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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 DocuSign Envelope ID: EFDCFF3A-E442-4182-9D2D-113CDAA3A833 20 22December Version April 2020 Resolution 5470 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: EFDCFF3A-E442-4182-9D2D-113CDAA3A833