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tv   [untitled]    November 19, 2011 6:30am-7:00am PST

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plastic bag band for a number of reasons. one we are catching up with other cities and countries. but we also have an opportunity to continue to lead the way. dd first by charging for reusable bags given the problem of them given for free and used as disposeables. second is this ordinance has a stronger standard for paper. and then finally allowing the option for certified composeable bags that can be a very big benefits to our food and compost collection here in san francisco. n in sum it will allow us to lead the way and retain our leadership in fighting plastic
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bag pollution reducing resource use and pursuing it in san francisco. thank you very much for your consideration. supervisor avalos: thank you very much. any other parts of your presentation? >> jack macy is also here. supervisor avalos: and you have an amendment as a whole that you gave to us? >> correct. supervisor avalos: if you want to explain to me the amendment as a whole? >> the amendment of the whole is to do what i described before, the clarification and phrase changes that i describe to you. supervisor avalos: nonsubstancive? >> that's my understanding, yes. supervisor avalos: let's open this up for a public comment. i have a number of cards to read. if you want to come up as you
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hear your name called. lauren winer, paul, robin shebloss i can. emily utter, eli saddler and beth terry. please come up as your name is called, thank you. >> good morning. i'm lauren winer, this is -- closer? sorry. good morning. my name is lauren weiner, this is jackson my 6 month old son and i'm here in favor of expanding the ordinance. i just want to go on record as myself as an environmentalist and beach lover. we pick lots of bags off the beach every single time we're down here. if not for us and our generation, for the children. they have no voice yet and important to give them one here. thank you. supervisor avalos: thank you very much. next speaker, please.
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>> good morning supervisors. on behalf of companies, sunset and golden gate recycling. we are here today to support the plastic bag ordinance. we worked with supervisor's office during the creation of this ordinance, back a few years ago and we're glad to support it this time. and we're glad to support also this amendment. plastic bags continue to be a source of frustration in the recycling program. they get wrapped around the recycling machinery, in between shifts they have to actually climb into the ma veinry with knives and cut the bags out from around the machinery. bags that get through the system and by the sorters end up in bails of paper and lower the value of the paper, which is important to keep costs of the program down also. so, we were proud of san francisco to take the lead on this ordinance back when it was introduced. and we're glad again to be able
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to support it now. thank you. supervisor avalos: thank you very much. next speaker please? >> hi, good morning. i'm here a 10 year resident of san francisco. i also work in the city and i am in favor of expanding this ordinance. i just wanted to bring to your attention that plastic bags are not free. somebody is paying for them and whether it's monetary or the environment i think that we're paying pretty dearly for the irresponsible use of plastic bags. i think giving bags out for free by businesses is an irresponsible business practice and i think that as consumers we're also practicing irresponsible consumption, so by expanding the ordinance and actually making people accountable and internalize the cost of these bags, whether it's fiscal or environmental i think is a very smart thing for the city to do and i would like to see this pass, thank you. supervisor avalos: thank you
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very much. >> good morning supervisors, my maim is emily utter and i'm a consultant here in san francisco. i'm also speaking on behalf of my clients and people i work with. i'm speaking on behalf of bag et. also speaking on the ash bury neighborhood council and our friends at the chico bag company should this legislation pass, and actually even if it doesn't have offered to donate thousands of bags to a local food bank in san francisco. so we're trying to make that happen. if you know that a food bank would be willing to accept the donation, please let me know. we have reached out. to my comments, we have a great opportunity today. san francisco's plastic bag band as we know have inspired cities not just here in california but across the country. arguably around the world. even though we weren't the first it really set off a domino effect throughout the country. and we know that san francisco has increased their use of
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reusable bags. however as has been noted we could do a lot better. we could reach 80 to 90% reduction. we've seen this work around the world. we've seen this work in washington, d.c. we know that americans are willing to take on a reusable bag habit. we would like to see this happening. this proposal is reasonable, it's practical and it will be effective. so i really urge you to move this forward and i thank you for your support. supervisor avalos: thank you very much. next speaker please? also call a few more cards. tim james. allison chan, steven joseph, mark berman, christopher chen, linda, jim nazareth. >> good morning supervisors, i'm here to support this expansion of the bag bill ban. i really appreciate it, i'm a san francisco voter, i live in district 7. i'm a father, i'm a surfer, i also have a small non-profit
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org, but i go out to the beaches pretty frequently and we're out there all the time cleaning the beachers. as a san francisco voter i'm tired of seeing plastic bags out on the beaches, in the streets, in my neighborhood. it's just so unnecessary. san francisco took a step in the right direction and we're really proud of that as a family to live in a city where we're doing that. but we would like to see further expansion of this so that there are few irbags that we have to deal with. and as a marine scientist as well i'm deeply concerned about the impacts on the oceans. i really like to see my city take the lead and catch up with the other cities and keep moving forward. let's do more for our oceans. this is an ocean city. our economy depends on it. there is no such thing as a free bag. we all pay in one way or another. and i'd like to see this change. thank you very much. supervisor avalos: thank you very much. also appreciate your work on cleaning up the beach as well, thank you. next speaker please? >> hi, supervisors my name is
