Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for CS for SB 1822
Ì763802ÈÎ763802
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/25/2025 02:36 PM .
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Senator Martin moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 81 - 322
4 and insert:
5 of the State Constitution and, when s. 403.706(21) s.
6 403.706(19) applies, means a special district or other entity.
7 (22)(21) “Municipality,” or any like term, means a
8 municipality created pursuant to general or special law
9 authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
10 the State Constitution and, when s. 403.706(21) s. 403.706(19)
11 applies, means a special district or other entity.
12 (36)(35) “Solid waste” means sludge unregulated under the
13 federal Clean Water Act or Clean Air Act, sludge from a waste
14 treatment works, water supply treatment plant, or air pollution
15 control facility, or garbage, rubbish, refuse, special waste, or
16 other discarded material, including solid, liquid, semisolid, or
17 contained gaseous material resulting from domestic, industrial,
18 commercial, mining, agricultural, or governmental operations.
19 Recovered materials as defined in subsection (29) (28) and post
20 use polymers as defined in subsection (25) (24) are not solid
21 waste.
22 Section 2. Section 403.7033, Florida Statutes, is amended
23 to read:
24 403.7033 Preemption of regulation for auxiliary containers
25 Departmental analysis of particular recyclable materials.—The
26 Legislature finds that prudent regulation of recyclable
27 materials is crucial to the ongoing welfare of Florida’s ecology
28 and economy. As such, the Department of Environmental Protection
29 shall review and update its 2010 report on retail bags analyzing
30 the need for new or different regulation of auxiliary
31 containers, wrappings, or disposable plastic bags used by
32 consumers to carry products from retail establishments. The
33 updated report must include input from state and local
34 government agencies, stakeholders, private businesses, and
35 citizens and must evaluate the efficacy and necessity of both
36 statewide and local regulation of these materials. To ensure
37 consistent and effective implementation, the department shall
38 submit the updated report with conclusions and recommendations
39 to the Legislature no later than December 31, 2021. Until such
40 time that the Legislature adopts the recommendations of the
41 department,
42 (1) The regulation of auxiliary containers is expressly
43 preempted to the state. A local government, local governmental
44 agency, or state governmental agency may not enact or enforce
45 any rule, regulation, or ordinance regarding the use,
46 disposition, sale, prohibition, restriction, or tax of such
47 auxiliary containers unless explicitly permitted by law.
48 (2) Rules, regulations, or ordinances restricting the use
49 of glass auxiliary containers within the boundaries of any
50 public beach are explicitly permitted.
51 (3) The Division of Recreation and Parks of the Department
52 of Environmental Protection may regulate auxiliary containers
53 within state parks consistent with its grant of authority in s.
54 258.004, wrappings, or disposable plastic bags.
55 Section 3. Present subsections (2) through (23) of section
56 403.706, Florida Statutes, are redesignated as subsections (4)
57 through (25), respectively, new subsections (2) and (3) are
58 added to that section, and present subsections (4), (6), (7),
59 and (20) of that section are amended, to read:
60 403.706 Local government solid waste responsibilities.—
61 (2) A local government may not issue a construction permit
62 pursuant to this section for a new solid waste disposal facility
63 that uses an ash-producing incinerator or for a waste-to-energy
64 facility, if the proposed location of such facility is sited
65 within a 1-mile radius of any school or any property zoned for
66 residential use which has a density of one or more dwelling
67 units per acre. The 1-mile radius must be measured from the
68 stack of the facility. This subsection applies only to a county
69 as defined in s. 125.011(1).
70 (3) A local government may not issue a construction permit
71 pursuant to this section for the expansion of any existing
72 landfill that was permitted on or before the date on which the
73 United States Environmental Protection Agency was established,
74 and that is located within a 1-mile radius of any property zoned
75 residential unless the entirety of the site is compliant with
76 the department’s environmental standards.
