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LTC 395-2019 CITY OF HALLANDALE RESOLUTION NO. 2019-047 MIAMI BEACH OFFICE OF THE CITY CLERK No. 395-2019 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the Ci y Commission FROM: Rafael E. Granado, City Clerk / DATE: July 12, 2019 SUBJECT: CITY OF HALLANDALE RESOLUTION NO. 2019-047 Attached for your information is Resolution No. 2019-047, adopted by the Mayor and City Commission of City of Hallandale on June 20, 2019. A RESOLUTION OF THE CITY OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA URGING STATE ACTION TO ADDRESS THE PROLIFERATION AND ENVIRONMENTAL IMPACT OF SINGLE-USE PLASTIC BAGS; URGING THE LEGISLATIVE ADOPTION OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FEBRUARY 1, 2010, STUDY RECOMMENDING STATE ACTION REGARDING SINGLE-USE PLASTIC BAGS; OPPOSING CONTINUED PREEMPTION OF LOCAL LEGISLATIVE EFFORTS TO ADDRESS THE PROLIFERATION OF SINGLE-USE PLASTIC BAGS IF THE STATE IS REFUSING TO TAKE ACTION; AND SUPPORTING INITIATIVES BY LOCAL MUNICIPALITIES IN FLORIDA TO LESSEN THE NEGATIVE IMPACT OF SINGLE-USE PLASTIC BAGS ON OUR ENVIRONMENT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The City of Hallandale Clerk has requested that a copy of this Resolution be provided to the Miami Beach Mayor, Commissioners and the City Manager. If you have any questions, please contact the Office of the City Clerk at 305.673.7411. REG/Ic Attachment F:\CLER\$ALL\LILIA\LTC's-Transmittal's\Resolution 2019-038 City of Hallandale.docx 1 2 RESOLUTION NO. 2019-047 3 A RESOLUTION OF THE CITY OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF HALLANDALE BEACH, FLORIDA URGING STATE ACTION TO 5 ADDRESS THE PROLIFERATION AND ENVIRONMENTAL IMPACT OF 6 SINGLE-USE PLASTIC BAGS; URGING THE LEGISLATIVE ADOPTION OF 7 THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 8 FEBRUARY 1, 2010, STUDY RECOMMENDING STATE ACTION REGARDING 9 SINGLE-USE PLASTIC BAGS; OPPOSING CONTINUED PREEMPTION OF 10 LOCAL LEGISLATIVE EFFORTS TO ADDRESS THE PROLIFERATION OF 11 SINGLE-USE PLASTIC BAGS IF THE STATE IS REFUSING TO TAKE ACTION; 12 AND SUPPORTING INITIATIVES BY LOCAL MUNICIPALITIES IN FLORIDA TO 13 LESSEN THE NEGATIVE IMPACT OF SINGLE-USE PLASTIC BAGS ON OUR 14 ENVIRONMENT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF 15 THIS RESOLUTION; PROVIDING FOR CONFLICT; PROVIDING FOR 16 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 17 WHEREAS, the City of Hallandale Beach, a coastal community, is diligent in its efforts to 18 preserve the beautiful environment, including our ocean, waterways, Everglades and land in 19 between, which is so vital to our regional economy and the State of Florida; and 20 WHEREAS, it is well understood that plastic bags are detrimental to our environment 21 because they do not fully degrade in our oceans or land environment and introduce unsafe 22 chemicals into our environment; and 23 WHEREAS, plastic bags create the potential for death of marine animals through 24 entanglement and ingestion, as well as the potential for poisoning through the ingestion of micro- 25 plastics, which are the product of the partial degradation of the plastic bags; and 26 WHEREAS, the expansive usage of single-use shopping bags and their low disposal and 27 recycling rates creates an impediment to the City's waste reduction and recycling goals while 28 creating unsightly litter and pollution; and 29 WHEREAS, single-use plastic bags are difficult to recycle and frequently contaminate 30 material that is processed through the City's curbside recycling and composting programs; and 31 WHEREAS, reusable bags are considered to be the best option to reduce waste and litter, 32 protect wildlife and conserve resources; and FILE NO. 19-243 1 RESO NO. 2019-047 33 WHEREAS, the City applauds those businesses and residents who have taken affirmative 34 and proactive steps towards the goal of reducing single-use plastic bags in the distribution chain 35 and environment; and 36 WHEREAS, the Florida Legislature passed a law in 2008 which stated "[t]he Legislature 37 finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida's 38 ecology and economy." (Fla. Stat. Section 403.7033); and 39 WHEREAS, the Florida Legislature, through the enactment of Florida Statutes Section 40 403.7033, directed "the Department of Environmental Protection shall undertake an analysis of 41 the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic 42 bags used by consumers to carry products from retail establishments. The analysis shall include 43 input from state and local government agencies, stakeholders, private businesses, and citizens, 44 and shall evaluate the efficacy and necessity of both statewide and local regulation of these 45 materials. To ensure consistent and effective implementation, the department shall submit a 46 report with conclusions and recommendations to the Legislature no later than February 1, 2010."; 47 and 48 WHEREAS, the Florida Department of Environmental Protection ("FDEP") issued and 49 transmitted a report on February 1, 2010, titled Retail Bags Report to Legislature, which outlined 50 "how improperly discarded plastic bags can affect wildlife, marine life, landfill operation and flood 51 control systems and explores the various approaches that other states and countries have taken 52 to address this issue. Included in the report is a wide-ranging set of options for decreasing the 53 number of bags being used as well as increasing the number of bags being recycled" 54 (https://floridadep.gov/waste/waste-reduction/content/retail-bags-report); and 55 WHEREAS,the FDEP's 2010 report concluded"there are ways to reduce our dependency 56 on these bags and to properly reuse or dispose of them" and recommended "that the Legislature 57 review the available options and take action to discourage the use of single-use paper and plastic 58 retail bags and encourage the use of reusable retail bags." (https://floridadep.gov/waste/waste- 59 reduction/content/retail-bags-report); and 60 WHEREAS, Florida Statute Section 403.7033, however, commands that"[u]ntil such time 61 that the Legislature adopts the recommendations of the department, no local government, local 62 governmental agency, or state government agency may enact any rule, regulation, or ordinance FILE NO. 19-243 2 RESO NO. 2019-047 63 regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, 64 wrappings, or disposable plastic bags."; and 65 WHEREAS, since the 2010 FDEP report the Florida Legislature has taken no action as 66 recommended by FDEP and has not adopted the FDEP study; and 67 WHEREAS, in 2019, a proposed bill to repeal the preemption on any local efforts to pass 68 any regulation or ordinance on single-use plastic bags failed to pass a single committee of the 69 Florida Legislature (https:l/www.flsenate.gov/SessionIBil1/2019/00088); and 70 WHEREAS, a Circuit Court in and for the 11th Judicial Circuit has found that the 71 preemption in Florida Statutes Section 403.7033 is unconstitutional and upheld the City of Coral 72 Gables' regulation of single-use plastic bags (https://resource-recycling.com/plastics/wp- 73 content/uploads/sites/4/2017/05/Feb.27-Cora(Gables-decision.pdf); and 74 WHEREAS, according to publicly available sources, three states have passed regulations 75 intended to reduce single-use plastic and paper bags (Hawaii, California and New York); and 76 WHEREAS, it is reported that at least 345 municipalities in 25 states have adopted bans 77 and/or fees on single-use plastic and paper bags 78 (http://publicfiles.surfrider.org/Plastics/Plastic Bag Law Activist Toolkit 2019.pdf); and 79 WHEREAS, it was reported that 32 countries have in place some sort of regulation 80 intended to reduce the proliferation of single-use plastic bags, through outright ban or otherwise 81 (https:/lwww.reusethisbaq.comlarticles/where-are-plastic-bags-banned-around-the-world); and 82 WHEREAS, Florida Governor Ron DeSantis recently stated, in his veto of legislation 83 which would prohibit local jurisdictions from banning single-use plastic straws: 84 a. "These measures have not, as far as I can tell, frustrated