Resolution 122-2019 Environmental RESOLUTION NO. 122-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, STRONGLY
ENCOURAGING THE STATE LEGISLATURE TO APPROVE SENATE
BILL 182, AND ANY COMPANION HOUSE BILLS RELATING TO THE
PREEMPTION OF RECYCLABLE AND POLYSTYRENE MATERIALS BY
AMENDING SECTION 403.7033 AND SECTION 500.90, FLORIDA
STATUTES, REPEALING THE PREEMPTION OF LOCAL LAWS
REGARDING THE USE OR SALE OF SINGLE-USE PLASTIC BAGS AND
POLYSTYRENE MATERIALS.
WHEREAS, the Town Council of the Town of Palm Beach is diligent in its efforts
to preserve the beautiful environment that supports the tourism industry which is so vital
to the economy of the Town of Palm Beach 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 Town's waste
reduction and recycling goals 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 Town'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, Council acknowledges that some businesses have taken affirmative
steps to accomplish this goal and recognizes their proactive efforts; and
WHEREAS, it is in the public interest for the Council to encourage and enable the
location of a viable reusable bag manufacturing operation in the State of Florida; and
WHEREAS, it is in the public interest for the Florida Legislature to provide
statewide deregulation of the proliferation of single-use shopping bags and polystyrene
containers; and
WHEREAS, the Florida Legislature under "The Energy, Climate Change, and
Economic Security Act of 2008", enacted House Bill 7135, creating Sections 403.7033
and 500.90, Florida Statutes; and
WHEREAS, Section 403.7033 requires 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
WHEREAS, the statute also provides that until such time that the Legislature
adopts the recommendations of DEP, no local or state government may enact any
regulation or tax on the use of such retail bags; 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; and
WHEREAS, Section 500.90 preempts local regulation of the use or sale of
polystyrene products; and
WHEREAS, the Town Council supports the efforts 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.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND TOWN
COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA:
Section 1. The Mayor and Town Council support 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 plastic bags
and polystyrene containers.
Section 2. The Mayor and Town Council encourages approval of Senate Bill
182 and all companion House Bills eliminating preemption language in Sections 403.7033
and 500.90, Florida State Statutes.
Res.No. 122-2019 Page 2 of 3
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach assembled this 10th day of October 2019.
i vo
flail L. Conk io, Mayor
ATTEST:
j4k2JJJd £cqf3Ow111
Kathleen Dominguez, CMC
Town Clerk
'
e
Res.No. 122-2019 Page 3 of 3