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HomeMy WebLinkAbout12-06-22 Public Comment - I. Cheek - Plastics Ban ResolutionFrom:Isaac Cheek To:Agenda Subject:Public Comment for 12/6 City Commission Meeting Date:Tuesday, December 6, 2022 11:10:24 AM Attachments:Bozeman Plastics Resolution.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Bozeman City Commissioners, My name is Isaac Cheek, and I live at 610 Dell Place in Bozeman, MT. My comment pertains to the Bozeman Plastics Resolution that was presented to you by JohnMeyer at the last Commission Meeting. I want to explain the logic behind this resolution and urge you to add this to the next Commission Agenda. The Bozeman Plastics Resolution (see attached) is a product of collaboration betweenCottonwood Environmental Law Center, the Gallatin Valley Beyond Plastics group, the national Beyond Plastics Chapter, among other interested parties. It is a response to HB 407,which was passed by the Legislature during the last session. HB 407 took the power to regulate single use plastics away from local governments, essentially creating a "ban on bans."By taking the power to address plastics away from localities, the State infringed upon local government's right and responsibility to ensure a clean and healthy environment for itsresidents. The Bozeman Plastics Resolution seeks to do two things: 1.) Encourage the legislature to take action and ban certain single use plastics at a statewide level, and if the state does not do this, 2.) Restore power to local governments to regulate plastics. As the legislative session quickly approaches, it is crucial for the City of Bozeman to provide input to the legislature on solutions to the plastic issue. The Bozeman Plastics Resolution is asimple, non-binding nudge to the legislature, but it provides important local input to the state as they begin to examine the plastics issue this session. Given the session's impending startdate, it is important that this resolution is promptly added to a City Commission agenda. Note: the attached resolution is slightly different than the one handed to you at the previous Commission meeting. This version of the resolution does not include Exhibit A, which is asample plastic ban ordinance. While that sample ordinance still serves as a good example, we did not want to induce any confusion as to what the resolution entails. Exhibit A has now beenremoved for the sake of simplicity, and instead replaced with this language: "4. The Bozeman City Commission declares its intention to favorably consider the adoption of an ordinance regulating single use plastics in coordination with local businesses if House Bill 407 is repealed." Please reach out with any questions/concerns/suggestions regarding this resolution. Kind regards, Isaac Cheek Conservation Associate Cottonwood Environmental Law Center (847) 977-8392 COMMISSION RESOLUTION NO. ______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ITS SUPPORT FOR LEGISLATION BY THE 2023 MONTANA LEGISLATURE RESTORING TO LOCAL GOVERNMENTS THE POWER TO BAN DISPOSABLE CONTAINERS, INCLUDING SINGLE USE PLASTICS, OR IN THE ALTERNATIVE, FOR LEGISLATION BY THE 2023 MONTANA LEGISLATURE BANNING DISPOSBALE CONTAINERS, INCLUDING BUT NOT LIMITED TO SINGLE USE PLASTIC BAGS, STRAWS, STIRRERS, AND POLYSTYRENE CONTAINERS. WHEREAS, the Bozeman City Commission recognizes the constitutional right of all Montanans, including the citizens of Bozeman, Montana, to a clean and healthful environment, and WHEREAS, the Bozeman City Commission acknowledges that it, the State of Montana, and all persons, have a duty to maintain and improve a clean and healthful environment for present and future generations, and WHEREAS, the Bozeman City Commission has concluded that single use plastics pose an imminent danger to its citizens’ constitutional right to a clean and healthful environment, and WHEREAS, the 2021 Montana Legislature passed, and the Governor signed, House Bill 407 revoking the power of local governments to perform their constitutional duty to maintain and improve a clean and healthful environment by banning certain disposable containers, including single use plastics, and WHEREAS, the 2021 Montana Legislature did not pass any legislation banning disposable containers, including single use plastics, to address the imminent danger posed by disposable containers, including single use plastics, to a clean and healthful environment, and WHEREAS, by revoking the power of local governments to ban disposable containers, including single use plastics, the State of Montana, acting through the 2021 Montana Legislature, has prevented local governments, including the Bozeman City Commission, from performing their constitutional duty to maintain and improve a clean and healthful environment, and WHEREAS, the State of Montana, acting through the 2023 Legislature, must enact legislation banning disposable containers, including single use plastics, to fulfill its constitutional duty to maintain and improve a clean and healthful environment, and WHEREAS, if the State of Montana, acting through the 2023 Legislature, fails to enact legislation banning disposable containers, it must repeal House Bill 407 and allow local governments to fulfill their constitutional duty to maintain and improve a clean and healthful environment by passing ordinances which ban certain disposable containers, including single use plastics, and NOW THEREFORE BE IT RESOLVED by Bozeman City Commission: 1. The Bozeman City Commission declares its support for the banning of disposable containers, including single use plastics, and 2. The Bozeman City Commission urges the State of Montana, acting through the 2023 Montana Legislature, to fulfill its constitutional duty to maintain and improve a clean and healthful environment for present and future generations by enacting legislation that bans disposable containers, including single use plastics, and 3. The Bozeman City Commission urges the State of Montana, acting through the 2023 Legislature, to repeal House Bill 407 if it fails to enact legislation banning disposable containers, including single use plastics, so that local governments can fulfill their constitutional duty to maintain and improve a clean and healthful environment by banning certain disposable containers, including single use plastics, and 4. The Bozeman City Commission declares its intention to favorably consider the adoption of an ordinance regulating single use plastics in coordination with local businesses if House Bill 407 is repealed. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session held on the __ day of __, 2022.