HB 0077

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

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