HB 7243

1	A bill to be entitled
2	An act relating to environmental control; amending s.
3	288.9015, F.S.; requiring Enterprise Florida, Inc., to
4	provide technical assistance to the Department of
5	Environmental Protection in the creation of the Recycling
6	Business Assistance Center; amending s. 403.44, F.S.;
7	eliminating a greenhouse gas registration and reporting
8	requirement for major emitters; eliminating a requirement
9	for the Department of Environmental Protection to
10	establish methodologies, reporting periods, and reporting
11	systems relating to greenhouse gas emissions; amending s.
12	403.7032, F.S.; requiring all public entities and those
13	entities occupying buildings managed by the Department of
14	Management Services to report recycling data; providing
15	exceptions; encouraging certain private entities to report
16	the disposal of recyclable materials; requiring the
17	Department of Management Services to report on green and
18	recycled products purchased through its procurement
19	system; directing the Department of Environmental
20	Protection to create the Recycling Business Assistance
21	Center; providing requirements for the center; amending s.
22	403.7046, F.S., relating to regulation of recovered
23	materials; deleting a requirement that the Department of
24	Environmental Protection appoint a technical advisory
25	committee; revising reporting requirements; amending s.
26	403.7049, F.S.; conforming a cross-reference; amending s.
27	403.705, F.S.; conforming a cross-reference; requiring
28	that the Department of Environmental Protection report
29	biennially to the Legislature on the state's success in
30	meeting solid waste reduction goals; amending s. 403.706,
31	F.S.; requiring counties to meet specific recycling
32	benchmarks; providing legislative intent; requiring
33	certain multifamily residential and commercial properties
34	to provide recycling receptacles; authorizing the
35	Department of Environmental Protection to require counties
36	to develop a plan to expand recycling programs under
37	certain conditions; requiring the Department of
38	Environmental Protection to provide a report to the
39	Legislature if a specified recycling rate is not met;
40	eliminating a requirement that counties develop composting
41	goals; providing for waste-to-energy production to be
42	applied toward meeting recycling benchmarks; providing
43	exceptions; providing deadlines for the reporting of
44	recycling data; amending s. 403.7061, F.S.; revising
45	requirements for review of new waste-to-energy facility
46	capacity by the Department of Environmental Protection;
47	amending s. 403.707, F.S.; requiring liners for new
48	construction and demolition debris landfills; establishing
49	recycling rates for source-separation activities;
50	providing an exception; amending s. 403.709, F.S.;
51	conforming a cross-reference; amending s. 403.7095, F.S.;
52	revising provisions relating to the solid waste management
53	grant program; deleting provisions requiring the
54	Department of Environmental Protection to develop a
55	competitive and innovative grant program for certain
56	counties, municipalities, special districts, and nonprofit
57	organizations; deleting application requirements for such
58	grant program; deleting a requirement for the Department
59	of Environmental Protection to evaluate and prioritize
60	grant proposals for inclusion in its annual budget
61	request; revising the distribution of funds for the small-
62	county consolidated grant program; deleting obsolete
63	provisions; amending s. 403.7145, F.S.; revising recycling
64	requirements for certain state buildings; providing for a
65	pilot project for the Capitol recycling area; requiring
66	each public airport in the state to collect aluminum
67	beverage cans and recyclable plastic and glass from the
68	entities doing business at the airport and to offer such
69	materials for recycling; amending s. 533.77, F.S.;
70	requiring the Florida Building Commission to develop
71	specified recommendations relating to recycling and
72	composting and the use of recyclable materials; repealing
73	s. 288.1185, F.S., relating to the Recycling Markets
74	Advisory Committee; providing an effective date.
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  Subsection (9) is added to section 288.9015,
79	Florida Statutes, to read:
80	288.9015  Enterprise Florida, Inc.; purpose; duties.-
81	(9)  Enterprise Florida, Inc., shall provide technical
82	assistance to the Department of Environmental Protection in the
83	creation of the Recycling Business Assistance Center pursuant to
84	s. 403.7032(5). As the state's primary organization devoted to
85	statewide economic development, Enterprise Florida, Inc., is
86	encouraged to cooperate with the Department of Environmental
87	Protection to ensure that the Recycling Business Assistance
88	Center is positioned to succeed in helping to enhance and expand
89	existing markets for recyclable materials in this state, other
90	states, and foreign countries.
91	Section 2.  Subsections (5) through (8) of section 403.44,
92	Florida Statutes, are renumbered as subsections (3) through (6),
93	respectively, and present subsections (3) and (4) of that
94	section are amended to read:
95	403.44  Florida Climate Protection Act.-
96	(3)  A major emitter shall be required to use The Climate
97	Registry for purposes of emission registration and reporting.
98	(4)  The department shall establish the methodologies,
99	reporting periods, and reporting systems that shall be used when
100	major emitters report to The Climate Registry. The department
101	may require the use of quality-assured data from continuous
102	emissions monitoring systems.
