HomeMy WebLinkAbout7.1 - 1191 Reusable Bag Ordinance Expansion
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STAFF REPORT
CITY COUNCIL
DATE: November 1, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Alameda County Waste Management Authority Reusable Bag Ordinance
Expansion
Prepared by: Shannan Young, Environmental Coordinator
EXECUTIVE SUMMARY:
The Reusable Bag Ordinance adopted by the Alameda County Waste Management
Authority (WMA) in 2012 (Ordinance 2012-2) applies to approximately 1,300 grocery,
drug and liquor stores in Alameda County. The ordinance promotes source control by
reducing litter and keeping plastic bags out of local waterways. Given the effectiveness
of the current ordinance, the WMA Board directed its staff to plan for an expansion of
the reusable bag ordinance to include all retail stores and restaurants. On September
28, 2016, the WMA Board unanimously voted to adopt the ordinance and the addendum
to the Environmental Impact Report, with a second reading scheduled for October 26,
2016. City staff will present an overview to the City Council of the proposed ordinance,
the current status, and ask for direction from City Council regarding Dublin’s
participation in the countywide ordinance.
STAFF RECOMMENDATION:
Staff recommends that City Council receive the report and provide direction regarding
City participation in the Reusable Bag Ordinance Expansion.
FINANCIAL IMPACT:
There is no impact to the General Fund. Participating member agencies are not
expected to contribute to start-up costs. The program expenses would be funded by the
WMA with support from the Alameda Countywide Clean Water Program (Clean Water
Program).
DESCRIPTION:
The Waste Management Authority Reusable Bag Ordinance (Ordinance 2012 -2)
became effective on January 1, 2013. It mandates that affect ed stores can only
distribute compliant reusable bags or bags made of recycled content paper. Affected
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stores must charge a minimum of 10 cents per bag and itemize the purchase on
customer receipts.
The City Council approved Ordinance 2012-2 on February 21, 2012 to codify Dublin’s
participation in the Reusable Bag Ordinance. This first Reusable Bag Ordinance
(Existing Ordinance) assisted the City in meeting full trash capture requirements
mandated in the first Municipal Regional Stormwater NPDES Permit (MRP). MRP
permittees including the City were mandated to achieve a 40% trash load reduction by
July 1, 2014. Participation in the Ordinance has allowed the City to claim a 4% trash
load reduction credit, which facilitated meeting the 40% trash load reduc tion mandate
and is equivalent to a load reduction of 513 gallons of trash per year.
Since implementation of Ordinance 2012-2, available data shows that the ordinance has
been effective in reducing the use of single-use plastic bags and increasing the use of
reusable bags. Highlights of the data include the following:
· Overall bag purchases by affected Alameda County retail stores have declined
by 85%
· The number of shoppers bringing a reusable bag, or not using a bag at all, has
more than doubled
· A 44% decrease in plastic bags found in Alameda County storm drains
· Stores are participating with a compliance rate of 90%
Based on these results, the WMA has made a finding that Ordinance 2012 -2 has
substantially reduced the environmental impacts of single use bags. In October 2014,
the WMA Board directed its staff to plan for an expansion of the reusable bag ordinance
to include all retail stores and restaurants. The proposed ordinance expansion
changes were developed together with WMA legal counsel and the Technical Advisory
Committee comprised of member agency staff. The proposed expanded ordinance
(Expanded Ordinance) would include approximately 9,000 retail stores and 4,000
restaurants in Alameda County. In Dublin, there would be approximately 165
restaurants and 265 retail stores affected.
Current Trash Load Reduction Status
As of June 30, 2016 the City has achieved 67% trash load reduction, which includes 4%
trash load reduction credit for implementing the Existing Ordinance. MRP permitte es
are mandated to achieve trash load reductions of 70% by July 1, 2017 and 80% by July
1, 2019. The City would be eligible for an additional 3% trash load reduction credit if
City Council elects to opt-in to the Expanded Ordinance, allowing the City to achieve the
70% trash load reduction requirement.
Should the City Council choose not to participate in the Expanded Ordinance, the
additional trash load reduction credits associated with the Expanded Ordinance could
not be used, and the City would need to achieve the additional 3% reduction, which
equates to 384 gallons of trash, by other means. The most likely way to achieve the
required reduction would be through additional infrastructure, such as trash capture
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units. The installation and annual mainte nance costs would be funded from the City's
General Fund, while funding to implement the Expanded Ordinance would come from
StopWaste and the Alameda Countywide Clean Water Program which has committed
$180,000 towards implementation.
