November 16, 2018
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       Florida Senate - 2010                              CS for SB 570
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senator Constantine
       
       
       
       592-03146-10                                           2010570c1
    1                        A bill to be entitled                      
    2         An act relating to environmental protection; amending
    3         s. 403.7032, F.S.; requiring all public entities to
    4         report recycling data to the county using the format
    5         designated by the Department of Environmental
    6         Protection; requiring that certain private entities
    7         report the disposal of recyclable materials; requiring
    8         that businesses reporting such data to be given
    9         preference under certain procurement guidelines;
   10         requiring the Department of Management Services to
   11         report on green and recycled products purchased
   12         through its procurement system; directing the
   13         Department of Environmental Protection and Enterprise
   14         Florida, Inc., to create the Recycling Business
   15         Assistance Center; providing requirements for the
   16         center; amending s. 288.9015, F.S.; requiring
   17         Enterprise Florida, Inc., and the Department of
   18         Environmental Protection to create the Recycling
   19         Business Assistance Center; amending s. 403.7046,
   20         F.S.; deleting a requirement that the Department of
   21         Environmental Protection appoint a technical advisory
   22         committee; clarifying reporting requirements; amending
   23         s. 403.705, F.S.; requiring that the department report
   24         biennially to the Legislature on the state’s success
   25         in meeting solid waste reduction goals; amending s.
   26         403.706, F.S.; requiring counties to meet specific
   27         recycling benchmarks; requiring the recycling of
   28         materials for new commercial and multifamily projects;
   29         providing authority for the Department of
   30         Environmental Protection to require a report under
   31         certain conditions; requiring a report to the
   32         Legislature by the Department of Environmental
   33         Protection if recycling benchmarks are not met;
   34         eliminating a requirement that counties develop
   35         composting goals; clarifying the conditions under
   36         which waste to energy may be used as an option for
   37         meeting the recycling benchmarks; providing
   38         exceptions; providing deadlines for the reporting of
   39         recycling data; amending s. 403.7145, F.S.; revising
   40         recycling requirements for state buildings; providing
   41         for a pilot project; requiring each public airport in
   42         the state to collect aluminum beverage cans and
   43         recyclable plastic and glass from its place of
   44         business, or from the entities doing business at the
   45         airport, and to offer such materials for recycling;
   46         amending s. 403.707, F.S.; requiring liners for new
   47         construction and demolition debris landfills;
   48         establishing recycling rates for source-separation
   49         activities; requiring inspections for waste-to-energy
   50         facilities; repealing s. 288.1185, F.S., relating to
   51         the Recycling Markets Advisory Committee; providing an
   52         effective date.
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Section 403.7032, Florida Statutes, is amended
   57  to read:
   58         403.7032 Recycling.—
   59         (1) The Legislature finds that the failure or inability to
   60  economically recover material and energy resources from solid
   61  waste results in the unnecessary waste and depletion of our
   62  natural resources. As the state continues to grow, so will the
   63  potential amount of discarded material that must be treated and
   64  disposed of, necessitating the improvement of solid waste
   65  collection and disposal. Therefore, the maximum recycling and
   66  reuse of such resources are considered high-priority goals of
   67  the state.
   68         (2) By the year 2020, the long-term goal for the recycling
   69  efforts of state and local governmental entities, private
   70  companies and organizations, and the general public is to reduce
   71  the amount of recyclable solid waste disposed of in waste
   72  management facilities, landfills, or incineration facilities by
   73  a statewide average of at least 75 percent. However, any solid
   74  waste used for the production of renewable energy shall count
   75  toward the long-term recycling goal as set forth in this
   76  section.
   77         (3) All state agencies, K-12 public schools, public
   78  institutions of higher learning, community colleges, and state
   79  universities must, at a minimum, annually report to the county
   80  using the department’s designated reporting format, all recycled
   81  materials from these entities. This includes all buildings that
   82  are occupied by municipal, county, or state employees or, if the
   83  building is managed by the Department of Management Services,
   84  those entities must report their recycling data to the county
   85  using the department’s designated reporting format. Private
   86  businesses, other than certified recovered materials dealers,
   87  which have 25 or more employees and generate recyclable
   88  materials, such as, but not limited to, paper, metals, glass,
   89  plastics, textiles, rubber materials, and mulch, shall report
   90  the amount of recycled materials to the county biennially
   91  starting January 1, 2011, using the department’s designated
   92  reporting format. Private businesses that are not required to
   93  report recycling rates are encouraged to participate.
