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Senator Saunders moved the following amendment:

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     Senate Amendment

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     Between line(s) 5590-5591

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insert:

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     Section 87. Section 403.7032, Florida Statutes, is created

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to read

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     403.7032 Recycling.--

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     (1) The Legislature finds that the failure or inability to

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economically recover material and energy resources from solid

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waste results in the unnecessary waste and depletion of our

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natural resources. As the state continues to grow, so will the

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potential amount of discarded material that must be treated and

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disposed of, necessitating the improvement of solid waste

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collection and disposal. Therefore, the maximum recycling and

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reuse of such resources are considered high-priority goals of the

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state.

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     (2) By the year 2020, the long-term goal for the recycling

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efforts of state and local governmental entities, private

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companies and organizations, and the general public is to reduce

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the amount of recyclable solid waste disposed of in waste

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management facilities, landfills, or incineration facilities by a

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statewide average of at least 75 percent. However, any solid

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waste used for the production of renewable energy shall count

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toward the long term recycling goal as set forth in this section.

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     (3) The Department of Environmental Protection shall

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develop a comprehensive recycling program that is designed to

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achieve the percentage under subsection (2) and submit the

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program to the President of the Senate and the Speaker of the

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House of Representatives by January 1, 2010. The program may not

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be implemented until approved by the Legislature. The program

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must be developed in coordination with input from state and local

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entities, private businesses, and the public. Under the program,

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recyclable materials shall include, but are not limited to,

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metals, paper, glass, plastic, textile, rubber materials, and

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mulch. Components of the program shall include, but are not

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limited to:

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     (a) Programs to identify environmentally preferable

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purchasing practices to encourage the purchase of recycled,

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durable, and less toxic goods.

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     (b) Programs to educate students in grades K-12 in the

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benefits of, and proper techniques for, recycling.

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     (c) Programs for statewide recognition of successful

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recycling efforts by schools, businesses, public groups, and

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private citizens.

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     (d) Programs for municipalities and counties to develop and

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implement efficient recycling efforts to return valuable

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materials to productive use, conserve energy, and protect natural

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resources.

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     (e) Programs by which the department can provide technical

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assistance to municipalities and counties in support of their

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recycling efforts.

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     (f) Programs to educate and train the public in proper

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recycling efforts;

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     (g) Evaluation of how financial assistance can best be

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provided to municipalities and counties in support of their

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recycling efforts.

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     (h) Evaluation of why existing waste management and

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recycling programs in the state have not been better used.

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     Section 88.  Section 403.7033, Florida Statutes, is created

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to read:

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     403.7033 Departmental analysis of particular recyclable

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materials.--The Legislature finds that prudent regulation of

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recyclable materials is crucial to the ongoing welfare of

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Florida's ecology and economy. As such, the Department of

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Environmental Protection shall undertake an analysis of the need

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for new or different regulation of auxiliary containers,

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wrappings, or disposable plastic bags used by consumers to carry

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products from retail establishments. The analysis shall include

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input from state and local government agencies, stakeholders,

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private businesses, and citizens, and shall evaluate the efficacy

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and necessity of both statewide and local regulation of these

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materials. To ensure consistent and effective implementation, the

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department shall submit a report with conclusions and

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recommendations to the Legislature no later than February 1,

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2010. Until such time that the Legislature adopts the

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recommendations of the department, no local government, local

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governmental agency, or state government agency may enact any

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rule, regulation, or ordinance regarding use, disposition, sale,

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prohibition, restriction, or tax of such auxiliary containers,

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wrappings, or disposable plastic bags.

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     Section 89. 403.706  Local government solid waste

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responsibilities.--

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(2)(a)  Each county shall implement a recyclable materials

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recycling program. Counties and municipalities are encouraged to

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form cooperative arrangements for implementing recycling

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programs.

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(b)  Such programs shall be designed to recover a

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significant portion of at least four of the following materials

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from the solid waste stream prior to final disposal at a solid

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waste disposal facility and to offer these materials for

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recycling: newspaper, aluminum cans, steel cans, glass, plastic

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bottles, cardboard, office paper, and yard trash. Local

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governments which operate permitted waste-to-energy facilities

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may retrieve ferrous and nonferrous metal as a byproduct of

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combustion.

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(c)  Local governments are encouraged to separate all

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plastics, metal, and all grades of paper for recycling prior to

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final disposal and are further encouraged to recycle yard trash

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and other mechanically treated solid waste into compost available

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for agricultural and other acceptable uses.

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(d) By July 1, 2010, each county shall develop and

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implement a plan to achieve a goal to compost is encouraged to

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consider plans for composting or mulching of organic materials

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that would otherwise be disposed of in a landfill. The goal shall

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provide that up to 10 percent and no less than 5 percent of

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organic material would be composted within the county and the

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municipalities within its boundaries. The department may reduce

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or modify the compost goal if the county demonstrates to the

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department that achievement of the goal would be impractical

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given the county's unique demographic, urban density, or

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inability to separate normally compostable material from the

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solid waste stream. The composting plan is or mulching plans are

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encouraged to address partnership with the private sector.

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(e) Each county is encouraged to consider plans for

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mulching organic materials that would otherwise be disposed of in

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a landfill. The mulching plans are encouraged to address

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partnership with the private sector.

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4/29/2008  7:40:00 PM     EP.37.09083