76

CITY OF CARMEL-BY-THE-SEA
Council Report
May 6, 2014
To: Honorable Mayor and Members of the City Council
From: Jason Stilwell, City Administrator
Submitted by: Rob Mullane, AICP, Community Planning and Bui lding Director
Subject: Status Report on Single-Use Plastic Carryout Bags Prohibit ion
Recommendation: Receive a status report on implementation of the City's Si ngle-Use Plastic
Carryout Bags Ordinance
Executive Summary: On July 3, 2012, the City Council adopted an ordinance (Ordinance 2012-
04) that prohibited single-use plastic carryout bags with limited
exceptions. The new carryout bag regulations have been in effect since
February 3, 2013. The Council requested a status report on the
effectiveness of the Ordinance at approximately the one-year mark of the
programs implementation. Several other local jurisdictions in our area
either have or are developing similar bans on single-use plastic bags, and
the State Legislature is considering a State-wide ban.
Analysis/Discussion: Ordinance 2012-04 established a new chapter in Title 8 of the City's
Municipal Code: Chapter 8.74. Single-Use Plastic Carryout Bags. This
chapter is included as Attachment A. The new regulat ions, which went
into effect on July 3, 2012:
Eliminated the use of single-use plastic bags by retail
establ ishment s with some exceptions; and
Encouraged the use of reusable bags
In deliberating the Ordinance in 2012, the Council considered but
ultimately did not include a requirement to charge a small fee for each
paper bag distributed. The fee was to encourage customers to bring their
own reusable bags or decline a bag altogether. Ultimately, the City
Council omitted a paper bag fee component.
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In the adopti on hearing on July 3, 2012, the Council identified three areas
where the effectiveness of the Ordi nance could be measured. These
three measures of effectiveness were:
the type of bags that the City's businesses are using
the type of bags that customers are using
the type of bags that are being collected on the beach
Compliance and Effectiveness
Compliance with the prohibition on single-use plastic carryout bags has
been very good, with City staff receiving very few complaints of non-
compliance.
Members from Save our Shores have collected data on the effect iveness
of the ordinance to encourage use of reusable bags and have expressed a
desire for the City Council to revisit the per-bag fee component. Recent
correspondence from Save our Shores including a comparative pre-ban
and post-ban analysis of the frequency that shoppers in Carmel use
reusable bags or no bags is provided as Attachment B.
Legislature at the Local and State Level
Several other local jurisdictions including many in Monterey and Santa
Cruz Counties have similar bans on single-use plastic carryout bags. Most
of these local bans do require that merchants charge a per-bag fee. In
addition, the State Legislature is working on a potent ial State-wide single-
use plastic carryout bag ban (SB 270, Padilla). The current version of this
legislation, which is included as Attachment C, would require a $0.10 per-
bag fee.
The current version of SB 270 would allow cities and counties with local
plastic bag ordinances that were adopted prior to September 2014 to
continue to enforce these local ordinances. However, any modifications
to such a local ordinance after September 1, 2014 would need to be
consistent with the new legislation, if passed. The pertinent section that
di scusses preemption is Section 42287 (c).
The County of Monterey Board of Supervisors on March 18, 2014,
decided to proceed with the consideration a reusable bag ordinance that
would apply to the unincorporated areas of Monterey County. The intent
is to get a locally-adopted ordinance in place prior to any pre-emption by
the possible passage of SB 270. County staff have asked if any of the
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Alternatives:
Fiscal Impact:
cities within Monterey County would like to collaborate on and
participate in the development of a new ordinance. The letter from
Monterey County is included as Attachment D.
The Council could direct staff to bring forth an ordinance amendment for
revisions to the existing ordinance. This would need to be adopted prior
to September 1, 2014, in order for the City to avoid pre-emption by any
new State legislation. Should this alternative be selected, it would entail
a new unanticipated undertaking requiring staff and public outreach
efforts.
There are no significant costs with monitoring the compliance with this
ordinance. Reports of non-compliance are rare and are investigated as
part of the normal workload of Code Compliance staff. Should the
Council direct staff to revise the Ordinance, this could be included as an
additional activity of the City. Additional CEQA analysis may be required,
however, and the cost of this environmental analysis is unknown but
likely would be approximately $10,000 or less.
Previous Council
Action/Decision History:
Attachments:
The City Council adopted Ordinance 2012-04 on July 3, 2012. There was
also a Council workshop related to possible alternatives to a mandatory
ban on single-use plastic carryout bags on July 2, 2012. The Council
continued this item as part of agenda management on March 4, 2014.
Attachment A- Single-Use Plastic Carryout Bags Ordinance
Attachment B- Recent Correspondence from Save our Shores regarding the Ordinance
Attachment C- Current Version of SB 270
Attachment D- April 8, 2014 letter from Monterey County
Reviewed by:
City City Attorney D Administrative Services D
Asst. City Admin. D Dir of CPB

Dir of Public Svcs D
Public Safety Dir D Library Dir D Other D
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Attachment A
Chapter 8.74
SINGLE-USE PLASTIC CARRYOUT BAGS
Sections:
8.74.010 Purpose.
8.74.020 Definitions.
8.74.030 Applicability.
8.74.040 Exemption.
8.74.050 Enforcement.

The production and disposal of single-use plastic bags cause significant environmental
impacts including contamination of the environment, the deaths of marine animals
through ingestion and entanglement, and widespread litter. The purpose of this chapter
is to protect, conserve and enhance the City's unique natural beauty and irreplaceable
natural resources through the elimination of single-use plastic carryout bags and by
encouraging the use of reusable bags. The ordinance codified in this chapter shall
become effective six months after the effective date of adoption. (Ord. 2012-04 (Exh. A),
2012).