any state policy or 85 harmed the state's interests. In fact, the Florida Department of Environmental 86 Protection has encouraged Florida residents, schools and businesses to reduce 87 plastic straw use."; and 88 b. In a brief but very powerful reminder of the fundamental philosophical 89 foundations of local democracy, the Governor concluded: "Under these 90 circumstances, the State should simply allow local communities to address this 91 issue through the political process. Citizens who oppose plastic straw ordinances FILE NO. 19-243 3 RESO NO. 2019-047 92 can seek recourse by electing people who share their views." 93 (https://www.flgov.com/wp-content/uploads/2019/05/05.103.pdf); and 94 WHEREAS, if the State does not act to regulate the proliferation of single-use shopping 95 bags and take comprehensive and meaningful actions to reduce the negative impact on our 96 environment, municipalities and counties should be permitted to work together to enact 97 regulations governing the proliferation of single-use plastic checkout bags; and 98 WHEREAS, the City believes all residents and businesses can work cooperatively and 99 play a meaningful role to reduce the proliferation of single-use plastic bags by reducing the 100 reliance on single-use plastic bags through the use of reusable shopping bags and can reduce 101 the negative impact of single-use plastic bags on our environment by properly disposing the bags. 102 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 103 OF THE CITY OF HALLANDALE BEACH, FLORIDA: 104 105 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 106 being true and correct and are incorporated herein by this reference. 107 • Section 2. The City Commission of the City of Hallandale Beach, Florida is committed 108 to the long-term goal of reducing the harms of plastic pollution on our fragile environment and 109 committed to ensuring a thriving, attractive and safe environment for current and future residents 110 and tourists. 111 Section 3. The City Commission urges the Florida Legislature and Governor to take 112 comprehensive and meaningful action to reduce and mitigate the proliferation of single-use plastic 113 bags and the negative impact on our environment. 114 Section 4. The City Commission urges the Florida Legislature to adopt the findings of the 115 February 1, 2010 Florida Department of Environmental Protection titled Retail Bags Report to 116 Legislature. 117 Section 5. If the Florida Legislature will not take action on the proliferation of single-use 118 plastic bags, the City Commission opposes continued preemption of local efforts to address both 119 use and disposal of single-use plastic bags. 120 Section 6. The City Commission supports initiatives by local municipalities to lessen the 121 negative impact of single-use plastic bags on our environment, including promotion of reusable 122 shopping bags as the best alternative to single-use plastic bags. 123 Section 7. The City Commission further directs the City Clerk to transmit a copy of this 124 Resolution to all appropriate parties. FILE NO. 19-243 4 RESO NO. 2019-047 125 Section 8. All Resolutions or parts of Resolutions in conflict herewith, be and the same 126 are repealed to the extent of such conflict. 127 Section 9. If any section, sentence, clause or phrase of this Resolution is held to be 128 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way 129 affect the validity of the remaining portions of this Resolution. 130 Section 10. Effective Date. This Resolution shall be effective immediately upon its 131 passage. 132 PASSED AND ADOPTED this ° DAY of , 2019. 133 . ,.4 134 JOY D.'A;t f S 135 MAYOR ,/ 136 137 SPONSORED BY: COMMISSIONER MICHELLE LAZAROW 138 139 A t : 140 141 ' 142 •1 143 JENO' N GUILLEN,CMC 144 CITY CLERK 145 146 APP4 ED AS TO LEGAL SUFFICIENCY AND 147 FOR 148 149 150 e d 151 JE I"ER MERINO 152 C Y A TORNEY 153 FINAL VOTE ON ADOPTION Mayor Adams Yes Vice Mayor Javellana Yes Commissioner Butler Yes Commissioner Lazarow Yes Commissioner Lima-Taub Yes 154 FILE NO. 19-243 5 RESO NO. 2019-047