HomeMy WebLinkAboutDocumentation_Regular_Tab 16_2/13/2020Agenda Item #16.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 13 2020
Staff Contact: Jeremy Allen, Village Manager Department: Manager
RESOLUTION NO. 03-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, EXPRESSING SUPPORT FOR, AND STRONGLY ENCOURAGING THE
STATE LEGISLATURE TO APPROVE, SENATE BILL 182 (2020) AND HOUSE BILL 6043 (2020)
WHICH WOULD, IF ADOPTED, ELIMINATE THE PREEMPTION OF LOCAL LAWS REGULATING
RECYCLABLE AND POLYSTYRENE MATERIALS AND THE PREEMPTION OF LOCAL LAWS
REGULATING THE USE OR SALE OF SINGLE -USE PLASTIC BAGS AND POLYSTYRENE
MATERIALS; DIRECTING THE VILLAGE MANAGER TO PROVIDE COPIES OF THIS
RESOLUTION TO THE GOVERNOR OF FLORIDA, THE PALM BEACH COUNTY LEGISLATIVE
DELEGATION, AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION;
PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
During the December 2, 2019 Workshop, upon the recommendation of the Environmental Advisory
Committee, Council agreed to support local "Home Rule" and to include the Loxahatchee River in the
language when drafting a Resolution.
Resolution 03-20 Seeking Home Rule for Regs for Plastic and Styrofoam
Page 441 of 557
Agenda Item #16.
RESOLUTION NO. 03-20
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, EXPRESSING SUPPORT FOR, AND
STRONGLY ENCOURAGING THE STATE LEGISLATURE TO
APPROVE, SENATE BILL 182 (2020) AND HOUSE BILL 6043 (2020)
WHICH WOULD, IF ADOPTED, ELIMINATE THE PREEMPTION OF
LOCAL LAWS REGULATING RECYCLABLE AND POLYSTYRENE
MATERIALS AND THE PREEMPTION OF LOCAL LAWS REGULATING
THE USE OR SALE OF SINGLE -USE PLASTIC BAGS AND
POLYSTYRENE MATERIALS; DIRECTING THE VILLAGE MANAGER
TO PROVIDE COPIES OF THIS RESOLUTION TO THE GOVERNOR
OF FLORIDA, THE PALM BEACH COUNTY LEGISLATIVE
DELEGATION, AND THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION; PROVIDING AN EFFECTIVE DATE,
AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta strongly supports
proactive efforts to restore and maximize Home Rule authority to municipalities in
Florida in order to provide its citizens the best opportunity to control programs and
policies that directly affect the quality of their lives at home, at work and where they
engage in recreational activities; and
WHEREAS, the Village Council of the Village of Tequesta is diligent in its efforts
to preserve the beautiful environment that supports the tourism industry which is so vital
to the economy of the Village of Tequesta and the State of Florida; and
WHEREAS, plastic bags and polystyrene are detrimental because they do not
fully degrade in our oceans or land environment and they introduce unsafe chemicals
into our environment; and
WHEREAS, plastic bags and polystyrene create the potential for death of land
and marine animals through entanglement and ingestion; and
WHEREAS, the expansive usage of single -use shopping bags and polystyrene
containers and their typical disposal rates creates an impediment to the Village's waste
reduction and recycling goals while creating unsightly litter; and
Resolution No. -2019 1
Page 442 of 557
Agenda Item #16.
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 and composting programs; and
WHEREAS, reusable bags and biodegradable containers are considered to be
the best option to reduce waste and litter, protect wildlife and conserve resources; and
WHEREAS, in 2008, the Florida Legislature enacted the "Energy, Climate
Change, and Economic Security Act of 2008", and thereby created Section 403.7033,
Florida Statutes, which required the Florida Department of Environmental Protection
(DEP) 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 which
prohibited the adoption of any statewide or local regulations regarding such retail bags
until such time as the DEP recommendations are adopted by the Florida Legislature;
and
WHEREAS, the DEP analysis determined a need for new or different regulations
of bags used by customers to carry products from retail establishments and
recommends the implementation of new standards requiring the prohibition of plastic
carryout bags encourages the use of reusable bags to the benefit of the State's
environment, but those recommendations have not been adopted by the Florida
Legislature, effectively preempting local regulation regarding such retail bags; and
WHEREAS, the "Energy, Climate Change, and Economic Security Act of 2008",
also created Section 500.90 Florida Statutes, which preempts local regulation of the use
or sale of polystyrene products; and
WHEREAS, while the Village Council of the Village of Tequesta acknowledges
that some businesses have taken affirmative steps to accomplish this goal and
recognizes their proactive efforts, the fight for local Home Rule requires additional
support from local governments; and
WHEREAS, it is in the public interest for the Village Council of the Village of
Tequesta to continue its open and expressive support of local Home Rule for Tequesta
and all Florida municipalities, and in furtherance of that public interest, encourage and
enable the location of a viable reusable bag manufacturing operation in the State of
Florida, and encourage and support the statewide deregulation of the proliferation of
single -use shopping bags and polystyrene containers, and
Resolution No. -2019 2
Page 443 of 557
Agenda Item #16.
WHEREAS, the Village Council of the Village of Tequesta supports Senate Bill
182 (2020) and House Bill 6043 (2020) in an effort to repeal Sections 403.7033 and
500.90, Florida Statutes, so that local government can enact appropriate legislation
relating to the regulation of plastic bags and polystyrene containers and thereby
strengthen local Home Rule.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. The above recitals and findings are true and correct and are hereby
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Village Council of the Village of Tequesta supports Senate Bill
182 (2020) and House Bill 6043 (2020) in an effort 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 plastic bags and polystyrene
containers.
Section 3. The Village Council affirms and ratifies that repeal of Sections
403.7033 and 500.90, Florida Statutes, is in keeping with the Village of Tequesta Village
Council's adopted legislative initiatives for 2019/2020, which includes support for Home
Rule authority wherever possible.
Section 4. The Village Manager is directed to do all things necessary to
provide copies of this resolution to the Governor of Florida, the Palm Beach County
Legislative Delegation, and the Florida Department of Environmental Protection.
Section 5. This Resolution shall become effective immediately upon adoption.
Resolution No. -2019 3
Page 444 of 557