7-Eleven, Inc.

Via E-Mail Keith Jones Sr. Director, Government Affairs Direct Dial: 972-828-7804 Mobile: 214-415-2993 Fax: 972-828-8982 Email: keith.jones@7-11.com The Honorable Jamie McLeod Chair, Recycling and Waste Reduction Commission of Santa Clara County 1553 Berger Drive, Building #1 San Jose, CA 95112 Dear Council member McLeod: Nearly, 100 7-Eleven Franchisees own and operate103 stores in Santa Clara County. Recently, they asked customers to sign petitions opposing your proposed 25 cent tax on carry out bags. I would like to submit for the record our receipt of 2,755 letters of opposition to the proposed single-use bag tax proposal. These are all from citizens – and consumers – of Santa Clara County and were collected in only 1 week. We believe these reflect widespread opposition from the public to this proposal, and we are confident that this number would be significantly much higher in a longer collection effort. We are members of a broad coalition that oppose the single-use bag tax proposal but support effective pro-environment policy alternatives that focus on recycling, public education, and litter abatement and enforcement efforts. I would like to reiterate the strong interest of our coalition in working with you and your colleagues on a countywide policy that is effective and supported by the entire community. Sincerely, Keith Jones Sr. Director, Government Affairs 7-Eleven, Inc. cc: Honorable Members of the Recycling and Waste Reduction Commission

One Arts Plaza / 1722 Routh Street, Suite 1000 / Dallas, TX 75201-2506 Mailing Address: P.O. Box 711 / Dallas, TX 75221-0711

972-828-7011

February 18, 2009 The Honorable Jamie McLeod Chair, Recycling and Waste Reduction Commission of Santa Clara County 1553 Berger Drive, Bldg. 1 San Jose, CA 95112 Dear Chairwoman McLeod: Since December, many cities within Santa Clara County have considered and commented on the proposed single-use bag fee model ordinance. As you know, two cities have officially rejected the bag fee proposal, and substantial opposition from the community and elected officials remain in many other cities. Nevertheless, we would like to again express our coalition’s strong desire to work as community partners with other stakeholders, county staff, and the Commission to formulate a single-use bag policy that would reduce bag litter and disposal, increase recycling of these products and garner the support of a broad range of stakeholders. We believe that we can move forward in the spirit of cooperation and work together on waste reduction, recycling improvements, public education, litter abatement, and litter enforcement. We urge the Commission to table further discussion on a model bag fee ordinance and look forward to possibly working collaboratively on policies that make sense environmentally and economically. Sincerely, Mark Arabo Amalia Chamorro President Director, Local Government Affairs Neighborhood Market Association California Restaurant Association Ted Costa John Handley Chief Executive Officer Government Relations Director People’s Advocate, Inc. California Independent Grocers Association Keith Jones Ryan Kenny Senior Director, Government Affairs Manager, State Affairs and Grassroots 7-Eleven Convenience Stores Progressive Bag Affiliates of the American Chemistry

Council cc: The Honorable Members of the Recycling and Waste Reduction Commission of Santa Clara County

December 9, 2008

County of Santa Clara

1553 Berger Drive, Bldg. 1

San Jose, CA 95112

Attention: John Howe, Chairman of Recycling and Waste Reduction Commission of Santa Clara

County and Ken Yeager, County of Santa Clara; Jamie McLeod, City of Santa Clara; Lisa Rose,

Santa Clara County; Ronit Bryant, City of Mountain View; Kansen Chu, City of San Jose; Jose

Esteves, City of Milpitas; Steve Glickman, Town of Los Gatos; Cat Tucker, City of Gilroy; and

Kris Wang, City of Cupertino

Dear Commissioners:

The Gilroy Chamber of Commerce Board of Directors is sending this letter to oppose the

proposed ordinance which is written to impose fees on all single-use carry-out bags for the

unincorporated county.

The approach being taken by the Recycling and Waste Reduction Commission of Santa

Clara County is counter-productive to the efforts our communities are already working on to

reduce waste. Several recurring concerns have emerged involving the propriety of government

mandates and creating another layer of bureaucracy which would more likely result in an

administrative nightmare for the County and the business community before providing desired

benefits to the environment.

The Gilroy Chamber of Commerce representing over 650 businesses strongly suggests

that the segment of the population most impacted -- the business community – needs to be at the

table for two-way discussion and consensus building.