77 (a) A feasibility study must be conducted before the
78 issuance of a permit to expand the existing landfill. The
79 feasibility study must do all of the following:
80 1. Identify potential waste-to-energy technologies and
81 processes that reduce landfill dependence and greenhouse gas
82 emissions, including, but not limited to, anaerobic digestion,
83 plasma arc technology, and mixed waste processing; and
84 2. Evaluate the financial costs of such technologies and
85 processes and the benefits of local siting and government
86 ownership.
87 3. Evaluate the technical feasibility of expansion,
88 considering engineering requirements, infrastructure needs,
89 technological advancements, and regulatory compliance.
90 4. Evaluate relevant and appropriate data and analysis,
91 such as surveys, studies, community goals and vision, and data
92 used in preparing the comprehensive plan, from professionally
93 accepted sources.
94 5. Identify and evaluate potential risks and challenges
95 associated with the project.
96 (b) A permit to expand an existing landfill may not be
97 issued without a feasibility study conducted pursuant to
98 paragraph (a).
99 (c) The local government shall review and discuss in a
100 public meeting the results of the feasibility study and provide
101 a rationale for expanding the landfill.
102 (6)(a)(4)(a) In order to promote the production of
103 renewable energy from solid waste, each megawatt-hour produced
104 by a renewable energy facility using solid waste as a fuel shall
105 count as 1 ton of recycled material and shall be applied toward
106 meeting the recycling goals set forth in this section. If a
107 county creating renewable energy from solid waste implements and
108 maintains a program to recycle at least 50 percent of municipal
109 solid waste by a means other than creating renewable energy,
110 that county shall count 1.25 tons of recycled material for each
111 megawatt-hour produced. If waste originates from a county other
112 than the county in which the renewable energy facility resides,
113 the originating county shall receive such recycling credit. Any
114 byproduct resulting from the creation of renewable energy that
115 is recycled shall count towards the county recycling goals in
116 accordance with the methods and criteria developed pursuant to
117 paragraph (4)(h) (2)(h).
118 (b) A county may receive credit for one-half of the
119 recycling goal set forth in subsection (4) (2) from the use of
120 yard trash, or other clean wood waste or paper waste, in
121 innovative programs including, but not limited to, programs that
122 produce alternative clean-burning fuels such as ethanol or that
123 provide for the conversion of yard trash or other clean wood
124 waste or paper waste to clean-burning fuel for the production of
125 energy for use at facilities other than a waste-to-energy
126 facility as defined in s. 403.7061. The provisions of this
127 paragraph apply only if a county can demonstrate that:
128 1. The county has implemented a yard trash mulching or
129 composting program, and
130 2. As part of the program, compost and mulch made from yard
131 trash is available to the general public and in use at county
132 owned or maintained and municipally owned or maintained
133 facilities in the county and state agencies operating in the
134 county as required by this section.
135 (c) A county with a population of 100,000 or less may
136 provide its residents with the opportunity to recycle in lieu of
137 achieving the goal set forth in this section. For the purposes
138 of this section, the “opportunity to recycle” means that the
139 county:
140 1.a. Provides a system for separating and collecting
141 recyclable materials prior to disposal that is located at a
142 solid waste management facility or solid waste disposal area; or
143 b. Provides a system of places within the county for
144 collection of source-separated recyclable materials.
145 2. Provides a public education and promotion program that
146 is conducted to inform its residents of the opportunity to
147 recycle, encourages source separation of recyclable materials,
148 and promotes the benefits of reducing, reusing, recycling, and
149 composting materials.
150 (8)(6) The department may reduce or modify the municipal
151 solid waste recycling goal that a county is required to achieve
152 pursuant to subsection (4) (2) if the county demonstrates to the
153 department that:
154 (a) The achievement of the goal set forth in subsection (4)
155 (2) would have an adverse effect on the financial obligations of
156 a county that are directly related to a waste-to-energy facility
157 owned or operated by or on behalf of the county; and
158 (b) The county cannot remove normally combustible materials
159 from solid waste that is to be processed at a waste-to-energy
160 facility because of the need to maintain a sufficient amount of
161 solid waste to ensure the financial viability of the facility.