8.74.020 Definitions.
A A "single-use plastic carryout bag" is defined as a plastic bag provided at the check
stand, cash register, point of sale, or other point of departure for the purpose of
transporting food or merchandise out of the establishment. Single-use plastic carryout
bags do not include bags, a maximum of 11 inches by 17 inches, without handles
provided to the customer (1) to transport produce, bulk food, candy or meat from a
product, bulk food or meat department within a store to the point of sale; (2) to hold
prescription medication dispensed from a pharmacy; or (3) to segregate food or
merchandise that could damage or contaminate other food or merchandise when placed
together in a bag.
B. A "reusable bag" is defined as a bag with handles that is specifically designed and
manufactured for multiple reuse and is either: (1) made of cloth or other machine
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washable fabric; (2) made of durable plastic that is at least 2.25 mils thick or (3) other
durable material suitable for reuse. (Ord. 2012-04 (Exh. A), 2012).
.. --- . .. ..... ________ ................................... _______ -------.......... -............................... .. .. .. ... ............................. _ .. ___ .............. ..
No retail establishment that sells perishable or nonperishable goods including, but not
limited to, clothing, food, and personal items directly to the customer shall provide a
single-use plastic carryout bag to a customer at the check stand, cash register, point of
sale or other point of departure for the purpose of transporting food or merchandise out
of the establishment except as provided in this section. A reusable bag or a recycled
bag may be provided to the customer, pursuant to this section.
A. Public eating establishments, defined as restaurants, take-out food establishments,
or any other business that receives 90 percent or more of its revenue from the sale of
food which is prepared on the premises, to be eaten on or off its premises, are not
considered retail establishments for the purpose of this chapter.
B. A nonprofit charitable reuser, which is a charitable organization as defined in Section
501 (c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of
the charitable organization, that reuses and recycles donated goods or materials and
receives more than 50 percent of its revenues from the handling and sale of those
donated goods or materials, are not considered retail establishments for the purpose of
this chapter. (Ord. 2012-04 (Exh. A), 2012).
.. .......... _ .. ___ ...... .... _ ... _. _ ......... .. - ....................................................... -................ __ ........................ ................. _ ........ ___ .. ____ _
The City Administrator, or his/her designee, may exempt an affected entity from the
requirements of this chapter for a period of up to one additional year after the operative
date of this chapter, upon sufficient showing by the applicant that the provisions of this
chapter would cause undue hardship. The phrase "undue hardship" includes:
A. Situations where there are no acceptable alternatives to single-use plastic carryout
bags for reasons which are unique to the entity;
B. Situations where compliance with the requirements of this chapter would deprive a
person of a legally protected right. (Ord. 2012-04 (Exh. A), 2012).
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8.74.050 Enforcement.
Violations of this chapter may be enforced with this section.
A. The City Administrator, or his/her designee, shall be responsible for enforcing this
chapter and shall have authority to issue citations for violations.
B. Anyone violating or failing to comply with any of the requirements of this chapter shall
be guilty of an infraction.
C. The City Attorney may seek legal, injunctive, or other relief to enforce the provisions
of this chapter.
D. The remedies and penalties provided in this chapter are cumulative and not
exclusive of one another.
E. Violations of this chapter shall be enforced as follows:
1. For the first violation, City Administrator or designee shall issue a written
warning specifying that a violation of this chapter has occurred and which
further notifies the retail establishment of appropriate penalties to be
assessed in the event of future violations. The establishment will have 30
days to comply.
2. The following penalties will apply for subsequent violations of this
chapter:
a. A fine not exceeding $100.00 for the first violation 30 days after the
first warning.
b. A fine not exceeding $200.00 for the second violation 60 days after
the first warning.
c. If not in compliance 90 days after the first warning, the establishment
may be scheduled for a business license revocation hearing with the
Planning Commission in accordance with CMC 5.12.040. (Ord. 2012-
04 (Exh. A), 2012).
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Rob Mullane
From:
Sent:
To:
Cc:
Subject:
Attachments:
HI Rob,
Brad Hunt {brad@saveourshores.org]
Thursday, February 20, 2014 5:03PM
Rob Mullane
Laura Kasa
SOS Carmel bag survey data
Carmel Bag ban data_SOS_CCSA.pdf
Attachment B
RECEIVED
FEB 2 0 Z014
City or Carmel-by-the-Sea
Planning & Building llept.
1 have attached our bag ban survey data for you to use for your staff report. We have found in cities/counties where
there is a fee of 25 cents (Capitola/ Santa Cruz County) there has been a compliance of 84%-89% of reusable bag use or
people opting not to take a bag at all bag.
We have also seen that possible inadequate education and outreach and follow up with businesses has resulted in
inconsistencies in fees and types of bags provided to customers from store to store in some areas.
Another issue we discovered with several ordinances is that there was no fee on the thicker 2.25 mil plastic bags, only a
fee on paper, so the thicker plastic bags could be provided for free. We are recommending that all types of bags be
treated equally and are charged the same minimum fee.
The intent of these ordinances is to change behavior and have consumers shift to truly reusable bags and not replace
one bag with another be It paper or thicker plastic so charging a fee for one and not the other does not give us the
desired result.
Please feel free t o contact me if you have any questions.
