Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 996
       
       
       
       
       
       
                                Ì752760&Î752760                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2020           .                                
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       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