Florida Senate - 2025 CS for CS for SB 1822
By the Committees on Rules; and Community Affairs; and Senator
Martin
595-03677-25 20251822c2
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; preempting the regulation
9 of auxiliary containers to the state; permitting
10 rules, regulations, or ordinances restricting the use
11 of glass auxiliary containers within the boundaries of
12 a public beach; authorizing the Division of Recreation
13 and Parks to regulate auxiliary containers within
14 state parks; amending ss. 403.706 and 403.707, F.S.;
15 prohibiting a local government and the Department of
16 Environmental Protection, respectively, from issuing a
17 construction permit for certain solid waste disposal
18 facilities in certain counties; providing
19 applicability; conforming a provision to changes made
20 by the act; conforming cross-references; amending ss.
21 403.7049 and 403.705, F.S.; conforming cross
22 references; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Present subsections (2) through (48) of section
27 403.703, Florida Statutes, are redesignated as sections (3)
28 through (49), respectively, a new subsection (2) is added to
29 that section, and present subsections (6), (7), (21), and (35)
30 of that section are amended, to read:
31 403.703 Definitions.—As used in this part, the term:
32 (2) “Auxiliary container” means a reusable or single-use
33 bag, cup, bottle, can, or other packaging that meets both of the
34 following requirements:
35 (a) Is made of cloth; paper; plastic, including, but not
36 limited to, foamed plastic, expanded plastic, or polystyrene;
37 cardboard; corrugated material; molded fiber; aluminum; glass;
38 postconsumer recycled material; or similar material or
39 substrates, including coated, laminated, or multilayer
40 substrates.
41 (b) Is designed for transporting, consuming, or protecting
42 merchandise, food, or beverages from or at a public food service
43 establishment as defined in s. 509.013(5), a food establishment
44 as defined in s. 500.03(1), or a retailer as defined in s.
45 212.02(13).
46 (7)(6) “Construction and demolition debris” means discarded
47 materials generally considered to be not water-soluble and
48 nonhazardous in nature, including, but not limited to, steel,
49 glass, brick, concrete, asphalt roofing material, pipe, gypsum
50 wallboard, and lumber, from the construction or destruction of a
51 structure as part of a construction or demolition project or
52 from the renovation of a structure, and includes rocks, soils,
53 tree remains, trees, and other vegetative matter that normally
54 results from land clearing or land development operations for a
55 construction project, including such debris from construction of
56 structures at a site remote from the construction or demolition
57 project site. Mixing of construction and demolition debris with
58 other types of solid waste will cause the resulting mixture to
59 be classified as other than construction and demolition debris.
60 The term also includes:
61 (a) Clean cardboard, paper, plastic, wood, and metal scraps
62 from a construction project;
63 (b) Except as provided in s. 403.707(10)(j) s.
64 403.707(9)(j), yard trash and unpainted, nontreated wood scraps
65 and wood pallets from sources other than construction or
66 demolition projects;
67 (c) Scrap from manufacturing facilities which is the type
68 of material generally used in construction projects and which
69 would meet the definition of construction and demolition debris
70 if it were generated as part of a construction or demolition
71 project. This includes debris from the construction of
72 manufactured homes and scrap shingles, wallboard, siding
73 concrete, and similar materials from industrial or commercial
74 facilities; and
75 (d) De minimis amounts of other nonhazardous wastes that
76 are generated at construction or destruction projects, provided
77 such amounts are consistent with best management practices of
78 the industry.
79 (8)(7) “County,” or any like term, means a political
80 subdivision of the state established pursuant to s. 1, Art. VIII
81 of the State Constitution and, when s. 403.706(20) s.
82 403.706(19) applies, means a special district or other entity.
83 (22)(21) “Municipality,” or any like term, means a
84 municipality created pursuant to general or special law
85 authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
86 the State Constitution and, when s. 403.706(20) s. 403.706(19)
87 applies, means a special district or other entity.
