City of Grass Valley City Agenda IIII11 it

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1 City of Grass Valley City Agenda IIII11 it Council Meeting Date: 4/22/14 Date Prepared: 4/16/14 Prepared by: Robert Richardson, City Manager Title: Council Discussion Regarding Single-Use Plastic Bag Restrictions Recommended Motion: That the City Council Discuss and Provide Direction to Staff Agenda: Administrative Background Information: The purpose of this discussion item is to determine if the City Council wishes to place a ban on the use of single-use plastic bags in Grass Valley, and if so, the type of restrictions desired. Should the Council wish to move forward with this issue, this discussion will provide the direction necessary to return with additional information or a proposed ordinance for review and adoption. With over 100 California cities and counties having adopted some form of single-use plastic bag ordinance there are a variety of ways which this ban has been addressed. Given that the City Council has reviewed the issue in the past and that there has been ample public testimony as to why many would like to see a ban on single-use plastic bags, this item will focus on the issues involved in developing an ordinance. However, to simplify the discussion, staff has provided some primary characteristics of these ordinances and several example ordinances for your review. Common Components to a Single-Use Plastic Bag Ordinance o Single-Use Plastic Bags Complete ban on their use based on other criteria contained within the ordinance. Cost for Paper Bags. Jurisdictions place a cost per recyclable paper bag in an effort cover the higher costs of these bags and to migrate shoppers over to multiple-use bags. The most common fee is ten-cents per bag with some jurisdictions as high as twenty-five cents. Reusable Bags Many ordinances require that reusable bags be sold at stores and that they charge an amount not less than the amount paper bags are sold for. Reusable bags can be defined as: "a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at/east 175 feet; (2) has a minimum volume of 15 liters; (3) is machine washable or capable of being cleaned and disinfected." Agenda Item #

2 rcity 4. I2 Grass Yf1 I tj City Council i!! Agenda Action Sheet Produce or Product Bag Exemption In most cases, there is an exemption on produce bags which means "any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items". Other Common Exemptions Some ordinances exempt restaurants, non-profits and dry-cleaners from their provisions. In addition, low income shoppers have been exempt from paper bag charges in some jurisdictions. Businesses Impacted There is a wide variance in the way cities have addressed which businesses will be impacted by the single-use ban. Some ban all retail establishments, others place the ban on types of businesses such as grocery stores and foodmarts, they can include store size and/or gross sales as part of the criteria; still others include a combination of several elements. In 2013, SB 405 Padilla lost by three votes in the Legislature. Today, SB 270 Padilla, an almost identical bill, is now being co-sponsored by two of those three votes. Some of the primary elements currently in the Bill include: - By July 1, 2015 grocery stores with sales of $2,000,000 & square footage greater than 10,000 will be restricted from single-use bags. - They may sell compostable paper bags at a cost of not less than ten-cents per bag. - By July 1, 2016 convenience food stores, foodmarts, etc., will be under the same restrictions. - After September 1, 2014, the State will preempt local agencies from establishing and/or amending Single-Use Bag Ordinances; with the exception of amendments to raise the cost of recyclable bags in excess of ten-cents per bag. Attachments A B C D E Overview of Current Ordinances Huntington Beach Ordinance Truckee Ordinance Letter from the California Grocers Association Draft ofsb27o Funds Available: No fiscal impact. Reviewed by: City Manager Agenda Item #

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4 Alameda County and City, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City The Alameda County Waste Management Authority (StopWaste.org ) adopted its ordinance banning plastic bags and placing a 10 cent price requirement on paper and reusable bags in January of It went into effect on January 1, 2013 in unincorporated Alameda County as well as its 14 incorporated cities. Arcata The City Council adopted a plastic bag ban with a ten cent charge per paper bag. The ban goes into effect in all retail stores February 1, 2014, with the charge going into effect August 1, Belmont Belmont adopted the Reusable Bag Ordinance in January of All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Brisbane The City adopted the San Mateo County s Reusable Bag Ordinance on March 18, All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Burlingame Burlingame adopted the San Mateo County s Reusable Bag Ordinance on March 18, All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Calabasas The Calabasas City Council unanimously adopted a plastic bag ban with a minimum ten cent price requirement on paper bags in February Campbell The City adopted the San Mateo County s Reusable Bag Ordinance on July 16, All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 1/27/14. Capitola In January 2013, the city adopted a plastic bag ban with a 25 cent charge on paper bags in all retail stores. Effective April Carmel-by-the-Sea Carmel adopted a plastic bag ban in all retail stores on July 3, It became operative February 3, Carpinteria Carpinteria adopted the first double bag ban in the state on March 12, Starting July 2012, large retailers as specified prohibited from distributing single-use paper and plastic bags. Starting April 2013, plastic bags banned in all other retail stores. Colma Colma Town Council adopted a Reusable Bag Ordinance on January 9, All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Culver City

