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Exhibit CC 3-5-13 #10 Single use carryout bag ordinance CC 3111/3 irk /6 ys:r ORDINANCE NO. 13- AN ORDINANCE OF THE CTTY COUNCIL OF THE CITY ;,UpERTINC, OF CUPERTINO ADDING CHAPTER 9.17 TO THE CUPERTINO MUNICIPAL CODE REGARDING REGULATION OF SINGLE-USE CARRYOUT BAGS Attachment C The City Council of the City of Cupertino herby ordains as follows: Section 1. Addition of Chapter 9.17. Chapter 9.17 is hereby added to the Cupertino Municipal Code to read as follows: CUPERTINO MUNICIPAL CODE CHAPTER 9.17 REGULATION OF SINGLE-USE CARRYOUT BAGS 9.17.100 Findings and purpose The City Council finds and determines that: (a) The use of single-use carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare. (b) The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions. (c) Single-use carryout bags contribute to environmental problems, including litter in stormdrains, creeks, the bay and the ocean. (d) Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance. The City Council finds and declares that it should restrict the free distribution of single-use carryout bags. 9.17.110 Definitions A. "Customer" means any person obtaining goods from a retail establishment. B. "Garment bag" means a travel bag made of pliable, durable material with or Bag Ord-w S25 without a handle, designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without crushing or wrinkling the same. C. "Garment cover" means a protective textile cover with or without a handle, made of plastic, paper, or other material and used as a protective covering for clothing, draperies, or similar textiles after the professional cleaning, alteration, or repair of such items. D. "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent of its revenues from the handling and sale of those donated goods or materials. E. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. F. "Prepared food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed. G. "Public eating establishment" means a restaurant, take-out food establishment, or any other business that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises. H. "Recycled paper bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent post-consumer recycled content and is one hundred percent recyclable. I. "Retail establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the City of Cupertino. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers. J. "Reusable bag" means either a bag made of cloth or other machine washable Bag Ord-w!S.25 fabric that has handles, or a durable plastic bag with handles that is at least 2.25 millimeters mils thick and is specifically designed and manufactured for multiple reuse. K. "Single-use carryout bag" means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of the establishment. "Single-use carryout bags" do not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk food or meat from a department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag. 9.17.120 Implementation date This Chapter shall be implemented as of October 1, 2013. 9.17.130 Single-use carryout bag A. No person or retail establishment shall provide a single-use carryout bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section or in section 9.17.140. B. Effective October 1, 2013 a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of ten cents. Reusable bags may be given by retailer without charge. C. Effective January 1, 2015 a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of twenty-five cents. D. Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag or a reusable bag unless the amount of the sale of such bag is separately itemized on the sale receipt. E. A retail establishment may provide one or more recycled paper bags at no cost to any of the following individuals: a customer participating in the California Special Supplement 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; a customer participating in the Supplemental Food Program pursuant Bag Ord-w'S 25 to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code. 9.17.140 Exemptions The provisions of this Chapter shall not apply in the following circumstances where: 1. A plastic or paper carryout bag with or without handles is provided by a public eating establishment to transport prepared food; 2. A plastic or paper bag with or without handles is provided by a nonprofit charitable reuser; 3. A plastic or paper bag without handles is provided to transport prepared food, produce, bulk food, or meat from a department within a store to the point of sale; 4. A plastic or paper bag without handles is provided to hold prescription medication dispensed from a pharmacy; 5. A plastic or paper bag without handles is used to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled bag; 6. A garment bag or garment cover used to protect and transport clothing or other textiles. 9.17.150 Enforcement, recordkeeping and inspection Every retail establishment shall keep complete and accurate record or documents of the purchase and sale of any recycled paper bag or reusable bag by the retail establishment, shall be available for inspection at no cost to the City during regular-business h tws by any City employee authorized to enforce this Chapter. Unlez, an alternative location or method of review is mutually agreed upon, the records or documents shall be available incomplete records or documents to the City shall be a violation of this Chapter. 