House Bill 1425er
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1
2 An act relating to governmental operations;
3 providing requirements for local governments
4 providing solid waste collection services in
5 competition with private companies; providing
6 remedies for such private companies; providing
7 procedures and requirements; providing for
8 award of damages, costs, and attorney fees;
9 providing application; providing limitations
10 for local government solid waste collection
11 services outside the jurisdiction of the local
12 government; providing remedies for certain
13 injured parties; providing requirements and
14 procedures; prohibiting local governments from
15 displacing private waste collection companies
16 under certain circumstances; providing
17 requirements; providing procedures and
18 requirements for such displacement; providing
19 definitions; amending s. 171.062, F.S.;
20 providing for continuation of certain solid
21 waste services in certain annexed areas;
22 providing an exception; amending s. 165.061,
23 F.S.; providing for certain merger plans to
24 honor certain solid waste contracts; providing
25 limitations; amending s. 403.087, F.S.;
26 clarifying application of certain permit fees;
27 amending s. 403.7046, F.S.; providing a
28 limitation relating to the local government
29 registration fee for recovered materials
30 dealers; revising local government authority
31 with respect to certain contracts between
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1 recovered materials dealers and local
2 commercial establishments that generate
3 source-separated materials; amending s.
4 403.706, F.S.; authorizing counties and
5 municipalities to grant certain solid waste fee
6 waivers under certain circumstances; amending
7 s. 403.722, F.S.; clarifying requirements for
8 obtaining certain hazardous waste facility
9 permits; creating s. 171.093, F.S.; providing
10 for the assumption of an independent special
11 district's service responsibilities in an area
12 that is within the district's boundaries and
13 that is annexed by a municipality; providing
14 that the municipality may elect to assume such
15 responsibilities; providing for an interlocal
16 agreement regarding the transfer of such
17 responsibilities; providing for the provision
18 of services and payment therefor during a
19 specified period if the municipality and
20 district are unable to enter into an interlocal
21 agreement; specifying effect of a
22 municipality's election not to assume such
23 responsibilities; providing for contraction of
24 the district's boundaries if the municipality
25 elects to assume such responsibilities;
26 providing for levy of ad valorem taxes and
27 assessments, user charges, and impact fees;
28 providing exceptions; amending 190.004, F.S.,
29 to modify the preemption relating to Community
30 Development Districts; repealing s.
31 403.7165(5), F.S., relating to the Applications
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1 Demonstration Center for Resource Recovery from
2 Solid Organic Materials; repealing s. 403.7199,
3 F.S., relating to the Florida Packaging
4 Council; creating s. 403.08725, F.S.; providing
5 requirements for citrus juice processing
6 facilities with respect to obtaining air
7 pollution, construction, and operations
8 permits; providing definitions; providing
9 emissions limits for such facilities; requiring
10 certification of information submitted by
11 citrus juice processing facilities to the
12 Department of Environmental Protection;
13 providing requirements with respect to
14 determination and reporting of facility
15 emissions; requiring the submission of annual
16 operating reports; requiring maintenance of
17 records; providing an affirmative defense to
18 certain enforcement actions; adopting and
19 incorporating specified federal regulations by
20 reference; providing requirements,
21 specifications, and restrictions with respect
22 to air emissions trading; providing for annual
23 emissions fees; providing penalty for failure
24 to pay fees; providing for deposit of fees in
25 the Air Pollution Control Trust Fund; providing
26 requirements with respect to construction of
27 new facilities or modification of existing
28 facilities; providing for the adoption of rules
29 by the department; requiring the department to
30 provide a report to the Legislature; providing
31 for submission of the act to the United States
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1 Environmental Protection Agency; providing for
2 applicability of the act and compliance
3 requirements for facilities in the event of
4 federal nonapproval; amending s. 120.80, F.S.;
5 providing an exception to specified rulemaking
6 by the Department of Environmental Protection;
7 directing the department to explore
8 alternatives to traditional methods of
9 regulatory permitting and to consider specific
10 limited pilot projects to test new compliance
11 measures; providing reporting requirements;
12 amending s. 403.0872, F.S.; requiring the
13 Department of Environmental Protection to issue
14 a separate acid rain permit for specified major
15 sources of air pollution upon request of the
16 applicant; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. (1) SOLID WASTE COLLECTION SERVICES IN
21 COMPETITION WITH PRIVATE COMPANIES.--
22 (a) A local government that provides specific solid
23 waste collection services in direct competition with a private
24 company:
25 1. Shall comply with the provisions of local
26 environmental, health, and safety standards that also are
27 applicable to a private company providing such collection
28 services in competition with the local government.
29 2. Shall not enact or enforce any license, permit,
30 registration procedure, or associated fee that:
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1 a. Does not apply to the local government and for
2 which there is not a substantially similar requirement that
3 applies to the local government; and
4 b. Provides the local government with a material
5 advantage in its ability to compete with a private company in
6 terms of cost or ability to promptly or efficiently provide
7 such collection services. Nothing in this sub-subparagraph
8 shall apply to any zoning, land use, or comprehensive plan
9 requirement.
10 (b)1. A private company with which a local government
11 is in competition may bring an action to enjoin a violation of
12 paragraph (a) against any local government. No injunctive
13 relief shall be granted if the official action which forms the
14 basis for the suit bears a reasonable relationship to the
15 health, safety, or welfare of the citizens of the local
16 government unless the court finds that the actual or potential
17 anticompetitive effects outweigh the public benefits of the
18 challenged action.
19 2. As a condition precedent to the institution of an
20 action pursuant to this paragraph, the complaining party shall
21 first file with the local government a notice referencing this
22 paragraph and setting forth the specific facts upon which the
23 complaint is based and the manner in which the complaining
24 party is affected. The complaining party may provide evidence
25 to substantiate the claims made in the complaint. Within 30
26 days after receipt of such a complaint, the local government
27 shall respond in writing to the complaining party explaining
28 the corrective action taken, if any. If no response is
29 received within 30 days or if appropriate corrective action is
30 not taken within a reasonable time, the complaining party may
31 institute the judicial proceedings authorized in this
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1 paragraph. However, failure to comply with this subparagraph
2 shall not bar an action for a temporary restraining order to
3 prevent immediate and irreparable harm from the conduct or
4 activity complained of.
5 3. The court may, in its discretion, award to the
6 prevailing party or parties costs and reasonable attorneys'
7 fees.
