Plastics/Film/#Problem 46 County of Los Angeles, Department of Public Works. Accessed on: 12 October 2010. Outreach Programs. Web sites. available at: http://dpw.lacounty.gov/epd/recycling/outreach.cfm and http://dpw.lacounty.gov/epd/recycling/crm.cfm 47 County of Los Angeles Board of Supervisors. 19 December 2006. “Policy No. 3.045, Energy and Environmental Policy.” Board of Supervisors Policy Manual. Available at: http://countypolicy.co.la.ca.us/ 48 County of Los Angeles. “Los Angeles County’s Voluntary Single Use Bag Reduction and Recycling Program.” Web site. Available at: http://www.bragaboutyourbag.org/ 74Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 09 (IX) SOC.DOC Page IX-9 which seeks to promote the use of reusable bags, reduce the use of plastic or paper carryout bags, and/or increase at-store recycling of carryout bags.” 49 In addition, the recommended ordinances further the goals of the Countywide Strategic Plan, which directs the provision of operational effectiveness and community and municipal services. The recommended ordinances will reduce carryout bag use and associated litter, while promoting the use of reusable bags. The recommended ordinances will also help meet the goals of the Countywide Strategic Plan by implementing environmentally responsible practices to reduce the County’s impacts and promote environmental stewardship, and by coordinating departmental resources effectively to cost effectively implement environmentally beneficial programs. The recommended ordinances will assist in reducing direct costs related to maintaining the County's storm water and flood control infrastructure. The recommended ordinances will also help reduce blight, litter, and other negative environmental impacts associated with carryout bags, while promoting sustainability, thereby improving the well-being of County residents. The County’s efforts to reduce carryout bag consumption and litter, while increasing the use of reusable bags and recycling, are ongoing. 49 County of Los Angeles Chief Executive Office. 1 June 2010. Board Letter: Motion To Support AB 1998 (Brownley) Related to Single-Use Carryout Bags and Revise The County's State Legislative Agenda to Expand Existing Legislative Policy on Single-Use Carryout Bags (Item No. 64-C - Agenda of June 1, 2010). Los Angeles, CA. 75Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 10 (X) Section 15091 Findings.DOC Page X-1 SECTION X FINDINGS Based on the foregoing findings and the information contained in the record, the Board of Supervisors of the County of Los Angeles makes the following findings with respect to the significant environmental impacts resulting from the Ordinances to Ban Plastic Carryout Bags in Los Angeles County pursuant to Section 15091 of the State CEQA Guidelines: • Changes or alterations have been required in, or incorporated into, the recommended ordinance to avoid or substantially lessen the significant environmental effects as identified in the Final EIR. • The changes and alterations for the recommended ordinance for the unincorporated area of the County are within the responsibility and jurisdiction of the County. • With respect to the impacts that could occur if the County’s 88 incorporated cities adopted similar ordinances, the Board of Supervisors finds that incorporation of changes or alterations similar to those set forth in mitigation measure GHG-1 are within the responsibility and jurisdiction of those agencies and not the County. Such changes have been adopted by such other agencies or can and should be adopted by such other agencies. However, the Board of Supervisors acknowledges that the feasibility of such changes or alterations similar to those set forth in mitigation measure GHG-1, including the feasibility of each element of such mitigation measure, is within the sole discretion of such other agencies. • The mitigation measure identified in the Final EIR is feasible and will be required as a condition of approval of the recommended ordinance. Based on the foregoing findings and the information contained in the record, the Board of Supervisors makes the following additional findings regarding the environmental impacts resulting from the Ordinances to Ban Plastic Carryout Bags in Los Angeles County: • Comments, responses to comments, and revisions to the Draft EIR merely clarify and amplify the analysis presented in the EIR and require recirculation of the EIR according to the State CEQA Guidelines, Section 15088.5(b). Similarly, revisions to the definitions contained in the Draft EIR for the proposed ordinances, alternatives, and mitigation measures since publication of the Draft EIR do not result in any new significant impacts or any substantial increases in the severity of an environmental impact that was not described in the Draft EIR, and do not require recirculation according to the State CEQA Guidelines, Section 15088.5(b). • After careful consideration of all comments, the Board of Supervisors recognizes that disagreements among experts still remain regarding the environmental impacts identified in the EIR. These disagreements are addressed in throughout the EIR, including in Sections ES.3, 3.0, 4.0, and 13.0, and the Board of Supervisors finds that substantial evidence supports the conclusions of the EIR. • The recommended ordinance and the adoption of similar ordinances by each of the County’s 88 incorporated cities (identified as Alternative 5 in the EIR) is feasible and 76Ordinances to Ban Plastic Carryout Bags in Los Angeles County FOF/SOC November 3, 2010 Sapphos Environmental, Inc. W:\PROJECTS\1012\1012-035\Documents\FOF.SOC\Section 10 (X) Section 15091 Findings.DOC Page X-2 capable of meeting all of the basic objectives of the proposed ordinances. In Section 4.2.6, the EIR provides a detailed analysis of impacts resulting from adoption of the recommended ordinance and adoption of similar ordinances by the County’s 88 incorporated cities. • In the development of the EIR, the County recognized and acknowledged that each city has the authority to render an independent decision regarding implementation of its own comparable ordinance. For the purposes of this EIR, the County has extended the conservative worst-case scenario for the proposed ordinances and alternatives to a scenario where all 88 cities adopt comparable ordinances. However, each city has sole discretion in making an individual determination, including for cumulative impacts, regarding the exact parameters of the city’s proposed ordinance, the actual percentage increase in conversion to paper carryout bags, the number of stores affected, the actual bag usage per day, the size of the fee or charge, if any, its projected AB 32 GHG emissions target, and any other relevant factors specific to each incorporated city. Based on the foregoing findings and the substantial evidence contained in the record, and as conditioned by the foregoing findings: • All effects on the environment due to the recommended ordinances have been eliminated or substantially lessened where feasible. • Alternative 5 has been deemed feasible and capable of meeting all of the basic objectives of the proposed ordinances, and has been chosen to be carried forward for adoption. • Any remaining significant environmental effects that have been found to be unavoidable are acceptable due to the overriding concerns set forth in the foregoing Statement of Overriding Considerations. 77 City of Culver City Plastic Carryout Bag Ordinance Addendum to the Ordinances to Ban Plastic Carryout Bags in Los Angeles County Final EIR April 2013 78 Plastic Carryout Bag Ordinance Addendum to the Ordinances to Ban Plastic Carryout Bags in Los Angeles County Final EIR Prepared for: City of Culver City Department of Public Works 9770 Culver Boulevard Culver City, CA 90232 Contact: Helen B. Kerstein, Management Analyst (310) 253-5618 Prepared by: Rincon Consultants, Inc. 180 North Ashwood Avenue Ventura, California 93003 April 2013 79 This report is printed on 30% recycled paper with 30% post-consumer content and chlorine-free virgin pulp. 80Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City Plastic Carryout Bag Ordinance Addendum to the Ordinances to Ban Plastic Carryout Bags in Los Angeles County Final EIR TABLE OF CONTENTS Page Introduction .......................................................................................................................1 Project Description ..........................................................................................................1 Environmental Impacts ..................................................................................................5 Air Quality ..............................................................................................................5 Biological Resources ..............................................................................................9 Greenhouse Gas Emissions ..................................................................................9 Hydrology and Water Quality ..........................................................................14 Utilities and Service Systems ..............................................................................16 Conclusion ....................................................................................................................22 List of References ...........................................................................................................23 List of Preparers .............................................................................................................24 22 Appendix Appendix A: Potential Regulated Retailers in Culver City Impact Worksheets (Ecobilan and Boustead data) GHG Calculations for Truck Trips URBEMIS Results for Truck Trips Appendix B: Culver City Draft Ordinance Appendix C: Mitigation Monitoring and Reporting Program (MMRP) 81Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City This page intentionally left blank 82Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 1 INTRODUCTION This document is an addendum to the Ordinances to Ban Plastic Carryout Bags in Los Angeles County Final Environmental Impact Report (EIR) that was adopted by the County of Los Angeles Board of Supervisors on November 16, 2010 (SCH #2009111104). As one of the 88 incorporated cities within Los Angeles County, Culver City proposes an ordinance to ban plastic carryout bags consistent with the ordinance analyzed in the County’s Final EIR and adopted by the Board of Supervisors. The addendum is required to address the possible environmental effects associated with adoption of such an ordinance within Culver City. Culver City’s proposed Ordinance would ban the provision of plastic carryout bags and would place a minimum ten (10) cent charge on the issuance of recyclable paper carryout bags by an affected store, as defined (please see Project Description below for definition of “store”). The proposed Ordinance would also require affected stores to provide reusable bags to customers, either for sale or at no charge. According to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to a previously adopted Final EIR is the appropriate environmental document in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects beyond those identified in an adopted Final EIR. The action being contemplated involves adopting a Plastic Carryout Bag Ban Ordinance in the City that is similar to the County’s adopted Ordinance. The City is one of the 88 incorporated cities that were included in the EIR analysis for the County’s Ordinance. The City would adopt the County’s Plastic Carryout Bag Ordinance with a few minor changes that are specific to Culver City. These minor revisions are discussed below in the project description. The City’s proposed Ordinance would have no new significant environmental effects beyond those identified in the County’s Certified EIR. Since the proposed Ordinance does not require substantial changes to the County’s Ordinance, major revisions of the EIR analysis are not warranted. As such, a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines would not be warranted and an addendum is the appropriate environmental document under CEQA. This addendum includes a description of the currently proposed Ordinance in Culver City and a comparison of the impacts of the proposed Ordinance to those identified for the County’s approved Ordinance, which was studied in the Final EIR that the County certified on November 16, 2010. PROJECT DESCRIPTION The proposed Plastic Carryout Bag Ordinance (“Ordinance”) would ban the issuance of plastic carryout bags and impose a minimum ten (10) cent charge on the issuance of recyclable paper carryout bags at “stores”, as defined by the Ordinance. The Ordinance would also require stores to provide reusable bags to customers, either for sale or at no charge. Under the Ordinance and for the purposes of this Addendum, “stores” that would be affected are those located within the City limits and defined as follows: 83Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 2 1. A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or non-food items and some perishable items; or 2. A store of at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 [commencing with Section 7200] of Division 2 of the Revenue and Taxation