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HomeMy Public PortalAboutSecond Reading of the Single-Use Foodware Reduction Ordinance (2022-09) Date: November 8, 2022 Honorable Mayor and Council Members: Author and title: Melanie Conti, Administrative Analyst I Title: Second Reading of the Single-Use Foodware Reduction Ordinance (2022-09) Approved By: Jen Callaway, Town Manager Recommended Action: (1) Waive the second reading of Ordinance 2022-09 adopting Chapter 6.04 of the Town of Truckee Municipal Code regarding Foodware and Food Packaging. (2) Find the adoption of the ordinance exempt from CEQA pursuant to CEQA guidelines sections 15061(b)(3), 15307 and 15308. Discussion: I. Background In 2018, Town Council directed staff to explore solutions for litter and waste in our community, after students and environmental advocates showed strong support for waste reduction policies, such as a straw ban and an expanded polystyrene ban. At that time, staff began conducting outreach and research on strategies to effectively reduce waste in Truckee. Two community workshops were held in August and October of 2019, and staff presented policy recommendations to Town Council in February 2020, where Council directed staff to develop a working group to evaluate the policies. Due to the Covid pandemic and local stakeholders’ inability to engage, development of the working group was paused until January 2022. From January through June 2022, stakeholders including business representatives, environmental advocates, students, members of the public, and two Town Council representatives, met six times to determine the details of the single-use foodware ordinance, including exemptions, grant programs, and implementation strategies to suit our community. The working group developed policy recommendations and staff did outreach to the community in July 2022 to get feedback on the recommendations. Community surveys were conducted, with over 400 responses from members of the public and 65 from businesses. Staff brought these results and recommendations to Town Council in August 2022, where Council approved the policy recommendations. (See Attachment 1: August 9, 2022 staff report). A first reading of the ordinance occurred on October 25, 2022. (See Attachment 2: October 25, 2022 staff report). According to the 2014 CalRecycle waste characterization study, food and beverage packaging makes up 25% of all waste produced in California and an estimated 67% of street litter according to Clean Water Fund. A local analysis of litter collected from Truckee Litter Corps estimated that 68% of roadside litter in Truckee is foodware packaging. These products end up in our local waterways and natural environments, harming wildlife and creating clean-up and end-of-life management costs. Even when properly disposed, these products take up space in our landfills and can emit greenhouse gases when they decompose. In addition, disposable foodware has embedded carbon emissions from the resource extraction, production, and transportation required to produce each product that is only used one time. Page 14 Item 6.2 The objective of this ordinance is to reduce the use of all single-use foodware products and foster a cultural shift towards reusables. When considering waste reduction strategies, staff and the working group focused on reducing lifecycle impacts, which considers production, transportation, and disposal of foodware products. When considering cradle to grave impacts of a product, no one disposable foodware product material type (bioplastic, fiber-based, plastic, aluminum, etc.) has a significantly lower GHG impact. Meanwhile, reusable foodware products have a significantly lower GHG impact than all disposables due to their lower upstream impacts per use. Although recyclable and compostable products may seem like viable alternatives, these products are still single-use and have significant lifecycle GHG impacts and often still end up in a landfill. The policies in this ordinance push our community towards self-reliance and source reduction, the most preferred practice of waste treatment methods. Expanded polystyrene products are also of particular concern because they are lightweight and can easily be blown by the wind, polluting the environment and waterways. These products can also easily break down into smaller pieces, making them very difficult to recover as litter. The working group also drove to ensure that the policies are applied equitably. Each proposed policy includes business assistance to provide funding and technical assistance for businesses to help achieve compliance. A grant program will support businesses to transition away from expanded polystyrene products and purchase reusable foodware and dishwashing equipment. Impacts on low-income customers were also taken into account when considering a fee for disposable takeout cups and drinks, given that limited-service restaurants tend to provide more single-use products and offer less expensive meal options. For this reason, exemptions from the fee are included for customers with low-income. Ordinance requirements include: (1) a ban on expanded polystyrene, effective April 1, 2023; (2) a requirement for restaurants to provide reusable foodware for in-house dining; and (3) a $0.25 customer fee on disposable takeout containers and cups provided. Truckee is the first jurisdiction to implement a fee on disposable takeout containers. Eight other jurisdictions across the US have imposed a fee for disposable takeout cups, and the City of Arcata has imposed a fee on