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HomeMy WebLinkAbout2013-08-28 CSC Regular Meeting Agenda PacketCITY OF PALM DESERT CITIZENS' SUSTAINABILITY COMMITTEEE AGENDA WEDNESDAY, AUGUST 28, 2013 — 2:00 P.M. ADMINISTRATIVE CONFERENCE ROOM 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. ORAL COMMUNICATIONS Any person wishing to discuss any item not otherwise on the Agenda may address the Citizens' Sustainability Committee at this point by giving his/her name and address for the record. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the Committee. Because the Brown Act does not allow the Citizens' Sustainability Committee to take action on items not on the Agenda, members will not enter into discussion with speakers but briefly respond or instead refer the matter to staff for report and recommendation at a future Citizen's Sustainability Committee meeting. This is also the time and place for any person who wishes to comment on Agenda items. It should be noted that at Citizen's Sustainability Committee discretion, these comments may be deferred until such time on the agenda as the item is discussed. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the Citizens' Sustainability Committee. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73-510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Ext. 484. IV. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITIZENS' SUSTAINABILITY COMMITTEE OR AUDIENCE REQUEST ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION V. CONSENT ITEMS HELD OVER, OF THE AGENDA. POSTED AGENDA CITIZENS' SUSTAINABILITY COMMITTEE AUGUST 28, 2013 A. MINUTES of the Citizens' Sustainability Committee meeting of July 8, 2013. Rec: Approve as presented. Action: V. CONSENT ITEMS HELD OVER None VI. NEW BUSINESS A. DISCUSSION on Air Conditioner Condensate Rec: Receive and file. Action: VII. CONTINUED BUSINESS None VIII. OLD BUSINESS B. UPDATE ON SINGLE-USE PLASTIC BAGS 1. Draft Letters and Ordinance 2. Proposed Citywide Education Program Rec: Receive and file. Action: IX. REPORTS AND REMARKS A. Economic Development Director 1. Update on Desert Cities Energy Partnership B. Strategic Plan: Energy and Sustainability Focus Group 1. No Report C. Committee Members Comments 2 G:\Planning\Monica OReilly\Sustainability Committee\2013Wgenda\8-28-13 a.docx POSTED AGENDA CITIZENS' SUSTAINABILITY COMMITTEE AUGUST 28, 2013 X. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Citizens' Sustainability Committee was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated on this 22nd day of August, 2013. Monica O'Reilly, Recording Secretary Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 G:\Planning\Monica OReilly\Sustainability Committee\2013Wgenda\8-28-13 a.docx CITY OF PALM DESERT CITIZENS' SUSTAINABILITY COMITTEEE PRELIMINARY MINUTES MONDAY, JULY 8, 2013 — 2:00 P.M. ADMININSTRATIVE CONFERENCE ROOM 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Robert Leo called the meeting to order at 2:00 p.m. II. ROLL CALL Present: Member Tommy Edwards at 2:05 p.m. Member Eric Freed Member Dean Gatons Member Bruce Kassler Member David Koller Member David Mourhess Member Susan Rosenberg Member Luke Taylor Vice Chair Cleve Langford Chair Robert Leo _- Also Present: Absent: Member Gregory Gritters Member Ralph Raya � Susan Marie Weber, Councilmember John Wohlmuth, City Manager Lauri Aylaian, Director of Community Development at 2:20 p.m. Martin Alvarez, Director of Economic Development Ruth Ann Moore, Economic Development Manager Tony Bagato, Principal Planner Monica O'Reilly, Recording Secretary III. ORAL COMMUNICATIONS None PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE JULY 8, 2013 IV. CONSENT CALENDAR A. MINUTES of the Citizens' Sustainability Committee meeting of March 20, 2013. Rec: Approve as presented. Staff noted that Member Gritters had a change to his comment on page 7 last paragraph. Upon a motion by Mourhess, second by Gatons, and a 9-0 vote of the Citizens' Sustainability Committee, the Consent Calendar was approved as amended with Members Edwards, Gritters, and Raya ABSENT. V. CONSENT ITEMS HELD OVER None VI. NEW BUSINESS None VII. CONTINUED BUSINESS None VIII. OLD BUSINESS ' A. UPDATE ON SINGLE-USE PLASTIC BAGS . Member Eric Freed stated that Ms. Kate Castle from the City of Palm Springs drafted a letter. He said that potentially the tact they are taking is that she wants to present a unified front with the Palm Desert and Palm Springs Sustainability Committee to launch a valley-wide initiative. The feedback from the other cities is that it is a great idea; however, they do not want to be the first to do it. He said they are hoping to find a way around that issue by doing it all at once. Ms. Castle drafted a letter that essentially says "there are 72 municipalities in California that have done it, including Los Angeles. There is no reason why we can't do it, it is costing the city money; let's do it all together." He stated that Ms. Castle would like Palm Desert to back her up. Member Freed communicated that they have a draft letter, a draft policy, and templates. He asked what they need to do now. Member David Koller inquired if the Coachella Valley Association of Governments (CVAG) would be better suited to move the issue forward. 2 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\7-8-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE JULY 8, 2013 Member Freed responded that CVAG would be perFect to move it forward; however, they have refused because they have other priorities that take precedence. Member Koller suggested writing a letter to CVAG. Chair Leo commented that the Palm Desert Sustainability Committee will have to request that the Palm Desert City Council write a letter to CVAG. He asked the City Manager if that was correct. Mr. John Wohlmuth, City Manager, responded that the City Council has asked CVAG to look into the matter, and to consider bringing single-use plastic bags forward. He stated he brought it up at the City Manager's meeting, and most of the city managers are not interested in addressing the issue of plastic bags. He noted that Indio expressed interest, but that was about it. He feels that the issue is likely to be tabled forever. The City Council feels the same unless there is a regional approach. Member Dean Gatons commented that in May 2013, Palm Desert and Palm Springs were the only cities that met with CVAG. He said that their concern is they are not getting support. He mentioned that he sat in the Palm Desert Walmart parking lot and he literally saw Home Depot bags stuck in trees, which Home Depot is in Rancho Mirage located across the street. Member Gatons stated that Palm Desert is serious about the issue, and displayed his daughter's art project that was made of single-use plastic bags. Chair Leo asked the City Manager if the ban of single-use plastic bags will go anywhere. Mr. Wohlmuth responded that the City Council is interested in a regional approach. He noted that CVAG is made up of nine cities, and unless you get half of them wanting something it is likely that it is not going to occur. Chair Leo asked if the Committee has the liberty to contact the other cities. Mr. Wohlmuth replied that they could talk to the elected officials from the other cities. He mentioned that Ms. Nale gave a couple of presentations to the Solid Waste Task Force and Energy Environment. Unfortunately it did not have momentum. Mr. Tony Bagato, Principal Planner, noted that items on the agenda are updates, and there will not always be an action recourse. He also noted that they are working on updating the Strategic Plan, and there is a focus group on sustainability that will take about 10 months to adopt. 