Code) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or 3. A drug store, pharmacy, supermarket, grocery store, convenience store, food mart, of other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. The proposed Ordinance includes compostable and biodegradable plastic carryout bags in the definition of plastic carryout bags, and, as a result, these types of plastic bags would be banned as well. The proposed Ordinance would impose a minimum ten (10) cent charge on recyclable paper carryout bags and requires that the paper bags be one hundred percent (100%) recyclable, contain a minimum of forty percent (40%) post-consumer recycled material, and be accepted for recycling in curbside programs in the City, among other criteria. With respect to reusable bags, the Ordinance would require that the reusable bag be designed for a minimum lifetime of 125 uses, be washable (either by machine or by hand), and not contain lead, cadmium, or any other heavy metal in toxic amounts, among other criteria. Plastic bags that are a minimum of 2.25 mils thick and meet the criteria listed above, are considered to be reusable bags, per the definition in the Ordinance. The proposed Ordinance would exempt from the minimum ten (10) cent charge those customers who are participating either in the California Special Supplemental Food Program for the Women, Infants, and Children or the Supplemental Food Program. Stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, to these customers, at the store’s option. Customers may also opt to use their own reusable bags or not use any bag. Utilizing the bag use estimate assumptions contained in the County’ EIR, as shown in Table 1, it is anticipated that the proposed Ordinance would reduce 440,000 plastic bags per day that are currently used in the City, and would replace those bags with approximately 220,000 paper bags and 1,760 reusable bags per day. This would equate to reducing 160.6 million plastic bags per year with approximately 80.3 million recyclable paper bags and 642,400 reusable bags. Further, utilizing the City’s database for business licenses, it is anticipated that approximately 72 retailers in Culver City would be subject to the proposed Ordinance. A list of these potential retailers is provided in Appendix A. 84Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 3 Table 1 Plastic Checkout Bag Replacement Assumptions in Culver City Type of Bag Replacement Assumption Net Change in Bags used Post-Ordinance (per Day) Net Change in Bags used Post-Ordinance (per Year) Explanation Single-use Plastic 440,000 Plastic Bags per day (160,600,000 per year) currently used at 72|1010| stores in Culver City to be removed (440,000)|1010| (160,600,000) Because the proposed Bag Ordinance would apply to 72 stores included under the ordinance, no plastic bags would remain in circulation at these locations Recyclable Paper 50%|1010| of current plastic bags used 220,000 80,300,000 Although the volume of a single- use paper carryout bag is generally 150% of the volume of a single-use plastic bag, such that fewer paper bags would be needed to carry the same number of items, it is conservatively assumed that paper would replace plastic at a 1:1 ratio. Reusable 50%|1010| of current plastic bags used, but used approximately 125 times 1,760 642,400 Because the proposed Ordinance requires that reusable bags be designed to have a minimum lifespan of at least 125 uses, it is assumed that each reusable bag would be used 125 times (thus 220,000 plastic bags per day are replaced by 1,760 per day (=220,000 bags / 125 uses). Total 221,760 80,942,400 ¹ This estimate was derived from the City’s database of business licenses. Businesses with relevant business tax code categories (i.e.: 300 – Liquor Store, 144- Retail Misc, 444-Gasoline Service Stations, etc.) were included, and stores that were clearly not covered (i.e.: retail but only sold clothing, not food items) were removed. If there was a question about a business, the business was included so that the estimate is a conservative estimate. Estimated 16 stores >10,000 square feet and 56 stores < 10,000 square feet in size. |1010| Conversion assumptions based on the Los Angeles County Final EIR ((SCH #2009111104). |1010| Parenthesis ( ) denotes a negative number as the number of single-use plastic bags would be reduced compared to existing conditions as a result of the proposed Ordinance. The differences between the City’s proposed Ordinance and the ordinance adopted by the County include the following: • Under the City’s Ordinance, any store that provides a recyclable paper carryout bag to a customer must charge the customer “at least” 10 cents ($0.10) for each bag provided. The County’s Ordinance required that the fee was 10 cents ($0.10) (not a minimum fee). Thus under the City’s Ordinance stores can charge fees higher than $0.10 if they desire. • The City’s Ordinance allows the City Council to raise the minimum 10 cent charge for paper carryout bags by resolution. • The City’s Ordinance requires all stores to post signage clearly indicating the per bag charge for recyclable paper carryout bags. 85Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 4 • Under the County’s Ordinance stores affected by the ordinance must provide quarterly reports to the Director of Public Works that summarize the money collected for recyclable paper carryout bags and the efforts undertaken to promote the use of reusable bags. Under the City’s Ordinance, affected stores are required to keep records of the total number of recyclable paper carryout bags provided, the total amount of monies collected for providing recyclable paper carryout bags, and a summary of any efforts a store has undertaken to promote the use of reusable bags by customers in the prior year. These reports must be made available for the Public Works Director or his/her designee to review at any time. • The City’s Ordinance would take effect for stores with gross annual sales of $2 million or more and stores of at least 10,000 square feet six months after its effective date. For stores of less than 10,000 square feet, the City’s Ordinance would take effect twelve months after its effective date. The County’s Ordinance operative date was July 1, 2011 for stores of at least 10,000 square feet and January 1, 2012, for stores of less than 10,000 square feet. • The City’s Ordinance does not specify where fines collected shall be deposited, whereas the County’s Ordinance specifies that fines collected shall be deposited in the Solid Waste Management Fund. The differences between the City and County Ordinances as listed above are minor changes that would not result in any changes to the environmental impacts that were identified in the County’s Final EIR (adopted November 2010). It should be noted that the “minimum” $0.10 fee for the City’s proposed Ordinance in comparison to the County’s ordinance which required that the fee was $0.10 (no minimum fee) would not result in impacts greater than analyzed in the County’s Final EIR. The bag use assumptions used in the environmental analysis contained in the County’s Final EIR analyzed a $0.10 fee on recyclable paper bags because under a $0.10 fee, more customers would likely pay for recyclable paper bags in comparison to a higher fee (say at $0.15 or $0.25 per paper bag). The bag use assumptions used in the Addendum utilizes this same approach as a “worst case” scenario. Because more paper bags would be used under a $0.10 fee rather than with a higher fee, and thus greater environmental impacts associated with paper bags, this Addendum utilizes the $0.10 fee as a “worst case” scenario in analyzing environmental impacts. Any fee higher than $0.10 per paper bag would be considered “environmentally superior” to a $0.10 fee as any fee higher than $0.10 would result in the use of fewer recyclable paper bags (and more reusable bags). Thus, the City’s proposed Ordinance which provides a minimum fee of $0.10 would not result in any impacts greater than the County’s adopted ordinance analyzed in the Final EIR. As such, the City’s proposed Ordinance is consistent with the County’s Ordinance, but would be specific to Culver City. The City’s objectives for the proposed Ordinance would be similar to the County’s objectives for the countywide ordinance. The objectives as described in the County’s Final EIR include: • Conduct outreach to all 88 incorporated cities of the County to encourage adoption of comparable ordinances • Reduce the Countywide consumption of plastic carryout bags from the estimated 1,600 plastic carryout bags per household in 2007, to fewer than 800 plastic bags per household in 2013 86Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 5 • Reduce the Countywide contribution of plastic carryout bags to litter that blights public spaces Countywide by 50 percent by 2013 • Reduce the County’s, Cities’, and Flood Control District’s costs for prevention, clean-up, and enforcement efforts to reduce litter in the County by $4 million • Substantially increase awareness of the negative impacts of plastic carryout bags and the benefits of reusable bags, and reach at least 50,000 residents (5 percent of the population) with an environmental awareness message • Reduce Countywide disposal of plastic carryout bags in landfills by 50 percent from 2007 annual amounts Similarly, the City’s proposed Ordinance has five objectives that are consistent with those outlined in the County’s Final EIR: • Reduce the Citywide use of plastic carryout bags • Reduce litter • Assist the County in reducing costs for prevention, clean-up, and enforcement efforts to reduce litter • Substantially increase awareness of the negative impacts of plastic carryout bags and the benefits of reusable bags • Reduce Citywide disposal of plastic carryout bags ENVIRONMENTAL IMPACTS This section addresses each of the environmental issues studied in the Final EIR, comparing the effects of the proposed Culver City Plastic Carryout Bag Ordinance (“proposed Ordinance”) with the effects of the County of Los Angeles Plastic Carryout Bag Ordinance that was the subject of the adopted Final EIR. In addition to stating the County’s finding for each impact statement, the analysis includes a discussion of the City’s impact related to adopting its own plastic carryout bag ban ordinance and the impacts associated with implementation of such an ordinance citywide. The City’s proposed Ordinance would not change any of the impacts identified as less than significant in the County’s Final EIR Initial Study (Volume II: Section D of the Final EIR). Each of those impacts would remain less than significant for the City’s proposed Ordinance. As such, further discussion of these issues in this addendum is not warranted. Air Quality The City’s proposed Ordinance would have impacts related to Air Quality similar to those of the previously studied County Ordinance (identified as Alternative 5 in the County’s Final EIR) since the City’s proposed Ordinance is consistent with the County’s adopted Ordinance and would apply to an estimated 72 stores within the City.|1010| |1010| This estimate was derived from the City’s database of business licenses. Businesses with relevant business tax code categories (i.e.: 300 – Liquor Store, 144- Retail Misc, 444-Gasoline Service Stations, etc.) were included, and stores that were clearly not covered (i.e.: retail but only sold clothing, not food items) were removed. If there was a question about a business, the business was included so that the estimate is a conservative estimate. These stores were considered in the 87Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 6 County’s Final EIR analysis, which considered approximately 5,084 stores in the incorporated cities (which included Culver City). Therefore, all of the stores that would be subject to the City’s proposed Ordinance have already been analyzed for air quality impacts as part of the County’s Final EIR and, as shown below, impacts would be no greater than what was already determined in the County’s Final EIR. Like the County’s Ordinance, the City’s proposed Ordinance does not involve any construction activities; therefore, there would be no regional or localized construction impacts and consideration of construction impacts is not relevant. Thus, this analysis focuses on operational impacts. As studied in the County’s Final EIR, operational impacts include indirect emissions based on life cycle assessments, criteria pollutant emissions resulting from disposal of paper carryout bags in landfills, and emissions resulting from increased delivery trips. Indirect Emissions Based on Life Cycle Assessments. As described on pages 12-41 of the County’s Final EIR, based on a conservative scenario of 50 percent conversion from the use of plastic carryout bags to the use of paper carryout bags, and using life cycle data from the Ecobilan study (2004), the County’s ordinance would be expected to result in an overall decrease in emissions of carbon monoxide (CO), particulate matter (PM), sulphur oxide (SOx) and volatile organic compounds (VOCs), but would result in an increase in nitrogen oxide (NO x). Table 2 shows the estimated daily emission changes that would result if each of the incorporated cities in the County (including Culver City) were to implement a plastic bag ban ordinance similar to the County’s Ordinance. As stated in the County’s Final EIR, these results cannot reasonably be evaluated in relation to the operational thresholds of significance set by SCAQMD because the operational thresholds are intended for specific projects located in the South Coast Air Basin (Basin), whereas LCA data cover all stages of production, distribution, and end-of-life procedures related to a particular product which is not limited to the Basin. As noted above, the City’s approximately 72 stores that would be required to adhere to the City’s proposed Ordinance are included within the approximately 5,084 stores considered in Table 2. The emissions related to converting from plastic to paper bags as a result of the City’s proposed Ordinance are also shown in Table 2. As shown, emissions related to CO, PM, SO x and VOCs would decrease in Culver City and NO x emissions would increase. Therefore, similar to the County’s determination in the Final EIR, impacts as a result of criteria pollutants from the conversion of plastic bags to paper bags would be expected to result in both beneficial impacts (CO, PM, SO x and VOCs) and adverse impacts (NO x) to air quality. In addition to increasing the use of paper bags, by banning the use of plastic carryout bags the proposed Ordinance would be expected to result in increased use of reusable bags which may also increase emissions. However, as described in the County’s Final EIR, because reusable bags must be designed to have a minimum lifespan of at least 125 uses, air quality impacts due to the life cycle of a reusable bag would be expected to be lower than those of a plastic or paper carryout bag when considered on a per-bag basis. Thus, consistent with the findings of the County’s Final EIR, any conversion from the use of plastic carryout bags to reusable bags would reasonably be expected to result in an environmental benefit. 88Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 7 Table 2 Estimated Daily Emission Changes Due to the County’s Ordinance and the City’s Ordinance Based on the Ecobilan Data (lbs/day) Emission Source VOCs¹ NO x CO Sox PM County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas -2,729² 1,058 -5,004 -1,190 -1,936 City Ordinance – 72 stores within Culver City³ -25.9 39.2 -62.4 -6.5 -23.8 Source: Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France. NOTES: 1. Total VOCs include all compounds defined as contributors to the formation of photochemical oxidants in the Ecobilan Study, apart from methane, ethane, and acetone, which are not included in the SCAQMD definition of VOCs under Rule 102. 2. A negative number for emissions indicates the extent of the reduction in air pollutants generated by paper carryout bags in comparison to the air pollutants generated by plastic carryout bags by subtracting the data for plastic carryout bags from the data for paper carryout bags. 3. Emissions related to the 72 stores in Culver City are also included as part of the 5,084 stores in the incorporated areas in the County’s Ordinance emissions. Criteria Pollutant Emissions Resulting from Disposal of Paper Carryout Bags in Landfills. As shown in Table 3, the County’s Final EIR determined that if the County’s Ordinance was implemented in all 88 incorporated cities, including Culver City, NOx emissions resulting from decomposition of carryout bags at a landfill (known as end of life data) would increase by approximately 110 pounds per day. NOx emissions resulting from implementation of the City’s proposed Ordinance would be approximately 2.7 pounds per day as shown in Table 3. Nevertheless, any emissions resulting from the end of life of paper carryout bags, including from truck trips transporting paper carryout bag waste to landfills in the County, are currently controlled by regional and state regulations such as CARB’s Solid Waste Collection Vehicle Rule and SCAQMD Rule 1193, Clean On-road Residential and Commercial Refuse Collection. Therefore, similar to the County’s significance finding, the impacts from the City’s proposed Ordinance to air quality due to end of life (disposal to/in landfills) would be less than significant. Table 3 Estimated Daily NO x Emission Increases Due to End of Life (Disposal) Based on the Ecobilan Data Emission Source NO x (lbs/day)¹ County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 110 City Ordinance – 72 stores within Culver City 2.7 Sources: 1. Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly- sur-Seine, France. 2. U.S. Environmental Protection Agency. November 2008. Municipal Solid Waste in the United States: 2007 Facts and Figures. Washington, DC. Available at: http://www.epa.gov/waste/nonhaz/municipal/pubs/msw07- rpt.pdf NOTES: Assuming 36.8 percent of paper carryout bags are diverted from landfills and 11.9 percent of plastic carryout bags are diverted from landfills, based on the 2007 USEPA recycling rates for bags and sacks. 89Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 8 Emissions Resulting From Increased Delivery Trips. Similar to the County’s Ordinance, the City’s proposed Ordinance would be expected to cause a potential increase in delivery truck trips required to transport paper and reusable carryout bags to affected stores. As stated in the County’s Final EIR, the County’s Ordinance would result in an overall increase of approximately 96 truck trips per day to deliver paper carryout bags. Because reusable bags are expected to be used 125 times, fewer truck trips would be required to deliver reusable bags. Using the County’s method to determine truck trips, with implementation of the City’s proposed Ordinance, the overall increase in truck trips to City stores would be approximately 3 truck trips per day.|1010| As shown in Table 4, similar to the County’s Ordinance, the increase in truck trips in the City would not result in an exceedance of any thresholds of significance set by the South Coast Air Quality Management District (SCAQMD). As with the County’s Ordinance, impacts related to mobile emissions from the City’s proposed Ordinance would be less than significant. Table 4 Estimated Daily Operational Emissions From Increased Truck Trips Emission Source VOCs NO x CO SOx PM 2.5 PM 10 County Ordinance – 96 delivery trucks trips in the incorporated cities of the County and unincorporated areas (paper only) 0.80 1.90 12.02 0.01 0.46 0.40 City Ordinance – 3 delivery truck trips per day in the City (paper and reusable bags) 0.04 0.52 0.20 <0.01 0.07 0.03 SCAQMD Threshold 55 55 550 150 55 150 Significant Impact? No No No No No No County Ordinance Significant Impact? No No No No No No Source: Los Angeles County Final EIR, November 2010; and, URBEMIS output (see Appendix A). As with the County’s Ordinance, the City’s Ordinance would not conflict with or obstruct the implementation of any applicable air quality plan; would not violate any air quality standard or contribute substantially to an existing or projected air quality violation; would not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in non- attainment under an applicable federal or state ambient air quality standard; would not expose sensitive receptors to substantial pollutant concentrations; and would not create objectionable odors affecting a substantial number of people. Consistent with the findings in the County’s Final EIR, impacts to air quality would be below levels of significance and would not result in a cumulatively considerable contribution to a significant cumulative impact. |1010| (16 stores x 10,000 plastic carryout bags per day/2,304,000 plastic carryout bags per truck) + (56 stores x 5,000 plastic bags per day/2,304,000 plastic bags per truck) x 6.5 the number of truck trips for paper rather than plastic x 2 (paper and reusable bags)= 2.5 daily truck trips, rounded up to 3 daily truck trips 90Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 9 Biological Resources As with the County’s Ordinance, the City’s proposed Ordinance would result in a reduction in the use and disposal of plastic carryout bags (reduction of approximately 440,000 plastic bags per day or approximately 160.6 million per year). As such, the City’s Ordinance would achieve reductions in litter composed of plastic carryout bag waste found in freshwater and coastal environments, which has been shown to have significant adverse impacts upon biological resources. The City’s Ordinance would also be anticipated to increase consumer use of reusable carryout bags, which, as discussed in the County’s Final EIR, have not been widely noted to have adverse impacts upon biological resources. Although reusable bags may become a part of the waste stream, they can be reused multiple times (at least 125 times under the proposed Ordinance) and are heavier than plastic carryout bags; therefore, the number of reusable bags that would likely end up as litter that could impact biological resources would be lower than the number of plastic or paper carryout bags. The City’s Ordinance may indirectly increase the number of paper carryout bags used in the City. However, due to their weight, paper bags are less likely to become litter. In addition, because paper is compostable (unlike plastic), paper bags do not persist in the marine environment for as long as plastic bags. For the reasons stated above, consistent with the findings of the County’s Final EIR, the City’s proposed Ordinance would have the potential to reduce impacts to wildlife habitats and aquatic life, and would result in potentially beneficial impacts to sensitive habitats; federally protected wetlands; rare, threatened, and endangered species; and species of special concern. The City’s proposed Ordinance would not have a substantial adverse effect on any species identified as candidate, sensitive, or special status; would not have a substantial adverse effect on riparian habitats or other sensitive natural communities, including federally protected wetlands as defined by Section 404 of the CWA; would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; and would not conflict with any City or County General Plan policies requiring the protection of biological resources. As with the County’s Ordinance, the City’s proposed Ordinance would not result in any significant adverse impacts to biological resources and would achieve additional benefits due to a reduction in the use of plastic carryout bags. Similarly, like the County’s Ordinance, the City’s proposed Ordinance would not result in a cumulatively considerable contribution to a significant cumulative impact to biological resources. Greenhouse Gas Emissions Carryout bags have the potential to contribute to the generation of greenhouse gas emissions (GHGs) either through emissions associated with manufacturing process of carryout bags, truck trips delivering carryout bags to retailers or through disposal during landfill degradation. For the County’s Final EIR (County’s Final EIR, page 12-47, November 16, 2010), it was determined that the County’s proposed ordinance would have a significant impact to greenhouse gas emissions when the potential for any one of the following two thresholds was reached: • Generate greenhouse gas emissions, either directly or indirectly that may have a significant effect on the environment 91Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 10 • Conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases The second threshold was further explained by two additional significance criteria in the County’s Final EIR: • Inconsistency with laws and regulations in managing GHG emissions • Inconsistency with the goal to reduce GHG emissions to 1990 levels (approximately 427 metric tons or 9.6 metric tons of carbon dioxide equivalents (CO 2e) per capita) as required by AB 32 Based on data provided by the California Department of Finance (2012), the existing population in Culver City is approximately 39,004. Manufacturing Process. As discussed in the County’s Final EIR, based on a conservative scenario of a 50 percent conversion from the use of plastic carryout bags to the use of paper carryout bags, and using life cycle data from Ecobilan, the County’s Ordinance would be expected to contribute indirectly to an overall decrease of approximately 12,015 metric tons of GHG emissions per year, as shown in Table 5. Thus, the County’s Final EIR determined that the County’s Ordinance would not be expected to conflict with the County’s 2020 target GHG emissions (108 million metric tons per year) and, therefore, impacts related to the manufacture of paper bags would be less than significant. Similarly, for the City’s proposed Ordinance, the conversion of plastic to paper bags would reduce GHG emissions in the City by approximately 32 metric tons per year, as shown in Table 5. As such, consistent with the findings of the County’s Final EIR, the City’s proposed Ordinance would have a beneficial effect related to GHG emissions from the manufacturing process. Table 5 Estimated GHG Emissions From Manufacturing Process based on Ecobilan Data Emission Areas CO 2e Emission Sources Plastic Carryout Bags Increase from 50% Conversion from Plastic to Paper Carryout Bags Metric Tons per Day Metric Tons per Day Metric Tons per Year² Metric Tons per Year per Capita¹ County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 568 -32.92 -12,015 -0.001 City Ordinance – 72 stores within Culver City³ 6.6 -0.09 -31.6 -0.0008 Source: Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France. Notes: 1. Per capita emissions are calculated using the estimated 2010 population in the County (10,615,700). 