103	Section 3.  Section 403.7032, Florida Statutes, is amended
104	to read:
105	403.7032  Recycling.-
106	(1)  The Legislature finds that the failure or inability to
107	economically recover material and energy resources from solid
108	waste results in the unnecessary waste and depletion of our
109	natural resources. As the state continues to grow, so will the
110	potential amount of discarded material that must be treated and
111	disposed of, necessitating the improvement of solid waste
112	collection and disposal. Therefore, the maximum recycling and
113	reuse of such resources are considered high-priority goals of
114	the state.
115	(2)  By the year 2020, the long-term goal for the recycling
116	efforts of state and local governmental entities, private
117	companies and organizations, and the general public is to
118	recycle at least 75 percent of the municipal solid waste that
119	would otherwise be reduce the amount of recyclable solid waste
120	disposed of in waste management facilities, landfills, or
121	incineration facilities by a statewide average of at least 75
122	percent. However, any solid waste used for the production of
123	renewable energy shall count toward the long-term recycling goal
124	as set forth in this part section.
125	(3)  All state agencies, K-12 public schools, public
126	institutions of higher learning, community colleges, and state
127	universities, all municipal, county, or other state entities
128	whose employees occupy buildings not owned by the municipality,
129	county, or state, and all entities occupying buildings that are
130	managed by the Department of Management Services must, at a
131	minimum, annually report all recycled materials to the county
132	using the department's designated reporting format. This
133	subsection does not apply to a fiscally constrained county, as
134	defined in s. 218.67(1), or to a municipality of special
135	financial concern, as defined in s. 200.185(1)(b), with a per
136	capita taxable value of assessed property that does not exceed
137	$58,000 or to any municipality with a population under 20,000
138	and a per capita taxable value of assessed property that does
139	not exceed $46,000. Private businesses, other than certified
140	recovered materials dealers, that recycle paper, metals, glass,
141	plastics, textiles, rubber materials, and mulch are encouraged
142	to annually report the amount of materials they recycle to the
143	county beginning January 1, 2011, using the department's
144	designated reporting format. Using the information provided, the
145	department shall recognize those private businesses that
146	demonstrate outstanding recycling efforts. Notwithstanding any
147	other provision of state or local law, private businesses, other
148	than certified recovered materials dealers, are not required to
149	report recycling rates.
150	(4)(3)  The Department of Environmental Protection shall
151	develop a comprehensive recycling program that is designed to
152	achieve the percentage under subsection (2) and submit the
153	program to the President of the Senate and the Speaker of the
154	House of Representatives by January 1, 2010. The program may not
155	be implemented until approved by the Legislature. The program
156	must be developed in coordination with input from state and
157	local entities, private businesses, and the public. Under the
158	program, recyclable materials shall include, but are not limited
159	to, metals, paper, glass, plastic, textile, rubber materials,
160	and mulch. Components of the program shall include, but are not
161	limited to:
162	(a)  Programs to identify environmentally preferable
163	purchasing practices to encourage the purchase of recycled,
164	durable, and less toxic goods. The Department of Management
165	Services shall modify its procurement system to report on green
166	and recycled products purchased through the system by September
167	30, 2011.
168	(b)  Programs to educate students in grades K-12 in the
169	benefits of, and proper techniques for, recycling.
170	(c)  Programs for statewide recognition of successful
171	recycling efforts by schools, businesses, public groups, and
172	private citizens.
173	(d)  Programs for municipalities and counties to develop
174	and implement efficient recycling efforts to return valuable
175	materials to productive use, conserve energy, and protect
176	natural resources.
177	(e)  Programs by which the department can provide technical
178	assistance to municipalities and counties in support of their
179	recycling efforts.
180	(f)  Programs to educate and train the public in proper
181	recycling efforts.
182	(g)  Evaluation of how financial assistance can best be
183	provided to municipalities and counties in support of their
184	recycling efforts.
185	(h)  Evaluation of why existing waste management and
186	recycling programs in the state have not been better used.
187	(5)  The Department of Environmental Protection shall
188	create the Recycling Business Assistance Center by December 1,
189	2010. In carrying out its duties under this subsection, the
190	department shall consult with state agency personnel appointed
191	to serve as economic development liaisons under s. 288.021 and
192	seek technical assistance from Enterprise Florida, Inc., to
193	ensure the Recycling Business Assistance Center is positioned to
194	succeed. The purpose of the center shall be to serve as the
195	mechanism for coordination among state agencies and the private
196	sector in order to coordinate policy and overall strategic
197	planning for developing new markets and expanding and enhancing
198	existing markets for recyclable materials in this state, other
199	states, and foreign countries. The duties of the center must
200	include, at a minimum:
201	(a)  Identifying and developing new markets and expanding
202	and enhancing existing markets for recyclable materials.
