Martinez council introduces carryout and pre-checkout bag ordinance to align with new state rules

On Jan. 21 the Martinez City Council moved to introduce an ordinance updating the city’s carryout-bag rules to align with recent state laws (SB 1046 and SB 1053) that expand restrictions on pre-checkout and checkout bags and raise recycled-content requirements.

Management analyst Carrie Rivers summarized the proposed changes: add “pre-checkout” (produce) bags to the chapter title and definitions, allow compostable or recycled-content pre-checkout bags at state-regulated stores (as the state requires), remove film plastic carryout bags from allowed checkout bags and phase in a 50% post-consumer recycled-content requirement for paper carryout bags effective Jan. 1, 2028. Staff also proposed optional clarifications and an outreach plan that includes in-person business engagement, purchase guides, and a phased implementation date of July 1, 2026, to allow businesses to exhaust current bag supplies.

Members of the sustainability subcommittee supported alignment with state law; the council clarified enforcement would be complaint-based, with code enforcement responding to reported noncompliance. City staff said they received no formal business objections during outreach but will work directly with merchants and local business groups on transition materials.

Council also voted to strike an older code provision that required many small retail establishments to stock reusable bags for sale at point-of-sale—a relic of earlier local rules—at staff’s recommendation. The ordinance was introduced on a 4–0 vote with one council member absent; staff will return with final ordinance language for adoption and a post-adoption outreach plan.