Best regards,
Brad Hunt
Program Manager
Save Our Shores
Tel: 831.462.5660 X 5#
Fax: 831.462.6070
Website I Facebook I Twitter
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Save Our Shores and the Central Coast Sanctuary Alliance Pre and Post bag ban ordinance data for the City of Carmel
Total#of
#of #of Total I of shoppers
shoppers shoppers shoppers using
using usinc using reusable
!
paper plastk: single- bags or no Total #of
Date Store Name Start time Duration bags bags use bags bag shoppers
8/28/2012 Nlelsons noon 1 hour 22 47 69 32 101
8/28/2012 Brunos noon 1 hour 3 71 80 0 80
8/28/2012 Carmel Plaza noon 1 hour 34 10 44 4 48
laub's country
8/28/2012 store noon 1 hour 10 1 11 1 12
Endless
8/28/2012 Carmel noon 1 hour 0 2 2 0 2
1/22/2013 Brunos 16:00 1 hour 31 0 31 25 56
1/22/2013 Nielsons 16:00 1hour 4 15 19 7 26
Intersection of
Ocean and San
1/23/2013 Carlos 16:00 1 hour 53 13 66 7 73
1/25/2013 Brunos 12:00 1 hour 43 0 43 71 114
1/26/2013 Nielsons 13:30 1 hour 1 11 12 10 22
TOTALS before plastic ban 377 157 534
2/22/2013 Carmel Plaza* 12:30 1 hour 36 2 38 0 38
2/22/2013 Nielsons 17:10 1 hour 31 0 31 14 45
2/23/2013 Carmel Plaza 10:00 1 hour 30 1 31 0 31
2/24/2013 Brunos 10:00 1 hour 31 4 35 2 37
2/26/2013 Nlelsons 9:30 1hour 10 10 14 24
-
RECEIVED
FEB 2 0 2014
City of Carmel-by-the-Sea
Planning & Building Dept.
%of
shoppers
using
reusable
bags or no
bag Comments
32%
0%
8%
8%
0%
45%
27%
10%
62% 1 reusable bag
45% 1 reusable bag
29%
0%
All paper bags, no thick
plastic; 11 No bag, 3
31% reusable bags.
0%
5%
58%
-- --- ~
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.-+
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.-+
OJ
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4
Save Our Shores and the Central Coast Sanctuary Alliance Pre and Post bag ban ordinance data for the City of Carmel
I 6/2/2013 Nielsons 9:00 1 hour 3 0 3 13 16
6/3/2013 Brunos 12:25 1 hour 84 0 84 47 131
1 hour
6/4/2013 Nielsons 12:30 19 0 19 12 31
6/4/2013 Brunos 17:40 1 hour 35 0 35 22 57
6/4/2013 Carmel Plaza 16:45 1 hour 46 0 46 6 52
The Club &
6/7/2013 Lloyd's 14:30 1 hour 13 0 13 0 13
Carmel
6/7/2013 Forecast 14:30 1 hour 0 21 21 1 22
TOTALS after plastic bas ban with no fee 366 131 497
- -
81%
36%
39%
39%
12%
0%
5%
26%
- -
All paper bags, no thick
plastic; There were 0
Reusable Bags
All paper bags, no thick
plastic; 43 No bag, 4
reusable bass.
All paper bags, no thick
plastic; There were 0
Reusable Bags
All paper bags, no thick
plastic; 18 No bag, 4
reusable bags.
'
I
2.25 mm plastic bags
provided to customers
-- -- ~ ~ --
~
-
Q)
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-
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85
BILL NUMBER: SB 270 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 6, 2014
INTRODUCED BY Senator Padilla
Senators Padilla, De Leon, and
Lara
FEBRUARY 14, 2013
An act to add Section 106.5 to the Labor Code, relating
to employment. An act to add Chapter 5.3 (commencing
with Section 42280) to Part 3 of Division 30 of the Public Resources
Code, relating to solid waste, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 270, as amended, Padilla. Underground economy:
enforcement actions. Solid waste: single-use carryout
bags.
(1) Existing law, until 2020, requires an operator of a store, as
defined, to establish an at-store recycling program that provides to
customers the opportunity to return clean plastic carryout bags to
that store.
This bill, as of July 1, 2015, would prohibit stores that have a
specified amount of sales in dollars or retail floor space from
providing a single-use carryout bag to a customer, with specified
exceptions. The bill would also prohibit a store from selling or
distributing a recycled paper bag at the point of sale unless the
store makes that bag available for purchase for not less than $0.10.
The bill would also allow such a store, on or after July 1, 2015, to
distribute compostable bags at the point of sale only in
jurisdictions that meet specified requirements and at a cost of not
less than $0.10. The bill would require these stores to meet other
specified requirements on and after July 1, 2015, regarding providing
reusable grocery bags to customers, including distributing those
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Attachment C
86
bags only at a cost of not less than $0.10.
The bill, on and after July 1, 2016, would additionally impose
these prohibitions and requirements on convenience food stores,
foodmarts, and entities engaged in the sale of a limited line of
goods, or goods intended to be consumed off premises, and that hold a
specified license with regard to alcoholic beverages.
The bill would allow a retail establishment to voluntarily comply
with these requirements, if the retail establishment notifies the
department and pays a registration fee established by the department.
The bill would require the operator of a store that has a
specified amount of sales in dollars or retail floor space, in
addition to complying with existing requirements, to establish an
at-store recycling program that provides an opportunity for customers
to return to the store clean polyethylene, polypropylene, and
polyethylene terephthalate bags, including requiring those bags that
are provided by the store to display a specified notice and providing
for the placement of collection bins in a specified manner.
The bill would require certain stores selling a reusable grocery
bag on and after July 1, 2015, to a customer at the point of sale to
meet specified requirements with regard to the bag's durability,
material, labeling, heavy metal content, and, with regard to reusable
grocery bags made from plastic on and after January 1, 2016,
recycled material content. The bill would impose these requirements
as of July 1, 2016, on the stores that are otherwise subject to the
bill's requirements.
