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       Florida Senate - 2010                       CS for CS for SB 570
       By the Committees on Community Affairs; and Environmental
       Preservation and Conservation; and Senator Constantine
       578-04904-10                                           2010570c2
    1                        A bill to be entitled                      
    2         An act relating to environmental protection; amending
    3         s. 403.44, F.S.; revising the greenhouse gas reporting
    4         requirement for major emitters; deleting a requirement
    5         for the Department of Environmental Protection to take
    6         certain actions related to the reporting requirement;
    7         amending s. 403.7032, F.S.; requiring all public
    8         entities and those entities occupying buildings
    9         managed by the Department of Management Services to
   10         report recycling data to the county using the format
   11         designated by the Department of Environmental
   12         Protection; providing an exemption; encouraging
   13         certain private entities to report the disposal of
   14         recyclable materials; requiring the Department of
   15         Management Services to report on green and recycled
   16         products purchased through its procurement system;
   17         directing the Department of Environmental Protection
   18         to create the Recycling Business Assistance Center;
   19         providing requirements for the center; amending s.
   20         288.9015, F.S.; requiring Enterprise Florida, Inc., to
   21         provide technical assistance to the Department of
   22         Environmental Protection in the creation of the
   23         Recycling Business Assistance Center; amending s.
   24         403.7046, F.S.; deleting a requirement that the
   25         Department of Environmental Protection appoint a
   26         technical advisory committee; clarifying reporting
   27         requirements; amending s. 403.705, F.S.; conforming a
   28         cross-reference; requiring that the department report
   29         biennially to the Legislature on the state’s success
   30         in meeting solid waste reduction goals; amending s.
   31         403.706, F.S.; revising requirements for the
   32         implementation of recyclable materials recycling
   33         programs by counties; providing legislative intent;
   34         providing authority for the Department of
   35         Environmental Protection to require a plan under
   36         certain conditions; requiring a report to the
   37         Legislature by the Department of Environmental
   38         Protection if recycling benchmarks are not met;
   39         requiring the department to adopt rules; eliminating a
   40         requirement that counties develop composting goals;
   41         encouraging counties to develop composting plans;
   42         providing deadlines for the reporting of recycling
   43         data; revising requirements for the enactment of
   44         ordinances by local governments relating to programs
   45         for the separation of recyclable materials; amending
   46         s. 403.7061, F.S.; revising requirements for review of
   47         new waste-to-energy facility capacity by the
   48         Department of Environmental Protection; clarifying an
   49         exemption; amending s. 403.707, F.S.; requiring liners
   50         for new construction and demolition debris landfills;
   51         providing reporting requirements for certain
   52         construction and demolition debris; requiring the
   53         department to adopt rules; providing rule
   54         requirements; providing an exemption; amending s.
   55         403.7095, F.S.; deleting application requirements for
   56         the solid waste management program; deleting a
   57         requirement for the Department of Environmental
   58         Protection to evaluate and prioritize proposals for
   59         inclusion in its annual budget request; amending s.
   60         403.7145, F.S.; revising recycling requirements for
   61         state buildings; providing for a pilot project;
   62         requiring each public airport in the state to collect
   63         aluminum beverage cans and recyclable plastic and
   64         glass from the entities doing business at the airport
   65         and to offer such materials for recycling; amending s.
   66         553.77, F.S.; authorizing the Florida Building
   67         Commission to develop recommendations for recycling
   68         and composting; amending s. 403.7049, F.S.; conforming
   69         a cross-reference; repealing s. 288.1185, F.S.,
   70         relating to the Recycling Markets Advisory Committee;
   71         providing an effective date.
   73  Be It Enacted by the Legislature of the State of Florida:
   75         Section 1. Section 403.44, Florida Statutes, is amended to
   76  read:
   77         403.44 Florida Climate Protection Act.—
   78         (3) A major emitter shall be required to use The Climate
   79  Registry for purposes of emission registration and reporting.
   80         (4) The department shall establish the methodologies,
   81  reporting periods, and reporting systems that shall be used when
   82  major emitters report to The Climate Registry. The department
   83  may require the use of quality-assured data from continuous
   84  emissions monitoring systems.
   85         (3)(5) The department may adopt rules for a cap-and-trade
   86  regulatory program to reduce greenhouse gas emissions from major
   87  emitters. When developing the rules, the department shall
   88  consult with the Florida Energy and Climate Commission and the
   89  Florida Public Service Commission and may consult with the
   90  Governor’s Action Team for Energy and Climate Change. The
   91  department shall not adopt rules until after January 1, 2010.
   92  The rules shall not become effective until ratified by the
   93  Legislature.
   94         (4)(6) The rules of the cap-and-trade regulatory program
   95  shall include, but are not limited to:
   96         (a) A statewide limit or cap on the amount of greenhouse
   97  gases emitted by major emitters.
   98         (b) Methods, requirements, and conditions for allocating
   99  the cap among major emitters.
  100         (c) Methods, requirements, and conditions for emissions
  101  allowances and the process for issuing emissions allowances.
  102         (d) The relationship between allowances and the specific
  103  amounts of greenhouse gas emissions they represent.
  104         (e) The length of allowance periods and the time over which
  105  entities must account for emissions and surrender allowances
  106  equal to emissions.
  107         (f) The timeline of allowances from the initiation of the
  108  program through to 2050.
  109         (g) A process for the trade of allowances between major
  110  emitters, including a registry, tracking, or accounting system
  111  for such trades.
