HB 1137

1	A bill to be entitled
2	An act relating to waste management; creating s. 403.7047,
3	F.S.; providing for regulation of recovered construction
4	and demolition materials; providing for annual
5	certification by the Department of Environmental
6	Protection of an owner or operator of a materials recovery
7	facility; providing criteria for certification; providing
8	for rules; providing for fees; prohibiting local
9	governments from enacting ordinances or entering into
10	contracts that prevent certain materials from being
11	delivered to a certified materials recovery facility;
12	providing an exception; authorizing local governments to
13	require source separation under certain circumstances;
14	authorizing local governments to establish a registration
15	and reporting process relating to the handling of
16	construction and demolition materials; providing
17	conditions for franchise agreements and fees; providing a
18	definition; requiring compliance with the provisions of s.
19	403.7047, F.S., by a date certain; providing an effective
20	date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 403.7047, Florida Statutes, is created
25	to read:
26	403.7047  Regulation of recovered construction and
27	demolition materials.--
28	(1)  Any owner or operator of a materials recovery
29	facility that accepts construction and demolition debris for
30	processing may annually apply for certification with the
31	department pursuant to this section. The department shall certify
32	such a facility if the applicant demonstrates that the facility
33	meets all applicable permitting requirements, that it weighs all
34	incoming waste using scales that conform to the requirements of
35	chapter 531 and any rules adopted under that chapter, and that at
36	least an appropriate percentage of the construction and
37	demolition materials accepted at the facility has been or will be
38	sold, used, or reused within 1 year. The department may adopt
39	rules to implement this subsection, which may include
40	registration fees and reporting requirements necessary to
41	demonstrate compliance, but shall not delay processing of
42	applications for certification pending the adoption of these
43	rules. Until such rules are adopted, "appropriate percentage"
44	means 50 percent; however, the department may by rule establish a
45	different percentage or may establish different percentages based
46	upon the types of waste accepted at a facility.
47	(2)  A local government may not enact any ordinance or
48	enter into any contract that prevents the holder of a building
49	permit or a demolition permit from entering into a contract to
50	have construction and demolition debris collected, transported,
51	processed, or received if the materials are or will be delivered
52	to a materials recovery facility that is certified under this
53	section.
54	(3)  Except as may be authorized by subsection (6), a local
55	government may not enact any ordinance that prevents a materials
56	recovery facility that is certified under this section from
57	accepting construction and demolition debris from the holder of
58	a building permit or a demolition permit, or from a transporter
59	collecting the material from the holder of a building permit or
60	a demolition permit.
61	(4)  A local government may require that various types of
62	recovered construction and demolition materials be separated
63	from each other at the permitted building or demolition site
64	only after it has determined that source separation at the
65	permitted building or demolition site is cost-effective when
66	compared to other collection and recycling methods.
67	(5)  A local government may establish a registration
68	process whereby persons handling construction and demolition
69	materials must register with the local government before
70	engaging in business within the jurisdiction of the local
71	government. The local government may establish a reporting
72	process consistent with that established by the department
73	pursuant to this section or s. 403.707. The local government may
74	charge a registration fee commensurate with and no greater than
75	the cost incurred by the local government in operating its
76	registration program. The local government may enter into a
77	nonexclusive franchise for the collection, transportation, and
78	processing of construction and demolition materials. A local
79	government may not require any person to enter into a franchise
80	agreement in order to purchase, collect, transport, process, or
81	receive construction and demolition materials if such materials
82	are or will be delivered to a materials recovery facility
83	certified under this section. The local government may impose a
84	franchise fee for the collection of construction and demolition
85	materials, provided that the fee is expressed as a rate and
86	provided that such rate is no greater than that imposed by the
87	local government on other solid waste collected within the local
88	government's jurisdiction. For the purpose of this section,
89	"rate" means a percentage of revenue derived from the collection
90	of such materials.
91	(6)  Nothing in this section prohibits a local government
92	from enacting ordinances designed to protect the public's
93	general health, safety, and welfare.
94	(7)  A local government may not adopt any ordinance
95	relating to construction and demolition materials collection,
96	processing, or recovery that does not comply with this section.
97	Any ordinance in effect on the effective date of this act that
98	does not comply with this section must be amended to comply with
99	this section within 90 days after the effective date of this
100	act. Any contract in effect on the effective date of this act
101	that does not comply with this section must be amended to comply
102	with this section upon renewal.
103	Section 2.  This act shall take effect upon becoming a law.

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