Legislation Details

File #: 2015-185    Version: 1 Name:
Type: Staff Report Status: Action Items
File created: 5/14/2015 In control: City Council
On agenda: 5/27/2015 Final action:
Title: Proposed Ordinance Regulating Single Use Carryout Plastic Bags
Attachments: 1. Plastic Bag Ordinance (05.04.15)
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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City Council

MEETING DATE: 5/27/2015
TITLE:
Title
Proposed Ordinance Regulating Single Use Carryout Plastic Bags
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FROM:
Pat Milos, Community Development Director
Nicholas Hermsen, Deputy City Attorney

RECOMMENDATION:
Recommendation
Staff recommends that the City Council review this report and the attached ordinances from the cities of Palm Springs, Desert Hot Springs, Palm Desert, and Indio regulating the use of plastic bags and give further direction as it deems appropriate.
Body


BACKGROUND:
As the City Council may recall, the California Legislature previously enacted a ban on the use of reusable plastic bags and imposed a requirement that customers be charged a minimum of 10 cents for paper bags in stores. However, a subsequent initiative petition relating to that matter has been placed on the November, 2016, statewide ballot and the statute has been placed on hold pending the election.

In 2014, the cities of Palm Springs, Desert Hot Springs, Palm Desert and Indio each passed similar bans at the local level. Copies of each of those ordinances are attached.

The ordinances are fairly similar and differences are subtle. Each of the ordinances includes the following provisions:

* A finding that single use plastic bags are a public nuisance, harming quality of life and tourism.

* Single use plastic bags are prohibited.

* Recycled paper bags may be provided to customers at a charge of at least 10 cents, and the charge must be listed separately on the sales receipt. Stores must keep records of the total number of paper bags provided, the total amount of monies collected for providing recycled paper bags, and a summary of any efforts the store has made to promote the use of recyclable bags by customers in the prior calendar year. (Records not required in Palm Desert).

* Stores may provide recycled paper bags or reusable bags to persons participating in certain programs under welfare or WIC programs at no c...

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