takeout orders that include disposable foodware, including disposable cups and takeout containers. Truckee is the first city to require a $0.25 fee on each disposable takeout cups and disposable takeout containers. This is a groundbreaking feat, consistent with Town Council’s goals to be leaders in environmental sustainability. The goal of the customer fee is to incentivize customers to bring their own reusable to avoid the $0.25 charge, consistent with research that indicates a fee is more impactful to change customer behavior than a discount. II. Environmental Clearance Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the adoption of this ordinance does not have potential for causing a significant effect on the environment and is therefore not subject to the CEQA Guidelines. The ordinance serves to establish requirements to reduce the production and disposal of disposable foodware products and will not result in any construction or any other physical change to the environment. The adoption of this ordinance rather protects natural resources and the environment. Therefore, this ordinance is further exempt from CEQA Guidelines Sections 15307 and 15308, which exempt actions taken by regulatory agencies to assure the maintenance, restoration, or enhancement of a natural resource. III. Next Steps and Implementation Implementation will require a large amount of outreach and education to the business community and members of the public. Staff will present the second reading of the ordinance to Town Council in November 2022. If adopted by Town Council in November, staff anticipate the following next steps:  November 8, 2022 Second reading and adoption of the ordinance  November 2022 Release RFP for consultant to support outreach and Page 15 Item 6.2 implementation for foodware restrictions effective January 1, 2024  November-December Complete public outreach and education campaign plan for expanded polystyrene restrictions and develop Town assistance grant programs (completed by Town staff)  December 13, 2022 Bring grant program guidelines to Town Council for approval  January – March Conduct outreach and education related to expanded polystyrene to restaurants & retail stores (conducted by Town staff)  April 1, 2023 Expanded polystyrene restrictions take effect  April-December 2023 Conduct outreach and education related to reusables for in- house dining, charge for disposable takeout container and cups, and single-use accessories (conducted by Town staff with consultant support)  January 1, 2024 Reusables for in-house dining, charge for disposable takeout containers and cups, and single-use accessories take effect  2024 and beyond Continue to provide technical assistance and monitor compliance Staff plans to segment outreach for restrictions effective in April 2023 and January 2024. Given the tight turnaround and limited outreach required prior to expanded polystyrene restrictions taking effect in April, staff plans to conduct outreach related to expanded polystyrene restrictions with in-house staffing capacity and assistance from contracted graphic and design consultants. Town staff are aware of which retail stores and restaurants are using expanded polystyrene and staff have the capacity to educate those 28 businesses. Staff will contact each retail store and restaurant in the Town, and will utilize targeted outreach, including in-person contact with those using EPS products. Staff will also make businesses that will also be affected by the January 2024 restrictions aware of upcoming communication. Town staff plans to seek consultant support for outreach and education for restrictions effective January 2024. These restrictions will impact 85 businesses and require technical assistance, including potential grant funding for businesses, and one-on-one support with each business owner. Staff will release an RFP for a consultant to support this effort. Outreach and education will include communication with local partners, including the Truckee Chamber, Truckee Downtown Merchants Association, and Visit Truckee-Tahoe. Approaches to contact affected businesses will include door-to-door communication, phone calls, and e-blasts. Public outreach methods will include business counter-top and window signs, e-blasts, social media, traditional media (radio, newspapers, CCTV), public events tabling, disseminating information at community events, and through the school district. Priority: Enhanced Communication x Climate and Greenhouse Gas Reduction Housing Infrastructure Investment Emergency and Wildfire Preparedness Core Service Fiscal Impact: Implementation of new a new single-use foodware ordinance will require significant staff time for business technical support and community outreach, as well as funding for business assistance Page 16 Item 6.2 grants and outreach materials. The Adopted FY22/23 CIP budget C2309 includes $50,000 to support implementation of these policies, comprised of $40,000 for business grants and $10,000 for outreach and education. Staff anticipate that this approved budget is sufficient for program implementation. Public Communication:  Community & business workshops  Working group agenda postings and six public meetings  Social media survey outreach, including video  Talk from the Town Newsletter  Eblasts for business surveys (from Keep Truckee Green, Truckee Chamber, and TDMA)  Business surveys conducted by phone  Agenda Posting Attachments: 1. October 25, 2022 Staff Report available at: https://portal.laserfiche.com/Portal/DocView.aspx?id=59629735&repo=r-6a91ddbc 2. August 9, 2022 