5 On May 28, 2013, Culver City adopted a plastic bag ban and ten cent charge on paper bags in grocery, drug, and convenience stores. Effective 12/28/13. Cupertino Cupertino adopted a Reusable Bag Ordinance on March 5, All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 10/1/13. Daly City The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in January Operative 4/22/13. Dana Point The City of Dana Point adopted a ban on single-use plastic bags from all retail stores within city limits on March 6, Effective in larger stores April 1, 2013, and all other stores October 1, Davis The Council adopted a plastic bag ban on November 12, Paper and reusable bags would be available for a small charge. Effective in all stores and restaurants on July 1, East Palo Alto On April 2, 2013, the City of East Palo Alto adopted the San Mateo County s Reusable Bag Ordinance (ban on plastic bags and charge on paper/reusable bags in all retail stores). Effective October 2, El Cerrito On September 17, 2013, the City Council adopted a plastic bag ban with charge on paper/reusable bags in all retail stores. Operative January 1, Fairfax The Fairfax City Council adopted its ban on plastic bags August After a legal challenge by the plastics industry, Fairfax voters overwhelmingly adopted a plastic bag ban by initiative in November Fort Bragg Fort Bragg banned plastic bags and required a 10 cent paper bag charge in all retail stores. The ordinance was adopted May 14, Effective in large stores December 10, 2012, expanding to all other stores December Foster City Foster City adopted a Reusable Bag Ordinance on January 7, All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Glendale The City of Glendale adopted a bag ordinance in January of Similar to LA County s ordinance, it bans plastic bags and places a 10 cent charge on paper bags. Effective in larger stores and farmer s markets starting 7/1/13 and expanded to other covered stores 1/1/14. Half Moon Bay Half Moon Bay adopted a Reusable Bag Ordinance on March 5, All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Huntington Beach NA

6 Huntington Beach adopted a plastic bag ban with a 10 cent charge per paper bag on April 1, Applies to all grocery, drug, and convenience stores starting November 1, Laguna Beach In February 2012, the Laguna Beach City Council unanimously adopted a plastic bag ban in all retail stores. Grocery stores, pharmacies, and convenience/liquor stores must include a 10 cent minimum price requirement on paper bags distributed. Effective 1/1/13. Long Beach On May 17, 2011, the City of Long Beach passed a bag ordinance with a 5-0 vote. It banned single-use plastic bags and placed a 10 cent minimum price requirement on paper bags. The ordinance was operative in larger stores starting August 2011, and expanded to others stores in Los Altos The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in March Operative 7/4/13. Los Angeles City In June 2013, the LA City Council adopted a bag ordinance banning single-use plastic bags and placing a 10 cent charge on paper bags. Effective for large supermarkets in January 2014, and expanded to drug stores, convenience stores, and other supermarkets in July Los Angeles County Los Angeles County adopted an ordinance banning single-use plastic bags and placing a 10 cent minimum price requirement on paper bags in November The ordinance became effective for large supermarkets and retailers in July 2011, and expanded to other applicable stores in January of 2012 througout unincorporated County areas. Los Gatos In September 2013, the Los Gatos Town Council adopted a ban ordinance based on the San Mateo County ordinance (ban on plastic bags, initial 10 cent charge per paper or reusable bags in all retail stores). Effective 2/3/14. Malibu The Malibu City Council voted in May 2008 to ban plastic bags. Manhattan Beach The Manhattan Beach City council voted in July 2008 to ban plastic bags. The CA Supreme Court overturned a legal challenge to the ordinance in July 2011.The council modified the ordinance in Mann County Mann County Board of Supervisors voted unanimously in favor of an ordinance restricting the free distribution of single-use bags in January 2011, effective January Unincorporated County areas only. Mendocino County The County Board of Supervisors adopted a plastic bag ban with a ten cent paper bag charge on June 12, Effective in large stores in January 2013, and all other retailers in January Amendments to expand the ordinance to restaurants was adopted February 25, 2014, effective August 12, Unincorporated County areas only. Menlo Park lowz

