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considered by the task force, like fees for paper bags, were not adopted.] Palo Alto adopted a mitigated <br /> negative declaration (MND) in support of its ban on single use plastic bags by supermarkets. <br /> Palo Alto's ordinance was subsequently challenged by manufacturing and grocery store groups, <br /> which argued that the MND did not sufficiently consider the significant environmental effects. Palo Alto <br /> settled the lawsuit, and as part of the settlement agreement, Palo Alto agreed to carry-out CEQA analysis <br /> if any other such regulations were considered by the city. <br /> Palo Alto since prepared an EIR, and that city's ban on plastic bags went into effect in Sept. <br /> 2009. <br /> San Jose. An EIR was prepared by San Jose in 2009, and that city is still having community <br /> meetings to discuss a possible ban on plastic bags. San Jose's regulation would apply to all retailers but <br /> exclude restaurants; exempt non profit and social service organizations; exempt the use of "green" paper <br /> bags, containing at least 40% recycled content and work with retail industry on whether a 10 or 25 cent <br /> fee for retailers to cover additional costs of "green" paper bags is appropriate; be effective no earlier than <br /> December 31, 2010; and exempt bulk or off the shelf purchases of plastic or paper bags. <br /> Berkeley. This city is planning to prepare an EIR to evaluate a proposed ban on plastic bags. <br /> Manhattan Beach. That city's ban on plastic bags was also challenged by manufacturing <br /> groups for failure to prepare an EIR. The trial court and court of appeals ruled in favor of the <br /> manufacturing groups, finding that they raised a "fair argument" that the ban would create <br /> environmental effects from the result of mandating paper bags, such as greater greenhouse gas <br /> emissions. Of note is that the California Supreme Court recently has agreed to hear this case, which will <br /> establish a definitive ruling about whether plastic bag bans need an EIR. <br /> Alameda County Waste Management Authority. The Authority's 2008A /ameda County Waste <br /> Characterization Studydetermined that 9.9% of waste disposed of in the County is plastics, and plastic <br /> bags represent about 0.13% of the total waste stream. <br /> In April of this year, Authority staff recommended to the Recycling Board's Programs Planning <br /> Committee that consideration of a County-wide ban on single use plastic bags be scheduled for the end <br /> of 2011, prior to mandatory statewide commercial recycling going into effect in July 2012. Authority staff <br /> specifically noted an interest in waiting to see how the plastic bag ban approaches in San Jose and <br /> southern California are resolved. <br /> Green Cities California's Report on Single -Use and Reusable Bags. As cities were challenged for <br /> failure to prepare an EIR for the adoption of bans on plastic bags, Green Cities California retained ICF <br /> International of San Francisco to prepare a compilation of existing research regarding the matter that <br /> could then be used by local communities considering such a ban. Green Cities California's Master <br /> Environmental Assessment on Single-Use and Reusab /e Sags (MEA) was released this March. <br /> The MEA discusses that "Nearly 20 billion single -use high density polyethylene (HDPE) plastic <br /> grocery bags are used annually in California, and most end up in landfills or as litter with plastic bags <br /> having the greatest impact on litter. Next, single use paper bags have "significantly larger greenhouse <br /> gas (GHG) emissions and results in greater atmospheric acidification, water consumption, and ozone <br /> production that plastic bags." Then, single -use biodegradable bags "have greater impact at <br /> manufacturing, resulting in more GHG emissions and water consumption than conventional plastic bags <br /> with questionable biodegrading success. And last, reusable plastic or cloth bags "have significantly lower <br /> environmental impacts, on a per use basis" assuming that they are used several times. The MEA <br /> 3 Green Cities California's Master Environmental Assessment on Single -Use and Reusable Bags, pg. 15. <br /> Page 4 of 9 <br />