Corte Madera has taken steps to further restrict the sale of single-use plastic products.
The Town Council voted 4-1 on Dec. 16 to approve a tighter ordinance on a first reading, with Councilmember James Andrews voting no. The council is expected to consider final approval on Jan. 20.
The move implements the rules of two state laws, Senate Bill 1053 and Senate Bill 1046, aimed at reducing plastic waste from food and beverage stores.
SB 1053, which is in effect, closes loopholes in plastic ban laws by prohibiting thicker plastic bags labeled as reusable and mandating that stores only offer recycled paper bags for a 10-cent fee.
SB 1046, which will go into effect on Jan. 1, phases out pre-checkout plastic bags and requires them to either be made by recycled paper or to be compostable. Bioplastic bags are not allowed in organic compost.
The laws are more restrictive than rules Corte Madera implemented in 2015 that banned single-use plastic bags at the point of sale at food and beverage stores.
The town’s current regulations allow the sale of thicker, plastic reusable bags.
Corte Madera also applies its restrictions to vendors at public events and restaurants providing takeout food, with additional restrictions through its 2023 reusable foodware ordinance. Restaurants in Corte Madera do not have to charge a 10-cent bag fee.
Amending its ordinances allows the town to enforce the policies in its jurisdiction. If the changes are implemented locally, violators could be charged $1,000 on the first day of the violation, $2,000 for the second day and $5,000 per day for subsequent violations. Alternatively, the town could enforce administrative penalties for lesser amounts.
“This is intended sort of as a backstop and a keeping of our current authority,” said Phoebe Goulden, a town environmental official. “Staff are not intending to go out and proactively enforce these laws or conduct education on them. It’s just a measure in case we had any really egregious violators in town that we’d have the means to be able to take action if needed.”
Goulden said it’s unclear whether the state will do any enforcement of its own.
Vendors at public events in Corte Madera would not be subject to the requirements of SB 1053 under the proposed changes. Town staff said it would be difficult to enforce.
“I think as far as public events go, I would be fine leaving that out of our ordinance,” said Councilmember Eli Beckman, suggesting it be integrated into the event permitting process.
Andrews did not explain his no vote at the council meeting and did not respond to a request for comment.