Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 996 Ì752760&Î752760 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/10/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environment and Natural Resources (Albritton) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 17 - 21 4 and insert: 5 Section 1. Subsections (23) and (24) are added to section 6 403.706, Florida Statutes, to read: 7 403.706 Local government solid waste responsibilities.— 8 (23) A fiscally constrained county, as defined in s. 9 218.67(1), is exempt from the goals and requirements of this 10 section. This subsection expires July 1, 2035. 11 (24)(a) The Legislature finds that local governments, 12 regional solid waste management authorities, and government 13 owned and privately owned waste management entities face 14 significant challenges in meeting this state’s waste recycling 15 goals, as provided in subsection (2), due to a variety of 16 factors, including the diversity and magnitude of the waste 17 stream and the ever-changing global demand and market conditions 18 for recyclable materials. These factors make it necessary to 19 investigate other options for the management of recyclable 20 material resources to ensure the protection of the environment, 21 as well as limit the cost to the residents of this state for 22 solid waste collection and disposal. 23 (b) A recycled materials management pilot project is 24 created for Polk County, in coordination with the University of 25 Florida, to identify sustainable, environmentally responsible, 26 and cost-effective collection, storage, and retention methods 27 for recyclable materials which have limited economic or 28 industrial utility, but retain their potential to be 29 reintroduced into the market through an economically viable 30 recycling process. 31 (c) Polk County may join with one or more counties, 32 municipalities, special districts, publicly owned or privately 33 owned waste utilities, multijurisdictional water management 34 entities, or other entities in carrying out the pilot program 35 and may contract with other entities to finance or otherwise 36 implement the operation and maintenance of the pilot program. 37 The contracts may provide for contributions to be made by each 38 party to the contract for the division and apportionment of 39 resulting costs, including operations and maintenance, benefits, 40 services, and products. The contracts may contain other 41 covenants and agreements necessary and appropriate to accomplish 42 their purposes. The Legislature will not provide any funding 43 assistance for the pilot program. However, this section may not 44 be construed so as to limit or prevent the University of Florida 45 or any other state entity wishing to participate in the pilot 46 program from providing in-kind services in furtherance of the 47 goals of the pilot program. 48 (d) During the term of the pilot program, Polk County is 49 exempt from meeting the goals and requirements set forth in this 50 section. 51 (e) Polk County shall periodically communicate and 52 collaborate with the department regarding specific objectives of 53 the pilot program, progress made in achieving such objectives, 54 and any conclusions that may be drawn from the program. 55 (f) Polk County shall submit a report to the Governor, the 56 President of the Senate, and the Speaker of the House of 57 Representatives by July 1, 2025, regarding the conclusions of 58 the pilot program. The report must include all of the following 59 information: 60 1. A description of the pilot program, including a summary 61 of its goals and an overview of the methodology used to identify 62 the specific recyclable materials that were determined to 63 provide the greatest environmental benefit and opportunity for 64 retention and later reintroduction to the recyclable materials 65 market. 66 2. An overview of the methodology implemented to segregate 67 the recyclable materials of greatest environmental benefit while 68 minimizing the handling and processing of recyclable materials 69 of low environmental benefit. 70 3. Any progress made in developing and implementing the 71 pilot program in comparison to the development and 72 implementation of other processes currently being used for the 73 collection, disposal, or reuse of the same recyclable materials. 74 4. The capital and operating costs Polk County estimates it 75 would expend to fully implement any economically feasible 76 recycling and solid waste management practices revealed by the 77 pilot program in comparison to the same estimated costs it would 78 expend to fully implement other alternative recycling and solid 79 waste management practices that counties, municipalities, or 80 special districts have implemented in this state. 81 5. The source of funds used in developing and implementing 82 the pilot program. 83 6. The benefits to Polk County and this state from 84 implementation of any economically viable recycling and solid 85 waste management practices revealed by the pilot program. 86 7. A recommendation as to whether any economically viable 87 recycling and solid waste management practices revealed by the 88 pilot program should be available as an acceptable alternative 89 to the traditional processes that counties, municipalities, or 90 special districts have used to manage recyclable materials and, 91 if so, identification of the statutory changes necessary to do 92 so. 93 (g) The pilot program and this subsection shall expire July 94 1, 2025. 95 Section 2. Paragraphs (a) and (c) of subsection (3) of 96 section 403.70605, Florida Statutes, are amended to read: 97 403.70605 Solid waste collection services in competition 98 with private companies.— 99 (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.— 100 (a) As used in this subsection, the term “displacement” 101 means a local government’s provision of a collection service 102 which prohibits a private company from continuing to provide the 103 same service that it was providing when the decision to displace 104 was made. The term does not include: 105 1. Competition between the public sector and private 106 companies for individual contracts; 107 2. Actions by which a local government, at the end of a 108 contract with a private company or at the end of any franchise a 109 local government has granted to a private company, refuses to 110 renew the contract or franchise and either awards the contract 111 or grants a franchise to another private company or companies or 112 decides for any reason to provide the collection service itself; 113 3. Actions taken against a private company because the 114 company has acted in a manner threatening to the public health 115 or safety or resulting in a substantial public nuisance; 116 4. Actions taken against a private company because the 117 company has materially breached its contract with the local 118 government; 119 5. Refusal by a private company to continue operations 120 under the terms and conditions of its existing agreement during 121 the 3-year notice period; 122 6. Entering into a contract with a private company to 123 provide garbage, trash, or refuse collection which contract is 124 not entered into under an ordinance that displaces or authorizes 125 the displacement of another private company providing garbage, 126 trash, or refuse collection; 127 7. Situations in which a majority of the property owners in 128 the displacement area petition the governing body to take over 129 the collection service; 130 8. Situations in which the private companies are 131 franchised, licensed, or permitted to do business within the 132 local government for a limited time and such franchise, license, 133 or permit expires and is not renewed by the local government. 134 This subparagraph does not apply to licensing or permitting 135 processes enacted after May 1, 1999, or to occupational 136 licenses; or 137 9. Annexations, but only to the extent that the provisions 138 of s. 171.062(4) apply. 139 140 ================= T I T L E A M E N D M E N T ================ 141 And the title is amended as follows: 142 Delete lines 2 - 3 143 and insert: 144 An act relating to local government waste programs; 145 amending s. 403.706, F.S.; exempting fiscally 146 constrained counties from certain local government 147 recycling goals and requirements; providing an 148 expiration date for the exemption; providing 149 legislative findings; creating a recycled materials 150 management pilot program for Polk County, in 151 coordination with the University of Florida, for a 152 specified purpose; authorizing the county to 153 collaborate with other local governmental and private 154 entities to carry out and finance the pilot program; 155 exempting Polk County from specified recycling 156 provisions while participating in the pilot program; 157 requiring Polk County to communicate and collaborate 158 with the Department of Environmental Protection for 159 certain purposes; requiring Polk County to submit a 160 report containing specified information to the 161 Governor and the Legislature by a specified date; 162 providing for expiration of the pilot program; 163 amending s. 403.70605, F.S.; revising the definition 164 of the term “displacement”; requiring a