Title
a. Receive an oral report regarding recent factors that may influence preparation of a reusable bag ordinance to restrict single-use carry-out plastic bags and encourage use of reusable bags; and
b. Provide direction to staff on alternative approaches to development of the ordinance.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive an oral report regarding recent factors that may influence preparation of a reusable bag ordinance to restrict single-use carry-out plastic bags and encourage use of reusable bags; and
b. Provide direction to staff on alternative approaches to development of the ordinance.
SUMMARY:
On July 30, 2013, the Board of Supervisors directed staff to proceed with preparation of an Environmental Impact Report (EIR) that would analyze both a proposed draft County reusable bag ordinance as well as proposed ordinances by cities within Monterey County wishing to pursue similar ordinances. On January 23, 2014, a California State reusable bag bill, Senate Bill 270 (SB270), was announced with a key provision that would preempt local jurisdictions from enforcing similar ordinances if adopted after September 1, 2014. This is a compromise bill, supported by the California State Association of Counties (CSAC), which has a good chance of passage this year according to CAO staff analysis. Due to the current consideration of SB270 by the State, the Board may want to reconsider its direction with regard to a similarly focused local ordinance. Of special significance, two appellate court decisions were published in 2013 which upheld the use of a categorical exemption under the California Environmental Quality Act (CEQA) for ordinances that restricted use of plastic bags and imposed a charge on paper bags. These developments raise the issue as to whether a local EIR is still appropriate, or whether other alternatives should now be considered. Three options have been identified and the pros and cons o...
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