3 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\7-8-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE JULY 8, 2013 Chair Leo asked if anyone from the Sustainability Committee is in the focus group. Mr. Bagato replied that Member Mourhess is in the focus group. Member Freed inquired if CVAG is the only path to move this issue forward. Mr. Wohlmuth reaffirmed that the City Council wants a regional approach, and that it does not have to go through CVAG. Member Freed asked if it will be the same legislation or can there be subtle differences between all the cities. Mr. Wohlmuth said that historically someone would draft a model ordinance, and that it would be slightly or greatly modified by each city. Member Freed stated that they have a draft model ordinance that has not been seen by any City Council in the Coachella Valley. He stated that if they could get three to four cities to participate, they could get the other cities to participate. Member Tommy Edwards asked Mr. Wohlmuth if they have reached out to city councils through CVAG, and city managers to look at a regional approach. Mr. Wohlmuth responded that when the City Council asks staff to do something, that is the quickest way. He said that the City Manager and staff receive direction in a number of different ways: from the council, the community, input at council meetings, and regionally through CVAG. Member Freed inquired if he as a citizen or as a unified body are restricted from writing an editorial for The Desert Sun. Would it be appropriate? Mr. Wohlmuth responded that the Sustainability Committee is an advisory committee to the City Council. As a committee, Mr. Wohlmuth advised Member Freed to first ask the City Council. As an individual, he could write the editorial as a committee member, and noted that it could upset the Council. Member Gatons agreed with Member Freed. They need a valley-wide initiative to move forward; however, he does not know how they can get there. Member Edwards commented it might be worth taking it back to the City Council for direction. Chair Leo asked if it would be possible to do an informal survey of establishments that on their own are trying to reduce the number of plastic bags, and raising the level of reusable bags instead of mandating plastic bags. 4 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\7-8-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE JULY 8, 2013 Ms. Aylaian commented that she believes stores are required by law to have a place to recycle plastic bags, and they are also required to provide reusable bags for purchase. Member Freed reaffirmed that there is a law for collection of plastic bags. He mentioned that he has a letter of support from the California Grocers Association. Member Bruce Kassler asked if it is possible to get the City Council to agree to the ban of plastic bags based on the ordinance that has been written, but will not enact the ordinance until there is a minimum of four other cities within the Coachella Valley. Mr. Wohlmuth responded that it is not likely, and explained the ordinance process. He suggested to Chair Leo to send a report to the City Council of what has been done along with the model ordinance and letters of support. He said to ask the Council to consider authorizing the Mayor to send a letter to the mayors of the other cities with the ordinance attached, and encourage them to consider this issue as a city or through CVAG. Member Freed inquired who they send the request to. Chair Leo directed Member Freed and Gatons meet with Mr. Bagato to prepare the letter and staff report. Member Gatons asked who in the City will enforce or monitor the ordinance. Mr. Wohlmuth replied that the Code Enforcement Department would respond to a complaint. B. UPDATE ON DE-ASPHALTIFICATION Mr. Bagato reported that staff is moving forward with the zoning ordinance modification. He noted that they looked at parking counts, and they will be reducing the parking requirement. Member Freed mentioned that he has information on solar reflective index (SRI) material, and will be happy to present the information to staff when appropriate. Mr. Bagato stated that the zoning ordinance will go to the Planning Commission and the City Council in August. Member Freed asked if the counts are minimums and not maximums. Mr. Bagato replied that the counts are minimums. 5 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\7-8-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE JULY 8, 2013 Member Freed asked if counts vary on use. Mr. Bagato replied yes. IX. REPORTS AND REMARKS A. Economic Development Director 1. Desert Cities Energy Partnership Update Mr. Martin Alvarez reported that the energy partnership the City of Palm Desert has with CVAG is moving forward with a couple of projects. At this time, the City is completing the renovation of seven irrigation pumps at Desert Willow. He noted that the City is looking at receiving a$12,000 rebate from Southern California Edison for the irrigation pumps. The second item is the City was awarded $160,000 in grant money. The grant will assist in the following: 1) revising the City's greenhouse gas inventory; 2) allow the City to look at a utility manager (computer software); 3) allow the City to develop a policy for commissioning and retro-commissioning municipal facilities; and 4) the possibility of adopting a green building policy for commercial and residential developments. He stated that for CVAG's regional Property Assessed Clean Energy (PACE) program, CVAG selected a consultant that would provide a turnkey regional approach that cities could opt into to have their PACE program administered. Ygrene is the consultant selected, and they have been visiting the cities to seek the city's approval to join the district. He noted that in May of this year, Palm Desert opted to join the CVAG's PACE program. Mr. Alvarez noted that the Palm Desert's Energy Independence program is still active. Member Freed asked if the Ygrene program is the City's program. Mr. Alvarez clarified that the City's PACE program still exists, and the Ygrene program has not launched. Member Freed asked what the advantage is of Ygrene administering the program instead of the City. Mr. Alvarez replied that there are administrative costs that the City incurs, and City funds are also being used for the loans. With a third party, he said that there are no administrative costs for the City and no additional risks. He stated that having a regional approach you have one voice, one message, and one process. He said that Ygrene will launch in November or December. 6 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\7-8-13 min.docx PRELIMINARY MINUTES CITIZENS' SUSTAINABILITY COMMITTEE JULY 8, 2013 B. Committee Members Member Freed commented that the city of Lancaster proposed to require solar on every new project, commercial and residential. He mentioned that the city of Santa Monica is also putting forth their version of it. Member Gatons mentioned that The Desert Sun throws My Desert in driveways, and half the people are not home. He inquired if they are allowed to do that, and do they have the right to throw My Desert into driveways. Mr. Wohlmuth responded that he sent a letter to The Desert Sun concerning that issue about a year ago. He said that per the City's ordinance, if the paper is not picked up within 24 hours, The Desert Sun has to return to pick the papers up. Member Gatons commented that people are not recycling when it is so easy. Mr. Wohlmuth noted that the City is at 72 percent recycling. Vice Chair Cleve Langford commented that the Sustainability Committee has been discussing plastic bags for a long time, and he hopes they receive direction soon. Member David Mourhess agreed with Member Langford. Member Susan Rosenberg commented that she just got back from Hawaii, and that Hawaii has banned plastic bags. She said she did not see plastic bags floating around, and people seemed to deal with it just fine. Chair Leo asked if the Sustainability Committee can get updated reports from the Strategic Plan focus group. Mr. Wohlmuth responded that they are in the beginning stages of the Strategic Plan so there are no goals yet from the focus groups. Ms. Aylaian also commented that staff may be able to add a regular informational agenda item on the Sustainability Committee agenda. X. ADJOURNMENT Upon a motion by Gatons, second by Langford, and a 10-0 vote of the Citizens' Sustainability Committee, Chair Leo adjourned the meeting at 2:42 p.m. Monica O'Reilly, Recording Secretary 7 G:\Planning\Monica OReilly\Sustainability Committee\2013\Minutes\7-8-13 min.docx �w' Zip code: * 92260 Phone number 7607769451 � I Am a: Palm Desert Business Owner [] Palm Desert Resident [x] Comments: I have noted that thousands of gallons of clean water are wasted every day in Palm Desert This water is the condensate from air conditioners. I use the condensate from my roof mounted air conditioner to water plants in my atrium. At the Trader Joes's complex on Fred Waring this morning I saw condensate dripping from pipes onto the sidewalk cutting lakes and rivulets into the concrete. Next to these condensate pipes are massive potted plants which are hand watered each day. A simple fix would be to divert the condensate water to the plants,. This would also eliminate the sidewalk runoff that creates hazardous conditions for the elderly. This condensate is free water and does not impact on aquifer storage. I suggest that Palm Desert encourage the use of this water through "Good Neighbor" awards and making the community aware of those stores that implement this no-cost positive conservation measure. I would appreciate hearing from the City on this matter. 