Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1822
       
       
       
       
       
       
                                Ì442264%Î442264                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2025           .                                
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       The Committee on Community Affairs (Martin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 34 - 109
    4  and insert:
    5  (7)(6) “Construction and demolition debris” means discarded
    6  materials generally considered to be not water-soluble and
    7  nonhazardous in nature, including, but not limited to, steel,
    8  glass, brick, concrete, asphalt roofing material, pipe, gypsum
    9  wallboard, and lumber, from the construction or destruction of a
   10  structure as part of a construction or demolition project or
   11  from the renovation of a structure, and includes rocks, soils,
   12  tree remains, trees, and other vegetative matter that normally
   13  results from land clearing or land development operations for a
   14  construction project, including such debris from construction of
   15  structures at a site remote from the construction or demolition
   16  project site. Mixing of construction and demolition debris with
   17  other types of solid waste will cause the resulting mixture to
   18  be classified as other than construction and demolition debris.
   19  The term also includes:
   20         (a) Clean cardboard, paper, plastic, wood, and metal scraps
   21  from a construction project;
   22         (b) Except as provided in s. 403.707(10)(j) s.
   23  403.707(9)(j), yard trash and unpainted, nontreated wood scraps
   24  and wood pallets from sources other than construction or
   25  demolition projects;
   26         (c) Scrap from manufacturing facilities which is the type
   27  of material generally used in construction projects and which
   28  would meet the definition of construction and demolition debris
   29  if it were generated as part of a construction or demolition
   30  project. This includes debris from the construction of
   31  manufactured homes and scrap shingles, wallboard, siding
   32  concrete, and similar materials from industrial or commercial
   33  facilities; and
   34         (d) De minimis amounts of other nonhazardous wastes that
   35  are generated at construction or destruction projects, provided
   36  such amounts are consistent with best management practices of
   37  the industry.
   38         (8)(7) “County,” or any like term, means a political
   39  subdivision of the state established pursuant to s. 1, Art. VIII
   40  of the State Constitution and, when s. 403.706(20) s.
   41  403.706(19) applies, means a special district or other entity.
   42         (22)(21) “Municipality,” or any like term, means a
   43  municipality created pursuant to general or special law
   44  authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
   45  the State Constitution and, when s. 403.706(20) s. 403.706(19)
   46  applies, means a special district or other entity.
   47         (36)(35) “Solid waste” means sludge unregulated under the
   48  federal Clean Water Act or Clean Air Act, sludge from a waste
   49  treatment works, water supply treatment plant, or air pollution
   50  control facility, or garbage, rubbish, refuse, special waste, or
   51  other discarded material, including solid, liquid, semisolid, or
   52  contained gaseous material resulting from domestic, industrial,
   53  commercial, mining, agricultural, or governmental operations.
   54  Recovered materials as defined in subsection (29) (28) and post
   55  use polymers as defined in subsection (25) (24) are not solid
   56  waste.
   57         Section 2. Section 403.7033, Florida Statutes, is amended
   58  to read:
   59         403.7033 Preemption of regulation for auxiliary containers
   60  Departmental analysis of particular recyclable materials.—The
   61  Legislature finds that prudent regulation of recyclable
   62  materials is crucial to the ongoing welfare of Florida’s ecology
   63  and economy. As such, the Department of Environmental Protection
   64  shall review and update its 2010 report on retail bags analyzing
   65  the need for new or different regulation of auxiliary
   66  containers, wrappings, or disposable plastic bags used by
   67  consumers to carry products from retail establishments. The
   68  updated report must include input from state and local
   69  government agencies, stakeholders, private businesses, and
   70  citizens and must evaluate the efficacy and necessity of both
   71  statewide and local regulation of these materials. To ensure
   72  consistent and effective implementation, the department shall
   73  submit the updated report with conclusions and recommendations
   74  to the Legislature no later than December 31, 2021. Until such
   75  time that the Legislature adopts the recommendations of the
   76  department, A local government, local governmental agency, or
   77  state governmental agency may not enact any rule, regulation, or
   78  ordinance regarding the use, disposition, sale, prohibition,
   79  restriction, or tax of such auxiliary containers. The regulation
   80  of auxiliary containers is expressly preempted to the state,
   81  wrappings, or disposable plastic bags.
   82         Section 3. Present subsections (2) through (23) of section
   83  403.706, Florida Statutes, are redesignated as subsections (3)
   84  through (24), respectively, a new subsection (2) is added to
   85  that section, and present subsections (4), (6), (7), and (20) of
   86  that section are amended, to read:
   87         403.706 Local government solid waste responsibilities.—
   88         (2)A local government may not issue a construction permit
   89  pursuant to this section for a new solid waste disposal facility
   90  that uses an ash-producing incinerator or for a waste-to-energy
   91  facility, if the proposed location of such facility is sited
   92  within a one mile radius of any school or any property zoned for
   93  residential use which has a density of one or more dwelling
   94  units per acre. The one-mile radius must be measured from the
   95  stack of the facility. This subsection applies only to a county
   96  as defined in s. 125.011(1).
