CS for CS for SB 570 First Engrossed
2010570e1
1 A bill to be entitled
2 An act relating to environmental protection; amending
3 s. 403.44, F.S.; revising the greenhouse gas reporting
4 requirement for major emitters; deleting a requirement
5 for the Department of Environmental Protection to take
6 certain actions related to the reporting requirement;
7 amending s. 403.7032, F.S.; requiring all public
8 entities and those entities occupying buildings
9 managed by the Department of Management Services to
10 report recycling data to the county using the format
11 designated by the Department of Environmental
12 Protection; providing an exemption; encouraging
13 certain private entities to report the disposal of
14 recyclable materials; requiring the Department of
15 Management Services to report on green and recycled
16 products purchased through its procurement system;
17 directing the Department of Environmental Protection
18 to create the Recycling Business Assistance Center;
19 providing requirements for the center; amending s.
20 288.9015, F.S.; requiring Enterprise Florida, Inc., to
21 provide technical assistance to the Department of
22 Environmental Protection in the creation of the
23 Recycling Business Assistance Center; amending s.
24 403.7046, F.S.; deleting a requirement that the
25 Department of Environmental Protection appoint a
26 technical advisory committee; clarifying reporting
27 requirements; amending s. 403.705, F.S.; conforming a
28 cross-reference; requiring that the department report
29 biennially to the Legislature on the state’s success
30 in meeting solid waste reduction goals; providing for
31 the creation of a voluntary recyclers certification
32 program; amending s. 403.706, F.S.; revising
33 requirements for the implementation of recyclable
34 materials recycling programs by counties; providing
35 legislative intent; providing requirements for the
36 provision of recycling services; providing authority
37 for the Department of Environmental Protection to
38 require a plan under certain conditions; requiring a
39 report to the Legislature by the Department of
40 Environmental Protection if recycling benchmarks are
41 not met; requiring the department to adopt rules;
42 eliminating a requirement that counties develop
43 composting goals; encouraging counties to develop
44 composting plans; providing for waivers; providing
45 deadlines for the reporting of recycling data;
46 revising requirements for the enactment of ordinances
47 by local governments relating to programs for the
48 separation of recyclable materials; amending s.
49 403.7061, F.S.; revising requirements for review of
50 new waste-to-energy facility capacity by the
51 Department of Environmental Protection; clarifying an
52 exemption; amending s. 403.707, F.S.; requiring liners
53 for new construction and demolition debris landfills
54 under certain conditions; providing reporting
55 requirements for certain construction and demolition
56 debris; requiring the department to adopt rules;
57 providing rule requirements; providing an exemption;
58 amending s. 403.7095, F.S.; deleting application
59 requirements for the solid waste management program;
60 deleting a requirement for the Department of
61 Environmental Protection to evaluate and prioritize
62 proposals for inclusion in its annual budget request;
63 amending s. 403.7145, F.S.; revising recycling
64 requirements for state buildings; providing for a
65 pilot project; requiring each public airport in the
66 state to collect beverage containers and recyclable
67 plastic and glass from the entities doing business at
68 the airport and to offer such materials for recycling;
69 amending s. 553.77, F.S.; authorizing the Florida
70 Building Commission to develop recommendations for
71 recycling and composting; amending s. 403.7049, F.S.;
72 conforming a cross-reference; repealing s. 288.1185,
73 F.S., relating to the Recycling Markets Advisory
74 Committee; providing an effective date.
75
76 Be It Enacted by the Legislature of the State of Florida:
77
78 Section 1. Section 403.44, Florida Statutes, is amended to
79 read:
80 403.44 Florida Climate Protection Act.—
81 (3) A major emitter shall be required to use The Climate
82 Registry for purposes of emission registration and reporting.
83 (4) The department shall establish the methodologies,
84 reporting periods, and reporting systems that shall be used when
85 major emitters report to The Climate Registry. The department
86 may require the use of quality-assured data from continuous
87 emissions monitoring systems.
88 (3)(5) The department may adopt rules for a cap-and-trade
89 regulatory program to reduce greenhouse gas emissions from major
90 emitters. When developing the rules, the department shall
91 consult with the Florida Energy and Climate Commission and the
92 Florida Public Service Commission and may consult with the
93 Governor’s Action Team for Energy and Climate Change. The
94 department shall not adopt rules until after January 1, 2010.
95 The rules shall not become effective until ratified by the
96 Legislature.
97 (4)(6) The rules of the cap-and-trade regulatory program
98 shall include, but are not limited to:
99 (a) A statewide limit or cap on the amount of greenhouse
100 gases emitted by major emitters.
101 (b) Methods, requirements, and conditions for allocating
102 the cap among major emitters.
103 (c) Methods, requirements, and conditions for emissions
104 allowances and the process for issuing emissions allowances.
105 (d) The relationship between allowances and the specific
106 amounts of greenhouse gas emissions they represent.
107 (e) The length of allowance periods and the time over which
108 entities must account for emissions and surrender allowances
109 equal to emissions.
110 (f) The timeline of allowances from the initiation of the
111 program through to 2050.
112 (g) A process for the trade of allowances between major
113 emitters, including a registry, tracking, or accounting system
114 for such trades.
115 (h) Cost containment mechanisms to reduce price and cost
116 risks associated with the electric generation market in this
117 state. Cost containment mechanisms to be considered for
118 inclusion in the rules include, but are not limited to:
119 1. Allowing major emitters to borrow allowances from future
120 time periods to meet their greenhouse gas emission limits.
121 2. Allowing major emitters to bank greenhouse gas emission
122 reductions in the current year to be used to meet emission
123 limits in future years.
