Title
Introduction of Ordinance Amending Alameda Municipal Code Chapter Four to Comply with Assembly Bill 1276 Regarding Single-Use Foodware Accessories and Standard Condiments. (Public Works 26141630 and 26241631)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In 2021, Assembly Bill (AB) 1276 “Accessories By Request” was signed into law prohibiting food facilities from providing specific single-use foodware accessories and condiments unless requested by the customer. The law also requires jurisdictions to authorize an entity, by June 1, 2022, to enforce the requirements. This Ordinance revises the City of Alameda’s (City) existing Disposable Food Service Ware law to comply with AB 1276.
BACKGROUND
In 2017, the City Council passed the Disposable Food Service Ware law (Alameda Municipal Code (AMC) Chapter 4, Article 1, Section 4-4) to prohibit certain single-use plastics and clarify compostable food service ware requirements.
In 2018, the State of California (State) passed the Straws Upon Request law (AB 1884) which prohibited full service restaurants from providing a single-use plastic straw to a customer unless requested.
In 2018, the City Council approved the Zero Waste Implementation Plan Update (ZWIP Update), which included five strategies to be implemented over five years to achieve zero waste:
• Strategy One: Support zero waste culture in Alameda
• Strategy Two: Conduct targeted technical assistance with commercial and multi-family sectors
• Strategy Three: Create a food recovery program and enhance organics management
• Strategy Four: Update Alameda's construction and demolition debris (C&D) recycling ordinance and conduct outreach
• Strategy Five: Expand high diversion franchise agreement with waste hauler
In 2021, AB 1276 was signed into law to prohibit food facilities and third-party food delivery platforms from providing specific single-use foodware accessories and condiments unless requested by the customer. AB 1276 built off of the prohibitions included in AB 1884. The state law defines single-use foodware accessories as utensils, chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks. Condiments include single-use packets of ketchup, mustard, hot sauce, salsa, soy sauce, sugar, and salt.
AB 1276 also requires jurisdictions, by June 1, 2022, to authorize an enforcement agency to enforce the law. For the City to enforce the requirements, the AMC must be amended to adopt the state law.
For first and second violations, AB 1276 requires a notice of violation to be issued. For subsequent violations, the state law specifies a fine of $25 dollars for each day in violation, with an annual cap of $300 dollars. The penalty amounts and annual cap in AB 1276 are inconsistent with the City’s existing enforcement process identified in AMC 1-5 and 1-7. The City’s Disposable Food Service Ware law utilizes the administrative citation fines in AMC 1-7: $250 for the first violation, $500 for the second violation, and $1,000 for third and subsequent violations with no annual cap. To comply with state law, this Ordinance includes the lower penalty amount and annual cap for violations of the requirements in AB 1276, with the exception of AMC 4-4.4.1 regarding straws. Violations of the City’s existing straws-on-request requirement will maintain the higher penalty amounts in AMC 1-7.
DISCUSSION
This item would revise the AMC to comply with AB 1276 by adopting the law by reference, establishing the City’s enforcement authority, and specifying a penalty amount and annual cap as required.
This action is consistent with both the City’s existing Disposable Food Service Ware law and the 2018 ZWIP Update, specifically Strategy One “Support Zero Waste Culture in Alameda” by reducing the amount of unnecessary single-use food ware items from being distributed.
Staff is proposing that this Ordinance be enforced on a complaint driven basis via the enforcement process provided in AMC Section 4-4.7. This is consistent with the enforcement approach for the City’s Disposable Food Service Ware law.
ALTERNATIVES
• Adopt Ordinance as proposed.
• Provide staff direction to amend the proposed ordinance.
• Do not adopt the Ordinance, which would result in the City being out of compliance with AB 1276.
FINANCIAL IMPACT
Existing staff resources in the Integrated Waste (Org 26141630) and Measure D (Org 26241631) programs of Public Works will be utilized to enforce this Ordinance. There is no financial impact to the General Fund from the adoption of the proposed revisions to the municipal code.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This Ordinance would amend AMC Chapter Four, adding prohibitions to the City’s existing Disposable Food Service Ware law. As required to comply with AB 1276, this Ordinance includes the penalty amounts referenced in state law instead of relying on the City’s existing amounts in AMC 1-5 and 1-7, with the exception of AMC Section 4-4.4.1 regarding straws. Violations of the City’s existing straws-on-request only requirement will maintain the higher penalty amounts in AMC 1-7.
This action is consistent with the Climate Action and Resiliency Plan (2019), the Zero Waste Implementation Plan (2010), and the ZWIP Update (2018).
ENVIRONMENTAL REVIEW
In accordance with California Environmental Quality Act (CEQA), this project is categorically exempt pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment.
CLIMATE IMPACTS
The City’s Climate Action and Resiliency Plan assumes full implementation of the ZWIP Update to achieve the City’s greenhouse gas reduction goals. Implementation of this Ordinance will help the City reduce waste and conserve resources and assist the City in meeting its zero waste goal.
RECOMMENDATION
Amend Alameda Municipal Code chapter four to comply with Assembly Bill 1276 regarding single-use foodware accessories and standard condiments.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Angela Vincent, Program Specialist
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
cc: Gerry Beaudin, Interim City Manager