88 (36)(35) “Solid waste” means sludge unregulated under the
89 federal Clean Water Act or Clean Air Act, sludge from a waste
90 treatment works, water supply treatment plant, or air pollution
91 control facility, or garbage, rubbish, refuse, special waste, or
92 other discarded material, including solid, liquid, semisolid, or
93 contained gaseous material resulting from domestic, industrial,
94 commercial, mining, agricultural, or governmental operations.
95 Recovered materials as defined in subsection (29) (28) and post
96 use polymers as defined in subsection (25) (24) are not solid
97 waste.
98 Section 2. Section 403.7033, Florida Statutes, is amended
99 to read:
100 403.7033 Preemption of regulation for auxiliary containers
101 Departmental analysis of particular recyclable materials.—The
102 Legislature finds that prudent regulation of recyclable
103 materials is crucial to the ongoing welfare of Florida’s ecology
104 and economy. As such, the Department of Environmental Protection
105 shall review and update its 2010 report on retail bags analyzing
106 the need for new or different regulation of auxiliary
107 containers, wrappings, or disposable plastic bags used by
108 consumers to carry products from retail establishments. The
109 updated report must include input from state and local
110 government agencies, stakeholders, private businesses, and
111 citizens and must evaluate the efficacy and necessity of both
112 statewide and local regulation of these materials. To ensure
113 consistent and effective implementation, the department shall
114 submit the updated report with conclusions and recommendations
115 to the Legislature no later than December 31, 2021. Until such
116 time that the Legislature adopts the recommendations of the
117 department,
118 (1) The regulation of auxiliary containers is expressly
119 preempted to the state. A local government, local governmental
120 agency, or state governmental agency may not enact or enforce
121 any rule, regulation, or ordinance regarding the use,
122 disposition, sale, prohibition, restriction, or tax of such
123 auxiliary containers unless explicitly permitted by statute.
124 (2) Rules, regulations, or ordinances restricting the use
125 of glass auxiliary containers within the boundaries of any
126 public beach are explicitly permitted.
127 (3) The Division of Recreation and Parks of the Department
128 of Environmental Protection may regulate auxiliary containers
129 within state parks consistent with its grant of authority in s.
130 258.004, wrappings, or disposable plastic bags.
131 Section 3. Present subsections (2) through (23) of section
132 403.706, Florida Statutes, are redesignated as subsections (3)
133 through (24), respectively, a new subsection (2) is added to
134 that section, and present subsections (4), (6), (7), and (20) of
135 that section are amended, to read:
136 403.706 Local government solid waste responsibilities.—
137 (2) A local government may not issue a construction permit
138 pursuant to this section for a new solid waste disposal facility
139 that uses an ash-producing incinerator or for a waste-to-energy
140 facility, if the proposed location of such facility is sited
141 within a one mile radius of any school or any property zoned for
142 residential use which has a density of one or more dwelling
143 units per acre. The one-mile radius must be measured from the
144 stack of the facility. This subsection applies only to a county
145 as defined in s. 125.011(1).
146 (5)(a)(4)(a) In order to promote the production of
147 renewable energy from solid waste, each megawatt-hour produced
148 by a renewable energy facility using solid waste as a fuel shall
149 count as 1 ton of recycled material and shall be applied toward
150 meeting the recycling goals set forth in this section. If a
151 county creating renewable energy from solid waste implements and
152 maintains a program to recycle at least 50 percent of municipal
153 solid waste by a means other than creating renewable energy,
154 that county shall count 1.25 tons of recycled material for each
155 megawatt-hour produced. If waste originates from a county other
156 than the county in which the renewable energy facility resides,
157 the originating county shall receive such recycling credit. Any
158 byproduct resulting from the creation of renewable energy that
159 is recycled shall count towards the county recycling goals in
160 accordance with the methods and criteria developed pursuant to
161 paragraph (3)(h) (2)(h).