   94  Notwithstanding any other provision of state or local law, those
   95  private businesses reporting, other than certified recovered
   96  materials dealers, according to this subsection shall not be
   97  required to comply with any additional recycling reporting
   98  requirements regarding their recycling rates. Private businesses
   99  in compliance with the reporting requirement and those that
  100  voluntarily report shall be given additional preference under
  101  the procurement guidelines of s. 287.045. Private businesses of
  102  25 employees or more which do not report recycling rates to the
  103  department shall have a zero percent recycling rate reported and
  104  are not eligible for additional preference under the procurement
  105  guidelines of s. 287.045.
  106         (4)(3) The Department of Environmental Protection shall
  107  develop a comprehensive recycling program that is designed to
  108  achieve the percentage under subsection (2) and submit the
  109  program to the President of the Senate and the Speaker of the
  110  House of Representatives by January 1, 2010. The program may not
  111  be implemented until approved by the Legislature. The program
  112  must be developed in coordination with input from state and
  113  local entities, private businesses, and the public. Under the
  114  program, recyclable materials shall include, but are not limited
  115  to, metals, paper, glass, plastic, textile, rubber materials,
  116  and mulch. Components of the program shall include, but are not
  117  limited to:
  118         (a) Programs to identify environmentally preferable
  119  purchasing practices to encourage the purchase of recycled,
  120  durable, and less toxic goods. The Department of Management
  121  Services shall modify its procurement system to report on green
  122  and recycled products purchased through the system by September
  123  30, 2011.
  124         (b) Programs to educate students in grades K-12 in the
  125  benefits of, and proper techniques for, recycling.
  126         (c) Programs for statewide recognition of successful
  127  recycling efforts by schools, businesses, public groups, and
  128  private citizens.
  129         (d) Programs for municipalities and counties to develop and
  130  implement efficient recycling efforts to return valuable
  131  materials to productive use, conserve energy, and protect
  132  natural resources.
  133         (e) Programs by which the department can provide technical
  134  assistance to municipalities and counties in support of their
  135  recycling efforts.
  136         (f) Programs to educate and train the public in proper
  137  recycling efforts.
  138         (g) Evaluation of how financial assistance can best be
  139  provided to municipalities and counties in support of their
  140  recycling efforts.
  141         (h) Evaluation of why existing waste management and
  142  recycling programs in the state have not been better used.
  143         (5) The Department of Environmental Protection, in
  144  cooperation with Enterprise Florida, Inc., shall create the
  145  Recycling Business Assistance Center by December 1, 2010. The
  146  purpose of the center shall be to serve as the mechanism for
  147  coordination among state agencies and the private sector in
  148  order to coordinate policy and overall strategic planning for
  149  developing new markets and expanding and enhancing existing
  150  markets for recyclable materials in this state, other states,
  151  and foreign countries. The duties of the center must include, at
  152  a minimum:
  153         (a)Identifying and developing new markets and expanding
  154  and enhancing existing markets for recyclable materials;
  155         (b)Pursuing expanded end uses for recycled materials;
  156         (c)Targeting materials for concentrated market-development
  157  efforts;
  158         (d)Developing proposals for new incentives for market
  159  development, particularly focusing on targeted materials;
  160         (e)Providing guidance on issues such as permitting,
  161  finance options for recycling market development, site location,
  162  research and development, grant program criteria for recycled
  163  materials markets, recycling markets education and information,
  164  and minimum content;
  165         (f)Coordinating the efforts of various governmental
  166  entities having market-development responsibilities in order to
  167  optimize supply and demand for recyclable materials;
  168         (g)Evaluating source-reduced products as they relate to
  169  state procurement policy. The evaluation shall include, but is
  170  not limited to, the environmental and economic impact of source
  171  reduced product purchases to the state. For the purposes of this
  172  paragraph, the term “source-reduced” means any method, process,
  173  product, or technology that significantly or substantially
  174  reduces the volume or weight of a product while providing, at a
  175  minimum, equivalent or generally similar performance and service
  176  to and for the users of such materials;
  177         (h)Providing evaluation of solid waste management grants,
  178  pursuant to s. 403.7095, to reduce the flow of solid waste to
  179  disposal facilities and encourage the sustainable recovery of
  180  materials from Florida’s waste stream;
  181         (i)Providing below-market financing for companies that
  182  manufacture products from recycled materials or convert
  183  recyclable materials into raw materials for use in
  184  manufacturing, pursuant to the Florida Recycling Loan Program as
  185  administered by the Florida First Capital Finance Corporation;