The bill would prohibit a producer of reusable grocery bags made
from specified plastics from selling or distributing those bags on
and after January 1, 2016, unless the producer is certified by the
Department of Resources Recycling and Recovery. The bill would
require the application for certification to include specified
information that verifies the incorporation of clean postconsumer
recycled material. The bill would also authorize a supplier of
postconsumer recycled material to a producer of those bags to apply
to the department for certification as a supplier of material. The
bill would specify a procedure for a person to submit a written
request to the department objecting to approval of a certification
and for the holding of a hearing regarding that approval.
The department would be authorized to suspend or revoke a
certification under specified circumstances and would be required to
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publish on its Internet Web site a list of certified reusable grocery
bag producers and suppliers and reusable grocery bags that comply
with the requirements of the bill. The bill would require the
department to establish a certification fee schedule to cover the
department's costs to implement these requirements, which a reusable
grocery bag producer or supplier applying for certification would be
required to pay. The bill would also require a reusable grocery bag
producer to submit specified laboratory test results to the
department.
A violation of these requirements would be subject to an
administrative civil penalty assessed by the department. The
department would be required to deposit these penalties into the
Reusable Bag Account, which would be created in the Integrated Waste
Management Fund, for expenditure by the department, upon
appropriation by the Legislature, to implement those requirements.
The bill would allow a city, county, or city and county, or
the state to impose civil penalties for a violation of the bill's
requirements, except as specified. The bill would require these civil
penalties to be paid to the office of the city attorney, city
prosecutor, district attorney, or Attorney General, whichever office
brought the action, and would allow the penalties collected by the
Attorney General to be expended by the Attorney General, upon
appropriation by the Legislature, to enforce the bill's provisions.
The bill would provide that these remedies are not exclusive, as
specified.
The bill would declare that it occupies the whole field of the
regulation of reusable grocery bags, single-use carryout bags, and
recycled paper bags and would prohibit a local public agency from
enforcing or implementing an ordinance, resolution, regulation, or
rule adopted on or after September 1, 2014, relating to those bags,
against a store unless expressly authorized. The bill would allow a
local public agency that has adopted such an ordinance, resolution,
regulation, or rule prior to September 1, 2014, to continue to
enforce and implement that ordinance, resolution, regulation, or
rule, and would preempt any amendments to that ordinance, resolution,
regulation, or rule, except that the bill would allow a local public
agency to adopt or amend an ordinance, resolution, regulation, or
rule setting a price for a recycled paper bag, compostable bag, or
reusable grocery bag.
(2) The California Integrated Waste Management Act of 1989 creates
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the Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account and continuously appropriates the
funds deposited in the subaccount to the department for making loans
for the purposes of the Recycling Market Development Revolving Loan
Program. Existing law makes the provisions regarding the loan
program, the creation of the subaccount, and expenditures therefrom
inoperative on July 1, 2021, and repeals them as of January 1, 2022.
This bill would appropriate $2,000,000 from the Recycling Market
Development Revolving Loan Subaccount in the Integrated Waste
Management Account to the department for the purposes of providing
loans and grants for the creation and retention of jobs and economic
activity in California for the manufacture and recycling of plastic
reusable grocery bags that use recycled content. The bill would
require a recipient of a grant to agree, as a condition of receiving
a grant, to take specified actions.
Existing law establishes the Joint Enforcement Strike Force on the
Underground Economy to combat tax violations and cash pay employment
and to report to the Legislature on the underground economy by June
30 of each year. The Department of Industrial Relations established
the Labor Enforcement Task Force to help to eliminate the underground
economy by ensuring that employers do not violate wage, hour, and
safety laws by illegally hiring workers.
This bill would require, to the extent feasible, agencies
participating in either of these groups to coordinate their law
enforcement activities and to mcchange information between them
regarding these activities.
Vote: majority. Appropriation: --ne- yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5.3 (commencing with Section
42280) is added to Part 3 of Division 30 of the Public
Resources Code , to read:
CHAPTER 5.3. SINGLE-USE CARRYOUT BAGS
Article 1. Definitions
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42280. (a) "Department" means the Department of Resources
Recycling and Recovery.
(b) "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.
(c) "Recycled paper bag" means a paper carryout bag provided by a
store to a customer at the point of sale that meets all of the
following requirements:
(1) (A) Except as provided in subparagraph (B), contains a minimum
of 40 percent postconsumer recycled materials.
(B) An eight pound or smaller recycled paper bag shall contain a
minimum of20 percent postconsumer recycled material.
(2) Is accepted for recycling in curbside programs in a majority
of households that have access to curbside recycling programs in the
state.
(3) Has printed on the bag the name of the manufacturer, the
country where the bag was manufactured, and the minimum percentage of
postconsumer content.
(d) "Reusable grocery bag" means a bag that is provided by a store
to a customer at the point of sale that meets the requirements of
Section 42281.
(e) (1) "Reusable grocery bag producer" means a person or entity
that does any of the following:
(A) Manufactures reusable grocery bags for sale or distribution to
a store.
(B) Imports reusable grocery bags into this state, for sale or
distribution to a store.
(C) Sells or distributes reusable bags to a store.
(2) "Reusable grocery bag producer" does not include a store, with
regard to a reusable grocery bag for which there is a manufacturer
or importer, as specified in subparagraph (A) or (B) of paragraph
(1).
(f) (1) "Single-use carryout bag" means a bag made of plastic,
paper, or other material that is provided by a store to a customer at
the point of sale and that is not a recycled paper bag or a reusable
grocery bag that meets the requirements of Section 42281.
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(2) A single-use carryout bag does not include either of the
following:
(A) A bag provided by a pharmacy pursuant to Chapter 9 (commencing
with Section 4000) of Division 2 of the Business and Professions
Code to a customer purchasing a prescription medication.
(B) A nonhandled bag used to protect a purchased item from
damaging or contaminating other purchased items when placed in a
recycled paper bag, a reusable grocery bag, or a compostable plastic
bag.
