Florida Senate - 2017                                     SB 162
       
       
        
       By Senator Rodriguez
       
       37-00237A-17                                           2017162__
    1                        A bill to be entitled                      
    2         An act relating to disposable plastic bags; creating
    3         s. 403.70325, F.S.; defining the term “coastal
    4         community”; authorizing certain municipalities to
    5         establish pilot programs to regulate or ban disposable
    6         plastic bags; providing program criteria; providing
    7         for expiration of a certain required ordinance;
    8         directing participating municipalities to collect data
    9         and submit reports to the municipal governing bodies
   10         and the Department of Environmental Protection;
   11         republishing s. 403.7033, F.S.; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 403.70325, Florida Statutes, is created
   17  to read:
   18         403.70325 Municipal pilot program for regulation or ban of
   19  disposable plastic bags.—
   20         (1) As used in this section, the term “coastal community”
   21  means a municipality that abuts or borders the Gulf of Mexico or
   22  Atlantic Ocean, or a saltwater bay, sound, straight, inlet,
   23  lagoon, salt marsh, coastal wetland, or other saltwater body
   24  immediately adjacent to the Gulf of Mexico or Atlantic Ocean.
   25         (2) Notwithstanding s. 403.7033, a coastal community with a
   26  population of fewer than 100,000 may establish a pilot program
   27  to regulate or ban disposable plastic bags. A municipality
   28  establishing a pilot program shall enact an ordinance for the
   29  regulation or ban of disposable plastic bags which takes effect
   30  no earlier than January 1, 2018, and expires no later than June
   31  30, 2020. Such ordinance may not include any new taxes or fees
   32  on the use or distribution of disposable plastic bags.
   33         (2) A municipality that establishes a pilot program shall:
   34         (a) Collect data pertaining to the impact of such
   35  regulation or ban.
   36         (b) By April 1, 2020, submit a report on the impact of such
   37  regulation or ban to the governing body of the municipality at a
   38  public hearing that is open to comments from the public.
   39         (c) Provide a copy of the report to the department.
   40         Section 2. Section 403.7033, Florida Statutes, is
   41  republished to read:
   42         403.7033 Departmental analysis of particular recyclable
   43  materials.—The Legislature finds that prudent regulation of
   44  recyclable materials is crucial to the ongoing welfare of
   45  Florida’s ecology and economy. As such, the Department of
   46  Environmental Protection shall undertake an analysis of the need
   47  for new or different regulation of auxiliary containers,
   48  wrappings, or disposable plastic bags used by consumers to carry
   49  products from retail establishments. The analysis shall include
   50  input from state and local government agencies, stakeholders,
   51  private businesses, and citizens, and shall evaluate the
   52  efficacy and necessity of both statewide and local regulation of
   53  these materials. To ensure consistent and effective
   54  implementation, the department shall submit a report with
   55  conclusions and recommendations to the Legislature no later than
   56  February 1, 2010. Until such time that the Legislature adopts
   57  the recommendations of the department, no local government,
   58  local governmental agency, or state government agency may enact
   59  any rule, regulation, or ordinance regarding use, disposition,
   60  sale, prohibition, restriction, or tax of such auxiliary
   61  containers, wrappings, or disposable plastic bags.
   62         Section 3. This act shall take effect upon becoming a law.