Bill Text: FL S1580 | 2022 | Regular Session | Introduced

Bill Title: Management of Single-use Plastic Products

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Environment and Natural Resources [S1580 Detail]

Download: Florida-2022-S1580-Introduced.html
       Florida Senate - 2022                                    SB 1580
       By Senator Rodriguez
       39-01499-22                                           20221580__
    1                        A bill to be entitled                      
    2         An act relating to the management of single-use
    3         plastic products; amending s. 403.7033, F.S.;
    4         requiring the Department of Environmental Protection
    5         to update its 2010 retail bag report at specified
    6         intervals; providing requirements for the updated
    7         reports; creating s. 403.7034, F.S.; defining the term
    8         “coastal community”; authorizing certain coastal
    9         communities to establish pilot programs to regulate
   10         the use of single-use plastic products; providing for
   11         the adoption and expiration of the ordinances required
   12         to establish the pilot programs; directing
   13         participating municipalities to collect data and
   14         submit reports to the municipal governing bodies and
   15         the department; providing for expiration of the pilot
   16         programs; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 403.7033, Florida Statutes, is amended
   21  to read:
   22         403.7033 Departmental analysis of particular recyclable
   23  materials.—
   24         (1) The Legislature finds that prudent regulation of
   25  recyclable materials is crucial to the ongoing welfare of
   26  Florida’s ecology and economy. As such, the Department of
   27  Environmental Protection shall review and update its 2010 report
   28  on retail bags analyzing the need for new or different
   29  regulation of auxiliary containers, wrappings, or disposable
   30  plastic bags used by consumers to carry products from retail
   31  establishments. The updated report must include input from state
   32  and local government agencies, stakeholders, private businesses,
   33  and residents citizens and must evaluate the efficacy and
   34  necessity of both statewide and local regulation of these
   35  materials. To ensure consistent and effective implementation,
   36  the department shall submit the updated report with conclusions
   37  and recommendations to the Legislature by no later than December
   38  31, 2021. Beginning December 31, 2026, and every 5 years
   39  thereafter, the department shall submit an updated report with
   40  conclusions and recommendations to the Legislature by December
   41  31 of each year in which an updated report is due.
   42         (2) Until such time that the Legislature adopts the
   43  recommendations of the department, a local government, local
   44  governmental agency, or state governmental agency may not enact
   45  any rule, regulation, or ordinance regarding the use,
   46  disposition, sale, prohibition, restriction, or tax of such
   47  auxiliary containers, wrappings, or disposable plastic bags.
   48         Section 2. Section 403.7034, Florida Statutes, is created
   49  to read:
   50         403.7034 Municipal pilot programs for the regulation of
   51  single-use plastic products.—
   52         (1)As used in this section, the term “coastal community”
   53  means a municipality within this state which abuts or borders
   54  the Gulf of Mexico; the Atlantic Ocean; or a saltwater bay,
   55  sound, strait, inlet, lagoon, salt marsh, or coastal wetland, or
   56  other saltwater body immediately adjacent to the Gulf of Mexico
   57  or the Atlantic Ocean.
   58         (2)Notwithstanding s. 403.7033(2), and pending adoption by
   59  the Legislature of the department’s recommendations in the
   60  updated 2010 retail bag report submitted pursuant to that
   61  subsection, a coastal community with a population of less than
   62  100,000 may establish a pilot program to regulate the use of
   63  single-use plastic products within that municipality.
   64         (3)A coastal community that establishes a pilot program
   65  pursuant to subsection (2) shall do all of the following:
   66         (a)Adopt an ordinance to regulate the use of single-use
   67  plastic products within the municipality’s jurisdiction. The
   68  ordinance must take effect by July 1, 2023, and must expire by
   69  June 30, 2025. The ordinance may not authorize or impose any new
   70  taxes or fees on the use or distribution of single-use plastic
   71  products or disposable plastic bags.
   72         (b)Collect pertinent data and prepare a report analyzing
   73  the results and effectiveness of the pilot program. By May 1,
   74  2025, the municipality shall submit the report to the governing
   75  body of the municipality that established the pilot program. The
   76  report must be presented during a publicly noticed meeting
   77  during which the municipality may receive public comments on the
   78  report.
   79         (c)Submit a copy of the report required under paragraph
   80  (b) to the department by June 30, 2025.
   81         (4)This section expires July 1, 2025.
   82         Section 3. This act shall take effect upon becoming a law.