Res No 190-12-13747RESOLUTION No.: 190-12-13747
A Resolution supporting state legislation relating to disposable plastic bags
and recyclable paper bags; and providing for transmittal.
WHEREAS: the City Commission is mindful of Section 403.7033, Florida Statutes,
which preempts local governments from regulating disposable plastic bags, wrappings, and
containers; and
WHEREAS: as required by Section 403.7033, Florida Statutes, the Florida Department
of Environmental Protection prepared and completed an analysis of regulations for disposable
plastic and paper retail bags and recommended that the Florida Legislature take action to
discourage the use of single -use paper and plastic retail bags and encourage the use of reusable
retail bags; and
WHEREAS: consistent with the Florida Department of Environmental Protection's
recommendation, the City Commission supports state legislation of disposable plastic bags and
recyclable paper bags, which is generally consistent with the provisions provided for within this
Resolution; and
WHEREAS: the City Commission finds that this Resolution is in the best interest and
welfare of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI.
Section 1. The above recitals are true and correct and are incorporated herein by
reference.
Section 2. The City Commission hereby supports state legislation relating to disposable
plastic bags and recyclable paper bags that is generally consistent with the following provisions:
• establish uniform statewide regulations prohibiting the use of disposable plastic
bags and regulating the sale and use of recyclable paper bags;
• requiring stores that use recyclable, reusable and /or biodegradable non - plastic
bags to charge customers a nominal fee per bag to be distributed to: (1) the local
school district for educational purposes; and (2) used by the store to offset the
costs of this legislation;
• requiring all such stores to provide or sell reusable non - plastic bags; and
• allowing local governments to "opt in" to the legislation via Ordinance.
Page 1 of 2
Res. No. 190 -12 -13747
Section3. The City Clerk is hereby instructed to transmit this Resolution to the Miami-
Dade League of Cities.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 18thDAY OF September , 2012.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
r,
CITY A
wArr y documents \resolutions\resolution plastic bags.harris rev ca.doc
APPROVED:
COMMISSION VOTE: 5 -0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
Page 2 of 2
HB 1601.DOC
HOUSE OF REPRESENTATIVES
TWENTY -SIXTH LEGISLATURE, 2011
STATE. OF HAWAII
HOBK NOR 1601.
Page 1
RELATING TO RECYCLING.
BE IT ENACTED BY THE LEGISLATURE' OF THE STATE OF HAWAII.
SECTION 1. The legislature finds that plastic bags create
unsightly litter, add additional burdens to Hawaii landfills, and
require the use of millions of barrels of crude oil for their<
manufacture. Plastics take decades to break down and present a
significant, long - lasting hazard to the environment.
The counties of Maui and Kauai have implemented ordinances to ban
plastic
shopping
bags and encourage the use of
reusable
or recyclable
bags to
transport
goods and groceries starting
in 2011.
Other cities
that have passed legislation to ban plastic shopping bags include Los
Angeles, San Francisco, and Malibu, California, and, Westport,
Connecticut.
The legislature further finds that the State has an interest in
protecting its natural environment, eliminating litter, and decreasing
the number of plastic bags flowing into its landfills and must follow
the emerging domestic trend of environmental protection,
The purpose of this Act is to protect Hawaii's environment by
banning at- store provision of plastic carryout bags beginning on July
1, 2012.
SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by
adding a new part to be appropriately designated and to read as
http:// www .capitol.hawaii.gov /session2012 /bills /HB1601.,HTM 8/29/2012
HB1601.DOC
follows_:
Page 2
"PART PLASTIC CARRYOUT BAG PROHIBITION
§342H�A Definitions. As used in this part, unless the context
otherwise requires.
"Business" means any commercial enterprise or establishment,
including sole proprietorships, joint ventures, partnerships and
corporations, or any other legally cognizable entity, whether for-
profit or not-for- profit, and 'includes all employees of the business
or any independent contractors associated with the business';
"Operator" means a person in control of or having responsibility
for the daily operation of a store and includes the owner of the
stare.
"Plastic carryout bag" means a plastic bag that is a bag made
from noncompostable plastic or compostable >plastic, and is not
specifically designed and manufactured for multiple re -use and
provided by ;a business to a customer at the point of sale and used to
carry items purchased by the customer.
"Reusable bag" means
a bag
that
is
specifically
designed
and
>- manufactured for multiple
re -use
and
is
made of .cloth
or
other
washable fabric, or made of durable material suitable for reuse.