124 3. Allowing major emitters to purchase emissions offsets
125 from other entities that produce verifiable reductions in
126 unregulated greenhouse gas emissions or that produce verifiable
127 reductions in greenhouse gas emissions through voluntary
128 practices that capture and store greenhouse gases that otherwise
129 would be released into the atmosphere. In considering this cost
130 containment mechanism, the department shall identify sectors and
131 activities outside of the capped sectors, including other state,
132 federal, or international activities, and the conditions under
133 which reductions there can be credited against emissions of
134 capped entities in place of allowances issued by the department.
135 The department shall also consider potential methods and their
136 effectiveness to avoid double-incentivizing such activities.
137 4. Providing a safety valve mechanism to ensure that the
138 market prices for allowances or offsets do not surpass a
139 predetermined level compatible with the affordability of
140 electric utility rates and the well-being of the state’s
141 economy. In considering this cost containment mechanism, the
142 department shall evaluate different price levels for the safety
143 valve and methods to change the price level over time to reflect
144 changing state, federal, and international markets, regulatory
145 environments, and technological advancements.
146
147 In considering cost containment mechanisms for inclusion in the
148 rules, the department shall evaluate the anticipated overall
149 effect of each mechanism on the abatement of greenhouse gas
150 emissions and on electricity ratepayers and the benefits and
151 costs of each to the state’s economy, and shall also consider
152 the interrelationships between the mechanisms under
153 consideration.
154 (i) A process to allow the department to exercise its
155 authority to discourage leakage of GHG emissions to neighboring
156 states attributable to the implementation of this program.
157 (j) Provisions for a trial period on the trading of
158 allowances before full implementation of a trading system.
159 (5)(7) In recommending and evaluating proposed features of
160 the cap-and-trade system, the following factors shall be
161 considered:
162 (a) The overall cost-effectiveness of the cap-and-trade
163 system in combination with other policies and measures in
164 meeting statewide targets.
165 (b) Minimizing the administrative burden to the state of
166 implementing, monitoring, and enforcing the program.
167 (c) Minimizing the administrative burden on entities
168 covered under the cap.
169 (d) The impacts on electricity prices for consumers.
170 (e) The specific benefits to the state’s economy for early
171 adoption of a cap-and-trade system for greenhouse gases in the
172 context of federal climate change legislation and the
173 development of new international compacts.
174 (f) The specific benefits to the state’s economy associated
175 with the creation and sale of emissions offsets from economic
176 sectors outside of the emissions cap.
177 (g) The potential effects on leakage if economic activity
178 relocates out of the state.
179 (h) The effectiveness of the combination of measures in
180 meeting identified targets.
181 (i) The implications for near-term periods of long-term
182 targets specified in the overall policy.
183 (j) The overall costs and benefits of a cap-and-trade
184 system to the state economy.
185 (k) How to moderate impacts on low-income consumers that
186 result from energy price increases.
187 (l) Consistency of the program with other state and
188 possible federal efforts.
189 (m) The feasibility and cost-effectiveness of extending the
190 program scope as broadly as possible among emitting activities
191 and sinks in Florida.
192 (n) Evaluation of the conditions under which Florida should
193 consider linking its trading system to the systems of other
194 states or other countries and how that might be affected by the
195 potential inclusion in the rule of a safety valve.
196 (6)(8) Recognizing that the international, national, and
197 neighboring state policies and the science of climate change
198 will evolve, prior to submitting the proposed rules to the
199 Legislature for consideration, the department shall submit the
200 proposed rules to the Florida Energy and Climate Commission,
201 which shall review the proposed rules and submit a report to the
202 Governor, the President of the Senate, the Speaker of the House
203 of Representatives, and the department. The report shall
204 address:
205 (a) The overall cost-effectiveness of the proposed cap-and
206 trade system in combination with other policies and measures in
207 meeting statewide targets.
208 (b) The administrative burden to the state of implementing,
209 monitoring, and enforcing the program.
210 (c) The administrative burden on entities covered under the
211 cap.
212 (d) The impacts on electricity prices for consumers.
213 (e) The specific benefits to the state’s economy for early
214 adoption of a cap-and-trade system for greenhouse gases in the
215 context of federal climate change legislation and the
216 development of new international compacts.
217 (f) The specific benefits to the state’s economy associated
218 with the creation and sale of emissions offsets from economic
219 sectors outside of the emissions cap.
220 (g) The potential effects on leakage if economic activity
221 relocates out of the state.
222 (h) The effectiveness of the combination of measures in
223 meeting identified targets.
224 (i) The economic implications for near-term periods of
225 short-term and long-term targets specified in the overall
226 policy.
227 (j) The overall costs and benefits of a cap-and-trade
228 system to the economy of the state.
229 (k) The impacts on low-income consumers that result from
230 energy price increases.
231 (l) The consistency of the program with other state and
232 possible federal efforts.
233 (m) The evaluation of the conditions under which the state
234 should consider linking its trading system to the systems of
235 other states or other countries and how that might be affected
236 by the potential inclusion in the rule of a safety valve.
237 (n) The timing and changes in the external environment,
238 such as proposals by other states or implementation of a federal
239 program that would spur reevaluation of the Florida program.
240 (o) The conditions and options for eliminating the Florida
241 program if a federal program were to supplant it.
242 (p) The need for a regular reevaluation of the progress of
243 other emitting regions of the country and of the world, and
244 whether other regions are abating emissions in a commensurate
245 manner.
246 (q) The desirability of and possibilities of broadening the
247 scope of the state’s cap-and-trade system at a later date to
248 include more emitting activities as well as sinks in Florida,
249 the conditions that would need to be met to do so, and how the
250 program would encourage these conditions to be met, including
251 developing monitoring and measuring techniques for land use
252 emissions and sinks, regulating sources upstream, and other
253 considerations.
