Item 4: Ordinance Encouraging Use of Reusable Bags

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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 what are typically considered “reusable,” for they can easily tear as compared with their 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. Staff recommends revising section 6.865 to read: (d) Vendors at retail fairs such as a farmers' markets or holiday fair are not subject to indicating on the customer's transaction receipt the total amount of the recyclable paper bag pass through charge required in section 6.860(b) of this code. 3.Addition of Business Hardship Exemption The proposed ordinance has a placeholder for business hardship exemptions. Staff researched a number of ordinances for background on this item. The City of Corvallis and City of Portland ordinances do not include language for business hardship exemptions. The City of Austin, the City of Bellingham, the City of San Francisco, and Santa Cruz County all have language for business hardship exemptions. We reviewed the existing language in these various codes and drafted language below. Staff recommends the following for business hardship exemption: “The City Manager or the designee may exempt a retail establishment from the requirement set forth in sections 6.855-6.860 of this code for a period of not more than one year upon the retail establishment showing, in writing, that this code would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The decision to grant or deny an exemption shall be in writing, and the City Manager’s or designee’s decision shall be final.” If the council approves of this revision, staff recommends the following definition of undue hardship to be included in the definition section. Undue hardship. Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to single-use plastic carryout bags or a recyclable paper bag pass-through cannot be collected. S:\CMO\2012 Council Agendas\M121022\S1210224.doc