Staff Report available at: https://portal.laserfiche.com/Portal/DocView.aspx?id=59587168&repo=r-6a91ddbc 3. Ordinance 2022-09 Page 17 Item 6.2 TOWN OF TRUCKEE California ORDINANCE 2022-09 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE ADOPTING CHAPTER 6.04 OF THE TRUCKEE MUNICIPAL CODE REGARDING FOODWARE AND FOOD PACKAGING WHEREAS, the Town of Truckee has the police power to protect the health, safety, and welfare of the community, including the ability to protect and enhance the natural environment; and WHEREAS, Truckee’s plastic bag ban enacted in 2014 was the Town’s first waste reduction policy exemplifying a history of environmental stewardship; and WHEREAS, Town of Truckee 2021-2023 Town Council priorities include “Reduce greenhouse gas emissions and become a leader in environmental sustainability”; and WHEREAS, the production and disposal of single-use foodware has major environmental impacts, including street litter, water pollution, wildlife harm, depletion of resources, greenhouse gas emissions, and clean-up and end of life management costs; and WHEREAS, food and beverage packaging comprise approximately one quarter of California’s disposed waste stream annually, according to CalRecycle, and an estimated 67% of street litter, according to the Clean Water Fund; and WHEREAS, expanded polystyrene products are of distinctive concern because they can break into small pieces and may easily be picked up by the wind even when they have been disposed of properly, making it extremely difficult to recover as litter, polluting the environment and waterways; and WHEREAS, regulating the use of disposable foodware products will minimize greenhouse gas emissions from production, transportation, and packaging of those disposable products, maximize the operating life of landfills, and reduce impacts to the environment and wildlife; and WHEREAS, reusable foodware products are more environmentally sound because their multiple uses reduce the upstream impacts per item, and can save businesses money; and WHEREAS, single-use foodware accessories, including napkins, straws, condiments, forks, spoons, sporks, knives and other disposable flatware create waste and environmental hazards, and California Public Resources Code Section 42270 et seq. requires that such accessory items shall only be made available upon request; The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein by reference as findings adopted by the Town Council in connection with the adoption of this ordinance. Page 18 Item 6.2 Ordinance 2022-09 Page 2 Section 2. Adoption of Chapter 6.04. A new Chapter 6.04 of the Truckee Municipal Code, entitled “Foodware and Food Packaging”, is hereby adopted to read as set forth in Exhibit “A”, attached hereto and incorporated herein by reference. Section 3. CEQA. The Town Council hereby finds that under Section 15061(b)(3) of the California Environmental Quality Act (“CEQA”) Guidelines, the adoption of thi s ordinance is exempt from review under CEQA because it can be seen with certainty that the provisions of this ordinance do not have the potential for causing a significant effect on the environment. The Town Council further finds that the adoption of thi s ordinance is additionally exempt from review under CEQA pursuant to CEQA Guidelines Sections 15307 and 15308, as an action taken by a regulatory agency to protect natural resources and the environment. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Town Council of the Town of Truckee hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 5. Effective Date. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Section 6. Posting and Publication. The Town Clerk is hereby directed to publish this ordinance in accordance with the law. * * * * * The foregoing ordinance was introduced at a regular meeting of the Truckee Town Council held on the ___day of _______ 2022, and adopted at a regular meeting of the Truckee Town Council, on the ___ day of _____; 2022; _________ moved for the adoption, the motion was seconded by ___________ and was carried by the following vote: AYES: NOES: ABSENT: __________________________ Courtney Henderson, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ __________________________ Judy Price, MMC, Town Clerk Andrew Morris, Town Attorney Page 19 Item 6.2 Ordinance 2022-09 Page 3 EXHIBIT “A” CHAPTER 6.04 CHAPTER 6.04 FOODWARE AND FOOD PACKAGING 6.04.010 - PURPOSES The Council of the Town of Truckee finds and declares as follows: A. The production and disposal of disposable food and beverage packaging has significant environmental impacts, including the contamination of the environment, the depletion of natural resources, use of non -renewable fossil fuels, and greenhouse gas emissions. B. Food and beverage packaging makes up 25% of all waste produced in California and comprises the majority of street litter. C. Disposable expanded polystyrene products and packaging are a distinctive concern because this type of litter is lightweight and can easily break down and spread into the natural environment. D. It is in the interest of the health, safety, and welfare of all who live, work, and recreate in the Town of Truckee that the amount of litter on public streets, parks, outdoor recreation areas, and other public spaces be reduced. E. Most disposable foodware is not recyclable after use because it becomes contaminated with food and grease. F. Many types of disposable foodware are not accepted in commercial compost facilities because they cause contamination and lower the quality and value of compost. G. Eliminating solid waste and litter at its source meets the Town of Truckee’s Draft 2040 Climate Action Plan goal to “Minimize embedded carbon emissions and reduce overall consumption.” H. Reducing disposable packaging by eliminating unnecessary items and transitioning to reusable products provides greater environmental benefits than managing the products that become waste, even when recycled or composted. 