9.17. 150 Administrative citation and fine (a) Grounds for an administrative citation. An administrative citation may be issued upon findings made by the City Manager, or his or her designee, when any person or retail establishment has provided a single-use carryout bag to a customer or violated any other provision of this Chapter. Bag Ord- S.25 (b) Administrative citation fine amounts. Upon findings made under subsection (a), the retail establishment shall be subject to an administrative citation pursuant to Chapter 1.10 of this Code. Fines for the administrative citation are as follows: (1) First citation: One hundred dollars ($100.00) (2) Second citation for the same violation within the same twelve month period: Two hundred dollars ($200.00) (3) Third or any subsequent citation for the same violation within the same twelve month period: Five hundred dollars ($500.00) (4) Each day that any person or retail establishment violates the provisions of this Chapter a new and separate violation occurs. (c) Administrative citation appeals and disposition addressed in accordance with Chapter 1.10 of this Code. 9.17.170 160 Severability If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby. The City Clerk shall certify the adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. Section 2. EFFECTIVE DATE. Effective Date_This Ordinance shall be effective on October 1, 2013_ Section 3. CEOA Review. The County of San Mateo was the lead agency for environmental review under the California Environmental Quality Act (CEQA) and prepared and certified an Environmental Impact report analyzing the impacts of a reusable bag ordinance, banning single-use, carryout bags from stores, while requiring stores that provide recycled-content paper gags to charge customers a minimum of ten cents($.10) per bag. The EIR specifically analyzed the impacts of such an ordinance in the City of Cupertino, and the Cupertino City Council independently reviewed the EIR and determined that it was adequate for the City's use in adopting an ordinance. In BagOrd- 5.25 addition, the City prepared an Addendum analyzing minor changes to the ordinance. The City Council reviewed the EIR and Addendum and adopted CEOA findings of fact on January 15 and March 5, 2013 and concluded that that the proposed ordinance (including modifications) will not result in any significant environmental effect. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 15th day of January 2013 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 5th day of FcbruaryMarch 2013, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: Grace Schmidt, City Clerk Orrin Mahoney, Mayor Bay_old-w S.25 City of Cupertino Single-Use Carryout Bag Ordinance Addendum to the County of San Mateo Reusable Bag Ordinance Final Program EIR rinc on January 2013 E v , City of Cupertino Single-Use Carryout Bag Ordinance Addendum to the County of San Mateo Reusable Bag Ordinance Final Program EIR Prepared by: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 Contact: Cheri Donnelly Environmental Programs Mgr. Prepared with the assistance of Rincon Consultants, Inc. 180 North Ashwood Avenue Ventura, California 93003 January 2013 This report is printed on 30% recycled paper with 30% post-consumer content and chlorine-free virgin pulp. Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum Single-Use Carryout Bag Ordinance Addendum to the County of San Mateo Reusable Bag Ordinance Final Program EIR TABLE OF CONTENTS Page Introduction 1 Project Description 2 Environmental Impacts 4 Air Quality 4 Biological Resources 6 Greenhouse Gas Emissions 6 Hydrology and Water Quality 7 Utilities and Service Systems 8 Conclusion 9 References and Preparers 10 List of Tables Table 1 Existing and Proposed Bag Use 3 Table 2 Estimated Emission Changes Due to the County's Ordinance and the City's Ordinance 5 Table 3 Estimated Daily Emissions from Increased Truck Trips 5 Table 4 Estimated GHG Emissions 7 Table 5 Solid Waste Generation Due to Plastic and Paper Carryout Bags 9 Appendix Appendix A: URBEMIS Results for Truck Trips City of Cupertino i Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum INTRODUCTION This document is an addendum to the County of San Mateo Reusable Bag Ordinance Final Program Environmental Impact Report(EIR) that was certified by the County of Mateo Board of Supervisors on October 23,2012 (SCH #2012042013). As one of the 6 participating municipalities from the County of Santa Clara in the EIR, the City of Cupertino proposes an ordinance to ban plastic carryout bags that is largely consistent with the ordinance analyzed in the County of San Mateo'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 Cupertino. The proposed Ordinance within Cupertino would ban single-use plastic carryout bags at all commercial establishments that sell perishable or nonperishable goods,including,but not limited to,clothing,food and personal items and would place a minimum ten(10) cent charge on the issuance of recycled paper carryout bags by an affected store, as defined. Retailers would be allowed to provide reusable carryout bags (a minimum of 2.25 mils thick) to customers at the point of sale for no cost. 