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beth terry. i write the blog my plastic free and have been working for the past five years to reduce my own plastic consumption and waste and inspire other people in the bay area and throughout the world to do the same. we bring our own shopping bags when we go shopping, these individual personal actions are not enough to stem the tide of plastic pollution. because the problem is just too big. i actually have some pictures to show you. can i use this? supervisor avalos: go ahead and place it on the overhead. face up. that's right. >> yesterday afternoon i came into the city for the green festival at the concourse exhibition center.
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i exited the station and i walked the six blocks down 8th street to bran none to the green festival. and on every single block i saw plastic bag litter. i counted 13 plastic bags just in that short walk from market down there. so as you can see there were plastic bags on the sidewalk. there were plastic bags in the street.
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there were plastic bags under cars. there were plastic bags in door ways. and in bushes. and worst of all there was a plastic bag clogging a storm drain. which leads directly to the bay. i didn't touch or arrange any of these before i took the photo es. i want to commend the city for banning plastic bags from large retail establishments and submit these tos to you as evidence
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that we have to go further. there is still too much plastic bag litter in san francisco. so please vote to amend the environment code from all retail establishments and food blitches. supervisor avalos: thank you very much. next speaker please? steven colonel and michelle welch. >> thank you very much. tim james, california groceries representing a chain and independent stores 80% of our membership is actually independent grocery stores. speaking today, in regards to the ordinance that given the changes that are being made to the ordinance not only today but overall, we feel as an industry that we're actually comfortable implementing such an ordinance. we're one of the few sfris that was included in the 2007 ordinance and while that was ground breaking in many ways and
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did create a tremendous amount of environmental gain there were some unintended consequences of that for us as retailers. consumers not moving towards to create that environmental gain but continuing to choose free paper bags. so, not only did that cause an environmental concern, but a tremendous additional cost for groceries. so with that we appreciate the ordinance in front of you today. we are currently as an industry tracking about a hundred ordinances of this type being discussed throughout california. about 50 or so local jurisdictions are actually in a form process to move forward with that. and you will be bringing yourself very much in line with what i think is the cutting edge on this policy to encourage the reusable bag use. we appreciate your help with this ordinance. thank you. supervisor avalos: thank you very much. appreciate your support. next speaker, please?
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>> good morning supervisors. my family are the majority owners of industries based in northeastern california. we produce reusable plastic bags primarily for stores across california, including here in san francisco. i'm here in support of the ordinance. we believe that all single use bags are bad for the environment whether plastic or paper. however, i was disappointed to see that the language regarding mandatory use of recycled content and p.c.r. has been removed from the most recent version of the ordinance. we also have some questions and concerns regarding the new language in section j-5. what exactly does this new clause mean? is the department going to offer a timeline. is there any research? what do they need to find out and why did this lead to the p.c.r. language being stricken? lastly, i want to encourning the ball to set comprehensive standards that will allow all stake holders that the rules will not change from month to month. it is remarkably different for
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both the manufacturers and the retailers when standards are frequently changed. one day a certain type of bag is ok, next day it isn't. with this ordinance the board has gone a long way to provide structure, though the latest changes regarding section j 5 have added a large element of uncertainty. thank you for your thorough work on the ordinance. >> hello my name is allison chan. i'm here today representing thousands of our members and supporters here in san francisco. as well as myself, i'm a san francisco resident. i'm here today to express save the bay support for the proposed amendment and respectfully urge you to do the same. since san francisco paved the way for single use bag policies all over california and around the country, we've learned a great deal about crafting ordinances that have the greatest environmental benefit and are most effective at
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encouraging widespread use of reusable bags. the amendments before you today are the culminations of the lessons learned from single use baghbans since 2007. san francisco's water ways in the bay do not distinguish between bags from large stores versus those from smaller stores or restaurants. as long as plastic bags are being distributed they will continue littering our community and our creeks. covering all retail establishments and restaurant places san francisco businesses on a level playing field. and addresses concerns about competitive disadvantages within the city. and customers will benefit from a policy applied to all businesses that they frequent encouraging them to make a habit of bringing their own bags where ever they go. the board of supervisors can once again demonstrate your strong vice presidentialal leadership by strengthening this ground breaking policy. so thank you once again for addressing this important bay issue, and i urge your support for these amendments today.
