‘The implications of this proposal are beyond staggering for
business.’
Dear Editor,
Per direction of the Gilroy Chamber of Commerce Board of Directors, this letter has been forwarded to the County of Santa Clara Recycling and Waste Reduction Commission voicing opposition.
Santa Clara County staff has proposed an ordinance wherein businesses would be mandated to charge customers a 25 cent tax on every single-use carryout bag. The implications of this proposal are beyond staggering for businesses.
A hearing – AND VOTE – on the proposal will take place before the County’s Recycling and Waste Reduction Commission on Wednesday, December 10 at 4:15 p.m. in the Berger Drive Auditorium located at 1555 Berger Drive, Building 2 in San Jose. The Gilroy Chamber of Commerce encourages you to attend the hearing and voice your concerns.
What is a “single-use carryout bag?” According to the ordinance, it is a bag (paper or plastic) that is provided by a store to a customer at the point of sale and that is not a reusable bag (as defined by the ordinance).
The proposal then states “a store shall not provide a single-use carryout bag, including a green carryout bag, to a customer at the point of sale, unless the store charges and collects from the customer the Bag Pollution Cleanup Fee of 25 cents per bag.” For now, restaurants are excluded.
The ordinance fortunately excludes restaurants, but staff has already stated that they will target food service establishments in a second round of regulation. This tax will also expand the county bureaucracy for enforcement purposes and will provide for the hiring of at least one new full-time bureaucrat.
Also, it is important to note that this model ordinance will open every city up to liability on several legal fronts. Therefore, some cities will likely not adopt this for fear of being sued, leaving those businesses in cities which do adopt it at a competitive disadvantage to competitors in neighboring cities which aren’t forced to charge this new tax.
Susan Valenta, president/C.E.O., Gilroy Chamber of Commerce