§342H -B Plastic carryout bag; prohibition. (a) Beginning on
July 1, 2012, , all business operators are prohibited from providing
plastic carryout bags to consumers at the point of sale for the
purpose of transporting groceries or other goods.
(b) All business operators shall be required to provide or sell
reusable bags to consumers to transport groceries or other goods.
§342H -C Administrative penalties. In addition to any civil
remedy provided by law, the director may impose, by order, the
http: / /www. capitol. hawaii .gov /session2012./bills/1 -IB 1601_.HTM $/29/2012
HB1601.DOC Page 3
following .administrative penalties for violation of this part;:
(l) For a first violation, a fine of not more than $100 ;.
(,2) For a second violation within one year, a fine of not more
than $200 and
(3) For a third or subsequent violation within one year, a fine
of not more than $500;
provided that each issuance by a business operator or any of the
business
operato,r!s
;employees of a
plastic carryout bag in violation:
of
section. 342H -B
shall constitute
a separate violation,;
Fines collected pursuant to this, part shall be deposited into the
general fund.
9342H -D Injunctive and other relief. The director may institute
a civil action in
any court
of competent
jurisdiction
for
injunctive
and other relief
to prevent
a violation
of this part,
to
collect
administrative penalties, or to obtain other relief..
§342H -E Rules. Pursuant to chapter 91, the department may adopt
rules necessary for the purposes of this part. ">
SECTION 3. This Act does not affect rights and duties that
matured, penalties that, were incurred, and proceedings that were
begun, 'before its effective date.
SECTION 4. Nothing in this Act shall be interpreted or applied
so as to create any requirement., power, or duty in conflict with any
federal law..
SECTION 5. In codifying the new sections added by section 2 of
this Act, the revisor of statutes shall substitute appropriate section
numbers for the letters used in designating the new sections in this
Act.
SECTION 6. This Act shall take effect upon its approval.
http: / /www. capitol. hawaii.gov /session2Ol2/bills /HB 1601_.HTM 8/29/2012
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A bill to be 'entitled
An act relating to the environment; amending s,
403.7033; creating uniform statewide regulations for
disposable plastic bags and 'recyclable paper bags;'
providing for an effective date.
Be it Enacted by the Legislature of the State of Florida.
Section 1. Section 403.7033, Florida Statutes, is amended`'to
read':
(1)The Legislature finds that prudent regulation of recyclable
materials is crucial to the ongoing welfare of Florida's ecology
and 'economy'. The Department of Environmental Protection has
c
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(2) As used in this section, the term:
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(2) As used in this section, the term:
29 items .
30
3 . 1 (cam) "Recyclable" ,means material that can be sorted,
32 cleansed, and reconstituted using available recycliina, collection
33 ro rams for the ur ose of usn the altered form in the
34 manufacture of a new roduct. "Rec cln " does not include;'
35 burning, incinerati,' nq converting, or otherwise thermal!
36 destroying solid waste.
37
38 (h) "Rec clable a er ba " means a a er bag that meets all `
39 of the followin re irements: (1) contains no old growth.
40 fiber, (2) is one hundred percent (100 *) recyclable overall and
41 contains a minimum of forty percent WOW) postconsumer rec cled
42 material; (3) is capable of com osting,_, consistent with the
43 timeline and specifications of the American Society of Testincr
44 and Materials (ASTM) Standard 06400; (4) has printed on the bag
45 the name of the manufacturer, the location (country) where the
46 bag was manufactured,_ and the percentage of postconsumer
9
recycled material used;: and (5) displays the word "Recyclable"
2 in a"hi hl visible manner on the outside of the bag,
3
4 (i) ":Reusable bag'., means a bag with handles that is
5 specifically designed and manufactured for multi le reuse and
meets all of the following re .rements: (1) has a minimum
lifetime of 115 uses, which for purposes of this subsection,,
8"
:the c ilirean t of car in a minimum of 22 ounds. 125
a" times" over a distance of at least 175 feet;;;" 12} has a minimum
10 volume of 15 liters; (3) is machine washable or is made from a
11 material that can be cleaned or disinfected; (4) does not
1.2 contain lead, cadmium, or any other hea metal in toxic
13" amounts," as. defined b a licable state and federal standards
;14. and regulations for packaging or reusable bags (5) has tinted'
15 on the bag, or on a to that.- is permanenti, affixed' to the bag, ,
J6 the name of the manufacturer, the ''location '!(countr ) where the
17 baa was manufactured, a statement that the bag does not contain
1$" lead, cadmium, or any other hea metal in toxic amounts, and
13: the percentage of postcQnsumer rec.cled mater "ial used, if an
20 and (6) if made of plastic, is a minimum of at least 2.25 mils-
2), thick.