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thank you. supervisor avalos: thank you very much, next speaker please. >> good morning supervisors. for the record my name is linda, i'm here on behalf of the union square business improvement district. the retail heart of the city. we're here to let you know we thank this legislation is laudable, eliminating plastic and single use bags from the waste stream to protect the environment is a good goal. we support the charging for the check out bags as long as the money stays in the hands of the retailers. i was here however to propose some amendments. one which i understand has been taken care of in the amendments before you today. i was going to suggest that this favorite blue bag that gives rise to a great gift wouldn't look great a one-inch reusable language on it. so, glad to know that's out of the legislation.
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also wanted to propose that there might be an exception at the check out level for bulky items, such as bedding and garment bags. and finally would reckmeand that the effective date to begin would be january 2013 giving retailers the chance to use their existing inventory, re-design check out bags if they need to and find new suppliers the needed. thank you very much. >> good morning supervisors. i want to thank the office and the department of environment for reaching out to the business community. we spent a number of hours earlier last week meeting on the original draft. the amendment of the whole before you i think as a product is a lot of those discussions and further discussions during the week. and we're pleased to support the legislation.
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supervisor avalos: thank you very much. next speaker please. >> steven cornell. i own a retail store. we also support this. we do have a couple of small concerns. one, on many small merchants it's hard to program or they can't program their machines so that the they'll have a separate line charge. is there a way they can put a sticker that they put onto the receipt things? we're also concerned about the exception of certain industries. newspaper, why they get away with it and we don't? the idea is well if they're going to get wet, never had them when i was a kid, we also got our newspapers. so thank you for doing this and we look forward to doing it. thank you.
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supervisor avalos: thank you very much. next speaker please. >> good morning, i'm legal council for the save the plastic bag coalition. as you can guess by our name we are opposed to the ordinance. the ordinance is unlawful! therefore we are issuing our legal objections and asked they be submitted into the record. can i give them to the three of you? the california supreme court in save the plastic bag coalition versus city of manhattan beach ruled that large cities and counties such as san francisco that decide to ban plastic bags must, must first comply with
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this. the city today has taken an alternative decision in defiance of the supreme court's judgment. the city is saying that a categorical exception applies in this case. let me tell you what a categorical exception is according to the state of california and the law. they are descriptions of types of projects. types of projects. for which the california legislator has provided a blanket exception for procedures and policies. this year against the city of manhattan beach, the court said that citizen counties larger than manhattan beach and this city most certainly is, must do comprehensive environmental reviews and are fully subject to it. so, there is no way out. this city has not done an environmental analysis.
