Miami-Dade Legislative Item
File Number: 241705
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File Number: 241705 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: BAN USE OF PLASTIC FROM COUNTY CONCESSIONAIRES Introduced: 9/16/2024
Requester: NONE Cost: Final Action: 10/16/2024
Agenda Date: 11/20/2024 Agenda Item Number: 11A4
Notes: SEE 242197 FOR FINAL VERSION AS ADOPTED Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO INCLUDE A PROVISION ELIMINATING THE DISTRIBUTION OF SINGLE-USE PLASTICS AND POLYSTYRENE TO CONSUMERS IN ALL FUTURE COUNTY CONTRACTS WITH CONCESSIONAIRES DOING BUSINESS ON COUNTY PROPERTY AND TO ELIMINATE THE DISTRIBUTION OF SINGLE-USE PLASTICS AND POLYSTYRENE AT COUNTY-RUN CONCESSIONS [SEE ORIGINAL ITEM UNDER FILE NO. 241055]
Indexes: NONE
Sponsors: Eileen Higgins, Prime Sponsor
  Marleine Bastien, Co-Sponsor
  Kionne L. McGhee, Co-Sponsor
  Raquel A. Regalado, Co-Sponsor
  Micky Steinberg, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/20/2024 11A4 Amended
REPORT: See Agenda Item 11A4 Amended, Legislative File No. 242197, for the amended version.

Board of County Commissioners 11/6/2024 11A7 Deferred 11/20/2024
REPORT: The Board deferred the foregoing proposed resolution to the November 20, 2024, Board of County Commissioners (BCC) meeting.

Office of the Chairperson 10/31/2024 Deferrals
REPORT: The Prime Sponsor has requested deferral to the November 20, 2024 Board of County Commissioners meeting.

Board of County Commissioners 10/16/2024 11A4 Deferred 11/6/2024 C

Office of the Chairperson 10/15/2024 Deferrals
REPORT: The Prime Sponsor has requested deferral to the November 6, 2024 Board of County Commissioners meeting.

County Attorney 9/16/2024 Assigned Melanie J. Spencer 9/17/2024

County Infrastructure, Operations and Innovations Committee 9/10/2024 2B AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s)
REPORT: The foregoing proposed resolution was amended as follows: - On page MDC006, Section 1, to remove the words “wrappers and “coffee lids”; to change the word “water” to “beverages” and, after “County Mayor’s designee” to add “to the greatest extent possible”. - On page MDC006, Section 2, to remove the words “wrappers” and “coffee lids”; to change the word “water” to “beverage” and, to insert “With the exception of prepackaged foods such as ready to eat meals and snack packs.”

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO INCLUDE A PROVISION ELIMINATING THE DISTRIBUTION OF SINGLE-USE PLASTICS AND POLYSTYRENE TO CONSUMERS IN ALL FUTURE COUNTY CONTRACTS WITH CONCESSIONAIRES DOING BUSINESS ON COUNTY PROPERTY AND TO ELIMINATE THE DISTRIBUTION OF SINGLE-USE PLASTICS AND POLYSTYRENE AT COUNTY-RUN CONCESSIONS