Key Changes in the Expanded Ordinance
The following summarizes key changes in the Expanded Ordinance, including revised
definitions, exemptions, and related details:
Revised definitions:
· Store: Any commercial establishment operating from a permanent enclosed
structure that sells perishable or nonperishable goods including, but not limited
to, clothing, food and personal items directly to a customer.
· Public Eating Establishment: Any restaurant, take-out food establishment or
other business including but not limited to food sales from vehicles or temporary
facilities open to the public that receive 90% or more of its revenue from the sale
of prepared and ready-to-consume foods and/or drinks to the public.
Exemptions:
· Produce/Product Bags: Bags that are integral to the packaging of the product, or
bags without handles provided to the Customer (i) to transport bulk food or meat
from a produce, bulk food or meat department within a store to the point of sale,
(ii) to hold prescription medication dispensed from a pharmacy, or (iii) to
segregate food or merchandise that could damage or contaminate other food or
merchandise when placed together in a Reusable Bag or Recycled Content
Paper Bag.
· Stores operating in a certified farmers’ market registered in accordance with
Section 47020 of the California Food and Agricultural Code.
Public Eating Establishments are not required to charge customers if distributing
recycled content paper bags, but must charge a minimum of 10 cents for a compliant
reusable bag.
Other Changes:
· Recordkeeping requirements for stores regarding customer bag sales and store
bag purchasing are removed. The WMA found that records provided by stores
have been illegible and/or incomplete and therefore do not accurately capture
performance metrics. The WMA will continue to collect their own data to track
performance metrics.
· Inspections will be compliance-based only.
The Expanded Ordinance language is included in Attachment 1.
Business Community Outreach
There have been multiple efforts to reach out to the business community about the
Expanded Ordinance. StopWaste conducted three workshops in October 2015
throughout the county, including a workshop at the Pleasanton Library on October 19,
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2015. StopWaste coordinated with Dublin’s Chamber of Commerc e (Chamber) to
include an article on the Expanded Ordinance in the Chamber’s summer 2016
newsletter. In addition, City of Dublin staff gave a brief presentation on the Expanded
Ordinance at the Chamber’s September 1, 2016 Economic Development meeting. The
Chamber’s Board of Directors voted to support the Expanded Ordinance at their
September 14, 2016 meeting.
The City also conducted a survey of Dublin’s restaurant owners and managers on the
Expanded Ordinance. Staff requested survey participation by mailing an informational
letter and survey to restaurants along with a self -addressed stamped return envelope.
The survey was also available online. In addition, some site visits were conducted to
increase participation. A total of 26 restaurants respon ded, 22 independent and 4
franchises. As seen in the table below, survey respondents were slightly more in favor
of the Expanded Ordinance than against it.
Expanded Bag Ordinance Survey Results
Question Total # of
Responses
Responses by Restaurant Type
Support Expanded Bag Ordinance 14 11 independent, 3 franchise
Against Expanded Bag Ordinance 12 11 independent, 1 franchise
Ordinance would not have serious impact
on business
13 12 independent, 1 franchise
Ordinance would have serious impact on
business
13 10 independent, 3 franchise
Currently use plastic bags for some or all
takeout
18 15 independent, 3 franchise
Timeline
The Expanded Ordinance and the addendum to the Environmental Impact Report was
introduced to the WMA Board for a first reading on September 28, 2016, with a second
reading scheduled for October 26, 2016. The WMA Board unanimously approved the
Expanded Ordinance at the September 28, 2016 meeting. The timeline presented in
the table below summarizes next steps in the implementation process.
Waste Management Authority Expanded Ordinance Timeline
Date Action
October 28, 2016 Second reading of the Expanded Ordinance at
the WMA Board meeting.
November 2016 - March 2017 StopWaste conducts outreach to public and
stores (includes three direct mail letters to
affected stores).
December 2016 Any member agency opting out must do so by
resolution by December 9, 2016.
December 2016 - March 2017 StopWaste collects baseline data for pre-
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ordinance metrics (parking lot surveys,
purchasing data, creek audits, etc.).
May 2017 Ordinance effective for new retail stores.
