Florida Senate - 2025 CS for SB 1822
By the Committee on Community Affairs; and Senator Martin
578-03105-25 20251822c1
1 A bill to be entitled
2 An act relating to waste management; amending s.
3 403.703, F.S.; defining the term “auxiliary
4 container”; conforming cross-references; amending s.
5 403.7033, F.S.; deleting obsolete provisions that
6 provide legislative findings and require the
7 Department of Environmental Protection to review and
8 update a specified report; prohibiting the local
9 regulation of auxiliary containers; preempting such
10 regulation to the state; amending ss. 403.706 and
11 403.707, F.S.; prohibiting a local government and the
12 Department of Environmental Protection, respectively,
13 from issuing a construction permit for certain solid
14 waste disposal facilities in certain counties;
15 providing applicability; conforming a provision to
16 changes made by the act; conforming cross-references;
17 amending ss. 403.7049 and 403.705, F.S.; conforming
18 cross-references; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Present subsections (2) through (48) of section
23 403.703, Florida Statutes, are redesignated as sections (3)
24 through (49), respectively, a new subsection (2) is added to
25 that section, and present subsections (6), (7), (21), and (35)
26 of that section are amended, to read:
27 403.703 Definitions.—As used in this part, the term:
28 (2) “Auxiliary container” means a reusable or single-use
29 bag, cup, bottle, can, or other packaging that meets both of the
30 following requirements:
31 (a) Is made of cloth; paper; plastic, including, but not
32 limited to, foamed plastic, expanded plastic, or polystyrene;
33 cardboard; corrugated material; molded fiber; aluminum; glass;
34 postconsumer recycled material; or similar material or
35 substrates, including coated, laminated, or multilayer
36 substrates.
37 (b) Is designed for transporting, consuming, or protecting
38 merchandise, food, or beverages from or at a public food service
39 establishment as defined in s. 509.013(5), a food establishment
40 as defined in s. 500.03(1), or a retailer as defined in s.
41 212.02(13).
42 (7)(6) “Construction and demolition debris” means discarded
43 materials generally considered to be not water-soluble and
44 nonhazardous in nature, including, but not limited to, steel,
45 glass, brick, concrete, asphalt roofing material, pipe, gypsum
46 wallboard, and lumber, from the construction or destruction of a
47 structure as part of a construction or demolition project or
48 from the renovation of a structure, and includes rocks, soils,
49 tree remains, trees, and other vegetative matter that normally
50 results from land clearing or land development operations for a
51 construction project, including such debris from construction of
52 structures at a site remote from the construction or demolition
53 project site. Mixing of construction and demolition debris with
54 other types of solid waste will cause the resulting mixture to
55 be classified as other than construction and demolition debris.
56 The term also includes:
57 (a) Clean cardboard, paper, plastic, wood, and metal scraps
58 from a construction project;
59 (b) Except as provided in s. 403.707(10)(j) s.
60 403.707(9)(j), yard trash and unpainted, nontreated wood scraps
61 and wood pallets from sources other than construction or
62 demolition projects;
63 (c) Scrap from manufacturing facilities which is the type
64 of material generally used in construction projects and which
65 would meet the definition of construction and demolition debris
66 if it were generated as part of a construction or demolition
67 project. This includes debris from the construction of
68 manufactured homes and scrap shingles, wallboard, siding
69 concrete, and similar materials from industrial or commercial
70 facilities; and
71 (d) De minimis amounts of other nonhazardous wastes that
72 are generated at construction or destruction projects, provided
73 such amounts are consistent with best management practices of
74 the industry.
75 (8)(7) “County,” or any like term, means a political
76 subdivision of the state established pursuant to s. 1, Art. VIII
77 of the State Constitution and, when s. 403.706(20) s.
78 403.706(19) applies, means a special district or other entity.
79 (22)(21) “Municipality,” or any like term, means a
80 municipality created pursuant to general or special law
81 authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
82 the State Constitution and, when s. 403.706(20) s. 403.706(19)
83 applies, means a special district or other entity.