203	(b)  Pursuing expanded end uses for recycled materials.
204	(c)  Targeting materials for concentrated market-
205	development efforts.
206	(d)  Developing proposals for new incentives for market
207	development, particularly focusing on targeted materials.
208	(e)  Providing guidance on issues such as permitting,
209	finance options for recycling market development, site location,
210	research and development, grant program criteria for recycled
211	materials markets, recycling markets education and information,
212	and minimum content.
213	(f)  Coordinating the efforts of various governmental
214	entities having market-development responsibilities in order to
215	optimize supply and demand for recyclable materials.
216	(g)  Evaluating source-reduced products as they relate to
217	state procurement policy. The evaluation shall include, but is
218	not limited to, the environmental and economic impact of source-
219	reduced product purchases to the state. For the purposes of this
220	paragraph, the term "source-reduced" means any method, process,
221	product, or technology that significantly or substantially
222	reduces the volume or weight of a product while providing, at a
223	minimum, equivalent or generally similar performance and service
224	to and for the users of such materials.
225	(h)  Providing evaluation of solid waste management grants,
226	pursuant to s. 403.7095, to reduce the flow of solid waste to
227	disposal facilities and encourage the sustainable recovery of
228	materials from Florida's waste stream.
229	(i)  Providing below-market financing for companies that
230	manufacture products from recycled materials or convert
231	recyclable materials into raw materials for use in manufacturing
232	pursuant to the Florida Recycling Loan Program as administered
233	by the Florida First Capital Finance Corporation.
234	(j)  Maintaining a continuously updated online directory
235	listing the public and private entities that collect, transport,
236	broker, process, or remanufacture recyclable materials in the
237	state.
238	(k)  Providing information on the availability and benefits
239	of using recycled materials to private entities and industries
240	in the state.
241	(l)  Distributing any materials prepared in implementing
242	this subsection to the public, private entities, industries,
243	governmental entities, or other organizations upon request.
244	(m)  Coordinating with the Agency for Workforce Innovation
245	and its partners to provide job-placement and job-training
246	services to job seekers through the state's workforce services
247	programs.
248	Section 4.  Subsection (1) of section 403.7046, Florida
249	Statutes, is amended to read:
250	403.7046  Regulation of recovered materials.-
251	(1)  Any person who handles, purchases, receives, recovers,
252	sells, or is an end user of recovered materials shall annually
253	certify to the department on forms provided by the department.
254	The department may by rule exempt from this requirement
255	generators of recovered materials; persons who handle or sell
256	recovered materials as an activity which is incidental to the
257	normal primary business activities of that person; or persons
258	who handle, purchase, receive, recover, sell, or are end users
259	of recovered materials in small quantities as defined by the
260	department. The department shall adopt rules for the
261	certification of and reporting by such persons and shall
262	establish criteria for revocation of such certification. Prior
263	to the adoption of such rules, the department shall appoint a
264	technical advisory committee of no more than nine persons,
265	including, at a minimum, representatives of the Florida
266	Association of Counties, the Florida League of Cities, the
267	Florida Recyclers Association, and the Florida Chapter of the
268	National Solid Waste Management Association, to aid in the
269	development of such rules. Such rules shall be designed to
270	elicit, at a minimum, the amount and types of recovered
271	materials handled by registrants, and the amount and disposal
272	site, or name of person with whom such disposal was arranged, of
273	any solid waste generated by such facility. By February 1 of
274	each year, registrants shall report all required information to
275	the department and to all counties from which it received
276	materials. Such rules may provide for the department to conduct
277	periodic inspections. The department may charge a fee of up to
278	$50 for each registration, which shall be deposited into the
279	Solid Waste Management Trust Fund for implementation of the
280	program.
281	Section 5.  Subsection (5) of section 403.7049, Florida
282	Statutes, is amended to read:
283	403.7049  Determination of full cost for solid waste
284	management; local solid waste management fees.-
285	(5)  In order to assist in achieving the municipal solid
286	waste reduction goal and the recycling provisions of s.
287	403.706(2) s. 403.706(4), a county or a municipality which owns
288	or operates a solid waste management facility is hereby
289	authorized to charge solid waste disposal fees which may vary
290	based on a number of factors, including, but not limited to, the
291	amount, characteristics, and form of recyclable materials
292	present in the solid waste that is brought to the county's or
293	the municipality's facility for processing or disposal.
294	Section 6.  Paragraph (c) of subsection (2) and subsection
295	(3) of section 403.705, Florida Statutes, are amended to read:
296	403.705  State solid waste management program.-
297	(2)  The state solid waste management program shall
298	include, at a minimum:
299	(c)  Planning guidelines and technical assistance to
300	counties and municipalities to aid in meeting the municipal
301	solid waste reduction goals established in s. 403.706(2) s.
302	403.706(4).