8 (c) This subsection does not apply when the local
9 government is exclusively providing the specific solid waste
10 collection services itself or pursuant to an exclusive
11 franchise.
12 (2) SOLID WASTE COLLECTION SERVICES OUTSIDE
13 JURISDICTION.--
14 (a) Notwithstanding s. 542.235, Florida Statutes, or
15 any other provision of law, a local government that provides
16 solid waste collection services outside its jurisdiction in
17 direct competition with private companies is subject to the
18 same prohibitions against predatory pricing applicable to
19 private companies under ss. 542.18 and 542.19.
20 (b) Any person injured by reason of violation of this
21 subsection may sue therefor in the circuit courts of this
22 state and shall be entitled to injunctive relief and to
23 recover the damages and the costs of suit. The court may, in
24 its discretion, award to the prevailing party or parties
25 reasonable attorneys' fees. An action for damages under this
26 subsection must be commenced within 4 years. No person may
27 obtain injunctive relief or recover damages under this
28 subsection for any injury that results from actions taken by a
29 local government in direct response to a natural disaster or
30 similar occurrence for which an emergency is declared by
31 executive order or proclamation of the Governor pursuant to s.
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1 252.36, Florida Statutes, or for which such a declaration
2 might be reasonably anticipated within the area covered by
3 such executive order or proclamation.
4 (c) As a condition precedent to the institution of an
5 action pursuant to this subsection, the complaining party
6 shall first file with the local government a notice
7 referencing this subsection and setting forth the specific
8 facts upon which the complaint is based and the manner in
9 which the complaining party is affected. Within 30 days after
10 receipt of such complaint, the local government shall respond
11 in writing to the complaining party explaining the corrective
12 action taken, if any. If the local government denies that it
13 has engaged in conduct that is prohibited by this subsection,
14 its response shall include an explanation showing why the
15 conduct complained of does not constitute predatory pricing.
16 (d) For the purposes of this subsection, the
17 jurisdiction of a county, special district, or solid waste
18 authority shall include all incorporated and unincorporated
19 areas within the county, special district, or solid waste
20 authority.
21 (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.--
22 (a) As used in this subsection, the term
23 "displacement" means a local government's provision of a
24 collection service which prohibits a private company from
25 continuing to provide the same service that it was providing
26 when the decision to displace was made. The term does not
27 include:
28 1. Competition between the public sector and private
29 companies for individual contracts;
30 2. Actions by which a local government, at the end of
31 a contract with a private company, refuses to renew the
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1 contract and either awards the contract to another private
2 company or decides for any reason to provide the collection
3 service itself;
4 3. Actions taken against a private company because the
5 company has acted in a manner threatening to the public health
6 or safety or resulting in a substantial public nuisance;
7 4. Actions taken against a private company because the
8 company has materially breached its contract with the local
9 government;
10 5. Refusal by a private company to continue operations
11 under the terms and conditions of its existing agreement
12 during the 3-year notice period;
13 6. Entering into a contract with a private company to
14 provide garbage, trash, or refuse collection which contract is
15 not entered into under an ordinance that displaces or
16 authorizes the displacement of another private company
17 providing garbage, trash, or refuse collection;
18 7. Situations in which a majority of the property
19 owners in the displacement area petition the governing body to
20 take over the collection service;
21 8. Situations in which the private companies are
22 licensed or permitted to do business within the local
23 government for a limited time and such license or permit
24 expires and is not renewed by the local government. This
25 subparagraph does not apply to licensing or permitting
26 processes enacted after May 1, 1999, or to occupational
27 licenses; or
28 9. Annexations, to the extent that the provisions of
29 s. 171.062(4), Florida Statutes, apply.
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1 (b) A local government or combination of local
2 governments may not displace a private company that provides
3 garbage, trash, or refuse collection service without first:
4 1. Holding at least one public hearing seeking comment
5 on the advisability of the local government or combination of
6 local governments providing the service.
7 2. Providing at least 45 days' written notice of the
8 hearing, delivered by first-class mail to all private
9 companies that provide the service within the jurisdiction.
10 3. Providing public notice of the hearing.
11 (c) Following the final public hearing held under
12 paragraph (b), but not later than 1 year after the hearing,
13 the local government may proceed to take those measures
14 necessary to provide the service. A local government shall
15 provide 3 years' notice to a private company before it engages
16 in the actual provision of the service that displaces the
17 company. As an alternative to delaying displacement 3 years,
18 a local government may pay a displaced company an amount equal
19 to the company's preceding 15 months' gross receipts for the
20 displaced service in the displacement area. The 3-year notice
21 period shall lapse as to any private company being displaced
22 when the company ceases to provide service within the
23 displacement area. Nothing in this paragraph prohibits the
24 local government and the company from voluntarily negotiating
25 a different notice period or amount of compensation.
26 (4) DEFINITIONS.--As used in this section:
27 (a) "In competition" or "in direct competition" means
28 the vying between a local government and a private company to
29 provide substantially similar solid waste collection services
30 to the same customer.
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1 (b) "Private company" means any entity other than a
2 local government or other unit of government that provides
3 solid waste collection services.
4 Section 2. Subsection (5) is added to section 171.062,
5 Florida Statutes, to read:
6 171.062 Effects of annexations or contractions.--
7 (5) A party that has a contract that was in effect for
8 at least 6 months prior to the initiation of an annexation to
9 provide solid waste collection services in an unincorporated
10 area may continue to provide such services to an annexed area
11 for 5 years or the remainder of the contract term, whichever
12 is shorter. Within a reasonable time following a written
13 request to do so, the party shall provide the annexing
14 municipality with a copy of the pertinent portion of the
15 contract or other written evidence showing the duration of the
16 contract, excluding any automatic renewals or so-called
17 "evergreen" provisions. This subsection does not apply to
18 contracts to provide solid waste collection services to
19 single-family residential properties in those enclaves
20 described in s. 171.046.