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it hasn't even done an initial study, therefore it's in violation of the law if it passes this ordinance and we will file a lawsuit against the city to enforce the supreme court's ruling. i think it's very troubling by the way of city council has advised the city that it doesn't apply. in view of the supreme court's decision, it just seems like a very poor piece of advice and i suggest that you go back to the city council, ask again what is the impact of the supreme court ruling. further, citizen counties are not permitted to tell restaurants what kind of carry out bags they may provide. under the california retail food code, if i may, under the california retail food code which contains an express pre-exception section, only the california legislator may make that determination. we would ask the court invalidate the ordinance. los angeles county, santa monica
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and san jose have exempted restaurants? why? the city of santa monica said this exception is included as a public health safe guard from restaurant owners who sex press concern that some hot and liquid foods could leak from take out containers -- supervisor avalos: please wrap up. >> thank you very much. if you wish to have any discussions with us, i'm available and my contact information is on the objection. thank you. >> good morning, here here in strong support of expanding this ard nance. single use plastic bags are an item that has run its history in our lifetimes. for its conviencence the things you use plastic bag seemed like a good idea at the time but then
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again so did colognism and le-track tapes. it's time for us to move on. we've learned. san francisco showed incredible leadership when it made history in 2007 with this ordinance but we can do better. that is why we're asking you to accept this proposal to expand this ordinance. single use plastic bags continue to litter our streets, pollute or walter ways and poison our oceans. the era of the plastic bags is coming to an end and it's time for us to continue to act in that direction, thank you. supervisor avalos: thank you very much, next speaker please. >> good morning supervisors. the executive director for the golden gate. i would like to thank. in my previous life i was the vice president with the chamber of commerce and spent probably
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the last couple of years talking with ross about how to move this legislation forward. an approach that creates very good incentives, helps address the consumer and consumer behavior and doesn't unduely burden on the business side but actually a good approach. i think they've chosen a very thoughtful policy approach and i salute them for that. the one aspect now that i'm much more focused on the restaurant world as opposed to the broader chamber is the inclusion of the restaurants. it has been a very quick couple of weeks that we've known that restaurants were now included. i will say they have been very thoughtful and responsive in regards to the idea of take out and doggy bags. and acknowledging that on a policy side, we don't want to incentivize people to take a canvas reusable bag back into
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the kitchen and put a doggy bag. there's just health issues with that and safety issues with that. on the one other concern though that i do have. and i think it's addressed in the legislation, because it allows for for when ever -- i'll use a real life example over the weekend. we got a babysitter for the babysitter we got some chinese take out. some pork chow mein. i walked to the restaurant, it was in a plastic bag. it was hot because it had a liquid content. got it home, set it on the table and there was leakage within the bag. and while we completely agree that we should get away from irresponsible use of plastic bags, there may be times and occasions where they're necessary, when you're dealing with let's say pho, and your take out pho. that's a liquid base. if you don't wrap in something that hoppeds that liquid it
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could be dangerous. because of the short time frame we've had to discuss with the department of the environment and the supervisor office in regards to food items, what they've informed me is that a bio degradeable plastic will handle high temperature foods. it's not something i've been able to get or do the research on. again, what i'm afraid of is what we're going to do is create a policy requirement that will actually add to a number of bags being used. we strongly support the idea of getting rid of irresponsible use of plastic bags, but with caution that there are times whenever you need to contain liquids, contain hot liquids in include environment that some sort of container is appropriate for that. again, while in a broad sense, we support what the supervisor
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is doing and his approach, we want to continue to work to make sure we are not creating negative policy. thank you. supervisor avalos: 90 very much. >> director of office of small business. the small business commission is hearing this matter this evening, so i am not able to give you their official response, but when the legislation first came up last year, the commission did support that particular piece of legislation. definitely supports the direction of charging the consumer. in my discussions with several of the commissioners, similar issues came up in our conversations around register. in addition to our small fast food places and the take away, that eventually with a 25 cents charged per small bag, the commission has expressed some
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concern with the scale of that cost. but we will have the commission's official response for you later this week. supervisor avalos: very good. thank you very much. later this week would be great. any other member of the public who would like to comment, please come forward. anyone else, please come forward to line up in the center aisle. >> i am and managerial waste consultant. i would like to quickly address mr. joseph's statements regarding the manhattan beach case. first, he failed to a knowledge
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that the announcement had not won its ceqa challenge, and that ordinance is very different from the one we're looking at here because it only addresses plastic bags and did not contain a charge on paper. this ordinance contains a charge on paper and also, no california court has ever found that categorical exemption does not apply. in oakland, they found that unusual circumstance exception applied, and that was because there was no charge on paper there. by charging for paper and charging for reusable bags, we address those concerns. i have talked to over 50 california cities that are moving forward, and all of them are looking at an ordinance structure similar to this one. so continue to be the leaders and adopt this ordinance. thank you. supervisor avalos: thank you very much. there are no other members of the public wo