   97         (5)(a)(4)(a) In order to promote the production of
   98  renewable energy from solid waste, each megawatt-hour produced
   99  by a renewable energy facility using solid waste as a fuel shall
  100  count as 1 ton of recycled material and shall be applied toward
  101  meeting the recycling goals set forth in this section. If a
  102  county creating renewable energy from solid waste implements and
  103  maintains a program to recycle at least 50 percent of municipal
  104  solid waste by a means other than creating renewable energy,
  105  that county shall count 1.25 tons of recycled material for each
  106  megawatt-hour produced. If waste originates from a county other
  107  than the county in which the renewable energy facility resides,
  108  the originating county shall receive such recycling credit. Any
  109  byproduct resulting from the creation of renewable energy that
  110  is recycled shall count towards the county recycling goals in
  111  accordance with the methods and criteria developed pursuant to
  112  paragraph (3)(h) (2)(h).
  113         (b) A county may receive credit for one-half of the
  114  recycling goal set forth in subsection (3) (2) from the use of
  115  yard trash, or other clean wood waste or paper waste, in
  116  innovative programs including, but not limited to, programs that
  117  produce alternative clean-burning fuels such as ethanol or that
  118  provide for the conversion of yard trash or other clean wood
  119  waste or paper waste to clean-burning fuel for the production of
  120  energy for use at facilities other than a waste-to-energy
  121  facility as defined in s. 403.7061. The provisions of this
  122  paragraph apply only if a county can demonstrate that:
  123         1. The county has implemented a yard trash mulching or
  124  composting program, and
  125         2. As part of the program, compost and mulch made from yard
  126  trash is available to the general public and in use at county
  127  owned or maintained and municipally owned or maintained
  128  facilities in the county and state agencies operating in the
  129  county as required by this section.
  130         (c) A county with a population of 100,000 or less may
  131  provide its residents with the opportunity to recycle in lieu of
  132  achieving the goal set forth in this section. For the purposes
  133  of this section, the “opportunity to recycle” means that the
  134  county:
  135         1.a. Provides a system for separating and collecting
  136  recyclable materials prior to disposal that is located at a
  137  solid waste management facility or solid waste disposal area; or
  138         b. Provides a system of places within the county for
  139  collection of source-separated recyclable materials.
  140         2. Provides a public education and promotion program that
  141  is conducted to inform its residents of the opportunity to
  142  recycle, encourages source separation of recyclable materials,
  143  and promotes the benefits of reducing, reusing, recycling, and
  144  composting materials.
  145         (7)(6) The department may reduce or modify the municipal
  146  solid waste recycling goal that a county is required to achieve
  147  pursuant to subsection (3) (2) if the county demonstrates to the
  148  department that:
  149         (a) The achievement of the goal set forth in subsection (3)
  150  (2) would have an adverse effect on the financial obligations of
  151  a county that are directly related to a waste-to-energy facility
  152  owned or operated by or on behalf of the county; and
  153         (b) The county cannot remove normally combustible materials
  154  from solid waste that is to be processed at a waste-to-energy
  155  facility because of the need to maintain a sufficient amount of
  156  solid waste to ensure the financial viability of the facility.
  157  
  158  The goal shall not be waived entirely and may only be reduced or
  159  modified to the extent necessary to alleviate the adverse
  160  effects of achieving the goal on the financial viability of a
  161  county’s waste-to-energy facility. Nothing in this subsection
  162  shall exempt a county from developing and implementing a
  163  recycling program pursuant to this act.
  164         (8)(7) In order to assess the progress in meeting the goal
  165  set forth in subsection (3) (2), each county shall, by April 1
  166  each year, provide information to the department regarding its
  167  annual solid waste management program and recycling activities.
  168         (a) The information submitted to the department by the
  169  county must, at a minimum, include:
  170         1. The amount of municipal solid waste disposed of at solid
  171  waste disposal facilities, by type of waste such as yard trash,
  172  white goods, clean debris, tires, and unseparated solid waste;
  173         2. The amount and type of materials from the municipal
  174  solid waste stream that were recycled; and
  175         3. The percentage of the population participating in
  176  various types of recycling activities instituted.
  177         (b) Beginning with the data for the 2012 calendar year, the
  178  department shall by July 1 each year post on its website the
  179  recycling rates of each county for the prior calendar year.
  180         (21)(20) In addition to any other penalties provided by
  181  law, a local government that does not comply with the
  182  requirements of subsections (3) and (5) is (2) and (4) shall not
  183  be eligible for grants from the Solid Waste Management Trust
  184  Fund, and the department may notify the Chief Financial Officer
  185  to withhold payment of all or a portion of funds payable to the
  186  local government by the department from the General Revenue Fund
  187  or by the department from any other state fund, to the extent
  188  not pledged to retire bonded indebtedness, unless the local
  189  government demonstrates that good faith efforts to meet the
  190  requirements of subsections (3) and (5) (2) and (4) have been
  191  made or that the funds are being or will be used to finance the
  192  correction of a pollution control problem that spans
  193  jurisdictional boundaries.