The public is making more responsible and informed decisions regarding purchasing and

daily routines. As we continue to make conscious choices in how we change our behaviors,

government has an opportunity to be a partner in the solution – that will only happen by

government understanding the broad perspective of issues.

Sincerely,

Susan Valenta

President/C.E.O.

Cc: Supervisor Don Gage

CC: Mayor Al Pinheiro

350 Frank H. Ogawa Plaza, Suite 900 Oakland, CA 94612-2016

t. 510.452.9261 f. 510.452.9266

saveSFbay.org

April 17, 2009 Jamie McLeod, Chair Recycling and Waste Reduction Commission of Santa Clara County 1553 Berger Drive, Bldg. 1 San Jose, California 95112 RE: Reducing Harmful Bag Litter Dear Chair McLeod and members of the Commission:

Save The Bay strongly urges the Recycling and Waste Reduction Commission to lead the county-wide effort to dramatically reduce litter and waste by recommending an immediate fee or ban on single-use bags.

Californians use an estimated 19 billion plastic bags per year. Only five percent of these are recycled. Many more find their way to our creeks, Bay and ocean, where they entangle, suffocate and kill seals, birds, sea turtles and other marine life.

This recommendation will help Santa Clara County residents make the switch to re-useable grocery bags and keep plastic bags out of the Bay. A fee on single-use bags that consumers see itemized on their bill is a proven way to get people to switch to re-usable bags. In Ireland, a 33 cent fee on plastic bags reduced their use by almost 90 percent.

Plastic bags are a major component of urban litter. These bags are blown into the gutters and collect in our storm drain system, eventually making their way out to the ocean. It is estimated that 60–80% of all marine debris, and 90% of floating debris is plastic.1 Trash, and especially plastic debris, is accumulating in unprecedented amounts, threatening fish, seals, sea birds and other wildlife in our Bay and ocean. Marine debris has injured or killed at least 267 species world-wide, primarily through ingestion and entanglement. California taxpayers spend approximately $25 million every year to collect and landfill the 19 billion plastic bags used every year.2 Unfortunately, these bags are rarely recycled; the California Integrated Waste Management Board estimates that less than 5% of all single use plastic bags in the state are actually recycled.3 Instead, local agencies spend millions more to dispose of plastic bags and clean-up discarded plastic bags. Paper bags are not a sustainable solution. They carry their own cost in resources and carbon emissions from production. Rather, a bag fee ordinance provides the best solution by encouraging

1 M. Gordon (2006).“Eliminating Land-based Discharges of Marine Debris in California: A Plan of Action from The Plastic Debris Project.” Prepared for the California Coastal Commission. 2 California Integrated Waste Management Board, www.ciwmb.ca.gov/lgcentral/basics/plasticbag.htm. 3 Id.; US EPA 2005 Characterization of Municipal Solid Waste, Table 7.

Save The Bay 4/17/2009

2

consumers to re-learn the habit of bringing their own re-useable bags. Previous generations and many people around the world maintain the habit of using cloth bags for groceries and purchases.

Single-use bags are not free. The cost is passed on from the retailer to the consumer in increased food prices. Representing over 25,000 members and supporters, and as the oldest and largest organization working to protect and restore San Francisco Bay, we urge you to recommend the adoption of a single-use bag fee. Sincerely,