  112         (h) Cost containment mechanisms to reduce price and cost
  113  risks associated with the electric generation market in this
  114  state. Cost containment mechanisms to be considered for
  115  inclusion in the rules include, but are not limited to:
  116         1. Allowing major emitters to borrow allowances from future
  117  time periods to meet their greenhouse gas emission limits.
  118         2. Allowing major emitters to bank greenhouse gas emission
  119  reductions in the current year to be used to meet emission
  120  limits in future years.
  121         3. Allowing major emitters to purchase emissions offsets
  122  from other entities that produce verifiable reductions in
  123  unregulated greenhouse gas emissions or that produce verifiable
  124  reductions in greenhouse gas emissions through voluntary
  125  practices that capture and store greenhouse gases that otherwise
  126  would be released into the atmosphere. In considering this cost
  127  containment mechanism, the department shall identify sectors and
  128  activities outside of the capped sectors, including other state,
  129  federal, or international activities, and the conditions under
  130  which reductions there can be credited against emissions of
  131  capped entities in place of allowances issued by the department.
  132  The department shall also consider potential methods and their
  133  effectiveness to avoid double-incentivizing such activities.
  134         4. Providing a safety valve mechanism to ensure that the
  135  market prices for allowances or offsets do not surpass a
  136  predetermined level compatible with the affordability of
  137  electric utility rates and the well-being of the state’s
  138  economy. In considering this cost containment mechanism, the
  139  department shall evaluate different price levels for the safety
  140  valve and methods to change the price level over time to reflect
  141  changing state, federal, and international markets, regulatory
  142  environments, and technological advancements.
  144  In considering cost containment mechanisms for inclusion in the
  145  rules, the department shall evaluate the anticipated overall
  146  effect of each mechanism on the abatement of greenhouse gas
  147  emissions and on electricity ratepayers and the benefits and
  148  costs of each to the state’s economy, and shall also consider
  149  the interrelationships between the mechanisms under
  150  consideration.
  151         (i) A process to allow the department to exercise its
  152  authority to discourage leakage of GHG emissions to neighboring
  153  states attributable to the implementation of this program.
  154         (j) Provisions for a trial period on the trading of
  155  allowances before full implementation of a trading system.
  156         (5)(7) In recommending and evaluating proposed features of
  157  the cap-and-trade system, the following factors shall be
  158  considered:
  159         (a) The overall cost-effectiveness of the cap-and-trade
  160  system in combination with other policies and measures in
  161  meeting statewide targets.
  162         (b) Minimizing the administrative burden to the state of
  163  implementing, monitoring, and enforcing the program.
  164         (c) Minimizing the administrative burden on entities
  165  covered under the cap.
  166         (d) The impacts on electricity prices for consumers.
  167         (e) The specific benefits to the state’s economy for early
  168  adoption of a cap-and-trade system for greenhouse gases in the
  169  context of federal climate change legislation and the
  170  development of new international compacts.
  171         (f) The specific benefits to the state’s economy associated
  172  with the creation and sale of emissions offsets from economic
  173  sectors outside of the emissions cap.
  174         (g) The potential effects on leakage if economic activity
  175  relocates out of the state.
  176         (h) The effectiveness of the combination of measures in
  177  meeting identified targets.
  178         (i) The implications for near-term periods of long-term
  179  targets specified in the overall policy.
  180         (j) The overall costs and benefits of a cap-and-trade
  181  system to the state economy.
  182         (k) How to moderate impacts on low-income consumers that
  183  result from energy price increases.
  184         (l) Consistency of the program with other state and
  185  possible federal efforts.
  186         (m) The feasibility and cost-effectiveness of extending the
  187  program scope as broadly as possible among emitting activities
  188  and sinks in Florida.
  189         (n) Evaluation of the conditions under which Florida should
  190  consider linking its trading system to the systems of other
  191  states or other countries and how that might be affected by the
  192  potential inclusion in the rule of a safety valve.
  193         (6)(8) Recognizing that the international, national, and
  194  neighboring state policies and the science of climate change
  195  will evolve, prior to submitting the proposed rules to the
  196  Legislature for consideration, the department shall submit the
  197  proposed rules to the Florida Energy and Climate Commission,
  198  which shall review the proposed rules and submit a report to the
  199  Governor, the President of the Senate, the Speaker of the House
  200  of Representatives, and the department. The report shall
  201  address:
  202         (a) The overall cost-effectiveness of the proposed cap-and
  203  trade system in combination with other policies and measures in
  204  meeting statewide targets.
  205         (b) The administrative burden to the state of implementing,
  206  monitoring, and enforcing the program.
  207         (c) The administrative burden on entities covered under the
  208  cap.
  209         (d) The impacts on electricity prices for consumers.
  210         (e) The specific benefits to the state’s economy for early
  211  adoption of a cap-and-trade system for greenhouse gases in the
  212  context of federal climate change legislation and the
  213  development of new international compacts.
  214         (f) The specific benefits to the state’s economy associated
  215  with the creation and sale of emissions offsets from economic
  216  sectors outside of the emissions cap.
  217         (g)  The potential effects on leakage if economic activity
  218  relocates out of the state.
  219         (h) The effectiveness of the combination of measures in
  220  meeting identified targets.
  221         (i) The economic implications for near-term periods of
  222  short-term and long-term targets specified in the overall
  223  policy.
  224         (j) The overall costs and benefits of a cap-and-trade
  225  system to the economy of the state.
  226         (k) The impacts on low-income consumers that result from
  227  energy price increases.
  228         (l) The consistency of the program with other state and
  229  possible federal efforts.
  230         (m) The evaluation of the conditions under which the state
  231  should consider linking its trading system to the systems of
  232  other states or other countries and how that might be affected
  233  by the potential inclusion in the rule of a safety valve.
