_add-on 2Add-On Item
By: Commissioner Harris
City Commission Meeting 9-18-12
Page 1 of 2
RESOLUTION No.: _______________ 1
2
A Resolution supporting state legislation relating to disposable plastic bags 3
and recyclable paper bags; and providing for transmittal. 4
5
WHEREAS: the City Commission is mindful of Section 403.7033, Florida Statutes, 6
which preempts local governments from regulating disposable plastic bags, wrappings, and 7
containers; and 8
WHEREAS: as required by Section 403.7033, Florida Statutes, the Florida Department 9
of Environmental Protection prepared and completed an analysis of regulations for disposable 10
plastic and paper retail bags and recommended that the Florida Legislature take action to 11
discourage the use of single-use paper and plastic retail bags and encourage the use of reusable 12
retail bags; and 13
WHEREAS: consistent with the Florida Department of Environmental Protection’s 14
recommendation, the City Commission supports state legislation of disposable plastic bags and 15
recyclable paper bags, which is generally consistent with the provisions provided for within this 16
Resolution; and 17
WHEREAS: the City Commission finds that this Resolution is in the best interest and 18
welfare of the residents of the City. 19
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20
COMMISSION OF THE CITY OF SOUTH MIAMI: 21
Section 1. The above recitals are true and correct and are incorporated herein by 22
reference. 23
Section 2. The City Commission hereby supports state legislation relating to disposable 24
plastic bags and recyclable paper bags that is generally consistent with the following provisions: 25
• establish uniform statewide regulations prohibiting the use of disposable plastic 26
bags and regulating the sale and use of recyclable paper bags; 27
• requiring stores that use recyclable, reusable and/or biodegradable non-plastic 28
bags to charge customers a nominal fee per bag to be distributed to: (1) the local 29
school district for educational purposes; and (2) used by the store to offset the 30
costs of this legislation; 31
• requiring all such stores to provide or sell reusable non-plastic bags; and 32
• allowing local governments to “opt in” to the legislation via Ordinance. 33
Add-On Item
By: Commissioner Harris
City Commission Meeting 9-18-12
Page 2 of 2
Section3. The City Clerk is hereby instructed to transmit this Resolution to the Miami-1
Dade League of Cities. 2
Section 4. This resolution shall take effect immediately upon adoption. 3
PASSED AND ADOPTED THIS DAY OF , 2012. 4
5
ATTEST: APPROVED: 6
7
________________________ __________________________ 8
CITY CLERK MAYOR 9
10
11
READ AND APPROVED AS TO FORM, COMMISSION VOTE: 12
LANGUAGE, LEGALITY AND Mayor Stoddard: 13
EXECUTION THEREOF Vice Mayor Liebman: 14
Commissioner Newman: 15
Commissioner Harris: 16
Commissioner Welsh: 17
___________________________ 18
CITY ATTORNEY 19
20
21
W:\My Documents\resolutions\Resolution plastic bags.Harris.doc 22
HB1601.DOC
HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII H.B. NO.
A BILL FOR AN ACT
RELATING TO RECYCLING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Page 1
1601
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 Page 2
follows:
"PART PLASTIC CARRY OUT 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
store.
"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/session2012lbillsIHB1601 _.HTM 8/29/2012
HB1601.DOC
following administrative penalties for violation of this part:
(1) For a first violation, a fine of not more than $100;
Page 3
(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 operator'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.
§342H-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/session2012!billsIHB1601_.HTM 8/29/2012
1
2
3
4
5
6
7
8
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
9 Be it Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 403.7033, Florida Statutes, is amended to
12 read:
13
14
15
16
17
403.7033 Uniform Statewide Regulations for Disposable Plastic
and Re cyc I e P ape r Bags . -£D)€e~p:nar.rE"tt='mmee-Flnttt;.ca~It--ia%3n:liaa-±I)¥·'9sl-:li:-Esr---i:o:r.f~-=peaa~r:.t:t;-3i~c*u:l-:18a3::rF
recyclable materials.