Executive Director

March 24, 2009 Jamie McLeod, Chair Recycling and Waste Reduction Commission of Santa Clara County 1553 Berger Drive, Bldg. 1 San Jose, California 95112 RE: Reducing Harmful Bag Litter Dear Chair McLeod and members of the Commission: The Sierra Club urges you to support the effort to dramatically reduce litter and waste by recommending the immediate county-wide enactment of a fee or ban on single-use bags. The Sierra Club is committed to helping our communities adopt cradle to cradle principles for the 21st century. Our zero waste policy emphasizes the need to change how we do garbage and one of the most effective strategies is to address problems upstream, where the waste is produced. There are a number of tools available including asking manufactures to provide recycling for their products to fees to cover the cost of handling waste. Local government doesn’t have to solve every problem but is well positioned to work with all the players in the market system. Everyone needs to step up to the plate to help solve the problem. Every day, tons of trash flow into our Bay and ocean from our roadways, urban creeks and storm drains. More than 250,000 pounds of trash was removed from Bay beaches and shorelines on Coastal Cleanup Day 2008. Most of that trash is harmful plastic. Since plastic does not biodegrade, it is accumulating in alarming quantities in our bays and oceans. The average Californian uses an estimated 400 plastic bags per year for a total 19 billion plastic bags per year statewide. The average use time of each plastic bag is 12 minutes. Many discarded bags find their way to our creeks, Bay and ocean where they harm wildlife. Plastic bags and other trash wash up on beaches, negatively impacting critical revenues from tourism and recreation. California taxpayers spend approximately $25 million every year to collect and landfill plastic bags. Local agencies spend millions more cleaning up plastic bag litter from streets, storm drains, and waterways, where they cause flooding and maintenance problems. Volunteers spend countless hours plucking dirty bags from neighborhood creeks.

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Despite a fifteen-year-long statewide effort to increase recycling of plastic bags, the California Integrated Waste Management Board estimates that less than five percent of all single use plastic bags in are actually recycled. Recycling firms have reported high costs associated with attempts to recycle plastic bags. These costs stem from work stoppages when bags jam equipment as well as from a poor market for the recycled material. The best solution is to help consumers make the switch to reusable bags. Extensive public education campaigns have failed to break our disposable bag habit. The most proven way to get people to switch to re-usable bags is to reveal the cost directly. The model ordinance proposed for Santa Clara County should be a fee on single-use bags that consumers see itemized on their bill. In Ireland, a 33-cent fee on plastic bags reduced their use by almost 90 percent in one year. Members of the public, along with Governor Schwarzenegger and state regulatory agencies, are increasingly aware and insistent that the problem of plastic trash in the marine environment requires prompt and aggressive solutions. The Regional Water Board recently approved listing 26 Bay water bodies as trash-impaired under the Clean Water Act. The Governor’s Ocean Protection Council approved an aggressive marine debris reduction strategy that recommends reducing plastic bag use through fees or bans. For either approach, it is imperative that the ban or fee be broad in scope, rather than restricted to particular categories of retailers, in order to succeed in changing consumer behavior. Santa Clara County is well-placed to be a leader in the effort to end our reliance on plastic bags. We hope to count on your leadership and support toward implementing this important step for the health of our communities and environment. Sincerely,

Melissa Hippard, Chapter Director

Santa Clara Valley Audubon Society

Founded 1926

22221 McClellan Road, Cupertino, CA 95014 * Phone: (408) 252-3747 * Fax: (408) 252-2850 email: scvas@scvas.org * www.scvas.org

April 2nd, 2009 Jamie McLeod, Chair Recycling and Waste Reduction Commission of Santa Clara County 1553 Berger Drive, Bldg. 1 San Jose, California 95112 RE: Reducing Harmful Bag Litter Dear Chair McLeod and members of the Commission: The Santa Clara Valley Audubon Society (SCVAS) and our 3,800 members urge you to lead the county-wide effort to dramatically reduce litter and waste by recommending a fee or ban on single-use bags. As a leader in the fight to protect our local habitats and ecosystems, along with our role in solving global climate change issues, SCVAS is committed to zero waste policy efforts. Santa Clara County doesn’t have to solve this problem but you can play a big part in the solution. Every day, tons of trash flow into our Bay and ocean from our roadways, urban creeks and storm drains. More than 250,000 pounds of trash was removed from Bay beaches and shorelines on Coastal Cleanup Day 2008. Most of that trash is harmful plastic. Since plastic does not biodegrade, it is accumulating in alarming quantities in our bays and oceans. The average Californian uses an estimated 400 plastic bags per year for a total 19 billion plastic bags per year statewide. The average use time of each plastic bag is 12 minutes. Many discarded bags find their way to our creeks, Bay and ocean where they harm wildlife. Plastic bags and other trash wash up on beaches, negatively impacting critical revenues from tourism and recreation. California taxpayers spend approximately $25 million every year to collect and landfill plastic bags. Local agencies spend millions more cleaning up plastic bag litter from streets, storm drains, and waterways, where they cause flooding and maintenance problems. Volunteers spend countless hours plucking dirty bags from neighborhood creeks. Despite a fifteen-year-long statewide effort to increase recycling of plastic bags, the California Integrated Waste Management Board estimates that less than five percent of all single use plastic bags in are actually recycled. Recycling firms have reported high costs associated with attempts to recycle plastic bags. These costs stem from work stoppages when bags jam equipment as well as from a poor market for the recycled material. The best solution is to help consumers make the switch to reusable bags. Extensive public education campaigns have failed to break our disposable bag habit. The most proven way to get people to switch to re-usable bags is to reveal the cost directly. The model ordinance proposed for Santa Clara