303	(3)  The department shall periodically seek information
304	from counties to evaluate and report biennially to the President
305	of the Senate and the Speaker of the House of Representatives on
306	the state's success in meeting the solid waste reduction goal as
307	described in s. 403.706(2).
308	Section 7.  Subsections (2), (4), (6), (7), and (21) of
309	section 403.706, Florida Statutes, are amended to read:
310	403.706  Local government solid waste responsibilities.-
311	(2)(a)  Each county shall implement a recyclable materials
312	recycling program that shall have a goal of recycling recyclable
313	solid waste by 40 percent by December 31, 2012, 50 percent by
314	December 31, 2014, 60 percent by December 31, 2016, 70 percent
315	by December 31, 2018, and 75 percent by December 31, 2020.
316	Counties and municipalities are encouraged to form cooperative
317	arrangements for implementing recycling programs.
318	(b)  In order to assist counties in attaining the goals set
319	forth in paragraph (a), the Legislature finds that the recycling
320	of construction and demolition debris fulfills an important
321	state interest. Therefore, each county must implement a program
322	for recycling construction and demolition debris.
323	(c)  All commercial and multifamily construction projects,
324	including, but not limited to, apartment complexes, which begin
325	construction on or after July 1, 2010, where counties provide
326	litter receptacles, must provide an opportunity for the tenants
327	and owners to recycle, including, if necessary, designated space
328	for the placement of recycling receptacles.
329	(d)  If, by January 1 of 2013, 2015, 2017, 2019, or 2021,
330	the county, as determined by the department in accordance with
331	applicable rules, has not reached the recycling goals as set
332	forth in paragraph (a), the department may direct the county to
333	develop a plan to expand recycling programs to existing
334	commercial and multifamily dwellings, including, but not limited
335	to, apartment complexes.
336	(e)  If the state's recycling rate for the 2013 calendar
337	year is below 40 percent, below 50 percent by January 1, 2015,
338	below 60 percent by January 1, 2017, below 70 percent by January
339	1, 2019, or below 75 percent by January 1, 2021, the department
340	shall provide a report to the President of the Senate and the
341	Speaker of the House of Representatives. The report shall
342	identify those additional programs or statutory changes needed
343	to achieve the goals set forth in paragraph (a). The report
344	shall be provided no later than 30 days prior to the beginning
345	of the Regular Session of the Legislature. The department is not
346	required to provide a report to the Legislature if the state
347	reaches its recycling goals as described in this paragraph.
348	(f)(b)  Such programs shall be designed to recover a
349	significant portion of at least four of the following materials
350	from the solid waste stream prior to final disposal at a solid
351	waste disposal facility and to offer these materials for
352	recycling: newspaper, aluminum cans, steel cans, glass, plastic
353	bottles, cardboard, office paper, and yard trash. Local
354	governments which operate permitted waste-to-energy facilities
355	may retrieve ferrous and nonferrous metal as a byproduct of
356	combustion.
357	(g)(c)  Local governments are encouraged to separate all
358	plastics, metal, and all grades of paper for recycling prior to
359	final disposal and are further encouraged to recycle yard trash
360	and other mechanically treated solid waste into compost
361	available for agricultural and other acceptable uses.
362	(h)  The department shall adopt rules establishing the
363	method and criteria to be used by a county in calculating the
364	recycling rates pursuant to this subsection.
365	(d)  By July 1, 2010, each county shall develop and
366	implement a plan to achieve a goal to compost organic materials
367	that would otherwise be disposed of in a landfill. The goal
368	shall provide that up to 10 percent and no less than 5 percent
369	of organic material would be composted within the county and the
370	municipalities within its boundaries. The department may reduce
371	or modify the compost goal if the county demonstrates to the
372	department that achievement of the goal would be impractical
373	given the county's unique demographic, urban density, or
374	inability to separate normally compostable material from the
375	solid waste stream. The composting plan is encouraged to address
376	partnership with the private sector.
377	(i)(e)  Each county is encouraged to consider plans for
378	composting or mulching organic materials that would otherwise be
379	disposed of in a landfill. The composting or mulching plans are
380	encouraged to address partnership with the private sector.
381	(4)(a)  In order to promote the production of renewable
382	energy from solid waste, each megawatt-hour produced by a
383	renewable energy facility using solid waste as a fuel shall
384	count as 1 ton of recycled material and shall be applied toward
385	meeting the recycling goals set forth in this section. If a
386	county creating renewable energy from solid waste implements and
387	maintains a program to recycle at least 50 percent of municipal
388	solid waste by a means other than creating renewable energy,
389	that county shall count 2 tons of recycled material for each
390	megawatt-hour produced. If waste originates from a county other
391	than the county in which the renewable energy facility resides,
392	the originating county shall receive such recycling credit. Any
393	county that has a debt service payment related to its waste-to-
394	energy facility shall receive 1 ton of recycled materials credit
395	for each ton of solid waste processed at the facility. Any
396	byproduct resulting from the creation of renewable energy does
397	not count as waste. A county's solid waste management and
398	recycling programs shall be designed to provide for sufficient
399	reduction of the amount of solid waste generated within the
400	county and the municipalities within its boundaries in order to
401	meet goals for the reduction of municipal solid waste prior to
402	the final disposal or the incineration of such waste at a solid
403	waste disposal facility. The goals shall provide, at a minimum,
404	that the amount of municipal solid waste that would be disposed
405	of within the county and the municipalities within its
406	boundaries is reduced by at least 30 percent.
