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CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: RECEIVE AND FILE INFORMATIONAL REPORT COMPARING
THE STATE OF CALIFORNIA'S AND CITY OF PALM DESERT'S
SINGLE-USE PLASTIC BAG BAN POLICIES.
SUBMITTED BY: Deborah S. Glickman, Management Analyst
DATE: January 12, 2017
CONTENTS: None
Recommendation
By Minute Motion receive and file the report comparing the State of
California's and City of Palm Desert's single use plastic bag ban policies.
Strategic Plan
Both the State of California's and the City of Palm Desert's single use plastic bag ban
policies support the Energy and Sustainability Priorities section of the Strategic Plan.
Specifically, the bans contribute to:
Priority 2: Promote greater usage of more sustainable materials.
Background
On May 8, 2014, the Palm Desert City Council adopted Ordinance 1271A, which
banned the distribution of single-use carryout plastic bags. Subsequently, on July 11 ,
2014, the City Council adopted Ordinance 1273, which further defined Ordinance 1271A
and included a section exempting retail entities from charging for paper bags.
On November 8, 2016, Californians approved Proposition 67 creating a statewide ban
on single-use plastic bags.
Both the City of Palm Desert and the State of California have specific and nuanced
definitions of single-use and reusable bags. In its ordinance, Palm Desert defines a
single-use carryout plastic bag as "any bag that is less than 2.25 mils thick and is made
predominately of plastic derived from petroleum or from bio-based sources, such as
corn or other plant sources." It defines a reusable plastic bag as a bag made of cloth or
other machine washable fabric that has a handle, or a durable plastic bag with handles
Staff Report
Plastic Bag Ban Comparisons
January 12, 2017
Page 2 of 3
that is at least 2.25 mils thick and is specifically designed and manufactured for multiple
reuses.
Under Proposition 67, the State prohibits the use of single-use carryout bags, which it
defines as, "a bag made of plastic, paper, or other materials that is provided by a store
to a customer at the point of sale and that is not a recycled paper bag or a reusable
grocery bag." Proposition 67 mandates that all bags are not to be made of a plastic
film, are reusable, have a handle, are designed for at least 125 uses, have a volume
capacity of at least 15 liters, are machine washable, recyclable, are made of a minimum
of 20% postconsumer recycled materials, and numerous other more detailed
stipulations.
Below is an analysis of the similarities and differences between California and Palm
Desert's bans.
Similarities:
• Both entities currently, or within a year's time, prohibit single-use plastic bags for
grocery stores of any size, pharmacies, and convenience and liquor stores.
• Both entities currently, or within a year's time, allow single-use plastic bags for
restaurant carryout food and grocery items including meat, bread, produce,
perishable items, and bulk food.
• Both entities mandate that the funds collected through the sale of bags be
retained by the seller.
• Both entities do not charge if consumers bring their own bags or do not use a
bag.
• Both entities have exemptions from the fee for paper bags for consumers who
are using a payment card or voucher from a CA Special Supplemental Food
Program.
Differences:
• Palm Desert mandates a charge of 10 cents per paper bag at grocery stores,
pharmacies, and convenience and liquor stores.
• California mandates a charge of a minimum of 10 cents per paper or reusable
bag in the same categories as Palm Desert, but does not indicate a maximum
charge.
• Palm Desert does not require that non-profit establishments charge for single-
use plastic bags.
• Palm Desert exempts retail stores from charging 10 cents for non-single use
bags (i.e. paper, fabric, or plastic bags more than 2.25 mils).
• California allows for non-handled bags that are designed to be placed over
articles of clothing on a hanger (i.e. dry cleaning bags). Palm Desert's ordinances
do not directly address this issue.
Staff Report
Plastic Bag Ban Comparisons
January 12, 2017
Page 3 of 3
Overall, the intent of both laws is the same, with some discrepancies between the two in
their execution. Two of the major differences between the laws are that California's
definition of reusable bags is more detailed and restrictive than Palm Desert's and that
Palm Desert does not require that retail establishments charge for reusable bags.
After reviewing both laws, staff has determined that Palm Desert's single-use carryout
plastic bag ban is more business friendly than the State of California's.
Fiscal Analysis
The City of Palm Desert's single use plastic bag ban is already in effect with no
additional fiscal impact, and the State of California's single-use plastic bag ban will also
have no fiscal impact.
Submitted By: Department Head:
Deborah S. Glickman Ryan tendell
Management Analyst Director of Community Development
Approval:
Lauri Aylaian, City Manager