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Corte Madera council introduces ordinance to align local bag rules with new state law
Summary
Council introduced an ordinance to repeal and reenact local single-use bag and reusable foodware rules so Corte Madera’s code matches new state standards taking effect Jan. 1, 2026; council emphasized retaining limited local enforcement authority and scheduled a Jan. 20 public hearing.
The Corte Madera Town Council on Dec. 16 voted to introduce an ordinance that would align the town’s single-use bag and reusable foodware rules with recently passed California laws taking effect Jan. 1, 2026.
Planner Phoebe Golden told the council that the proposal would repeal and reenact municipal chapter 6.18 and amend the town’s reusable foodware chapter so definitions and requirements mirror the state statutes. The changes implement recent state bills that extend requirements to pre‑checkout bags and close a loophole that allowed thick “reusable” plastic bags that were rarely reused, Golden said.
Golden told the council staff’s preferred approach is to adopt the state codes by reference and retain a limited local administrative citation authority as a backstop for egregious violations. Golden said most Corte Madera stores already appear to be preparing for the change and that the town does not plan to undertake broad proactive enforcement or education beyond addressing serious violators.
Councilmembers asked whether adopting a local ordinance offers any benefit if the state law will apply statewide. Golden and Town Attorney Amy Ackerman said the primary advantage is local enforcement authority: without a local adopting ordinance, towns would lack a simple administrative enforcement tool and could only pursue civil penalties through state processes. Ackerman added that it remained unclear how aggressively CalRecycle or the attorney general would seek enforcement at the state level.
Councilmember Beckman asked about the role of compostable bags if the U.S. Department of Agriculture (USDA) or National Organic Program changes its guidance; Golden said the town would follow the USDA’s final determination on what constitutes allowed compostable inputs. Councilmember Beckman and others pressed whether vendors at local public events should remain in the town ordinance; staff recommended using the town’s special-event permit to reach vendors if the council wished to regulate them without including them in the general carryout-bag chapter.
Councilmember (speaker 3) moved to introduce the ordinance by title and set a public hearing for Jan. 20, 2026. The motion passed on roll call (Councilmember Andrews voted No; the remaining members voted Yes). The council will hold a public hearing and take a second reading before any final adoption.