6.04.020 – DEFINITIONS As used in this chapter, the terms set forth below shall have the following meanings: “Disposable takeout container” means a container meant to package and store food from a restaurant or other prepared food vendor, which is designed for a single use Page 20 Item 6.2 Ordinance 2022-09 Page 4 rather than designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, including without limitation any container, bowl, plate, tray, carton, or box provided to the customer which does not meet the definition of “reusable foodware” set forth herein. "Disposable cup" means a beverage cup designed for single use to serve beverages, such as water, cold drinks, hot drinks and alcoholic beverages provided to the customer which does not meet the definition of “reusable foodware” set forth herein. “Expanded polystyrene” means blown polystyrene and expanded and extruded foams (including without limitation the form of expanded polystyrene insulation which is known as ‘Styrofoam’, a trademark of Dow Chemical Co.) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by various techniques, including without limitation fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion blow moldin g (extruded foam polystyrene). Expanded polystyrene does not include clear or solid polystyrene (oriented polystyrene). “Pre-packaged food” means food that arrives at the premises of the restaurant or other food vendor in a container or wrapper and is not removed from the container or wrapper before its sale or distribution. "Prepared Food" means foods or beverages which are prepared on the vendor’s premises by cooking, chopping, slicing, mixing, freezing, squeezing, or other processing and which require no further preparation to be consumed. Prepared Food does not include raw uncooked whole fruits or vegetables which are not chopped, squeezed, or mixed, or raw uncooked meat products. "Prepared Food Vendor" means any establishment located within the Town of Truckee, including a bakery, cafeteria, drive in, food products store, food service establishment (carry out, quick service, full service), drugstore, theater, bar and other similar establishment, selling prepared food to be consumed on and/or off its premises. “Reusable foodware” means all foodware, including plates, bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations. “Single-use foodware accessory” means single-use items provided along with ready-to- eat food, including without limitation napkins, forks, knives, spoons, sporks, chopsticks, Page 21 Item 6.2 Ordinance 2022-09 Page 5 condiment cups and packets, straws, stirrers, splash sticks, cocktail sticks, cup sleeves, and cup lids. “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, s alt, pepper, sugar, and sugar substitutes. 6.04.030 – PROHIBITED FOOD PACKAGING AND CONTAINERS A. Effective April 1, 2023, except as set forth herein, no restaurant, retail store, food vendor, or other business or person shall sell, distribute, or provide to customers expanded polystyrene, including without limitation by selling food which is packaged partially or entirely in expanded polystyrene, nor shall any business purchase, obtain, keep, or otherwise use in its business any expanded polystyrene produc t. B. The prohibition set forth in subsection A of this section shall not apply to: (i) expanded polystyrene products which are wholly encapsulated or encased within a more durable material, such as coolers or ice chests which encase expanded polystyrene in rigid plastic; or (ii) the sale of food packaged outside Truckee, provided that this exception shall not apply to egg cartons and trays for meat, fish, and fruit or vegetables sold in grocery stores. C. For a period of one year from the effective date of this section, a restaurant, retail store, food vendor, or other business or person may apply to the Town of Truckee for a one-year hardship exemption to be permitted to continue using one or more specific expanded polystyrene items for which the requirements of this section present an undue hardship or practical difficulty because there are no available non-polystyrene alternatives or such alternatives are not affordable to the restaurant, retail store, food vendor, or other business or person. 6.04.040 – REUSABLE FOODWARE FOR ON-PREMISES DINING A. Effective January 1, 2024, except as set forth herein, prepared food served for consumption on the premises of a prepared food vendor shall only be served using reusable foodware. B. The requirement of subsection A of this section shall not apply to disposable paper food wrappers; aluminum foil food wrappers; paper napkins; straws; paper tray or plate liners; non-plastic stirrers, cocktail sticks, and toothpicks; or pre-packaged food packaged outside the premises of the prepared food vendor. Page 22 Item 6.2 Ordinance 2022-09 Page 6 C. The requirements of subsection A of this section shall not apply to Mobile Food Facilities or Temporary Food Facilities as defined by CA Health and Safety Code Sections 113831 and 113930 and as amended. D. A restaurant or other food vendor may apply to the Town of Truckee for a one - year hardship exemption to be permitted to continue using foodware which is not reusable foodware. Each application for a hardship exemption shall provide evidence of the conditions which make it impossible for the restaurant or other food vendor to comply with the reusable foodware requirement, such as insurmountable space constraints, undue financial hardship and/or other extraordinary, insurmountable circumstances. E. Prior to the Town of Truckee issuing a land use permit or building permit for new construction or conversions, any restaurant or other prepared food vendor shall submit to the Town a plan demonstrating ability to comply with this section. Installation and/or maintenance of appropriate dishwashing capacity to allow compliance with this section shall be included as a specific condition of approval for such permits. 