3 i i Altemate On-S�te Water Sources ��� Many large commercial and industrial facilities can use water that is less than- potable quality for processes. There are a number of opportunities for various sizes and types of businesses to develop alternate on-site water sources. Some processes, however, require very high quality source water, so some types of reuse water require additional treatment to remove contaminants or constituents. Even typical disinfection by-products found in potable water must often be removed by specialized filtration, so such sophisticated processes can as readily begin with non-potable source water. Alternative sources of water, which can be found on-site and used in these pro- cesses, may include: • rainwater and stormwater • air-conditioner condensate • filter and membrane reject water • foundation drain water • cooling-tower blowdown • on-site treated gray water and wastewater Potential uses of alternate on-site sources of water include: • irrigation • cooling-tower makeup • toilet and urinal flushing • makeup for ornamental ponds, pools, or fountains • swimming pools • laundries • processes • any other use not requiring potable water The use of treated effluent or reuse water provided by a publicly-owned water- treatment facility is not addressed in this section. The initial step in determining the potential for alternate water sources is to identify the requirements — including water quality — that non-potable water can satisfy. After verifying that some demands can be met by non-potable water, determine the volume and quality requirements for the potential use. Each section below provides criteria for evaluating a potential water supply and includes basic considerations for system design, although, due to the site-specific nature of both non-potable water demand and potential supply, these are necessarily broad. The final section discusses the potential and design considerations for conjunctive use. Source design and evaluation considerations include: Potable water from a munici- pal water supply is often not necessary for com- mercia! and industrial facilities. Either they require water of Iesser qual- ity or their processes require water that must be of much high- er quality. ALT 1 Alternate On-Site Water Source • determining volume and quality of the available on-site source • identifying possible uses • matching water quality to type of use • deciding the type of treatment, if needed • considering other basic factors for system design Watersmart Guidebook Due to the unique circumstances of site size and orientation, air-conditioning loads, impervious cover, and water-quality constraints of the proposed end use versus the source water, cost-effectiveness evalu- ations are unique to each proposed business or industrial process. As a result, a number of techniques require a feasibility study at the proposed site to determine cost implications and payback period. Rainwater Harvesting Rainwater falls on large and small facilities alike. However, facilities with large areas of impervious cover can capture runoffand use the water for various non-potable purposes with little treatment. This section deals with methods available to facilities that capture water from their roofs. Those that capture water from paved surfaces are dealt with in the "Stormwater" section. Harvested rainwater can also be combined with air-conditioner condensate, the next option. The type of roof surface impacts the quality of the rainwater runoff. For the highest quality rain water, especially if the water is to be used for drinking purposes or in-building uses such as flushing toilets and urinals, harvesting should employ smooth metal roofs and non-toxic, non-leaching surface finishes. Gutter design should employ at least a 1 percent slope and route water to a central collection point for transfer to a cistern or storage tank. The system will need a"roofwasher" or "first-flush diverter" to minimize the debris and detritus from the roof surface that enters the cistern. For rainwater destined for landscape watering, consideration should be given to diverting water di- rectly into landscaped areas, with swales and berms to capture and direct the flow. Care must be taken in designing such landscape rainwater harvesting to avoid long-term pooling of water and creation of potential insect vectars. Costs are considerably lower for systems which do not include tanks or cisterns, and slowing the water down to allow it to percolate into the landscape has stormwater runoff reduction benefits as well. Approximately 0.62 gallons of water can be collected per square foot of collection surface per inch of rainfall. In practice, however, most installers assume an efficiency of 80 percent. Some rainwater is lost to first flush, evaporation from the roof surface, or splash-out from the gutters. Rough collection surfac- es are less efficient at conveying water, and water captured in pore spaces is lost to evaporation. The inability of the system to capture all water during heavy storms also affects practicable efficiency. For instance, spillage may occur if the flow-through capacity of a filter-type roofwasher is exceeded, and overflow rainwater will be lost after storage tanks are full. The use of rainwater collection systems, also referred to as cisterns, is most practical in regions with pe- riodic precipitation throughout a plant's growing season. For example, in California, since most regions don't receive precipitation during the summer, early fall, and late spring, cisterns are far less practical than in other parts of the country, because very large storage capacities are needed to capture enough wa- ter to use at any length into the irrigation season. Stated another way, the mare frequent the precipitation, the smaller the needed storage facility and the less the capital costs. ALT2 Watersmart Guidebook Calculations Alternate On-Site Water Sources Annual production potential: gallons = roof area (sq. ft.) x annual precipitation (in.) x(0.62 x 0.8) Required annual storage capacity for the planned landscape should be determined as follows: • Calculate the monthly water budget for the planned landscape using the water budget calcula- tions in the section, "Landscape Irrigation Efficiency." • Estimate the monthly average rainfall quantities that could be harvested, based upon roof area and rainfall for the location. • Estimate the amount of rainwater storage that would be cost-effective to construct, based upon monthly inflows from rainfall and outflows based upon the landscape water budget. Recommendations . �:: � �. .. �. Proven Practices for Supet-ior Performance • Plumb gutter systems to facilitate rainwatet� catchmen� at commercial facilities. Additional Practices° That Achieve Signrficant ,Savings • Have new commercial developments with rr►ore than 20,000 square feet of roof area to pro- vide a preliminary feasibility study, including cost analysis; to determine whether rainwater harvesting `is viable at the site. _ Stormwater Stormwater capture and reuse offers many unique opportunities and should be examined when stormwa- ter systems are being designed. All new properties are now required to integrate stormwater management for water-quality purposes into the design (USEPA). The section, "Landscape Irrigation Efficiency," dis- cusses this topic in detail. Stormwater can be a valuable source for landscape irrigation, but only if it can be captured and held. The overall concept is to keep the rain on the site where it falls to the maximum extent possible. The water captured and held can displace part or all of the potable water otherwise used for irrigation and can optimize groundwater infiltration, water quality, and slow-release augmentation of local streams. There are three ways this can occur: • storage in the soil profle • capture in on-site features, such as berms, swales, rain gardens, or terraces • capture in a detention structure, such as a pond, from which it can be pumped back to the landscape The first two rainwater-harvesting methods offer capture and reuse in relationship with stormwater control systems. Therefore, these often least-costly methods of harvesting rainwater also maximize the potential for stormwater to infiltrate groundwater resources. The section on "Landscape Irrigation Ef- ficiency" includes design considerations. The newer Best Management Practices (BMPs) for stormwater control also enhance the ability to use stormwater as a resource for the landscape, even in more arid climates. Recommendations ` ` Proven Frdctiees for Superior Performance • Include capture in on-site features, such as berms, swales, rain gardens, or terraces, and the use ' � " of soil as a water-storage mediurn jointly in the design of landscape and stormwater facilities. ' ALT3 Alternate On-Site Water Source Watersmart Guidebook • Require stormwater ponds to be established or enlarged ta accommodate long-term storage for landscape irrigation and ot�rer uses:. � � Additional �'ractices.Thc�t Achieve;Significartt Savings : ,.