  186         (j)Maintaining a continuously updated online directory,
  187  listing the public and private entities that collect, transport,
  188  broker, process, or remanufacture recyclable materials in
  189  Florida.
  190         (k)Providing information on the availability and benefits
  191  of using recycled materials to private entities and industries
  192  in the state; and
  193         (l)Distributing any materials prepared in implementing
  194  this subsection to the public, private entities, industries,
  195  governmental entities, or other organizations upon request.
  196         Section 2. Subsection (9) is added to section 288.9015,
  197  Florida Statutes, to read:
  198         288.9015 Enterprise Florida, Inc.; purpose; duties.—
  199         (9) Enterprise Florida, Inc., in cooperation with the
  200  Department of Environmental Protection, shall create the
  201  Recycling Business Assistance Center by December 1, 2010,
  202  pursuant to the requirements of s. 403.7032(5).
  203         Section 3. Subsections (1) and (2) of section 403.7046,
  204  Florida Statutes, are amended to read:
  205         403.7046 Regulation of recovered materials.—
  206         (1) Any person who handles, purchases, receives, recovers,
  207  sells, or is an end user of recovered materials shall annually
  208  certify to the department on forms provided by the department.
  209  The department may by rule exempt from this requirement
  210  generators of recovered materials; persons who handle or sell
  211  recovered materials as an activity which is incidental to the
  212  normal primary business activities of that person; or persons
  213  who handle, purchase, receive, recover, sell, or are end users
  214  of recovered materials in small quantities as defined by the
  215  department. The department shall adopt rules for the
  216  certification of and reporting by such persons and shall
  217  establish criteria for revocation of such certification. Prior
  218  to the adoption of such rules, the department shall appoint a
  219  technical advisory committee of no more than nine persons,
  220  including, at a minimum, representatives of the Florida
  221  Association of Counties, the Florida League of Cities, the
  222  Florida Recyclers Association, and the Florida Chapter of the
  223  National Solid Waste Management Association, to aid in the
  224  development of such rules. Such rules shall be designed to
  225  elicit, at a minimum, the amount and types of recovered
  226  materials handled by registrants, and the amount and disposal
  227  site, or name of person with whom such disposal was arranged, of
  228  any solid waste generated by such facility. By February 1 of
  229  each year, registrants shall report all required information to
  230  the department and to all counties from which it received
  231  materials. Such rules may provide for the department to conduct
  232  periodic inspections. The department may charge a fee of up to
  233  $50 for each registration, which shall be deposited into the
  234  Solid Waste Management Trust Fund for implementation of the
  235  program.
  236         (2) Information reported pursuant to the requirements of
  237  this section or any rule adopted pursuant to this section which,
  238  if disclosed, would reveal a trade secret, as defined in s.
  239  812.081(1)(c), is confidential and exempt from the provisions of
  240  s. 119.07(1). For reporting or information purposes, however,
  241  the department may provide this information in such form that
  242  the names of the persons reporting such information and the
  243  specific information reported are not revealed.
  244         Section 4. Subsection (3) of section 403.705, Florida
  245  Statutes, is amended to read:
  246         403.705 State solid waste management program.—
  247         (3) The department shall periodically seek information from
  248  counties to evaluate and report to the Legislature biennially on
  249  the state’s success in meeting the solid waste reduction goal as
  250  described in s. 403.706(2).
  251         Section 5. Subsections (2), (4), (7), and (21) of section
  252  403.706, Florida Statutes, are amended to read:
  253         403.706 Local government solid waste responsibilities.—
  254         (2)(a) Each county shall implement a recyclable materials
  255  recycling program that shall have a goal of recycling solid
  256  waste by 40 percent by December 31, 2012, 50 percent by December
  257  31, 2014, 60 percent by December 31, 2016, 70 percent by
  258  December 31, 2018, and 75 percent by December 31, 2020. Counties
  259  and municipalities are encouraged to form cooperative
  260  arrangements for implementing recycling programs.