2. A negative number for emissions indicates the extent of the reduction in air pollutants generated by paper carryout bags in comparison to the air pollutants generated by plastic carryout bags by subtracting the data for plastic carryout bags from the data for paper carryout bags. 3. Emissions related to the 72 stores in Culver City are also included as part of the 5,084 stores in the incorporated areas in the County’s Ordinance emissions. 92Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 11 The City’s proposed Ordinance would promote an increase in the use of reusable bags, which also emit GHG emissions during the manufacturing process. However, because reusable bags would have a minimum lifetime use of 125 times under the proposed Ordinance, the number of reusable bags required (approximately 1,760 reusable bags per day or approximately 642,400 per year) would be expected to be less than the number of plastic carryout bags (approximately 440,000 plastic bags per day or approximately 160.6 million per year) currently used in the City. Therefore, the conversion of plastic to reusable bags would not result in an increase in GHG emissions from the manufacturing process. Truck Trips. Delivery trucks that transport carryout bags from manufacturers or distributors to the local retailers in Culver City would also contribute GHG emissions. GHG emissions from truck trips result primarily from the combustion of fossil fuels and include CO 2, CH 4, and N 2O. As discussed in the County’s Final EIR, it is anticipated that implementation of the County’s Ordinance in all 88 incorporated cities and in the unincorporated areas would require approximately 96 additional truck trips per year to deliver paper bags. For the City’s proposed Ordinance, as discussed above in Air Quality, approximately 3 truck trips per day would be required to deliver paper and plastic bags to the estimated 72 stores located within Culver City. The estimated increase in GHG emissions associated with truck trips (both countywide and just within the City are shown in Table 6). As shown, the additional truck trips countywide would generate approximately 260 metric tons of GHG emissions per year while in Culver City the 3 additional truck trips would generate 19 metric tons of GHG emissions per year. The total indirect GHG emissions due to mobile sources as a result of a 50-percent conversion of plastic to paper bags within Culver City would represent an increase of approximately 0.000004 percent of California's GHG emissions target for 2020 of 427 million metric tons per year, and approximately 0.000018 percent of the County’s target emissions for 2020 (108 million metric tons), or 0.0005 metric ton per capita per year, which would not conflict with the emission reduction goals established to reduce emissions of GHGs in California down to 1990 levels by 2020 as required by AB 32 (approximately 427 million metric tons in total or 9.6 metric tons per capita by 2020). Therefore, the indirect GHG emissions due to mobile sources for the City’s proposed Ordinance would be less than significant, similar to the determination related to mobile GHG emissions in the County’s Final EIR. Table 6 Estimated GHG Emissions From Daily Mobile Emissions Due to Increased Vehicle Trips Emission Sources CO 2 Emissions (lbs/day) CO 2 Emissions (metric tons/year) Metric Tons per Year per Capita¹ County Ordinance – 96 delivery trucks trips in the incorporated cities of the County and unincorporated areas (paper only) 1,572.35 260.32 0.000025 City Ordinance – 3 delivery truck trips per day in the City|1010| (paper and reusable bags) 114 19 0.0005 Source: Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France. Notes: 1. Per capita emissions are calculated using the estimated 2010 population in the County (10,615,700). 2. A negative number for emissions indicates the extent of the reduction in air pollutants generated by paper carryout bags in comparison to the air pollutants generated by plastic carryout bags by subtracting the data for plastic carryout bags from the data for paper carryout bags. 3. Emissions related to the trips in Culver City for bag delivery are also included in the 96 trips in the incorporated areas in the County’s Ordinance emissions. 93Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 12 Landfill Degradation/End of Life Emissions. Once disposed of by customers, carryout bags that are not recycled are deposited to a landfill where they are left to decompose and degrade. Depending on the type and materials used, a carryout bag will degrade at various rates. When carryout bag materials degrade in aerobic conditions at a landfill, methane (CH 4) is emitted. This contributes to global climate change. As shown in Table 7, using the Ecobilan data for the end of life of plastic and paper carryout bags, disposal of paper carryout bags at landfills would yield approximately 70,250 metric tons of GHG emissions per year, which is equivalent to approximately 0.007 metric tons per capita, based on the County’s Ordinance if applied countywide (incorporated cities and unincorporated areas). For the City’s proposed Ordinance, emissions related to the disposal of paper bags at landfills would generate approximately 1,353 metric tons of GHG emissions per year, which is equivalent to approximately 0.03 metric tons per capita per year in Culver City. This increase would not exceed the 9.6 metric tons CO 2e per capita per year threshold. Impacts would be less than significant. Table 7 Estimated GHG Emissions Increases Due to End of Life Based on Ecobilan Data Emission Sources Increase of CO 2e Emissions (metric tons/year)¹ Metric Tons per Year per Capita County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 70,250 0.0066 City Ordinance – 72 stores within Culver City 1,353 0.03 Source: Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France. U.S. Environmental Protection Agency. November 2008. Municipal Solid Waste in the United States: 2007 Facts and Figures. Washington, DC. Available at: http://www.epa.gov/waste/nonhaz/municipal/pubs/msw07-rpt.pdf Notes: 1. Assuming 36.8 percent of paper carryout bags are diverted from landfills and 11.9 percent of plastic carryout bags are diverted from landfills, based on the 2007 USEPA recycling rates. The Boustead data uses slightly higher emission rates per bag than the Ecobilan data for end of life emissions. As such, based on the Boustead data as shown in Table 8, the County’s Final EIR determined that countywide emissions from disposal of paper carryout bags at landfills would generate approximately 184,621 metric tons of GHG emissions per year. For the City’s proposed Ordinance, emissions related to disposal of paper bags according to the Boustead data would yield approximately 2,255 metric tons of GHG emissions per year, which is equivalent to approximately 0.058 metric tons per capita per year in Culver City. 94Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 13 Table 8 Estimated GHG Emissions Increases Due to End of Life Based on Boustead Data Emission Sources Increase of CO 2 Emissions (metric tons/year)¹ Metric Tons per Year per Capita County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 184,621 0.01739 City Ordinance – 72 stores within Culver City 2,255 0.058 Source: Boustead Consulting and Associates Ltd. 2007. Life Cycle Assessment for Three Types of Grocery Bags – Recyclable Plastic; Compostable, Biodegradable Plastic; and Recycled, Recyclable Paper. Prepared for: Progressive Bag Affiliates. U.S. Environmental Protection Agency. November 2008. Municipal Solid Waste in the United States: 2007 Facts and Figures. Washington, DC. Available at: http://www.epa.gov/waste/nonhaz/municipal/pubs/msw07-rpt.pdf Notes: 1. Assuming 36.8 percent of paper carryout bags are diverted from landfills and 11.9 percent of plastic carryout bags are diverted from landfills, based on the 2007 USEPA recycling rates. The Boustead results are likely to be overestimates as emissions from active landfills in the County are strictly controlled by SCAQMD Rule 1150.1 and AVAQMD Rule 1150.1, Control of Gaseous Emissions from Active Landfills, as well as the new state requirements that regulate methane emissions from landfills in accordance with the goals of Assembly Bill 32 as implemented in the California Air Resources Board Climate Change Scoping Plan (County’s Final EIR, page 12-49, November 2010). Nevertheless, at the time the County’s EIR was adopted, there were no local, regional, State, or federal regulations establishing significance on a cumulative level. According to the EIR, because of this, and “because certain representatives of the plastic bag industry have claimed that paper bags are significantly worse for the environment from a greenhouse gas (GHG) emissions perspective, on this basis, and specific to this project only, and because the County is attempting to evaluate the impacts of the project from a very conservative worst-case scenario, it can be determined that the impacts may have the potential to be cumulatively significant.” Subsequently, the SCAQMD has recommended a project-level threshold of 4.8 metric tons CO 2e per service population (population plus employees). Though end of life emissions based on the conservative estimate of 0.058 metric tons of CO 2e using Boustead data is below the recommended threshold, the City is following the findings of the County’s EIR, which identifies a potentially significant impact from “end of life” GHG emissions and recommends adoption of the Mitigation Measure MM-GHG-1. This mitigation measure would be required for the City’s proposed Ordinance to reduce impacts related to GHG emissions. This mitigation measure and the impact related to GHG emissions for the City’s proposed Ordinance is similar to the impact determination in the County’s EIR as the GHG emissions from the City (as one of the 88 incorporated cities evaluated in the EIR) were considered within the impact analysis of the County’s EIR. Therefore, the City’s proposed Ordinance would not result in any greater impacts related to GHG emissions than the analysis contained in the County’s EIR. Mitigation Measure MM-GHG-1 Implement and/or expand public outreach and educational programs to increase the percentage of paper carryout bags that are recycled curbside. Distribute reusable grocery bags free of charge to encourage further transitions to reusable bags; consider 95Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 14 public/private partnerships to offset costs of distribution. Implement an outreach program for affected stores to encourage consumer transition to reusable bags, to reduce double bagging, and to encourage reuse and in- store recycling of paper carryout bags. Hydrology and Water Quality Hydrology and water quality impacts would be similar to those identified in the County’s Final EIR. The following discusses the impacts related to drainage, surface water quality, groundwater, flooding, and seiche, tsunami and mudflows that would result from implementation of the City’s proposed Ordinance. Drainage. Consistent with the findings of the County’s Final EIR, the City’s proposed Ordinance would not require construction of new structures or additional storm water infrastructure. Consequently, the capacity of existing storm water drainage would remain unchanged and redirecting storm water flows would be unnecessary. By banning plastic carryout bags within the City, the Ordinance would improve the existing drainage capacity by removing a substantial source of trash that can clog features of the system and reduce its capacity (County’s Final EIR, 2010). Therefore, consistent with the findings of the County’s Final EIR, the proposed Ordinance would not result in significant adverse impacts to hydrology and water quality related to drainage. Surface Water Quality. As noted in the County’s Final EIR, certain representatives of the plastic bag industry have argued that similar proposed ordinances have the potential to result in environmental impacts that could result in violations of water quality standards due to the increased reliance on paper carryout bags, which can potentially cause increased water eutrophication during the manufacturing process. Eutrophication occurs when high levels of nutrients, such as fertilizers, enter a water body and cause excessive growth of plants, such as algae, resulting in a reduction in water quality. Several life-cycle-assessments (LCAs) have analyzed the impacts of bag manufacturing upon eutrophication and concluded that paper carryout bag manufacturing releases more pollutants, such as nitrates and phosphates, into water than does plastic carryout bag manufacturing (County’s Final EIR, 2010). However, as shown in Table 9 below, using the Ecobilan LCA, the County’s EIR determined that a 50 percent conversion from the use of plastic carryout bags to the use of paper carryout bags would be expected to increase eutrophication by approximately 51 additional kilograms of phosphate per day if all 88 incorporated cities of the County adopted plastic bag ordinances. Since Culver City is one of the 88 incorporated cities in the County, the County’s Final EIR accounts for impacts from eutrophication associated with the City’s proposed Ordinance. As shown in Table 9, the increase in eutrophication just from the City’s proposed Ordinance would be approximately 0.77 kilograms of phosphate, or about 1.5% of the 50.87 kilograms of phosphate for the entire County. 96Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 15 As further stated in the County’s Final EIR, since there are no significance thresholds related to eutrophication and since there are no known paper bag manufacturing facilities within the County, determining the level of significance of eutrophication impacts from bag manufacturing would be inapplicable and speculative. As such, since there appears to be no manufacturing and production of paper carryout bags in the County (or in Culver City) there would be no expected impacts to water quality resulting from eutrophication during the manufacturing process. Further, any indirect increase in pollutant discharge from manufacturing plants due to increased demand for paper carryout bags would be regulated and controlled by local, regional, and federal laws applicable to each manufacturing plant. Within the United States, pollutant discharges from bag manufacturing facilities would be required to comply with National Pollutant Discharge Elimination System (NPDES) requirements and permits. Thus, similar to the findings of the County’s Final EIR, impacts of the City’s proposed Ordinance upon surface water quality outside of the Southern California region due to eutrophication would be less than significant. Therefore, similar to the County’s findings, indirect impacts to water quality from eutrophication due to a potential increase in the demand for paper carryout bag manufacturing as a result of the City’s proposed Ordinance would be less than significant. Table 9 Eutrophication Due to Plastic and Paper Carryout Bags Based on Ecobilan Data Eutrophication Sources Eutrophication (kilograms phosphate equivalent) Eutrophication from Plastic Carryout Bags (existing conditions) Increase Due to Conversion from Plastic to Paper Carryout Bags (with implementation of Ordinance) County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 10.39 50.87 City Ordinance – 72 stores within Culver City 0.14 0.77 Source: Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France Reusable bags could also indirectly increase eutrophication impacts related to facilities that manufacture reusable bags. However, as stated in the County’s Final EIR, studies have shown that when used at least 104 times, the environmental impacts associated with a reusable bag are substantially less than impacts resulting from paper and plastic carryout bags (County’s Final EIR, page 12-58, 2010). Like the County’s Ordinance, the City’s proposed Ordinance would require reusable bags to have a minimum lifespan of 125 uses; therefore, any conversion from the use of plastic carryout bags to reusable bags would be environmentally beneficial. Any adverse indirect impact upon water quality due to eutrophication would likely be offset by positive impacts associated with the proposed Ordinance. The City’s proposed Ordinance, similar to the County’s Ordinance, would reduce the amount of litter associated with plastic carryout bags and, therefore, would decrease the amount of litter in water bodies within and in the vicinity of Culver City. As such, the proposed Ordinance would generally improve water quality. This is a beneficial effect. 97Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 16 Groundwater. Similar to the findings of the County’s Final EIR, the City’s proposed Ordinance would not result in significant adverse impacts to hydrology or water quality in relation to groundwater. Because the proposed Ordinance does not require the construction of new structures, it would not result in the creation of impervious surfaces that would potentially reduce ground water levels. Further, although manufacturing facilities for paper and plastic carryout bags could potentially release pollutants that may affect groundwater, the discharge of pollutants locally and nationally is regulated by the USEPA and the Regional Water Quality Control Boards (RWQCBs) under the federal Clean Water Act (CWA). Pollutant discharges from manufacturing facilities would be required to comply with the CWA. Further, as noted above, since there is no known manufacturing or production of paper carryout bags in the County (or in Culver City), there would be no expected impacts to ground water quality due to a potential increase in demand associated with conversion from plastic carryout bags to paper carryout bags. Therefore, impacts to groundwater quality related to the City’s proposed Ordinance would be less than significant. Flooding. Although some areas in Culver City that would be affected by the City’s proposed Ordinance are located within a 100-year Flood Zone area, the proposed Ordinance does not involve the construction of new development and drainage patterns would not be affected upon implementation of the proposed ordinances. Therefore, similar to the finding of the County’s Final EIR, the City’s proposed Ordinance would not result in significant impacts related to the 100-year Flood Zone. Seiche, Tsunami and Mudflows. The City’s proposed Ordinance would affect areas in Culver City that are located near the Pacific Ocean and, thus, may be subject to a seiche or tsunami. However, implementation of the Ordinance would not involve the construction of new development and would not result in an increase in population. As such, the proposed Ordinance would not increase the risk and hazard to individuals residing within areas that lie in the vicinity of coastal waters of being subject to a seiche or tsunami. Therefore, similar to the finding of the County’s Final EIR, implementation of the City’s proposed Ordinance would have a less than significant impact in relation to seiche, tsunamis, and mudflows. Utilities and Service Systems Impacts to utilities and service systems as a result of the City’s proposed Ordinance would be similar to impacts discussed in the County’s Final EIR. The following summarizes the impacts related to wastewater generation, water supply, solid waste, and energy consumption for the City’s proposed Ordinance compared to the findings contained in the County’s Final EIR. Wastewater Generation. As noted in the County’s Final EIR, no known manufacturing facilities for paper carryout bags are located within the County or Culver City. Therefore, any increase in wastewater generation due to paper carryout bag manufacturing would not affect wastewater treatment providers in the County. Nevertheless, in the County’s Final EIR, using the Ecobilan LCA data and assuming that 50 percent of consumers switch from plastic carryout bags to paper carryout bags, there was an expected increase in wastewater of approximately 0.04 million gallons per day (MGD) for the 1,091 affected stores in the unincorporated territory of the County, and up to an additional 0.17 MGD if similar ordinances to the County’s Ordinance were to be adopted by the 88 incorporated cities of the County (as shown in Table 10 98Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 17 below). Based on these data, the increase in wastewater generated in Culver City as a result of the City’s proposed Ordinance would be approximately 0.008 MGD. The Sanitation Districts of Los Angeles County currently treat approximately 510 MGD (County’s Final EIR, page 12-60, November 2010). The Hyperion Treatment Plant (HTP) provides wastewater treatment for Culver City. The HTP was designed to provide full secondary treatment for 450 MGD. The HTP is located in the community of Playa Del Rey which is approximately five miles southwest of Culver City. Typically, the average wastewater treated at the HTP is 305 MGD (City of Santa Monica, Village Trailer Park Final EIR, SCH#2010061036, November 2012). Thus the HTP has a remaining capacity of approximately 145 MGD per day. Therefore, an additional 0.21 MGD due to paper carryout bag use throughout the County, including approximately 0.008 MGD in Culver City, would not be a significant increase in wastewater, would not exceed the capacity at any wastewater treatment facilities (including the HTP which serves Culver City), and would not necessitate construction of new wastewater treatment facilities or expansion of existing facilities. The City’s proposed Ordinance would not change the conclusions regarding wastewater generation since the estimated increase of wastewater and impacts related to wastewater generation for the City’s proposed Ordinance would be less than significant. Table 10 Wastewater Generation Due to Plastic and Paper Carryout Bags Based on Ecobilan Data Wastewater Sources Wastewater Generation (MGD) Wastewater Generation from Plastic Carryout Bags (existing conditions) Increase Due to Conversion from Plastic to Paper Carryout Bags (with implementation of Ordinance) County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 0.69 0.21 City Ordinance – 72 stores in Culver City 0.009 0.008 Source: Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France Water Supply. Carryout bags would indirectly result in water use through the manufacturing process of carryout bags. As discussed in the County’s Final EIR, the conversion from plastic bags to paper carryout bags and reusable carryout bags would result in an increase of water use from the manufacturing process of paper and reusable bags. The increase of water use for conversion to paper bags varies depending on which LCA data is utilized. As shown in Table 11, the Ecobilan data used in the County’s Final EIR determined that due to a 50 percent conversion from plastic to paper carryout bags, the water demand from manufacturing facilities would increase by 0.47 MGD countywide compared to consumption due to plastic carryout bags. Culver City’s contribution to this countywide increase would be 0.014 MGD as a result of the City’s proposed Ordinance. In addition, as shown in Table 12, the Boustead data determined that water demand would increase by 10.21 MGD countywide. As noted above, Culver City’s approximately 72 stores were included within the approximately 5,084 stores in the incorporated cities of the County and the increase of water consumption at the 72 stores using the Boustead Data was estimated to be approximately 0.2 MGD, as shown in Table 12. 99Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 18 Table 11 Water Consumption Due to Plastic and Paper Carryout Bags Based on Ecobilan Data Water Consumption Sources Water Consumption (MGD) Water Consumption from Plastic Carryout Bags (existing conditions) Increase Due to Conversion from Plastic to Paper Carryout Bags (with implementation of Ordinance) County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 0.72 0.47 City Ordinance – 72 stores within Culver City 0.009 0.014 Source: Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France Table 12 Water Consumption Due to Plastic and Paper Carryout Bags Based on Boustead Data Water Consumption Sources Water Consumption (MGD) Water Consumption from Plastic Carryout Bags (existing conditions) Increase Due to Conversion from Plastic to Paper Carryout Bags (with implementation of Ordinance) County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 1.30 10.21 City Ordinance – 72 stores within Culver City 0.02 0.2 Source: Boustead Consulting and Associates Ltd. 2007. Life Cycle Assessment for Three Types of Grocery Bags – Recyclable Plastic; Compostable, Biodegradable Plastic; and Recycled, Recyclable Paper. Prepared for: Progressive Bag Affiliates. As noted in the County’s Final EIR, the water districts within the County supplied approximately 1,563 MGD of water in fiscal year 2007/2008 (County’s Final EIR, page 12-61, November 2010). Golden State Water Company (GSWC) is the main water supplier for Culver City. However, a small portion of Culver City residents and businesses west of the 405 Freeway receive their water from the Los Angeles Department of Water & Power (LADWP). Based on the GWSC’s 2010 Urban Water Management Plan (UWMP) for the portion Culver City under their jurisdiction, the estimated water supply for the year 2015 is 6,638 acre-feet per year and currently the City uses approximately 5,024 acre-feet per year (Culver City UWMP, August 2011). Thus there is a surplus of approximately 1,614 acre-feet per year. Based on the LADWP’s UWMP, the estimated water supply (including LADWP’s entire service area, not just that portion in Culver City) for the year 2015 is 651,700 acre-feet per year and currently the LADWP service area (including that portion in Culver City) uses approximately 555,477 acre-feet per year (LADWP, 2011). Thus LADWP has a surplus of approximately 96,223 acre-feet per year. The daily increase of water use countywide due to the conversion from plastic to paper carryout bags based on the Ecobilan data would represent approximately 0.03 percent of the total water supplied by water districts in the County. Within Culver City, the daily increase of water consumption (0.014 MGD or 0.043 acre-feet per year) would increase the City’s current demand but would not exceed the anticipated 2015 supply of water from either LADWP or GWSC. The 100Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 19 increase of water countywide based on the Boustead data would represent 0.65 percent of the total water supplied in the County and the City’s increase of water (0.2 MGD or 0.613 acre-feet per year) would increase the City’s current demand but would not exceed the anticipated 2015 supply of either LADWP or GWSC. These increases would not have significant effects. As noted above, there is no known manufacturing or production of paper carryout bags in the County (or in Culver City). Therefore, any increase in water demand associated with paper carryout bag manufacturing would not impact suppliers in the County and the proposed Ordinance, consistent with the findings in the County’s Final EIR, would not be anticipated to necessitate new or expanded entitlements for water. As noted in the County’s Final EIR, banning plastic bags would result in an increase in the use of reusable bags by consumers, the production of which would consume less water than the production of both paper carryout bags and plastic carryout bags when considered on a per bag basis. The City’s proposed Ordinance, like the County’s Ordinance, would require that reusable bags be designed for a minimum lifetime of 125 uses; therefore, water supply impacts associated with reusable bags would be reduced compared to use of plastic carryout bags. In addition, since manufacturing facilities that produce reusable bags are not located within the Los Angeles County or within Culver City, water supply required for the manufacture of reusable bags may be supplied by water districts outside the County or outside of California. Thus, water districts within the County would not be directly affected and, consistent with the findings of the County’s Final EIR, any increase associated with reusable bag manufacturing as an indirect result of the City’s proposed Ordinance would not necessitate new or expanded entitlements for water and impacts would be less than significant. Solid Waste. As described in the County’s Final EIR, based on the Ecobilan data, it was concluded that a 50 percent conversion scenario would result in less solid waste per day at landfills. Also, as shown in Table 13, the City’s proposed Ordinance would also result in a reduction of approximately 5 tons of solid waste per day. However, as shown in Table 14, using the Boustead data, the County’s Final EIR determined that a 50 percent conversion from plastic to paper carryout bags would result in an increase of approximately 255 tons of solid waste per day. Of this total countywide, approximately 15 tons of solid waste per day would be directly related to implementation of Culver City’s proposed Ordinance. Nevertheless, as stated in the County’s Final EIR, the permitted daily maximum capacity of all the County landfills is approximately 43,749 tons per day and currently the landfills combined accept an average of 21,051 tons per day (County’s Final EIR, page 12-65, November 2010). Thus, the potential increase of 255 tons of solid waste per day would represent approximately 1.1% of the remaining total daily maximum capacity of approximately 22,698 tons per day. 101Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 20 Table 13 Solid Waste Generation Due to Plastic and Paper Carryout Bags Based on Ecobilan Data Solid Waste Sources Solid Waste Generation (tons per day) Plastic Carryout Bags (existing conditions) Increase Due to Conversion from Plastic to Paper Carryout Bags, Assuming 2007 EPA Recycling Rates,¹ , ² County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 241 -17 City Ordinance – 72 stores within Culver City 3.2 -1.0 Source: Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France. Notes:1. Negative numbers indicate the extent of the decrease in solid waste generation that would be expected from a conversion from the current use of plastic carryout bags, to a 50 percent use of paper carryout bags. 2. Assuming 36.8 percent of paper carryout bags are diverted from landfills and 11.9 percent of plastic carryout bags are diverted from landfills, based on the 2007 USEPA recycling rates. Table 14 Solid Waste Generation Due to Plastic and Paper Carryout Bags Based on Boustead Data Solid Waste Sources Solid Waste Generation (tons per day) Plastic Carryout Bags (existing conditions) Increase Due to Conversion from Plastic to Paper Carryout Bags, Assuming 2007 EPA Recycling Rates,¹ , ² County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 173.29 255 City Ordinance – 72 stores within Culver City 2.0 3.2 Source: Boustead Consulting and Associates Ltd. 2007. Life Cycle Assessment for Three Types of Grocery Bags – Recyclable Plastic; Compostable, Biodegradable Plastic; and Recycled, Recyclable Paper. Prepared for: Progressive Bag Affiliates. Notes: 1. Negative numbers indicate the extent of the decrease in solid waste generation that would be expected from a conversion from the current use of plastic carryout bags, to a 50 percent use of paper carryout bags. 2. Assuming 36.8 percent of paper carryout bags are diverted from landfills and 11.9 percent of plastic carryout bags are diverted from landfills, based on the 2007 USEPA recycling rates. In Culver City, refuse is taken to the Puente Hills landfill and the Chiquita Canyon landfill. It should also be noted that a portion of refuse in Culver City is taken to the Southeast Resource Recovery Facility (SERRF) in Long Beach where the refuse can be converted to energy. Puente Hills receives an average of 5,116 tons of municipal solid waste each day, with a capacity of 13,200 tons per day and Chiquita Canyon receives an average of 4,264 tons of solid waste per day with a daily capacity of 6,000 tons per day (Los Angeles County, 2012; CalRecycle, 2013). For the City’s proposed Ordinance, using the worst case scenario (the Boustead data), even with an increase of approximately 3.2 tons of solid waste per day, the increase of solid waste as a result of the City’s proposed Ordinance would not exceed the existing capacity of 8,084 tons per day at Puente Hills and 1,736 tons per day at Chiquita Canyon. Thus, the existing waste 102Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 21 disposal facilities in the County and in the City could accommodate any indirect increases in solid waste related to the City’s proposed Ordinance. Similar to the findings in the County’s Final EIR, impacts related to solid waste would be less than significant. Energy Conservation. Energy use for carryout bags is primarily related to the manufacturing process. Utilizing the Ecobilan data, the County’s EIR determined that non- renewable energy consumption would actually decrease due to the conversion from plastic to paper carryout bags. As shown in Table 15, based on the Ecobilan data energy use as a result of the County’s Ordinance would decrease by approximately 2 million kilowatt hours (kWh) per year. Also shown in Table 15, energy use would be reduced by approximately 0.05 million kWh (or approximately 55,000 kWh) per year with implementation of the City’s proposed Ordinance. Table 15 Non-Renewable Energy Consumption Based on Ecobilan Data Energy Consumption Sources Energy Consumption (million kWh) Plastic Carryout Bags (existing conditions) Change Due to Conversion from Plastic to Paper Carryout Bags,¹ County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 4.14 - 2.01 City Ordinance – 72 stores within Culver City 0.05 -0.01 Source: Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France. Notes: Negative numbers indicate the extent of the decrease in solid waste generation that would be expected from a conversion from the current use of plastic carryout bags, to a 50 percent use of paper carryout bags. The Boustead data, as shown in Table 16, found different results and determined that the County’s Ordinance would increase energy use per year countywide by approximately 3.6 million kWh. Based on the Boustead data, implementation of Culver City’s proposed Ordinance would increase energy use in the City by approximately 62,170 kWh. However, even based on Boustead data (which is a worst-case scenario), the total increase of 3.6 million kWh countywide would represent less than 0.01 percent of the total energy use in the non-residential sector of the County (County’s Final EIR, page 12-66, November 2010). Further, as stated above paper bag manufacturing facilities appear not to be located within the County and, therefore, the energy supply required for paper carryout bag manufacturing may be supplied by districts outside of the County or outside of California, so impacts may not directly affect the County. Even in the conservative worst case scenario which would increase energy use by approximately 3.6 million kWh per year countywide and approximately 98,000 kWh in Culver City, impacts would be less than significant. 103Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 22 Table 16 Total Energy Consumption Due to Plastic and Paper Carryout Bags Based on Boustead Data Energy Consumption Sources Energy Consumption (million kWh) Plastic Carryout Bags (existing conditions) Increase Due to Conversion from Plastic to Paper Carryout Bags,¹ County Ordinance – 5,084 stores in incorporated areas plus 1,091 stores in unincorporated areas 4.74 3.61 City Ordinance – 72 stores within Culver City 0.06 0.10 Source: Boustead Consulting and Associates Ltd. 2007. Life Cycle Assessment for Three Types of Grocery Bags – Recyclable Plastic; Compostable, Biodegradable Plastic; and Recycled, Recyclable Paper. Prepared for: Progressive Bag Affiliates. Notes: Negative numbers indicate the extent of the decrease in solid waste generation that would be expected from a conversion from the current use of plastic carryout bags, to a 50 percent use of paper carryout bags. Energy use for the conversion of plastic to reusable bags would be expected to decrease as a result of the City’s proposed Ordinance. Similar to the findings in the County’s Final EIR, because reusable bags, by definition, are required to be used at least 125 times, the energy demands to manufacture a reusable bag are reduced compared to paper and plastic carryout bags. As such, impacts related to conversion from paper to reusable carryout bags would have beneficial effects relative to energy conservation. Conclusion As discussed above, impacts from the City’s proposed Ordinance related to air quality, biological resources, hydrology and water quality, and utilities and service systems were determined to have similar impacts as the County’s Final EIR. All of these issues were determined to result in either less than significant impacts or beneficial impacts. For greenhouse gas emissions, the City may have a potentially significant impact similar to the determination in the County’s Final EIR and, therefore, Mitigation Measure MM-GHG-1 is required. No new significant environmental effects beyond those already analyzed in the County’s Final EIR would occur. 104Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 23 LIST OF REFERENCES Boustead Consulting and Associates Ltd. 2007. Life Cycle Assessment for Three Types of Grocery Bags – Recyclable Plastic; Compostable, Biodegradable Plastic; and Recycled, Recyclable Paper. Prepared for: Progressive Bag Affiliates. California Department of Resources Recycling and Recovers (CalRecycle). Solid Waste Information System Facility/Site Search. Accessed March 2013. Available at: http://www.calrecycle.ca.gov/SWFacilities/Directory/Search.aspx Culver City. Draft Plastic Carryout Bag Ban Ordinance. Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France. Golden State Water Company. Culver City Urban Water Management Plan, 2010. Prepared by Kennedy/Jenks Consultants. August 2011. Hyder Consulting. 18 April 2007. Comparison of existing life cycle analyses of plastic bag alternatives. Prepared for: Sustainability Victoria, Victoria, Australia. Los Angeles, County of. Ordinances to Ban Plastic Carryout Bags in Los Angeles County Final Environmental Impact Report (SCH#2009111104). Certified by the Los Angeles County Board of Supervisors November 16, 2010. Los Angeles, County of. Staff Report prepared by the Department of Public Works – Single-use Plastic and Paper Carryout Bags. November 16, 2010. Los Angeles, County of. Title 12 – Environmental Protection of the Los Angeles County Code Chapter 12.85 (Amended to include the Plastic Carryout Bag Ordinance). Los Angeles, County of, Department of Public Works. August 2012. County of Los Angeles Countywide Integrated Waste Management Plan, 2011 Annual Report. http://dpw.lacounty.gov/epd/swims/docs/pdf/CIWMP/2011.pdf Los Angeles Department of Water and Power. 2010 Urban Water Management Plan. January 2011. Santa Monica, City of. Village Trailer Park Final EIR, SCH#2010061036, November 2012. South Coast Air Quality Management District. “Proposed Tier 4 Performance Standards”. Greenhouse Gas CEQA Significance Threshold Stakeholder Working Group Meeting #15. September 28, 2010. 