  234         (n) The timing and changes in the external environment,
  235  such as proposals by other states or implementation of a federal
  236  program that would spur reevaluation of the Florida program.
  237         (o) The conditions and options for eliminating the Florida
  238  program if a federal program were to supplant it.
  239         (p) The need for a regular reevaluation of the progress of
  240  other emitting regions of the country and of the world, and
  241  whether other regions are abating emissions in a commensurate
  242  manner.
  243         (q) The desirability of and possibilities of broadening the
  244  scope of the state’s cap-and-trade system at a later date to
  245  include more emitting activities as well as sinks in Florida,
  246  the conditions that would need to be met to do so, and how the
  247  program would encourage these conditions to be met, including
  248  developing monitoring and measuring techniques for land use
  249  emissions and sinks, regulating sources upstream, and other
  250  considerations.
  251         Section 2. 403.7032, Florida Statutes, is amended to read:
  252         403.7032 Recycling.—
  253         (1) The Legislature finds that the failure or inability to
  254  economically recover material and energy resources from solid
  255  waste results in the unnecessary waste and depletion of our
  256  natural resources. As the state continues to grow, so will the
  257  potential amount of discarded material that must be treated and
  258  disposed of, necessitating the improvement of solid waste
  259  collection and disposal. Therefore, the maximum recycling and
  260  reuse of such resources are considered high-priority goals of
  261  the state.
  262         (2) By the year 2020, the long-term goal for the recycling
  263  efforts of state and local governmental entities, private
  264  companies and organizations, and the general public is to
  265  recycle at least 75 percent of the municipal solid waste that
  266  would otherwise be reduce the amount of recyclable solid waste
  267  disposed of in waste management facilities, landfills, or
  268  incineration facilities by a statewide average of at least 75
  269  percent. However, any solid waste used for the production of
  270  renewable energy shall count toward the long-term recycling goal
  271  as set forth in this part section.
  272         (3) Each state agency, K-12 public school, public
  273  institution of higher learning, community college, and state
  274  university, including all buildings that are occupied by
  275  municipal, county, or state employees and entities occupying
  276  buildings managed by the Department of Management Services,
  277  must, at a minimum, annually report all recycled materials to
  278  the county using the department’s designated reporting format.
  279  Private businesses, other than certified recovered materials
  280  dealers, that recycle paper, metals, glass, plastics, textiles,
  281  rubber materials, and mulch, are encouraged to report the amount
  282  of materials they recycle to the county annually beginning
  283  January 1, 2011, using the department’s designated reporting
  284  format. Using the information provided, the department shall
  285  recognize those private businesses that demonstrate outstanding
  286  recycling efforts. Private businesses that do not report
  287  recycling rates to the department shall be recorded as having a
  288  zero percent recycling rate. Notwithstanding any other provision
  289  of state or county law, private businesses, other than certified
  290  recovered materials dealers, shall not be required to report
  291  recycling rates.
  292         (4)(3) The Department of Environmental Protection shall
  293  develop a comprehensive recycling program that is designed to
  294  achieve the percentage under subsection (2) and submit the
  295  program to the President of the Senate and the Speaker of the
  296  House of Representatives by January 1, 2010. The program may not
  297  be implemented until approved by the Legislature. The program
  298  must be developed in coordination with input from state and
  299  local entities, private businesses, and the public. Under the
  300  program, recyclable materials shall include, but are not limited
  301  to, metals, paper, glass, plastic, textile, rubber materials,
  302  and mulch. Components of the program shall include, but are not
  303  limited to:
  304         (a) Programs to identify environmentally preferable
  305  purchasing practices to encourage the purchase of recycled,
  306  durable, and less toxic goods. The Department of Management
  307  Services shall modify its procurement system to report on green
  308  and recycled products purchased through the system by September
  309  30, 2011.
  310         (b) Programs to educate students in grades K-12 in the
  311  benefits of, and proper techniques for, recycling.
  312         (c) Programs for statewide recognition of successful
  313  recycling efforts by schools, businesses, public groups, and
  314  private citizens.
  315         (d) Programs for municipalities and counties to develop and
  316  implement efficient recycling efforts to return valuable
  317  materials to productive use, conserve energy, and protect
  318  natural resources.
  319         (e) Programs by which the department can provide technical
  320  assistance to municipalities and counties in support of their
  321  recycling efforts.
  322         (f) Programs to educate and train the public in proper
  323  recycling efforts.
  324         (g) Evaluation of how financial assistance can best be
  325  provided to municipalities and counties in support of their
  326  recycling efforts.
  327         (h) Evaluation of why existing waste management and
  328  recycling programs in the state have not been better used.