254 Section 2. 403.7032, Florida Statutes, is amended to read:
255 403.7032 Recycling.—
256 (1) The Legislature finds that the failure or inability to
257 economically recover material and energy resources from solid
258 waste results in the unnecessary waste and depletion of our
259 natural resources. As the state continues to grow, so will the
260 potential amount of discarded material that must be treated and
261 disposed of, necessitating the improvement of solid waste
262 collection and disposal. Therefore, the maximum recycling and
263 reuse of such resources are considered high-priority goals of
264 the state.
265 (2) By the year 2020, the long-term goal for the recycling
266 efforts of state and local governmental entities, private
267 companies and organizations, and the general public is to
268 recycle at least 75 percent of the municipal solid waste that
269 would otherwise be reduce the amount of recyclable solid waste
270 disposed of in waste management facilities, landfills, or
271 incineration facilities by a statewide average of at least 75
272 percent. However, any solid waste used for the production of
273 renewable energy shall count toward the long-term recycling goal
274 as set forth in this part section.
275 (3) Each state agency, K-12 public school, public
276 institution of higher learning, community college, and state
277 university, including all buildings that are occupied by
278 municipal, county, or state employees and entities occupying
279 buildings managed by the Department of Management Services,
280 must, at a minimum, annually report all recycled materials to
281 the county using the department’s designated reporting format.
282 Private businesses, other than certified recovered materials
283 dealers, that recycle paper, metals, glass, plastics, textiles,
284 rubber materials, and mulch, are encouraged to report the amount
285 of materials they recycle to the county annually beginning
286 January 1, 2011, using the department’s designated reporting
287 format. Using the information provided, the department shall
288 recognize those private businesses that demonstrate outstanding
289 recycling efforts. Private businesses that do not report
290 recycling rates to the department shall be recorded as having a
291 zero percent recycling rate. Notwithstanding any other provision
292 of state or county law, private businesses, other than certified
293 recovered materials dealers, shall not be required to report
294 recycling rates. Cities with less than a population of 2,500 and
295 per capita taxable value less than $4,800 and cities with a per
296 capita taxable value less than $30,000 are exempt from the
297 reporting requirement specified in this paragraph.
298 (4)(3) The Department of Environmental Protection shall
299 develop a comprehensive recycling program that is designed to
300 achieve the percentage under subsection (2) and submit the
301 program to the President of the Senate and the Speaker of the
302 House of Representatives by January 1, 2010. The program may not
303 be implemented until approved by the Legislature. The program
304 must be developed in coordination with input from state and
305 local entities, private businesses, and the public. Under the
306 program, recyclable materials shall include, but are not limited
307 to, metals, paper, glass, plastic, textile, rubber materials,
308 and mulch. Components of the program shall include, but are not
309 limited to:
310 (a) Programs to identify environmentally preferable
311 purchasing practices to encourage the purchase of recycled,
312 durable, and less toxic goods. The Department of Management
313 Services shall modify its procurement system to report on green
314 and recycled products purchased through the system by September
315 30, 2011.
316 (b) Programs to educate students in grades K-12 in the
317 benefits of, and proper techniques for, recycling.
318 (c) Programs for statewide recognition of successful
319 recycling efforts by schools, businesses, public groups, and
320 private citizens.
321 (d) Programs for municipalities and counties to develop and
322 implement efficient recycling efforts to return valuable
323 materials to productive use, conserve energy, and protect
324 natural resources.
325 (e) Programs by which the department can provide technical
326 assistance to municipalities and counties in support of their
327 recycling efforts.
328 (f) Programs to educate and train the public in proper
329 recycling efforts.
330 (g) Evaluation of how financial assistance can best be
331 provided to municipalities and counties in support of their
332 recycling efforts.
333 (h) Evaluation of why existing waste management and
334 recycling programs in the state have not been better used.
335 (5) The department shall create the Recycling Business
336 Assistance Center by December 1, 2010. In carrying out its
337 duties under this subsection, the department shall consult with
338 state agency personnel appointed to serve as economic
339 development liaisons under s. 288.021 and seek technical
340 assistance from Enterprise Florida, Inc., to ensure the
341 Recycling Business Assistance Center is positioned to succeed.
342 The purpose of the center shall be to serve as the mechanism for
343 coordination among state agencies and the private sector in
344 order to coordinate policy and overall strategic planning for
345 developing new markets and expanding and enhancing existing
346 markets for recyclable materials in this state, other states,
347 and foreign countries. The duties of the center shall include,
348 at a minimum:
349 (a) Identifying and developing new markets and expanding
350 and enhancing existing markets for recyclable materials;
351 (b) Pursuing expanded end uses for recycled materials;
352 (c) Targeting materials for concentrated market-development
353 efforts;
354 (d) Developing proposals for new incentives for market
355 development, particularly focusing on targeted materials;
356 (e) Providing guidance on issues such as permitting,
357 finance options for recycling market development, site location,
358 research and development, grant program criteria for recycled
359 materials markets, recycling markets education and information,
360 and minimum content;
361 (f) Coordinating the efforts of various governmental
362 entities having market-development responsibilities in order to
363 optimize supply and demand for recyclable materials;
364 (g) Evaluating source-reduced products as they relate to
365 state procurement policy. The evaluation shall include, but is
366 not limited to, the environmental and economic impact of source
367 reduced product purchases to the state. For the purposes of this
368 paragraph, the term “source-reduced” means any method, process,
369 product, or technology that significantly or substantially
370 reduces the volume or weight of a product while providing, at a
371 minimum, equivalent or generally similar performance and service
372 to and for the users of such materials;
373 (h) Providing evaluation of solid waste management grants,
374 pursuant to s. 403.7095, to reduce the flow of solid waste to
375 disposal facilities and encourage the sustainable recovery of
376 materials from Florida’s waste stream;
377 (i) Providing below-market financing for companies that
378 manufacture products from recycled materials or convert
379 recyclable materials into raw materials for use in
380 manufacturing, pursuant to the Florida Recycling Loan Program as
381 administered by the Florida First Capital Finance Corporation;
382 (j) Maintaining a continuously updated online directory,
383 listing the public and private entities that collect, transport,
384 broker, process, or remanufacture recyclable materials in the
385 state;
386 (k) Providing information on the availability and benefits
387 of using recycled materials to private entities and industries
388 in the state;
389 (l) Distributing any materials prepared in implementing
390 this subsection to the public, private entities, industries,
391 governmental entities, or other organizations upon request; and
392 (m) Coordinating with the Agency for Workforce Innovation
393 and its partners to provide job placement and job training
394 services to job seekers through the state’s workforce services
395 programs.
