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.