7 Menlo Park adopted the Reusable Bag Ordinance (San Mateo County Ordinance) on January 22, All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 4/22/13. Mill Valley The City adopted a bag ordinance on October 21, Plastic bag ban with five cent charge on paper/reusable bags in grocery, convenience, and drug stores. Millbrae On February 14, 2012, the Millbrae City Council adopted a plastic bag ban with a 10 cent requirement on paper bags. The ordinance went into effect on September 1, 2012 in all retail establishments, except for restaurants, non-profits, and dry-cleaners. Monterey The Monterey City Council unanimously passed an ordinance on December 6, The ordinance bans plastic bags and places an initial 10 cent minimum price requirement on paper bags for the first year (25 cents after). Morgan Hill On October 2, 2013, the Morgan Hill City Council adopted a plastic bag ban with an initial ten cent charge per paper bag. Effective 4/22/14. Mountain View In December 2012, the City of Mountain View adopted a Reusable Bag Ordinance (San Mateo County Ordinance). Ban on plastic bags and charge on paper/reusable bags in all retail stores. Effective 4/22/13. Novato The City Council adopted a plastic bag ban and ten cent minimum charge per paper or reusable bag in March Effective in grocery, convenience, and drug stores. Ojai Ojai adopted a plastic bag ban on April 10, Grocery stores may distribute paper bags with 10 cent price requirement. Effective July 1, 2012 in all retail stores. Pacifica In December 2012, the City of Pacifica adopted a Reusable Bag Ordinance (San Mateo County Ordinance). Ban on plastic bags and charge on paper/reusable bags in all retail stores. Effective 4/22/13. Palo Alto In 2013, the Palo Alto City Council adopted an expansion of a 2009 ordinance to include all stores and restaurants under its plastic bag ban. Paper and reusable bags would be available with a minimum charge. Previously, the ordinance only applied to plastic bags at large supermarkets. Pasadena In November of 2011, the Pasadena City Council unanimously adopted a plastic bag ban with a 10 cent minimum price requirement on paper bags. Effective July 1, 2012 for large stores and supermarkets and December 2012 for convenience stores. Pittsburg On October 21, 2013, the Council adopted a bag ordinance, effective in all retail stores by 1/15/14. Plastic carryout bags are prohibited, and paper and reusable bags are allowed with a small charge. Portola Valley

8 The Town adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in January Operative 4/22/13. Redwood City The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in March Operative 10/1/13. Richmond The City adopted the first bag ordinance in Contra Costa County on July 16, All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective 1/1/14. San Bruno The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in January Operative 4/22/13. San Carlos San Carlos adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or reusables) in March Operative 7/1/13. San Francisco San Francisco became the first city in the nation to adopt a ban on plastic shopping bags in April In February of 2012, the Board of Supervisors voted to expand the ordinance to more stores. San Jose San Jose City Council voted and adopted a ban on single use plastic carryout bags in January The ban will extend to all retailers in the city, exempting restaurants and non-profit reuse organizations. It is effective January 1, For the first two years, paper bags will be sold under this ordinance at 10 cents each. San Luis Obispo County and City, Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach The San Luis Obispo County Integrated Waste Management Authority adopted a plastic bag ban with a 10 cent minimum price requirement on paper bags in January of It went into effect on 10/1/12 in all seven incorporated cities as well as unincorporated areas of the county. San Mateo City The City adopted a Reusable Bag Ordinance on May 6, Effective June 6, Plastic bag ban with a 10 cent charge on paper and reusable bags (increasing to 25 cents on 1/1/2015). San Mateo County The Board of Supervisors adopted a Reusable Bag Ordinance on November 6, Effective 4/22/13 in unincorporated County areas. Plastic bag ban with a 10 cent charge on paper and reusable bags (increasing to 25 cents on 1/1/2015). San Pablo The City adopted a plastic bag ban and 5 cent charge per paper or reusable bag (to increase to 10 cents after two years) on October 8, Effective 1/1/14 in all retail stores. San Rafael City council adopted a plastic bag ban with 10 cent charge per paper or reusable bag on 3/3/14. Effective in grocery, drug, and convenience stores starting 9/15/14. Santa Barbara City Mmid