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 change being contemplated involves adopting a Single-Use Carryout Bag Ordinance in the City of Cupertino that is similar to the County of San Mateo's adopted Ordinance. The EIR for the County of San Mateo's adopted Ordinance included San Mateo County,incorporated cities within San Mateo, and 6 participating municipalities in Santa Clara County (including Cupertino). These participating jurisdictions were collectively called the "Study Area" in the EIR. The City is one of the 6 participating municipalities from the County of Santa Clara that were included in the EIR analysis for the County of San Mateo's Ordinance. The City would adopt the County's Reusable Carryout Bag Ordinance with a few minor changes that are specific to Cupertino. 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 Program 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 Cupertino and a comparison of the impacts of the proposed Ordinance to those identified for the County of San Mateo's approved Ordinance,which was studied in the Final Program EIR that was certified on October 23,2012. City of Cupertino 1 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum PROJECT DESCRIPTION The proposed Cupertino Single-Use Carryout Bag Ordinance ("Ordinance") would ban the issuance of plastic carryout bags and impose a minimum ten (10) cent charge on the issuance of recycled paper carryout bags at all retail establishments. Reusable bags may be given by a retailer without charge. The stores that would be affected are located within the City limits and include commercial establishment that sells perishable or nonperishable goods including,but not limited to,clothing,food,and personal items directly to the customer. Public eating establishments or nonprofit charitable reusers would be exempt. The differences between the City's proposed Ordinance and the ordinance adopted by the San Mateo County include the following: • Under the County's ordinance,recycled paper and reusable bags may be made available by a retail establishment for a minimum charge of 10 cents. Under the City's ordinance, there is no minimum charge for reusable bags. Reusable bags may be given by a retailer without charge. • Under the County's ordinance, the minimum charge for recycled paper and reusable bags would increase from 10 cents to 25 cents on January 1,2015. This provision is not included in the City's propose Ordinance. The minimum charge for recycled paper bags would not increase to 25 cents. The minimum charge would remain at 10 cents. • Under the County's Ordinance stores affected by the ordinance must keep records of the purchase and sale of recycled paper or reusable bags for three years from the date of purchase. This provision is not included in the City's proposed Ordinance. The differences between the City of Cupertino and County of San Mateo Ordinances as listed above are minor changes that would not significantly alter any of the bag use assumptions in the County of San Mateo's Final EIR (adopted October 2012). Consistent with the County's adopted Ordinance,with a ban on single-use plastic carryout bags and a minimum charge of 10 cents for recycled paper bags in the City's Ordinance, it is assumed that 65% of plastic bag use would be switched to reusable bags and 30% would switch to recycled paper bags) An estimated 31,340,682 plastic bags are currently used annually in the City of Cupertino. With a proposed Ordinance, as shown in Table 1, total bag use would be reduced to approximately 11,360,998 carryout bags per year. This bag use was considered in the County's Final EIR analysis,which analyzed bag use in San Mateo County and in 6 participating municipalities in the County of Santa Clara. Thus, even with the minor changes to the text of the Ordinance, the total bag use that would result from the City's proposed Ordinance would be the same as that analyzed in the County's Final Program EIR. 1 Assumption from Table B-2, Herrera Fiscal Analysis,2010 and City of San Jose Single-Use Carryout Bag Ordinance FEIR(SCH#2009102095).Though the City's proposed Ordinance would allow retail establishments to provide reusable bags free of charge, it is assumed that most retailers would include a charge.The assumption in the Herrera Fiscal Analysis of 30%switch to paper bags and 60%switch to reusable also assumes no charge for reusable bags. City of Cupertino 2 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum Table 1 Existing and Proposed Bag Use Proposed Plastic - Proposed Proposed Paper Existing Bags: 5% Reusable Bags: Bags: 30% Proposed Total Area Plastic Bags Remain (exempt 65%Switch to Switch to Carryout Bags retailers)' Reusable' Paper' County of San Mateo EIR 552,931,362 27,646,568 165,879,409 6,911,642 200,437,619 Study Area — Cupertino 34,340,682 1,567,034 391,759 9,402,205 11,360,998 'Rates utilized in the County of San Mateo Final EIR, SCH#20120.42-.013,and City of San Jose Final EIR, SCH#2009102095, October 2010. The proposed bag use assumptions used in the environmental analysis contained in the County's Final Program 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$0.25. Because more paper bags would be used under a S0.10 fee rather than under a $0.25 