August 29, 2008

MEMO TO: Bill Kauakea Medeiros, Co-Chair

Michael P. Victorino, Co-Chair

Public Works and Facilities Committee

F R O M: Michael J. Molina

Council Member

SUBJECT: PROHIBITING THE USE OF NON-BIODEGRADABLE PLASTIC BAGS (PWF-68)

I am in receipt of correspondence dated July 16, 2008, from the Department of the Corporation Counsel transmitting a revised proposed bill entitled "A BILL FOR AN ORDINANCE ESTABLISHING A NEW CHAPTER 20.18, MAUI COUNTY CODE, PERTAINING TO PLASTIC BAG REDUCTION".

The revised proposed bill provides some excellent revisions to help clarify and simplify the plastic bag reduction effort. I am pleased that your Committee has acted in an expeditious manner to move this vitally important environmental measure forward.

In an effort to assist with enhancing the revised proposed bill may I make the following recommendations for your Committee's consideration:

1. Section 20.18.020 Definitions, Plastic bags. Revise the definition to read as follows: "Plastic bag means a non-biodegradable plastic bag provided by a business to a customer at the point of sale. These bags are often referred to as "t-shirt" bags."

I believe it's important to include "at the point of sale" so as not to confuse this regulation with prohibiting plastic bags that are used as trash bags, produce or meat and poultry bags.

Furthermore, the current definition notes that the plastic bag "is not specifically designed and manufactured for multiple re-use." It might be argued that the "plastic bag/t-shirt" bag could be designed for "re-use" to line small trash cans in the home, for pet waste or to bring back to the business for re-use.

The above recommendation allows the definition to be more specific to the category of bag that we are targeting and the definition is also utilized in existing plastic bag legislation in other communities.

2. Section 20.18.040 Plastic bag restrictions. Revise subsection A to read as follows: "20.18.040, Plastic Bag restrictions. A. Businesses shall provide only the following, at the point of sale, as checkout bags to customers; recyclable paper bags and or reusable bags."

The proposed revision will simplify and condense this section. This recommendation takes a positive slant to the restriction by noting the "Businesses shall provide" as opposed to "Businesses are prohibited from".

Additionally, if your Committee utilizes this recommendation you may consider deleting the definition of the term "plastic bag".

3. Section 2. Currently makes the effective date January 11, 2011. May I recommend consideration of setting the effective date to be July 1, 2010. Revise Section 2 to read as follows: "This ordinance shall take effect July 1, 2010."

My desire is to initiate implemented sooner than later. Every day that we delay the implementation of this ordinance is a potential threat to our environment. Instead of selecting some obscure date just because it sounds good. We should select a start date that is more in line with the operation of the County. This should be the beginning of our fiscal year which is July 1 of each year. The proposed date will give businesses nearly two years to reduce their plastic bag stock, will allow enough lead time to educate the public and permit the administration to prepare for enforcement.

Thank you for your consideration of these requests and your efforts on behalf of this legislation. Should you have any questions please feel free to contact me.

CM:MHP:plastic_bags14:grs

Attachment

cc: Mayor Charmaine Tavares

Cheryl Okuma, Director of Environmental Management

David Galazin, Deputy Corporation Counsel