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Attachment 1: THE CITY OF COMMITTEE ON ENERGY AND THE ENVIRONMENT pL£ASANTONC AGENDA REPORT May 26, 2010 Information about the Scope of City Authority regarding Plastic Bags and Foam Food Containers, including Possible Bans SUMMARY Plastic bag recycling requirements are generally regulated by State law. Cities may not impose a fee on the use of plastic bags. Cities which have adopted bans on plastic bags provided at the point of sale check -out have been subject to lawsuits, which have resulted in those cities either abandoning their bans, or being required to prepare an Environmental Impact Report (EIR) to analyze potential significant environmental effects of the prohibition (arising from information about greater greenhouse gas emissions resulting from the requirement for paper bags in lieu of plastic bags). Consideration of a ban on plastic bags would require City resources to fund necessary environmental analysis, likely an EIR. If adopted, such a ban could have cost impacts on retailers, as well as require staff resources to enforce such a regulation. With regard to foam food containers, many cities have adopted prohibitions on such containers. Such bans have not been the subject of legal challenge. Adoption of a ban on foam food containers would likely have cost impacts on food establishments, and again, City staff resources to enforce any such prohibition. RECOMMENDATION If there is sufficient consensus by the Committee regarding a ban or other approach for plastic bags and /or foam food containers, make a recommendation to the City Council for consideration of a ban or other approach. The Council could then consider the Committee's recommendation during its Council Priority Setting, which could result in the Council referring the matter back to this Committee; at which time additional staff resources would then be available to provide research and a range of policy alternatives.