| 1 | The State Resources Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to waste-to-energy facilities; amending s. |
| 7 | 403.7061, F.S.; revising a permit or certification |
| 8 | requirement for a waste-to-energy facility; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 403.7061, Florida Statutes, is amended |
| 14 | to read: |
| 15 | 403.7061 Requirements for review of new waste-to-energy |
| 16 | facility capacity by the Department of Environmental |
| 17 | Protection.-- |
| 18 | (1) The Legislature recognizes the need to use an |
| 19 | integrated approach to municipal solid waste management. |
| 20 | Accordingly, the solid waste management legislation adopted in |
| 21 | 1988 was guided by policies intended to foster integrated solid |
| 22 | waste management by using waste reduction, recycling, waste-to- |
| 23 | energy facilities, and landfills. Progress is being made in the |
| 24 | state using this integrated approach to municipal solid waste |
| 25 | management, and this approach should be continued. Waste-to- |
| 26 | energy facilities will continue to be an integral part of the |
| 27 | state's solid waste management practices. However, the state is |
| 28 | committed to achieving its recycling and waste reduction goals |
| 29 | and must ensure that waste-to-energy facilities are fully |
| 30 | integrated with the state's waste management goals. Therefore, |
| 31 | the Legislature finds that the department should evaluate |
| 32 | applications for waste-to-energy facilities in accordance with |
| 33 | the new criteria in subsection (3) to confirm that the |
| 34 | facilities are part of an integrated waste management plan. |
| 35 | (2) Notwithstanding any other provisions of state law, the |
| 36 | department shall not issue a construction permit or |
| 37 | certification to build a waste-to-energy facility or expand an |
| 38 | existing waste-to-energy facility unless the facility meets the |
| 39 | requirements set forth in subsection (3). Any construction |
| 40 | permit issued by the department between January 1, 1993, and May |
| 41 | 12, 1993, which does not address these new requirements shall be |
| 42 | invalid. These new requirements do not apply to the issuance of |
| 43 | permits or permit modifications to retrofit existing facilities |
| 44 | with new or improved pollution control equipment to comply with |
| 45 | state or federal law. The department shall initiate rulemaking |
| 46 | to incorporate the criteria in subsection (3) into its permit |
| 47 | review process. |
| 48 | (3) An applicant must provide reasonable assurance that |
| 49 | the construction of a new waste-to-energy facility or the |
| 50 | expansion of an existing waste-to-energy facility will comply |
| 51 | with the following criteria subsections: |
| 52 | (a) The facility is a necessary part of the local |
| 53 | government's integrated solid waste management program in the |
| 54 | jurisdiction where the facility is located and cannot be avoided |
| 55 | through feasible and practical efforts to use recycling or waste |
| 56 | reduction. |
| 57 | (b) The use of capacity at existing waste-to-energy |
| 58 | facilities within reasonable transportation distance of the |
| 59 | proposed facility must have been evaluated and found not to be |
| 60 | economically feasible when compared to the use of the proposed |
| 61 | facility for the expected life of the proposed facility. This |
| 62 | paragraph does not apply to: |
| 63 | 1. Applications to build or expand waste-to-energy |
| 64 | facilities received by the department before March 1, 1993, or |
| 65 | amendments to such applications that do not increase combustion |
| 66 | capacity beyond that requested as of March 1, 1993; or |
| 67 | 2. Any modification to waste-to-energy facility |
| 68 | construction or operating permits or certifications or |
| 69 | conditions thereto, including certifications under ss. 403.501- |
| 70 | 403.518, that do not increase combustion capacity above that |
| 71 | amount applied for before March 1, 1993. |
| 72 | (c) The county in which the facility is located has |
| 73 | implemented and maintains a solid waste management and recycling |
| 74 | program that is designed to will achieve the 30-percent waste |
| 75 | reduction goal set forth in s. 403.706(4) by the time the |
| 76 | facility begins operation. For the purposes of this section, the |
| 77 | provisions of s. 403.706(4)(c) for counties with populations of |
| 78 | 100,000 75,000 or less do not apply. |
| 79 | (d) The local government in which the facility is located |
| 80 | has implemented a mulching, composting, or other waste reduction |
| 81 | program for yard trash. |
| 82 | (e) The local governments served by the facility will have |
| 83 | implemented or participated in a separation program designed to |
| 84 | remove small-quantity generator and household hazardous waste, |
| 85 | mercury containing devices, and mercuric-oxide batteries from |
| 86 | the waste stream prior to incineration, by the time the facility |
| 87 | begins operation. |
| 88 | (f) The local government in which the facility is located |
| 89 | has implemented a program to procure products or materials with |
| 90 | recycled content, pursuant to s. 403.7065. |
| 91 | (g) A program will exist in the local government in which |
| 92 | the facility is located for collecting and recycling recovered |
| 93 | material from the institutional, commercial, and industrial |
| 94 | sectors by the time the facility begins operation. |
| 95 | (h) The facility will be in compliance with applicable |
| 96 | local ordinances and with the approved state and local |
| 97 | comprehensive plans required by chapter 163. |
| 98 | (i) The facility is in substantial compliance with its |
| 99 | permit, conditions of certification, and any agreements or |
| 100 | orders resulting from environmental enforcement actions by state |
| 101 | agencies. |
| 102 | (4) For the purposes of this section, the term "waste-to- |
| 103 | energy facility" means a facility that uses an enclosed device |
| 104 | using controlled combustion to thermally break down solid, |
| 105 | liquid, or gaseous combustible solid waste to an ash residue |
| 106 | that contains little or no combustible material and that |
| 107 | produces electricity, steam, or other energy as a result. The |
| 108 | term does not include facilities that primarily burn fuels other |
| 109 | than solid waste even if such facilities also burn some solid |
| 110 | waste as a fuel supplement. The term also does not include |
| 111 | facilities that burn vegetative, agricultural, or silvicultural |
| 112 | wastes, bagasse, clean dry wood, methane or other landfill gas, |
| 113 | wood fuel derived from construction or demolition debris, or |
| 114 | waste tires, alone or in combination with fossil fuels. |
| 115 | Section 2. This act shall take effect October 1, 2005. |