21 Section 3. Paragraph (d) is added to subsection (2) of
22 section 165.061, Florida Statutes, to read:
23 165.061 Standards for incorporation, merger, and
24 dissolution.--
25 (2) The incorporation of a new municipality through
26 merger of existing municipalities and associated
27 unincorporated areas must meet the following conditions:
28 (d) In accordance with s. 10, Art. I of the State
29 Constitution, the plan for merger or incorporation must honor
30 existing solid waste contracts in the affected geographic area
31 subject to merger or incorporation; however, the plan for
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1 merger or incorporation may provide that existing contracts
2 for solid waste collection services shall be honored only for
3 5 years or the remainder of the contract term, whichever is
4 shorter, and may require that a copy of the pertinent portion
5 of the contract or other written evidence of the duration of
6 the contract, excluding any automatic renewals or so-called
7 "evergreen" provisions, be provided to the municipality within
8 a reasonable time following a written request to do so.
9 Section 4. Paragraph (a) of subsection (6) of section
10 403.087, Florida Statutes, is amended to read:
11 403.087 Permits; general issuance; denial; revocation;
12 prohibition; penalty.--
13 (6)(a) The department shall require a processing fee
14 in an amount sufficient, to the greatest extent possible, to
15 cover the costs of reviewing and acting upon any application
16 for a permit or request for site-specific alternative criteria
17 or for an exemption from water quality criteria and to cover
18 the costs of surveillance and other field services and related
19 support activities associated with any permit or plan approval
20 issued pursuant to this chapter. However, when an application
21 is received without the required fee, the department shall
22 acknowledge receipt of the application and shall immediately
23 return the unprocessed application to the applicant and shall
24 take no further action until the application is received with
25 the appropriate fee. The department shall adopt a schedule of
26 fees by rule, subject to the following limitations:
27 1. The permit fee for any of the following permits may
28 not exceed $32,500:
29 a. Hazardous waste, construction permit.
30 b. Hazardous waste, operation permit.
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1 c. Hazardous waste, postclosure closure permit, or
2 clean closure plan approval.
3 2. The permit fee for a Class I injection well
4 construction permit may not exceed $12,500.
5 3. The permit fee for any of the following permits may
6 not exceed $10,000:
7 a. Solid waste, construction permit.
8 b. Solid waste, operation permit.
9 c. Class I injection well, operation permit.
10 4. The permit fee for any of the following permits may
11 not exceed $7,500:
12 a. Air pollution, construction permit.
13 b. Solid waste, closure permit.
14 c. Drinking water, construction or operation permit.
15 d. Domestic waste residuals, construction or operation
16 permit.
17 e. Industrial waste, operation permit.
18 f. Industrial waste, construction permit.
19 5. The permit fee for any of the following permits may
20 not exceed $5,000:
21 a. Domestic waste, operation permit.
22 b. Domestic waste, construction permit.
23 6. The permit fee for any of the following permits may
24 not exceed $4,000:
25 a. Wetlands resource management--(dredge and fill),
26 standard form permit.
27 b. Hazardous waste, research and development permit.
28 c. Air pollution, operation permit, for sources not
29 subject to s. 403.0872.
30 d. Class III injection well, construction, operation,
31 or abandonment permits.
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1 7. The permit fee for Class V injection wells,
2 construction, operation, and abandonment permits may not
3 exceed $750.
4 8. The permit fee for any of the following permits may
5 not exceed $500:
6 a. Domestic waste, collection system permits.
7 b. Wetlands resource management--(dredge and fill and
8 mangrove alterations), short permit form.
9 c. Drinking water, distribution system permit.
10 9. The permit fee for stormwater operation permits may
11 not exceed $100.
12 10. The general permit fees for permits that require
13 certification by a registered professional engineer or
14 professional geologist may not exceed $500. The general
15 permit fee for other permit types may not exceed $100.
16 11. The fee for a permit issued pursuant to s. 403.816
17 is $5,000, and the fee for any modification of such permit
18 requested by the applicant is $1,000.
19 12. The regulatory program and surveillance fees for
20 facilities permitted pursuant to s. 403.088 or s. 403.0885, or
21 for facilities permitted pursuant to s. 402 of the Clean Water
22 Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
23 department has been granted administrative authority, shall be
24 limited as follows:
25 a. The fees for domestic wastewater facilities shall
26 not exceed $7,500 annually. The department shall establish a
27 sliding scale of fees based on the permitted capacity and
28 shall ensure smaller domestic waste dischargers do not bear an
29 inordinate share of costs of the program.
30 b. The annual fees for industrial waste facilities
31 shall not exceed $11,500. The department shall establish a
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1 sliding scale of fees based upon the volume, concentration, or
2 nature of the industrial waste discharge and shall ensure
3 smaller industrial waste dischargers do not bear an inordinate
4 share of costs of the program.
5 c. The department may establish a fee, not to exceed
6 the amounts in subparagraphs 4. and 5., to cover additional
7 costs of review required for permit modification or
8 construction engineering plans.
9 Section 5. Paragraphs (b) and (d) of subsection (3) of
10 section 403.7046, Florida Statutes, are amended to read:
11 403.7046 Regulation of recovered materials.--
12 (3) Except as otherwise provided in this section or
13 pursuant to a special act in effect on or before January 1,
14 1993, a local government may not require a commercial
15 establishment that generates source-separated recovered
16 materials to sell or otherwise convey its recovered materials
17 to the local government or to a facility designated by the
18 local government, nor may the local government restrict such a
19 generator's right to sell or otherwise convey such recovered
20 materials to any properly certified recovered materials dealer
21 who has satisfied the requirements of this section. A local
22 government may not enact any ordinance that prevents such a
23 dealer from entering into a contract with a commercial
24 establishment to purchase, collect, transport, process, or
25 receive source-separated recovered materials.
26 (b) Prior to engaging in business within the
27 jurisdiction of the local government, a recovered materials
28 dealer must provide the local government with a copy of the
29 certification provided for in this section. In addition, the
30 local government may establish a registration process whereby
31 a recovered materials dealer must register with the local
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1 government prior to engaging in business within the
2 jurisdiction of the local government. Such registration
3 process is limited to requiring the dealer to register its
4 name, including the owner or operator of the dealer, and, if
5 the dealer is a business entity, its general or limited
6 partners, its corporate officers and directors, its permanent
7 place of business, evidence of its certification under this
8 section, and a certification that the recovered materials will
9 be processed at a recovered materials processing facility
10 satisfying the requirements of this section. All counties, and
11 municipalities whose population exceeds 35,000 according to
12 the population estimates determined pursuant to s. 186.901,
13 may establish a reporting process which shall be limited to
14 the regulations, reporting format, and reporting frequency
15 established by the department pursuant to this section, which
16 shall, at a minimum, include requiring the dealer to identify
17 the types and approximate amount of recovered materials
18 collected, recycled, or reused during the reporting period;
19 the approximate percentage of recovered materials reused,
20 stored, or delivered to a recovered materials processing
21 facility or disposed of in a solid waste disposal facility;
22 and the locations where any recovered materials were disposed
23 of as solid waste. Information reported under this subsection
24 which, if disclosed, would reveal a trade secret, as defined
25 in s. 812.081(1)(c), is confidential and exempt from the
26 provisions of s. 24(a), Art. I of the State Constitution and
27 s. 119.07(1). The local government may charge the dealer a
28 registration fee commensurate with and no greater than the
29 cost incurred by the local government in operating its
30 registration program. Registration program costs are limited
31 to those costs associated with the activities described in
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1 this paragraph. Any reporting or registration process
2 established by a local government with regard to recovered
3 materials shall be governed by the provisions of this section
4 and department rules promulgated pursuant thereto.
