Florida Senate - 2024 CS for SB 1126
By the Committee on Commerce and Tourism; and Senator Martin
577-02159-24 20241126c1
1 A bill to be entitled
2 An act relating to regulation of auxiliary containers;
3 amending s. 403.703, F.S.; defining the term
4 “auxiliary container”; conforming cross-references;
5 amending s. 403.7033, F.S.; deleting obsolete
6 provisions requiring the Department of Environmental
7 Protection to review and update a specified report;
8 expressly preempting the regulation of auxiliary
9 containers to the state; amending s. 403.707, F.S.;
10 conforming cross-references; providing an effective
11 date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Present subsections (2) through (48) of section
16 403.703, Florida Statutes, are redesignated as subsections (3)
17 through (49), respectively, a new subsection (2) is added to
18 that section, and present subsection (35) of that section is
19 amended, to read:
20 403.703 Definitions.—As used in this part, the term:
21 (2) “Auxiliary container” means a reusable or single-use
22 bag, cup, bottle, or other packaging that meets both of the
23 following requirements:
24 (a) Is made of cloth; paper; plastic, including, but not
25 limited to, foamed plastic, expanded plastic, or polystyrene;
26 cardboard; molded fiber; corrugated material; aluminum; glass;
27 postconsumer recycled material; or similar material or
28 substrates, including coated, laminated, or multilayer
29 substrates.
30 (b) Is designed for transporting, consuming, or protecting
31 merchandise, food, or beverages from or at a public food service
32 establishment as defined in s. 509.013(5), a food establishment
33 as defined in s. 500.03(1), or a retailer as defined in s.
34 212.02(13).
35 (36)(35) “Solid waste” means sludge unregulated under the
36 federal Clean Water Act or Clean Air Act, sludge from a waste
37 treatment works, water supply treatment plant, or air pollution
38 control facility, or garbage, rubbish, refuse, special waste, or
39 other discarded material, including solid, liquid, semisolid, or
40 contained gaseous material resulting from domestic, industrial,
41 commercial, mining, agricultural, or governmental operations.
42 Recovered materials as defined in subsection (29) (28) and post
43 use polymers as defined in subsection (25) (24) are not solid
44 waste.
45 Section 2. Section 403.7033, Florida Statutes, is amended
46 to read:
47 403.7033 Preemption of regulation for auxiliary containers
48 Departmental analysis of particular recyclable materials.—The
49 Legislature finds that prudent regulation of recyclable
50 materials is crucial to the ongoing welfare of Florida’s ecology
51 and economy. As such, the Department of Environmental Protection
52 shall review and update its 2010 report on retail bags analyzing
53 the need for new or different regulation of auxiliary
54 containers, wrappings, or disposable plastic bags used by
55 consumers to carry products from retail establishments. The
56 updated report must include input from state and local
57 government agencies, stakeholders, private businesses, and
58 citizens and must evaluate the efficacy and necessity of both
59 statewide and local regulation of these materials. To ensure
60 consistent and effective implementation, the department shall
61 submit the updated report with conclusions and recommendations
62 to the Legislature no later than December 31, 2021. Until such
63 time that the Legislature adopts the recommendations of the
64 department, A local government, local governmental agency, or
65 state governmental agency may not enact any rule, regulation, or
66 ordinance regarding use, disposition, sale, prohibition,
67 restriction, or tax of such auxiliary containers. The regulation
68 of auxiliary containers is expressly preempted to the state,
69 wrappings, or disposable plastic bags.
70 Section 3. Paragraph (j) of subsection (9) of section
71 403.707, Florida Statutes, is amended to read:
72 403.707 Permits.—
73 (9) The department shall establish a separate category for
74 solid waste management facilities that accept only construction
75 and demolition debris for disposal or recycling. The department
76 shall establish a reasonable schedule for existing facilities to
77 comply with this section to avoid undue hardship to such
78 facilities. However, a permitted solid waste disposal unit that
79 receives a significant amount of waste prior to the compliance
80 deadline established in this schedule shall not be required to
81 be retrofitted with liners or leachate control systems.
82 (j) The Legislature recognizes that recycling, waste
83 reduction, and resource recovery are important aspects of an
84 integrated solid waste management program and as such are
85 necessary to protect the public health and the environment. If
86 necessary to promote such an integrated program, the county may
87 determine, after providing notice and an opportunity for a
88 hearing prior to April 30, 2008, that some or all of the
89 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
90 excluded from the definition of “construction and demolition
91 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
92 of such county. The county may make such a determination only if
93 it finds that, prior to June 1, 2007, the county has established
94 an adequate method for the use or recycling of such wood
95 material at an existing or proposed solid waste management
96 facility that is permitted or authorized by the department on
97 June 1, 2007. The county is not required to hold a hearing if
98 the county represents that it previously has held a hearing for
99 such purpose, or if the county represents that it previously has
100 held a public meeting or hearing that authorized such method for
101 the use or recycling of trash or other nonputrescible waste
102 materials and that such materials include those materials
103 described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
104 provide written notice of its determination to the department by
105 no later than April 30, 2008; thereafter, the materials
106 described in s. 403.703(7) s. 403.703(6) shall be excluded from
107 the definition of “construction and demolition debris” in s.
108 403.703(7) s. 403.703(6) within the jurisdiction of such county.
109 The county may withdraw or revoke its determination at any time
110 by providing written notice to the department.
111 Section 4. This act shall take effect July 1, 2024.