November 2017 Ordinance effective for all restaurants/eating
establishments.
Opt-Out Provision
Jurisdictions may choose to opt-out of the Expanded Ordinance by resolution b y
December 9, 2016. Staff requests that City Council provide direction regarding the
City’s participation in the Expanded Ordinance. At this time, no other member agencies
have indicated their intention to opt-out of the Expanded Ordinance.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
1. WMA Expanded Reusable Bag Ordinance
ATTACHMENT 1-WMA Expanded Reusable Bag Ordinance
ORDINANCE 2016-02 AMENDING ORDINANCE 2012-02
ORDINANCE REGULATING THE USE OF CARRYOUT BAGS AND PROMOTING THE USE OF REUSABLE BAGS
The Board of the Alameda County Waste Management Authority (“Authority”) finds that:
1.In 2012 the Authority adopted Ordinance 2012-02, the Ordinance Regulating The
Use Of Carryout Bags and Promoting the Use of Reusable Bags. For the reasons
set forth in the findings in Exhibit A, the Authority wishes to amend the ordinance
to apply its requirements to stores not subject to the original ordinance and to
make minor clarifying changes.
2.The Board of the Alameda County Waste Management Authority held a public
meeting on September 28, 2016, and after considering all testimony and written
materials provided in connection with that meeting introduced this ordinance and
waived the reading thereof.
Therefore, the Board of the Authority hereby ordains as follows:
Section 1. Adoption.
Ordinance 2012-02, the Ordinance Regulating The Use Of Carryout Bags and Promoting
the Use of Reusable Bags is hereby amended as set forth in Exhibit A. Text to be added is
indicated in bold double underlined font (e.g., underlined) and text to be deleted is
indicated in strikeout font (e.g., strikeout).
Section 2. Severability.
If any provision of this Ordinance or its application to any situation is held to be invalid,
the invalidity shall not affect other provisions or applications of this Ordinance, which
can be given effect without the invalid provision or application, and to this end, the
provisions of this Ordinance are declared to be severable.
Section 3. Publication.
Within 15 days after adoption of a summary of the ordinance with the names of those
voting for and against, the ordinance shall be published and a certified copy of the full
text with the names of those voting for and against the ordinance shall either (i) be posted
on the Authority’s website or (ii) be posted in the Authority offices.
-Continued on following page -
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Following introduction on September 28, 2016, passed and adopted October 26,
2016 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
I certify that under the penalty of perjury that the foregoing is a full, true and correct copy
of the ORDINANCE NO. 2016-02.
____________________________
Wendy Sommer
EXECUTIVE DIRECTOR
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Exhibit A
ORDINANCE 2012-2 AS AMENDED BY ORDINANCE 2016-2
ORDINANCE REGULATING THE USE OF CARRYOUT BAGS AND PROMOTING THE USE OF REUSABLE BAGS
The Board of the Alameda County Waste Management Authority (“Authority”) ordains as
follows:
SECTION 1 (Enactment)
The Board of the Authority does hereby enact this Ordinance in full consisting of Section 1
through Section 1110.
SECTION 2 (Findings)
(a)The purpose of this Ordinance is to reduce the use of single use carryout bags and
promote the use of reusable bags at the point of sale in Alameda County.
(b)The Authority has the power to enact this Ordinance pursuant to the Joint Exercise of
Powers Agreement for Waste Management (“JPA”). The JPA grants the Authority the
power, duty, and responsibility to prepare, adopt, revise, amend, administer, enforce
and implement the County Integrated Waste Management Plan (“CoIWMP”), and
pursuant to Section 5.m of the JPA, the power to adopt ordinances necessary to carry
out the purposes of the JPA.
(c)Reducing single use bag use is reasonably necessary to carry out the purposes of the
JPA and implement the CoIWMP, including the following goals and policies.
(d)Goal 1 of the CoIWMP is to promote environmental quality, ensure protection of
public health and safety, and to minimize environmental impacts in all aspects of solid
waste management. Policy 1.4.1 includes reduction of hard to recycle materials.
(e)Goal 2 of the CoIWMP calls on the Authority and its member agencies to achieve
maximum feasible waste reduction and to reduce the amount of waste disposed at
landfills through improved management and conservation of resources.
(f)Policy 2.1.1 adopts a waste management hierarchy that ranks management of waste
through source reduction and then recycling and composting above landfill disposal.