407	(b)  A county may receive credit for one-half of the
408	recycling goal set forth in subsection (2) for waste reduction
409	from the use of yard trash, or other clean wood waste or paper
410	waste, in innovative programs including, but not limited to,
411	programs that produce alternative clean-burning fuels such as
412	ethanol or that provide for the conversion of yard trash or
413	other clean wood waste or paper waste to clean-burning fuel for
414	the production of energy for use at facilities other than a
415	waste-to-energy facility as defined in s. 403.7061. The
416	provisions of this paragraph apply only if a county can
417	demonstrate that:
418	1.  The county has implemented a yard trash mulching or
419	composting program, and
420	2.  As part of the program, compost and mulch made from
421	yard trash is available to the general public and in use at
422	county-owned or maintained and municipally owned or maintained
423	facilities in the county and state agencies operating in the
424	county as required by this section.
425	(c)  A county with a population of 100,000 or less or a
426	municipality with a population of 50,000 or less may provide its
427	residents with the opportunity to recycle in lieu of achieving
428	the goal set forth in this section paragraph (a). For the
429	purposes of this section subsection, the "opportunity to
430	recycle" means that the county:
431	1.a.  Provides a system for separating and collecting
432	recyclable materials prior to disposal that is located at a
433	solid waste management facility or solid waste disposal area; or
434	b.  Provides a system of places within the county for
435	collection of source-separated recyclable materials.
436	2.  Provides a public education and promotion program that
437	is conducted to inform its residents of the opportunity to
438	recycle, encourages source separation of recyclable materials,
439	and promotes the benefits of reducing, reusing, recycling, and
440	composting materials.
441	(6)  The department may reduce or modify the municipal
442	solid waste recycling reduction goal that a county is required
443	to achieve pursuant to subsection (2) (4) if the county
444	demonstrates to the department that:
445	(a)  The achievement of the goal set forth in subsection
446	(2) (4) would have an adverse effect on the financial
447	obligations of a county that are directly related to a waste-to-
448	energy facility owned or operated by or on behalf of the county;
449	and
450	(b)  The county cannot remove normally combustible
451	materials from solid waste that is to be processed at a waste-
452	to-energy facility because of the need to maintain a sufficient
453	amount of solid waste to ensure the financial viability of the
454	facility.
455
456	The goal shall not be waived entirely and may only be reduced or
457	modified to the extent necessary to alleviate the adverse
458	effects of achieving the goal on the financial viability of a
459	county's waste-to-energy facility. Nothing in this subsection
460	shall exempt a county from developing and implementing a
461	recycling program pursuant to this act.
462	(7)  In order to assess the progress in meeting the goal
463	set forth established in subsection (2) (4), each county shall,
464	by April 1 November each year, provide information to the
465	department regarding its annual solid waste management program
466	and recycling activities.
467	(a)  The information submitted to the department by the
468	county must, at a minimum, include:
469	1.(a)  The amount of municipal solid waste disposed of at
470	solid waste disposal facilities, by type of waste such as yard
471	trash, white goods, clean debris, tires, and unseparated solid
472	waste;
473	2.(b)  The amount and type of materials from the municipal
474	solid waste stream that were recycled; and
475	3.(c)  The percentage of the population participating in
476	various types of recycling activities instituted.
477	(b)  Beginning with the data for the 2012 calendar year,
478	the department shall by July 1 each year post on its website the
479	recycling rates of each county for the prior calendar year.
480	(21)  Local governments are authorized to enact ordinances
481	that require and direct all residential properties, multifamily
482	dwellings, and apartment complexes and industrial, commercial,
483	and institutional establishments as defined by the local
484	government to establish programs for the separation of
485	recyclable materials designated by the local government, which
486	recyclable materials are specifically intended for purposes of
487	recycling and for which a market exists, and to provide for
488	their collection. Such ordinances may include, but are not
489	limited to, provisions that prohibit any person from knowingly
490	disposing of recyclable materials designated by the local
491	government and that ensure the collection of recovered materials
492	as necessary to protect public health and safety.