5 (d) In addition to any other authority provided by
6 law, a local government is hereby expressly authorized to
7 prohibit a person or entity not certified under this section
8 from doing business within the jurisdiction of the local
9 government; to enter into a nonexclusive franchise or to
10 otherwise provide for the collection, transportation, and
11 processing of recovered materials at commercial
12 establishments, provided that a local government may not
13 require a certified recovered materials dealer to enter into
14 such franchise agreement in order to enter into a contract
15 with any commercial establishment located within the local
16 government's jurisdiction such franchise or provision does not
17 prohibit a certified recovered materials dealer from entering
18 into a contract with a commercial establishment to purchase,
19 collect, transport, process, or receive source-separated
20 recovered materials; and to enter into an exclusive franchise
21 or to otherwise provide for the exclusive collection,
22 transportation, and processing of recovered materials at
23 single-family or multifamily residential properties.
24 Section 6. Paragraph (d) is added to subsection (17)
25 of section 403.706, Florida Statutes, to read:
26 403.706 Local government solid waste
27 responsibilities.--
28 (17) To effect the purposes of this part, counties and
29 municipalities are authorized, in addition to other powers
30 granted pursuant to this part:
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1 (d) To grant a solid waste fee waiver to nonprofit
2 organizations that are engaged in the collection of donated
3 goods for charitable purposes and that have a recycling or
4 reuse rate of 50 percent or better.
5 Section 7. Subsection (1) of section 403.722, Florida
6 Statutes, is amended to read:
7 403.722 Permits; hazardous waste disposal, storage,
8 and treatment facilities.--
9 (1) Each person who intends to construct, modify,
10 operate, or close a hazardous waste disposal, storage, or
11 treatment facility shall obtain a construction permit,
12 operation permit, postclosure or closure permit, or clean
13 closure plan approval from the department prior to
14 constructing, modifying, operating, or closing the facility.
15 By rule, the department may provide for the issuance of a
16 single permit instead of any two or more hazardous waste
17 facility permits.
18 Section 8. Section 171.093, Florida Statutes, is
19 created to read:
20 171.093 Municipal annexation within independent
21 special districts.--
22 (1) The purpose of this section is to provide an
23 orderly transition of special district service
24 responsibilities in an annexed area from an independent
25 special district which levies ad valorem taxes to a
26 municipality following the municipality's annexation of
27 property located within the jurisdictional boundaries of an
28 independent special district, if the municipality elects to
29 assume such responsibilities.
30 (2) The municipality may make such an election by
31 adopting a resolution evidencing the election and forwarding
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1 the resolution to the office of the special district and the
2 property appraiser and tax collector of the county in which
3 the annexed property is located. In addition, the municipality
4 may incorporate its election into the annexation ordinance.
5 (3) Upon a municipality's election to assume the
6 district's responsibilities, the municipality and the district
7 may enter into an interlocal agreement addressing the orderly
8 transfer of service responsibilities, real assets, equipment,
9 and personnel to the municipality. The agreement shall address
10 allocation of responsibility for special district services,
11 avoidance of double taxation of property owners for such
12 services in the area of overlapping jurisdiction, prevention
13 of loss of any district revenues which may be detrimental to
14 the continued operations of the independent district,
15 avoidance of impairment of existing district contracts,
16 disposition of property and equipment of the independent
17 district and any assumption of indebtedness for it, the status
18 and employee rights of any adversely affected employees of the
19 independent district, and any other matter reasonably related
20 to the transfer of responsibilities.
21 (4)(a) If the municipality and the district are unable
22 to enter into an interlocal agreement pursuant to subsection
23 (3), the municipality shall so advise the district and the
24 property appraiser and tax collector of the county in which
25 the annexed property is located and, effective October 1 of
26 the calendar year immediately following the calendar year in
27 which the municipality declares its intent to assume service
28 responsibilities in the annexed area, the district shall
29 remain the service provider in the annexed area for a period
30 of 4 years. During the 4-year period, the municipality shall
31 pay the district an amount equal to the ad valorem taxes or
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1 assessments that would have been collected had the property
2 remained in the district.
3 (b) By the end of the 4-year period, or any extension
4 mutually agreed upon by the district the municipality, the
5 municipality and the district shall enter into an agreement
6 that identifies the existing district property located in the
7 municipality or primarily serving the municipality that will
8 be assumed by the municipality, the fair market value of such
9 property, and the manner of transfer of such property and any
10 associated indebtedness. If the municipality and district are
11 unable to agree to an equitable distribution of the district's
12 property and indebtedness, the matter shall proceed to circuit
13 court. In equitably distributing the district's property and
14 associated indebtedness, the taxes and other revenues paid the
15 district by or on behalf of the residents of the annexed area
16 shall be taken into consideration.
17 (c) During the 4-year period, or during any mutually
18 agreed upon extension, district service and capital
19 expenditures within the annexed area shall continue to be
20 rationally related to the annexed area's service needs.
21 Service and capital expenditures within the annexed area shall
22 also continue to be rationally related to the percentage of
23 district revenue received on behalf of the residents of the
24 annexed area when compared to the district's total revenue. A
25 capital expenditure greater than $25,000 shall not be made by
26 the district for use primarily within the annexed area without
27 the express consent of the municipality.