18 ill The Legislature finds that prudent regulation of recyclable
19 materials is crucial to the ongoing welfare of Florida's ecology
20 and economy. ,The Department of Environmental Protection has
21 completed an analysis of appropriate regulations for disposable
22 plastic and paper retail bags and has recommended that such
23 regulations discourage the use of single-use paper and plastic
24 retail bags and encourage the use of reusable retail bags. As
25 such, the Legislature finds that it is necessary and appropriate
26 to adopt uniform statewide regulations for disposable plastic
27 and recycle retail paper bags that may be implemented by local
28 governments across the state. the Department of ErrJironmental
29 Protection shall undertake an analysis of the need for nmw' or
30 different regulation of ameiliary containers, .... rappings, or
31 disposable plastic bags used by consumers to carry products from
32 retail establishments. The analysis shall include input from
33 state and local government agencies, stakeholders, private
34 businesses, and citizens, and shall evaluate the efficacy and
35 necessity of both statmdde and local regulation of these
36 materials. To ensure consistent and effective implementation,
37 the department shall submit a report with conclusions and
38 recommendations to the Legislature no later than February I,
39 2010. Until such time that the Legislature adopts the
40 recommendations of the department, no local government, local
41 governmental agency, or state government agency may enact any
42 rule, regulation, or ordinance regarding use, disposition, sale,
43 prohibition, restriction, or tax of such aweiliary containers,
44 .... rappings, or disposable plastic bags.
45
46 (2) As used in this section, the term:
1
2 (a) "Customer" means any person purchasing goods from a
3 store.
4
5 (b) "Disposable Plastic bag" means any bag made
6 predominantly of plastic derived from either petroleum or a
7 biologically-based source, such as corn or other plant sources,
8 which is provided to a customer at the point of sale.
9 "Disposable Plastic bag" includes compostable and biodegradable
10 bags but does not include reusable bags, produce bags, or
11 product bags
12
13
14
(c) "Local government" means a county or municipality.
15 (d) "Person" means any natural person, firm, corporation,
16 partnership, or other organization or group however organized.
17
18 hl "Postconsumer recycled material" means a material that
19 would otherwise be destined for solid waste disposal, having
20 completed its intended end use and product life cycle.
21 "Postconsumer recycled material" does not include materials and
22 by-products generated from, and commonly reused within, an
23 original manufacturing and fabrication process.
24
25 (f) "Produce bag" or "product bag" means any bag without
26 handles used exclusively to carry produce, meats, or other food
27 items to the point of sale inside a store or to prevent such
28 food items from coming into direct contact with other purchased
29 items.
30
31 ill "Recyclable" means material that can be sorted,
32 cleansed, and reconstituted using available recycling collection
33 programs for the purpose of using the altered form in the
34 manufacture of a new product. "Recycling" does not include
35 burning, incinerating, converting, or otherwise thermally
36 destroying solid waste.
37
38 (h) "Recyclable paper bag" means a paper bag that meets all
39 of the following requirements: (1) contains no old growth
40 fiber, (2) is one hundred percent (100%) recyclable overall and
41 contains a minimum of forty percent (40%) postconsumer recycled
42 material; (3) is capable of composting, consistent with the
43 timeline and specifications of the American Society of Testing
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
1 recycled material used; and (5) displays the word "Recyclable"
2 in a highly 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 multiple reuse and
6 meets all of the following requirements: (1) has a minimum
7 lifetime of 125 uses, which for purposes of this subsection,
8 means the capability of carrying a minimum of 22 pounds 125
9 times over a distance of at least 175 feet; (2) 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
12 contain lead, cadmium, or any other heavy metal in toxic
13 amounts, as defined by applicable state and federal standards
14 and regulations for packaging or reusable bags; (5) has printed
15 on the bag, or on a tag that is permanently affixed to the bag,
16 the name of the manufacturer, the location (country) where the
17 bag was manufactured, a statement that the bag does not contain
18 lead, cadmium, or any other heavy metal in toxic amounts, and
19 the percentage of postconsumer recycled material used, if any;
20 and (6) if made of plastic, is a minimum of at least 2.25 mils
21 thick.