fee, and thus greater environmental impacts associated with paper bags,the County's Final Program EIR used the $0.10 fee as a "worst case" scenario in analyzing environmental impacts. As discussed in Section 6.0,Alternatives,in the County of San Mateo's Draft EIR, the EIR included an Alternative (Alternative #3) that considered a$0.25 fee on recyclable paper bags which was considered"environmentally superior" to the County's Proposed Ordinance (with a$0.10 fee) as the $0.25 fee would result in the use of fewer recyclable paper bags (and more reusable bags). Nevertheless, as discussed in Section 6.0,Alternatives,of the County's Draft EIR, the County's Proposed Ordinance would not have any significant impacts; therefore,adopting an environmentally superior alternative rather than the County's Proposed Ordinance would not avoid any significant environmental effects. As such, the EIR analysis and CEQA findings that were adopted by the County Supervisors were based on the environmental impacts associated with a$0.10 fee. Thus the City's proposed Ordinance,which would not increase the fee for recyclable paper bags to$0.25,would be similar :0 the project considered in the County's EIR. Further, it should be noted that the bag use assumptions used in the environmental analysis contained in the County's Final Program EIR were not based on a fee for recyclable bags or whether retailers kept records of the purchase and sale of recycled paper or reusable bags for three years. Thus,under the City's proposed Ordinance which would not require a fee for recyclable bags or the provision that requires retailers keep records of the purchase and sale of recycled paper or reusable bags, the bag use assumptions would be the same as in the County's Final Program EIR. The City's objectives for the proposed Ordinance would be the same as San Mateo County's objectives for the countywide ordinance. The objectives as described in the County's Final EIR include: • Reducing the amount of single-use plastic bags in trash loads (e.g., landfills), in conformance with the trash load reduction requirements of the NPDES Municipal Regional Permit • Reducing the environmental impacts related to single-use plastic carryout bags, such as impacts to biological resources (including marine environments), water quality and utilities (solid waste) City of Cupertino r Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum • Deterring the use of paper bags by customers in the respective jurisdictions • Promoting a shift toward the use of reusable carryout bags by retail customers in the respective jurisdictions • Avoiding litter and the associated adverse impacts to stormwater systems, aesthetics and the marine environment (San Francisco Bay and the Pacific Ocean) ENVIRONMENTAL IMPACTS This section addresses each of the environmental issues studied in the Final EIR,comparing the effects of the proposed Cupertino Single-Use Carryout Bag Ordinance with the effects of the County of San Mateo Reusable Bag Ordinance that was the subject of the adopted Final Program 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 EIR Initial Study (Appendix A of the Draft 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 San Mateo County Ordinance. The City's existing and proposed bag use was considered in the County's Final EIR analysis,which analyzed bag use in San Mateo County and in 6 participating municipalities in the County of Santa Clara. Therefore, all of the carryout bags 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 air quality impacts is not relevant. Thus, this analysis focuses on operational impacts. As studied in the County's Final EIR, operational impacts include emissions associated with bag manufacture, transportation, and use as well as emissions resulting from increased delivery trips. Emissions from Manufacture, Transportation and Use As described in Section 4.1 of the County's Final EIR, the County's Ordinance would be expected to result in an overall decrease in ozone and atmospheric acidification (AA) emissions. Table 2 shows the estimated daily emission changes that would result if the County of San Mateo and participating cities in Santa Clara County (including Cupertino) were to implement a plastic bag ban ordinance similar to the County's Ordinance. The emissions related to converting from plastic to paper and reusable bags as a result of the City's proposed Ordinance are also shown in Table 2. As shown, ozone and atmospheric acidification emissions would decrease in Cupertino. Therefore, similar to the County's determination in the Final EIR, air r4 City of Cupertino Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum quality impacts from the manufacture, transportation and use of carryout would be beneficial compared to existing conditions. Table 2 Estimated Emission Changes Due to the County's Ordinance and the City's Ordinance Emission Source Ozone Em- issions per AA Emissions per year year(kg) (kg) San Mateo County Ordinance (6,884) (205,220) City of Cupertino Ordinance (390) (11,632) ()denotes decrease in emissions compared to existing- conditions Source:San Mateo County Draft Program EIR,June 2012, Table 4.1-5 and Appendix B 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 1.57 truck trips per day in the Study Area. Using