396 Section 3. Subsection (9) is added to section 288.9015,
397 Florida Statutes, to read:
398 288.9015 Enterprise Florida, Inc.; purpose; duties.—
399 (9) Enterprise Florida, Inc., shall provide technical
400 assistance to the Department of Environmental Protection in the
401 creation of the Recycling Business Assistance Center pursuant to
402 s. 403.7032(5). As the state’s primary organization devoted to
403 statewide economic development, Enterprise Florida, Inc., is
404 encouraged to cooperate with the Department of Environmental
405 Protection to ensure that the Recycling Business Assistance
406 Center is positioned to succeed in helping to enhance and expand
407 existing markets for recyclable materials in Florida, other
408 states, and foreign countries.
409 Section 4. Subsection (1) of section 403.7046, Florida
410 Statutes, is amended to read:
411 403.7046 Regulation of recovered materials.—
412 (1) Any person who handles, purchases, receives, recovers,
413 sells, or is an end user of recovered materials shall annually
414 certify to the department on forms provided by the department.
415 The department may by rule exempt from this requirement
416 generators of recovered materials; persons who handle or sell
417 recovered materials as an activity which is incidental to the
418 normal primary business activities of that person; or persons
419 who handle, purchase, receive, recover, sell, or are end users
420 of recovered materials in small quantities as defined by the
421 department. The department shall adopt rules for the
422 certification of and reporting by such persons and shall
423 establish criteria for revocation of such certification. Prior
424 to the adoption of such rules, the department shall appoint a
425 technical advisory committee of no more than nine persons,
426 including, at a minimum, representatives of the Florida
427 Association of Counties, the Florida League of Cities, the
428 Florida Recyclers Association, and the Florida Chapter of the
429 National Solid Waste Management Association, to aid in the
430 development of such rules. Such rules shall be designed to
431 elicit, at a minimum, the amount and types of recovered
432 materials handled by registrants, and the amount and disposal
433 site, or name of person with whom such disposal was arranged, of
434 any solid waste generated by such facility. By February 1 of
435 each year, registrants shall report all required information to
436 the department and to all counties from which it received
437 materials. Such rules may provide for the department to conduct
438 periodic inspections. The department may charge a fee of up to
439 $50 for each registration, which shall be deposited into the
440 Solid Waste Management Trust Fund for implementation of the
441 program.
442 Section 5. Paragraph (c) of subsection (2) and subsection
443 (3) of section 403.705, Florida Statutes, are amended and a new
444 subsection (4) is created to read:
445 403.705 State solid waste management program.—
446 (2) The state solid waste management program shall include,
447 at a minimum:
448 (c) Planning guidelines and technical assistance to
449 counties and municipalities to aid in meeting the municipal
450 solid waste recycling reduction goals established in s.
451 403.706(2) s. 403.706(4).
452 (3) The department shall periodically seek information from
453 counties to evaluate and report to the Legislature biennially on
454 the state’s success in meeting the solid waste recycling
455 reduction goal as described in s. 403.706(2).
456 (4) The department shall adopt rules creating a voluntary
457 certification program for materials recovery facilities. The
458 certification criteria shall be based upon the amount and type
459 of materials recycled and the compliance record of the facility,
460 and may vary depending on the location in the state and the
461 available markets for the materials that are processed. Any
462 materials recovery facility seeking certification shall file an
463 application to modify its permit, or shall include a
464 certification application as part of its original permit
465 application, which application shall not require an additional
466 fee. The department shall adopt a form for certification
467 applications, and shall require at least annual reports to
468 verify the continued qualification for certification. After
469 January 1, 2012, a county or city may consider utilizing a
470 certified recycler when renewing or entering into a contract
471 with a materials recovery facility to accept or process solid
472 waste. In order to assist in the development of the
473 certification program the department shall appoint a technical
474 advisory committee.
475 Section 6. Subsections (2), (6), (4), (7), and (21) of
476 section 403.706, Florida Statutes, are amended to read:
477 403.706 Local government solid waste responsibilities.—
478 (2)(a) Each county shall implement a recyclable materials
479 recycling program that shall have a goal of recycling solid
480 waste by 40 percent by December 31, 2012, 50 percent by December
481 31, 2014, 60 percent by December 31, 2016, 70 percent by
482 December 31, 2018, and 75 percent by December 31, 2020. Counties
483 and municipalities are encouraged to form cooperative
484 arrangements for implementing recycling programs.
485 (b) In order to assist in attaining the goals provided in
486 this paragraph (a), the Legislature finds that the recycling of
487 construction and demolition debris is in the state’s interest.