(g)Goal 7 of the CoIMWP is to Promote Inter-jurisdictional Cooperation. Policy
7.1.3 states that the Authority shall coordinate with other organizations as needed to
fulfill its countywide role including coordinating on related issues such as water
and litter. Objective 7.8 states that the Authority will coordinate and facilitate program
implementation by individual or subregional groupings of member agencies.
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(h)Numerous studies have documented the prevalence of plastic carry-out bags
littering the environment, blocking storm drains and fouling beaches.
(i)Plastic bags are a substantial source of marine debris.
(j)Plastic bags cause operational problems at County landfills and transfer stations
and contribute to litter countywide.
(k)The Authority has participated in a campaign with The Bay Area Recycling Outreach
Coalition to promote reusable bags countywide for several years. Despite these
efforts, plastic bags comprise 9.6% of litter collected during coastal cleanup days
(based on 2008 data) in Alameda County. Additionally, plastic bags continue to
cause processing equipment problems at County transfer stations. Agency studies
show that as a result of Ordinance 2012-2, there has been a 44% decrease in
plastic bags found in Alameda County Storm drains and a 69% decrease in
paper and plastic bags at point of sale, and the number of shoppers bringing a
reusable bag to affected stores, or not using a bag at all, has more than doubled.
(l)Member Agencies are required by the Municipal Regional Permit (MRP) for
storm water to reduce trash by 70% by 2017 and 100% by 2022, with cities
having the option to implement plastic bag bans to achieve these requirements.
(m)There are several alternatives to single-use carry-out bags readily available.
(n)Studies document that banning single use plastic bags and charging for single use
paper bags will dramatically reduce the single use of both types of bags. Despite the
positive impacts of the existing ordinance, it is estimated that 62% of the
projected 764 million bags distributed in Alameda County are distributed by
currently affected stores. Further efforts are needed to decrease single-use
checkout bags.
(o)The Authority prepared the Mandatory Recycling and Single Use Bag Reduction
Ordinances Environmental Impact Report, which considered two separate projects and
included the environmental review required by the California Environmental Quality
Act for this Ordinance. The Authority certified those portions of the EIR relevant to this
Ordinance. The Authority prepared an Addendum that analyzed the
environmental impacts associated with amending the reusable bag ordinance and
found that the amendments would not result in any new significant environmental
impacts that were not addressed in the EIR and will not cause any impacts to be
substantially greater than were identified in the EIR. Nor do changed
circumstances or new information reveal the ordinance would have any significant
impacts not considered in the EIR or result in increases in the severity of any
impacts identified in the EIR.
(p)This ordinance will be enforced using the principle of progressive enforcement
with the objective of bringing the regulated community into compliance.
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Progressive enforcement measures shall be used in the following order in order to
promote compliance: (i) official notification of non-compliance, (ii) warning of an
impending administrative citation and related fine, (iii) issuance of an
administrative citation and fine, and (iv) civil enforcement and/or criminal
enforcement if warranted by the nature of the violation.
SECTION 3 (Definitions)
The definitions set forth in this Section shall govern the application and interpretation of this
ordinance.
(a)“Alameda County” means all of the territory located within the incorporated and
unincorporated areas of Alameda County.
(b)“Authority” means the Alameda County Waste Management Authority created by the
Joint Exercise of Powers Agreement for Waste Management (JPA).
(c)“Authority Representative” means any agent of the Authority designated by the
Enforcement Official to implement this Ordinance, including Member Agency
employees, or private contractors hired for purposes of monitoring and
enforcement.
(d)“Covered Jurisdiction” means a Member Agency of the JPA that has not opted out of
coverage under Ordinance 2012-02 or Ordinance 2016-02 this Ordinance pursuant
to Section 98 of this Ordinance. “2012 Covered Jurisdiction” means a Member
Agency. “2016 Covered Jurisdiction” means a Member Agency that has not
opted out of coverage under Ordinance 2016-02.
(e)“Customer” means any Person obtaining goods from a Store.
(f)“Enforcement Official” means the Executive Director of the Authority or his or her
authorized designee.
(g)“Executive Director” means the individual appointed by the Authority Board to act as
head of staff and perform those duties specified by the Authority Rules of Procedure
and by the Board.