BODY
WHEREAS, single-use plastics, including polystyrene, commonly known by its commercial brand name �Styrofoam,� are made primarily from fossil fuel-based chemicals and are meant to be disposed of after one use; and
WHEREAS, single-use plastics are most commonly found in the form of wrappers, straws, containers, utensils, water bottles, coffee lids and stirrers, and bags; and
WHEREAS, single-use plastics are neither readily recyclable nor biodegradable, and can take hundreds to thousands of years to degrade in the environment; and
WHEREAS, single-use plastics contribute to overburdened landfills, threaten wildlife and marine life, and degrade and litter drainage and sewage systems, as well as the beaches and waters off the Florida coast; and
WHEREAS, according to the Florida International University Institute of Environment, plastics and other nonrecyclable products often end up in Miami-Dade�s waterways, canals, and storm drain systems, harming marine life, damaging our resources, and creating pollution; and
WHEREAS, according to the National Ocean Service, although it is difficult to estimate the amount of plastic in the oceans, as much as 1.45 million metric tons of plastic entered the coastal environment in the United States in 2016 alone; and
WHEREAS, a recent study discovered microplastics traveling in the bloodstream of some donors and embedded in the lung tissue of a dozen patients awaiting surgery; and
WHEREAS, it is in the interest of the public health and safety of all Miami-Dade County residents to take action to reduce the use of plastics therefore reducing litter and pollutants on the lands and in the waters of the County; and
WHEREAS, various eco-friendly alternatives to single-use plastics, such as biodegradable and compostable materials, reusable containers, and sustainable packaging, are readily available and increasingly affordable, offering environmentally responsible options for everyday use; and
WHEREAS, it is important to acknowledge that certain items, such as certain sports drinks and beverages, may not yet have widely available plastic-free alternatives, presenting challenges in fully eliminating single-use plastics from certain aspects of daily life; and
WHEREAS, counties and municipalities around the state have taken action to protect the environment by creating programs and policies outside of the scope of the state preemption codified in section 403.7033 of the Florida Statutes; and
WHEREAS, Miami-Dade County adopted Ordinance No. 16-58 on April 19, 2016, banning polystyrene in certain parks, parkways, recreational areas, marinas, and other areas operated and maintained by the County�s Parks, Recreation, and Open Spaces Department; and
WHEREAS, according to a study by Washington University, polystyrene takes more than 500 years to decompose in nature; and
WHEREAS, Miami-Dade County business owners and residents have a history of being committed to environmental resilience due to the location of our County and the harm that our natural resources�such as Biscayne Bay�have suffered as a result of pollution; and
WHEREAS, on December 8, 2021, this Board adopted Resolution No. R-1179-21, to create Plastic Free 305, a voluntary program to encourage businesses to move away from the use of single-use plastics; and
WHEREAS, as of May 2024, there are 88 businesses who have been certified as Plastic Free 305 due to reducing or eliminating single-use plastics in their operations; and
WHEREAS, in July 2023, the County Mayor�s administration established new procedures to move our County towards a Purpose-Driven Procurement (PDP) process; and
WHEREAS, PDP aims to ensure that the values of environmental sustainability and community benefits are included to the maximum extent allowed by law; and
WHEREAS, eliminating single-use plastics from County operations would align with PDP; and
WHEREAS, many County vendors and entities that do business with the County, such as Virgin Voyages, have already taken steps to reduce or eliminate single-use plastics in their operations; and
WHEREAS, the Biscayne Bay Task Force issued the report Unified Approach to Recovery for a Healthy and Resilient Biscayne Bay in 2020, which recommended the implementation of policies to reduce the amount of locally generated plastic marine debris and the development of environmental sustainability and �plastic free� best practices; and
WHEREAS, it is imperative to continue creating programs and initiatives that will contribute to the health and wellbeing of all County residents and the environment; and
WHEREAS, it is in the interest of the public health and safety of all Miami-Dade County residents to take action to reduce the use of plastics and polystyrene, therefore reducing litter and pollutants on the lands and in the waters of the County; and
WHEREAS, to further this goal, the County aims to decrease the use of single-use plastics by adding contractual provisions in future County contracts with concessionaries on County property and precluding their distribution at County-run concessions,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the County Mayor or County Mayor�s designee >>to the greatest extent possible<<1 to include a provision in all [[future]] >>new<< contracts with concessionaires doing business on County property entered into after the effective date of this resolution to preclude the concessionaire from distributing single-use plastics and polystyrene items to consumers in such form of, included but not limited to, [[wrappers,]] straws, containers, utensils, [[water]] >>beverage<< bottles, [[coffee lids and]] stirrers, and bags.
Section 2. Directs the County Mayor or County Mayor�s designee to, the greatest extent possible, eliminate the distribution of single-use plastics and polystyrene to consumers at County-run concessionaires in such forms including, but not limited to, straws, containers, utensils, [[water]] >>beverage<< bottles, [[coffee lids and]] stirrers, and bags within a year of the effective date of this resolution, >>with the exception of prepackaged foods such as ready-to-eat meals and snack packs<<.
Section 3. Directs the County Mayor or County Mayor�s designee to negotiate the inclusion of this provision in solicitations advertised prior to the effective date of this resolution when appropriate.
Section 4. Directs the County Mayor or County Mayor�s designee to negotiate with vendors at the renewal of their contract to include a provision to voluntarily eliminate the use of single-use plastics and polystyrene items in their operations.
Section 5. Directs the County Mayor or County Mayor�s designee to include in their memorandum for items subject to Board approval, an explanation when the plastic-free provision could not be negotiated as part of a contract and to specify the reasons for this.

1 Committee amendments are indicated as follows: Words stricken through and/or [[double bracketed]] are deleted, words underscored and/or >>double arrowed<< are added.





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