9 A plastic bag ban and ten cent paper bag charge was adopted on October 15, Effective in supermarkets and drugstores in mid April 2014, and in convenience stores by 10/15/14. Santa Clara County On April 26, 2011, the County Board of Supervisors voted in favor of a single-use bag ordinance. The ordinance bans single-use plastic bags and places a 15 cent minimum price requirement on single-use paper bags throughout unincorporated county areas. It became effective January 1, Santa Cruz City The City Council adopted a plastic bag ban and 10 cent paper bag charge on July 24. Effective in all retail stores starting April Santa Cruz County On September 13, 2011, the County Board of Supervisors voted unanimously in favor of a single-use bag ordinance. It bans single-use plastic bags and places a 10 cent minimum price requirement on single-use paper bags throughout unincorporated county areas. Effective March 20, An expansion of the plastic bag ban to restaurants was adopted in October 2012 and went into effect April 22, Santa Monica The Santa Monica City Council unanimously voted for a ban on single-use plastic bags and a cost pass-through requirement per recyclable paper bag in January Visit their website for more information. Sausalito The City Council adopted a plastic bag ban and ten cent minimum charge per paper or reusable bag in March Effective in grocery, convenience, and drug stores. Solana Beach On May 9, 2012, Solana Beach became the first city in San Diego County to adopt a plastic bag ban. Paper bags can be purchased for ten cents each under the ordinance. Sonoma County Waste Management Agency (Sonoma City and County, Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Sebastopol, Windsor) The Sonoma County Waste Management Agency adopted a plastic grocery bag ban on February 19, Effective in all retail stores starting September 1, Paper grocery bags may be purchased for ten cents each. South Lake Tahoe On October 15, 2013, the City Council adopted a plastic bag ban in all retail stores and restaurants. First effective on 1/15/14, and effective in all stores by 10/15/14. South San Francisco In December 2012, the City of South San Francisco adopted a Reusable Bag Ordinance (San Mateo County Ordinance). Ban on plastic bags and charge on paper/reusable bags in all retail stores. Effective 4/22/13. Sunnyvale Sunnyvale passed a bag ordinance in December The ordinance bans single-use plastic bags and places a 10 cent minimum price requirement on paper bags and reusable bags which later increases. Starting June 20, 2012 it covers grocery and convenience stores and large retailers. Covers all retailers by March Truckee

10 The Town of Truckee adopted an ordinance banning single-use plastic bags on November 25, Effective in all retail stores June 1, Paper and reusable bags can be sold for ten cents each. Ukiah City Council adopted an ordinance on May 2, 2012 banning plastic bags and placing a 10 cent charge on paper bags in all retail stores. The ban is operative starting in large stores within six months of adoption. Walnut Creek In March of 2014, the Council adopted a plastic bag ban and 10 cent minimum paper bag charge in all retail stores and restaurants. Watsonville On May 8, 2012, Watsonville became the first city in Santa Cruz County to ban plastic bags in all retail stores. An initial 10 cent charge on paper bags is mandated to increase to 25 cents after the first year. West Hollywood City Council adopted a plastic bag ban with 10 cent paper charge on August 20, Effective in large stores in six months, all other retail stores in one year.

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12 E,Cfc7, E 7E: 474/ /, 2 3 O r U /3 ORDINANCE NO AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 5.95 REGULATING THE USE OF PLASTIC CARRYOUT BAGS AND RECYCLABLE PAPER CARRYOUT BAGS AND PROMOTING THE USE OF REUSABLE BAGS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add Chapter 5.95, said chapter to read as follows: Chapter 5.95 USE OF PLASTIC CARRYOUT BAGS AND RECYCLABLE PAPER Sections: Definitions Plastic carryout bags prohibited Permitted bags Regulation of recyclable paper carryout bags Use of reusable bags Exempt customers Operative date Enforcement and violation - penalty Severability No conflict with federal or state law Definitions. The following definitions apply to the use of these terms for the purposes of this chapter: a. "Customer" means any person or persons purchasing goods from a store. b. "Certified Farmer s Market" has the meaning provided in Section (a) of the Huntington Beach Municipal Code. C. "Operator means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store. d. "Person" means any natural person, firm, corporation, partnership, or other organization or group, however organized. e. "Plastic carryout bag" means any bag made predominantly of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is /92433docx S,IA