� • E�mine the potential oicaptured and stared stormwater along witrt other on-sit�.water sources. '� Air-conditioner Condensate Require plumbing of heating, ventilation, and air-conditioning (HVAC) systems such that commercial and other types of facilities can collect air-conditioner condensate. Clarify in local ordinances the spe- cific plumbing uses of alternative sources of water and their relationships to the potable-water system. This can be combined with previously described options for rainwater harvesting. Condensate-recovery water can be used as make-up water for cooling towers. Due to its high water quality, it increases the cycles of concentration achievable in cooling towers. Condensate can also be used for irrigation and other non-potable uses. In the past, regulations have required that condensate be plumbed to the sanitary sewer. If it is used for landscape irrigation, provisions may have to be made to divert water collected during coil cleaning to the sewer, if copper concentrations would be of concern. Since air-conditioning condensate production depends upon cooling load, relative humidity, and make- up-air volumes, someone familiar with psychometric relationships and air-conditioner system design must carefully calculate the amount of condensate produced. Examples combining harvested rainwater and air-conditioner condensate include: • The University of Texas, where combined sources provide an estimated average of 110,000 gallons of water a day, of which air-conditioner condensate makes up as much as half • The Austin Resource Center for the Homeless (ARCH), where toilet flushing and landscape irrigation use rainwater and air-conditioner condensate. Prove� Pra � Ch< alte • Co� div� dations� ' taees' for� Superior�l�erformanc� '� nge regulations that require condensate tQ be diseharged inta a` sewei ta altovi� for oth native uses. .�. imercial sites wrtli more than 100-tons ofair caridirionin� musf examine the feasibili rfing alI coridensate drai� wa�e�to`a ct�tnmon„poin� where it could.easily be captiired Filter and Membrane Reject-Water Recovery Require plumbing of large and very-large filter and membrane systems to recover water that can then be used far landscape irrigation and other purposes. The product stream of inembrane filters is water destined for the filtered end use and a reject stream traditionally routed to the sanitary-sewer system. However, other than elevated TDS, this water is often usable for other on-site purposes. When used in landscape irrigation, proper selection of landscape materials with high salinity tolerance is necessary. In specific circumstances, filter reject water may be used in other processes within a plant. Refer to sec- tions on "Pools, Spas, and Fountains" and "Landscape Irrigation Efficiency" for additional information. Examples of the use of filter-backwash and membrane reject water include: • Swimming-pool backwash water at several City pools in Austin, Texas, is used to irrigate parkland. ALT4 Watersmart Guidebook A/ternate On-Site Water Sources • RO reject water, combined with water from a stormwater pond, is used for landscape irrigation at a major microelectronics manufacturing plant in Austin, Texas. • Many industries use RO-reject water for cooling-tower make-up. _ _ _ _ Recommendations Proven Practices for Superior Perfarmance • New projects that-employ filtration and membrane proeesses must provide a%asibility sum- mary study of how these sources might be employed. Foundation Drain Water Foundation drain water, another source on large commercial campuses, is captured to preserve founda- tion integrity. It is typically routed through French drains to a common sump, where it can be gathered and pumped to replace potable water far uses such as landscape irrigation. The purpose of a foundation drain is to remove water that could potentially harm the foundation and funnel it, by gravity flow, away from the building to a low spot in the landscape. A traditional founda- tion-drain system does not concern itself with the water after it leaves the drain outlet. Depending upon the location, this can involve very large quantities of water. Proper use of filter cloth or drain tile is necessary to prevent clogging of the drain lines. If designed in connection with a subsurface pipe system similar to a leach field, foundation drain water can be distributed over a larger area. Combined with ap- propriate landscaping, this can reduce or eliminate the need to use potable water for irrigation. Recommendations Praven Practices for�Superior Performance - ,' � New projects that employ fltration and membrane processes should provide afeasibility sum-x mary study of how these sources might be used. Cooling-tower Blowdown Evaluate the feasibility of reusing cooling-tower blowdown water for another purpose, such as diver- sion for compressors, vacuum pumps, and other equipment with water-cooled air-condenser units. A detailed analysis is beyond the scope of this section, but any such project should be closely coordinated with local stormwater and water-quality officials, since the type of cooling-tower water treatment will determine the quality of the blowdown water. Using blowdown water may offer a classic example of tradeoffs. In the section, "Thermodynamic Processes," achieving the maximum numbers of cycles of concentration was a goal. This was based on a stand-alone cooling-tower operation. In this case though, if the need for irrigation water exceeds blowdown volumes at the site, the designer may wish to consider reducing the cycles of concentration and, instead, choose treatment that will produce blowdown suited for irrigation purposes. This also avoids water-quality problems for streams receiving runoff from the property. The net benefits of using blowdown are that it makes use of all the water entering the tower, displaces potable water use for irrigation, and eliminates wastewater discharge from the tower. Another option is to use nanofiltration or RO to treat tower make-up water so that extremely high cycles of concentration can be achieved. Reject water can then be used for irrigation. r►��7 Alternate On-Site Water Source Watersmart Guidebook Recommendations ; Proven Practices for Superior Per, formance 4 � • New projects that emplay filtration and mern6rane processes should provid�� a feasibility sum- � mary study of how these sources might be used: On-site Treatment of Gray Water and Wastewater Gray water is defined in California law as "untreated waste water which has not come into contact with toilet waste. Gray water includes waste water from bathtubs, showers, bathroom wash basins, clothes- washing machines, and laundry tubs, or an equivalent discharge as approved by the Administrative Authority. It also does not include waste water from kitchen sinks, photo-lab sinks, dishwashers, or laundry water from soiled diapers," in Title 24 section 5 of the Code. The use of gray water or on-site treatment of wastewater for on-site reuse requires a project-by-project analysis and is beyond the scope of this document. However, many commercial projects have employed technologies ranging from sim- ply using septic tanks and near-surface dosing of the ei�luent for subsurface irrigation to the installation of full-capacity wastewater-treatment plants, followed by conventional landscape irrigation. Another example is treating ei�luent to a quality sufficient for toilet and urinal flushing. As an example, the 250-unit Solaire Apartments in Battery Park was a private-public partnership and is the