the County's methodology to determine truck trips,the City of Cupertino's contribution to this increase would be approximately 0.09 truck trips per day.2 As shown in Table 3,similar to the County's Ordinance, the increase of truck trips in the City would not result in an exceedance of any thresholds of significance set by the BAAQMD. Consistent with the County's Ordinance,impacts related to mobile emissions from the City's proposed Ordinance would be less than significant. Table 3 Estimated Daily Emissions From Increased Truck Trips Emissions(Ibs/day) Emission Source — ROG NO PM2.5 PM10 San Mateo County Ordinance 0.32 0.23 0.03 0.01 City of Cupertino Ordinance <0.01 0.01 <0.01 <0.01 BAAQMD Threshold 54 54 82 54 Significant Impact? No No No No County Ordinance Significant No No No No Impact? Source:San Mateo County Draft Program EIR,August 2012,table 4.1-6;and, URBEMIS output (see Appendix A). 2 Existing bag use in Cupertino estimated to be 31,340,682 plastic bags per year.Assuming that 30%of existing plastic bag use would switch to paper(9,402,205 paper bags), 65%would switch to reusable bags(391,759 reusable bags assuming 52 uses a year)and 5%would remain (1,567,034 plastic bags)to account for exempt retailers. Assuming 2,080,000 plastic bags per truck load, 217,665 paper bags per truck load, and 108,862 reusable bags per truck load. 5 City of Cupertino r Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum 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 and an increase in the use and disposal of recycled paper and reusable bags. As such,the City's ordinance would incrementally reduce the amount of single-use plastic bag litter that could enter the marine environment and affect sensitive species. The City's Ordinance would also be anticipated to increase consumer use of recycled paper and 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,because they can be reused multiple times and are heavier than plastic carryout bags, the number of reusable bags that would likely end up as litter which could impact biological resources would be lower than the number of plastic or paper carryout bags. In addition,because paper bags are not as resistant to biodegradation,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 result in beneficial effects on sensitive wildlife species and sensitive habitats. 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 this analysis,the City's proposed Ordinance is evaluated based on the project-level threshold of 4.6 metric tons CO2E per service population per year (BAAQMD,June 2010). Based on existing population and employment data provided by the California Department of Finance (2012), the existing population in Cupertino is approximately 59,022. Manufacturing, Transportation, and Disposal As discussed in the County's Final EIR, the manufacture, transport, and disposal of a single-use paper bag generates 3.3 times more GHG emissions than the manufacture,transport, and disposal of a single-use plastic bags. If only used once, the manufacture,use, and disposal of a reusable carryout bag results in 2.6 times the GHG emissions of a single-use plastic bag. However, reusable carryout bags are intended to be used multiple times. With reuse of carryout bags, the total carryout bags that would be manufactured, transported and disposed of would be reduced. The County's Ordinance would be expected to contribute indirectly to an overall increase of approximately 6,418 metric tons of CO2E emissions per year, or 0.006 metric tons CO2E per person, as shown in Table 4. Thus, the County's Final EIR determined that the County's Ordinance would not exceed BAAQMD thresholds and therefore impacts related to the manufacturing of paper bags would be less than significant. Similarly, for the City's proposed Ordinance, the conversion of plastic to paper and reusable bags would increase GHG emissions in the City by approximately 364 metric tons per year or 0.006 metric tons per person as shown in Table 4. As such,consistent with the findings of the County's Final EIR, the City's proposed Ordinance would have a less than significant impact related to GHG emissions. r City of Cupertino 6 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum Table 4 Estimated GHG Emissions Emission Source CO2e Emissions Metric Tons per Year (metric tons/year)' per Capita San Mateo County 6,418 0.006 Ordinance City of Cupertino Ordinance 364 0.006 Represents a net change in GHG emissions compared to existing plastic bag use Source:San Mateo County Draft Program EIR,August 2012 Consistency with Applicable GHG Plans and Policies Consistent with the County Ordinance, the City's Ordinance would be consistent with the CAT strategies and measures suggested in the Attorney General's Greenhouse Gas Reduction Report as discussed in tables 4.3-3 and 4.3-4 of the County's EIR. Therefore, the proposed Ordinance would be consistent with the objectives of AB 32,SB 97,and SB 375. Impacts would be less than significant. 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 and surface water quality 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. Single-use plastic bags that become litter may enter storm drains from surface water runo:Ef or may be blown directly into local waterways by the wind. By banning plastic carryout bags within the City,the Ordinance would improve the existing drainage capacity by removing a significant source of trash that can clog features of the system and reduce its capacity. 