84 (36)(35) “Solid waste” means sludge unregulated under the
85 federal Clean Water Act or Clean Air Act, sludge from a waste
86 treatment works, water supply treatment plant, or air pollution
87 control facility, or garbage, rubbish, refuse, special waste, or
88 other discarded material, including solid, liquid, semisolid, or
89 contained gaseous material resulting from domestic, industrial,
90 commercial, mining, agricultural, or governmental operations.
91 Recovered materials as defined in subsection (29) (28) and post
92 use polymers as defined in subsection (25) (24) are not solid
93 waste.
94 Section 2. Section 403.7033, Florida Statutes, is amended
95 to read:
96 403.7033 Preemption of regulation for auxiliary containers
97 Departmental analysis of particular recyclable materials.—The
98 Legislature finds that prudent regulation of recyclable
99 materials is crucial to the ongoing welfare of Florida’s ecology
100 and economy. As such, the Department of Environmental Protection
101 shall review and update its 2010 report on retail bags analyzing
102 the need for new or different regulation of auxiliary
103 containers, wrappings, or disposable plastic bags used by
104 consumers to carry products from retail establishments. The
105 updated report must include input from state and local
106 government agencies, stakeholders, private businesses, and
107 citizens and must evaluate the efficacy and necessity of both
108 statewide and local regulation of these materials. To ensure
109 consistent and effective implementation, the department shall
110 submit the updated report with conclusions and recommendations
111 to the Legislature no later than December 31, 2021. Until such
112 time that the Legislature adopts the recommendations of the
113 department, A local government, local governmental agency, or
114 state governmental agency may not enact any rule, regulation, or
115 ordinance regarding the use, disposition, sale, prohibition,
116 restriction, or tax of such auxiliary containers. The regulation
117 of auxiliary containers is expressly preempted to the state,
118 wrappings, or disposable plastic bags.
119 Section 3. Present subsections (2) through (23) of section
120 403.706, Florida Statutes, are redesignated as subsections (3)
121 through (24), respectively, a new subsection (2) is added to
122 that section, and present subsections (4), (6), (7), and (20) of
123 that section are amended, to read:
124 403.706 Local government solid waste responsibilities.—
125 (2) A local government may not issue a construction permit
126 pursuant to this section for a new solid waste disposal facility
127 that uses an ash-producing incinerator or for a waste-to-energy
128 facility, if the proposed location of such facility is sited
129 within a one mile radius of any school or any property zoned for
130 residential use which has a density of one or more dwelling
131 units per acre. The one-mile radius must be measured from the
132 stack of the facility. This subsection applies only to a county
133 as defined in s. 125.011(1).
134 (5)(a)(4)(a) In order to promote the production of
135 renewable energy from solid waste, each megawatt-hour produced
136 by a renewable energy facility using solid waste as a fuel shall
137 count as 1 ton of recycled material and shall be applied toward
138 meeting the recycling goals set forth in this section. If a
139 county creating renewable energy from solid waste implements and
140 maintains a program to recycle at least 50 percent of municipal
141 solid waste by a means other than creating renewable energy,
142 that county shall count 1.25 tons of recycled material for each
143 megawatt-hour produced. If waste originates from a county other
144 than the county in which the renewable energy facility resides,
145 the originating county shall receive such recycling credit. Any
146 byproduct resulting from the creation of renewable energy that
147 is recycled shall count towards the county recycling goals in
148 accordance with the methods and criteria developed pursuant to
149 paragraph (3)(h) (2)(h).
150 (b) A county may receive credit for one-half of the
151 recycling goal set forth in subsection (3) (2) from the use of
152 yard trash, or other clean wood waste or paper waste, in
153 innovative programs including, but not limited to, programs that
154 produce alternative clean-burning fuels such as ethanol or that
155 provide for the conversion of yard trash or other clean wood
156 waste or paper waste to clean-burning fuel for the production of
157 energy for use at facilities other than a waste-to-energy
158 facility as defined in s. 403.7061. The provisions of this
159 paragraph apply only if a county can demonstrate that:
160 1. The county has implemented a yard trash mulching or
161 composting program, and
162 2. As part of the program, compost and mulch made from yard
163 trash is available to the general public and in use at county
164 owned or maintained and municipally owned or maintained
165 facilities in the county and state agencies operating in the
166 county as required by this section.