22221 McClellan Road, Cupertino, CA 95014 * Phone: (408) 252-3747 * Fax: (408) 252-2850 email: scvas@scvas.org * www.scvas.org

2

County should be a fee on single-use bags that consumers see itemized on their bill. In Ireland, a 33-cent fee on plastic bags reduced their use by almost 90 percent in one year. Members of the public, along with Governor Schwarzenegger and state regulatory agencies, are increasingly aware and insistent that the problem of plastic trash in the marine environment requires prompt and aggressive solutions. The Regional Water Board recently approved listing 26 Bay water bodies as trash-impaired under the Clean Water Act. The Governor’s Ocean Protection Council approved an aggressive marine debris reduction strategy that recommends reducing plastic bag use through fees or bans. For either approach, it is imperative that the ban or fee be broad in scope, rather than restricted to particular categories of retailers, in order to succeed in changing consumer behavior. Santa Clara County is well-placed to be a leader in the effort to end our reliance on plastic bags. We hope to count on your leadership and support toward implementing this important step for the health of our communities and environment. Sincerely yours,

Bob Power, Executive Director

March 30, 2009 Jamie McLeod, Chair Recycling and Waste Reduction Commission of Santa Clara County 1553 Berger Drive, Bldg. 1 San Jose, California 95112 RE: Reducing Harmful Bag Litter Dear Chair McLeod and members of the Commission: The Food Empowerment Project urges you to support efforts to reduce litter and waste in Santa Clara County by recommending a fee or ban on single-use bags. Unfortunately, plastic does not biodegrade and essentially lasts forever. It is up to cities to act now to ensure that we do not leave a legacy of plastic bags. Many of these bags end up in our oceans –so the pollution is not limited to the garbage on our streets, but goes much further than that. The good news is that an alternative already exists with reusable bags, so there is no need to wait for something to be invented. It is an obvious solution to help protect our planet. Please support city-wide efforts to enact a ban or even just a fee on plastic bags in Santa Clara County. Sincerely, lauren Ornelas Founder/Director

Myths vs. Facts Regarding Single Use Bag Bans and Fees

Myth: Recycling plastic bags is the best solution to addressing the litter problem. Fact: Plastic bag recycling is costly and just doesn’t work. Despite a 15-year statewide effort in California, recycling plastic bags has failed. The California Integrated Waste Management Board estimates that less than 5 percent of all single use plastic bags in the state are actually recycled.1 Plastic bags cost municipal recycling programs millions each year, when bags jam sorting equipment at recycling facilities. In San Jose, less than four percent of plastic bags are recycled and work stoppages from jammed bags cost the City approximately $1 million per year.2 Myth: Recycled plastic bags are a valuable commodity. Fact: The market for recycled plastic bags is small and unstable. At the moment, a single manufacturer, purchases 70 percent of the plastic bags recovered nationwide, to make outdoor decking.3 In 2008, Newsweek reported that the company lost $75 million in the previous year, raising questions about the long-term viability of the end market. Some curbside programs will take plastic bags if they are bundled, but the commodity is low grade and brings a low price, partly because it gets dirty during handling and transportation. Even the plastic bag industry doesn't use its own post-consumer material. Recyclers are sometimes forced to stockpile bales of bags or even pay to get rid of them.