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, the manufacturing processes for single-use plastic, single- use paper, and reusable bags utilize various chemicals and materials. The City's ordinance would reduce plastic bag use by 95% and increase the use of recycled paper and reusable bags. With implementation of the City's ordinance, approximately 11 million single-use bags (including single-use paper, single-use plastic,and reusable bags) would be manufactured for use in the City—a decrease of 64% compared to existing conditions. Consequently, the City's proposed Ordinance would reduce the overall impacts to water quality associated with bag manufacturing. Furthermore, manufacturing facilities would be required to adhere to existing City of Cupertino r Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum federal, state and local regulations. Therefore,impacts to water quality related to the potential change of processing activities as a result of the City's Ordinance would not be significant, which is consistent with the County's Final EIR. 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 collection and treatment,water supply,and solid waste for the City's proposed Ordinance compared to the findings contained in the County's Final EIR. 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. Manufacturing facilities of carryout bags are not known to be located within San Mateo or Santa Clara Counties. Therefore, manufacturing facilities would not utilize the water supplies of either County or of the City of Cupertino. In addition to water use from manufacturing carryout bags, the proposed Ordinance may result in increased water use as reusable bags would be washed. The County's Final EIR determined that the water demand from washing reusable bags would increase by 395.19 acre-feet per year (AFY). The City's contribution to this countywide increase would be 44.2 AFY as a result of the City's proposed Ordinance. Total water use in Santa Clara County is estimated to be 332,900 AFY in calendar year 2010. The increase of water demand would represent approximately 0.013% of the total water supplied to the County. This increase would not have significant impacts. As noted above, there is no known manufacturing and production of paper carryout bags in the Study Area (or in the City of Cupertino). Therefore, any increase in water supply necessary for 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. Consistent with the Final EIR, impacts would be less than significant. Wastewater Generation As noted in the County's Final EIR, no manufacturing facilities for paper carryout bags appear to be located within the Study Area. Therefore, any increase in wastewater generation due to paper carryout bag manufacturing would not affect wastewater treatment providers in the Study Area. Nevertheless,in the County's Final EIR, assuming that 100% of the water used to wash reusable bags would become wastewater, there was an expected increase in wastewater of approximately 395 AFY per year (128,774,812 gallons) or approximately 352,808 gallons per day. The San Jose/Santa Clara Water Pollution Control Plant,which serves Cupertino,has a remaining capacity of 47 million gallons per day (MGD) and therefore has capacity to treat the increase in wastewater from the City's ordinance. 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. City of Cupertino 8 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum Solid Waste As described in the County's Final EIR,based on the Ecobilan LCA data,the County's Ordinance would reduce solid waste by 2,180 tons per day. Also, as shown in Table 5, the City's proposed Ordinance would also result in a reduction of approximately 123 tons of solid waste per year. However, as shown in Table 5,using the Boustead data, the County's Final EIR determined that the ordinance would result in an increase of approximately 255 tons of solid waste per year. Of this total countywide,approximately 86 tons of solid waste per year,or 0.24 tons per day,would be directly related to implementation of the City's proposed Ordinance. As stated in the County's Final EIR, the permitted daily maximum throughput of the Newby Island Landfill,which serves the City of Cupertino,is 4,000 tons per day. For the City's proposed Ordinance,using the worst case scenario (the Boustead data) the potential increase of 0.24 tons of solid waste per day would represent approximately 0.00006% of the daily capacity of the landfill. Thus, the existing waste disposal facilities 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. Table 5 Solid Waste Generation Due to Plastic and Paper Carryout Bags Solid Waste Generation Solid Waste Sources _ (tons per year) Ecobilan Boustead San Mateo County Ordinance (2,180) 1,524 City of Cupertino Ordinance (123) 86 Sources:Ecobilan. February 2004;Boustead Consulting and Associates Ltd. 2007. ()denotes reduction in solid waste compared to existing conditions Assumes a 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. Conclusion As discussed above, impacts from the City's proposed Ordinance related