Senate Bill 2046

    Florida Senate - 2000                                  SB 2046

    By Senator Diaz de la Portilla





    33-1357-00

  1                      A bill to be entitled

  2         An act relating to resource recovery; amending

  3         s. 403.703, F.S.; defining the term "recovered

  4         construction and demolition materials";

  5         creating s. 403.7047, F.S.; providing for the

  6         regulation of recovered construction and

  7         demolition materials; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsection (7) of section 403.703, Florida

13  Statutes, is amended to read:

14         403.703  Definitions.--As used in this act, unless the

15  context clearly indicates otherwise, the term:

16         (7)(a)  "Recovered materials" means metal, paper,

17  glass, plastic, textile, or rubber materials that have known

18  recycling potential, can be feasibly recycled, and have been

19  diverted and source separated or have been removed from the

20  solid waste stream for sale, use, or reuse as raw materials,

21  whether or not the materials require subsequent processing or

22  separation from each other, but does not include materials

23  destined for any use that constitutes disposal.  Recovered

24  materials as described above are not solid waste.

25         (b)  "Recovered construction and demolition materials"

26  means materials generated from activity conducted under a

27  building or demolition permit which are capable of being

28  feasibly recycled or beneficially reused. The term includes

29  plastics, paper, glass, cardboard, textiles, metals, rubber,

30  clean untreated wood, masonry products, paving materials,

31  bricks, rocks, and concrete. The term does not require that

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2046
    33-1357-00




  1  various types of materials be separated from each other and

  2  recognizes that solid waste may be included in the term. The

  3  Department of Environmental Protection may adopt by rule

  4  additional material types that may be feasibly recycled or

  5  beneficially reused when new markets or technologies are

  6  developed. Materials that would otherwise meet the definition

  7  of recovered materials as defined in paragraph (a) and are

  8  handled by a certified recovered materials dealer are excluded

  9  from this term.

10         Section 2.  Section 403.7047, Florida Statutes, is

11  created to read:

12         403.7047  Regulation of recovered construction and

13  demolition materials.--

14         (1)  A local government may not enact any ordinance or

15  enter into any contract that prevents the holder of a building

16  or demolition permit from entering into a contract to have

17  recovered construction and demolition materials collected,

18  transported, processed, or received if the materials are

19  delivered to a permitted Material Recovery Facility that

20  accepts these materials.

21         (2)  A local government may not require that various

22  types of recovered construction and demolition materials be

23  separated from each other at the permitted building or

24  demolition site.

25         (3)  In order to be classified as recovered

26  construction and demolition materials, the material must be

27  delivered to a Department of Environmental Protection

28  permitted Material Recovery Facility that is permitted to

29  accept these materials and where the recovery construction and

30  demolition materials will be recovered in accordance with the

31  terms and conditions of the permit and where the majority of

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2046
    33-1357-00




  1  the recovered construction and demolition materials at the

  2  facility is demonstrated to be sold, used, or reused within 1

  3  year.

  4         (4)  Any local government ordinance relating to

  5  recovered construction and demolition materials collection,

  6  processing, or recovery must comply with this section. Any

  7  local government currently permitting and licensing the

  8  exclusive collection, processing, or recycling of recovered

  9  construction and demolition materials will have 90 days from

10  the effective date of this section to comply with this

11  section.

12         Section 3.  This act shall take effect upon becoming a

13  law.

14

15            *****************************************

16                          SENATE SUMMARY

17    Defines and provides for the regulation of recovered
      construction and demolition materials.
18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3