first "green" residential high-rise building that incorporates advanced materials, energy conservation, and water reuse in an urban setting. The Solaire Apartments selected the ZENON Membrane Solutions proprietary ZeeWeed MBR (membrane bioreactor) process to treat, store, and reuse wastewater for toilet flushing, irrigation, and cooling towers. This approach reduces the fresh water taken from the city's water supply by more than 75 percent and significantly decreases energy costs, since less drinking water is pumped from the city's treatment plant and wastewater is not transferred to the city's wastewater treatment system. The system is the first on-site water-recycling system in the U.S. built inside a multi- family, residential building. Gray water from wash basins, bathing and showers, and laundry operations has also been considered. A primary concern is to involve health-department, code-enforcement, and stormwater-quality officials in the design and development of any project to ensure that all applicable environmental concerns are taken into account, that appropriate technologies are employed, and that regulations are met. Recommendations. %�� � ` �' ; Proven Practices far Supe�-ior Performance . :., � • New project� that employ fltration and membrane processes should provide a feasibility sum- ' mary study'ofhaw these sources might be used. '' 4 3� ` Multiple Sources Plumbing of rainwater, gray water, drain water, and blowdown from various sources to common end uses, like landscape irrigation, or non-potable indoor uses, such as toilet flushing, is not common, but is recommended. Cost effectiveness of such "hybrid" systems is improved by diversifying the sources of water and improving the consistency of water availability, since rainfall episodes, often the largest and most significant single source of water, are sometimes separated by long dry periods. ALT6 Watersmart Guidebook Alternate On-Site Water Sources Gray water generally does not contain fecal matter and, thus, can more easily be treated and reused on- site. Gray water requires simple filtration to remove suspended particles and, when stored, requires only treatments such as chlorination for odor or aeration for nutrients in the water. Recommendations Proven Practices for Superior Performance • Clarify in local ordinances the specific plumbing uses of alternative sources of water and their � relatianships to the potable-water system ALT7 Use alternatives to municipal drinking water for irrigation - landscapeforlife.org Page 1 of 6 • Contact • Resources • About landscapeforlife.org • Home • Soil • Water • Plants • Materials • Health You are here: Home / Water / Use alternatives to municipal drinking water for irrigation Use alternatives to municipal drinking water for irrigation Rain Barrel. Image credit: wikimedia commons With a little ingenuity, gardeners can use non-potable water from a variety of indoor and outdoor sources to irrigate their garden. Water that is non-potable is not safe for humans to drink but can be a great resource for vegetation. Such alternative water resources as rainwater runoff, air-conditioner condensate and greywater are typically considered waste products in conventional landscapes and quickly removed from the site. Sustainable landscapes capture this water and use it to benefit the garden. In doing so, downstream aquatic ecosystems are protected from pollutants commonly carried in stormwater. Further, the volume of water going to storm sewer systems is reduced, lessening the likelihood of flooding and combined sewer overflows. http://landscapeforlife.org/water/use-alternatives-to-municipal-drinking-water-for-irrigation/ 8/1/2013 Use alternatives to municipal drinking water for irrigation - landscapeforlife.org Page 2 of 6 � Rainwater collection Rainwater collection has been used for centuries to support households and grow beautiful, productive gardens. The practice typically falls into two categories, passive and active. Passive rainwater harvesting Passive rainwater harvesting diverts water overland to vegetated areas for immediate use. Roads, driveways and sidewalks are designed to direct water to vegetated areas instead of storm drains. Design features such as shallow bioswales or terraces can be integrated into the landscape and used to slowly convey and disperse the water throughout the garden. Active rainwater harvesting Rainwater cistern collecting water from a residential roof top. Image credit: US EPA Active rainwater harvesting captures water in a barrel, cistern or tank where it is held for reuse. The containers are typically manufactured in a variety of shapes and sizes and connected to the downspouts of the roof gutter system. Rain barrels generally hold around 50 gallons and come with a screened cover and an overflow spout. Cisterns are used to store larger volumes of water and may be buried below ground or integrated into the landscape or building design as a freestanding structure. Active rainwater harvesting is prohibited in some areas. Local water laws should be understood prior to designing a rainwater collection system. The amount of rainwater available for reuse varies with precipitation patterns and should be estimated for each month. Approximately 600 gallons (2271 L) of water can be collected for each inch (2.54 cm) of rain falling on a 1,000 ft2 (93 m2) of impervious catchment surface. It is important to note that all of the rain that falls on a surface will not be collected. Different surface materials and collection systems have varying rates of loss. For example metal roofs typically generate more runoff than asphalt shingles and some rain will overshoot the gutters during heavy rain events. When designing for rain water collection, materials and system components should be carefully selected to minimize waste. Air conditioner condensate http://landscapeforlife.org/water/use-alternatives-to-municipal-drinking-water-for-irrigation/ 8/1/2013 Use alternatives to municipal drinking water for irrigation - landscapeforlife.org Page 3 of 6 is produced when warm, moisture-laden air passes over the coils of an air-conditioning system. Collecting condensate is an attractive irrigation option because unlike rain, which is sporadic and unpredictable, condensate is produced regularly during the hottest months when the need for irrigation is greatest. To collect and reuse condensate, the water is simply piped and gravity fed or pumped to a storage cistern where it can be used for irrigation or other landscape purposes. A/C condensate is essentially distilled water that does not contain chlorine, minerals or other additives making it a high quality water source for irrigation. Rainwater harvesting and condensate recovery systems use similar tanks for storage and can be combined to create a more efiicient system and to reduce costs. The average single-family home produces 5 to 10 gallons of condensate per day. Condensate recovery systems are best suited to hot and humid climates. Image credit: Microsoft images http://landscapeforlife.org/water/use-alternatives-to-municipal-drinking-water-for-irrigation/ 8/1/2013 Greywater collection Use alternatives to municipal drinking water for irrigation - landscapeforlife.org Page 4 of 6 : A variety of appliances and fixtures produce used water called greywater. An estimated 50 to 80 percent of residential "wastewater" is dish, shower, sink and laundry water. Many people find greywater an attractive option because it provides a steady water source year round and saves potable water resources. Greywater can be safely used to grow beautiful gardens, however due to the soaps, detergents, skins cells and other organic substances commonly found in the greywater, direct human contact should be avoided. Landscape characteristics that may prevent the use of greywater include: • Areas prone to water ponding or flooding • High water tables • Shallow soils • Steep slopes that may lead to runoff or seepage A typical U.S. household generates an average of 35 gallons of greywater per person per day (Roesner, Qian et al. 2006). Greywater is most often recommended for subsurface irrigation of non- food plants. Greywater systems vary from simple and low-cost to complex and costly. Systems can be designed to convey greywater directly from the source to the landscape, or plumbed to capture, treat and temporarily store greywater for later reuse. The simplest way to collect greywater is to plug the drain and employ a bucket to transport bath or shower