Item 3: Ordinance on Plastic Bags

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DISCUSSION Due to a staff error, an incorrect version of the ordinance was posted on the City’s website. Upon learning of the error, staff added the correct ordinance with a title of “Alternate Version” to the end of the incorrect version that is linked on the City’s website. The key differences between the posted ordinance and Councilor Zelenka’s proposed ordinance (“Alternative Version”) are: 1.Under Regulations section, the “Alternative Version” includes “City permitted events.” 2.Under Exemptions, the “Alternative Version” includes: “Retail establishments may distribute product bags and may make reusable bags available to customers whether through sale or otherwise.” 3.Under Exemptions, the “Alternative Version” includes an exemption from paying the pass- through fee for paper bags by individuals receiving state assistance. 4.Under Exemptions, the “Alternative Version” includes an exemption from itemizing the pass- through fee on receipts for vendors at farmers’ markets. 5.The “Alternative Version” does not include a section for providing the City Manager with authority to develop rules associated with the ordinance. 6.The “Alternative Version” does not include a section on community education and outreach. 7.The “Alternative Version” does not include a section directing where enforcement related penalties should be placed within City funds. 8.The “Alternative Version” states a six-month timeline for implementation whereas the posted version includes a 90-day implementation timeline. Staff recommends adopting Councilor Zelenka’s proposed ordinance (Alternative Version) with the following revisions. 1.Revise Definitions The proposed ordinance requires reusable plastic bags to be a minimum of 2.25 mil in thickness. (The term “mil” is the industry gauge for film plastic thickness.) 2.25 mil bags are not typically considered “reusable,” for they can easily tear as compared with more durable canvas or thicker density plastic. The City of Austin’s policy requires reusable plastic bags to be four mils, which allows for greater opportunities for reuse as compared with the 2.25 mil requirement. Staff recommends revising definitions to read: Reusable bag - A bag made of cloth or other material with handles that is specifically designed and manufactured for long-term multiple reuse and meets all of the following requirements: a.If cloth, is machine washable, or; b.If plastic, has a minimum plastic thickness of 2.25 4.0 mils. 2.Exemptions The proposed ordinance states that “vendors at farmers’ markets are not subject to indicating on the customer’s transaction receipt the total amount of the paper bag pass-through charge.” While this rule specifies only farmers’ markets, we believe that all retail ‘fair’ events (including the Holiday Market, County Fair, etc.) should be exempt from showing bag transaction costs on receipts. S:\CMO\2012 Council Agendas\M120917\S1209173.doc