  329         (5)The department shall create the Recycling Business
  330  Assistance Center by December 1, 2010. In carrying out its
  331  duties under this subsection, the department shall consult with
  332  state agency personnel appointed to serve as economic
  333  development liaisons under s. 288.021 and seek technical
  334  assistance from Enterprise Florida, Inc., to ensure the
  335  Recycling Business Assistance Center is positioned to succeed.
  336  The purpose of the center shall be to serve as the mechanism for
  337  coordination among state agencies and the private sector in
  338  order to coordinate policy and overall strategic planning for
  339  developing new markets and expanding and enhancing existing
  340  markets for recyclable materials in this state, other states,
  341  and foreign countries. The duties of the center shall include,
  342  at a minimum:
  343         (a)Identifying and developing new markets and expanding
  344  and enhancing existing markets for recyclable materials;
  345         (b)Pursuing expanded end uses for recycled materials;
  346         (c)Targeting materials for concentrated market-development
  347  efforts;
  348         (d)Developing proposals for new incentives for market
  349  development, particularly focusing on targeted materials;
  350         (e)Providing guidance on issues such as permitting,
  351  finance options for recycling market development, site location,
  352  research and development, grant program criteria for recycled
  353  materials markets, recycling markets education and information,
  354  and minimum content;
  355         (f)Coordinating the efforts of various governmental
  356  entities having market-development responsibilities in order to
  357  optimize supply and demand for recyclable materials;
  358         (g)Evaluating source-reduced products as they relate to
  359  state procurement policy. The evaluation shall include, but is
  360  not limited to, the environmental and economic impact of source
  361  reduced product purchases to the state. For the purposes of this
  362  paragraph, the term “source-reduced” means any method, process,
  363  product, or technology that significantly or substantially
  364  reduces the volume or weight of a product while providing, at a
  365  minimum, equivalent or generally similar performance and service
  366  to and for the users of such materials;
  367         (h)Providing evaluation of solid waste management grants,
  368  pursuant to s. 403.7095, to reduce the flow of solid waste to
  369  disposal facilities and encourage the sustainable recovery of
  370  materials from Florida’s waste stream;
  371         (i)Providing below-market financing for companies that
  372  manufacture products from recycled materials or convert
  373  recyclable materials into raw materials for use in
  374  manufacturing, pursuant to the Florida Recycling Loan Program as
  375  administered by the Florida First Capital Finance Corporation;
  376         (j)Maintaining a continuously updated online directory,
  377  listing the public and private entities that collect, transport,
  378  broker, process, or remanufacture recyclable materials in the
  379  state;
  380         (k)Providing information on the availability and benefits
  381  of using recycled materials to private entities and industries
  382  in the state;
  383         (l)Distributing any materials prepared in implementing
  384  this subsection to the public, private entities, industries,
  385  governmental entities, or other organizations upon request; and
  386         (m)Coordinating with the Agency for Workforce Innovation
  387  and its partners to provide job placement and job training
  388  services to job seekers through the state’s workforce services
  389  programs.
  390         Section 3. Subsection (9) is added to section 288.9015,
  391  Florida Statutes, to read:
  392         288.9015 Enterprise Florida, Inc.; purpose; duties.—
  393         (9)Enterprise Florida, Inc., shall provide technical
  394  assistance to the Department of Environmental Protection in the
  395  creation of the Recycling Business Assistance Center pursuant to
  396  s. 403.7032(5). As the state’s primary organization devoted to
  397  statewide economic development, Enterprise Florida, Inc., is
  398  encouraged to cooperate with the Department of Environmental
  399  Protection to ensure that the Recycling Business Assistance
  400  Center is positioned to succeed in helping to enhance and expand
  401  existing markets for recyclable materials in Florida, other
  402  states, and foreign countries.
  403         Section 4. Subsection (1) of section 403.7046, Florida
  404  Statutes, is amended to read:
  405         403.7046 Regulation of recovered materials.—
  406         (1) Any person who handles, purchases, receives, recovers,
  407  sells, or is an end user of recovered materials shall annually
  408  certify to the department on forms provided by the department.
  409  The department may by rule exempt from this requirement
  410  generators of recovered materials; persons who handle or sell
  411  recovered materials as an activity which is incidental to the
  412  normal primary business activities of that person; or persons
  413  who handle, purchase, receive, recover, sell, or are end users
  414  of recovered materials in small quantities as defined by the
  415  department. The department shall adopt rules for the
  416  certification of and reporting by such persons and shall
  417  establish criteria for revocation of such certification. Prior
  418  to the adoption of such rules, the department shall appoint a
  419  technical advisory committee of no more than nine persons,
  420  including, at a minimum, representatives of the Florida
  421  Association of Counties, the Florida League of Cities, the
  422  Florida Recyclers Association, and the Florida Chapter of the
  423  National Solid Waste Management Association, to aid in the
  424  development of such rules. Such rules shall be designed to
  425  elicit, at a minimum, the amount and types of recovered
  426  materials handled by registrants, and the amount and disposal
  427  site, or name of person with whom such disposal was arranged, of
  428  any solid waste generated by such facility. By February 1 of
  429  each year, registrants shall report all required information to
  430  the department and to all counties from which it received
  431  materials. Such rules may provide for the department to conduct
  432  periodic inspections. The department may charge a fee of up to
  433  $50 for each registration, which shall be deposited into the
  434  Solid Waste Management Trust Fund for implementation of the
  435  program.
  436         Section 5. Paragraph (c) of subsection (2) and subsection
  437  (3) of section 403.705, Florida Statutes, are amended to read:
  438         403.705 State solid waste management program.—
  439         (2) The state solid waste management program shall include,
  440  at a minimum:
  441         (c) Planning guidelines and technical assistance to
  442  counties and municipalities to aid in meeting the municipal
  443  solid waste reduction goals established in s. 403.706(2) s.
  444  403.706(4).
  445         (3) The department shall periodically seek information from
  446  counties to evaluate and report to the Legislature biennially on
  447  the state’s success in meeting the solid waste recycling
  448  reduction goal as described in s. 403.706(2).
  449         Section 6. Subsections (2), (6), (4), (7), and (21) of
  450  section 403.706, Florida Statutes, are amended to read:
  451         403.706 Local government solid waste responsibilities.—
  452         (2)(a) Each county shall implement a recyclable materials
  453  recycling program that shall have a goal of recycling recyclable
  454  solid waste by 40 percent by December 31, 2012, 50 percent by
  455  December 31, 2014, 60 percent by December 31, 2016, 70 percent
  456  by December 31, 2018, and 75 percent by December 31, 2020.