6.04.050 – CHARGE FOR DISPOSABLE TAKEOUT CONTAINERS AND CUPS A. Effective January 1, 2024, except as set forth herein, all restaurants or other prepared food vendors shall charge customers twenty-five cents ($0.25) for each disposable cup and disposable takeout container provided. All income from this charge shall be retained by the restaurant or other prepared food vendor collecting the charge. Such charges shall be identified separately and clearly on any receipt provided to the customer, and shall be identified for customers on menus, ordering platforms, and/or menu boards, and verbally disclosed to customers ordering by phone. B. The charge set forth in subsection A of this section shall not apply to pizza boxes and shall not apply to containers for leftover food provided to customers following the purchase of food for dining on the premises of the restaurant or other prepared food vendor. C. The requirements of subsection A of this section shall not apply to Mobile Food Facilities or Temporary Food Facilities as defined by CA Health and Safety Code Sections 113831 and 113930 and as amended. D. The charge set forth in subsection A shall not be imposed on customers demonstrating, at the point of sale: (i) a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Page 23 Item 6.2 Ordinance 2022-09 Page 7 Division 106 of the California Health and Safety Code and as amended; (ii) an electronic benefit transfer card (EBT) issued pursuant to Section 10072 of the California Welfare and Institutions Code, as amended; or (iii) a card reflecting enrollment in Medi-Cal, pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the California Welfare and Institutions Code, as amended. 6.04.060 – REUSABLE CUSTOMER FOODWARE Customers may provide their own reusable foodware for beverage and food service in accordance with the California Health and Safety Code. Food Vendors shall keep all customer provided reusable foodware separated from the food facility’s foodware to prevent any cross-contamination. Food Vendor staff filling customer provided foodware shall prevent cross-contamination of food contact surfaces or utensils used for food dispensing (e.g. customer foodware should be placed upon surfaces that are not used for food preparation and on surfaces that can be sanitized immediately). Food vendors may refuse, at their sole discretion, any customer-provided reusable foodware that is cracked, chipped or corroded, appears inappropriate in size, material, or condition for the intended beverage or food item, or that appears to be excessively soiled or unsanitary. If the customer provided reusable foodware is rejected, the food vendor may instead require use of reusable foodware for consumption on the premises of the food service establishment, or use of a disposable foodware item for a beverage or food item to be consumed off the premises of the food service establishment, together with the charge required pursuant to Section 6.04.050. 6.04.070 – SINGLE-USE FOODWARE ACCESSORIES A. Effective January 1, 2024 except as set forth herein, a restaurant or other food vendor, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a customer unless the single-use foodware accessory or standard condiment is requested by the customer. B. Single-use foodware accessories and standard condiments packaged for single use provided by restaurants or other food vendors for use by customers shall not be bundled or packaged in a manner that prevents a customer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment. C. A restaurant or other food vendor may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the customer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. Page 24 Item 6.2 Ordinance 2022-09 Page 8 D. A third-party food delivery platform shall provide customers with the option to request single-use foodware accessories or standard condiments from a restaurant or other food vendor serving ready-to-eat food. E. If a restaurant or other food vendor uses any third-party delivery platform for ready-to-eat food, the restaurant or other food vendor shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the customer shall be provided by the food facility. If a customer does not select any single- use foodware accessories or standard condiments, no single -use foodware accessory or standard condiment shall be provided by the restaurant or other food vendor for delivery of ready-to-eat food. F. Nothing in this section shall prohibit a restaurant or other food vendor from making unwrapped single-use foodware accessories available to a customer using refillable self-service dispensers that dispense one item at a time to allow for single -use foodware accessories to be obtained. G. Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use. Page 25 Item 6.2