167 (c) A county with a population of 100,000 or less may
168 provide its residents with the opportunity to recycle in lieu of
169 achieving the goal set forth in this section. For the purposes
170 of this section, the “opportunity to recycle” means that the
171 county:
172 1.a. Provides a system for separating and collecting
173 recyclable materials prior to disposal that is located at a
174 solid waste management facility or solid waste disposal area; or
175 b. Provides a system of places within the county for
176 collection of source-separated recyclable materials.
177 2. Provides a public education and promotion program that
178 is conducted to inform its residents of the opportunity to
179 recycle, encourages source separation of recyclable materials,
180 and promotes the benefits of reducing, reusing, recycling, and
181 composting materials.
182 (7)(6) The department may reduce or modify the municipal
183 solid waste recycling goal that a county is required to achieve
184 pursuant to subsection (3) (2) if the county demonstrates to the
185 department that:
186 (a) The achievement of the goal set forth in subsection (3)
187 (2) would have an adverse effect on the financial obligations of
188 a county that are directly related to a waste-to-energy facility
189 owned or operated by or on behalf of the county; and
190 (b) The county cannot remove normally combustible materials
191 from solid waste that is to be processed at a waste-to-energy
192 facility because of the need to maintain a sufficient amount of
193 solid waste to ensure the financial viability of the facility.
194
195 The goal shall not be waived entirely and may only be reduced or
196 modified to the extent necessary to alleviate the adverse
197 effects of achieving the goal on the financial viability of a
198 county’s waste-to-energy facility. Nothing in this subsection
199 shall exempt a county from developing and implementing a
200 recycling program pursuant to this act.
201 (8)(7) In order to assess the progress in meeting the goal
202 set forth in subsection (3) (2), each county shall, by April 1
203 each year, provide information to the department regarding its
204 annual solid waste management program and recycling activities.
205 (a) The information submitted to the department by the
206 county must, at a minimum, include:
207 1. The amount of municipal solid waste disposed of at solid
208 waste disposal facilities, by type of waste such as yard trash,
209 white goods, clean debris, tires, and unseparated solid waste;
210 2. The amount and type of materials from the municipal
211 solid waste stream that were recycled; and
212 3. The percentage of the population participating in
213 various types of recycling activities instituted.
214 (b) Beginning with the data for the 2012 calendar year, the
215 department shall by July 1 each year post on its website the
216 recycling rates of each county for the prior calendar year.
217 (21)(20) In addition to any other penalties provided by
218 law, a local government that does not comply with the
219 requirements of subsections (3) and (5) is (2) and (4) shall not
220 be eligible for grants from the Solid Waste Management Trust
221 Fund, and the department may notify the Chief Financial Officer
222 to withhold payment of all or a portion of funds payable to the
223 local government by the department from the General Revenue Fund
224 or by the department from any other state fund, to the extent
225 not pledged to retire bonded indebtedness, unless the local
226 government demonstrates that good faith efforts to meet the
227 requirements of subsections (3) and (5) (2) and (4) have been
228 made or that the funds are being or will be used to finance the
229 correction of a pollution control problem that spans
230 jurisdictional boundaries.
231 Section 4. Present subsections (6) through (14) of section
232 403.707, Florida Statutes, are redesignated as subsections (7)
233 through (15), respectively, a new subsection (6) is added to
234 that section, and paragraph (j) of present subsection (9) of
235 that section is amended, to read:
236 403.707 Permits.—
237 (6) The department may not issue a construction permit
238 pursuant to this section for a new solid waste disposal facility
239 that uses an ash-producing incinerator or for a waste-to-energy
240 facility, if the proposed location of such facility is sited
241 within a one mile radius of any school or any property zoned for
242 residential use which has a density of one or more dwelling
243 units per acre. The one-mile radius must be measured from the
244 stack of the facility. This subsection applies only to a county
245 as defined in s. 125.011(1).
246 (10)(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(3) 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(3) 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(3) s.
311 403.706(2).
312 Section 7. This act shall take effect July 1, 2025.