28 (5) If the municipality elects not to assume the
29 district's responsibilities, the district shall remain the
30 service provider in the annexed area, the geographical
31 boundaries of the district shall continue to include the
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1 annexed area, and the district may continue to levy ad valorem
2 taxes and assessments on the real property located within the
3 annexed area. If the municipality elects to assume the
4 district's responsibilities in accordance with subsection (3),
5 the district's boundaries shall contract to exclude the
6 annexed area at the time and in the manner provided in the
7 agreement.
8 (6) If the municipality elects to assume the
9 district's responsibilities and the municipality and the
10 district are unable to enter into an interlocal agreement, and
11 the district continues to remain the service provider in the
12 annexed area in accordance with subsection (4), the
13 geographical boundaries of the district shall contract to
14 exclude the annexed area on the effective date of the
15 beginning of the 4-year period provided for in subsection (4).
16 Nothing in this section precludes the contraction of the
17 boundary of any independent special district by special act of
18 the Legislature. The district shall not levy ad valorem taxes
19 or assessments on the annexed property in the calendar year in
20 which its boundaries contract and subsequent years, but it may
21 continue to collect and use all ad valorem taxes and
22 assessments levied in prior years. Nothing in this section
23 prohibits the district from assessing user charges and impact
24 fees within the annexed area while it remains the service
25 provider.
26 (7) In addition to any other authority provided by
27 law, a municipality is authorized to levy assessments on
28 property located in an annexed area to offset all or a portion
29 of the costs incurred by the municipality in assuming district
30 responsibilities pursuant to this section. Such assessments
31
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1 may be collected pursuant to and in accordance with applicable
2 law.
3 (8) This section does not apply to districts created
4 pursuant to chapter 190 or chapter 373.
5 Section 9. Subsection (2) of section 190.004, Florida
6 Statutes, is amended to read:
7 190.004 Preemption; sole authority.--
8 (2) The adoption of chapter 84-360, Laws of Florida
9 This act does not affect the validity of the establishment of
10 any community development district or other special district
11 existing on June 29, 1984; and existing community development
12 districts will continue to be subject to the provisions of
13 chapter 80-407, Laws of Florida 190, as amended. All actions
14 taken prior to July 1, 2000, by a community development
15 district existing on June 29, 1984, if taken pursuant to the
16 authority contained in chapter 80-407 or this chapter are
17 hereby deemed to have adequate statutory authority. Nothing
18 herein shall affect the validity of any outstanding
19 indebtedness of a community development district established
20 prior to June 29, 1984, and such district is hereby authorized
21 to continue to comply with all terms and requirements of trust
22 indentures or loan agreements relating to such outstanding
23 indebtedness.
24 Section 10. Section 403.08725, Florida Statutes, is
25 created to read:
26 403.08725 Citrus juice processing facilities.--
27 (1) COMPLIANCE REQUIREMENTS; DEFINITIONS.--Effective
28 July 1, 2002, all existing citrus juice processing facilities
29 shall comply with the provisions of this section in lieu of
30 obtaining air pollution construction and operation permits,
31 notwithstanding the permit requirements of ss. 403.087(1) and
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1 403.0872. For purposes of this section, "existing juice
2 processing facility" means any facility that currently has air
3 pollution construction or operation permits issued by the
4 department with a fruit processing capacity of 2 million boxes
5 per year or more. For purposes of this section, "facility"
6 means all emissions units at a plant that processes citrus
7 fruit to produce single-strength or frozen concentrated juice
8 and other products and byproducts identified by Major Group
9 Standard Industrial Classification Codes 2033, 2037, and 2048
10 which are located within a contiguous area and are owned or
11 operated under common control, along with all emissions units
12 located in the contiguous area and under the same common
13 control which directly support the operation of the citrus
14 juice processing function. For purposes of this section,
15 facilities that do not operate a citrus peel dryer are not
16 subject to the requirements of paragraph (2)(c). For purposes
17 of this section, "department" means the Department of
18 Environmental Protection. Notwithstanding any other provision
19 of law to the contrary, for purposes of the permitted emission
20 limits of this section, "new sources" means emissions units
21 constructed or added to a facility on or after July 1, 2000,
22 and "existing sources" means emissions units constructed or
23 modified before July 1, 2000.
24 (2) PERMITTED EMISSIONS LIMITS.--All facilities
25 authorized to construct and operate under this section shall
26 operate within the most stringent of the emissions limits set
27 forth in paragraphs (a)-(g) for each new and existing source:
28 (a) Any applicable standard promulgated by the United
29 States Environmental Protection Agency.
30 (b) Each facility shall comply with the emissions
31 limitations of its Title V permit, and any properly issued and
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1 certified valid preconstruction permits, until October 31,
2 2002, at which time the requirements of this section shall
3 supersede the requirements of the permits. Nothing in this
4 paragraph shall preclude the department's authority to
5 evaluate past compliance with all department rules.
6 (c) After October 31, 2002, for volatile organic
7 compounds, the level of emissions achievable by a 50-percent
8 recovery of oil from citrus fruits processed as determined by
9 the methodology described in subparagraph (4)(a)1. One year
10 after EPA approval pursuant to subsection (9), for volatile
11 organic compounds, the level of emissions achievable by a 65
12 percent recovery of oil from citrus fruits processed as
13 determined by the methodology described in subparagraph
14 (4)(a)1.
15 (d) After October 31, 2002, except as otherwise
16 provided herein, no facility shall fire fuel oil containing
17 greater than 0.5 percent sulfur by weight. Those facilities
18 without access to natural gas shall be limited to fuel oil
19 containing no greater than 1 percent sulfur by weight. In
20 addition, facilities may use fuel oil with no greater than 1.5
21 percent sulfur by weight for up to 400 hours per calendar
22 year. The use of natural gas is not limited by this paragraph.
23 The use of d-limonene as a fuel is not limited by this
24 paragraph.
25 (e) After October 31, 2002, for particulate matter of
26 10 microns or less, the emissions levels, expressed in pounds
27 per million British thermal units of heat input, unless
28 otherwise specified, are established for the following types
29 of new and existing sources:
30 1. Citrus peel dryer, regardless of production
31 capacity: 15 pounds per hour.
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1 2. Pellet cooler or cooling reel, regardless of
2 production capacity: 5 pounds per hour.
3 3. Process steam boiler:
4 a. Sources fired with natural gas, propane, ethanol,
5 biogas, or d-limonene: not limited.
6 b. New sources fired with fuel oil: 0.10 pounds per
7 million British thermal units.