493	Section 8.  Paragraphs (d) through (i) of subsection (3) of
494	section 403.7061, Florida Statutes, are redesignated as
495	paragraphs (c) through (h), respectively, and present paragraph
496	(c) of that subsection is amended to read:
497	403.7061  Requirements for review of new waste-to-energy
498	facility capacity by the Department of Environmental
499	Protection.-
500	(3)  An applicant must provide reasonable assurance that
501	the construction of a new waste-to-energy facility or the
502	expansion of an existing waste-to-energy facility will comply
503	with the following criteria:
504	(c)  The county in which the facility is located has
505	implemented and maintains a solid waste management and recycling
506	program that is designed to achieve the waste reduction goal set
507	forth in s. 403.706(4). For the purposes of this section, the
508	provisions of s. 403.706(4)(c) for counties having populations
509	of 100,000 or fewer do not apply.
510	Section 9.  Subsection (9) of section 403.707, Florida
511	Statutes, is amended to read:
512	403.707  Permits.-
513	(9)  The department shall establish a separate category for
514	solid waste management facilities that accept only construction
515	and demolition debris for disposal or recycling. The department
516	shall establish a reasonable schedule for existing facilities to
517	comply with this section to avoid undue hardship to such
518	facilities. However, a permitted solid waste disposal unit that
519	receives a significant amount of waste prior to the compliance
520	deadline established in this schedule shall not be required to
521	be retrofitted with liners or leachate control systems.
522	(a)  The department shall establish reasonable
523	construction, operation, monitoring, recordkeeping, financial
524	assurance, and closure requirements for such facilities. The
525	department shall take into account the nature of the waste
526	accepted at various facilities when establishing these
527	requirements, and may impose less stringent requirements,
528	including a system of general permits or registration
529	requirements, for facilities that accept only a segregated waste
530	stream which is expected to pose a minimal risk to the
531	environment and public health, such as clean debris. The
532	Legislature recognizes that incidental amounts of other types of
533	solid waste are commonly generated at construction or demolition
534	projects. In any enforcement action taken pursuant to this
535	section, the department shall consider the difficulty of
536	removing these incidental amounts from the waste stream.
537	(b)  The department shall not require liners and leachate
538	collection systems at individual disposal units and lateral
539	expansions of existing disposal units that have not received a
540	department permit authorizing construction or operation before
541	July 1, 2010 facilities unless it demonstrates, based upon the
542	types of waste received, the methods for controlling types of
543	waste disposed of, the proximity of groundwater and surface
544	water, and the results of the hydrogeological and geotechnical
545	investigations, that the facility is reasonably expected to
546	result in violations of groundwater standards and criteria
547	otherwise.
548	(c)  The owner or operator shall provide financial
549	assurance for closing of the facility in accordance with the
550	requirements of s. 403.7125. The financial assurance shall cover
551	the cost of closing the facility and 5 years of long-term care
552	after closing, unless the department determines, based upon
553	hydrogeologic conditions, the types of wastes received, or the
554	groundwater monitoring results, that a different long-term care
555	period is appropriate. However, unless the owner or operator of
556	the facility is a local government, the escrow account described
557	in s. 403.7125(2) may not be used as a financial assurance
558	mechanism.
559	(d)  The department shall establish training requirements
560	for operators of facilities, and shall work with the State
561	University System or other providers to assure that adequate
562	training courses are available. The department shall also assist
563	the Florida Home Builders Association in establishing a
564	component of its continuing education program to address proper
565	handling of construction and demolition debris, including best
566	management practices for reducing contamination of the
567	construction and demolition debris waste stream.
568	(e)  The issuance of a permit under this subsection does
569	not obviate the need to comply with all applicable zoning and
570	land use regulations.
571	(f)  A permit is not required under this section for the
572	disposal of construction and demolition debris on the property
573	where it is generated, but such property must be covered,
574	graded, and vegetated as necessary when disposal is complete.
575	(g)  By January 1, 2012, the amount of construction and
576	demolition debris processed and recycled prior to disposal at a
577	permitted materials recovery facility or at any other permitted
578	disposal facility shall be reported by the county of origin to
579	the department and to the county on an annual basis in
580	accordance with rules adopted by the department. The rules shall
581	establish criteria to ensure accurate and consistent reporting
582	for purposes of determining the recycling rate in s. 403.706
583	and shall also require that, to the extent economically
584	feasible, all construction and demolition debris must be
585	processed prior to disposal, either at a permitted materials
586	recovery facility or at a permitted disposal facility. This
587	paragraph does not apply to recovered materials, any materials
588	that have been source separated and offered for recycling, or
589	materials that have been previously processed. It is the policy
590	of the Legislature to encourage facilities to recycle. The
591	department shall establish criteria and guidelines that
592	encourage recycling where practical and provide for the use of
593	recycled materials in a manner that protects the public health
594	and the environment. Facilities are authorized to recycle,
595	provided such activities do not conflict with such criteria and
596	guidelines.
