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Page 5 Ms. Kaufman October 21,2011 If the Waste Management Authority adopts a Countywide Ordinance,then it has some responsibility in ensuring the enforcement of the ordinance. The draft ordinance has been revised to maximize local control by allowing each jurisdiction to approve or disapprove each and every enforcement action through their designated Primary Enforcement Representative. Primary enforcement representative is defined as the chief executive of a covered jurisdiction or a qualified designee who will coordinate with the Authority regarding implementation of the Ordinance. Complete enforcement by each member agency is best done under a member agency ordinance, per the advice of our legal counsel. 8. The passage of AB 341 creates a statewide regulation that meets the intent of the proposed ordinance AB 341 will require considerable effort for compliance and the implementation of a similar countywide ordinance creates uncertainty and an unnecessary duplication of effort. We recommend the Authority focus its limited resources on supporting Alameda County jurisdictions in the implementation of this State law in lieu of adopting and implementing its proposed ordinance. Cal Recycle who has developed much of the language contained in AB 341,via a Draft Mandatory Recycling Regulation (which was replaced by AB 341), and who is charged with implementing AB 341, has stated that a Countywide Mandatory Recycling Ordinance is consistent with the intent of AB 341.AB 341 also says that a Mandatory Recycling Ordinance can be used to help implement this law locally. The draft Countywide Ordinance does go beyond the state law in that it requires businesses to obtain the adequate level of recycling service as opposed to the minimal level possible. Ultimately, this should yield a more efficient and less costly solid waste system for all haulers and rate payers,given the fact that maximizing recycling has a lower net cost overall,than maximizing refuse collection. Each city will need to consider for themselves what or whether transitional costs are needed in the short term to achieve an overall more efficient system in the long run. Comments regarding ordinance to regulate the use of carryout bags and promote the use of reusable bags. 9. Carryout bag restrictions and distribution of reusable bags We are requesting that Section 4(b) and 4(c) be amended by replacing the word may with the word shall to ensure that businesses are equally subject to ordinance compliance as it relates to the sale of recycled paper or reusable bags. This is a simple misunderstanding of the section. All businesses are equally subject to the ordinance as it relates to the sale of recycled paper or reusable bags. Our ordinance uses the