(g) "Store" means a retail establishment that meets any of the
following requirements:
(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
groceries, canned goods, or nonfood items, and some perishable
items.
(2) Has 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 has a pharmacy licensed
pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of
the Business and Professions Code.
(3) Is a convenience food store, foodmart, or other entity that is
engaged in the retail sale of a limited line of goods, generally
including milk, bread, soda, and snack foods, and that holds a Type
20 or Type 21license issued by the Department of Alcoholic Beverage
Control.
( 4) Is a convenience food store, food mart, or other entity that is
engaged in the retail sale of goods intended to be consumed off the
premises, and that holds a Type 20 or Type 21license issued by the
Department of Alcoholic Beverage Control.
(5) Is not otherwise subject to paragraph (1), (2), (3), or ( 4),
if the retail establishment voluntarily agrees to comply with the
requirements imposed upon a store pursuant to this chapter, notifies
the department of its intent to comply with the requirements imposed
upon a store pursuant to this chapter, and pays the registration fee
that may be established pursuant to Section 42284.
Article 2. Reusable Grocery Bags
42281. (a) On and after July 1, 2015, a store, as defined in
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paragraph (1) or (2) of subdivision (g) of Section 42280, may sell or
distribute a reusable grocery bag to a customer at the point of sale
only if the reusable bag meets all of the following requirements:
(1) Has a handle and is designed for at least 125 uses. A bag
satisfies this minimum use requirement if the bag is capable of
carrying two full, one gallon milk jugs for 125 uses and meets either
of the following requirements:
(A) If the bag is made of polyethylene, polypropylene, or
polyethylene terephthalate, the bag has a minimum thickness of at
least 2.25 mils.
(B) If the bag is made of a woven or nonwoven polymer or fiber,
the bag has a minimum fabric weight of at least 80 grams per square
meter.
(2) Has a volume capacity of at least 15 liters.
(3) Is machine washable or made from a material that can be
cleaned and disinfected.
( 4) Has printed on the bag, or on a tag attached to the bag that
is not intended to be removed, and in a manner visible to the
consumer, all of the following information:
(A) The name of the manufacturer.
(B) The country where the bag was manufactured.
(C) A statement that the bag is a reusable bag and designed for at
least 125 uses.
(D) Instructions to return the bag to the store for recycling or
to another appropriate recycling location, if applicable.
(5) Does not contain lead, cadmium, or any other heavy metal in
toxic amounts. This requirement shall not affect any authority of the
Department of Toxic Substances Control pursuant to Article 14
(commencing with Section 25251) of Chapter 6.5 of Division 20 of the
Health and Safety Code and, notwithstanding subdivision (c) of
Section 25257.1 ofthe Health and Safety Code, the reusable grocery
bag shall not be considered as a product category already regulated
or subject to regulation.
(6) Complies with Section 260.12 of Part 260 of Title 16 of the
Code of Federal Regulations related to recyclable claims if the
reusable grocery bag producer makes a claim that the reusable grocery
bag is recyclable.
(b) In addition to the requirements in subdivision (a), a reusable
grocery bag made from plastic, including sheet, woven, or nonwoven
plastic, shall meet all of the following requirements:
(1) On and after January 1, 2016, be made from a minimum of20
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percent postconsumer recycled material,
(2) On and after January 1, 2020, be made from a minimum of 40
percent postconsumer recycled material.
(3) All postconsumer recycled material shall be cleaned using
washing equipment specifically designed for that purpose.
( 4) In addition to the information required to be printed on the
bag or on a tag, pursuant to paragraph ( 4) of subdivision (a), a
statement that the bag is made partly or wholly from postconsumer
material, as applicable, as well as stating the percentage.
(c) A plastic reusable grocery bag that also meets the
specifications of the American Society of Testing and Materials
(ASTM) Standard Specification for Compostable Plastics 06400, as
published in September 2004, is not required to meet the requirements
of paragraph (1) or (2) of subdivision (b), but shall be labeled in
accordance with the applicable state law regarding compostable
plastics.
(d) On and after July 1, 2016, a store as defined in paragraph (3)
or ( 4) of subdivision (g) of Section 42280, shall comply with the
requirements of this section.
42281.5. (a) On and after January 1, 2016, a producer of
polyethylene, polypropylene, or polyethylene terephthalate reusable
grocery bags shall not sell or distribute a reusable grocery bag in
this state unless the producer is certified by the department
pursuant to this section. Certification shall require that the
reusable grocery bags sold by the producer comply with the
requirements of Section 42281. The application for certification
submitted by the producer shall verify the incorporation of cleaned
postconsumer recycled material into bags, as required by paragraphs
(1 ), (2), and (3) of subdivision (b) of Section 42281, and shall
include all of the following:
(1) Names, locations, and contact information of all sources and
suppliers of postconsumer recycled material. Except as provided in
subdivision (c), the supplier shall be certified by the department as
a post-consumer recycled material supplier pursuant to subdivision
(b).
(2) Quantity and dates of postconsumer recycled material purchases
by the reusable bag producer.
(3) Any other information that the department may require to
enable verification of the information provided in the application.
(b) A supplier of material to a producer of polyethylene,
polypropylene, or polyethylene terephthalate reusable grocery bags
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may apply to the department for certification as a supplier of
material. The application for certification shall verify the methods
of collecting and processing the postconsumer recycled material,
including all of the following:
(1) How the postconsumer material is obtained.
(2) Washing equipment, including the name of the maker, model,
description, photographs, and exact locations of the equipment.
(3) Any other information that the department may require to
enable verification of the information provided in the application.