22
23
24
25
(j) "Store" means any of the following retail
establishments located within a local government:
26 (1) A full-line, self-service retail store with gross
27 annual sales of two million dollars ($2,000,000), or more, that
28 sells a line of dry grocery, canned goods, or nonfood items and
29 some perishable items; and
30
31 (2) A drug store, pharmacy, supermarket, grocery store,
32 convenience food store, foodmart, or other entity of at least
33 10,000 square feet that is engaged in the retail sale of a
34 limited line of goods that includes milk, bread, soda, and snack
35 foods.
36
37 (3) Prohibited Bags. No store shall provide to any customer a
38 disposable plastic bag. This prohibition applies to bags
39 provided for the purpose of carrying away goods from the point
40 of sale and does not apply to produce bags or product bags.
41
42 (4)Permitted Bags. All stores shall provide or make available
43 to a customer only recyclable paper bags or reusable bags for
44 the purpose of carrying away 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 any type
3
1 that they bring to the store themselves or from carrying away
2 goods that are not placed in a bag, in lieu of using bags
3 provided by the store.
4
5 (5)Use of Reusable Bags. All stores shall provide reusable bags
6 to customers, either for sale or at no charge.
7
8 (6) Regulation of Recyclable Paper Bags. Any store that
9 provides a recyclable paper bag to a customer shall charge the
10 customer 10 cents ($0.10) for each bag provided. No store shall
11 rebate or otherwise reimburse a customer any portion of the 10-
12 cent ($0.10) charge. All stores must indicate on the customer
13 receipt the number of recyclable paper bags provided and the
14 total amount charged for the bags. All monies collected by a
15 store under this section shall be used as follows: (1) a minimum
16 of 50% of the monies collected shall be distributed to the
17 School District in which the store is located to be used solely
18 for educational purposes; and (2) Up to 50% of the monies
19 collected may be retained by the store in order to offset the
20 costs of complying with the provisions of this section.
21
22 (7) Reporting. All stores must report to the local government,
23 on a quarterly basis, the total number of recyclable paper bags
24 provided, the total amount of monies collected for providing
25 recyclable paper bags L and a summary of any efforts a store has
26 undertaken to promote the use of reusable bags by customers in
27 the prior quarter. Such reporting must be done on a form
28 prescribed by the local government I and shall be signed by a
29 responsible agent or officer of the store confirming that the
30 information provided on the form is accurate and complete. For
31 the periods from January 1 through March 31, April 1 through
32 June 30, July 1 through September 30, and October 1 through
33 December 31, all quarterly reporting must be submitted no later
34 than 30 days after the end of each quarter.
35
36 (8)Local government opt-in. The provisions of section shall only
37 become effective within a local government after adoption of an
38 ordinance. Such ordinance shall comply with the provisions of
39 this section and may include penalties for violation.
40
41
42 Section 2. This act shall take effect upon becoming law.
A deep issue: Plastic waste in Pacific Ocean increases I DO-fold I PlasticsToday.com Page I of2
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A deep issue: Plastic waste in Pacific Ocean increases
100-fold
By Heather Ci"Jliendo
PlIollshed: May 151h 2012
Share
It's called the Great Pacific Garbage Patch. A swirling vortex of plastic bags, bottles and other debris, a landfill some say is
twice the size of Texas.
While this area has brought concern for some time about its effects on marine life, researchers from the Scripps Institute of
Oceanography-~ round there's even more cause for worry, In a paper published by the Journal Biology LeHers;t. scientists
from Scripps reported the amount of plastic debris in this part of the Pacific Ocean has grown 100-fold in the past 40
years.
EVen the researchers were shocked at this
Increase
"To find this abundance of microplastics was
surprising -we didn't expect this," Scripps
graduate student Miriam Goldstein, lead author of
the study, told PlaslicsToday.
A plastic expedition In the pacific
In 2009, a group of graduate students led the
Scripps Environmental Accumulation of Plastic
Expedition (SEAPLEX) to the North P.ci~c Ocean
subtropical gyre aboard the Scripps research
vessel New Horizon.