597	(h)  The department shall ensure that the requirements of
598	this section are applied and interpreted consistently throughout
599	the state. In accordance with s. 20.255, the Division of Waste
600	Management shall direct the district offices and bureaus on
601	matters relating to the interpretation and applicability of this
602	section.
603	(i)  The department shall provide notice of receipt of a
604	permit application for the initial construction of a
605	construction and demolition debris disposal facility to the
606	local governments having jurisdiction where the facility is to
607	be located.
608	(j)  The Legislature recognizes that recycling, waste
609	reduction, and resource recovery are important aspects of an
610	integrated solid waste management program and as such are
611	necessary to protect the public health and the environment. If
612	necessary to promote such an integrated program, the county may
613	determine, after providing notice and an opportunity for a
614	hearing prior to April 30, 2008, that some or all of the
615	material described in s. 403.703(6)(b) shall be excluded from
616	the definition of "construction and demolition debris" in s.
617	403.703(6) within the jurisdiction of such county. The county
618	may make such a determination only if it finds that, prior to
619	June 1, 2007, the county has established an adequate method for
620	the use or recycling of such wood material at an existing or
621	proposed solid waste management facility that is permitted or
622	authorized by the department on June 1, 2007. The county is not
623	required to hold a hearing if the county represents that it
624	previously has held a hearing for such purpose, or if the county
625	represents that it previously has held a public meeting or
626	hearing that authorized such method for the use or recycling of
627	trash or other nonputrescible waste materials and that such
628	materials include those materials described in s. 403.703(6)(b).
629	The county shall provide written notice of its determination to
630	the department by no later than April 30, 2008; thereafter, the
631	materials described in s. 403.703(6) shall be excluded from the
632	definition of "construction and demolition debris" in s.
633	403.703(6) within the jurisdiction of such county. The county
634	may withdraw or revoke its determination at any time by
635	providing written notice to the department.
636	(k)  Brazilian pepper and other invasive exotic plant
637	species as designated by the department resulting from
638	eradication projects may be processed at permitted construction
639	and demolition debris recycling facilities or disposed of at
640	permitted construction and demolition debris disposal facilities
641	or Class III facilities. The department may adopt rules to
642	implement this paragraph.
643	Section 10.  Paragraph (e) of subsection (1) of section
644	403.709, Florida Statutes, is amended to read:
645	403.709  Solid Waste Management Trust Fund; use of waste
646	tire fees.-There is created the Solid Waste Management Trust
647	Fund, to be administered by the department.
648	(1)  From the annual revenues deposited in the trust fund,
649	unless otherwise specified in the General Appropriations Act:
650	(e)  A minimum of 40 percent shall be used for funding a
651	solid waste management competitive and innovative grant program
652	pursuant to s. 403.7095 for activities relating to recycling and
653	waste reduction, including waste tires requiring final disposal.
654	Section 11.  Section 403.7095, Florida Statutes, is amended
655	to read:
656	403.7095  Solid waste management grant program.-
657	(1)  The department shall develop a competitive and
658	innovative grant program for counties, municipalities, special
659	districts, and nonprofit organizations that have legal
660	responsibility for the provision of solid waste management
661	services. For purposes of this program, "innovative" means that
662	the process, technology, or activity for which funding is sought
663	has not previously been implemented within the jurisdiction of
664	the applicant. The applicant must:
665	(a)  Demonstrate technologies or processes that represent a
666	novel application of an existing technology or process to
667	recycle or reduce waste, or that overcome obstacles to recycling
668	or waste reduction in new or innovative ways;
669	(b)  Demonstrate innovative processes to collect and
670	recycle or reduce materials targeted by the department and the
671	recycling industry; or
672	(c)  Demonstrate effective solutions to solving solid waste
673	problems resulting from waste tires, particularly in the areas
674	of enforcement and abatement of illegal tire dumping and
675	activities to promote market development of waste tire products.
676
677	Because the Legislature recognizes that input from the recycling
678	industry is essential to the success of this grant program, the
679	department shall cooperate with private sector entities to
680	develop a process and define specific criteria for allowing
681	their participation with grant recipients.
682	(2)  The department shall evaluate and prioritize the
683	annual grant proposals and present the annual prioritized list
684	of projects to be funded to the Governor and the Legislature as
685	part of its annual budget request submitted pursuant to chapter
686	216. Potential grant recipients are encouraged to demonstrate
687	local support for grant proposals by the commitment of cash or
688	in-kind matching funds.
689	(1)(3)  The department shall develop a consolidated grant
690	program for small counties having populations fewer than
691	100,000, with grants to be distributed equally among eligible
692	counties. Programs to be supported with the small-county
693	consolidated grants include general solid waste management,
694	litter prevention and control, and recycling and education
695	programs.