  457  Counties and municipalities are encouraged to form cooperative
  458  arrangements for implementing recycling programs.
  459         (b)In order to assist in attaining the goals provided in
  460  this paragraph (a), the Legislature finds that the recycling of
  461  construction and demolition debris is in the state’s interest.
  462  Each county shall implement a program that shall have a goal of
  463  reducing construction and demolition debris disposed of in
  464  landfills by 40 percent by December 31, 2012, 50 percent by
  465  December 31, 2014, 60 percent by December 31, 2016, 70 percent
  466  by December 31, 2018, and 75 percent by December 31, 2020.
  467         (c) In a manner that is in accordance with the applicable
  468  local government ordinance, property receiving a certificate of
  469  occupancy or the equivalent on or after January 1, 2011, which
  470  is used for multifamily residential purposes or for commercial
  471  purposes must provide adequate space and an adequate receptacle
  472  for recycling by the tenant and owner of the property.
  473         (d)If, by January 1 of 2013, 2015, 2017, 2019, or 2021,
  474  the county, as determined by the department in accordance with
  475  applicable rules, has not reached the recycling goals provided
  476  in paragraph (a), the department may direct the county to
  477  develop a plan to expand recycling programs to existing
  478  commercial and multifamily dwellings, including, but not limited
  479  to, apartment complexes.
  480         (e)If the state’s recycling rate for the 2013 calendar
  481  year is below 40 percent, or below 50 percent by January 1,
  482  2015, or below 60 percent by January 1, 2017, or below 70
  483  percent by January 1, 2019, or below 75 percent by January 1,
  484  2021, the department shall provide a report to the Legislature.
  485  The report shall identify those additional programs or statutory
  486  changes needed to achieve the goals provided in this subsection.
  487  The report shall be provided no later than 30 days prior to the
  488  Regular Session of the Legislature. If the state reaches its
  489  recycling goals as described in this paragraph, the department
  490  shall not provide a report to the Legislature.
  491         (f)(b) Such programs shall be designed to recover a
  492  significant portion of at least four of the following materials
  493  from the solid waste stream prior to final disposal at a solid
  494  waste disposal facility and to offer these materials for
  495  recycling: newspaper, aluminum cans, steel cans, glass, plastic
  496  bottles, cardboard, office paper, and yard trash. Local
  497  governments which operate permitted waste-to-energy facilities
  498  may retrieve ferrous and nonferrous metal as a byproduct of
  499  combustion.
  500         (g)(c) Local governments are encouraged to separate all
  501  plastics, metal, and all grades of paper for recycling prior to
  502  final disposal and are further encouraged to recycle yard trash
  503  and other mechanically treated solid waste into compost
  504  available for agricultural and other acceptable uses.
  505         (h)The department shall adopt rules establishing the
  506  method and criteria to be used by a county in calculating the
  507  recycling rates pursuant to this subsection.
  508         (d)By July 1, 2010, each county shall develop and
  509  implement a plan to achieve a goal to compost organic materials
  510  that would otherwise be disposed of in a landfill. The goal
  511  shall provide that up to 10 percent and no less than 5 percent
  512  of organic material would be composted within the county and the
  513  municipalities within its boundaries. The department may reduce
  514  or modify the compost goal if the county demonstrates to the
  515  department that achievement of the goal would be impractical
  516  given the county’s unique demographic, urban density, or
  517  inability to separate normally compostable material from the
  518  solid waste stream. The composting plan is encouraged to address
  519  partnership with the private sector.
  520         (i)(e) Each county is encouraged to consider plans for
  521  composting or mulching organic materials that would otherwise be
  522  disposed of in a landfill. The composting or mulching plans are
  523  encouraged to address partnership with the private sector.
  524         (4)(a)A county’s solid waste management and recycling
  525  programs shall be designed to provide for sufficient reduction
  526  of the amount of solid waste generated within the county and the
  527  municipalities within its boundaries in order to meet goals for
  528  the reduction of municipal solid waste prior to the final
  529  disposal or the incineration of such waste at a solid waste
  530  disposal facility. The goals shall provide, at a minimum, that
  531  the amount of municipal solid waste that would be disposed of
  532  within the county and the municipalities within its boundaries
  533  is reduced by at least 30 percent.
  534         (a)(b) A county may receive credit for one-half of the
  535  recycling goal in subsection (2) for waste reduction from the
  536  use of yard trash, or other clean wood waste or paper waste, in
  537  innovative programs including, but not limited to, programs that
  538  produce alternative clean-burning fuels such as ethanol or that
  539  provide for the conversion of yard trash or other clean wood
  540  waste or paper waste to clean-burning fuel for the production of
  541  energy for use at facilities other than a waste-to-energy
  542  facility as defined in s. 403.7061. The provisions of this
  543  paragraph apply only if a county can demonstrate that:
  544         1. The county has implemented a yard trash mulching or
  545  composting program, and
  546         2. As part of the program, compost and mulch made from yard
  547  trash is available to the general public and in use at county
  548  owned or maintained and municipally owned or maintained
  549  facilities in the county and state agencies operating in the
  550  county as required by this section.
  551         (b)Solid waste used for the production of renewable energy
  552  shall count toward the long-term recycling goal as set forth in
  553  subsection (2), provided the county in which a waste-to-energy
  554  facility is located has implemented and maintains a program that
  555  is designed to recycle at least 40 percent of municipal solid
  556  waste by means other than gasification or combustion.