488 Each county shall implement a program with the following goals
489 for recycling construction and demolition debris: 40 percent by
490 December 31, 2012; 50 percent by December 31, 2014; 60 percent
491 by December 31, 2016; 70 percent by December 31, 2018; and 75
492 percent by December 31, 2020.
493 (c) Newly developed property receiving a building permit or
494 its functional equivalent on or after March 1, 2011, which is
495 used for multifamily residential purposes or for commercial
496 purposes, must provide adequate space and an adequate receptacle
497 for recycling by the tenant or owner of the property. This
498 provision is limited to counties and cities that have an
499 established commercial recycling program which provides
500 recycling receptacles to multifamily residential properties and
501 commercial properties and also provides regular pick-up service
502 for those receptacles.
503 (d) If, by January 1 of 2013, 2015, 2017, 2019, or 2021,
504 the county, as determined by the department in accordance with
505 applicable rules, has not reached the recycling goals provided
506 in paragraph (a), the department may direct the county to
507 develop a plan to expand recycling programs to existing
508 commercial and multifamily dwellings, including, but not limited
509 to, apartment complexes.
510 (e) If the state’s recycling rate for the 2013 calendar
511 year is below 40 percent, or below 50 percent by January 1,
512 2015, or below 60 percent by January 1, 2017, or below 70
513 percent by January 1, 2019, or below 75 percent by January 1,
514 2021, the department shall provide a report to the Legislature.
515 The report shall identify those additional programs or statutory
516 changes needed to achieve the goals provided in this subsection.
517 The report shall be provided no later than 30 days prior to the
518 Regular Session of the Legislature. If the state reaches its
519 recycling goals as described in this paragraph, the department
520 shall not provide a report to the Legislature.
521 (f)(b) Such programs shall be designed to recover a
522 significant portion of at least four of the following materials
523 from the solid waste stream prior to final disposal at a solid
524 waste disposal facility and to offer these materials for
525 recycling: newspaper, aluminum cans, steel cans, glass, plastic
526 bottles, cardboard, office paper, and yard trash. Local
527 governments which operate permitted waste-to-energy facilities
528 may retrieve ferrous and nonferrous metal as a byproduct of
529 combustion.
530 (g)(c) Local governments are encouraged to separate all
531 plastics, metal, and all grades of paper for recycling prior to
532 final disposal and are further encouraged to recycle yard trash
533 and other mechanically treated solid waste into compost
534 available for agricultural and other acceptable uses.
535 (h) The department shall adopt rules establishing the
536 method and criteria to be used by a county in calculating the
537 recycling rates pursuant to this subsection.
538 (d) By July 1, 2010, each county shall develop and
539 implement a plan to achieve a goal to compost organic materials
540 that would otherwise be disposed of in a landfill. The goal
541 shall provide that up to 10 percent and no less than 5 percent
542 of organic material would be composted within the county and the
543 municipalities within its boundaries. The department may reduce
544 or modify the compost goal if the county demonstrates to the
545 department that achievement of the goal would be impractical
546 given the county’s unique demographic, urban density, or
547 inability to separate normally compostable material from the
548 solid waste stream. The composting plan is encouraged to address
549 partnership with the private sector.
550 (i)(e) Each county is encouraged to consider plans for
551 composting or mulching organic materials that would otherwise be
552 disposed of in a landfill. The composting or mulching plans are
553 encouraged to address partnership with the private sector.
554 (4)(a) A county’s solid waste management and recycling
555 programs shall be designed to provide for sufficient reduction
556 of the amount of solid waste generated within the county and the
557 municipalities within its boundaries in order to meet goals for
558 the reduction of municipal solid waste prior to the final
559 disposal or the incineration of such waste at a solid waste
560 disposal facility. The goals shall provide, at a minimum, that
561 the amount of municipal solid waste that would be disposed of
562 within the county and the municipalities within its boundaries
563 is reduced by at least 30 percent.
564 (a)(b) A county may receive credit for one-half of the
565 recycling goal in subsection (2) for waste reduction from the
566 use of yard trash, or other clean wood waste or paper waste, in
567 innovative programs including, but not limited to, programs that
568 produce alternative clean-burning fuels such as ethanol or that
569 provide for the conversion of yard trash or other clean wood
570 waste or paper waste to clean-burning fuel for the production of
571 energy for use at facilities other than a waste-to-energy
572 facility as defined in s. 403.7061. The provisions of this
573 paragraph apply only if a county can demonstrate that:
574 1. The county has implemented a yard trash mulching or
575 composting program, and
576 2. As part of the program, compost and mulch made from yard
577 trash is available to the general public and in use at county
578 owned or maintained and municipally owned or maintained
579 facilities in the county and state agencies operating in the
580 county as required by this section.
581 (b)(c) A county with a population of 100,000 or less may
582 provide its residents with the opportunity to recycle in lieu of
583 achieving the goal set forth in this section paragraph (a). For
584 the purposes of this section subsection, the “opportunity to
585 recycle” means that the county:
586 1.a. Provides a system for separating and collecting
587 recyclable materials prior to disposal that is located at a
588 solid waste management facility or solid waste disposal area; or
589 b. Provides a system of places within the county for
590 collection of source-separated recyclable materials.
591 2. Provides a public education and promotion program that
592 is conducted to inform its residents of the opportunity to
593 recycle, encourages source separation of recyclable materials,
594 and promotes the benefits of reducing, reusing, recycling, and
595 composting materials.
596 (6) The department may reduce or modify the municipal solid
597 waste recycling reduction goal that a county is required to
598 achieve pursuant to subsection (2) (4) if the county
599 demonstrates to the department that:
600 (a) The achievement of the goal set forth in subsection (2)
601 (4) would have an adverse effect on the financial obligations of
602 a county or a city that are directly related to a waste-to
603 energy facility owned or operated by or on behalf of the county
604 or the city; and
605 (b) The county or the city cannot remove normally
606 combustible materials from solid waste that is to be processed
607 at a waste-to-energy facility because of the need to maintain a
608 sufficient amount of solid waste to ensure the financial
609 viability of the facility.
