Res 2019-120 Supporting Legislation to Repeal State Preemption on Local Regulation of Single-Use Plastic Bags & Polystyrene MaterialsRESOLUTION 2019-120
C A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ENCOURAGING THE STATE
LEGISLATURE TO APPROVE SENATE BILL 182, AND ANY COMPANION
HOUSE BILLS RELATING TO THE PREEMPTION OF RECYCLABLE AND
POLYSTYRENE MATERIAL BY AMENDING SECTION 403.7033 AND
SECTION 500.90, FLORIDA STATUTES, TO REPEAL THE PREEMPTION
OF LOCAL LAWS REGARDING THE USE OR SALE OF SINGLE -USE
PLASTIC BAGS AND POLYSTYRENE MATERIALS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council is committed to efforts to preserve the natural environment; and
WHEREAS, plastic bags and polystyrene are detrimental to the environment because they do not
fully degrade in our oceans or land environment and introduce unsafe chemicals into the
environment; and
WHEREAS, plastic bags and polystyrene can cause the death of land and marine animals
through entanglement and/or ingestion; and
WHEREAS, the expansive use of single -use plastic bags and polystyrene containers hinders the
Village's waste reduction and recycling efforts while creating unsightly litter; and
WHEREAS, single -use plastic bags and polystyrene containers are difficult to recycle and
frequently contaminate material that is processed through the Village's curbside recycling
program; and
WHEREAS, reusable bags and biodegradable containers are considered to be the best option to
reduce waste and litter, protect wildlife and conserve natural resources; and
WHEREAS, the Village Council believes it to be in the best interests of the public to encourage
and enable viable reusable bag manufacturing operations in the State of Florida and to advocate
for statewide deregulation of the proliferation of single -use shopping bags and polystyrene
containers; and
WHEREAS, in 2008, the Florida Legislature enacted House Bill 7135, creating Sections
403.7033 and 500.90, Florida Statutes; and
WHEREAS, Section 403.7033, Florida Statutes, required the Florida Department of
Environmental Protection ("FDEP") to perform an analysis and submit a report to the Legislature
by February 1, 2010, regarding the necessity and efficacy of both statewide and local regulation
of bags used by consumers to carry products from retail establishments; and
WHEREAS, the statute also provided that until such time as the Legislature adopts the
recommendations of FDEP, no local or state government may enact any regulation or tax on the
use of such retail bags; and
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WHEREAS, the FDEP's report determined a need for new or different regulations of bags used
by consumers to carry products from retail establishments and recommended the implementation
of new standards requiring the prohibition of plastic carryout bags and encouraged the use of
reusable bags to the benefit of the State's environment; and
WHEREAS, Section 500.90, Florida Statutes, preempts the local regulation of the use or sale of
polystyrene products; and
WHEREAS, the Village Council supports the efforts to repeal Sections 403.7033 and 500.90,
Florida Statutes, so that local governments can exercise their home rule authority and enact
appropriate legislation relating to the regulation of plastic bags and polystyrene containers.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach supports efforts to repeal
Sections 403.7033 and 500.90, Florida Statutes, so that local governments are no longer
preempted from enacting appropriate legislation relating to the regulation of single -use plastic
bags and polystyrene containers.
Section 3. The Village Council encourages the approval of Senate Bill 182 and all
companion House Bills eliminating the preemption language in Sections 403.7033 and 500.90,
Florida Statutes.
Section 4. The Village Council directs that a copy of this Resolution shall be provided to the
Governor, the Speaker of the House, the President of the Senate, the Palm Beach County
Legislative Delegation, the Florida League of Cities, and the Palm Beach County League of
Cities.
Section 5. This Resolution shall become effective immediately upon adoption
PASSED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2019.
(Village Seal)
ATTEST:
0
VILLAG LERK
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MAYOR