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AB 2449 also includes a specific prohibition on the ability of cities and other local entities to <br /> impose a fee for each plastic bag used. <br /> Bans on Plastic Baas Adopted in Other Cities. While the State has created comprehensive plastic <br /> bag recycling regulations, some cities also have adopted outright bans on plastic bags based on similar <br /> environmental concerns. <br /> San Francisco. In 2007, the San Francisco adopted a plastic bag reduction ordinance which <br /> bans single use plastic bags at the point -of -sale checkout at "full -line, self- service supermarkets with <br /> gross annual sales of two millions dollars [or more] as well as "retail pharmacy with at least five <br /> locations under the same ownership [in the city] The stores subject to the ban have to instead provide <br /> recyclable paper bags, compostable plastic bags, or reusable bags. <br /> This San Francisco ordinance was supported by specific findings about the impact on the <br /> environment of single use plastic bags, including costs to clean such plastic bag garbage from city <br /> streets, that plastic bags cause mechanical problems at city garbage processing facilities, and that <br /> compostable bags will help the city achieve a higher recycling diversion from landfills. <br /> The San Francisco ordinance was adopted without analysis pursuant to the California <br /> Environmental Quality Act (CEQA), and was not challenged. It is currently being implemented. <br /> Oakland. In 2007, Oakland adopted a ordinance banning non compostable single use plastic <br /> bags at the point -of -sale of any "retail establishment, excluding restaurants with gross annual sales of <br /> one million dollars [or more]." Allowed alternatives were reusable bags, recyclable paper bags and <br /> compostable plastic bags. Oakland relied on a CEQA exemption that the regulation would have no <br /> significant effect on the environment [or it would actually improve the environment] when adopting its <br /> ordinance. <br /> Oakland's ordinance was challenged by groups in favor of plastic bags, particularly manufacturing <br /> and grocery store groups. The lawsuit was based on Oakland's failure to carry out CEQA analysis in the <br /> form of an Environmental Impact Report (EIR), arguing that a ban on single use plastic bags will result in <br /> greater use of single use paper bags, and consequently more trees will be cut, more greenhouse gases <br /> released due to paper mill processing, bulkier transportation of paper bags, more space taken in landfills, <br /> no data showing that compostable plastic bags will actually be used by customers to compost, or that <br /> compost piles will get hot enough to break -down compostable plastic bags. It was argued that these <br /> were significant environmental effects that Oakland failed to evaluate. <br /> The Alameda County Superior Court ruled against Oakland in April 2008, finding that the <br /> challengers did raise legitimate issues under CEQA, and that Oakland improperly relied on the CEQA <br /> exemption of no environmental effect. Because of the lawsuit, Oakland never implemented its ordinance, <br /> and since the Courts decision requiring CEQA, Oakland has not further proceeded on this matter. <br /> Palo Alto. In 2008, Palo Alto convened a Reusable Bag Task Force comprised of city staff, and <br /> representatives of grocery stores, manufacturers, community members and the chamber of commerce. <br /> The group looked at single use plastic checkout bag restrictions, fees on paper checkout bags, <br /> restrictions on single use newspaper bags, reusable bag promotion programs, and city policies on <br /> plastics. Supermarket and pharmacy groups advocated that all single use plastic bags be considered, not <br /> just those used at their stores; and that restrictions should apply to all retail stores simultaneously. <br /> In March 2009, Palo Alto adopted an ordinance to ban single use plastic bags at checkout at only <br /> supermarkets (defined as full -line self service grocery stores with gross annual sales of $2M or more). <br /> Supermarkets were required to provide reusable bags or recyclable paper bags. [The other issues <br /> Page 3 of 9 <br />