  194         Section 4. Present subsections (6) through (14) of section
  195  403.707, Florida Statutes, are redesignated as subsections (7)
  196  through (15), respectively, a new subsection (6) is added to
  197  that section, and paragraph (j) of present subsection (9) of
  198  that section is amended, to read:
  199         403.707 Permits.—
  200         (6) The department may not issue a construction permit
  201  pursuant to this section for a new solid waste disposal facility
  202  that uses an ash-producing incinerator or for a waste-to-energy
  203  facility, if the proposed location of such facility is sited
  204  within a one mile radius of any school or any property zoned for
  205  residential use which has a density of one or more dwelling
  206  units per acre. The one-mile radius must be measured from the
  207  stack of the facility. This subsection applies only to a county
  208  as defined in s. 125.011(1).
  209         (10)(9) The department shall establish a separate category
  210  for solid waste management facilities that accept only
  211  construction and demolition debris for disposal or recycling.
  212  The department shall establish a reasonable schedule for
  213  existing facilities to comply with this section to avoid undue
  214  hardship to such facilities. However, a permitted solid waste
  215  disposal unit that receives a significant amount of waste prior
  216  to the compliance deadline established in this schedule shall
  217  not be required to be retrofitted with liners or leachate
  218  control systems.
  219         (j) The Legislature recognizes that recycling, waste
  220  reduction, and resource recovery are important aspects of an
  221  integrated solid waste management program and as such are
  222  necessary to protect the public health and the environment. If
  223  necessary to promote such an integrated program, the county may
  224  determine, after providing notice and an opportunity for a
  225  hearing prior to April 30, 2008, that some or all of the
  226  material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
  227  excluded from the definition of “construction and demolition
  228  debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
  229  of such county. The county may make such a determination only if
  230  it finds that, prior to June 1, 2007, the county has established
  231  an adequate method for the use or recycling of such wood
  232  material at an existing or proposed solid waste management
  233  facility that is permitted or authorized by the department on
  234  June 1, 2007. The county is not required to hold a hearing if
  235  the county represents that it previously has held a hearing for
  236  such purpose, or if the county represents that it previously has
  237  held a public meeting or hearing that authorized such method for
  238  the use or recycling of trash or other nonputrescible waste
  239  materials and that such materials include those materials
  240  described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
  241  provide written notice of its determination to the department by
  242  no later than April 30, 2008; thereafter, the materials
  243  described in s. 403.703(7) s. 403.703(6) shall be excluded from
  244  the definition of “construction and demolition debris” in s.
  245  403.703(7) s. 403.703(6) within the jurisdiction of such county.
  246  The county may withdraw or revoke its determination at any time
  247  by providing written notice to the department.
  248         Section 5. Subsection (5) of section 403.7049, Florida
  249  Statutes, is amended to read:
  250         403.7049 Determination of full cost for solid waste
  251  management; local solid waste management fees.—
  252         (5) In order to assist in achieving the municipal solid
  253  waste reduction goal and the recycling provisions of s.
  254  403.706(3) s. 403.706(2), a county or a municipality which owns
  255  or operates a solid waste management facility is hereby
  256  authorized to charge solid waste disposal fees which may vary
  257  based on a number of factors, including, but not limited to, the
  258  amount, characteristics, and form of recyclable materials
  259  present in the solid waste that is brought to the county’s or
  260  the municipality’s facility for processing or disposal.
  261         Section 6. Paragraph (c) of subsection (2) and subsection
  262  (3) of section 403.705, Florida Statutes, are amended to read:
  263         403.705 State solid waste management program.—
  264         (2) The state solid waste management program shall include,
  265  at a minimum:
  266         (c) Planning guidelines and technical assistance to
  267  counties and municipalities to aid in meeting the municipal
  268  solid waste recycling goals established in s. 403.706(3) s.
  269  403.706(2).
  270         (3) The department shall evaluate and report biennially to
  271  the President of the Senate and the Speaker of the House of
  272  Representatives on the state’s success in meeting the solid
  273  waste recycling goal as described in s. 403.706(3) s.
  274  403.706(2).
  275  
  276  ================= T I T L E  A M E N D M E N T ================
  277  And the title is amended as follows:
  278         Delete lines 2 - 10
  279  and insert:
  280         An act relating to waste management; amending s.
  281         403.703, F.S.; defining the term “auxiliary
  282         container”; conforming cross-references; amending s.
  283         403.7033, F.S.; deleting obsolete provisions that
  284         provide legislative findings and require the
  285         Department of Environmental Protection to review and
  286         update a specified report; prohibiting the local
  287         regulation of auxiliary containers; preempting such
  288         regulation to the state; amending ss. 403.706 and
  289         403.707, F.S.; prohibiting a local government from
  290         issuing a construction permit for certain solid waste
  291         disposal facilities in certain counties; providing
  292         applicability; conforming a provision to changes made
  293         by the act; conforming cross-references; amending ss.
  294         403.7049 and 403.705, F.S.; conforming cross
  295         references; providing an effective date.