162
163 The goal shall not be waived entirely and may only be reduced or
164 modified to the extent necessary to alleviate the adverse
165 effects of achieving the goal on the financial viability of a
166 county’s waste-to-energy facility. Nothing in this subsection
167 shall exempt a county from developing and implementing a
168 recycling program pursuant to this act.
169 (9)(7) In order to assess the progress in meeting the goal
170 set forth in subsection (4) (2), each county shall, by April 1
171 each year, provide information to the department regarding its
172 annual solid waste management program and recycling activities.
173 (a) The information submitted to the department by the
174 county must, at a minimum, include:
175 1. The amount of municipal solid waste disposed of at solid
176 waste disposal facilities, by type of waste such as yard trash,
177 white goods, clean debris, tires, and unseparated solid waste;
178 2. The amount and type of materials from the municipal
179 solid waste stream that were recycled; and
180 3. The percentage of the population participating in
181 various types of recycling activities instituted.
182 (b) Beginning with the data for the 2012 calendar year, the
183 department shall by July 1 each year post on its website the
184 recycling rates of each county for the prior calendar year.
185 (22)(20) In addition to any other penalties provided by
186 law, a local government that does not comply with the
187 requirements of subsections (4) and (6) is (2) and (4) shall not
188 be eligible for grants from the Solid Waste Management Trust
189 Fund, and the department may notify the Chief Financial Officer
190 to withhold payment of all or a portion of funds payable to the
191 local government by the department from the General Revenue Fund
192 or by the department from any other state fund, to the extent
193 not pledged to retire bonded indebtedness, unless the local
194 government demonstrates that good faith efforts to meet the
195 requirements of subsections (4) and (6) (2) and (4) have been
196 made or that the funds are being or will be used to finance the
197 correction of a pollution control problem that spans
198 jurisdictional boundaries.
199 Section 4. Present subsections (6) through (14) of section
200 403.707, Florida Statutes, are redesignated as subsections (8)
201 through (16), respectively, new subsections (6) and (7) are
202 added to that section, and paragraph (j) of present subsection
203 (9) of that section is amended, to read:
204 403.707 Permits.—
205 (6) The department may not issue a construction permit
206 pursuant to this section for a new solid waste disposal facility
207 that uses an ash-producing incinerator or for a waste-to-energy
208 facility, if the proposed location of such facility is sited
209 within a 1-mile radius of any school or any property zoned for
210 residential use which has a density of one or more dwelling
211 units per acre. The 1-mile radius must be measured from the
212 stack of the facility. This subsection applies only to a county
213 as defined in s. 125.011(1).
214 (7) The department may not issue a construction permit
215 pursuant to this section for the expansion of any existing
216 landfill that was permitted on or before the date on which the
217 United States Environmental Protection Agency was established,
218 and that is located within a 1-mile radius of any property zoned
219 residential unless the entirety of the site is compliant with
220 the department’s environmental standards.
221 (a) A feasibility study must be conducted before the
222 issuance of a permit to expand the existing landfill. The
223 feasibility study must do all of the following:
224 1. Identify potential waste-to-energy technologies and
225 processes that reduce landfill dependence and greenhouse gas
226 emissions, including, but not limited to, anaerobic digestion,
227 plasma arc technology, and mixed waste processing; and
228 2. Evaluate the financial costs of such technologies and
229 processes and the benefits of local siting and government
230 ownership.
231 3. Evaluate the technical feasibility of expansion,
232 considering engineering requirements, infrastructure needs,
233 technological advancements, and regulatory compliance.
234 4. Evaluate relevant and appropriate data and analysis,
235 such as surveys, studies, community goals and vision, and data
236 used in preparing the comprehensive plan, from professionally
237 accepted sources.
238 5. Identify and evaluate potential risks and challenges
239 associated with the project.
240 (b) A permit to expand an existing landfill may not be
241 issued without a feasibility study conducted pursuant to
242 paragraph (a).