13 Ordinance No provided to a customer at the point of sale. Plastic carryout bag includes compostable and biodegradable bags but does not include reusable bags, produce bags or product bags. f. "Postconsumer recycled material means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. g. Produce bag or product bag" means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. h. "Recyclable" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. "Recyclable paper carryout bag" means a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) postconsumcr recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; (4) is accepted for recycling in curbside programs in the City; (5) has printed on the bag the name of the manufacturer, the location where the bag was manufactured, and the percentage of postconsumer recycled material used; and (6) displays the word "Recyclable" in a highly visible manner on the outside of the bag. j. Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of one hundred twenty-five (125) uses, which for purposes of this Section, means the capability of carrying a minimum of twentytwo (22) pounds, one hundred twenty-five (125) times over a distance of at least one hundred seventy-five (175) feet; (2) has a minimum volume of fifteen (15) liters; (3) is machine washable or is made from a material that can be cleaned or disinfected; 1 13O32/92433.docx?-1,5

14 Ordinance No (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; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage ofpostconsumer recycled material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick. k. "Store" means any of the following retail establishments located within the City of Huntington Beach: (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 ten thousand (10,000) square feet of retail space that 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 & Taxation Code) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or (3) A drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other entity engaged in the retail sale of a limited line of goods that 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 Plastic carryout bags prohibited. a. No store shall provide to any customer a plastic carryout bag. b. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to produce bags or product bags. C. No person shall distribute a plastic carryout bag or any paper bag at the Farmers Markets, except produce bags or product bags Permitted bags. All stores shall provide or make available to a customer only recyclable paper carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this Chapter. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. 1 I-3032/92433docx 3 AL

15 Ordinance No Regulation of recyclable paper carryout bags. a. Any store that provides a recyclable paper carryout bag to a customer must charge the customer ten cents ($0.10) for each bag provided, except as otherwise provided in this Chapter. b. No store shall rebate or otherwise reimburse a customer any portion of the ten cent ($0. 10) charge required in Subsection a, except as otherwise provided in this Chapter. C. All stores must indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags. d. All monies collected by a store under this Chapter will be retained by the store and may be used only for the following purposes: (1) Costs associated with complying with the requirements of this Chapter; (2) Actual costs of providing recyclable paper carryout bags; or (3) Costs associated with a store s educational materials or education campaign encouraging the use of reusable bags, if any. C. All stores shall keep complete and accurate records for a minimum period of three years from the date of sale, of the total number of recyclable paper carryout bags provided and the total amount of monies collected for providing recyclable paper carryout bags, 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 Section. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the store s address. A responsible agent or officer of the store shall confirm that the information provided is accurate and complete. f. Any store that fails to maintain complete records or documents, maintains false, inaccurate or misleading records, or otherwise fails to comply with this section be in violation of this Section and such store shall be subject the fines set forth in Section Use of reusable bags. a. All stores must provide reusable bags to customers, either for sale or at no charge. b. Each store is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags. C. Each store is strongly encouraged to provide to the City and to the public a summary of any efforts a store has undertaken to promote the use of reusable bags by customers Exempt customers. All stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store s option, to any customer participating in either the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section ) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to I I docx 4 M4