8
9 No process steam boiler shall fire any fuel other than natural
10 gas, propane, ethanol, biogas, d-limonene, or fuel oil. No
11 process steam boiler shall fire used oil.
12 4. Combustion turbine:
13 a. Existing sources regardless of fuel: not limited.
14 b. New sources fired with natural gas, propane, or
15 biogas: not limited.
16 c. New sources fired with fuel oil: 0.10 pounds per
17 million British thermal units.
18
19 No combustion turbine shall fire any fuel other than natural
20 gas, propane, biogas, or fuel oil. No combustion turbine
21 shall fire used oil.
22 5. Duct burner:
23 a. New and existing sources fired with natural gas,
24 propane, or biogas: not limited.
25 b. New and existing sources fired with fuel oil: 0.10
26 pounds per million British thermal units.
27
28 No duct burner shall fire any fuel other than natural gas,
29 propane, biogas, or fuel oil. No duct burner shall fire used
30 oil.
31
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1 6. Glass plant furnace: existing sources with a
2 maximum non-cullet material process input rate of 18 tons per
3 hour; hourly emissions limited as determined by the following
4 equation: Emission limit (pounds per hour) = 3.59 x (process
5 rate, tons per hour raised to the 0.62 power). No glass plant
6 furnace shall fire any fuel other than natural gas, propane,
7 biogas, d-limonene, or fuel oil. No glass plant furnace shall
8 fire used oil.
9 7. Biogas flare for anaerobic reactor: not limited.
10 8. Emergency generator: not limited.
11 9. Volatile organic compounds emission control
12 incinerator: not limited.
13 (f) After October 31, 2002, for nitrogen oxides, the
14 emissions levels, expressed in pounds of nitrogen dioxide per
15 million British thermal units of heat produced, unless
16 otherwise specified, are established for the following types
17 of new and existing sources:
18 1. Citrus peel dryer:
19 a. Sources that fire natural gas, propane, ethanol,
20 biogas, or d-limonene: not limited.
21 b. Sources that fire fuel oil: 0.34 pounds per
22 million British thermal units.
23 2. Process steam boiler:
24 a. New sources with a heat input capacity of 67
25 million British thermal units per hour or less and existing
26 sources regardless of heat input capacity: not limited.
27 b. New sources with a heat input capacity of more than
28 67 million British thermal units per hour: 0.10 pounds per
29 million British thermal units.
30 3. Combustion turbine:
31 a. Existing sources regardless of fuel:
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1 (I) Existing combustion turbine of approximately 425
2 million British thermal units per hour heat input capacity:
3 42 parts per million volume dry at 15 percent oxygen.
4 (II) Existing combustion turbines of approximately 50
5 million British thermal units per hour heat input capacity
6 each, constructed prior to July 1999: 168 parts per million
7 volume dry at 15 percent oxygen.
8 (III) Existing combustion turbine of approximately 50
9 million British thermal units per hour heat input capacity,
10 constructed after July 1999: 50 parts per million volume dry
11 at 15 percent oxygen.
12 b. New sources with less than 50 megawatts of
13 mechanically generated electrical capacity, regardless of
14 fuel: 25 parts per million volume dry at 15 percent oxygen.
15 c. New sources with greater than or equal to 50
16 megawatts of mechanically generated electrical capacity,
17 regardless of fuel: 3.5 parts per million volume dry at 15
18 percent oxygen.
19 4. Duct burner:
20 a. Existing sources fired with natural gas, propane,
21 or biogas: not limited.
22 b. Sources fired with fuel oil: 0.20 pounds per
23 million British thermal units.
24 5. Glass plant furnace:
25 a. Existing sources regardless of production capacity:
26 not limited.
27 b. New sources firing gaseous fuels or fuel oil,
28 regardless of production capacity: 5.5 pounds per ton of
29 glass produced.
30 6. Biogas flare for anaerobic reactor: not limited.
31 7. Emergency generator: not limited.
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1 8. Volatile organic compound emission control
2 incinerator: not limited.
3 (g) After October 31, 2002, for visible emissions, the
4 levels of visible emissions at all times during operation,
5 expressed as a percent of opacity, are established for the
6 following types of emission sources:
7 1. Citrus peel dryer: 20 percent.
8 2. Pellet cooler or cooling reel: 5 percent.
9 3. Process steam boiler: 20 percent.
10 4. Combustion turbine: 10 percent.
11 5. Duct burner: limited to the visible emissions
12 limit of the associated combustion turbine.
13 6. Glass plant furnace: 20 percent.
14 7. Biogas flare for anaerobic reactor: 20 percent.
15 8. Emergency generator: 20 percent.
16 9. Lime storage silo: 10 percent.
17 10. Volatile organic compounds emission control
18 incinerator: 5 percent.
19 (3) EMISSIONS DETERMINATION AND REPORTING.--
20 (a) All information submitted to the department by
21 facilities authorized to operate under this section shall be
22 certified as true, accurate, and complete by a responsible
23 official of the facility. For purposes of this section,
24 "responsible official" means that person who would be allowed
25 to certify information and take action under the department's
26 Title V permitting rules.
27 (b) All emissions for which the facility is limited by
28 any standard promulgated by the United States Environmental
29 Protection Agency must be determined and reported by a
30 responsible official of the facility in accordance with the
31
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1 promulgated requirement. Reports required by this section
2 shall be certified and submitted to the department.
3 (c) All emissions units subject to any enhanced
4 monitoring requirement under any regulation promulgated by the
5 United States Environmental Protection Agency must comply with
6 such requirement.
7 (d) All emissions for which the facility is limited by
8 paragraphs (2)(b)-(f) shall be determined on a calendar-year
9 basis and reported to the department by a responsible official
10 of the facility no later than April 1 of the following year.
11 Emissions shall be determined for each emissions unit by means
12 of recordkeeping, test methods, units, averaging periods, or
13 other statistical conventions which yield reliable data; are
14 consistent with the emissions limit being measured; are
15 representative of the unit's actual performance; and are
16 sufficient to show the actual emissions of the unit.
17 (e) Each facility authorized to operate under this
18 section shall submit annual operating reports in accordance
19 with department rules.
20 (f) Each facility shall have a responsible official
21 provide and certify the annual and semiannual statements of
22 compliance required under the department's Title V permitting
23 rules.
24 (g) Each facility shall have a responsible official
25 provide the department with sufficient information to
26 determine compliance with all provisions of this section and
27 all applicable department rules, upon request of the
28 department.