610
611 The goal shall not be waived entirely and may only be reduced or
612 modified to the extent necessary to alleviate the adverse
613 effects of achieving the goal on the financial viability of a
614 county’s waste-to-energy facility. Nothing in this subsection
615 shall exempt a county from developing and implementing a
616 recycling program pursuant to this act.
617 (7) In order to assess the progress in meeting the goal
618 established in subsection (2) (4), each county shall, by April 1
619 November each year, provide information to the department
620 regarding its annual solid waste management program and
621 recycling activities. The information by the county must, at a
622 minimum, include:
623 (a) The amount of municipal solid waste disposed of at
624 solid waste disposal facilities, by type of waste such as yard
625 trash, white goods, clean debris, tires, and unseparated solid
626 waste;
627 (b) The amount and type of materials from the municipal
628 solid waste stream that were recycled; and
629 (c) The percentage of the population participating in
630 various types of recycling activities instituted.
631 (d) Beginning with the data for the 2012 calendar year, the
632 department shall annually, by July 1, post on its website the
633 recycling rates of each county for the prior calendar year.
634 (21) Local governments are authorized to enact ordinances
635 that require and direct all residential properties, multifamily
636 dwellings, and apartment complexes and industrial, commercial,
637 and institutional establishments as defined by the local
638 government to establish programs for the separation of
639 recyclable materials designated by the local government, which
640 recyclable materials are specifically intended for purposes of
641 recycling and for which a market exists, and to provide for
642 their collection. Such ordinances may include, but are not
643 limited to, provisions that prohibit any person from knowingly
644 disposing of recyclable materials designated by the local
645 government and that ensure the collection of recovered materials
646 as necessary to protect public health and safety.
647 Section 7. Paragraph (c) of subsection (3) of section
648 403.7061, Florida Statutes, is amended to read:
649 403.7061 Requirements for review of new waste-to-energy
650 facility capacity by the Department of Environmental
651 Protection.—
652 (3) An applicant must provide reasonable assurance that the
653 construction of a new waste-to-energy facility or the expansion
654 of an existing waste-to-energy facility will comply with the
655 following criteria:
656 (c) The county in which the facility is located has
657 implemented and maintains a solid waste management and recycling
658 program that is designed to achieve a the waste recycling
659 reduction goal of 30 percent set forth in s. 403.706(4). For the
660 purposes of this section, the provisions of s. 403.706(4)(c) for
661 counties having populations of 100,000 or fewer do not apply.
662 Section 8. Subsection (9) of section 403.707, Florida
663 Statutes, is amended to read:
664 403.707 Permits.—
665 (9) The department shall establish a separate category for
666 solid waste management facilities that accept only construction
667 and demolition debris for disposal or recycling. The department
668 shall establish a reasonable schedule for existing facilities to
669 comply with this section to avoid undue hardship to such
670 facilities. However, a permitted solid waste disposal unit that
671 receives a significant amount of waste prior to the compliance
672 deadline established in this schedule shall not be required to
673 be retrofitted with liners or leachate control systems.
674 (a) The department shall establish reasonable construction,
675 operation, monitoring, recordkeeping, financial assurance, and
676 closure requirements for such facilities. The department shall
677 take into account the nature of the waste accepted at various
678 facilities when establishing these requirements, and may impose
679 less stringent requirements, including a system of general
680 permits or registration requirements, for facilities that accept
681 only a segregated waste stream which is expected to pose a
682 minimal risk to the environment and public health, such as clean
683 debris. The Legislature recognizes that incidental amounts of
684 other types of solid waste are commonly generated at
685 construction or demolition projects. In any enforcement action
686 taken pursuant to this section, the department shall consider
687 the difficulty of removing these incidental amounts from the
688 waste stream.
689 (b) The department shall not require liners and leachate
690 collection systems at individual disposal units and lateral
691 expansions of existing disposal units that have not received a
692 department permit authorizing construction or operation prior to
693 July 1, 2010, facilities unless the owner or operator it
694 demonstrates, based upon the types of waste received, the
695 methods for controlling types of waste disposed of, the
696 proximity of groundwater and surface water, and the results of
697 the hydrogeological and geotechnical investigations, that the
698 facility is not reasonably expected to result in violations of
699 groundwater standards and criteria if built without a liner
700 otherwise.
701 (c) The owner or operator shall provide financial assurance
702 for closing of the facility in accordance with the requirements
703 of s. 403.7125. The financial assurance shall cover the cost of
704 closing the facility and 5 years of long-term care after
705 closing, unless the department determines, based upon
706 hydrogeologic conditions, the types of wastes received, or the
707 groundwater monitoring results, that a different long-term care
708 period is appropriate. However, unless the owner or operator of
709 the facility is a local government, the escrow account described
710 in s. 403.7125(2) may not be used as a financial assurance
711 mechanism.
712 (d) The department shall establish training requirements
713 for operators of facilities, and shall work with the State
714 University System or other providers to assure that adequate
715 training courses are available. The department shall also assist
716 the Florida Home Builders Association in establishing a
717 component of its continuing education program to address proper
718 handling of construction and demolition debris, including best
719 management practices for reducing contamination of the
720 construction and demolition debris waste stream.
721 (e) The issuance of a permit under this subsection does not
722 obviate the need to comply with all applicable zoning and land
723 use regulations.
724 (f) A permit is not required under this section for the
725 disposal of construction and demolition debris on the property
726 where it is generated, but such property must be covered,
727 graded, and vegetated as necessary when disposal is complete.