to air quality, biological resources, greenhouse gases,hydrology and water quality, and utilities and service systems were determined to have similar impacts as San Mateo County's Final EIR. All of these issues were determined to result in either less than significant impacts or beneficial impacts. Based on the City's determination that none of the impacts of the proposed Ordinance would be significant,no new significant environmental effects beyond those already analyzed in San Mateo County's Final EIR would occur. City of Cupertino r Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum LIST OF REFERENCES Bay Area Air Quality Management District.June 2010, Updated May 2011. CEQA Air Quality Guidelines. Retrieved From: http://www.baaqmd.gov/—/media/Files/Planning%20and%20Research/CEQA/BAAQM D%2OCEQA%20Guidelines_December%202010.ashx Bay Area Air Quality Management District. Adopted September 2010. Bay Area 2010 Clean Air Plan. Bay Area Air Quality Management District Homepage: CEQA Guidelines. Accessed May 2012. Available at:http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA- GUIDELINES/Updated-CEQA-Guidelines.aspx 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 the Progressive Bag Alliance. California Department of Finance. May 2012. "E-5 Population and Housing Estimates for Cities, Counties,and the State,2010-2012, with 2010 Benchmark." City of Huntington Beach. February 2012.Single-Use Carryout Bag Ordinance. Draft Environmental Impact Report,SCH #2011111053. City of San Jose. May 2011. Environmental Services. San Jose/Santa Clara Water Pollution Control Plant. Last Updated May 24, 2011. Retrieved From: http://www.sanjoseca.gov/esd/wastewater/water-pollution-control-plant.asp. City of San Jose. Single-Use Carryout Bag Ordinance. Final Environmental Impact Report. SCH #2009102095. October 2010. City of Santa Monica.January 2011. Santa Monica Single-use Carryout Bag Ordinance. Final Environmental Impact Report(SCH# 2010041004). City of Sunnyvale. December 2011. Sunnyvale Single-Use Carryout Bag Ordinance. Final Environmental Impact Report (SCH#2011062032). County of Los Angeles. 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. County of San Mateo. Reusable Bag Ordinance (formerly Single Use Bag Ban Ordinance) Final Program EIR. Adopted October 2012 (SCH#2012042013). County of San Mateo.Single Use Bag Ban Ordinance Draft Program EIR. June 2012 (SCH#2012042013). City of Cupertino 10 Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum County of Santa Clara.October 2010. Initial Study for Single-use Carryout Bag. Ecobilan. 2004. Environmental impact assessment of C'arrefour bags. Report prepared for Carrefour by Ecobilan. February 2004. Herrera et al. 2008. "Alternatives to Disposable Shopping Bags and Food Service Items. Volume I and II. Prepared for Seattle Public Utilities.January 2008. Herrera Environmental Consultants.June 2010. City of San Jose Single-Use Carryout Bag Fee Fiscal Analysis-Final Report. Santa Clara Valley Water District(SCVWD). 2010. Urban Water Management Plan 2010. Retrieved From: http://www.valleywater.org/ServicesLUWMP2010.aspx. URBEMIS Model,Version 9.2.2. 2007. United States Department of Energy. Energy Information Administration.Annual Energy Review from the U.S. Government. August 2010. http://www.eia.gov/aer/envir.html. United States Environmental Protection Agency (U.S. EPA). Climate Change Technology Program (CCTP). December 2007.http://www.epa.gov/climatechange/policy/cctp.html. U.S. EPA. Inventory of U.S. Greenhouse Gas Emissions and Sinks:1990-2009. USEPA #430-R-11-005. April 2011.http://www.epa.gov/climatechange/emissions/usinventoryreport.html. U.S. EPA. 2005. Characterization of Municipal Solid Waste. Table 7. As reported in County of Los Angeles, 2007. REPORT PREPARERS Rincon Consultants,Inc. Joe Power, AICP, Principal Matt Maddox, MESM,Senior Program Manager Karly Kaufman,Environmental Planner Katie Stanulis, Production Coordinator City of Cupertino r � � Single-Use Carryout Bag Ordinance Environmental Impact Report Addendum This page intentionally left blank r City of Cupertino 12 Page: 1 1/21/2013 2:03:17 PM Urbemis 2007 Version 9.2.4 Summary Report for Summer Emissions (Pounds/Day) =ile Name: C:\Users\mmaddox\AppData\Roaming\Urbemis\Version9a\Projects\Cupertino Ordinance.urb924 Project Name: San Mateo County Bag Ban Ordinance EIR-City of Cupertino Project Location: Bay Area Air District Jn-Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Jff-Road Vehicle Emissions Based on: OFFROAD2007 DPERATIONAL(VEHICLE) EMISSION ESTIMATES ROG NOx CO SO2 PM10 PM2.5 CO2 TOTALS (lbs/day, unmitigated) 0.00 0.01 0.00 0.00 0.00 0.00 2.68 SUM OF AREA SOURCE AND OPERATIONAL EMISSION ESTIMATES ROG NOx CO SO2 PM10 PM2.5 CO2 TOTALS (lbs/day, unmitigated) 0.00 0.01 0.00 0.00 0.00 0.00 2.68 Page: 1 1/21/2013 2:03:41 PM Urbemis 2007 Version 9.2.4 Detail Report for Summer Operational Unmitigated Emissions (Pounds/Day) File Name: C:\Users\mmaddox\AppData\Roaming\Urbemis\Version9a\Projects\Cupertino Ordinance.urb924 Project Name: San Mateo County Bag Ban Ordinance EIR-City of Cupertino Project Location: Bay Area Air District On-Road Vehicle Emissions Based on: Version : Emfac2007 V2.3 Nov 1 2006 Off-Road Vehicle Emissions Based on: OFFROAD2007 OPERATIONAL EMISSION