  557         (c) A county with a population of 100,000 or less may
  558  provide its residents with the opportunity to recycle in lieu of
  559  achieving the goal set forth in this section paragraph (a). For
  560  the purposes of this section subsection, the “opportunity to
  561  recycle” means that the county:
  562         1.a. Provides a system for separating and collecting
  563  recyclable materials prior to disposal that is located at a
  564  solid waste management facility or solid waste disposal area; or
  565         b. Provides a system of places within the county for
  566  collection of source-separated recyclable materials.
  567         2. Provides a public education and promotion program that
  568  is conducted to inform its residents of the opportunity to
  569  recycle, encourages source separation of recyclable materials,
  570  and promotes the benefits of reducing, reusing, recycling, and
  571  composting materials.
  572         (6) The department may reduce or modify the municipal solid
  573  waste recycling reduction goal that a county is required to
  574  achieve pursuant to subsection (2) (4) if the county
  575  demonstrates to the department that:
  576         (a) The achievement of the goal set forth in subsection (2)
  577  (4) would have an adverse effect on the financial obligations of
  578  a county or a city that are directly related to a waste-to
  579  energy facility owned or operated by or on behalf of the county
  580  or the city; and
  581         (b) The county or the city cannot remove normally
  582  combustible materials from solid waste that is to be processed
  583  at a waste-to-energy facility because of the need to maintain a
  584  sufficient amount of solid waste to ensure the financial
  585  viability of the facility.
  587  The goal shall not be waived entirely and may only be reduced or
  588  modified to the extent necessary to alleviate the adverse
  589  effects of achieving the goal on the financial viability of a
  590  county’s waste-to-energy facility. Nothing in this subsection
  591  shall exempt a county from developing and implementing a
  592  recycling program pursuant to this act.
  593         (7) In order to assess the progress in meeting the goal
  594  established in subsection (2) (4), each county shall, by April 1
  595  November each year, provide information to the department
  596  regarding its annual solid waste management program and
  597  recycling activities. The information by the county must, at a
  598  minimum, include:
  599         (a) The amount of municipal solid waste disposed of at
  600  solid waste disposal facilities, by type of waste such as yard
  601  trash, white goods, clean debris, tires, and unseparated solid
  602  waste;
  603         (b) The amount and type of materials from the municipal
  604  solid waste stream that were recycled; and
  605         (c) The percentage of the population participating in
  606  various types of recycling activities instituted.
  607         (d)Beginning with the data for the 2012 calendar year, the
  608  department shall annually, by July 1, post on its website the
  609  recycling rates of each county for the prior calendar year.
  610         (21) Local governments are authorized to enact ordinances
  611  that require and direct all residential properties, multifamily
  612  dwellings, and apartment complexes and industrial, commercial,
  613  and institutional establishments as defined by the local
  614  government to establish programs for the separation of
  615  recyclable materials designated by the local government, which
  616  recyclable materials are specifically intended for purposes of
  617  recycling and for which a market exists, and to provide for
  618  their collection. Such ordinances may include, but are not
  619  limited to, provisions that prohibit any person from knowingly
  620  disposing of recyclable materials designated by the local
  621  government and that ensure the collection of recovered materials
  622  as necessary to protect public health and safety.
  623         Section 7. Paragraph (c) of subsection (3) of section
  624  403.7061, Florida Statutes, is amended to read:
  625         403.7061 Requirements for review of new waste-to-energy
  626  facility capacity by the Department of Environmental
  627  Protection.—
  628         (3) An applicant must provide reasonable assurance that the
  629  construction of a new waste-to-energy facility or the expansion
  630  of an existing waste-to-energy facility will comply with the
  631  following criteria:
  632         (c) The county in which the facility is located has
  633  implemented and maintains a solid waste management and recycling
  634  program that is designed to achieve a the waste reduction goal
  635  of recycling recyclable solid waste by at least 40 percent by
  636  January 1, 2013 set forth in s. 403.706(4). The requirements of
  637  this paragraph do not apply to For the purposes of this section,
  638  the provisions of s. 403.706(4)(c) for counties having
  639  populations of 100,000 or fewer do not apply.
  640         Section 8. Subsection (9) of section 403.707, Florida
  641  Statutes, is amended to read:
  642         403.707 Permits.—
  643         (9) The department shall establish a separate category for
  644  solid waste management facilities that accept only construction
  645  and demolition debris for disposal or recycling. The department
  646  shall establish a reasonable schedule for existing facilities to
  647  comply with this section to avoid undue hardship to such
  648  facilities. However, a permitted solid waste disposal unit that
  649  receives a significant amount of waste prior to the compliance
  650  deadline established in this schedule shall not be required to
  651  be retrofitted with liners or leachate control systems.
  652         (a) The department shall establish reasonable construction,
  653  operation, monitoring, recordkeeping, financial assurance, and
  654  closure requirements for such facilities. The department shall
  655  take into account the nature of the waste accepted at various
  656  facilities when establishing these requirements, and may impose
  657  less stringent requirements, including a system of general
  658  permits or registration requirements, for facilities that accept
  659  only a segregated waste stream which is expected to pose a
  660  minimal risk to the environment and public health, such as clean
  661  debris. The Legislature recognizes that incidental amounts of
  662  other types of solid waste are commonly generated at
  663  construction or demolition projects. In any enforcement action
  664  taken pursuant to this section, the department shall consider
  665  the difficulty of removing these incidental amounts from the
  666  waste stream.