(c) If a reusable grocery bag producer obtains postconsumer
recycled material without an intermediate supplier, the reusable
grocery bag producer is not required to provide, in its application,
the information regarding the certification of a supplier pursuant to
subdivision (b), but shall provide the department with the same
information otherwise required under paragraphs (1) to (3),
inclusive, of subdivision (b).
(d) The department shall provide a system to submit applications
for certification online.
(e) The department shall post on its Internet Web site 90 days
written notice of its intention to approve or disapprove a
certification application submitted pursuant to subdivision (a) or
(b), including its proposed decision, and shall invite public
comments. The notice shall include copies of all documents submitted
in support of the application, with pricing information removed. The
department may respond to any public comments submitted in writing.
The department shall issue a written ruling on the application,
stating its reasons and fully explaining its responses to any
objections.
(f) (1) A person may object to a proposed approval of a
certification on the grounds that the application for certification
of the reusable grocery bag producer or supplier did not comply with
the requirements imposed pursuant to this section, including the
verification of postconsumer recycled material, by submitting a
written request to the department.
(2) Upon receiving a written request pursuant to paragraph (1),
the department shall hold a public hearing before approving the
application.
(3) After holding a hearing pursuant to paragraph (2), the
department shall issue a written ruling on the application, stating
its reasons and fully explaining its response to any objections in
the written request.
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( 4) A person objecting to the department's approval of
certification, following a hearing conducted pursuant to paragraph
(2), may file an action for review of that approval in the superior
court of Sacramento County within 90 days of the ruling. The court
shall make its own independent findings on whether the department, in
approving the application for certification, obtained verified
evidence of postconsumer material, and may consider evidence that was
not submitted to the department.
(g) The department may suspend or revoke a certification of a
reusable grocery bag producer or supplier upon 90 days written notice
if the department receives a complaint supported by substantial and
credible evidence that the reusable grocery bags distributed by the
producer do not comply with the requirements of Section 42281 or that
the supplier is not in compliance with the information supplied in
the application for certification.
(h) On and after January 1, 2016, the department shall publish a
list on its Internet Web site that includes all of the following:
(1) The name, location, and contact information of all certified
reusable grocery bag producers and all certified post-consumer
recycled material suppliers.
(2) The reusable grocery bags distributed by a reusable grocery
bag producer certified by the department.
42282. (a) Upon request by the department, a reusable grocery bag
producer shall submit laboratory test results from independent,
accredited (ISO /IEC 17025) laboratories to the department confirming
that the reusable grocery bag meets the requirements of Section 42281
for each type of reusable grocery bag that is manufactured,
imported, sold, or distributed in the state and provided to a store
for sale or distribution.
(b) The department may test any reusable grocery bag manufactured
by a reusable grocery bag producer and provided to a store for sale
or distribution for compliance with this article and the regulations
adopted pursuant to this article.
(c) The department may inspect and audit a certified reusable
grocery bag producer subject to this article to ensure continuing
compliance with Section 42281. All costs associated with the audit
shall be paid by the reusable grocery bag producer.
(d) The department may enter into an agreement with other state
entities that conduct inspections to provide necessary enforcement of
this article.
42282.1. (a) A reusable grocery bag producer or supplier shall
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submit the fee established pursuant to subdivision (b) to the
department when making an application for certification.
(b) The department shall establish a certification fee schedule
that will generate fee revenues sufficient to cover, but not exceed,
the department's reasonable costs to implement and enforce this
article. The department may expend the fees collected pursuant to
this section, upon appropriation by the Legislature, to carry out
this article.
42282.2. (a) Notwithstanding Section 42285, a violation of this
article shall be subject to an administrative civil penalty assessed
by the department in an amount not to exceed five hundred dollars
($500) for the first violation. A subsequent violation is subject to
a penalty of up to five hundred dollars ($500) per prior violation,
not to exceed five thousand dollars ($5,000) per violation.
(b) On and after January 1, 2016, a store in violation of Section
42281 shall remove from the point of sale any reusable grocery bags
made from polyethylene, polypropylene, or polyethylene terephthalate
that were not distributed or sold by a certified reusable grocery bag
producer pursuant to Section 42282 within seven days after the store
receives notification of the violation.
42282.3. The department shall deposit all penalties collected
pursuant to subdivision (a) of Section 42282.1 for a violation of
this article into the Reusable Bag Account, which is hereby created
in the Integrated Waste Management Fund. The moneys in the Reusable
Bag Account shall be expended by the department, upon appropriation
by the Legislature, to assist the department with its costs of
implementing this article.
Article 3. Single-Use Carryout Bags
42283. (a) Except as provided in subdivisions (d) and (e), on and
after July 1, 2015, a store, as defined in paragraph (1) or (2) of
subdivision (g) of Section 42280, shall not provide a single-use
carryout bag to a customer at the point of sale.
(b) (1) On and after July 1, 2 015, a store shall not sell or
distribute a reusable grocery bag at the point of sale except as
provided in this subdivision.
(2) On and after July 1, 2015, a store may make available for
purchase at the point of sale a reusable grocery bag that meets the
requirements of Section 42281.
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(3) On and after July 1, 2015, a store that makes reusable grocery
bags available for purchase pursuant to paragraph (2) shall not sell
the reusable grocery bag for less than ten cents ($0.10) in order to
ensure that the cost of providing a reusable grocery bag is not
subsidized by a customer who does not require that bag.
(c) (1) On and after July 1, 2015, a store shall not sell or
distribute a recycled paper bag except as provided in this
subdivision.
(2) A store may make available for purchase a recycled paper bag.
On and after July 1, 2015, the store shall not sell a recycled paper
bag for less than ten cents ($0.10) in order to ensure that the cost
of providing a recycled paper bag is not subsidized by a consumer who
does not require that bag.
