CITY OF Los ANGELES CALIFORNIA ANTONIO R. VILLARAIGOSA MAYOR. April 13, "Ci ty Council Room 303, CH

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1 ,~ ' L. BOARD OF PUBLIC WORKS MEMBERS CYNTHIA M, RUIZ PRESIDENT DAVID SICKLER VICE PRESIDENT PAULA A, DANIELS PRESIDENT PRO-TEMPORE VALERIE LYNNE SHAW COMMISSIONER CITY OF Los ANGELES CALIFORNIA ANTONIO R. VILLARAIGOSA MAYOR April 13, 2007 OFFICE OF THE BOARD OF PUBLIC WORKS 200 NORTH SPRING ST. ROOM 355 CITY HALL LOS ANGELES, CA JAMES A GIBSON EXECUTIV OFFICER GENERAL INFORMATION Tel: Fax: #1 Motion Mayor Antonio R. Villaraigosa "Ci ty Council Room 303, CH Room 395, CH Attn:Erin A. Walsh Associate Director of the Legislative and Intergovernmental Relations Divisions Subj ect: BILL RESPONSE REPORT (BRR) ON AB 904 AS INTRODUCED ON FEBRUARY 22, 2007 As recommended in the accompanying motion of the Director of the, which this Board has adopted, the Board of Public Works recommends that the Mayor and City Council concur with the 's position in its Bill Response Report on the legislative bill AB 904 entitled: "Recycling: Food Containers", as introduced on February 22, Respectfully submitted, JAG: mp cc: Gerry F. Miller, Chief Legislative Analyst Anant R. Mokashi, Regulatory Affairs Division, Bureau of Sani tat ion AN EQUAL EMPLOYMENT OPPORTUNIT - AFFIRMATIVE ACrION EMPLOYER

2 .,,~ ~ '. Council Distrct(s): All MOTION " Discussion/ackground: The Bureau of Santation (BOS) has prepared the attached Bill Response Report (BRR) on the legislative bill AB 904 entitled: "Recycling: Food Containers", as introduced on Februar 22,2007. The BOS recommends SqPPORTING this version ofthe bill. IT is THEREFORE RECOMMENDED that the Board of Public Works concur with the Bureau of Santation's position on this bil and forward to the Mayor and City Council for their approval. ~Ri t. 0 LR~ mson, irector -" Prepared by: Anant R. Mokashi, Regulatory Affairs Division (310) ' ARM/arn AB Motion

3 ~,... 7t;''), FORM GEN. 160 (REV. 6.80) CITY OF LOS ANGELES INTER-DEPARTMENTAL CORRESPONDENCE DATE: April 5, 2007 TO: James A. Gibson, Executive Offcer Boar f blic Works FROM:. t L. ins on, Direètor " SUBJECT: BILL RESPONSE REPORT (BRR) ON AB 904 AS INTRODUCED ON FEBRUARY 22, 2007 Public Works action. Please schedule a motion on the next available Board Agenda, for Board of The (BOS) is recommending a position on the referenced legislative bil as indicated below. BILL'NO. AUTHOR INTRODUCED AB 904 Feuer 02/22/07 Title: Recycling: Food Containers RECOMMENDED POSITION: SUPPORT I request the Board to approve the attached BRR and the motion and forward it to the Mayor's Offce (Attention: Erin A. Walsh) and City Council for their approval with a copy to Gerr F. Miler, Chief Legislative Analyst, and to Anant R. Mokashi of the Regulatory Affairs Division in the Bureau of Sanitation. Than you for your assistance with this matter. If you have any questions please contact Anant R. Mokashi of my staff at (310) RLR:AR:hll Attachments (2) c: Cynthia A. Ruiz, President, Board of Public Works Gerr F. Miler, Chief Legislative Analyst Enrque C. Zaldivar, Executive Officer Varouj Abkian, Assistant Director Omar Moghaddam, Regulatory Affairs Division Shallouzeh Saneie, Regulatory Affairs Division Anant R. Mokashi, Regulatory Affairs Division Shahram Kharaghani, Watershed Protection Division Donna Toy Chen, Watershed Protection Division Lisa Carlson, Watershed Protection Division Neil Guglielmo, Solid Resources Cityide Recycling Division Karen Coka, Solid Resources Cityide Recycling Division RA Central File/Legislation/RRSupportAB-904 AB CLR-BPW

4 -..,", Regulatory Affairs Divisiòn - Legislative Section BILL RESPONSE REPORT ADOPTED BY THE BOARD O~ PUBLIC WORKS OF THE CITY AND R~~~~~~~Ò 1~l~~OR APR 1 3 L007 AND REFE~CI COUN tary BILL NO AUTHOR INTRODUCED, " AB 904 Feuer 02/22/2007 Title Recycling: Food containêrs, " RECOMMENDED POSITION: SUPPORT REPORT BY: Anant R. Mokashi, Legislative Liaison on March 29, 2007 (310) #. Approved: Approved by Board of Public Works f l' Rita L. Robinson, Director On James A. Gibson, Executive Officer Board of Public Works JUSTIFICATION The proposed legislative measure prohibits food providers from distrbuting food in disposable containers unless those containers are compostable or recyclable containers. It would require after July 1,2012, that the containers be recovered for composting at a 25% rate or recovered for recycling at a 25% rate. This bill would require an unspecified civil penalty for violating the requirements and require a list of violators to be published anually. The penalties would be deposited in a Marne Debris Reduction Account and would be used to provide public education and assist local agencies in efforts to reduce plastic waste and marne debris. The bil is unclear in its initial version as to who is responsible for enforcement. This could create less litter in our watersheds if single use food packagig products are composted or biodegrade rapidly enough so as not to pollute local waterways or beaches. This bill may assist the City and other affected stakeholders in removing some trash from the watersheds, thereby reducing the cost of implementing trash TMDLs. More likely, some fuding may become available to assist in reducing trash in the watersheds or for public education. There is no fiscal analysis, so the amount of fuding that may become available is unown at this time. ARMarm 04/02/07 Page 1 of2 AB SUP

5 ~.j...~ ~ :.:.. ~l.,., " ' BILL RESPONSE REPORT (Continued) ',!.. ~ ~., ' "'~~~.:~~ :ü-;-.r i:~r ~~~':.::ifê;:.'f.;:l:..~r; Q '.~, ',, The Bureau therefore recommends SUPPORTING this version of the bill. If you have any questidnsaboii,ttllisfqpn please contactanant R.Mokashi, at (310) Note: For additional informtion conta(;t AmiiitR. MokashiLegislative Liaison.at (310) or Lisa Carlson of the Watershed Protection Division at (213) who originated the response to ths ~ersion of the bil.!. ARar 04/02/07 Page 2 of2 AB UP