  261         (b) In order to assist in attaining the goals provided in
  262  this subsection, the Legislature finds that the recycling of
  263  construction and demolition debris is in the state’s interest.
  264  Each county shall implement a program that shall have a goal of
  265  reducing construction and demolition debris disposed of in
  266  landfills by 40 percent by December 31, 2012, 50 percent by
  267  December 31, 2014, 60 percent by December 31, 2016, 70 percent
  268  by December 31, 2018, and 75 percent by December 31, 2020.
  269         (c) All commercial and multifamily construction projects,
  270  including, but not limited to, apartment complexes, which begin
  271  construction on or after July 1, 2010, must provide an
  272  opportunity for the tenants and owners to recycle, including if
  273  necessary, designated space for the placement of recycle
  274  receptacles for the occupants.
  275         (d) If, by January 1 of 2013, 2015, 2017, 2019, or 2021,
  276  the county, as determined by the department, has not reached the
  277  previous year’s recycling goal, as provided in this subsection,
  278  the department may direct the county to develop a plan to expand
  279  recycling programs to existing commercial and multifamily
  280  dwellings, including, but not limited to, apartment complexes.
  281         (e) If the state’s recycling rate for the 2013 calendar
  282  year is below 45 percent, the department shall provide a report
  283  to the Legislature. The report shall identify those additional
  284  programs, including, but not limited to, composting, zero waste
  285  zones, pay as you throw, a container deposit program, a landfill
  286  disposal surcharge fee, a prohibition on disposable plastic
  287  bags, or statutory changes needed to achieve the goals provided
  288  in this subsection. The report must include an evaluation of the
  289  costs to the public and private sectors to enact and administer
  290  these programs. The report shall be provided no later than 30
  291  days prior to the 2015 Regular Session of the Legislature.
  292         (f)(b) Such programs shall be designed to recover a
  293  significant portion of at least four of the following materials
  294  from the solid waste stream prior to final disposal at a solid
  295  waste disposal facility and to offer these materials for
  296  recycling: newspaper, aluminum cans, steel cans, glass, plastic
  297  bottles, cardboard, office paper, and yard trash. Local
  298  governments which operate permitted waste-to-energy facilities
  299  may retrieve ferrous and nonferrous metal as a byproduct of
  300  combustion.
  301         (g)(c) Local governments are encouraged to separate all
  302  plastics, metal, and all grades of paper for recycling prior to
  303  final disposal and are further encouraged to recycle yard trash
  304  and other mechanically treated solid waste into compost
  305  available for agricultural and other acceptable uses.
  306         (d) By July 1, 2010, each county shall develop and
  307  implement a plan to achieve a goal to compost organic materials
  308  that would otherwise be disposed of in a landfill. The goal
  309  shall provide that up to 10 percent and no less than 5 percent
  310  of organic material would be composted within the county and the
  311  municipalities within its boundaries. The department may reduce
  312  or modify the compost goal if the county demonstrates to the
  313  department that achievement of the goal would be impractical
  314  given the county’s unique demographic, urban density, or
  315  inability to separate normally compostable material from the
  316  solid waste stream. The composting plan is encouraged to address
  317  partnership with the private sector.
  318         (h)(e) Each county is encouraged to consider plans for
  319  composting or mulching organic materials that would otherwise be
  320  disposed of in a landfill. The composting or mulching plans are
  321  encouraged to address partnership with the private sector.
  322         (4)(a) A county’s solid waste management and recycling
  323  programs shall be designed to provide for sufficient reduction
  324  of the amount of solid waste generated within the county and the
  325  municipalities within its boundaries in order to meet goals for
  326  the reduction of municipal solid waste prior to the final
  327  disposal or the incineration of such waste at a solid waste
  328  disposal facility. The goals shall provide, at a minimum, that
  329  the amount of municipal solid waste that would be disposed of
  330  within the county and the municipalities within its boundaries
  331  is designed to meet the requirements of subsection (2) is
  332  reduced by at least 30 percent.