ESTIMATES(Summer Pounds Per Day, Unmitigated) Source ROG NOX CO SO2 PM10 PM25 Cupertino Bag Ban Ordinance 0.00 0.01 0.00 0.00 0.00 0.00 TOTALS(lbs/day, unmitigated) 0.00 0.01 0.00 0.00 0.00 0.00 Does not include correction for passby trips Does not include double counting adjustment for internal trips Analysis Year:2013 Temperature(F): 85 Season:Summer Emfac:Version : Emfac2007 V2.3 Nov 1 2006 Summary of Land Uses Land Use Type Acreage Trip Rate Unit Type No. Units Total Trips Total VMT Cupertino Bag Ban Ordinance 0.09 1000 sq ft 1.00 0.09 0.67 0.09 0.67 Vehicle; Fleet Mix Vehicle Type Percent Type Non-Catalyst Catalyst Dies Light Auto 0.0 0.6 99.2 0 Light Truck<3750 lbs 0.0 0.8 96.9 2 Page: 2 1/21/2013 2:03:41 PM Vehicle Fleet Mix Vehicle Type Percent Type Non-Catalyst Catalyst Dies Light Truck 3751-5750 lbs 0.0 0.5 99.5 0 Med Truck 5751-8500 lbs 0.0 0.0 100.0 0 Lite-Heavy Truck 8501-10,000 lbs 0.0 0.0 77.8 22 Lite-Heavy Truck 10,001-14,000 lbs 0.0 0.0 50.0 50 Med-Heavy Truck 14,001-33,000 lbs 0.0 0.0 20.0 80 Heavy-Heavy Truck 33,001-60,000 lbs 100.0 0.0 0.0 100 Other Bus 0.0 0.0 0.0 100 Urban Bus 0.0 0.0 0.0 100 Motorcycle 0.0 56.2 43.8 0 School Bus 0.0 0.0 0.0 100 Motor Home 0.0 0.0 83.3 16 Travel Conditions Residential Commercial Home-Work Home-Shop Home-Other Commute Non-Work Custorr Urban Trip Length(miles) 10.8 7.3 7.5 9.5 7.4 , Rural Trip Length(miles) 16.8 7.1 7.9 14.7 6.6 t Trip speeds(mph) 35.0 35.0 35.0 35.0 35.0 3E %of Trips- Residential 32.9 18.0 49.1 of Trips-Commercial(by land use) Cupertino Bag Ban Ordinance 2.0 1.0 9� 0,\■ Ijh Council Agenda March 5,2013 Item 10 CUPERTINO Plastic Bag Ordinance Oral Staff Report Re]iated to Proposal to cap the fee for recycled paper bags at $0.10, to eliminate the record keeping requirement and to allow for free reusable bags. 1. In summary, adopting a fee for recycled paper bags that escalates to 25 cents in 2015 is better for the environment than just adopting the flat 10 cent fee. However, the effects on the environment of only adopting the flat 10 cent fee are not a significant environmental impact. 2. The environmental effects of adopting a fee fixed at 10 cents exceed those of adopting a 10 cent fee followed by an increase to a 25 cent fee. However the increased use of recyclable paper bags does not create any significant impacts upon the environment. Thus no significant environmental effects are avoided by failing to adopt the 25 cent fee effective in 2015. 3. The City's litter reduction objectives are still met by adopting the flat 10 cent fee. 4. The City's ordinance will result in additional emissions from increased delivery truck usage due to increased use of paper bags; however the increase is less than the thresholds of significance set out by the BAAQMD (Bay Area Air Quality Management District). 5. The City's ordinance will result in additional GHG (greenhouse gas emissions); however the increase is well below the BAAQMD threshold and that environmental impact is less than significant. 6. The City's ordinance will result in increased solid waste generation, but that environmental impact is less than significant. 7. The comment letter sent by the Save the Plastic Bag Coalition appears to indicate that they have misunderstood the Addendum and the analysis performed in the County's EIR. The bag use estimates as shown in Table 4.1-4 of the County draft 1 EIR, that would occur as a result of a bag ordinance (and thus all of the impact analysis performed) in the County's EIR are based on a $0.10 fee on recyclable paper bags. Alternative 3 (Mandatory Charge of$0.25 for Paper Bags) was included in the County's EIR to demonstrate the environmental impacts associated with a $0.25 fee on paper bags if and/or when the jurisdictions in the study area considered such a fee. The impact analysis in Sections 4.1 through 5.0 in the County's Draft EIR were based on a $0.10 fee and did not result in any significant impacts (all impacts were either less than significant or beneficial). Therefore, if Cupertino kept the cost at$0.10, the impacts would be similar to those studied in the County's EIR (as discussed in the Addendum) and would not result in impacts greater than those studied in the County's EIR. 8. Staff and the Environmental consultant would like to make one correction to the Addendum, which is included as a separate handout on the dais, changing the description of "recyclable bag" to "reusable bag" on page 3. Plastic Bag Ordinance Talking Points Revised(2)3-5-13 2 I Council Agenda March 5,2013 �' rr Item 10 CUPERTINO Administrative correction to Addendum to County of San Mateo Reusable Bag Ordinance Final Program EIR Page 3, the paragraph is modified as follows: "Further, it should be noted that the bag use assumptions used in the environmental analysis contained in the County's Final Program EIR were not based on a fee for recyclable reusable bags or whether retailers kept records of the purchase and sale of recycled paper or recyclable reusable bags for three years. Thus, under the City's proposed Ordinance which would not require a fee for recyclable reusable bags or the provision that requires retailers keep records of the purchase and sale of recycled paper or reusable bags, the bag use assumptions would be the same as in the County's Final Program EIR."