696	(2)(4)  The department shall develop a waste tire grant
697	program making grants available to all counties. The department
698	shall ensure that at least 25 percent of the funding available
699	for waste tire grants is distributed equally to each county
700	having a population fewer than 100,000. Of the remaining funds
701	distributed to counties having a population of 100,000 or
702	greater, the department shall distribute those funds on the
703	basis of population.
704	(3)(5)  From the funds made available pursuant to s.
705	403.709(1)(e) for the grant program created by this section, the
706	following distributions shall be made:
707	(a)  Up to 15 percent for the program described in
708	subsection (1);
709	(a)(b)  Up to 50 35 percent for the program described in
710	subsection (1) (3); and
711	(b)(c)  Up to 50 percent for the program described in
712	subsection (2) (4).
713	(4)(6)  The department may adopt rules necessary to
714	administer this section, including, but not limited to, rules
715	governing timeframes for submitting grant applications, criteria
716	for prioritizing, matching criteria, maximum grant amounts, and
717	allocation of appropriated funds based upon project and
718	applicant size.
719	(7)  Notwithstanding any provision of this section to the
720	contrary, and for the 2009-2010 fiscal year only, the Department
721	of Environmental Protection shall award the sum of $2,600,000 in
722	grants equally to counties having populations of fewer than
723	100,000 for waste tire and litter prevention, recycling
724	education, and general solid waste programs. This subsection
725	expires July 1, 2010.
726	(8)(a)  Notwithstanding any provision of this section to
727	the contrary, and for the 2008-2009 fiscal year only, the
728	Department of Environmental Protection shall award:
729	1.  The sum of $9,428,773 in grants equally to counties
730	having populations of fewer than 100,000 for waste tire and
731	litter prevention, recycling education, and general solid waste
732	programs.
733	2.  The sum of $2,000,781 to be used for the Innovative
734	Grant Program.
735	(b)  This subsection expires July 1, 2009.
736	Section 12.  Subsection (1) of section 403.7145, Florida
737	Statutes, is amended, and subsections (3) and (4) are added to
738	that section, to read:
739	403.7145  Recycling.-
740	(1)  The Capitol and the House and Senate office buildings
741	constitute the Capitol recycling area. The Florida House of
742	Representatives, the Florida Senate, and the Office of the
743	Governor, the Secretary of State, and each Cabinet officer who
744	heads a department that occupies office space in the Capitol,
745	shall institute a recycling program for their respective offices
746	in the House and Senate office buildings and the Capitol.
747	Provisions shall be made to collect and sell wastepaper and
748	empty aluminum beverage containers cans generated by employee
749	activities in these offices. The collection and sale of such
750	materials shall be reported to Leon County using the
751	department's designated reporting format and coordinated with
752	Department of Management Services recycling activities to
753	maximize the efficiency and economy of this program. The
754	Governor, the Speaker of the House of Representatives, the
755	President of the Senate, the Secretary of State, and the Cabinet
756	officers may authorize the use of proceeds from recyclable
757	material sales for employee benefits and other purposes, in
758	order to provide incentives to their respective employees for
759	participation in the recycling program. Such proceeds may also
760	be used to offset any costs of the recycling program. As a
761	demonstration of leading by example, the Capitol Building's
762	recycling rates shall be posted on the website of the Department
763	of Management Services and shall include the details of the
764	recycling rates for each Department of Management Services pool
765	facility. The Department of Environmental Protection shall post
766	recycling rates of each state-owned facility reported to the
767	Department of Management Services.
768	(3)  Prior to awarding any grants pursuant to s. 403.7095,
769	the department shall develop and contract for an innovative
770	recycling pilot project for the Capitol recycling area. The
771	project shall be designed to collect recyclable materials and
772	create a more sustainable recycling system. Components of the
773	project shall be designed to increase convenience, incentivize
774	and measure participation, reduce material volume, and assist in
775	achieving the recycling goals enumerated in s. 403.706.
776	(4)  Each public airport operating in this state shall, to
777	the greatest extent practicable, collect aluminum beverage cans
778	and recyclable plastic and glass from the airlines and other
779	entities doing business at the airport and offer such materials
780	for recycling and may retain the economic benefit of these
781	activities to offset the costs associated with such collection.
782	Airport administration offices, airport vendors, and airlines
783	are encouraged to coordinate the collection of recyclable waste
784	to the greatest extent practicable. The provisions of this
785	subsection are not intended to interfere with any established
786	recycling activity.
787	Section 13.  Paragraph (m) is added to subsection (1) of
788	section 553.77, Florida Statutes, to read:
789	553.77  Specific powers of the commission.-
790	(1)  The commission shall:
791	(m)  Develop recommendations that increase residential and
792	commercial recycling and composting and strongly encourage the
793	use of recyclable materials and the recycling of construction
794	and demolition debris.
795	Section 14.  Section 288.1185, Florida Statutes, is
796	repealed.
797	Section 15.  This act shall take effect July 1, 2010.

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