243 (c) The department shall review and discuss in a public
244 meeting the results of the feasibility study and provide a
245 rationale for expanding the landfill.
246 (11)(9) The department shall establish a separate category
247 for solid waste management facilities that accept only
248 construction and demolition debris for disposal or recycling.
249 The department shall establish a reasonable schedule for
250 existing facilities to comply with this section to avoid undue
251 hardship to such facilities. However, a permitted solid waste
252 disposal unit that receives a significant amount of waste prior
253 to the compliance deadline established in this schedule shall
254 not be required to be retrofitted with liners or leachate
255 control systems.
256 (j) The Legislature recognizes that recycling, waste
257 reduction, and resource recovery are important aspects of an
258 integrated solid waste management program and as such are
259 necessary to protect the public health and the environment. If
260 necessary to promote such an integrated program, the county may
261 determine, after providing notice and an opportunity for a
262 hearing prior to April 30, 2008, that some or all of the
263 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
264 excluded from the definition of “construction and demolition
265 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
266 of such county. The county may make such a determination only if
267 it finds that, prior to June 1, 2007, the county has established
268 an adequate method for the use or recycling of such wood
269 material at an existing or proposed solid waste management
270 facility that is permitted or authorized by the department on
271 June 1, 2007. The county is not required to hold a hearing if
272 the county represents that it previously has held a hearing for
273 such purpose, or if the county represents that it previously has
274 held a public meeting or hearing that authorized such method for
275 the use or recycling of trash or other nonputrescible waste
276 materials and that such materials include those materials
277 described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
278 provide written notice of its determination to the department by
279 no later than April 30, 2008; thereafter, the materials
280 described in s. 403.703(7) s. 403.703(6) shall be excluded from
281 the definition of “construction and demolition debris” in s.
282 403.703(7) s. 403.703(6) within the jurisdiction of such county.
283 The county may withdraw or revoke its determination at any time
284 by providing written notice to the department.
285 Section 5. Subsection (5) of section 403.7049, Florida
286 Statutes, is amended to read:
287 403.7049 Determination of full cost for solid waste
288 management; local solid waste management fees.—
289 (5) In order to assist in achieving the municipal solid
290 waste reduction goal and the recycling provisions of s.
291 403.706(4) s. 403.706(2), a county or a municipality which owns
292 or operates a solid waste management facility is hereby
293 authorized to charge solid waste disposal fees which may vary
294 based on a number of factors, including, but not limited to, the
295 amount, characteristics, and form of recyclable materials
296 present in the solid waste that is brought to the county’s or
297 the municipality’s facility for processing or disposal.
298 Section 6. Paragraph (c) of subsection (2) and subsection
299 (3) of section 403.705, Florida Statutes, are amended to read:
300 403.705 State solid waste management program.—
301 (2) The state solid waste management program shall include,
302 at a minimum:
303 (c) Planning guidelines and technical assistance to
304 counties and municipalities to aid in meeting the municipal
305 solid waste recycling goals established in s. 403.706(4) s.
306 403.706(2).
307 (3) The department shall evaluate and report biennially to
308 the President of the Senate and the Speaker of the House of
309 Representatives on the state’s success in meeting the solid
310 waste recycling goal as described in s. 403.706(4) s.
311
312 ================= T I T L E A M E N D M E N T ================
313 And the title is amended as follows:
314 Delete line 19
315 and insert:
316 applicability; prohibiting a local government and the
317 department, respectively, from issuing a construction
318 permit for the expansion of certain existing
319 landfills; providing an exception; requiring that a
320 feasibility study be conducted before the issuance of
321 such permit; providing requirements for such study;
322 prohibiting the issuance of a permit for the expansion
323 of an existing landfill if such a study is not
324 conducted; requiring the local government and the
325 department, respectively, to review and discuss at a
326 certain meeting the results of the feasibility study
327 and provide a rationale for expanding the landfill;
328 conforming a provision to changes made