water for use outdoors. Another common practice (but illegal in some locations) is to drain the washing machine directly onto outside vegetation. Sophisticated systems involve separate plumbing for greywater as well as settling tanks and sand filters to remove solids and pathogens. The quality of greywater depends on the source of the water and how it has been used. The alkalinity of the soil can be increased by sodium, potassium and calcium salts commonly found in greywater. High salinity can damage soil structure and limit the ability of roots to absorb water. Applying greywater over a broad area will help avoid the buildup of harmful substances. http://landscapeforlife.org/water/use-alternatives-to-municipal-drinking-water-for-irrigation/ 8/1/2013 Use alternatives to municipal drinking water for irrigation - landscapeforlife.org Page 5 of 6 Cenzio or Sage (Leucophylum frutescens) is an example of a colorful shrub that grows well when irrigated with greywater. Image credit: Sally and Andy Wasowski Rain and fresh water irrigation can help flush the soil and reduce the concentration of salt and other chemicals. Landscape friendly detergents and other cleaning agents are commonly used in households with greywater systems to minimize any negative impacts. Shade loving and plants that grow in acidic soils such as rhododendrons, hydrangeas or camellias typically do not do well when irrigated with greywater due to its high pH. Plants that grow well in alkaline soils are commonly recommended and vegetation irrigated with greywater should not be overly sensitive to elevated concentrations of salts. In general, seedlings and young plants tend to be more sensitive to elevated salinity than well-established vegetation. Plants that are especially sensitive to high levels of salts include crepe myrtle, redwoods, star jasmine and hollies. Plants that commonly do well when irrigated with greywater include oleander, bougainvillea, rosemary, oaks, agapanthus and juniper. Note on State And Local Regulations States and local governments regulate greywater differently. Some prohibit the collection of greywater entirely. You will need to investigate what applies in your area. A list of some states and municipalities with greywater policies can be found here: (www. oasisde si�n. net/�revwater/law/index. htm) In regions where greywater use or rainwater harvesting is not a legal option, homeowners can educate local officials on the benefits of water reuse and encourage policy changes. Use water-thrifty irrigation practices Conventional irrigation practices waste a lot of water. Watering with traditional sprinklers or when it is hot or windy leads to water loss through evaporation. Watering too quickly or too much leads to runoff and excessive water waste. About Landscape for Life Landscape For Life shows you how to work with nature in your garden, no matter where you live, whether you garden on a city or suburban lot, a 20—acre farm, or the common area of your condominium. Teaching this Series Landscape for Life includes a complete kit of teaching resources which can be used to conduct classes in sustainable home gardening. Materials available on this site include a downloadable, illustrated teacher's manual and four slide presentations that illustrate the curriculum. Learn more now! http://landscapeforlife.org/water/use-alternatives-to-municipal-drinking-water-for-irrigation/ 8/1/2013 Use alternatives to municipal drinking water for irrigation - landscapeforlife.org Page 6 of 6 � �, Sustainable Sites Initiative The Sustainable Sites InitiativeTM (SITESTM) is an interdisciplinary effort to create voluntary national guidelines and performance benchmarks for sustainable land design, construction and maintenance practices. Return to top of page Copyright �O 2013 • Magazine Theme on Genesis Framework • WordPress • Lo� in http://landscapeforlife.org/water/use-alternatives-to-municipal-drinking-water-for-irrigation/ 8/1/2013 July 18, 2013 Honorable Jan C. Harnik and Palm Desert City Council Members 73-510 Fred Waring Drive Palm Desert, California 92260 Dear Mayor Harnik and Palm Desert City Council Members: Re: Support of an Ordinance Regulating Single-Use Plastic Bags We, the members of your Palm Desert Citizens' Sustainability Committee, would like to request your support on an important issue concerning the City and the entire Coachella Valley. In September 2011, the City Council directed staff and the Citizens' Sustainability Committee to research the effects of single-use plastic bags on our environment. Since then, we have found an incredible urgency for the City of Palm Desert to join the 73 other California cities to regulate single-use plastic bags. The negative impact of single-use plastic bags is well-documented. Plastic bags and plastic film together represent 2.2 percent of the waste stream and these bags take more than 1,000 years to breakdown. According to the California lntegrated Waste Management Board, it costs Californians $25 million to dispose of the 19 billion single- use bags used in the state annually. The average person uses 500 of these plastic bags every year, most of which never get recycled. As you know, there have been several attempts at the State level to ban plastic bags, but all have failed. We are dubious that one will pass in the near future. However, after speaking with the other Coachella Valley cities, it became clear that the only way for a Plastic Bag Ordinance to pass, is if it was passed Valley-wide. No city is willing to take a leadership position and be the first to pass such a policy. Other cities have shared our interest through our discussions with City of Indio and City of Palm Springs. In a joint effort with the Sustainability Commission of City of Palm Springs, we have drafted a policy to regulate single-use plastic bags. Based on the best policy items from other California cities, this draft is a straight-forward approach to eliminating plastic bags in the Coachella Valley. In addition, this policy has received the Honorable Jan C. Harnik and Palm Desert City Council Members Page 2 of 2 July 18, 2013 support of Grocers Association, as well as the endorsement of area non-profits including the US Green Building Council. Unfortunately, the Coachella Valley Association of Governments (CVAG) has failed to take action or leadership on this issue. As it now stands, the only reasonable way to pass an ordinance in Palm Desert is to pass it valley-wide, and the only way to pass it valley-wide, is to get all of the nine cities to support it. In the past, the City of Palm Desert has been the valley's environmental leader on issues such as our recycling programs, PACE program, higher water standards, and waived fees on solar permits. So we would like to formally request that you send out a letter of support to your fellow Coachella Valley Mayors. We have enclosed a draft of that letter, along with our current draft policy and letters of support. Thank you for considering the Committee's request. Our hope is that your show of support will help push the other cities to adopt this policy and join the 73 other cities in California who have eliminated plastic bags. Sincerely, � � SIGNED, REPRESENTATIVES OF CITY OF PALM DESERT CITIZENS' SUSTAINABILITY COMMITTEE, PLASTIC BAG SUBCOMMITTEE: Eric Corey Freed, Member Dean Gatons, Member � Bruce Kassler, Member Robert Leo, Chair cc: Tony Bagato, Principal Planner �I [Date] [The Honorable Full Name] [Address] [City], California [Zip] Dear Mayor [Surname]: Re: Support of an Ordinance Regulating Single-Use Plastic Bags Like you, I am concerned with the environmental impact that single-use plastic bags are having on our beautiful Coachella Valley. Because of this, we, the City Council for Palm Desert, directed our staff and Citizens' Sustainability Committee to research the effects of single-use plastic bags on our environment. Since then, we have found an incredible urgency to join the 73 other California cities to regulate single-use plastic bags. The negative impact of single-use plastic bags is well-documented. Plastic bags and plastic film together represent 2.2 percent of the waste stream and these bags take more than 1,000 years to breakdown. According to the California lntegrated Waste Management Board, it costs Californians $25 million to dispose of the 19 billion single- use bags used in the state annually. The average person uses 500 of these plastic bags every year, most of which never get recycled. As you know, there have