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BILLS OF THE WEEK
Auxiliary Containers
This week, rather than focus on just one bill, we are taking a look at a set of bills that have been filed taking a very different approach to the same problem, auxiliary containers. Auxiliary containers are typically single-use plastics or polystyrene containers provided by food retailers when a consumer is taking food offsite.
SCCF has closely followed the legislative proposals to ban the regulation of auxiliary containers because of the pollution they generate on our beaches and waterways. If this issue seems familiar, then congratulations on following closely last legislative session! Over the last two legislative sessions, SCCF has stood in opposition to efforts to preempt local governments from protecting their own resourses by regulating auxiliary containers.
This year, there are two sets of competing auxiliary container bills: A set we support and a set we oppose.
House Bill 575/Senate Bill 240
SCCF supports HB 575, sponsored by Rep. Meg Weinberger, and its companion bill SB 240 sponsored by Sen. Ileana Garcia. These similar bills, entitled “Auxiliary Containers,” preempt the regulation of said containers to the state. However, it also requires the Department of Environmental Protection to develop uniform statewide ordinances for the use of these containers to curtail plastics pollution by providing a uniform method of regulation. By enforcing a statewide rule, the bill aims to alleviate some of the concerns of retailers that are worried about having to deal with a patchwork of regulations. While we are not excited about the preemption of our local leaders, ensuring that a statewide rule will be put into force helps with some of our concerns.
The bill welcomes public input on rule development through a series of required workshops and goes even further to prohibit the sale of polystyrene containers in state parks and directs the use and sale of other single use plastics to be eliminated to the greatest extent possible.
House Bill 629/Senate Bill 766
On the other spectrum, HB 629, Regulation of Auxiliary Containers, sponsored by Rep. Tiffany Esposito and SB 766 , Solid Waste by Sen. Jonathan Martin, are primarily preemption bills, similar to the efforts we have seen in previous years. These partner bills preempt regulation of auxiliary containers to the state but do not call for statewide rules to be drafted to prohibit or minimize use of auxiliary containers. Additionally, both bills delete existing law that acknowledges prudent regulation of recyclable materials as important to the state ecology and economy.
Of these four bills, SB 240 is the only that’s been heard in committee. It passed unanimously (8-0) in a pre-session hearing of the Senate Environment and Natural Resources Committee. Since then, none of these bills have been scheduled in any of their respective committees. Even if these bills aren’t heard individually, we may see elements of the bills amended onto other bills as the session moves forward.
These bills represent a trend we've been seeing where the state attempts to take decision making power away from our local governments. It is our local leaders, those elected officials that work most closely to the resources that they are tasked with protecting, that understand the unique needs of those environments. By preempting local governements ability to govern, Tallahassee risks state agencies attempting to fit a "one-size-fits-all" solution across disparate areas of Florida that have very different needs. While we aren't excited about the preemption contained in either set of bills, if the state desires to take control of all decision-making powers around auxiliary containers, it is imperative that they also enact new protections across the state to help our communities deal with rampant plastic pollution in our waterways and on our beaches.
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