During the voyage, the researchers, who concentrated their studies a thousand miles west of California, documented a
high amount of human~generated trash, mosUy broken down bits of plastic the size of a flngemail, noating across
thousands of miles of open ocean.
"This paper shows a dramatic Increase in plastic over a relatively short time period and the effect it's having on a common
North Pacific gyre Invertebrate," Goldstein said. "We're seeing changes in this marine insect that can be directly attributed
to the plasUc."
Since the pieces are so tiny, Goldstein said they weren't able to trace the waste to any particular type of plastic packaging.
"We can't tell what the objects are or how long that piece of plastic has been In the ocean," she said. "We are definitely
interested in finding a way."
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Perhaps one of the most alarming facts about this study Is this sharp
Increase of small plastic debris in the Garbage Patch could have
ecosystem-wide consequences that lead to changes in the natural habitat
of animals such as the marine insect Halobates serlceus.
These "sea skaters" inhabiL water surfaces and traditionally lay their eggs
on floating objects such as seashells, seabird feathers, tar lumps, and
pumi ce,
In the new study, researchers found that sea skaters have exploited the
influx of plastic garbage as new surfaces for their eggs. This has led to a
rise In the insect's egg densities in the North Pacific subtropical gyre.
"The plastic debris Is giving the insects places to lay their eggs as they
don't have far to go to find an abundance of plaslic," Goldstein said. '"This is something that shouldn't be in the ocean."
In addition, data from the expedition found that 9% of the fish captured had plasUc waste in their stomachs. That study
estimated that ~sh in the intermediate ocean depths of the North Pacific Ocean inge,t plastic at a rate of roughly 12,000 to
24.000 tons per year.
"I think everyone, activists, scientists, and the Industry, agrees plastic has no place in ocean," she said.
Plastics industry works toward a solution
Keith Christman, managing director of plastics markets for the American Chemistry Councilti (ACe), echoes Goldman's
statement.
"Plastics don't belong in the ocean," he said. "This is clear1y a shared responsibility for all members as a society, It takes all
of us to work. together."
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CHANNEL
npe.plastlc;sloday.com
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source for all things NPE.
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A deep issue: Plastic waste in Pacific Ocean increases 100-fold I PlasticsToday.com Page 2 of2
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 adion. The plastics industries of the ACe has partnered with Keep Califomia BeauUful~/ 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.
In terms of what the industry can directly control at
manufacturing and supply facilities, Operation Clean SweepI
is a program aimed at zero pellet loss In plastics handling
facilities that Society of the Plastics Induslry;; (SPI) launched
in 1992. Effective among SPI member companies and
others, oes is expanding in Canada and other countries
outside North America
In November 2011, plastics industry representatives from
around lhe world gathered in Dubai to create an action plan
of solutions to marine litter.
\/J'ithin the "Declaration for Solutions on Marine Uttej" signed by 54 plastics industry organizations at Dubai, the plastics
industry created a partnership with the Joint Group of EKperts on tile Scientific Aspects of Marine Environmental
Protection::.: (GESAMP), an advisory body to the United Nations on the scientific aspects of marine environmental
protection. Approximately 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 all signatories to the agreement.
Bill Carteaux, president and CEO of SPI, said the meeting was "an excellent move toward meaningful progress by plasLics
industry representatives from around the world who are committed to the global aclion plan for solutions on marine litter."
Misconceptions about waste
Still, despite the industry's initiatives and worn 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, "People, please slop 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,
"There have been studies done on what materials are found on the
beaches and glass bottles, aluminum cans, and plastic bottles all are
among top three Items," he said. "It clear1y indicates IitLer in all types can
become marine debris. It just so happens that plastics floats,"
Goldstein said she believes plastics serve a valuable purpose.
"Plastic is awesome," she said, "The key as a society is using it in a way
~~II~ that is useful. The best way to find a solution is stop putting plastic in
II ocean, add more waste disposals. This seems to be a waste management
and behavior problem
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