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

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