been several attempts at the State level to ban plastic bags, but all have failed. We are dubious that one will pass in the near future. No City Council wants to stand alone so I am writing to request you join me in your support for a Coachella valley-wide plastic bag ordinance. In a joint effort with the Sustainability Commission of City of Palm Springs, we have drafted a policy (enclosed) to regulate single-use plastic bags. Based on the best policy items from other California cities, this draft is a straightforward approach to eliminating plastic bags in the Coachella Valley. In addition, this policy has received the support of the Grocers Association, as well as the endorsement of area non-profits including the US Green Building Council. Regulating Single-Use Plastic Bags Page 2 of 2 [Date] So, at the request of the Palm Desert Citizens' Sustainability Committee, I am writing to request your support by putting this forth to your City Council for review and adoption. I am happy to share all of the research and information gathered by our Citizens' Sustainability Committee. Thank you for considering my request. Our hope is that your show of support will help push the other cities to adopt this policy and join the 73 other cities in California who have eliminated plastic bags. 5incer JAN C MAYO ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING CHAPTER 6.04 OF TITLE 6 OF THE PALM SPRINGS MUNICIPAL CODE GOVERNING HEALTH AND SANITATION TO ADD A SECTION RELATING TO A BAN OF SINGLE-USE CARRYOUT PLASTIC BAGS AND PROHIBIT THE FREE DISTRIBUTION OF RECYCLED PAPER BAGS, BY RETAIL ESTABLISHMENTS, TO BE EFFECTIVE SEPTEMBER ??, 2013 WHEREAS, about nineteen billion (19,000,000,0000) single use bags are used annually in California but less than 5% are recycled; and WHEREAS, about twenty-two million (22,000,000) single use carry out bags are distributed by retail establishments in the City each year; and WHEREAS, most of these single use carry out bags are made from plastic or other material that does not readily decompose; and WHEREAS, numerous studies have documented the prevalence of single use plastic carry out bags littering the environment and blocking storm drains; and WHEREAS, the City tax payers must bear the brunt of clean up costs; and WHEREAS, the City Council of the City of Palm Springs has adopted the City of Palm Springs Path to a Sustainable Community to ensure the health of the environments and its constituents; and WHEREAS, the City Council of the City of Palm Springs is the decision- making body for the approval and adoption of this Ordinance; and WHEREAS, this ordinance requires stores that decide to make recycled paper carry out bags available to pass-through to their customers the reasonable cost of providing bags; 1 WHEREAS, based on this analysis, the City has determined that a minimum cost pass- through of $0.10 per paper bag would cover the reasonable cost to a store of providing the paper bags to its customers; and WHEREAS, other jurisdictions have imposed paper bag fees on the customers requesting these bags and these fees have proven very effective at generating a major shift in consumer behavior toward the use of reusable bags and significantly reducing bag consumption; and WHEREAS, the proceeds from the collection of the paper bag pass-through would be retained by the retailer and this ordinance does not specify how the retailers must expend the monies collected; and WHERAS, customers can avoid this cost pass-through by using reusable bags; and WHEREAS, no portion of the cost pass-through will be provided to the City and consequently, the City will not receive any revenues from the retailers' collection of the paper bag pass-through; and WHEREAS, therefore, the cost pass-through is not a fee subject to Proposition 26; and WHEREAS, a paper bag cost pass-through is an essential element of the proposed ordinance as it is intended to provide a disincentive to customers to request paper bags when shopping at regulated stores and to promote a shift towards the use of reusable bags by City of Palm Springs consumers; and WHEREAS, there are several alternatives to single use carry out bags readily available in the City, including reusable bags produced locally from sustainable materials; and WHEREAS, an important goal of the City's Sustainable Plan is to procure and use sustainable products and services; and WHEREAS, it is the City's desire to whenever possible conserve resources, reduce the amount of greenhouse gas emissions, waste, and to protect the public health and welfare including local wildlife, all of which increase the quality of life for City of Palm Springs' residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PALM SPRINGS: 2 City Attorney's Summary This Ordinance adds Section ?? to Chapter 6.04 of Title 6 of the Palm Springs Municipal Code and establishes a program for limiting the use of single-use carryout plastic bags. The Council of the City of Palm Springs ordains: SECTION 1. Chapter 6.04. of Title 6 of the Palm Springs Municipal Code is hereby amended by adding a new Section to be numbered and entitled and to read as follows: CHAPTER 6.04 SECTION USE OF SINGLE-USE CARRYOUT PLASTIC BAGS 6.04. Findings and Purpose 6.04. Penalties and Enforcement 6.04. Definitions 1 6.04. Appeal ?? 6.04. Public Nuisance 6.04._ Reserved- Prohibitions and Exemptions?? 6.04._ Reserved- Recordkeeping and Inspection?? 6.04._ Modification, Suspension and/or Revocation of Validly Issued Permit and/or License 6.04. Additional Penalties 6.04 Operative Date 3 6.04. Findings and Purpose A. The City Council of the City of Palm Springs finds and determines that the City is committed to protecting the public health, safety, welfare, and environment, and that in order to meet these goals, it is necessary for the City promote the public purposes served by this Chapter and adopt the following regulations pursuant to these findings. B. The City finds that ordinances limiting the use of single-use carryout plastic bags have been proven to reduce the amount of pollution and improves quality of life for the citizens of Palm Springs. C. The City finds that, except in unusual circumstances, it is feasible and reasonable for parties who provide single-use carryout plastic bags can easily transition to paper bags and move to a model that charges for paper bag use by consumers. D. The City of Palm Springs recognizes that plastic bags are a public nuisance and affect public health and impacts tourism and quality of life to both residents and visitors in Palm Springs. 6.04. Penalties and Enforcement � � A. The City Manager, or his/her designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with the Chapter, including, but not limited to, inspecting any Retail Establishment's premises to verify compliance. B. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine. C. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter. D. Administrative enforcement of this Chapter shall proceed pursuant to Title ?? of the Palm Springs Municipal Code, with the fines to be graduated for repeat violations in amounts set forth by City Council resolution. E. Each violation of this Chapter shall be considered a separate offense. F. The remedies and penalties provided in this Section are cumulative and not exclusive, and nothing in this Chapter shall preclude any person from pursuing any 4 other remedies provided by law. G. Notwithstanding any other provision of this Chapter, commencing on ??September 1, 2013, this Chapter may be enforced through any remedy as provided for in this Section. Prior to ??September 1, 2103, this Chapter shall not be enforced. 6.04. Definitions A. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake project within the City. B. "Compliance Official" means the City Manager or his/her designee, including an agent acting on behalf of the City, assigned to evaluate, and determine compliance or non-compliance with this Chapter. C. "Customer" means any Person obtaining goods from a Retail Establishment. D. "Exempt" means projects described by the criteria outlined in Section ?? that are exempt from the requirements of this Chapter. E. "Store" means any of the following retail establishments located within the City limits of the City of Palm Springs: (1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; (2) A store of at least 10,000 square feet of retail space that sells any perishable or non- perishable goods including, but not limited to clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code); or (3) A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that 5 includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control; or (4) A store of less than 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to, clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code). F. "Nonprofit Charitable Reuser" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials. G. "Paper Bag Cost Pass-Through" means the cost which must be collected by retailers from their customers when providing a Recycled Paper Bag. H. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. I. "Pharmacy" means any retail store, where prescriptions, medications, controlled or over the counter drugs, personal care products or health supplement goods or vitamins are sold, but excluding any licensed pharmacy located within a hospital. J. "Prepared Food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. Prepared Food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed. K. "Public Eating Establishments" means a restaurant, take-out food establishment, or any other business that receives ninety percent (90%) or more of its revenue from the sale of Prepared Food to be eaten on or off its premises. L. "Recycled Paper Bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled content; is one hundred percent (100%) recyclable; and has printed in a highly visible manner on the outside of the bag the words "Reusable" and "Recyclable," the name and location of the manufacturer, and the 6 percentage of post-consumer recycled content. The Recycled Paper Bag is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Material (ASTM) Standard Specification for Compostable Plastics D6400, as published in September 2004. M. "Retail Establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the Customer; and is located within or doing business within the geographical limits of the City of Palm Springs. Retail Establishment does not include Public Eating Establishments or Nonprofit Charitable Reusers. N. "Reusable Bag" means a bag that has handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) is machine washable or is made of material that can be cleaned or disinfected; (2) has a minimum lifetime of one hundred twenty-five (125) uses, which for purposes of this subsection, means the capability of carrying a minimum of twenty-two (22) pounds one hundred twenty-five (125) times over a distance of at least one hundred seventy-five (175) feet; (3) is made of a plastic that is at least two and one-quarter (2.25) mil thick; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts, as defined by applicable State and Federal standards and regulations for packaging or reusable bags. O. "Single-Use Carryout Plastic Bag" means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment.. Single-Use Carryout Plastic Bags do not include bags without handles provided to the Customer (1) to transport produce, bulk food, or meat from a produce, bulk food, or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Paper Bag. 6.04. Public Nuisance A violation of this chapter by any person responsible for committing, causing or maintaining such violation, shall constitute a public nuisance which shall be subject to the provisions of Chapter ?? of the Municipal Code, including but not limited to the 7 imposition of any and all administrative fines and the provisions of any other applicable regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. 6.04. (Reserved) Prohibitions and Exemptions A. No Retail Establishment, to include grocery store or pharmacy, shall provide a Single-Use Carryout Plastic Bag to a Customer, at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this Section. B. No person shall distribute a single-use carryout plastic bag at any City facility, City-managed concession, City-sponsored event, or City-permitted event unless otherwise provided in this Section. C. No person shall distribute a single-use carryout plastic bag at the Palm Springs Farmer's Market. Single-use carryout plastic bags may be distributed to customers by food providers for the purpose of safeguarding health and safety during the transportation of prepared take-out foods and liquids intended for consumption away from the food provider's premises. D. On or before ?? December 31, 2013, a Retail Establishment may make available for sale to a Customer a Recycled Paper Bag for a minimum charge of ten cents ($0.10). E. Notwithstanding the Section, no Retail Establishment may make available for sale a Recycled Paper Bag unless the amount of the sale of the Recycled Paper Bag is separately itemized on the sale receipt. F. A Retail Establishment may provide a Customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2(commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; and a Customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one (1) or more Recycled Paper Bags at no cost. 6.04. (Reserved) Recordkeeping and Inspection E:3 Every Retail Establishment shall keep complete an accurate record or documents of the purchase and sale of any Recycled Paper Bag by the Retail Establishment, for a minimum period of three (3) years from the date of purchase and sale, which record shall be available for inspection at no cost to the City during regular business hours by any City employee authorized to enforce this Part. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the Retail Establishment address. The provision of false information including incomplete records or documents to the City shall be a violation of this Section. 6.04. Modification, Suspension and/or Revocation of Validly Issued Permit and/or License Repeated infractions can be charged as a misdemeanor � 6.04. Severability The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. 6.04 Operative date. A. Stores defined in subsections (E), (E)(1), (E) (2) and E(3) of Section 5.38.010 shall become subject to this Chapter on DATE (Six Months from date of passage) . B. Stores defined in subsection (J)(4) of Section 5.38.010 shall become subject to this Chapter on (One Year from Date of Passage) DATE � SECTION 2. This ordinance shall become effective on the thirty-first day following passage. ADOPTED THIS DAY OF , 2013. STEPHEN P. POUGNET, MAYOR ATTEST: �� JAMES THOMPSON, CITY CLERK � CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on , 2013, and adopted at a regular meeting of the City Council held on , 2013 by the following vote: AYES: NOES: � ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Zo 641926.1 CITY OF PALM DESERT REUSABLE BAG PROMOTIONAL PROGRAM The City of Palm Desert intends to implement a promotional program to educate and encourage its residents and businesses to reduce/eliminate the use of single-use shopping bags. This program serves to conserve resources, reduce landfill waste, reduce plastic bag litter, and protect the environment through the eventual elimination of single-use bags. We strive to implement a successful program through encouragement, education and engagement. Below are some suggested strategies for consideration. PHASE 1 1) Reusable bag give-away — City to purchase recycled, washable bags for distribution to Palm Desert residents from various locations such as City Hall, Visitor Center, special events, farmers market, etc. 2) Reusable bag purchase program - The City could make available one free bag to residents and make additional bags available at a reduced rate (sell from Visitor Center) to assist with cost recovery. 3) Develop a page on the City's e-gov website educating people on the negative effects of single- use bags, encouraging the reduction of single-use shopping bags, and opportunities for getting involved. Page could include a listing of partner businesses. 4) Include an article in the Brightside and distribute press releases at the launching of the program. 5) BYOB — bring your own bag: utilize this slogan when appropriate. ADDITIONAL CONCEPTS FOR FUTURE CONSIDERATION • Purchase of refrigerator magnets and/or stickers for distribution as a reminder to BY06 "bring your own bag" • Signage at grocery stores • Encourage stores to exchange deteriorating reusable bag for new reusable bag • Purchase of bag related children's activity books to use as hand-outs at events and schools • Production and airing of Recycle Binney commercials promoting use of reusable bags • Partner with Certified Farmer's Market and COD Street Fair to distribute/sell reusable bags BUDGET Reusable post consumer recycled PET shopping bags 10,000 each $62,000