HomeMy WebLinkAboutResolution 5470 Supporting Legislation Restoring Local Governments the Power to Ban Single Use PlasticsVersion April 2020
Resolution 5470
RESOLUTION 5470
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 SINGLE USE PLASTICS, OR IN THE ALTERNATIVE, FOR LEGISLATION
BY THE 2023 MONTANA LEGISLATURE BANNING CERTAIN SINGLE USE
PLASTICS, 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 single use plastics, and
WHEREAS, the 2021 Montana Legislature did not pass any legislation banning single use
plastics, to address the imminent danger posed by single use plastics, to a clean and healthful
environment, and
WHEREAS, by revoking the power of local governments to ban 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
DocuSign Envelope ID: EFDCFF3A-E442-4182-9D2D-113CDAA3A833
Version April 2020
Resolution 5470
WHEREAS, the State of Montana, acting through the 2023 Legislature, must enact
legislation banning certain 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 certain single use plastics, 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 single use plastics, and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
1. The Bozeman City Commission declares its support for the banning of certain 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
certain 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 certain single
use plastics, so that local governments can fulfill their constitutional duty to maintain and
improve a clean and healthful environment by banning certain single use plastics, and
4. The Bozeman City Commission declares its intention to favorably consider the adoption
of an ordinance regulating certain single use plastics in coordination with local businesses
if House Bill 407 is repealed.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
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20 22December
Version April 2020
Resolution 5470
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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