728 (g) By January 1, 2012, the amount of construction and
729 demolition debris processed and recycled prior to disposal at a
730 permitted materials recovery facility or at any other permitted
731 disposal facility shall be reported by the county of origin to
732 the department and to the county on an annual basis in
733 accordance with rules adopted by the department. The rules shall
734 establish criteria to ensure accurate and consistent reporting
735 for purposes of determining the recycling rate in s. 403.706.
736 The rule also shall provide that, to the extent economically
737 feasible, all construction and demolition debris must be
738 processed prior to disposal, either at a permitted waste
739 processing facility or a permitted disposal facility. The rule
740 also shall provide for uniform criteria and methodologies that
741 are to be utilized, by the department, a city or a county, or an
742 owner or operator of a facility, when determining or evidencing
743 that the processing of construction and demolition debris is not
744 economically feasible. This requirement does not apply to any
745 recovered materials that have been source separated and offered
746 for recycling or to materials that have been previously
747 processed. As part of the rule development process, the
748 department shall appoint a technical advisory committee
749 including a representative from the Florida Association of
750 Counties, the Florida League of Cities, the construction and
751 demolition debris industry, the Florida Home Builders
752 Association, the Florida Sunshine Chapter of the Solid Wastes
753 Association of North America, the Florida Chapter of the
754 National Solid Wastes Management Association, and the Florida
755 Recyclers Association to aid in the development of such rules.
756 It is the policy of the Legislature to encourage facilities to
757 recycle. The department shall establish criteria and guidelines
758 that encourage recycling where practical and provide for the use
759 of recycled materials in a manner that protects the public
760 health and the environment. Facilities are authorized to
761 recycle, provided such activities do not conflict with such
762 criteria and guidelines.
763 (h) The department shall ensure that the requirements of
764 this section are applied and interpreted consistently throughout
765 the state. In accordance with s. 20.255, the Division of Waste
766 Management shall direct the district offices and bureaus on
767 matters relating to the interpretation and applicability of this
768 section.
769 (i) The department shall provide notice of receipt of a
770 permit application for the initial construction of a
771 construction and demolition debris disposal facility to the
772 local governments having jurisdiction where the facility is to
773 be located.
774 (j) The Legislature recognizes that recycling, waste
775 reduction, and resource recovery are important aspects of an
776 integrated solid waste management program and as such are
777 necessary to protect the public health and the environment. If
778 necessary to promote such an integrated program, the county may
779 determine, after providing notice and an opportunity for a
780 hearing prior to April 30, 2008, that some or all of the
781 material described in s. 403.703(6)(b) shall be excluded from
782 the definition of “construction and demolition debris” in s.
783 403.703(6) within the jurisdiction of such county. The county
784 may make such a determination only if it finds that, prior to
785 June 1, 2007, the county has established an adequate method for
786 the use or recycling of such wood material at an existing or
787 proposed solid waste management facility that is permitted or
788 authorized by the department on June 1, 2007. The county is not
789 required to hold a hearing if the county represents that it
790 previously has held a hearing for such purpose, or if the county
791 represents that it previously has held a public meeting or
792 hearing that authorized such method for the use or recycling of
793 trash or other nonputrescible waste materials and that such
794 materials include those materials described in s. 403.703(6)(b).
795 The county shall provide written notice of its determination to
796 the department by no later than April 30, 2008; thereafter, the
797 materials described in s. 403.703(6) shall be excluded from the
798 definition of “construction and demolition debris” in s.
799 403.703(6) within the jurisdiction of such county. The county
800 may withdraw or revoke its determination at any time by
801 providing written notice to the department.
802 (k) Brazilian pepper and other invasive exotic plant
803 species as designated by the department resulting from
804 eradication projects may be processed at permitted construction
805 and demolition debris recycling facilities or disposed of at
806 permitted construction and demolition debris disposal facilities
807 or Class III facilities. The department may adopt rules to
808 implement this paragraph.
809 Section 9. Section 403.7095, Florida Statutes, is amended
810 to read:
811 403.7095 Solid waste management grant program.—
812 (1) The department shall develop a competitive and
813 innovative grant program for counties, municipalities, special
814 districts, and nonprofit organizations that have legal
815 responsibility for the provision of solid waste management
816 services. For purposes of this program, “innovative” means that
817 the process, technology, or activity for which funding is sought
818 has not previously been implemented within the jurisdiction of
819 the applicant. The applicant must:
820 (a) Demonstrate technologies or processes that represent a
821 novel application of an existing technology or process to
822 recycle or reduce waste, or that overcome obstacles to recycling
823 or waste reduction in new or innovative ways;
824 (b) Demonstrate innovative processes to collect and recycle
825 or reduce materials targeted by the department and the recycling
826 industry; or
827 (c) Demonstrate effective solutions to solving solid waste
828 problems resulting from waste tires, particularly in the areas
829 of enforcement and abatement of illegal tire dumping and
830 activities to promote market development of waste tire products.
831
832 Because the Legislature recognizes that input from the recycling
833 industry is essential to the success of this grant program, the
834 department shall cooperate with private sector entities to
835 develop a process and define specific criteria for allowing
836 their participation with grant recipients.
837 (2) The department shall evaluate and prioritize the annual
838 grant proposals and present the annual prioritized list of
839 projects to be funded to the Governor and the Legislature as
840 part of its annual budget request submitted pursuant to chapter
841 216. Potential grant recipients are encouraged to demonstrate
842 local support for grant proposals by the commitment of cash or
843 in-kind matching funds.