162 (b) A county may receive credit for one-half of the
163 recycling goal set forth in subsection (3) (2) from the use of
164 yard trash, or other clean wood waste or paper waste, in
165 innovative programs including, but not limited to, programs that
166 produce alternative clean-burning fuels such as ethanol or that
167 provide for the conversion of yard trash or other clean wood
168 waste or paper waste to clean-burning fuel for the production of
169 energy for use at facilities other than a waste-to-energy
170 facility as defined in s. 403.7061. The provisions of this
171 paragraph apply only if a county can demonstrate that:
172 1. The county has implemented a yard trash mulching or
173 composting program, and
174 2. As part of the program, compost and mulch made from yard
175 trash is available to the general public and in use at county
176 owned or maintained and municipally owned or maintained
177 facilities in the county and state agencies operating in the
178 county as required by this section.
179 (c) A county with a population of 100,000 or less may
180 provide its residents with the opportunity to recycle in lieu of
181 achieving the goal set forth in this section. For the purposes
182 of this section, the “opportunity to recycle” means that the
183 county:
184 1.a. Provides a system for separating and collecting
185 recyclable materials prior to disposal that is located at a
186 solid waste management facility or solid waste disposal area; or
187 b. Provides a system of places within the county for
188 collection of source-separated recyclable materials.
189 2. Provides a public education and promotion program that
190 is conducted to inform its residents of the opportunity to
191 recycle, encourages source separation of recyclable materials,
192 and promotes the benefits of reducing, reusing, recycling, and
193 composting materials.
194 (7)(6) The department may reduce or modify the municipal
195 solid waste recycling goal that a county is required to achieve
196 pursuant to subsection (3) (2) if the county demonstrates to the
197 department that:
198 (a) The achievement of the goal set forth in subsection (3)
199 (2) would have an adverse effect on the financial obligations of
200 a county that are directly related to a waste-to-energy facility
201 owned or operated by or on behalf of the county; and
202 (b) The county cannot remove normally combustible materials
203 from solid waste that is to be processed at a waste-to-energy
204 facility because of the need to maintain a sufficient amount of
205 solid waste to ensure the financial viability of the facility.
206
207 The goal shall not be waived entirely and may only be reduced or
208 modified to the extent necessary to alleviate the adverse
209 effects of achieving the goal on the financial viability of a
210 county’s waste-to-energy facility. Nothing in this subsection
211 shall exempt a county from developing and implementing a
212 recycling program pursuant to this act.
213 (8)(7) In order to assess the progress in meeting the goal
214 set forth in subsection (3) (2), each county shall, by April 1
215 each year, provide information to the department regarding its
216 annual solid waste management program and recycling activities.
217 (a) The information submitted to the department by the
218 county must, at a minimum, include:
219 1. The amount of municipal solid waste disposed of at solid
220 waste disposal facilities, by type of waste such as yard trash,
221 white goods, clean debris, tires, and unseparated solid waste;
222 2. The amount and type of materials from the municipal
223 solid waste stream that were recycled; and
224 3. The percentage of the population participating in
225 various types of recycling activities instituted.
226 (b) Beginning with the data for the 2012 calendar year, the
227 department shall by July 1 each year post on its website the
228 recycling rates of each county for the prior calendar year.
229 (21)(20) In addition to any other penalties provided by
230 law, a local government that does not comply with the
231 requirements of subsections (3) and (5) is (2) and (4) shall not
232 be eligible for grants from the Solid Waste Management Trust
233 Fund, and the department may notify the Chief Financial Officer
234 to withhold payment of all or a portion of funds payable to the
235 local government by the department from the General Revenue Fund
236 or by the department from any other state fund, to the extent
237 not pledged to retire bonded indebtedness, unless the local
238 government demonstrates that good faith efforts to meet the
239 requirements of subsections (3) and (5) (2) and (4) have been
240 made or that the funds are being or will be used to finance the
241 correction of a pollution control problem that spans
242 jurisdictional boundaries.
