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Attachment 1 Several cities around the Bay Area have taken action on polystyrene food containers. There are now more than 45 cities in California and more than 20 in the Bay Area that have banned the use of polystyrene foam. The following case study illustrates one city's approach. Case Study: City of Millbrae: Recognizing the need to reduce pollution in local waterways and city streets, Millbrae adopted a ban on polystyrene food packaging in January 2008. What it does: City ordinance requires all restaurants or sellers of take -out food to use only take -out containers that are reusable, biodegradable, compostable or recyclable under current city programs. Styrofoam and polystyrene plastics are prohibited. The ordinance includes cups, lids, straws, clamshells, plates, bowls, and utensils. How it was implemented: City staff sent two informational reports to the City Council and prepared the city to address industry concerns. The Recycling & Waste Program created postcards and flyers to distribute to businesses and had discussions with the Chamber of Commerce prior to the ordinance adoption. The program offers online resources and materials to educate business owners about how to comply (Millbrae Sustainable Food Service Ware Ordinance & Information: http:// www .ci.millbrae.ca.us /index.aspx ?gage =236 Enforcement is complaint- driven and compliance is near 100 %. Costs: Cities and counties should be prepared to cover a minimum of .25 FTE to work on the legislation, as well as the development and translation of outreach materials, staff time to manage an informational website (as applicable), staff time for complain- driven enforcement, and costs for in -house mailing of outreach materials and enforcement letters. City and County attorneys will also need to be consulted during the development phase of an ordinance to make sure that it is compliant with any existing local, state, or, federal legislation. Contact: Shelly Reider, Environmental Programs Manager, City of Millbrae: (650) 259 -2444 Additional Program Information: San Francisco: We also recommend reviewing the City and County of San Francisco's ordinance, which may have useful findings and other helpful language for cities looking to draft their own legislation: http://www.sLgov,org/site/uploadedfiles/fswr/documents forms /FSWR Ordinance295- 06.1)df Enclosures Millbrae ordinance and sample outreach materials. General Considerations: CEQA: Millbrae's ordinance includes an explanation of their exemption for the ordinance under California Environmental Quality Act (CEQA). This negative declaration clarifies the city's obligations and the impact of the ordinance for legal purposes. Addressing Industry Opposition: Some plastics manufacturers and their associations surprised cities early on by dispatching lobbyists to oppose these ordinances through letters and at public meetings. Cities should be prepared to address industry claims. Save The Bay can direct city staff to simple facts that refute plastic industry claims. Please see our Myth vs. Fact sheet for more information.