29 (h) Records sufficient to demonstrate compliance with
30 all provisions of this section and all applicable department
31 rules shall be made available and maintained at the facility
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1 for a period of 5 years, for inspection by the department
2 during normal business hours.
3 (i) Emission sources subject to limitations for
4 particulate matter, nitrogen oxides, and visible emissions
5 pursuant to paragraphs (2)(e)-(g) shall test emissions
6 annually, except as provided in subparagraphs 1.-4., in
7 accordance with department rules using United States
8 Environmental Protection Agency test methods or other test
9 methods specified by department rule.
10 1. Tests for particulate matter of 10 microns or less
11 may be conducted using United States Environmental Protection
12 Agency Method 5, provided that all measured particulate matter
13 is assumed to be particulate matter of 10 microns or less.
14 Tests for compliance with the particulate matter emission
15 limit of subparagraph (2)(e)2. for the pellet cooler or
16 cooling reel are waived as long as the facility complies with
17 the visible emissions limitation of subparagraph (2)(g)2. If
18 any visible emissions test for the pellet cooler or cooling
19 reel does not demonstrate compliance with the visible
20 emissions limitation of subparagraph (2)(g)2., the emissions
21 unit shall be tested for compliance with the particulate
22 matter emission limit of subparagraph (2)(e)2. within 30 days
23 after the visible emissions test.
24 2. Tests for visible emissions shall be conducted
25 using United States Environmental Protection Agency Method 9.
26 Annual tests for visible emissions are not required for biogas
27 flares, emergency generators, and volatile organic compounds
28 emission control incinerators.
29 3. Tests for nitrogen oxides shall be conducted using
30 Environmental Protection Agency Method 7E.
31
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1 4. Tests for particulate matter of 10 microns or less
2 for process steam boilers, combustion turbines, and duct
3 burners, and tests for nitrogen oxides for citrus peel dryers,
4 process steam boilers, and duct burners, are not required
5 while firing fuel oil in any calendar year in which these
6 sources did not fire fuel oil for more than 400 hours.
7 (j) Measurement of the sulfur content of fuel oil
8 shall be by latest American Society for Testing and Materials
9 methods suitable for determining sulfur content. Sulfur
10 dioxide emissions shall be determined by material balance
11 using the sulfur content and amount of the fuel or fuels fired
12 in each emission source, assuming that for each pound of
13 sulfur in the fuel fired, two pounds of sulfur dioxide are
14 emitted.
15 (k) A situation arising from sudden and unforeseeable
16 events beyond the control of the source which causes a
17 technology-based emissions limitation to be exceeded because
18 of unavoidable increases in emissions attributable to the
19 situation and which requires immediate corrective action to
20 restore normal operation shall be an affirmative defense to an
21 enforcement action in accordance with the provisions and
22 requirements of 40 CFR 70.6(g)(2) and (3), hereby adopted and
23 incorporated by reference as the law of this state. It shall
24 not be a defense for a permittee in an enforcement action that
25 maintaining compliance with any permit condition would
26 necessitate halting of or reduction of the source activity.
27 (4) EMISSIONS TRADING.--If the facility is limited by
28 the emission limit listed in paragraph (2)(c) for any such
29 limit which the facility exceeded during the calendar year,
30 the facility must obtain, no later than March 1 of the
31 reporting year, sufficient allowances, generated in the same
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1 calendar year in which the limit was exceeded, to meet all
2 limits exceeded. Any facility which fails to meet the limit
3 and fails to secure sufficient allowances that equal or exceed
4 the emissions resulting from such failure to meet the limit
5 shall be subject to enforcement in the same manner and to the
6 same extent as if the facility had violated a permit
7 condition. For purposes of this section, an "allowance" means
8 a credit equal to emissions of 1 ton per year of a pollutant
9 listed in paragraph (2)(c), subject to the particular
10 limitations of paragraphs (a) and (b).
11 (a) Emissions allowances may be obtained from any
12 other facility authorized to operate under this section,
13 provided such allowances are real, excess, and are not
14 resulting from the shutdown of an emissions unit. Emissions
15 allowances must be obtained for each pollutant the emissions
16 limit of which was exceeded in the calendar year. Allowances
17 can be applied on a pollutant-specific basis only. No
18 cross-pollutant trading shall be allowed.
19 1. Real allowances are those created by the difference
20 between the emissions limit imposed by this section and the
21 lower emissions actually measured during the calendar year.
22 Measurement of emissions for allowance purposes shall be
23 determined in the manner described in this subparagraph. For
24 purposes of measuring whether an allowance was created, a
25 single stack test or use of emissions estimates cannot be
26 used. Measurement of recovery of oil from citrus fruits
27 processed shall be by material balance using the measured oil
28 in the incoming fruit, divided into the sum of the oil
29 remaining in juice, the cold press oil recovered, d-limonene
30 recovered, and oil remaining in the dried pellets, expressed
31 as a percentage. Alternatively, the material balance may use
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1 the measured oil in the incoming fruit divided into the oil
2 measured remaining in the pressed peel prior to introduction
3 into the feed mill dryers, in which case the decimal result
4 shall be subtracted from the numeral one, and added to the
5 decimal result of the measured oil in the incoming fruit
6 divided into the oil measured remaining in the dried pellets,
7 with the resulting sum expressed as a percentage. Measurement
8 of recovery of oil shall be made each operational day and
9 averaged over the days of facility operation during each
10 calendar year. Facilities may accept wet peel from offsite
11 sources for drying, provided that the facility receives
12 sufficient recorded information from the offsite source to
13 measure available oil and oil recovery at the offsite source,
14 and accounts for those values in determining compliance with
15 the limitation of paragraph (2)(c) and the number of
16 allowances that are required to be obtained, if any. Wet peel
17 not processed through the peel dryer shall be excluded from
18 the oil recovery calculations. Methodologies for determining
19 oil contents shall be developed by the Institute of Food and
20 Agricultural Sciences and approved by rule of the department.
21 Other methods of measuring oil recovery or determining oil
22 content may be approved by rule of the department, for trading
23 purposes, provided the methods yield results equivalent to the
24 approved methodologies.
25 2. Excess allowances are those not used for any other
26 regulatory purpose.