844 (1)(3) The department shall develop a consolidated grant
845 program for small counties having populations fewer than
846 100,000, with grants to be distributed equally among eligible
847 counties. Programs to be supported with the small-county
848 consolidated grants include general solid waste management,
849 litter prevention and control, and recycling and education
850 programs.
851 (2)(4) The department shall develop a waste tire grant
852 program making grants available to all counties. The department
853 shall ensure that at least 25 percent of the funding available
854 for waste tire grants is distributed equally to each county
855 having a population fewer than 100,000. Of the remaining funds
856 distributed to counties having a population of 100,000 or
857 greater, the department shall distribute those funds on the
858 basis of population.
859 (3)(5) From the funds made available pursuant to s.
860 403.709(1)(e) for the grant program created by this section, the
861 following distributions shall be made:
862 (a) Up to 15 percent for the program described in
863 subsection (1);
864 (a)(b) Up to 50 35 percent for the program described in
865 subsection (1)(3); and
866 (b)(c) Up to 50 percent for the program described in
867 subsection (2)(4).
868 (4)(6) The department may adopt rules necessary to
869 administer this section, including, but not limited to, rules
870 governing timeframes for submitting grant applications, criteria
871 for prioritizing, matching criteria, maximum grant amounts, and
872 allocation of appropriated funds based upon project and
873 applicant size.
874 (7) Notwithstanding any provision of this section to the
875 contrary, and for the 2009-2010 fiscal year only, the Department
876 of Environmental Protection shall award the sum of $2,600,000 in
877 grants equally to counties having populations of fewer than
878 100,000 for waste tire and litter prevention, recycling
879 education, and general solid waste programs. This subsection
880 expires July 1, 2010.
881 (8)(a) Notwithstanding any provision of this section to the
882 contrary, and for the 2008-2009 fiscal year only, the Department
883 of Environmental Protection shall award:
884 1. The sum of $9,428,773 in grants equally to counties
885 having populations of fewer than 100,000 for waste tire and
886 litter prevention, recycling education, and general solid waste
887 programs.
888 2. The sum of $2,000,781 to be used for the Innovative
889 Grant Program.
890 (b) This subsection expires July 1, 2009.
891 Section 10. Subsection (1) of section 403.7145, Florida
892 Statutes, is amended, and subsections (3) and (4) are added to
893 that section, to read:
894 403.7145 Recycling.—
895 (1) The Capitol and the House and Senate office buildings
896 constitute the Capitol recycling area. The Florida House of
897 Representatives, the Florida Senate, and the Office of the
898 Governor, the Secretary of State, and each Cabinet officer who
899 heads a department that occupies office space in the Capitol,
900 shall institute a recycling program for their respective offices
901 in the House and Senate office buildings and the Capitol.
902 Provisions shall be made to collect and sell wastepaper and
903 empty aluminum beverage containers cans generated by employee
904 activities in these offices. The collection and sale of such
905 materials shall be reported to Leon County using the
906 department’s designated reporting format and coordinated with
907 Department of Management Services recycling activities to
908 maximize the efficiency and economy of this program. The
909 Governor, the Speaker of the House of Representatives, the
910 President of the Senate, the Secretary of State, and the Cabinet
911 officers may authorize the use of proceeds from recyclable
912 material sales for employee benefits and other purposes, in
913 order to provide incentives to their respective employees for
914 participation in the recycling program. Such proceeds may also
915 be used to offset any costs of the recycling program. As a
916 demonstration of leading by example, the Capitol Building’s
917 recycling rates shall be posted on the website of the Department
918 of Management Services and shall include the details of the
919 recycling rates for each Department of Management Services pool
920 facility. The Department of Environmental Protection shall post
921 recycling rates of each state-owned facility reported to the
922 Department of Management Services.
923 (3) The department shall develop and contract for an
924 innovative recycling pilot project for the Capitol recycling
925 area. The project shall be designed to collect recyclable
926 materials and create a more sustainable recycling system.
927 Components of the project shall be designed to increase
928 convenience, incentivize and measure participation, reduce
929 material volume, and assist in achieving the recycling goals
930 enumerated in s. 403.706.
931 (4) Each public airport operating in this state shall, to
932 the greatest extent practicable, collect beverage containers and
933 recyclable plastic and glass from the airlines and other
934 entities doing business at the airport and offer such materials
935 for recycling and may retain the economic benefit of these
936 activities to offset the costs associated with such collection.
937 Airport administration offices, airport vendors, and airlines
938 are encouraged to coordinate the collection of recyclable waste
939 to the greatest extent practicable. The provisions of this
940 subsection are not intended to interfere with any established
941 recycling activity.
942 Section 11. Paragraph (m) is added to subsection (1) of
943 section 553.77, Florida Statutes, to read:
944 553.77 Specific powers of the commission.—
945 (1) The commission shall:
946 (m) Develop recommendations that increase residential and
947 commercial recycling and composting, and strongly encourages the
948 use of recyclable materials and the recycling of construction
949 and demolition debris.
950 Section 12. Subsection (5) of section 403.7049, Florida
951 Statutes, is amended to read:
952 403.7049 Determination of full cost for solid waste
953 management; local solid waste management fees.—
954 (5) In order to assist in achieving the municipal solid
955 waste recycling reduction goal and the recycling provisions of
956 s. 403.706(2) s. 403.706(4), a county or a municipality which
957 owns or operates a solid waste management facility is hereby
958 authorized to charge solid waste disposal fees which may vary
959 based on a number of factors, including, but not limited to, the
960 amount, characteristics, and form of recyclable materials
961 present in the solid waste that is brought to the county’s or
962 the municipality’s facility for processing or disposal.
963 Section 13. Section 288.1185, Florida Statutes, is
964 repealed.
965 Section 14. This act shall take effect July 1, 2010.