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December 2015--WMA Board directed staff to develop budget and draft ordinance language to expand to all retail stores (9,000 additional stores) and restaurants (4,000 public eating establishments), with a phase-in approach for restaurants. March 2016--WMA approved the proposed reusable bag ordinance expansion language. DISCUSSION Given the effectiveness of the current ordinance, the Waste Management Authority (WMA) Board has directed staff to plan for an expansion of the reusable bag ordinance to include all retail stores and restaurants. The WMA is expected to vote on an amended ordinance at the first reading in September, 2016. If approved, an additional 13,000 stores and restaurants would be affected by the ordinance. Key Proposed Changes The following is a summary of the key proposals in the ordinance: Revised definitions: Store: Any commercial establishment operating from a permanent enclosed structure that sells perishable or nonperishable goods including, but not limited to, clothing, food and personal items directly to a customer. (Intent: to capture all types of retail stores. Any place where you can walk into a "brick and mortar" store and purchase a tangible item is covered by the ordinance). Public Eating Establishment: Any restaurant, take-out food establishment or other business (including but not limited to food sales from vehicles or temporary facilities open to the public)that receive 90% or more of its revenue from the sale of prepared and ready- to-consume foods and/or drinks to the public. (Intent: to cover food trucks and vendors who distribute food in bags). Exemptions: Produce/Product Bags: bags that are integral to the packaging of the product, or bags without handles provided to the Customer(i) to transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale, (ii) to hold prescription medication dispensed from a pharmacy, or (iii) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Content Paper Bag. Stores operating in a certified farmers' market registered in accordance with Section 47020 of the California Food and Agricultural Code. (Only 20 CA certified markets operate in the county, and many use the produce bags without handles, which are already exempt). Public Eating Establishments are not required to charge customers if distributing recycled content paper bags, but must charge a minimum of 10 cents for a compliant reusable bag. Page 3 of 4