Florida Senate - 2015                                     SB 966
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00151A-15                                           2015966__
    1                        A bill to be entitled                      
    2         An act relating to disposable plastic bags; creating
    3         s. 403.70325, F.S.; authorizing certain municipalities
    4         to establish pilot programs for the regulation or ban
    5         of disposable plastic bags; providing program
    6         criteria; providing for expiration of the program;
    7         directing participating municipalities to collect data
    8         and submit reports to the municipal governing body and
    9         the Department of Environmental Protection;
   10         authorizing municipalities to continue such regulation
   11         or ban after the program expires under certain
   12         conditions; republishing s. 403.7033, F.S.; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 403.70325, Florida Statutes, is created
   18  to read:
   19         403.70325 Municipal pilot program for regulation or ban of
   20  disposable plastic bags.—
   21         (1) Notwithstanding s. 403.7033, a municipality with a
   22  population of fewer than 100,000 may establish a pilot program
   23  to regulate or ban disposable plastic bags. A municipality
   24  establishing a pilot program shall, by December 31, 2015, enact
   25  an ordinance for the regulation or ban of disposable plastic
   26  bags that begins January 1, 2016, and expires June 30, 2018.
   27  Such ordinance may not include any new taxes or fees on the use
   28  or distribution of disposable plastic bags.
   29         (2) A municipality that establishes a pilot program shall:
   30         (a) Collect data pertaining to the impact of such
   31  regulation or ban.
   32         (b) By April 1, 2018, submit a report on the impact of such
   33  regulation or ban to the governing body of the municipality at a
   34  public hearing that is open to comments from the public.
   35         (c) Provide a copy of the report to the department.
   36         (3) A municipality may continue to regulate or ban
   37  disposable plastic bags after June 30, 2018, if the municipality
   38  enacts an ordinance after April 1, 2018, indicating that the
   39  municipality will continue the regulation or ban of plastic
   40  bags, notwithstanding s. 403.7033.
   41         Section 2. Section 403.7033, Florida Statutes, is
   42  republished to read:
   43         403.7033 Departmental analysis of particular recyclable
   44  materials.—The Legislature finds that prudent regulation of
   45  recyclable materials is crucial to the ongoing welfare of
   46  Florida’s ecology and economy. As such, the Department of
   47  Environmental Protection shall undertake an analysis of the need
   48  for new or different regulation of auxiliary containers,
   49  wrappings, or disposable plastic bags used by consumers to carry
   50  products from retail establishments. The analysis shall include
   51  input from state and local government agencies, stakeholders,
   52  private businesses, and citizens, and shall evaluate the
   53  efficacy and necessity of both statewide and local regulation of
   54  these materials. To ensure consistent and effective
   55  implementation, the department shall submit a report with
   56  conclusions and recommendations to the Legislature no later than
   57  February 1, 2010. Until such time that the Legislature adopts
   58  the recommendations of the department, no local government,
   59  local governmental agency, or state government agency may enact
   60  any rule, regulation, or ordinance regarding use, disposition,
   61  sale, prohibition, restriction, or tax of such auxiliary
   62  containers, wrappings, or disposable plastic bags.
   63         Section 3. This act shall take effect upon becoming a law.