  333         (b) A county may receive credit for one-half of the goal
  334  for waste reduction from the use of yard trash, or other clean
  335  wood waste or paper waste, in innovative programs including, but
  336  not limited to, programs that produce alternative clean-burning
  337  fuels such as ethanol or that provide for the conversion of yard
  338  trash or other clean wood waste or paper waste to clean-burning
  339  fuel for the production of energy for use at facilities other
  340  than a waste-to-energy facility as defined in s. 403.7061. The
  341  provisions of this paragraph apply only if a county can
  342  demonstrate that:
  343         1. The county has implemented a yard trash mulching or
  344  composting program, and
  345         2. As part of the program, compost and mulch made from yard
  346  trash is available to the general public and in use at county
  347  owned or maintained and municipally owned or maintained
  348  facilities in the county and state agencies operating in the
  349  county as required by this section.
  350         (c) Solid waste used for the production of renewable energy
  351  shall count toward the long-term recycling goal as set forth in
  352  this section, provided the county in which a waste-to-energy
  353  facility is located has implemented and maintains a program that
  354  is designed to recycle at least 50 percent of municipal solid
  355  waste by means other than gasification or combustion. The duty
  356  to implement and maintain such recycling program does not apply
  357  to counties where debt service payment is pledged along with net
  358  revenues derived from the operation of the waste-to-energy
  359  facility.
  360         (d)(c) A county with a population of 100,000 or less may
  361  provide its residents with the opportunity to recycle in lieu of
  362  achieving the goal set forth in this section paragraph (a). For
  363  the purposes of this section subsection, the “opportunity to
  364  recycle” means that the county:
  365         1.a. Provides a system for separating and collecting
  366  recyclable materials prior to disposal that is located at a
  367  solid waste management facility or solid waste disposal area; or
  368         b. Provides a system of places within the county for
  369  collection of source-separated recyclable materials.
  370         2. Provides a public education and promotion program that
  371  is conducted to inform its residents of the opportunity to
  372  recycle, encourages source separation of recyclable materials,
  373  and promotes the benefits of reducing, reusing, recycling, and
  374  composting materials.
  375         (7) In order to assess the progress in meeting the goal
  376  established in subsection (2) (4), each county shall, by April 1
  377  November each year, provide information to the department
  378  regarding its annual solid waste management program and
  379  recycling activities. The information by the county must, at a
  380  minimum, include:
  381         (a) The amount of municipal solid waste disposed of at
  382  solid waste disposal facilities, by type of waste such as yard
  383  trash, white goods, clean debris, tires, and unseparated solid
  384  waste;
  385         (b) The amount and type of materials from the municipal
  386  solid waste stream that were recycled; and
  387         (c) The percentage of the population participating in
  388  various types of recycling activities instituted.
  389         (d) Beginning with the data for the 2012 calendar year, the
  390  department shall annually, by July 1, post on its website the
  391  recycling rates of each county for the prior calendar year.
  392         (21) Local governments are authorized to enact ordinances
  393  that require and direct all residential properties, multifamily
  394  dwellings, and apartment complexes and industrial, commercial,
  395  and institutional establishments as defined by the local
  396  government to establish programs for the separation of
  397  recyclable materials designated by the local government, which
  398  recyclable materials are specifically intended for purposes of
  399  recycling and for which a market exists, and to provide for
  400  their collection. Such ordinances may include, but are not
  401  limited to, provisions that prohibit any person from knowingly
  402  disposing of recyclable materials designated by the local
  403  government and that ensure the collection of recovered materials
  404  as necessary to protect public health and safety.
  405         Section 6. Subsection (1) of section 403.7145, Florida
  406  Statutes, is amended, and subsections (3) and (4) are added to
  407  that section, to read:
  408         403.7145 Recycling.—
  409         (1) The Capitol and the House and Senate office buildings
  410  constitute the Capitol recycling area. The Florida House of
  411  Representatives, the Florida Senate, and the Office of the
  412  Governor, the Secretary of State, and each Cabinet officer who
  413  heads a department that occupies office space in the Capitol,
  414  shall institute a recycling program for their respective offices
  415  in the House and Senate office buildings and the Capitol.