  667         (b) The department shall not require liners and leachate
  668  collection systems at individual disposal units and lateral
  669  expansions of existing disposal units that have not received a
  670  department permit authorizing construction or operation prior to
  671  July 1, 2010 facilities unless it demonstrates, based upon the
  672  types of waste received, the methods for controlling types of
  673  waste disposed of, the proximity of groundwater and surface
  674  water, and the results of the hydrogeological and geotechnical
  675  investigations, that the facility is reasonably expected to
  676  result in violations of groundwater standards and criteria
  677  otherwise.
  678         (c) The owner or operator shall provide financial assurance
  679  for closing of the facility in accordance with the requirements
  680  of s. 403.7125. The financial assurance shall cover the cost of
  681  closing the facility and 5 years of long-term care after
  682  closing, unless the department determines, based upon
  683  hydrogeologic conditions, the types of wastes received, or the
  684  groundwater monitoring results, that a different long-term care
  685  period is appropriate. However, unless the owner or operator of
  686  the facility is a local government, the escrow account described
  687  in s. 403.7125(2) may not be used as a financial assurance
  688  mechanism.
  689         (d) The department shall establish training requirements
  690  for operators of facilities, and shall work with the State
  691  University System or other providers to assure that adequate
  692  training courses are available. The department shall also assist
  693  the Florida Home Builders Association in establishing a
  694  component of its continuing education program to address proper
  695  handling of construction and demolition debris, including best
  696  management practices for reducing contamination of the
  697  construction and demolition debris waste stream.
  698         (e) The issuance of a permit under this subsection does not
  699  obviate the need to comply with all applicable zoning and land
  700  use regulations.
  701         (f) A permit is not required under this section for the
  702  disposal of construction and demolition debris on the property
  703  where it is generated, but such property must be covered,
  704  graded, and vegetated as necessary when disposal is complete.
  705         (g) By January 1, 2012, the amount of construction and
  706  demolition debris processed and recycled prior to disposal at a
  707  permitted materials recovery facility or at any other permitted
  708  disposal facility shall be reported by the county of origin to
  709  the department and to the county on an annual basis in
  710  accordance with rules adopted by the department. The rules shall
  711  establish criteria to insure accurate and consistent reporting
  712  for purposes of determining the recycling rate in s. 403.706.
  713  The rules also shall provide that, to the extent economically
  714  feasible, all construction and demolition debris must be
  715  processed prior to disposal, either at a permitted waste
  716  processing facility or a permitted disposal facility. This
  717  requirement does not apply to any materials that have been
  718  source separated and offered for recycling or to materials that
  719  have been previously processed. It is the policy of the
  720  Legislature to encourage facilities to recycle. The department
  721  shall establish criteria and guidelines that encourage recycling
  722  where practical and provide for the use of recycled materials in
  723  a manner that protects the public health and the environment.
  724  Facilities are authorized to recycle, provided such activities
  725  do not conflict with such criteria and guidelines.
  726         (h) The department shall ensure that the requirements of
  727  this section are applied and interpreted consistently throughout
  728  the state. In accordance with s. 20.255, the Division of Waste
  729  Management shall direct the district offices and bureaus on
  730  matters relating to the interpretation and applicability of this
  731  section.
  732         (i) The department shall provide notice of receipt of a
  733  permit application for the initial construction of a
  734  construction and demolition debris disposal facility to the
  735  local governments having jurisdiction where the facility is to
  736  be located.
  737         (j) The Legislature recognizes that recycling, waste
  738  reduction, and resource recovery are important aspects of an
  739  integrated solid waste management program and as such are
  740  necessary to protect the public health and the environment. If
  741  necessary to promote such an integrated program, the county may
  742  determine, after providing notice and an opportunity for a
  743  hearing prior to April 30, 2008, that some or all of the
  744  material described in s. 403.703(6)(b) shall be excluded from
  745  the definition of “construction and demolition debris” in s.
  746  403.703(6) within the jurisdiction of such county. The county
  747  may make such a determination only if it finds that, prior to
  748  June 1, 2007, the county has established an adequate method for
  749  the use or recycling of such wood material at an existing or
  750  proposed solid waste management facility that is permitted or
  751  authorized by the department on June 1, 2007. The county is not
  752  required to hold a hearing if the county represents that it
  753  previously has held a hearing for such purpose, or if the county
  754  represents that it previously has held a public meeting or
  755  hearing that authorized such method for the use or recycling of
  756  trash or other nonputrescible waste materials and that such
  757  materials include those materials described in s. 403.703(6)(b).
  758  The county shall provide written notice of its determination to
  759  the department by no later than April 30, 2008; thereafter, the
  760  materials described in s. 403.703(6) shall be excluded from the
  761  definition of “construction and demolition debris” in s.
  762  403.703(6) within the jurisdiction of such county. The county
  763  may withdraw or revoke its determination at any time by
  764  providing written notice to the department.
  765         (k) Brazilian pepper and other invasive exotic plant
  766  species as designated by the department resulting from
  767  eradication projects may be processed at permitted construction
  768  and demolition debris recycling facilities or disposed of at
  769  permitted construction and demolition debris disposal facilities
  770  or Class III facilities. The department may adopt rules to
  771  implement this paragraph.
  772         Section 9. Section 403.7095, Florida Statutes, is amended
  773  to read:
  774         403.7095 Solid waste management grant program.—
  775         (1)The department shall develop a competitive and
  776  innovative grant program for counties, municipalities, special
  777  districts, and nonprofit organizations that have legal
  778  responsibility for the provision of solid waste management
  779  services. For purposes of this program, “innovative” means that
  780  the process, technology, or activity for which funding is sought
  781  has not previously been implemented within the jurisdiction of
  782  the applicant. The applicant must:
  783         (a)Demonstrate technologies or processes that represent a
  784  novel application of an existing technology or process to
  785  recycle or reduce waste, or that overcome obstacles to recycling
  786  or waste reduction in new or innovative ways;
  787         (b)Demonstrate innovative processes to collect and recycle
  788  or reduce materials targeted by the department and the recycling
  789  industry; or
  790         (c)Demonstrate effective solutions to solving solid waste
  791  problems resulting from waste tires, particularly in the areas
  792  of enforcement and abatement of illegal tire dumping and
  793  activities to promote market development of waste tire products.