16 Ordinance No No Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code Operative date. This Chapter shall become operative six months from the effective date of this Ordinance Enforcement and violation - penal a. The City Manager has primary responsibility for enforcement of this Chapter. The City Manager or designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this Chapter, including, but not limited to, investigating violations, issuing fines and entering the premises of any store during business hours. If the City Manager or designee determines that a violation of this Chapter has occurred, he/she will issue a written warning notice to the operator of a store that a violation has occurred and the potential penalties that will apply for future violations. b. Any store that violates or fails to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation shall be guilty of an infraction. that the notice of appeal ae City, and will give the tring. The hearing officer r fine, as applicable, by ive any portion of the fine Leafing officer is final and.s not subject to further cision. )hrase of this ordinance is mpetent jurisdiction, that inance. tance is intended to create ate law. fter its adoption. C. If a store has subsequent violations of this Chapter that are similar in kind to the violation addressed in a written warning notice, the following penalties will be imposed and shall be payable by the operator of the store: (1) A fine not exceeding one hundred dollars ($100) for the first violation after the written warning notice is given; (2) A fine not exceeding two hundred dollars ($200) for the second violation after the written warning notice is given; or (3) A fine not exceeding five hundred dollars ($500) for the third and any subsequent violations after the written warning notice is given.,roved: r Manager 0 FORM: d. A fine shall be imposed for each day a violation occurs or is allowed to continue. e. All fines collected pursuant to this Chapter shall be used to assist with the implementation and enforcement of the requirements of this Chapter. f. Any store operator who receives a written warning notice of fine may request an administrative review of the accuracy of the determination or the propriety of any fine issued, by filing a written notice of appeal with the City Manager no later than thirty (30) days after receipt of a written warning notice or fine, as applicable. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses that the appellant wishes to be considered in connection with the appeal. The appeal will be heard by a hearing officer designated by the City Manager. The hearing officer will conduct a hearing 1 I-3032/92433docx 11 <~-O

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18 TOWN OF TRUCKEE California ORDINANCE AN ORDINANCE OF THE TOWN OF TRUCKEE ADDING CHAPTER 6.18 OF TITLE 6 (HEALTH AND SANITATION) OF THE TOWN OF TRUCKEE MUNICIPAL CODE RELATING TO REUSABLE BAGS WHEREAS, the use of single-use carryout bags by consumers at retail establishments results in unnecessary negative impacts on the environment and that reusable bags are readily available and provide a cost effective alternative to single-use bags; and WHEREAS, the manufacturing and distribution of single-use carryout bags requires the utilization of natural resources and energy often resulting in the generation of pollution and greenhouse gas emissions; and WHEREAS, single-use plastic carryout bags are difficult to recycle and often end up in landfills or as roadside litter impacting storm drains, polluting rivers, streams and lakes and polluting soils as these bags photo-degrade; and WHEREAS, single-use paper bags are currently accepted in local recycling programs however require significant resources to manufacture and recycle and should only be made available if the bag is purchased for a charge and made of a minimum 40% post-consumer recycled content, containing no old-growth fiber; and WHEREAS, all single-use carryout bags provided by retail establishments contribute to the generation of waste and in order to achieve waste reduction goals as mandated and directed by the state of California it is necessary to adopt policies that focus on waste prevention, reduction and reuse; and WHERAS, the Town Council does, accordingly, find and declare that it should restrict the distribution of single use carry-out bags; and WHEREAS, existing Chapter 6.18 of the Truckee Municipal Code is not necessary and can be repealed; NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TRUCKEE DOES ORDAIN AS FOLLOWS: SECTION 1. Repeal of Chapter 6.18 Chapter 6.18 of the Truckee Municipal Code, as it exists as of the effective date of this Ordinance, is hereby repealed. SECTION 2. Adoption of Revised Chapter 6.18 Chapter 6.18 is hereby adopted and added to the Truckee Municipal Code, to read as set forth in Exhibit "A" attached hereto and incorporated herein by reference. R V 1 - V AM10

19 Ordinance Page 2 SECTION 3. Severabilit If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Truckee hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4. Summary Publication and Posting The Town Clerk is hereby directed to publish this ordinance in accordance with the law. ****** The foregoing Ordinance was introduced at a regular meeting of the Town Council of the Town of Truckee held on the 12th day of November, 2013, and adopted at a regular meeting of the Town Council of the Town of Truckee, on the 251h day of November, 2013, by Council Member Barr, who moved its introduction, which motion was seconded by Vice Mayor Flora was carried by the following vote: AYES: NOES: ABSENT: Council Member Barr, Vice Mayor Flora, Council Member Brown, Council Member deryk Jones, and Mayor Wallace Dee. None. None. Caroly Wallace DVe, Mayor ATTEST: APPROVED AS TO FORM: Judy Fjrice, MW, Town Clerk Andrew Morris, Town Attorney

