Plastic bags are among the most commonly found garbage in Town creeks, roadsides and waterways. The bags are a large contributor to water pollution and litter in our community.
State legislation signed into law by Governor Brown on September 30, 2014 (SB 270) prohibits food stores (grocery stores, liquor stores and mini marts) and certain retailers (stores with gross sales of $2 million or greater that sell perishables and stores with at least 10,000 sq. ft. of retail space that have a pharmacy) from providing single-use carryout plastic bags to customers, effective July 1, 2015.
summer and fall 2014, the Town of Danville conducted outreach to businesses and
the public regarding a potential ban on plastic carryout bags. The Town received feedback through surveys,
social media, two study sessions, three public informational workshops and
three Town Council meetings.
help eliminate plastic litter and promote environmental sustainability, the
Town of Danville adopted an ordinance in December 2014 regarding Single-use Carryout
Plastic Bags. In an effort to allow
adequate time for retail businesses and public eating establishments to comply,
the ordinance takes effect in approximately 18 months, on July 1, 2016.
Effective July 1, 2016:
of the ordinances may result in an infraction the retail or public eating establishment
of $100 for the first violation, $250 for the second violation, and $500 for
the third and any additional violations.
Town of Danville’s ordinance preempts the state’s ban on single-use plastic
bags (SB 270).
The Town received a demonstration grant in 2011 to install trash capture devices. Sixty one devices were installed with this money that covered over 40% of the downtown area of Danville. Each device was custom fit to the drainage inlet and the devices include a bypass mechanism in the event of large storms. These devices require regular cleaning three times a year and in some cases more frequently if they get too full or clogged.
Cities in the San Francisco Bay Area must meet rigorous trash reduction requirements set by the California State Regional Water Quality Control Board (RWQCB) in 2009. The requirements include a goal to reduce trash in waterways by 70% in 2017 and 100% in 2022. Cities and Counties have all worked on reducing trash in our communities by a variety of ways. In Danville, to-date 61 trash capture devices were installed in storm drains downtown, new trash/recycling cans were placed throughout the downtown area and several on-land clean-ups to pick up trash were conducted. It will become increasingly challenging for cities to reach the 70% and 100% reduction thresholds. The California State RWQCB has recently reported that cities that adopt comprehensive plastic bag bans would receive up to a 7% trash reduction credit that would count towards the 100% trash reduction requirement, although this has not been verified in light of the enactment of SB 270. This option would be more affordable than other means, such as installation of trash capture devices that are expensive to install and require on-going maintenance costs as well. An ordinance that only encourages the elimination of plastic bags would not qualify as a comprehensive plastic bag restriction.
The Town of Danville ordinance takes affect beginning on July 1, 2016.
The Town of Danville's ordinance affects approximately 119 retailers and 73 public eating establishments starting July 1, 2016.
SB 270 primarily targets food stores (grocery stores, liquor stores and mini-marts) and retailers of a certain size (stores with gross sales of $2 million or more and stores with at least 10,000 square feet of retail space that have a pharmacy). Danville’s ordinance implements a ban on plastic bags to all retailers, as well as public eating establishments. This proposal is being considered as a way to have all businesses be affected equally and plastic carryout bags prohibited across the board in the Town of Danville.
Senate Bill No. 270, also known as SB 270, was signed into law by Governor Jerry Brown on September 30, 2014. It prohibits food stores and retailers of a certain classification from providing plastic carryout bags to customers, beginning July 1, 2015 for retailers of a certain size and July 1, 2016 for all grocery stores and minimarts. The new law allows cities to enact a local ordinance in place of SB 270, if the ordinance is adopted before January 1, 2015.
Because the Danville Town Council adopted its own ordinance before January 1, 2015, SB 270 will not affect any retailers in Danville. The entire text of SB 270 can be found here: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB270
Bag means any bag, including a Plastic Bag, provided at the check stand,
register, point of sale or other point of departure for the purpose of
food, merchandise, or other goods out of a Retail Establishment or a
Eating Establishment. Carryout Bags do not include Produce Bags or
Plastic Bag means any
bag made predominantly of plastic derived from either
ethylene derived from natural gas, or a biologically-based source,
corn or other plant sources. The term “Plastic Bag” includes compostable
biodegradable bags but does not include Reusable Bags, Recycled Paper
Bags, Produce Bags, or Product Bags.
The Shop Danville bags given out to residents qualify as reusable based on the definition of the Town of Danville's ordinance.
Danville's ordinance would closely resemble the defining language in the City of Walnut Creek and other Contra Costa cities’ ordinances, requiring that reusable bags meet the following requirements:
The Town of Danville’s ordinance is silent on the issue, neither requiring nor prohibiting retailers from charging customers for the use of paper bags.
The mandatory charge for paper bags found in SB 270 and some other local ordinances is designed to help the retailers recoup some of the cost for the recycled paper bags and also to encourage customers to bring their own reusable shopping bag to the store. After listening to feedback from small retailers and customers, the Town Council determined that many retailers in Danville already provide paper bags to customers and would be adversely impacted by being forced to charge a fee. The Town also believes there are other, more effective means of encouraging the use of reusable shopping bags.
An analysis from Southern California indicated that recycled content paper bags purchased by large grocers (e.g., Ralphs, Vons) ranged from $0.05 to $0.15 per bag. While some small retailers and boutiques in Danville have reported to spend up to $1.50 per bag on higher quality bags with handles made of twine, others have found paper bags to be more affordable than plastic. Carryout plastic bags cost grocery stores between $0.005 to $0.010 per bag, and up to $0.05 per bag for smaller orders (smaller businesses).
In an effort to promote the use of reusable bags in Danville retail establishments, the Town is distributing 10,000 reusable shopping bags free of charge to local residents. These bags will be distributed through the Danville Farmers’ Market on Saturdays and other special events. The reusable bags are part of an economic development effort and feature the Shop Danville brand, reminding residents to shop locally.
Once the ordinance takes effect, if complaints are received about a business, courtesy notices would be sent to the merchant before any fines were issued. Given the Town’s limited staffing resources on code enforcement (only half of a full-time staff person), other higher-priority quality-of-life issues would be addressed before efforts are spent enforcing the single-use plastic bag ordinance. No additional staffing resources would be spent on enforcement.
Danville Town Office510 La Gonda WayDanville, CA 94526 Gianna BoragnoAdministrative Services CoordinatorT (925) 314-3309F (925) 838-0548E-mail email@example.com
Monday - Friday: 8:30 a.m. to 5:00 p.m.
Plastic Bag Ban Ordinance - Approved Dec. 2014