(d) Notwithstanding any other law, on and after July 1, 2015, a
store that makes reusable grocery bags or recycled paper bags
available for purchase at the point of sale sha11 provide a customer
participating in the California Special Supplemental Food Program for
Women, Infants, and Children pursuant to Article 2 (commencing with
Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health
and Safety Code and a customer participating in the Supplemental Food
Program pursuant to Chapter 10 (commencing with Section 15500) of
Part 3 of Division 9 of the Welfare and Institutions Code with a
reusable grocery bag or a recycled paper bag at no cost at the point
of sale.
(e) On and after July 1, 2015, a store may distribute a
compostable bag at the point of sale, if the compostable bag is
provided to the consumer at the cost specified pursuant to paragraph
(2), the compostable bag, at a minimum, meets the American Society
for Testing and Materials (ASTM) Standard Specification for
Compostable Plastics D6400, and in the jurisdiction where the
compostable bag is sold and in the jurisdiction where the store is
located, both of the following requirements are met:
(1) A majority of the residential households in the jurisdiction
have access to curbside collection of food waste for com posting.
(2) The governing authority for the jurisdiction has voted to
allow stores in the jurisdiction to sell to a consumers at the point
of sale a compostable bag at a cost not less than the actual cost of
the bag, which the Legislature hereby finds to be not less than ten
cents ($0.10) per bag.
(f) A store shall not require a customer to use, purchase, or
accept a single-use carryout bag, recycled paper bag, compostable
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bag, or reusable grocery bag as a condition of sale of any product.
42283.5. On and after July 1, 2016, a store, as defined in
paragraph (3) or ( 4) of subdivision (g) of Section 42280, shall
comply with the same requirements of Section 42283 that are imposed
upon a store, as defined in paragraph (1) or (2) of subdivision (g)
of Section 42880.
42283.6. The operator of a store, as defined in paragraph (1) or
(2) of subdivision (g) of Section 42280 shall, in addition to
complying with the requirements of Chapter 5.1 (commencing with
Section 42250), establish an at-store recycling program that provides
an opportunity for customers to return to the store a clean
polyethylene, polypropylene, or polyethylene terephthalate bag,
including, but not limited to, a single-use carryout bag or a
reusable grocery bag. The at-store recycling program shall include
all of the following:
(a) Any polyethylene, polypropylene, and polyethylene
terephthalate bag provided by the store shall have printed or
displayed on the bag or on a tag, in a manner visible to a consumer,
and in compliance with Section 42281, the words "PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING."
(b) A collection bin shall be placed at each store and shall be
visible, easily accessible to the consumer, and clearly marked that
the collection bin is available for the purpose of collecting and
recycling a polyethylene, polypropylene, or polyethylene
terephthalate bag.
(c) All polyethylene, polypropylene, or polyethylene terephthalate
bags collected by the store pursuant to this section shall be
collected, transported, and recycled in a manner that does not
conflict with the local jurisdiction's source reduction and recycling
element, pursuant to Chapter 2 (commencing with Section 41000) and
Chapter 3 (commencing with Section 41300) of Part 2.
(d) A retail establishment that elects to comply with this chapter
pursuant to paragraph (5) of subdivision (g) of Section 42280 shall
establish an at-store recycling program in accordance with this
section.
42284. The department may establish a registration fee to be paid
by a retail establishment that elects to comply with the
requirements imposed pursuant to this chapter upon a store pursuant
to paragraph (5) of subdivision (g) of Section 42280. The department
shall set the amount of the fee in an amount that covers the costs to
the department to regulate the fee payer's compliance with this
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chapter. The department may expend the fees pursuant to this section,
upon appropriation by the Legislature, to carry out that regulatory
authority.
Article 4. Enforcement
42285. (a) Except as provided in Section 42282.2, a city, a
county, a city and county, or the state may impose civil liability in
the amount of five hundred dollars ($500) for the first violation of
this chapter, one thousand dollars ($1,000) for the second
violation, and two thousand dollars ($2,000) for the third and
subsequent violations.
(b) Any civil penalties collected pursuant to subdivision (a)
shall be paid to the office of the city attorney, city prosecutor,
district attorney, or Attorney General, whichever office brought the
action. The penalties collected pursuant to this section by the
Attorney General may be expended by the Attorney General, upon
appropriation by the Legislature, to enforce this chapter.
(c) The remedies provided by this section shall not be exclusive
and shall be in addition to the remedies that may be available
pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code.
Article 5. Preemption
42287. (a) Except as provided in subdivision (c), this chapter is
a matter of statewide interest and concern and is applicable
uniformly throughout the state. Accordingly, this chapter occupies
the whole field of regulation of reusable grocery bags, single-use
carryout bags, and recycled paper bags, as defined in this chapter.
(b) On and after January 1, 2015, a city, county, or other local
public agency shall not enforce, or otherwise implement, an
ordinance, resolution, regulation, or rule adopted on or after
September 1, 2014, relating to reusable grocery bags, single-use
carryout bags, or recycled paper bags, against a store, as defined in
this chapter, unless expressly authorized by this
chapter.
(c) A city, county, or other local public agency that has adopted,
prior to September 1, 2014, an ordinance, resolution, regulation, or
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rule relating to reusable grocery bags, single-use carryout bags, or
recycled paper bags may continue to enforce and implement that
ordinance, resolution, regulation, or rule that was in effect before
that date. Any amendments to that ordinance, resolution, regulation,
or rule on or after January 1, 2015, shall be subject to subdivision
(b), except any city, county, or other local public agency may adopt
or amend an ordinance, resolution, regulation, or rule with regard to
the amount that a store shall charge with regard to a recycled paper
bag, compostable bag, or reusable grocery bag.
