Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for CS for SB 1822
Ì727458NÎ727458
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/25/2025 01:31 PM .
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Senator Martin moved the following:
1 Senate Amendment
2
3 Delete lines 141 - 255
4 and insert:
5 within a 1.5-mile radius of a hospital as defined in s.
6 395.002(12). The 1.5-mile radius must be measured from the stack
7 of the facility. This subsection applies only to a county as
8 defined in s. 125.011(1).
9 (5)(a)(4)(a) In order to promote the production of
10 renewable energy from solid waste, each megawatt-hour produced
11 by a renewable energy facility using solid waste as a fuel shall
12 count as 1 ton of recycled material and shall be applied toward
13 meeting the recycling goals set forth in this section. If a
14 county creating renewable energy from solid waste implements and
15 maintains a program to recycle at least 50 percent of municipal
16 solid waste by a means other than creating renewable energy,
17 that county shall count 1.25 tons of recycled material for each
18 megawatt-hour produced. If waste originates from a county other
19 than the county in which the renewable energy facility resides,
20 the originating county shall receive such recycling credit. Any
21 byproduct resulting from the creation of renewable energy that
22 is recycled shall count towards the county recycling goals in
23 accordance with the methods and criteria developed pursuant to
24 paragraph (3)(h) (2)(h).
25 (b) A county may receive credit for one-half of the
26 recycling goal set forth in subsection (3) (2) from the use of
27 yard trash, or other clean wood waste or paper waste, in
28 innovative programs including, but not limited to, programs that
29 produce alternative clean-burning fuels such as ethanol or that
30 provide for the conversion of yard trash or other clean wood
31 waste or paper waste to clean-burning fuel for the production of
32 energy for use at facilities other than a waste-to-energy
33 facility as defined in s. 403.7061. The provisions of this
34 paragraph apply only if a county can demonstrate that:
35 1. The county has implemented a yard trash mulching or
36 composting program, and
37 2. As part of the program, compost and mulch made from yard
38 trash is available to the general public and in use at county
39 owned or maintained and municipally owned or maintained
40 facilities in the county and state agencies operating in the
41 county as required by this section.
42 (c) A county with a population of 100,000 or less may
43 provide its residents with the opportunity to recycle in lieu of
44 achieving the goal set forth in this section. For the purposes
45 of this section, the “opportunity to recycle” means that the
46 county:
47 1.a. Provides a system for separating and collecting
48 recyclable materials prior to disposal that is located at a
49 solid waste management facility or solid waste disposal area; or
50 b. Provides a system of places within the county for
51 collection of source-separated recyclable materials.
52 2. Provides a public education and promotion program that
53 is conducted to inform its residents of the opportunity to
54 recycle, encourages source separation of recyclable materials,
55 and promotes the benefits of reducing, reusing, recycling, and
56 composting materials.
57 (7)(6) The department may reduce or modify the municipal
58 solid waste recycling goal that a county is required to achieve
59 pursuant to subsection (3) (2) if the county demonstrates to the
60 department that:
61 (a) The achievement of the goal set forth in subsection (3)
62 (2) would have an adverse effect on the financial obligations of
63 a county that are directly related to a waste-to-energy facility
64 owned or operated by or on behalf of the county; and
65 (b) The county cannot remove normally combustible materials
66 from solid waste that is to be processed at a waste-to-energy
67 facility because of the need to maintain a sufficient amount of
68 solid waste to ensure the financial viability of the facility.
69
70 The goal shall not be waived entirely and may only be reduced or
71 modified to the extent necessary to alleviate the adverse
72 effects of achieving the goal on the financial viability of a
73 county’s waste-to-energy facility. Nothing in this subsection
74 shall exempt a county from developing and implementing a
75 recycling program pursuant to this act.
76 (8)(7) In order to assess the progress in meeting the goal
77 set forth in subsection (3) (2), each county shall, by April 1
78 each year, provide information to the department regarding its
79 annual solid waste management program and recycling activities.
80 (a) The information submitted to the department by the
81 county must, at a minimum, include:
82 1. The amount of municipal solid waste disposed of at solid
83 waste disposal facilities, by type of waste such as yard trash,
84 white goods, clean debris, tires, and unseparated solid waste;
85 2. The amount and type of materials from the municipal
86 solid waste stream that were recycled; and
87 3. The percentage of the population participating in
88 various types of recycling activities instituted.
89 (b) Beginning with the data for the 2012 calendar year, the
90 department shall by July 1 each year post on its website the
91 recycling rates of each county for the prior calendar year.
92 (21)(20) In addition to any other penalties provided by
93 law, a local government that does not comply with the
94 requirements of subsections (3) and (5) is (2) and (4) shall not
95 be eligible for grants from the Solid Waste Management Trust
96 Fund, and the department may notify the Chief Financial Officer
97 to withhold payment of all or a portion of funds payable to the
98 local government by the department from the General Revenue Fund
99 or by the department from any other state fund, to the extent
100 not pledged to retire bonded indebtedness, unless the local
101 government demonstrates that good faith efforts to meet the
102 requirements of subsections (3) and (5) (2) and (4) have been
103 made or that the funds are being or will be used to finance the
104 correction of a pollution control problem that spans
105 jurisdictional boundaries.
106 Section 4. Present subsections (6) through (14) of section
107 403.707, Florida Statutes, are redesignated as subsections (7)
108 through (15), respectively, a new subsection (6) is added to
109 that section, and paragraph (j) of present subsection (9) of
110 that section is amended, to read:
111 403.707 Permits.—
112 (6) The department may not issue a construction permit
113 pursuant to this section for a new solid waste disposal facility
114 that uses an ash-producing incinerator or for a waste-to-energy
115 facility, if the proposed location of such facility is sited
116 within a 1.5-mile radius of a hospital as defined in s.
117 395.002(12). The 1.5-mile radius must be measured from the