  416  Provisions shall be made to collect and sell wastepaper and
  417  empty aluminum beverage containers cans generated by employee
  418  activities in these offices. The collection and sale of such
  419  materials shall be reported to Leon County using the
  420  department’s designated reporting format and coordinated with
  421  Department of Management Services recycling activities to
  422  maximize the efficiency and economy of this program. The
  423  Governor, the Speaker of the House of Representatives, the
  424  President of the Senate, the Secretary of State, and the Cabinet
  425  officers may authorize the use of proceeds from recyclable
  426  material sales for employee benefits and other purposes, in
  427  order to provide incentives to their respective employees for
  428  participation in the recycling program. Such proceeds may also
  429  be used to offset any costs of the recycling program. As a
  430  demonstration of leading by example, the Capitol Buildings
  431  recycling rates shall be posted on the website of the Department
  432  of Management Services and shall include the details of the
  433  recycling rates for each Department of Management Services pool
  434  facility. The Department of Environmental Protection shall post
  435  recycling rates of each state-owned facility reported to the
  436  Department of Management Services.
  437         (3) Prior to awarding any grants pursuant to s. 403.7095,
  438  the department shall develop and contract for an innovative
  439  recycling pilot project for the Capitol recycling area. Such
  440  project shall be designed to collect recyclable materials and
  441  create a more sustainable recycling system. Components of the
  442  project shall be designed to increase convenience, incentivize
  443  and measure participation, reduce material volume, and assist in
  444  achieving the recycling goals enumerated in s. 403.706.
  445         (4) Each public airport operating in this state shall, to
  446  the greatest extent practicable, collect aluminum beverage cans
  447  and recyclable plastic and glass from the airlines and other
  448  entities doing business at the airport and offer such materials
  449  for recycling. Each airport may retain and use any proceeds
  450  received from the sale of these materials for recycling to
  451  offset the costs associated with collecting and recycling such
  452  materials. Airport administration offices, airport vendors, and
  453  airlines are encouraged to coordinate the collection of
  454  recyclable waste to the greatest extent practicable. The
  455  provisions of this subsection are not intended to interfere with
  456  any already established recycling activity.
  457         Section 7. Subsection (9) of section 403.707, Florida
  458  Statutes, is amended, and subsection (15) is added to that
  459  section, to read:
  460         403.707 Permits.—
  461         (9) The department shall establish a separate category for
  462  solid waste management facilities that accept only construction
  463  and demolition debris for disposal or recycling. The department
  464  shall establish a reasonable schedule for existing facilities to
  465  comply with this section to avoid undue hardship to such
  466  facilities. However, a permitted solid waste disposal unit that
  467  receives a significant amount of waste prior to the compliance
  468  deadline established in this schedule shall not be required to
  469  be retrofitted with liners or leachate control systems.
  470         (a) The department shall establish reasonable construction,
  471  operation, monitoring, recordkeeping, financial assurance, and
  472  closure requirements for such facilities. The department shall
  473  take into account the nature of the waste accepted at various
  474  facilities when establishing these requirements, and may impose
  475  less stringent requirements, including a system of general
  476  permits or registration requirements, for facilities that accept
  477  only a segregated waste stream which is expected to pose a
  478  minimal risk to the environment and public health, such as clean
  479  debris. The Legislature recognizes that incidental amounts of
  480  other types of solid waste are commonly generated at
  481  construction or demolition projects. In any enforcement action
  482  taken pursuant to this section, the department shall consider
  483  the difficulty of removing these incidental amounts from the
  484  waste stream.
  485         (b) The department shall not require liners and leachate
  486  collection systems at individual disposal units facilities
  487  constructed after July 1, 2010. unless it demonstrates, based
  488  upon the types of waste received, the methods for controlling
  489  types of waste disposed of, the proximity of groundwater and
  490  surface water, and the results of the hydrogeological and
  491  geotechnical investigations, that the facility is reasonably
  492  expected to result in violations of groundwater standards and
  493  criteria otherwise.
  494         (c) The owner or operator shall provide financial assurance
  495  for closing of the facility in accordance with the requirements
  496  of s. 403.7125. The financial assurance shall cover the cost of
  497  closing the facility and 5 years of long-term care after
  498  closing, unless the department determines, based upon
  499  hydrogeologic conditions, the types of wastes received, or the
  500  groundwater monitoring results, that a different long-term care
  501  period is appropriate. However, unless the owner or operator of
  502  the facility is a local government, the escrow account described
  503  in s. 403.7125(2) may not be used as a financial assurance
  504  mechanism.