Myth: Bans or fees on plastic bags will just push people to use more paper bags. Fact: With well-designed policies that address both plastic and paper bags, consumers will switch to reusable cloth bags. The legislation supported by Save The Bay and other advocates covers all single-use bags, both paper and plastic. This is a proven way to decrease the use of both kinds of bags in favor of reusable bags - which are inexpensive and long-lasting - ultimately saving retailers and consumers money. Every year in the U.S, consumers and retailers spend billions of dollars on excessive quantities of single-use bags that have an average use time of 12 minutes.4 Myth: A fee on plastic bags didn't work in Ireland. Fact: Ireland's bag fee dramatically reduced plastic bag usage and plastic bag litter. Ireland's Environmental Protection Agency submitted a letter to the San Jose City Council rebutting the American Chemistry Council’s (ACC) false claims about Ireland's bag fee. In this letter, Ronan Mulhall of the Waste Policy division confirms that plastic bag litter dropped by 93 percent and plastic bag use decreased by approximately 90 percent in the year following the Plastic Bag Levy. Ireland later increased their fee to approximately 33 cents (US). The Irish EPA reports that these dramatically lower levels of plastic bag use and litter are being maintained.5 Myth: Fees on single use bags will negatively impact low income people. Fact: No one has to pay the fee. A single-use bag fee is only charged if you do not bring your own bag. Lower income communities (some of the most blighted by plastic bag litter) are already paying for plastic bags through city taxes and increased food and retail prices. Every bag fee policy currently under consideration at the local and state level would either subsidize reusable bags for low-income residents or exempt low-income residents from paying the fees.

- more -

Myth: Single-use bag bans or fees are bad policy in this time of economic crisis. Fact: Reducing the use of single-use plastic and paper bags will save us all money. Retailers currently embed 2 to 5 cents per plastic bag and 5 to 23 cents per paper bag in the price of goods—adding $30 or more per person annually in hidden costs. In contrast, when consumers use reusable bags, retailers save money and can lower prices. Many grocers offer a 5-cent rebate for bringing your own bag, which can add up to about $60 in savings per year for an average family. Bags clog storm drains and recycling equipment, costing cities millions, and bag litter lowers property values and degrades recreational areas. In addition to the out-of-pocket cost passed on from the retailer to consumers, California taxpayers spend approximately $25 million every year to collect and landfill plastic bags.6 San Jose City staff estimates that it costs at least $3 million annually to clean plastic bags from creeks and clogged storm drains.7 Single-use bag production depletes resources and contributes to carbon emissions and global warming. We consume approximately 14 million trees8 and 12 million barrels of oil9 to produce the billions of plastic and paper bags we throw away in the United States every year. Myth: Plastic bag litter isn't really a problem for the environment. Fact: 1.37 million plastic bags were removed from coastal areas worldwide in one day last year. Plastic bags are the quintessential litter item: there are billions of them, they are used for a few short minutes, and they are light and easily transportable. Plastic trash entangles, suffocates, and poisons at least 267 animal species worldwide.10 According to the California Coastal Commission, up to 80 percent of all marine debris is plastic, which never biodegrades.11 Plastic bags were the second largest item of litter picked up by volunteers during the Ocean Conservancy's 2008 International Coastal Cleanup Day.12 It is estimated that one million plastic bags pollute the Bay every year. Scientists recently measured 334,271 pieces of plastic per square mile in the Great Pacific Garbage Patch.13 Myth: Education about responsible use and recycling of plastic bags will reduce litter. Fact: Unfortunately, public education hasn't worked, despite massive public investment. Huge amounts of money have been spent on public education about litter. One example is CalTrans' "Don't Trash California" campaign. Yet, we still see our highways coated in bags, cups, and cigarette butts. Every year on Coastal Cleanup Day, hundreds of thousands of pounds of recyclables, including bottles, cans and bags, are collected from shorelines. A fee on single use bags provides an incentive to consumers to change their behavior and switch to reusable bags.

### 1 California Integrated Waste Management Board www.ciwmb.ca.gov/lgcentral/basics/plasticbag.htm 2 Staff Report to City of San Jose Transportation and Environment Committee. February 2, 2009. 3 K. Bushnell, “Sustainable Consumption, Plastic Bags: What About Recycling Them?”, Sierra Club, http://www.sierraclub.org/sustainable_consumption/articles/bags2.asp 4 "Fighting the Tide of Plastic Bags in a World Awash with Waste" http://edition.cnn.com/2008/WORLD/asiapcf/07/13/eco.plasticbagwaste/index.html 5 R. Mulhall 2009. Waste Policy: Prevention and recovery. Letter to the City of San Jose, Environmental Services Department. 6 California Integrated Waste Management Board www.ciwmb.ca.gov/lgcentral/basics/plasticbag.htm 7 Staff Report to City of San Jose Transportation and Environment Committee. February 2, 2009. 8 Thompson, Anne. (12/31/1969). "Paper or Plastic, What’s the Greener Choice?" MSNBC http://www.msnbc.msn.com/id/18538484/. 9 Ned Potter, “Saving the World, One Plastic Bag at a Time”, ABC News, http://abcnews.go.com/Technology/Story?id=2935417&page=1, (March 8, 2007) 10 Laist, D. W., 1997. Impacts of marine debris: entanglement of marine life in marine debris including a comprehensive list of species with entanglement and ingestion records. In: Coe, J. M. and