20 Ordinance Page 3 CHAPTER Definitions For the purpose of this chapter, the following definitions shall apply to the capitalized terms unless the context clearly indicates or requires a different meaning. "Customer" means any person obtaining goods from a retail establishment. "Post-Consumer Recycled Content" means material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Post-Consumer Recycled Content does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process. "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. "Recycled Content 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 post-consumer recycled content and is one hundred percent recyclable. "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 Town of Truckee. "Retail establishment" does not include a restaurant, takeout food establishment, or any other business that receives 90% or more of its revenue from the sale of Prepared Food to be eaten on or off its premises. "Reusable Bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. "Single-Use Carryout Bag" means a bag with handles, other than a reusable bag, provided at the check stand, cash register, point of sale or other point of departure, including departments within a store for the purpose of transporting food or merchandise out of the establishment Single-use carryout bags do not include bags which form part of a product s packaging or bags without handles provided to the customer, including but not limited to bags provided (1) to transport prepared food, produce bulk items such as loose beads or small hardware items bulk food or meat from a department within a store to the point of sale (2) to protect large format artwork, tires or dry-cleaning (3) to hold prescription medication dispensed from a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Cal. Business and Professions Code; or (4) to segregate food or merchandise that could Mao-

21 Ordinance Page 4 damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag Implementation Date This chapter shall take effect June 1, Carryout Bag Regulations A. No retail establishment shall provide a single-use carryout bag to a customer, at the transporting food or merchandise out of the establishment, except as provided in this section. B. On or after the date of implementation, a retail establishment may make available for sale to a customer a recycled content paper bag or a reusable bag for a minimum price of ten cents$0.10. No retail establishment shall provide a customer with a credit rebate or refund of this charge. The by the State Board of Equalization. C. No retail establishment may make available for sale a recycled content paper bag or reusable bag unless the price of the recycled paper bag and reusable bag J tel itemized on the sales receipt. D. A retail establishment may provide a reusable bag at no charge if it is distributed as part of ar infrequent and limited time promotion. promotion s offered by a retai esta is ment shall exceed a total of 90 days in any consecutive 12-month period. E. Nothing in this Chapter prohibits customers from using bags of any type that they bring to a retail establishment themselves or from carrying away goods that are not placed in a bag at point of sale, in lieu of using bags provided by the establishment Exemptions The Town Manager, or his or her designee, may in his or her sole discretion exempt a retail establishment from the provisions of Section of this Chapter for a period of up to six months from the implementation date of this Chapter upon the retail establishment furnishing written evidence that the enforcement of such provisions would create an undue hardship or practical difficulty not generally applicable to other retail establishments in similar circumstances. The Town Manager or his or her designee s decision shall be final Record Keeping and Inspection Every retail establishment shall keep complete and accurate records on forms provided by the Town, of the sale vided by the retail establishment for a minimum period of three years from the date of purchase and sale, which record shall be available for inspection at no cost to the Town during regular business hours by any Town employee authorized to enforce this part. Unless an a

22 Ordinance Page 5 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 Town shall be a violation of this Chapter Enforcement This chapter may be enforced by any legal means available to the Town, including but not limited to Chapters 1.02 and 1.03 of this code \