  505         (d) The department shall establish training requirements
  506  for operators of facilities, and shall work with the State
  507  University System or other providers to assure that adequate
  508  training courses are available. The department shall also assist
  509  the Florida Home Builders Association in establishing a
  510  component of its continuing education program to address proper
  511  handling of construction and demolition debris, including best
  512  management practices for reducing contamination of the
  513  construction and demolition debris waste stream.
  514         (e) The issuance of a permit under this subsection does not
  515  obviate the need to comply with all applicable zoning and land
  516  use regulations.
  517         (f) A permit is not required under this section for the
  518  disposal of construction and demolition debris on the property
  519  where it is generated, but such property must be covered,
  520  graded, and vegetated as necessary when disposal is complete.
  521         (g) By January 1, 2012, all construction and demolition
  522  debris must be processed prior to disposal at a permitted
  523  materials recovery facility or at a permitted disposal facility.
  524  The facility must be designed and operated to separate and offer
  525  for recycling at least 60 percent of the material accepted, and
  526  must have a long-term plan to separate at least 75 percent of
  527  the material accepted by December 31, 2020. This paragraph does
  528  not apply to any materials that have been source separated and
  529  offered for recycling. It is the policy of the Legislature to
  530  encourage facilities to recycle. The department shall establish
  531  criteria and guidelines that encourage recycling where practical
  532  and provide for the use of recycled materials in a manner that
  533  protects the public health and the environment. Facilities are
  534  authorized to recycle, provided such activities do not conflict
  535  with such criteria and guidelines.
  536         (i)(h) The department shall ensure that the requirements of
  537  this section are applied and interpreted consistently throughout
  538  the state. In accordance with s. 20.255, the Division of Waste
  539  Management shall direct the district offices and bureaus on
  540  matters relating to the interpretation and applicability of this
  541  section.
  542         (j)(i) The department shall provide notice of receipt of a
  543  permit application for the initial construction of a
  544  construction and demolition debris disposal facility to the
  545  local governments having jurisdiction where the facility is to
  546  be located.
  547         (k)(j) The Legislature recognizes that recycling, waste
  548  reduction, and resource recovery are important aspects of an
  549  integrated solid waste management program and as such are
  550  necessary to protect the public health and the environment. If
  551  necessary to promote such an integrated program, the county may
  552  determine, after providing notice and an opportunity for a
  553  hearing prior to April 30, 2008, that some or all of the
  554  material described in s. 403.703(6)(b) shall be excluded from
  555  the definition of “construction and demolition debris” in s.
  556  403.703(6) within the jurisdiction of such county. The county
  557  may make such a determination only if it finds that, prior to
  558  June 1, 2007, the county has established an adequate method for
  559  the use or recycling of such wood material at an existing or
  560  proposed solid waste management facility that is permitted or
  561  authorized by the department on June 1, 2007. The county is not
  562  required to hold a hearing if the county represents that it
  563  previously has held a hearing for such purpose, or if the county
  564  represents that it previously has held a public meeting or
  565  hearing that authorized such method for the use or recycling of
  566  trash or other nonputrescible waste materials and that such
  567  materials include those materials described in s. 403.703(6)(b).
  568  The county shall provide written notice of its determination to
  569  the department by no later than April 30, 2008; thereafter, the
  570  materials described in s. 403.703(6) shall be excluded from the
  571  definition of “construction and demolition debris” in s.
  572  403.703(6) within the jurisdiction of such county. The county
  573  may withdraw or revoke its determination at any time by
  574  providing written notice to the department.
  575         (l)(k) Brazilian pepper and other invasive exotic plant
  576  species as designated by the department resulting from
  577  eradication projects may be processed at permitted construction
  578  and demolition debris recycling facilities or disposed of at
  579  permitted construction and demolition debris disposal facilities
  580  or Class III facilities. The department may adopt rules to
  581  implement this paragraph.
  582         (15) The department must, at a minimum, conduct at least
  583  one unannounced inspection, on an annual basis, of each waste
  584  to-energy facility for the purposes of determining compliance
  585  with permit conditions.
  586         Section 8. Section 288.1185, Florida Statutes, is repealed.
  587         Section 9. This act shall take effect July 1, 2010.

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