D. B. Rogers (Eds.), Marine Debris -- Sources, Impacts and Solutions. Springer-Verlag, New York, pp. 99-139 11 M. Gordon 2006. Eliminating Land-based Discharges of Marine Debris in California: A Plan of Action from The Plastic Debris Project. Prepared for the California Coastal Commission. 12 "7M Pounds of Debris Collected in World’s Waterways", Brian Skoloff, Associated Press, March 10, 2009 13 Moore, C. J., S. L. Moore, M. K. Leecaster, and S. B. Weisberg, 2001. A comparison of plastic and plankton in the North Pacific Central Gyre. In: Marine Pollution Bulletin 42, 1297-1300.

350 Frank H. Ogawa Plaza, Suite 900 Oakland, CA 94612-2016

t. 510.452.9261 f. 510.452.9266

saveSFbay.org

March 18, 2009 Emy Mendoza Zero Waste Planner City of San Jose Environmental Services Department 200 E. Santa Clara Street, 10th Floor San Jose, CA 95113 Dear Ms. Mendoza, We appreciate the opportunity to comment on the proposal from the American Chemistry Council (ACC) for a partnership with the City of San Jose.

The ACC introduces its submission of a so-called "alternative policy" to San Jose’s single-use bag fee ordinance by proposing inaction as a precondition to partnership:

"Since significant industry resources would be provided amid this proposed sustained long-term effort, a program dedication period of at least two years would be needed before any alternate policies are considered."

It is insulting and inappropriate for the ACC to suggest that the city abandon its local policy analysis as a condition of partnership. San Jose should not enter into any partnership that suspends the city’s public process or subjugates the interests, rights and responsibilities of residents and elected officials. The bag fee ordinance that city staff refined through extensive stakeholder outreach is supported by a majority of residents (based on community input meetings) and has clear benefits for the health and livability of the city's neighborhoods, parks and playgrounds, urban creeks, shorelines and the Bay. The city should reject ACC’s proposed partnership because it would obstruct the city from completing a full analysis of the single-use bag fee policy.

The ACC’s partnership also inappropriately suggests that the City of San Jose support an extension of AB 2449, which expressly limits local municipal authority to enact ordinances that restrict the use of plastic bags. The ACC also has sponsored a bill in the California Assembly (AB 1141) that would forbid all local efforts to pass fees or bans on plastic bags. The City of San Jose should only consider entering into a substantive partnership with the ACC if the Council withdraws any requirement that the city table local efforts to enact a single-use bag fee, and suspends its legislative efforts to prevent the city from doing so. Then we would be pleased to offer suggestions that would improve the proposed partnership if it is considered independent of the city’s bag fee proposal.

Save The Bay 3/18/2009 2

As a stand-alone proposal, the partnership plan is difficult to evaluate seriously without the addition of critical details on the scope of its public outreach effort, quantitative audience goals, commensurate level of investment, and any matching funds requirements for the city beyond extensive expenditures in litter education already underway. The ACC could also detail exactly how much recycled content plastic bag manufacturers are willing to include in their products and on what timetable, starting from the current baseline of 0% average recycled content. Recycling plastic bags is not a solution to litter and its extensive impacts to our creeks, Bay and ocean. Recycling plastic bags has cost the city millions already and failed miserably despite statewide efforts. Even if a new way to effectively recycle bags was developed, it would only divert bags from landfills, not prevent litter. Preventing the excessive use of harmful products before they get into our storm drains and waterways is a more appropriate, cost-effective and permanent solution, which San Jose should continue its efforts to implement. Sincerely,

Laura Reinhard Policy Associate Save The Bay cc: Ryan Kenny, American Chemistry Council