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• Page 6 Ms.Kaufman October 21,2011 same exact language on this issue as the City of San Jose ordinance and our legal Counsel has determined that this is the appropriate language to use. The way to interpret the draft ordinance language at issue is as follows:The ordinance prohibits the distribution of all single use bags except as provided in the following sections.Then, the draft ordinance says that stores may distribute recycled content bags and reusable bags, but if they do so,they must charge $0.10 for each bag. The "may" refers to whether or not the store chooses to provide recycled content bags or reusable bags at all, not to whether they may charge for them. Carry out bag restrictions as outlined in Section 4 (f),Alternative 1 and Alternative 2, are excessively restrictive and are above and beyond the scope of an ordinance that intends to regulate the use of carryout bags and promote the use of reusable bags. Businesses need the flexibility to provide reusable bags at no charge during limited time promotions with limited regulation to the definition of the number of days or types of events. Therefore, we request that Section 4(f) be deleted, and Section 4(e) remain. The language in the ordinance needs to be clear and enforceable. If it is not,the risk of legal challenge is increased. 10. Record Keeping and Inspection 7 (a, b, c) The requirement for stores to maintain records for inspection is excessive. The number of transactions or total revenue collected by a store for the sale of carryout bags is not relevant to reducing the use of carryout bags or increasing the use of reusable bags. The draft ordinance has been revised to respond to this comment. 11. Enforcement and Phasing 8 (a, b, c) As in item 4 above,violations of the ordinance provision cite the consequences of a misdemeanor or an infraction with separate offenses for each day. We recommend that the language be revised to restore local control and enforcement options to each jurisdiction. The draft ordinance has been designed to maximize local control,giving each iurisdiction approval/disapproval power over each enforcement action. If the jurisdiction does not want the WMA to play any role in enforcement,then it may choose to opt-out. Sincerely, Nelson Fialho