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WHEREAS, it is in the public interest for the Florida Legislature to provide <br /> statewide deregulation of the proliferation of single-use shopping bags and polystyrene <br /> containers; and <br /> WHEREAS, the Florida Legislature under "The Energy, Climate Change, and <br /> Economic Security Act of 2008", enacted House Bill 7135, creating Sections 403.7033 <br /> and 500.90, Florida Statutes; and <br /> WHEREAS, Section 403.7033 requires the Florida Department of Environmental <br /> Protection (DEP) to perform an analysis and submit a report to the Legislature by <br /> February 1, 2010, regarding the necessity and efficacy of both statewide and local <br /> regulation of bags used by consumers to carry products from retail establishments; and <br /> WHEREAS, the statute also provides that until such time that the Legislature <br /> adopts the recommendations of DEP, no local or state government may enact any <br /> regulation or tax on the use of such retail bags; and <br /> WHEREAS, the DEP analysis determined a need for new or different regulations <br /> of bags used by customers to carry products from retail establishments and recommends <br /> the implementation of new standards requiring the prohibition of plastic carryout bags <br /> encourages the use of reusable bags to the benefit of the State's environment; and <br /> WHEREAS, Section 500.90 preempts local regulation of the use or sale of <br /> polystyrene products; and <br /> WHEREAS, the Town Council supports the efforts to repeal Sections 403.7033 <br /> and 500.90, Florida Statutes, so that local government can enact appropriate legislation <br /> relating to the regulation of plastic bags and polystyrene containers. <br /> NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND TOWN <br /> COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA: <br /> Section 1. The Mayor and Town Council support efforts to repeal Sections <br /> 403.7033 and 500.90, Florida Statutes, so that local governments are no longer <br /> preempted from enacting appropriate legislation relating to the regulation of plastic bags <br /> and polystyrene containers. <br /> Section 2. The Mayor and Town Council encourages approval of Senate Bill <br /> 182 and all companion House Bills eliminating preemption language in Sections 403.7033 <br /> and 500.90, Florida State Statutes. <br /> Res.No. 122-2019 Page 2 of 3 <br />