243 Section 4. Present subsections (6) through (14) of section
244 403.707, Florida Statutes, are redesignated as subsections (7)
245 through (15), respectively, a new subsection (6) is added to
246 that section, and paragraph (j) of present subsection (9) of
247 that section is amended, to read:
248 403.707 Permits.—
249 (6) The department may not issue a construction permit
250 pursuant to this section for a new solid waste disposal facility
251 that uses an ash-producing incinerator or for a waste-to-energy
252 facility, if the proposed location of such facility is sited
253 within a one mile radius of any school or any property zoned for
254 residential use which has a density of one or more dwelling
255 units per acre. The one-mile radius must be measured from the
256 stack of the facility. This subsection applies only to a county
257 as defined in s. 125.011(1).
258 (10)(9) The department shall establish a separate category
259 for solid waste management facilities that accept only
260 construction and demolition debris for disposal or recycling.
261 The department shall establish a reasonable schedule for
262 existing facilities to comply with this section to avoid undue
263 hardship to such facilities. However, a permitted solid waste
264 disposal unit that receives a significant amount of waste prior
265 to the compliance deadline established in this schedule shall
266 not be required to be retrofitted with liners or leachate
267 control systems.
268 (j) The Legislature recognizes that recycling, waste
269 reduction, and resource recovery are important aspects of an
270 integrated solid waste management program and as such are
271 necessary to protect the public health and the environment. If
272 necessary to promote such an integrated program, the county may
273 determine, after providing notice and an opportunity for a
274 hearing prior to April 30, 2008, that some or all of the
275 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
276 excluded from the definition of “construction and demolition
277 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
278 of such county. The county may make such a determination only if
279 it finds that, prior to June 1, 2007, the county has established
280 an adequate method for the use or recycling of such wood
281 material at an existing or proposed solid waste management
282 facility that is permitted or authorized by the department on
283 June 1, 2007. The county is not required to hold a hearing if
284 the county represents that it previously has held a hearing for
285 such purpose, or if the county represents that it previously has
286 held a public meeting or hearing that authorized such method for
287 the use or recycling of trash or other nonputrescible waste
288 materials and that such materials include those materials
289 described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
290 provide written notice of its determination to the department by
291 no later than April 30, 2008; thereafter, the materials
292 described in s. 403.703(7) s. 403.703(6) shall be excluded from
293 the definition of “construction and demolition debris” in s.
294 403.703(7) s. 403.703(6) within the jurisdiction of such county.
295 The county may withdraw or revoke its determination at any time
296 by providing written notice to the department.
297 Section 5. Subsection (5) of section 403.7049, Florida
298 Statutes, is amended to read:
299 403.7049 Determination of full cost for solid waste
300 management; local solid waste management fees.—
301 (5) In order to assist in achieving the municipal solid
302 waste reduction goal and the recycling provisions of s.
303 403.706(3) s. 403.706(2), a county or a municipality which owns
304 or operates a solid waste management facility is hereby
305 authorized to charge solid waste disposal fees which may vary
306 based on a number of factors, including, but not limited to, the
307 amount, characteristics, and form of recyclable materials
308 present in the solid waste that is brought to the county’s or
309 the municipality’s facility for processing or disposal.
310 Section 6. Paragraph (c) of subsection (2) and subsection
311 (3) of section 403.705, Florida Statutes, are amended to read:
312 403.705 State solid waste management program.—
313 (2) The state solid waste management program shall include,
314 at a minimum:
315 (c) Planning guidelines and technical assistance to
316 counties and municipalities to aid in meeting the municipal
317 solid waste recycling goals established in s. 403.706(3) s.
318 403.706(2).
319 (3) The department shall evaluate and report biennially to
320 the President of the Senate and the Speaker of the House of
321 Representatives on the state’s success in meeting the solid
322 waste recycling goal as described in s. 403.706(3) s.
323 403.706(2).
324 Section 7. This act shall take effect July 1, 2025.