105Plastic Carryout Bag Ordinance Environmental Impact Report Addendum City of Culver City 24 U.S. Environmental Protection Agency. November 2008. Municipal Solid Waste in the United States: 2007 Facts and Figures. Washington, DC. Available at: http://www.epa.gov/waste/nonhaz/municipal/pubs/msw07-rpt.pdf LIST OF PREPARERS Joe Power, AICP CEP, Principal in Charge Matt Maddox, MESM, Project Manager Karly Kaufman, MESM, Associate Environmental Planner Katie Stanulis, Production Coordinator 106Appendix A Potential Regulated Retailers in Culver City Impact Worksheets (Ecobilan and Boustead data) GHG Calculations for Truck Trips URBEMIS Results for Truck Trips 107Business Name Name Business Address Business City State ZIP 7 - Eleven 5900-02 Washington Blvd Culver City, CA 90232 7-Eleven #39396B 5495 Sepulveda Blvd L Culver City, CA 90230 99c Only Stores Inc (#114) 12741 Washington Blvd Los Angeles, CA 90066 Albert's Liquor 5565 Sepulveda Bl Culver City, CA 90230 Albertsons #6104 13401 Washington Bl Culver City, CA 90232 Al's Liquor 6142 Washington Blvd Culver City, CA 90232 Bharat Bazaar 11510 W Washington Bl Los Angeles, CA 90066 Big Lots #4166 5587 Sepulveda Blvd Culver City, CA 90230 C V S/Pharmacy #9573 6299 S Bristol Pk Culver City, CA 90230 Centinela Chevron 5975 Centinela Ave Los Angeles, CA 90045 Chris's Market 8636 Washington Bl Culver City, CA 90230 Crescent Drugs, Inc 5915 Blackwelder St Culver City, CA 90232 Culver City Blue Gas 6300 W Slauson Ave Culver City, CA 90230 Culver City Chevron 11197 Washington Pl Culver City, CA 90232 Culver City Union 76 10638 Culver Bl Culver City, CA 90230 Culver Liquor 10548 Culver Bl Culver City, CA 90232 Dollar Tree Store #4187 11455 Jefferson Blvd Culver City, CA 90230 Don Felix Meat Market 3987 Sawtelle Blvd Los Angeles, CA 90066 Family Food Center 12469 Washington Bl Los Angeles, CA 90066 Famima!! 10704 Venice Blvd Culver City, CA 90232 Hillcrest Liquor Jr Market 11300 Venice Blvd Culver City, CA 90230 Jackson Market 4065 Jackson Av Culver City, CA 90232 Jasmine Asian & Chinese Islamic 4135 Sepulveda Bl Culver City, CA 90230 Jaspal, Inc 11181 Washington Bl Culver City, CA 90230 Jays Liquor 11305 Washington Pl Los Angeles, CA 90066 Jerry's Market 3969 Higuera St Culver City, CA 90232 Jin's Shell Service 10332 Culver Blvd Culver City, CA 90232 Kwik Mart Am/pm 5884 Washington Bl Culver City, CA 90232 Liquor Barrel 3923 Sepulveda Bl Culver City, CA 90230 Lucky 7 Liquor 12408 Washington Bl Los Angeles, CA 90066 Nickanthony's Wine And Spirits 10725 Jefferson Bl Culver City, CA 90230 One Stop Liqour Inc. 12012 Washington Bl Los Angeles, CA 90066 Overland Mini Market 4273 Overland Av Culver City, CA 90230 Pavilions #2212 11030 Jefferson Blvd Culver City, CA 90230 R & Z Liquor 8582 Washington Bl Culver City, CA 90232 Rainbow Acres 13208 Washington Bl Los Angeles, CA 90066 Ralphs #284 10772 Jefferson Bl Culver City, CA 90230 Ralphs Grocery #86 3827 Culver Center Culver City, CA 90230 Regal Fine Spirits 6295 Bristol Pkwy Culver City, CA 90230 Rite Aid #5457 4046 Centinela Ave Los Angeles, CA 90066 Rite Aid #5463 3802 Culver Center Culver City, CA 90232 Rite Aid #5464 11096 Jefferson Blvd Culver City, CA 90230 Rumi 19/Arco Am-Pm 6300 Slauson Ave Culver City, CA 90230 S P Super Petrol Inc 11284 Venice Blvd Culver City, CA 90230 Sepulveda Shell 3801 Sepulveda Culver City, CA 90230 Page 1 of 2 108Business Name Name Business Address Business City State ZIP Seven Eleven Store #16040 11001 Washington Bl Culver City, CA 90230 Seven Eleven Store #18350 11299 Washington Bl Culver City, CA 90230 Shell Gas Station 3801 Sepulveda Blvd Culver City, CA 90230 Shelly's 98c And More 11469 Washington Blvd Los Angeles, CA 90066 Sorrento Italian Market 5518 S Sepulveda Blvd Culver City, CA 90230 Sprouts Farmers Market 5660 Sepulveda Blvd Culver City, CA 90230 Sun Liquor 12827 Washington Bl Los Angeles, CA 90066 Sunland Mobil 6100 Sepulveda Blvd Culver City, CA 90230 Supermercado Brazil 10826 Venice Blvd Culver City, CA 90232 Surfas Inc 3975 Landmark St Culver City, CA 90232 Surfas, Inc 8777 Washington Blvd Culver City, CA 90232 Target Store T-2632 6000 Sepulveda Blvd 2250 Culver City, CA 90230-6423 Target Stores T-198 10820 Jefferson Bl Culver City, CA 90230 Trader Joe's #36 9290 Culver Bl Culver City, CA 90232 Vics Union 76 11305 Culver Bl Los Angeles, CA 90066 Vons #2270 4030 Centinela Av Los Angeles, CA 90066 Washington Mobil Service 5776 Washington Bl Culver City, CA 90232 Washington Place Chevron 11197 Washington Pl Culver City, CA 90230 Z Newstand 6000 Sepulveda Blvd 1490 Culver City, CA 90230 Zam Zam Market Deli 11028 Washington Bl Culver City, CA 90232 Express Rx Pharmacy Culver City 4340 Overland Ave Culver City, CA 90230 Flaming Sky Pie Ranch 11011 Culver Bl Culver City, CA 90230 Gourmet Food Connection 5757 Uplander Way 209 Culver City, CA 90230 Gourmet Grains, LLC 8432 Steller Dr Culver City, CA 90232 L'Epicerie Market 9900 Culver Blvd Culver City, CA 90232 Precise Compounding Pharmacy 10810 Washington Blvd C Culver City, CA 90232 The Redd Collection 8440 Warner Dr C Culver City, CA 90232 Page 2 of 2 109City of Culver City Plastic Carryout Bag Ordinance Number of Stores in City 72 Conversions Number of Stores 10,000 sf or more 16 liters to gallons 0.264172 Number of Stores < 10,000 sf 56 Kg to short tons 0.001102 MJ to kWh 0.277778 Plastic Bag Size (liters) 14 Paper Bag Size (liters) 20.48 Reusable bag size (liters) 37 Plastic bags used per day at stores >10,000 sf 10,000 Plastic bags used per day at stores < 10,000 sf 5000 Number of plastic bags used in City per day 440,000 Ordinance - Assume 50% switch to paper/reusable Number of paper bags per day with 50% conversion 220,000 Number of reusable bags per day with 50% conversion 220,000 110Eutrophication - Ecobilan Data Plastic bag Paper bag Reusable bag used 125 times grams phosphate per 9000 liters groceries 0.2 2.35 0.0044 grams phospate per bag 0.00031111 0.00534756 1.80889E-05 grams phosphate per day citywide 136.888889 1176.46222 3.979555556 kg phosphate per day 0.13688889 1.17646222 0.003979556 Increase in phoshpate per day from Ordinance (kg) 1.03957333 -0.132909333 Increase kg from Ordinance (50% conversion to paper and reusable ) 0.769775111 Water Use - Ecobilan Plastic bag Paper bag Reusable bag used 125 times Liters water per 9000 liters groceries 52.6 173 1.096 Liters water per bag per day 0.08182222 0.39367111 0.004505778 Liters water in City per day 36001.7778 86607.6444 991.2711111 Gallons per day 9510.66344 22879.319 261.8661215 Millions gallons per day (MGD) in City 0.00951066 0.02287932 0.000261866 MGD per year 3.47139216 8.35095143 0.095581134 Increase in water use per year (MGD) 4.87955927 -3.375811021 Increase as a result of Ordinance (50% conversion to paper and reusable). 0.013630522 111Wastewater - Ecobilan Plastic bag Paper bag Reusable bag used 125 times Liters water per 9000 liters groceries 50 130.7 1.096 Liters water per bag per day 0.07777778 0.29741511 0.004505778 Liters water in City per day 34222.2222 65431.3244 991.2711111 Gallons per day 9040.5546 17285.1271 261.8661215 Millions gallons per day (MGD) in City 0.00904055 0.01728513 0.000261866 MGD per year 3.29980243 6.3090714 0.095581134 Increase in water use per year (MGD) 3.00926897 -3.204221295 Increase per day (MGD) 0.008244573 Increase as a result of Ordinance (50% conversion to paper and reusable) per year 3.009268967 Solid Waste - Ecobilan Plastic bag Paper bag Reusable bag used 125 times 2007 recycle rate kg waste per 9000 liters groceries (w/EPA recycling) 4.19356 3.83624 0.10488 plastic bags 11.90% kg waste per bag per day 0.00652332 0.00872958 0.000431173 paper bags 36.80% kg waste in City per day 2870.25884 1920.50699 94.85813333 Tons per day (w/recycling) 3.16391503 2.11699406 0.000836505 Tons per year 1154.82898 772.702833 0.305324161 Increase in solid waste per year (MGD) -382.126151 -1154.523661 Increase as a result of Ordinance (50% conversion to paper and reusable). Tons/day -1.046084458 112Increase as a result of Ordinance (50% conversion to paper and reusable). Tons/year -2691.478797 Energy - Ecobilan Plastic bag Paper bag Reusable bag used 125 times MJ per 9000 liters groceries 286 295 6.44 MJ per bag per day 0.44488889 0.67128889 0.026475556 MJ in City per day 195751.111 147683.556 5824.622222 kWh in City per day 54375.3091 41023.2102 1617.95063 million kWh in City per day 0.05437531 0.04102321 0.001617951 Increase in million kWh per day -0.0133521 -0.052757358 Increase as a result of Ordinance (50% conversion to paper and reusable). Million kWh -0.011734148 Increase in kWh -11734.14824 Water Use - Boustead Plastic bag Paper bag Gallons per 1000 paper bags (1500 plastic bags) 58 1004 Gallons per bag 0.03866667 1.004 Gallons water in City per day 17013.3333 220880 Millions gallons per day (MGD) in City 0.01701333 0.22088 MGD per year 6.20986667 80.6212 Increase in water use per year (MGD) 74.4113333 Increase in water per day 0.203866667 113Solid Waste -Boustead Plastic bag Paper bag Reusable bag used 125 times 2007 recycle rate kg waste per 1000 paper bags (1500 plastic bags) 6.20224 21.4248 0.10488 plastic bags 11.90% kg waste per bag per day 0.00413483 0.0214248 0 paper bags 36.80% kg waste in City per day 1819.32373 4713.456 0 Tons per day 2.00545874 5.19568968 0 Tons per year 731.992442 1896.42673 0 Increase in solid waste per year (MGD) 1164.43429 Increase as a result of Ordinance (50% conversion to paper and reusable). Tons/day 3.190230939 Increase as a result of Ordinance (50% conversion to paper and reusable). Tons/year 432.4418509 Energy - Boustead Plastic bag Paper bag Reusable bag used 125 times MJ per 1000 paper bags (1500 plastic) 763 2622 MJ per bag per day 0.50866667 2.622 0 MJ in City per day 223813.333 576840 0 kWh in City per day 62170.3709 160233.335 0 million kWh in City per day 0.06217037 0.16023333 0 Increase in million kWh per day 0.09806296 Increase as a result of Ordinance (50% conversion to paper and reusable). Million kWh 0.098062964 Increase in kWh 98062.96375 114Air Quality - Ecobilan - Plastic Bags VOCs NOx CO SOx Particulates Emissions (grams) per 9000 liters groceries 37.929 27.1 48.2 23.4 19.2 grams to pounds 0.0022046 Emissions (grams) per bag per day 0.059000667 0.042155556 0.07497778 0.0364 0.029866667 Emissions (pounds) per day per bag 0.000130074 9.29371E-05 0.0001653 8.025E-05 6.58447E-05 Emissions (pounds) citywide 57.2326499 40.89232019 72.7309901 35.309236 28.97168072 Air Quality - Ecobilan - Paper Bags VOCs NOx CO SOx Particulates Emissions (grams) per 9000 liters groceries 28.37487101 72.6 9.34 26.1 4.72 Emissions (grams) per bag per day 0.064568595 0.165205333 0.02125369 0.059392 0.010740622 Emissions (pounds) per day per bag 0.000142349 0.000364215 4.6856E-05 0.0001309 2.3679E-05 Emissions (pounds) citywide 31.31686489 80.12739126 10.3083999 28.806128 5.209384115 Change from Plastic to Paper -25.91578501 39.23507107 -62.4225902 -6.503108 -23.76229661 115Air Quality Just End of Life NOx - Ecobilan - Plastic Bags NOx Emissions (grams) per 9000 liters groceries 0.97 Emissions (grams) per bag per day 0.001508889 Emissions (pounds) per day per bag 2.93067E-06 Emissions (pounds) citywide 1.289496312 Air Quality - Ecobilan - Paper Bags NOx Emissions (grams) per 9000 liters groceries 5.74 Emissions (grams) per bag per day 0.013061689 Emissions (pounds) per day per bag (w/EPA recycling) 1.81991E-05 Emissions (pounds) citywide 4.003809018 Change from Plastic to Paper (pounds) 2.714312706 116GHG - Ecobilan Plastic bag Paper bag Reusable bag used 125 times GHG Emissions (metric tons) per 9000 liters groceries 0.0109 0.0205 0.000228 grams to metric tons 0.000001 metric tons per bag per day 1.49378E-05 2.9482E-05 9.373E-07 metric tons citywide per day 6.572651556 6.48606151 0.2062133 metric tons per year 2399.017818 2367.41245 75.267867 Increase in metric tons per year -31.6053662 -2323.75 Increase as a result of Ordinance (50% conversion to paper and reusable). Metric Tons/day -0.086590044 Culver City Population 39004 Increase as a result of Ordinance (50% conversion to paper and reusable). Metric Tons/year -31.60536622 per capita increase -0.000810311 GHG End of Life- Ecobilan Plastic bag Paper bag GHG Emissions (grams) per 9000 liters groceries 84.4879 7520.8 grams per bag per day 0.131425622 17.1139982 metric tons per bag per day 1.31426E-07 1.7114E-05 metric tons citywide per day 0.057827274 3.76507961 metric tons per year 21.10695493 1374.25406 Increase in metric tons per year 1353.1471 Increase as a result of Ordinance (50% conversion to paper and reusable). Metric Tons/day 3.707252335 117Increase as a result of Ordinance (50% conversion to paper and reusable). Metric Tons/year 1353.147102 per capita annual 0.034692521 GHG End of Life- Boustead Plastic bag Paper bag metric tons for 1000 paper and 1500 plastic bags (w/EPA recycling) 0.002643 0.0316 metric tons per bag per day 0.000001762 0.0000316 metric tons citywide per day 0.77528 6.952 metric tons per year 282.9772 2537.48 Increase in metric tons per year 2254.5028 Increase as a result of Ordinance (50% conversion to paper and reusable). Metric Tons/day 6.17672 Increase as a result of Ordinance (50% conversion to paper and reusable). Metric Tons/year 2254.5028 Per capita increase 0.057801836 1183/7/2013 3:42:38 PM Page: 1 Urbemis 2007 Version 9.2.4 File Name: Project Name: Culver City Bag Ordinance Project Location: South Coast AQMD On-Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off-Road Vehicle Emissions Based on: OFFROAD2007 Summary Report for Summer Emissions (Pounds/Day) TOTALS (lbs/day, unmitigated) 0.04 0.52 0.20 0.00 0.07 0.03 114.09 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG NOx CO SO2 PM10 PM2.5 CO2 TOTALS (lbs/day, unmitigated) 0.04 0.52 0.20 0.00 0.07 0.03 114.09 OPERATIONAL (VEHICLE) EMISSION ESTIMATES ROG NOx CO SO2 PM10 PM2.5 CO2 1193/7/2013 3:40:16 PM Page: 1 OPERATIONAL EMISSION ESTIMATES (Summer Pounds Per Day, Unmitigated) Bag Ordinance - Truck Trips 0.04 0.52 0.20 0.00 0.07 0.03 114.09 TOTALS (lbs/day, unmitigated) 0.04 0.52 0.20 0.00 0.07 0.03 114.09 Source ROG NOX CO SO2 PM10 PM25 CO2 Analysis Year: 2014 Temperature (F): 80 Season: Summer Emfac: Version : Emfac2007 V2.3 Nov 1 2006 Does not include correction for passby trips Does not include double counting adjustment for internal trips Bag Ordinance - Truck Trips 3.00 1000 sq ft 1.00 3.00 26.92 3.00 26.92 Summary of Land Uses Land Use Type Acreage Trip Rate Unit Type No. Units Total Trips Total VMT Light Truck < 3750 lbs 0.0 1.4 95.9 2.7 Light Auto 0.0 0.4 99.4 0.2 Vehicle Fleet Mix Vehicle Type Percent Type Non-Catalyst Catalyst Diesel File Name: Project Name: Culver City Bag Ordinance Project Location: South Coast AQMD On-Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off-Road Vehicle Emissions Based on: OFFROAD2007 Urbemis 2007 Version 9.2.4 Detail Report for Summer Operational Unmitigated Emissions (Pounds/Day) 1203/7/2013 3:40:16 PM Page: 2 Other Bus 0.0 0.0 0.0 100.0 Heavy-Heavy Truck 33,001-60,000 lbs 100.0 0.0 0.0 100.0 Motor Home 0.0 0.0 88.9 11.1 School Bus 0.0 0.0 0.0 100.0 Motorcycle 0.0 50.0 50.0 0.0 Urban Bus 0.0 0.0 0.0 100.0 Light Truck 3751-5750 lbs 0.0 0.4 99.6 0.0 Med-Heavy Truck 14,001-33,000 lbs 0.0 0.0 22.2 77.8 Med Truck 5751-8500 lbs 0.0 0.9 99.1 0.0 Lite-Heavy Truck 10,001-14,000 lbs 0.0 0.0 60.0 40.0 Lite-Heavy Truck 8501-10,000 lbs 0.0 0.0 82.4 17.6 Vehicle Fleet Mix Vehicle Type Percent Type Non-Catalyst Catalyst Diesel % of Trips - Residential 32.9 18.0 49.1 Trip speeds (mph) 30.0 30.0 30.0 30.0 30.0 30.0 % of Trips - Commercial (by land use) Bag Ordinance - Truck Trips 2.0 1.0 97.0 Rural Trip Length (miles) 17.6 12.1 14.9 15.4 9.6 12.6 Urban Trip Length (miles) 12.7 7.0 9.5 13.3 7.4 8.9 Travel Conditions Home-Work Home-Shop Home-Other Commute Non-Work Customer Residential Commercial 1213/7/2013 3:40:16 PM Page: 3 Operational Changes to Defaults 122Appendix B Culver City Draft Ordinance 123Chapter 11.16 PLASTIC CARRYOUT BAG REGULATIONS 11.16.010 Definitions. 11.16.020 Plastic carryout bags prohibited. 11.16.030 Permitted bags. 11.16.040 Regulation of recyclable paper carryout bags. 11.16.050 Use of reusable bags. 11.16.060 Exempt customers. 11.16.070 Operative date. 11.16.080 Enforcement and violation--penalty. 11.16.090 Severability. 11.16.100 No conflict with federal or state law. 11.16.010 Definitions. The following definitions apply to this Chapter: A. “Customer” means any person purchasing goods from a store. B. “Operator” means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store. C. “Person” means any natural person, firm, corporation, partnership, or other organization or group however organized. D. “Plastic carryout bag” means any bag made predominantly of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale. “Plastic carryout bag” includes compostable and biodegradable bags but does not include reusable bags, produce bags, or product bags. E. “Postconsumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. “Postconsumer recycled material” does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. 124F. “Produce bag” or “product bag” means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. G. “Recyclable” means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. “Recycling” does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. H. “Recyclable paper carryout bag” means a paper bag that meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post-consumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; (4) is accepted for recycling in curbside programs in the City; (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of postconsumer recycled material used; and (6) displays the word “Recyclable” in a highly visible manner on the outside of the bag. I. “Reusable bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick. J. “Store” means any of the following retail establishments located within the incorporated area of Culver City: 1. A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; 2. A store of at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or 3. A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. 125 11.16.020 Plastic carryout bags prohibited. A. No store shall provide to any customer a plastic carryout bag. B. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to produce bags or product bags. 11.16.030 Permitted bags. All stores shall provide or make available to a customer only recyclable paper carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this Chapter. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. 11.16.040 Regulation of recyclable paper carryout bags. A. Any store that provides a recyclable paper carryout bag to a customer must charge the customer at least 10 cents ($0.10) for each bag provided, except as otherwise provided in this Chapter. B. The City Council may increase the 10 cent ($0.10) minimum charge by Resolution. C. No store shall rebate or otherwise reimburse a customer any portion of the minimum charge required in Subsection A, except as otherwise provided in this Chapter. D. All stores must post signage clearly indicating the per bag charge for recyclable paper carryout bags. E. All stores must indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags. F. All monies collected by a store under this Chapter will be retained by the store and may be used only for any of the following purposes: (1) costs associated with complying with the requirements of this Chapter, (2) actual costs of providing recyclable paper carryout bags, or (3) costs associated with a store’s educational materials or education campaign encouraging the use of reusable bags, if any. G. All stores must keep records of the total number of recyclable paper carryout bags provided, the total amount of monies collected for providing recyclable paper carryout bags, and a summary of any efforts a store has undertaken to promote the use of reusable bags by customers in the prior year. Such records must be made available for the Director of Public Works or his/her designee to review at any time. 126 11.16.050 Use of reusable bags. A. All stores must provide reusable bags to customers, either for sale or at no charge. B. Each store is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags. 11.16.060 Exempt customers. All stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store’s option, to any customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code. 11.16.070 Operative date. This Chapter shall become operative six (6) months after its effective date for stores defined in Subsections J(1) and J(2) of Section 11.16.010. For stores defined in Subsection J(3) of Section 11.16.010, this Chapter shall become operative twelve (12) months after its effective date. 11.16.080 Enforcement and violation--penalty. A. The Director of Public Works has primary responsibility for enforcement of this Chapter. The Director of Public Works is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this Chapter, including, but not limited to, investigating violations, issuing fines and entering the premises of any store during business hours. B. If the Director of Public Works determines that a violation of this Chapter has occurred, he/she will issue a written warning notice to the operator of a store that a violation has occurred and the potential penalties that will apply for future violations. C. Any store that violates or fails to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation shall be guilty of an infraction. D. If a store has subsequent violations of this Chapter that are similar in kind to the violation addressed in a written warning notice, the following penalties will be imposed and shall be payable by the operator of the store: 127A fine not exceeding one hundred dollars ($100.00) for the first violation after the written warning notice is given; A fine not exceeding two hundred dollars ($200.00) for the second violation after the written warning notice is given; or A fine not exceeding five hundred dollars ($500.00) for the third and any subsequent violations after the written warning notice is given. E. A fine shall be imposed for each day a violation occurs or is allowed to continue. F. Any store operator who receives a written warning notice or fine may request an administrative review of the accuracy of the determination or the propriety of any fine issued, by filing a written notice of appeal with the Director of Public Works no later than 30 days after receipt of a written warning notice or fine, as applicable. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses, that the appellant wishes to be considered in connection with the appeal. The appeal will be heard by the Director of Public Works. The Director of Public Works will conduct a hearing concerning the appeal within 45 days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the Director of Public Works, and will give the appellant 10 days prior written notice of the date of the hearing. The Director of Public Works may sustain, rescind, or modify the written warning notice or fine, as applicable, by written decision. The Director of Public Works will have the power to waive any portion of the fine in a manner consistent with the decision. The decision of the Director of Public Works is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision. 11.16.090 Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision will not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this ordinance would be subsequently declared invalid. 11.16.100 No conflict with federal or state law. Nothing in this ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law. 128Appendix C Mitigation Monitoring and Reporting Program (MMRP) 129Mitigation Monitoring and Reporting Program Plastic Carryout Bag Ordinance Environmental Impact Report Addendum Prepared for: City of Culver City Department of Public Works 9770 Culver Boulevard Culver City, CA 90232 Contact: Helen B. Kerstein, Management Analyst (310) 253-5618 Prepared by: Rincon Consultants, Inc. 180 North Ashwood Avenue Ventura, California 93003 April 2013 130Plastic Carryout Bag Ordinance Mitigation Monitoring and Reporting Program City of Culver City|1010|MITIGATION MONITORING AND REPORTING PROGRAM CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). The mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the EIR, specifications are made herein that identify the action required and the monitoring that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the Mitigation Monitoring and Reporting Program (MMRP). To implement this MMRP, the City of Culver City will designate a Project Mitigation Monitoring and Reporting Coordinator (“Coordinator”). The coordinator will be responsible for ensuring that the mitigation measures incorporated into the project are complied with during project implementation. The coordinator will also distribute copies of the MMRP to those responsible agencies identified in the MMRP, which have partial or full responsibility for implementing certain measures. Failure of a responsible agency to implement a mitigation measure will not in any way prevent the lead agency from implementing the proposed project. The following table will be used as the coordinator’s checklist to determine compliance with required mitigation measures. 131Plastic Carryout Bag Ordinance Mitigation Monitoring and Reporting Program City of Culver City|1010|Mitigation Measure/Condition of Approval Monitoring Milestone/ Frequency Responsible Agency or Party Action Indicating Compliance Compliance Verification Initials Date Comments GREENHOUSE GAS EMISSIONS Mitigation Measure MM-GHG-1 ? Implement and/or expand public outreach and educational programs to increase the percentage of paper carryout bags that are recycled curbside. ? Distribute reusable grocery bags free of charge to encourage further transitions to reusable bags; consider public/private partnerships to offset costs of distribution. ? Implement an outreach program for affected stores to encourage consumer transition to reusable bags, to reduce double bagging, and to encourage reuse and in-store recycling of paper carryout bags. -For at least two years, add information to the City's website about recycling paper bags curbside. Explore the feasibility of other distribution channels such as physical mailers and the TV crawler. -Distribute bags at the following locations for at least five years: - City Hall (annually) - Fiesta La Ballona (annually) - A minimum of at least one other event annually -At least once, prior to the operative date of the Ordinance, send mailers to affected stores with information on the Ordinance and tips on encouraging consumer transition to reusable bags, reducing double bagging, and encouraging reuse and in-store recycling of paper carryout bags. Public Works Department -Review and update quarterly the City’s website regarding paper bag recycling. -Annual review confirming that bags were distributed at the locations and events identified. -Receipt of mailers sent to affected stores prior to the operative date of the Ordinance. 132