23 To help facilitate a productive third workshop on September II, 2013 at 5:30 PM, stakeholders are asked to complete the below worksheet prior to the next meeting. Background and options provided below are general and are consistent with what is currently happening throughout California. Stakeholders have the option to modify any of the sections below to allow for a "better Truckee fit". Please mark check boxes in affirmation with the statement and be sure to write down notes and questions for discussion. Feel free to us with your questions prior to the meeting as welt: ndorrtownoftruckee.com. Red check marks are items previously confirmed by stakeholders. PROPOSED DIRECTEON: At the August 14, 2013 Stakeholders Meeting, a consensus was reached to purse a ban on all single-use plastic check out bags and impose a charge for all recyclable bags provided at check-out. Other options explored: 1. placing an equal charge on both plastic and paper bags provided at check out or 2. No regulation status quo. Ban all single-use-plastic-carry-out bags and impose a required charge for all recycled paper bags [and Reusable Bags] provided at check out. Currently 24 of the 58 CA ordinances require that the charge on single use paper bags extends to all reusable bags provided at check out. Some jurisdictions including San Francisco, Sunnyvale, Palo Alto and San Jose revised their ordinance to include a charge on reusable bags. Californians Against Waste, is supportive of including a charge on reusable bags and recommends that we consider this option for Truckee. Sue Vang of CAW explains, "Require stores to charge ten cents for reusable bags provided at point of sale (as opposed to a store selling a reusable bag to a customer). A fewstores have begun providing certain plastic canyout bags to customers at no charge calling them "reusable bags" although these bags are not often actually reused. It can be difficult to define reusable bag and to communicate that definition clearly to both stores and shoppers. The ordinances in Mountain View, Los Altos, and San Mateo County require the mandatory ten-cent charge on both paper and reusable plastic bags to address this issue." A report issued by the City and County of San Francisco, Office of the Controller - Office of Economic Analysis suggest the following: The charge also applies to reusable bags, although these are normally purchased separately by consumers, and the re-use of these bags is intended to replace the use of single-use bags. The Department believes the falling price of reusable bags is leading to their misuse as single-use bags. Applying the charge to these bags should encourage consumers to re-use them. 0 Extend required charge to all reusable bags provided at check-out.

24 WHO WOULD BE AFFECTED? At the At.ust14, 2013 Stakeholders Meeting, a consensus was reached that we should strive to treat all businesses in Truckee equally. The stakeholders agreed that the potential ban should extend to all retail. Large grocery stores, pharmacies, convenient stores and ALL retail. In addition to the above, some bans extend to include Farmers Markets and Special Events however there is no general consensus throughout the state and should be decided by the group if it s a good fit for Truckee. For reasons presented in the August 14 meeting notes staff recommends excluding restaurants, at least temporarily. It is also recommended that no exception for avoiding the mandatory charge be granted to lowincome families Low-income families shall have the same opportunity to avoid charges by bringing their own bags. In addition, the Save the Plastic Bag Coalition has indicated that they intend to challenge ordinances with this exception saying that placing regulations of businesses and requiring them to purchase a more expensive bag and provide that bag for free is unconstitutional. Items that need to be considered include: 0 Ban to include Farmers Markets and/or Special Events. 0 Ban to exclude Restaurants. 0 Ban to make no exception for individuals receiving WIC, EBT, SNAP. DEFINITIONS: Definitions presented are general examples of what we re seeing in ordinances throughout the state. These can be modified to be more or less specific. Definition for Single-Use-Bags and Recycled Paper Bags are fairly consistent throughout the state however the definition for reusable bags seems to have more variation. Additional exceptions (Truckee specific) were added to the definition of single-use-bags to include large artwork, engineered building plans and tires. Simply line-out or add write-in suggestions for modifying the below definitions. Definitions were taken from the San Mateo City & County Ordinance which has been adopted by many of its incorporated cities. The San Mateo model uses the simpler version of the Reusable Bag definition below. Please consider how a gift bag should be articulated in the definitions. It was suggested that a "gift bag" would fall under the Reusable Bag definition but may require additional specifications. Single-Use-Carry-Out-Bag "Single-use-cany-out-bag" means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure, including departments vithin a store, for the purpose of transporting food or merchandise jl

25 out of the establishment. "Single-use cariy-out bags" do not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk food or meat from a department Wthin a store to the point of sale; (2) to hold prescription medication dispensed from a phan -nacy; (3) to segregate food or merchandise that could damage or contaminate other food or merchandise Men placed together in a reusable bag or recycled paper bag; or [(4) to contain large artwork or engineered building plans not easily contained in a recycled paper bag or tires) Recycled Paper Bags "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 grow h fiber and a minimum of forty percent post - consumer recycled content; is one hundred percent recyclable; and has printed in a highly visible manner on the outside of the bag the vords "Reusable" and "Recyclable," the name and location of the manufacturer, and the percentage of post - consumer recycled content. Reusable Bags 0 "Reusable bag" means either a bag made of cloth or other machine t4eshable fabric that has handles, or a durable plastic bag Wth handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. A more stringent definition could be: 0 "Reusable bag" means a bag wth handles that is specifically designed and manufactured for multiple reuse and meets all of the follo Wng requirements: (1) has a minimum lifetime of 125 uses and means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) is machine veshable or capable of being cleaned and disinfected; (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; M