Article 6. Financial Provisions
42288. (a) Notwithstanding Section 42023.2, the sum of two
million dollars ($2,000,000) is hereby appropriated from the
Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account to the department for the
purposes of providing loans and grants for the creation and retention
of jobs and economic activity in this state for the manufacture and
recycling of plastic reusable grocery bags that use recycled content,
including postconsumer recycled material.
(b) The department shall expend the funds appropriated pursuant to
this section to provide loans and grants for both of the following:
(1) Development and conversion of machinery and facilities for the
manufacture of single-use plastic bags into machinery and facilities
for the manufacturer of durable reusable grocery bags that, at a
minimum, meet the requirements of Section 42281.
(2) Development of equipment for the manufacture of reusable
grocery bags, that, at a minimum, meet the requirements of Section
42281.
(c) A recipient of a grant authorized by this section shall
agree, as a condition of receiving a grant, to retain and retrain
existing employees for the manufacturing of reusable grocery bags
that, at a minimum, meet the requirements of Section 42281.
SECTION 1. Section 106.5 is added to the Labor
Code, to read:
106.5. Agencies participating in the Joint Enforcement Strike
force, established pursuant to Section 329 of the Unemployment
Insurance Code, and the Labor Enforcement Task force, established by
the department, shall, to the degree feasible, coordinate their law
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enforcement activities and shall exchange information to better
facilitate thmr law enforcement activities.
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Attachment D
MONTEREY COUNTY
DEPARTMENT OF HEALTH Ray Blll lick. i r e ~ t o r
ANIMAL SERVICES EMERGENCY 11EDICAL SERVICES PUBli C HEALTH
BcltAVIORAL HEALTii ENVIRONMENTAL HEAL"TH PU6U;:; ADMINISTRATOR PUBliC GUARDIAN
CliNIC SERVICES
April8, 2014 (for immediate release)
TO: All City Managers and Planning Directors
FROM: John Ramirez, Director, Environmental Health Bureau
RE: Survey of Local Interest in Plastic Bag Ban Ordinances
RECEiVED
APk 0 S 2U14
CJty or Ct:Jtmetb, the-Seo
Ptonr.nq e: Bull< ling D&pt
On March 18, 2014, the Board of Supervisors of the County of Monterey directed staff to move
forward with the preparation of a reusable bag ordinance for the Board's future consideration and to
investigate reliance upon a categorical exemption under the California Environmental Quality Act
(CEQA) if warranted by the evidence. The Board of Supervisors expressed strong support for
collaboration with the cities within Monterey County who are considering adoption of a similar ban on
plastic bags and authorized County to offer support to cities who express interest. Accordingly, we are
writing each city in Monterey County that has not already adopted a plastic bag ban to inquire whether
city staff desires to collaborate in the development of these ordinances.
BACKGROUND
Last year, the Monterey County Board of Supervisors directed staff to proceed with preparation of an
Environmental Impact Report (EIR) that would analyze both a proposed draft County reusable bag
ordinance as well as similar proposed ordinances by cities within Monterey County. Due to recent
court cases upholding a categorical exemption for ordinances that banned single use carry out plastic
bags and due to pending state legislation (SB270) that would preempt local ordinances adopted on or
after September 1, 2014, County staff returned to the Board of Supervisors on March 18,2014 to
obtain additional direction as to how to best proceed. Staff presented the Board with various options,
including drafting an ordinance for the Board's consideration prior to September 1, 2014 that would
rely upon a categorical exemption if appropriate.
The Board of Supervisors directed County staff to prepare an ordinance that would ban single-use
canyout plastic bags by certain categories of retail establishments and that would include a I 0 cent
charge on recyclable paper bags, and the Board directed staff to investigate whether reliance upon a
categorical exemption under CEQA would be appropriate. The Board directed staff to work with
cities in an effort to bring forward similar ordinances to the decision-making bodies of the cities and
the County and to provide support to participating cities by making available assistance from an
environmental consultant contracted by the County for the compilation of evidence and preparation of
findings in support of a categorical exemption under CEQA, if warranted by the evidence. The
County and each city would adopt ordinances with independent CEQA review. While it is recognized
that each city would independently decide whether to have the same or different charge for recyclable
1270 Natividad Rd. Salinas CA 93906, Phone (831) 755-4508
102
letter lo Cities
Local Interest in Plastic Bag Ban Ordinances
April8,2014
paper bags, the Board expressed a goal of similar charges for paper bags being adopted across the
county to the extent possible.
REQUEST TO CITIES
As a follow up to our recent direction from the Board, the County Environmental Health Bureau is
requesting input from each city regarding its potential interest in collaboration on ordinances
regulating plastic bags. The County of Monterey intends to contract with an environmental consultant
to gather evidence and, if warranted, prepare findings for a categorical exemption. We are offering to
provide support to participating cities by sharing information and assistance from the environmental
consultant.
If city staff would like to collaborate with County staff, please let us know by May 6, as County staff
is moving forward with preparation of the ordinance and contracting with the consultant with the aim
of presenting an ordinance to the Board of Supervisors prior to September 1, 2014. There will be no
obligation for participating cities to reimburse the County; however, the County will provide a
summary of cost to each city for the amount of service provided by the consultant based on the tasks
described in the contract.
We will once again be calling each city to explore your city's interest in collaborating with the
County. It is understood that in many cases each city council has not yet considered the issue or
provided any formal guidance to city staff. However any level of feedback provided to us by May 6th
or sooner would be greatly appreciated.
We will be following up with phone calls or you may contact Mark Dias by phone at 755-4617 or via
email at diasmr@co.monterey.caus
Sincerely,
John Ramirez, MP A, REHS
Director, Environmental Health Bureau
cc
Ray Bullick, Director, Health Department
2
1270 Natividad Rd. Salinas CA 93906, Phone (831) 755-4508