Proposed Bag Reduction Ordinance

PROJECT DESCRIPTION

The City of Berkeley is proposing an ordinance to reduce the environmental impacts of single use plastic and paper shopping bags by encouraging shoppers to use reusable bags.  The project is a Proposed Ordinance, which would reduce the use of single use plastic checkout bags and paper checkout bags in Berkeley, thereby reducing the number of them that are manufactured, and the number that are released to the natural environment or disposed of in landfill.  The Berkeley shoreline has been listed as one of the 10 hot spots for plastic bag pollution by Save The Bay.  Over 3500 plastic bags were collected from our shoreline in a single day during the 2009 Coastal Clean-up.  The Ordinance would prohibit all retail product stores from making plastic bags, including compostable bags, available at checkout stands.  Because paper bags also have resource and energy impacts, stores would be required to charge a fee of 15 cents on each large paper checkout bag.  Paper checkout bags would be required to have minimum 40% post consumer recycled content.  Our goal is to promote reusable bags and reduce the use of all single use bags.

This ordinance applies to bags provided at the checkout counter.  It does not apply to plastic or paper bags used within the store to contain produce, bulk or meat products.  Product packaging on the shelf is not affected.  Purchases made with food stamps, WIC, and other such government-provided programs would be exempt from the fee on paper bags.  Plastic bags may continue to be used for take-out of prepared food.

The project would be implemented in two phases: The first phase would be effective six months from the date of adoption, and apply to supermarkets and large pharmacies, as defined in the Public Resources Code.  The second phase would be effective twelve months from the date of adoption, and would apply to all retail stores, as defined in the City’s zoning ordinance.

In accordance with the California Environmental Quality Act (CEQA) the City prepared an Initial Study to review possible environmental impacts of the proposed ordinance, and proposes a finding that there are no negative impacts.    

The thirty-day comment period on the Negative Declaration was held from October 2, 2009 through November 2, 2009.  Compiled comments and responses will be published on this web site as soon as possible.  The City also welcomes constructive comments on the draft bag reduction ordinance.

A letter to merchants regarding the proposed ordinance is available here.

In order to gauge public opinion and potential for behavior change, the City will be conducting a phone survey of Berkeley households.  A revised draft ordinance and all of support information will be submitted to City Council in June 2010.

PUBLIC COMMENT PROCEDURES 

Comments should be submitted in writing and sent by mail or by email:

1. Mail or deliver to:
   City of Berkeley, Department of Public Works
   Attention: Andy Schneider, Recycling Program Manager
   1201 Second Street, Berkeley, CA 94710
   
2. Email to ASchneider@cityofberkeley.info with “Bag Reduction Ordinance” in the subject line.

City staff is available to attend neighborhood, community, and merchants’ meetings in Berkeley to discuss the proposed Ordinance.