(h)“Member Agency” means a party to the JPA. Current member agencies are the County
of Alameda, the Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont,
Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union
City, and the Castro Valley and Oro Loma Sanitary Districts. The service areas for the
purpose of Section 98 of this Ordinance are:
(1)The legal boundaries of each of the 14 incorporated municipalities within
Alameda County.
(2)The unincorporated sections of the County.
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(i)“Nonprofit Charitable Reuse Organization" means a charitable organization recognized as
having Section 501 (c)(3) status by 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.
(j)“Person” means an individual, firm, public or private corporation, limited liability
company, partnership, industry or any other entity whatsoever.
(k)“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 byproducts generated
from, and commonly reused within, an original manufacturing and fabrication process.
(l)“Primary Enforcement Representative” is the chief executive of a Covered Jurisdiction
or a qualified designee who will coordinate with the Authority regarding
implementation of the Ordinance. A qualified designee shall have at least two years of
municipal code enforcement experience or have undergone at least the level one
municipal code compliance training program of the California Association of Code
Enforcement Officers, or equivalent training program approved by the Enforcement
Official.
(m)“Produce/Product Bags” are bags that are integral to the packaging of the
product, or bags without handles provided to the Customer (i) to transport
produce, bulk food or meat from a produce, bulk food or meat department within
a Store to the point of sale, (ii) to hold prescription medication dispensed from a
pharmacy, or (iii) to segregate food or merchandise that could damage or
contaminate other food or merchandise when placed together in a Reusable Bag or
Recycled Content Paper Bag.
(n)“Public Eating Establishment” means a restaurant, take-out food establishment or other
business (including, but not limited to, food sales from vehicles or temporary
facilities open to the public) that receives 90% or more of its revenue from the sale of
prepared and ready-to-consume foods and/or drinks to the public prepared on the
premises.
(o)"Recycled Content Paper Bag” means a paper bag provided by a Store to a Customer at
the check stand, cash register, point of sale, or other location for the purpose of
transporting food or merchandise out of the Store and that contains no oldgrowth
fiber and a minimum of forty percent (40%) postconsumer recycled material; is one
hundred percent (100%) recyclable and compostable, consistent with the timeline and
specifications of the American Society of Testing and Materials (ASTM) Standard
D6400; and has printed in a highly visible manner on the outside of the bag the words
“Recyclable,” the name and location of the manufacturer, and the percentage of post-
consumer recycled content.
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(p)"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 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 least 175
feet; 2) has a minimum volume of 15 liters; 3) is machine washable or is made from a
material that can be cleaned or 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; 5) has
printed on the bag, or on a tag that is permanently affixed to the bag, the name of the
manufacturer, the location (country) 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 of postconsumer recycled material used, if any; and 6) if made of plastic,
is a minimum of at least 2.25 mils thick.
(q)“Single-Use Carryout Bag” means a bag other than a Reusable Bag provided at the
check stand, cash register, point of sale or other location for the purpose of transporting
food or merchandise out of the Store. Single-Use Carryout Bags do not include
Produce/Product Bags. bags that are integral to the packaging of the product, or bags
without handles provided to the Customer (i) to transport produce, bulk food or meat
from a produce, bulk food or meat department within a Store to the point of sale, (ii) to
hold prescription medication dispensed from a pharmacy, or (iii) 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.
(r)"Store" means any of the following stores located within Covered Jurisdictions:
(1)Within 2012 Covered Jurisdictions a 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)Within 2012 Covered Jurisdictions a A store of at least 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 and 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)Within 2012 Covered Jurisdictions a A drug store, pharmacy, supermarket,
grocery store, convenience food store, foodmart, or other entity engaged in the
retail sale of goods that include milk, bread, soda, and snack foods, including
those stores with a Type 20 or 21 license issued by the Department of Alcoholic
Beverage Control.
(4)Within 2016 Covered Jurisdictions on and after May 1, 2017 the stores
listed in sections 3(r)(1), (2) and (3) above and any other commercial
establishment operating from a permanent enclosed structure that sells
perishable or nonperishable goods including, but not limited to, clothing,
food and personal items directly to a customer; and
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(5)Within 2016 Covered Jurisdictions on and after November 1, 2017 any
Public Eating Establishment.
SECTION 4 (Carryout Bag Restrictions)
(a)No Store shall provide a Single-Use Carryout Bag or Reusable Bag to a Customer
at the check stand, cash register, point of sale or other location for the purpose of
transporting food or merchandise out of the Store after January 1, 2013 except as
provided in this Section.
