2021-08-25 EMC Agenda item 5-b(1) - Final-PSRWG-Report-to-Leg

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c. The new state plastics source reduction standard should not be weaker than standards among the four counties. Discussion This will require a careful and coordinated balancing act and need the full participationand decision-making of all four counties and the implementing state agency. On the one hand, a new standard must build off the existing laws and practices of all four counties and must not be weaker than the strongest of the four county ordinances. Collaterally, it then needs to create incentives that help the weaker counties become more capable and forthe State and counties to grow together. d. Maintain a public list of each Countys regulations and their differences. Discussion To enable a steady evolution towards a state standard and county harmonization, andas a starting point, this Working Group recommends that the legislature assign a state agency to maintain, regularly update, and publicize an accurate record of the evolving differences between the ordinances. The document serves two purposes. First, it provides direct guidance to businesses. Second, it becomes a sentinel reference for the State and the counties to work toward progressively better synchronization. The Working Group has compiled and attached some initial tables (see Appendix D and Appendix E), which compare the evolving requirements of the four counties. This provides a good start and can be updatedas implementation work emerges. Counties shall work with the assigned state agencyto periodically update and publish the tables. 2. Update the Department of Health (DOH) Health Code as needed to increase the use of reusables in food service. Discussion Propose a specific plan and/or changes to the law that allows consumers to bring and use theirown containers, business-provided reusable containers, and/or third-party reusable containers when picking up takeout orders from restaurants and when making bulk purchases. There shouldbe a public-facing messaging component to inform the public about any relevant changes tothe DOH Health Code. This will help to prevent the misconception that changes to the health code are decisions made by proprietors. Any future statute must create legal liability protectionsfor businesses serving consumers who bring their own containers in cases of food-borne illnessesor other communicable diseases. The Working Group recognizes that the COVID-19 pandemic has changed restaurant and supermarket practices under federal and state guidance, and that these new long-term practices are not likely to be fully developed by the time this Working Group submits it recommendations. Therefore, any proposed statutory changes should also follow appropriate public health guidelines. 3. Create a single, inclusive, across-the-board 15-30 cent user fee on all single-use service ware items and a separate 15-30 cent user fee on all carryout bags (but not cups, lids, and containers). Discussion Create a 15-30 cent fee to apply to single-use service ware items, including straws, utensils,and stirrers. This fee would be inclusive of service ware, so if a customer requests a fork, orboth a 7