22
"Store means' any, of the following retail
24 establishments located within a local government*
25,
26 (1) A full - line self - service retail store with_ gross
1.
27 annual sales of two million dollars ($2,000,000), or more, that
28 sells a line of dry grocery, canned croods, or nonfood items and
29 some perishable items; and
31
1 (2) A drug store, pharmac su e'rmarket, rocer store,
32 convenience food store,'foodmart, or other entity of at least
33 10,000 s are` feet that is en aged in the retail sale of a`
34 limited line of goods that includes milk, bread,.soda,, and snack'
35 foods.
36
37 (3) Prohibited Ba s. No store shallprovde to an customer a
33 dis osable plastic bag. This prohibit.ion applies to bags
39 provided for the purpose of carrying awa goods from the Dint'
40 of sale and does not apply to produce bags or product bads.
41
42 (4) Permitted Bags. All stores shall provide or make available'
3 to a customer only recyclable
Pa bags or reusable bags for'.
44 the purpose of carrying awayµ goods or other materials from the
45 point of sale, subject to the terms of this section. Nothing in
46 this section prohibits customers from using bags of anv tvne
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A deep issue: Plastic waste in, Pacific Ocean increases 100 7fold I PlastiesToday,com
The United. Nations estimates that at least 7 million tons of trash ends up in the oceans every year, of which 5,6 million tons.
are plastics,
plastic makers are taking - action, The plastics Industries of the ACC has partneted with Keep Califomia Beaulif ifii project to
put more recycle bins on beaches, campgrounds, and rest -
areas, Since the program began In 2009, the Initiative has
installed nearly 700 recycling bins and educational signage
in 19 communities along the California coast.;.,
I �
In terms of what the industry can direclly control at
manufacturing and supply fadlhlesi Operation Clean. Sweepi
in 1992, Effective among SPI member companies and
others, OCS is expanding in Canada and other countries ;9t
outside North America.,
In November 2011, plastlrs industry representatives from
FR
y
around the world gathered In Dubai to create an action
of solutions to marine litter,
Wdhin the "Declaration for Solutions on Marine Litter" signed by 54 plastics Industry organizations at Dubai, the plastics
Industry created a partnership with the Joint Group of Experts on into Scientific Aspects of Marine Environmental
Proleclion� (GE$AMP), an advisory body to the United Nations on the sclenfific aspects of marine environmental
protection, ApproArnately -100 projects to be carried out In 32 countries have been Identified, and those are in addition to.
the global activities supported In common by alt signatotles to the agreement,
Bill Caneaux, president and CEO of 5PI4 said the heeling was "an emvilent move toward meaningful progress by plastics'
industry tepressntatives from around the world who are committed to the global action plan for solutions on marine litter;`
-
'Misconceptionsaboutwaste
Still, despite . the industry's Initiatives and work toward reducing waste, some consumers believe the answer is to ban
various forms of plastic 'packaging, As one user stated on a NPR , blog article, 'Paople,:pieese stop using plastics, Stop .
putting your.garbage In the ocean"
Christman said the idea of banning plastics does not recognize the full scale of the litter problem,
_nr rl'r� f 'There have been studies done on what materials are found on the,:
beaches and lass bottles, aluminum cans, and plastic bottles all are
. s ;a�,, among top three Items " he sald.'iP clearly indicates litter In all types can
ems* r i become marine debris, It Just so happens that plastics floats."
,� ,0
,� Goldstein said she believes plastics serve a valuable purpose.
��^ T9.Ylaslla i9 aWait)me, 5ne 5a1(It I11S KCY a5. a, AULlely Is llblll� u 1(1 M wfly
"`r>' that is useful; The best way to find a solution is stop putting plastic in
ocean, add more waste disposals. This seems to be a waste management
and behavior problem
Page 2of2
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http : / /www.plastiestoday.com/ articles /A- deep_ issue -pl astle- waste -in- pacific- ocean- inereas... 8/29/2012