(b)On or before January 1, 2015, a A Store 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).
(c)A Store that is a Public Eating Establishment may make available to a
Customer a Recycled Content Paper Bag at no charge, or a Reusable Bag for
a minimum price of ten cents ($0.10). On or after January 1, 2015, a Store may
make available for sale to a Customer a Recycled Paper Bag or a Reusable Bag
for a minimum price of twenty-five cents ($0.25). This restriction, however, shall
not apply if the Authority finds, after January 1, 2014, that the Ordinance has
achieved its goal to substantially reduce the environmental impacts of the use of
Single Use Carryout Bags, in which case the minimum ten cents ($0.10) per bag
price provided in Section 4(b) shall apply.
(d)No Store may make available for sale a Recycled Content Paper Bag or Reusable
Bag unless the amount of the sale of the Recycled Content Paper Bag and
Reusable Bag is separately itemized on the sales receipt.
(e)A Store may provide a Reusable Bag at no charge if it is distributed as part of an
infrequent and limited time promotion. An infrequent and limited time promotion
shall not exceed a total of 90 days in any consecutive 12 month period.
(f)A Store may provide free Reusable Bags or free Recycled Content Paper Bags at
the point of sale to 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 California Health and Safety Code; a Customer participating in
Calfresh pursuant to Chapter 1 commencing with Section 18900) of Part 6 of
Division 9 of the California Welfare and Institutions 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, as necessary to carry the items purchased at the
Store by each such Customer.
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SECTION 5 (Permitted Bags)
Nothing in this Ordinance 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.
SECTION 6 (Exemptions)
This Ordinance does not apply to:
(a)Single-Use Carryout Bags or Reusable Bags Produce/Product B ags distributed
to Customers by food providers for the purpose of safeguarding public health and
safety during the transportation of take-out foods and drinks prepared on the food
provider’s premises but intended for consumption at or away from the food
provider’s premises.
(b)Single-Use Carryout Bags or Reusable Bags used by Public Eating
Establishments or Nonprofit Charitable Reuse Organizations.
(c)Stores operating in a certified farmers’ market registered in
accordance with Section 47020 of the California Food and
Agricultural Code.
SECTION 7 (Recordkeeping and Inspection)
(a)Every Store shall keep complete and accurate records of the number of Recycled Paper
Bags and the number of Reusable Bags purchased and sold each month at the Store
during the period commencing July 1, 2012 and ending December 31, 2013. The store
shall also keep complete and accurate records of the days on which free Reusable Bags
are distributed pursuant to section 4(e) of this Ordinance. All records required by this
Ordinance shall be available for inspection within 7 days of the Authority's request at
no cost to the Authority during regular business hours by any Authorit y
Representative authorized to enforce this Ordinance. Unless an alternative location
or method of review is mutually agreed upon, the records or documents shall be
available at the Store address.
(b)The provision of false information including incomplete records or documents to
the Authority shall be a violation of this Ordinance.
(c)Authority Representatives are authorized to conduct any other inspections
reasonably necessary to further the goals of this Ordinance, subject to
applicable laws.
SECTION 87 (Enforcement and Phasing)
(a)Pre-enforcement Consultation. An enforcement action shall not be taken in any
Covered Jurisdiction without written approval from the Primary Enforcement
Representative of that Covered Jurisdiction. The Primary Enforcement Representative
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shall provide approval or disapproval of a proposed enforcement action in a timely
manner.
(b)Administrative Enforcement. Violation of any provision of this Ordinance shall
constitute grounds for assessment of a notice of violation and fine by an Authority
Representative in accordance with Government Code § 53069.4 or as the code shall
subsequently be amended or reorganized. Where an enforcement action is necessary
to enforce this Ordinance, the Enforcement Official will typically issue a notice of
violation as authorized in this subsection prior to taking the actions authorized
pursuant to sections 78(c) or 78(d) of this Ordinance. A separate notice of violation
and fine may be imposed for each day on which a violation occurs. The fine shall not
exceed the amounts detailed for misdemeanors in Section 78(d) of this Ordinance.