27 (b) No facility located in an area designated
28 nonattainment for ozone shall be allowed to acquire allowances
29 of volatile organic compounds. Nothing shall preclude such a
30 facility from trading volatile organic compounds allowances
31
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1 that it might generate to facilities not located in a
2 nonattainment area for ozone.
3 (5) EMISSIONS FEES.--All facilities authorized to
4 operate under this section shall pay annual emissions fees in
5 the same amount to which the facility would be subject under
6 the department's Title V program. For purposes of determining
7 fees until October 31, 2002, emission fees shall be based on
8 the requirements of s. 403.0872. Commencing July 1, 2002, the
9 allowable annual emissions for fee purposes shall be computed
10 as the emissions limits established by this section multiplied
11 by the actual operation rates, heat input, and hours of
12 operation of each new and existing source for the previous
13 calendar year. Actual operation rates, heat input, and hours
14 of operation of each new and existing source shall be
15 documented by making and maintaining records of operation of
16 each source. Fees shall not be based on stack test results. In
17 the event that adequate records of actual operation rates and
18 heat input are not maintained, actual operation shall be
19 assumed to occur at the source's maximum capacity during hours
20 of actual operation, if adequately documented. In the event
21 that adequate records of hours of operation are not
22 maintained, the source shall be assumed to have operated from
23 January 1 through May 31 and October 1 through December 31 of
24 the previous calendar year. All such annual emissions fees
25 shall be due and payable April 1 for the preceding calendar
26 year. Failure to pay fees shall result in penalties and
27 interest in the same manner and to the same extent as failure
28 to pay fees under the department's Title V program. For
29 purposes of determining actual emissions for fee purposes, any
30 allowances traded away shall be deducted and any allowances
31
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1 acquired shall be included. All fees shall be deposited into
2 the Air Pollution Control Trust Fund.
3 (6) MODIFICATIONS AND NEW CONSTRUCTION.--Any facility
4 authorized to operate under this section that makes any
5 physical change or any change to the method of operation of
6 the facility shall comply with the requirements of this
7 section at all times, except that any facility located in an
8 area designated as a nonattainment area for any pollutant
9 shall also comply with limits established by department rules
10 for all changes which increase emissions of such pollutant,
11 and except that any facility that becomes subject to the
12 federal acid rain program is no longer authorized to construct
13 or operate under this section and must obtain proper
14 department permits.
15 (7) RULES.--The department shall adopt rules pursuant
16 to ss. 120.54 and 120.536(1) to implement the provisions of
17 this section. Such rules shall, to the maximum extent
18 practicable, assure compliance with substantive federal Clean
19 Air Act requirements.
20 (8) LEGISLATIVE REVIEW.--By March 2004, the
21 department, after consultation with the citrus industry, shall
22 report to the Legislature concerning the implementation of
23 this section, and shall make recommendations for any changes
24 necessary to improve implementation.
25 (9) ENVIRONMENTAL PROTECTION AGENCY APPROVAL.--No
26 later than February 1, 2001, the department shall submit this
27 act to the United States Environmental Protection Agency as a
28 revision of Florida's state implementation plan and as a
29 revision of Florida's approved state Title V program. If the
30 United States Environmental Protection Agency fails to approve
31 this act as a revision of Florida's state implementation plan
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1 within 2 years after submittal, this act shall not apply with
2 respect to construction requirements for facilities subject to
3 regulation under the act, and the facilities subject to
4 regulation thereunder must comply with all construction
5 permitting requirements, including those for prevention of
6 significant deterioration, and must make application for
7 construction permits for any construction or modification at
8 the facility which was not undertaken in compliance with all
9 permitting requirements of the Florida state implementation
10 plan, within 3 months thereafter. If the United States
11 Environmental Protection Agency fails to approve this act as a
12 revision of Florida's approved state Title V program within 2
13 years after submittal, this act shall not apply with respect
14 to operation requirements, and all facilities subject to
15 regulation under the act must immediately comply with all
16 Title V program requirements and must make application for
17 Title V operation permits within 3 months thereafter.
18 Section 11. Subsection (16) is added to section
19 120.80, Florida Statutes, to read:
20 120.80 Exceptions and special requirements;
21 agencies.--
22 (16) DEPARTMENT OF ENVIRONMENTAL
23 PROTECTION.--Notwithstanding the provisions of s.
24 120.54(1)(d), the Department of Environmental Protection, in
25 undertaking rulemaking to establish best available control
26 technology, lowest achievable emissions rate, or case-by-case
27 maximum available control technology for purposes of s.
28 403.08725, shall not adopt the lowest regulatory cost
29 alternative if such adoption would prevent the agency from
30 implementing federal requirements.
31
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1 Section 12. The Department of Environmental Protection
2 is directed to explore alternatives to traditional methods of
3 regulatory permitting, provided that such alternative methods
4 will not allow a material increase in pollution emissions or
5 discharges. Working with industry, business associations,
6 other government agencies, and interested parties, the
7 department is directed to consider specific limited pilot
8 projects to test new compliance measures. These measures
9 should include, but not be limited to, reducing transaction
10 costs for business and government and providing economic
11 incentives for emissions reductions. The department shall
12 report to the Legislature prior to implementation of a pilot
13 project initiated pursuant to this section.
14 Section 13. The introductory paragraph of section
15 403.0872, Florida Statutes, is amended to read:
16 403.0872 Operation permits for major sources of air
17 pollution; annual operation license fee.--Provided that
18 program approval pursuant to 42 U.S.C. s. 7661a has been
19 received from the United States Environmental Protection
20 Agency, beginning January 2, 1995, each major source of air
21 pollution, including electrical power plants certified under
22 s. 403.511, must obtain from the department an operation
23 permit for a major source of air pollution under this section.
24 This operation permit, which is the only department operation
25 permit for a major source of air pollution required for such
26 source; provided, at the applicant's request, the department
27 shall issue a separate Acid Rain permit for a major source of
28 air pollution that is an affected source within the meaning of
29 42 U.S.C. s. 7651a(1). Operation permits for major sources of
30 air pollution, except general permits issued pursuant to s.
31 403.814, must be issued in accordance with the following
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1 procedures contained in this section and in accordance with
2 chapter 120; however, to the extent that chapter 120 is
3 inconsistent with the provisions of this section, the
4 procedures contained in this section prevail.:
5 Section 14. Subsection (5) of section 403.7165 and
6 section 403.7199, Florida Statutes, are repealed.
7 Section 15. This act shall take effect July 1, 2000.
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