Plastic Bag Ban Moves Forward

Updated: July 28 at 9:31 a.m.

Milpitas shoppers who don't bring reusable cloth bags to the store might need a little incentive–by paying a dime per disposable bag. 

By requiring retailers to charge ten cents for a recycled paper bag, and nix the plastic ones, the city's Recycling and Source Reduction Advisory Commissioners say they hope to change consumer behavior.

"We're breaking people of some bad habits that were instituted years ago," said Ed Blake, commission chair. 

Last night's recommendation resulting from the commission meeting will go before the city council for a green light to begin drafting an ordinance. September would be the earliest date it could go before the city council, according to staff liaison Kathleen Phalen.

After getting the go-ahead from councilmembers, the draft ordinance would then need to be read at two future council meetings before it could take affect. There is no actual implementation date proposed so far.

The draft ordinance would be based on the one passed in San Jose, which has a completed an Environmental Impact Report, and is scheduled to go into effect January 1.

Like San Jose, Milpitas would exclude:

• clear plastic bags for handling meat and produce;

• paper "envelopes" used for pharmacy prescription drugs;

• restaurants;

• resale shops such as Goodwill and Savers; and

• customers who pay with WIC and CalFresh “food stamps”.

The main difference between ordinances in San Jose and Milpitas would likely be the fees. San Jose is scheduled to raise the bag fee to 25 cents starting in 2014. Milpitas commissioners will recommend to city council that it stay at a dime.

"It's something that we can come back to two years from now," said Blake.

Rather than creating a new set of fines for retailers, the city of Milpitas will use fines defined by the city code (MUNCIPAL CODE I-1-4.09) currently in place for violations, said Phalen.

Within a one year period, a first-time violation costs up to $100. A second violation is maximum $200. And a third at most $500. 

While the city wouldn't necessarily actively enforce the ordinance through inspections, "this may be one of those cases where businesses fall into line," said Rob Means, a board member of the Sunnyhills Neighborhood Association who attended the commission meeting Tuesday night.

The city of Milpitas paid for a study on Single Use Carryout Bags which surveyed nearly 300 residents. The findings showed more than 80 percent said they "were likely" to use the reusable bags if single-use bags were banned; 15 percent said they "might" use them; and 4 percent said they would not use them.

, , Oakland, San Francisco, Los Angeles are among other parts of the state that have passed a ban on plastic bags. 

The city of Manhattan Beach, in Los Angeles County, brought on by bag manufacturers over their plastic bag ban. 

Milpitas Patch is working on another article with opinions from consumers and retailers. Send us your two cents by emailing editor Adelaide Chen.