The notice of violation shall list the specific violation and fine amount and describe
how to pay the fine and how to request an administrative hearing to contest the notice
of violation. The fine must be paid within 30 days of the notice of violation and must
be deposited prior to any requested hearing. A hearing, by a hearing officer, will be
held only if it is requested within 30 days of the notice of violation. Evidence may be
presented at the hearing. If it is determined that no violation occurred, the amount of
the fine shall be refunded within 30 days. The Authority shall serve the final order on
the Person subject to the notice of violation by first class, overnight or certified mail.
(c)Civil Action. Violation of any provision of this Ordinance may be enforced by a
civil action including an action for injunctive relief.
(d)Infractions and Misdemeanors. Violation of any provision of this Ordinance shall
constitute a misdemeanor punishable by a fine not to exceed $500 for the first
violation, a fine not to exceed $750 for the second violation within one year and a
fine not to exceed $1000 for each additional violation within one year. Violation of
any provision of this Ordinance may also be enforced as an infraction punishable by
a fine not to exceed $100 for the first violation, a fine not to exceed $200 for the
second violation within one year and a fine not to exceed $500 for each additional
violation within one year. There shall be a separate offense for each day on which a
violation occurs.
(e)Authorized Representatives. Enforcement pursuant to this Ordinance may be
undertaken by the Authority through its Executive Director, counsel, or any Authority
Representative. In any enforcement action, the Authority shall be entitled to recover
its attorneys’ fees and costs from any Person who violates this Ordinance. Authority
Representatives are authorized to conduct any inspections reasonably necessary
to further the goals of this Ordinance, subject to applicable laws.
(f)Phasing. Notwithstanding the foregoing inspection and enforcement
authorization Enforcement of this ordinance the amendments to this ordinance
adopted by Ordinance 2016-02 shall be phased on the following schedule. Prior to
January 1, 2013 , the date that a type of establishment will be considered a Store,
those establishments Stores will be notified and public education and outreach
activities will take place. Warnings and enforcement Enforcement actions will be
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taken as needed beginning November 1, 2017 for Stores described in Section
3(r)(4) and beginning May 1, 2018 for Stores described in Section 3(r)(5)January 1,
2013.
SECTION 98 (Local Regulation and Opt-Out and Opt-In Provisions)
(a)Local Regulation. Nothing in this Ordinance shall be construed to prohibit any
Member Agency from enacting and enforcing ordinances and regulations regarding
the distribution of Single-Use Carryout Bags and Reusable Bags, including more
stringent requirements than those in this Ordinance.
(b)Opt-Out Provision. Any Member Agency by a resolution of its governing body prior
to March 2, 2012 may choose to exclude its service area from this Ordinance
December 9, 2016 may choose to exclude its service area from the amendments
to Ordinance 2012-02 adopted by Ordinance 2016-02 on October 26, 2016.
(c)Opt-In Provision. Any Member Agency that chooses to exclude its service area may
request of the Authority by a resolution of its governing board to be re- included in
coverage of the Ordinance at any subsequent time. Such coverage under the
Ordinance, however, shall not occur unless it is accepted in writing by the Enforcement
Official or the Authority Board, and shall become effective only on the date specified
in such written acceptance. Such acceptance shall not be unreasonably withheld or
delayed.
(d)Dispute Resolution. In the event of a dispute between the Authority and a Covered
Jurisdiction regarding the implementation of this Ordinance, either party may request a
meeting, in which case the Enforcement Official and the Primary Enforcement
Representative for the Covered Jurisdiction (or other designee of the chief executive of
the Covered Jurisdiction) shall meet to discuss implementation of the Ordinance. After
such meeting, the parties may agree to enter into mediation to resolve any disputes
between the parties related to implementation of the Ordinance. In addition, after
meeting to seek to resolve any disputes between the parties and possible mediation, the
Authority Board or the governing body of the Covered Jurisdiction, with at least 30
days public notice, may by resolution choose to exclude the service area of the Covered
Jurisdiction from this Ordinance.
SECTION 10 9 (Severability)
If any provision of this Ordinance or its application to any situation is held to be invalid, the
invalidity shall not affect other provisions or applications of this Ordinance which can be
given effect without the invalid provision or application, and to this end the provisions of this
Ordinance are declared to be severable.
SECTION 1110 (Notice and Verification)
This Ordinance shall be posted at the Authority Office after its second reading by the Board
for at least thirty (30) days and shall become effective thirty (30) days after the second
reading.
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