  795  Because the Legislature recognizes that input from the recycling
  796  industry is essential to the success of this grant program, the
  797  department shall cooperate with private sector entities to
  798  develop a process and define specific criteria for allowing
  799  their participation with grant recipients.
  800         (2)The department shall evaluate and prioritize the annual
  801  grant proposals and present the annual prioritized list of
  802  projects to be funded to the Governor and the Legislature as
  803  part of its annual budget request submitted pursuant to chapter
  804  216. Potential grant recipients are encouraged to demonstrate
  805  local support for grant proposals by the commitment of cash or
  806  in-kind matching funds.
  807         (1)(3) The department shall develop a consolidated grant
  808  program for small counties having populations fewer than
  809  100,000, with grants to be distributed equally among eligible
  810  counties. Programs to be supported with the small-county
  811  consolidated grants include general solid waste management,
  812  litter prevention and control, and recycling and education
  813  programs.
  814         (2)(4) The department shall develop a waste tire grant
  815  program making grants available to all counties. The department
  816  shall ensure that at least 25 percent of the funding available
  817  for waste tire grants is distributed equally to each county
  818  having a population fewer than 100,000. Of the remaining funds
  819  distributed to counties having a population of 100,000 or
  820  greater, the department shall distribute those funds on the
  821  basis of population.
  822         (3)(5) From the funds made available pursuant to s.
  823  403.709(1)(e) for the grant program created by this section, the
  824  following distributions shall be made:
  825         (a)Up to 15 percent for the program described in
  826  subsection (1);
  827         (a)(b) Up to 50 35 percent for the program described in
  828  subsection (1)(3); and
  829         (b)(c) Up to 50 percent for the program described in
  830  subsection (2)(4).
  831         (4)(6) The department may adopt rules necessary to
  832  administer this section, including, but not limited to, rules
  833  governing timeframes for submitting grant applications, criteria
  834  for prioritizing, matching criteria, maximum grant amounts, and
  835  allocation of appropriated funds based upon project and
  836  applicant size.
  837         (7)Notwithstanding any provision of this section to the
  838  contrary, and for the 2009-2010 fiscal year only, the Department
  839  of Environmental Protection shall award the sum of $2,600,000 in
  840  grants equally to counties having populations of fewer than
  841  100,000 for waste tire and litter prevention, recycling
  842  education, and general solid waste programs. This subsection
  843  expires July 1, 2010.
  844         (8)(a)Notwithstanding any provision of this section to the
  845  contrary, and for the 2008-2009 fiscal year only, the Department
  846  of Environmental Protection shall award:
  847         1.The sum of $9,428,773 in grants equally to counties
  848  having populations of fewer than 100,000 for waste tire and
  849  litter prevention, recycling education, and general solid waste
  850  programs.
  851         2.The sum of $2,000,781 to be used for the Innovative
  852  Grant Program.
  853         (b)This subsection expires July 1, 2009.
  854         Section 10. Subsection (1) of section 403.7145, Florida
  855  Statutes, is amended, and subsections (3) and (4) are added to
  856  that section, to read:
  857         403.7145 Recycling.—
  858         (1) The Capitol and the House and Senate office buildings
  859  constitute the Capitol recycling area. The Florida House of
  860  Representatives, the Florida Senate, and the Office of the
  861  Governor, the Secretary of State, and each Cabinet officer who
  862  heads a department that occupies office space in the Capitol,
  863  shall institute a recycling program for their respective offices
  864  in the House and Senate office buildings and the Capitol.
  865  Provisions shall be made to collect and sell wastepaper and
  866  empty aluminum beverage containers cans generated by employee
  867  activities in these offices. The collection and sale of such
  868  materials shall be reported to Leon County using the
  869  department’s designated reporting format and coordinated with
  870  Department of Management Services recycling activities to
  871  maximize the efficiency and economy of this program. The
  872  Governor, the Speaker of the House of Representatives, the
  873  President of the Senate, the Secretary of State, and the Cabinet
  874  officers may authorize the use of proceeds from recyclable
  875  material sales for employee benefits and other purposes, in
  876  order to provide incentives to their respective employees for
  877  participation in the recycling program. Such proceeds may also
  878  be used to offset any costs of the recycling program. As a
  879  demonstration of leading by example, the Capitol Building’s
  880  recycling rates shall be posted on the website of the Department
  881  of Management Services and shall include the details of the
  882  recycling rates for each Department of Management Services pool
  883  facility. The Department of Environmental Protection shall post
  884  recycling rates of each state-owned facility reported to the
  885  Department of Management Services.
  886         (3)Prior to awarding any grants pursuant to s. 403.7095,
  887  the department shall develop and contract for an innovative
  888  recycling pilot project for the Capitol recycling area. The
  889  project shall be designed to collect recyclable materials and
  890  create a more sustainable recycling system. Components of the
  891  project shall be designed to increase convenience, incentivize
  892  and measure participation, reduce material volume, and assist in
  893  achieving the recycling goals enumerated in s. 403.706.
  894         (4)Each public airport operating in this state shall, to
  895  the greatest extent practicable, collect aluminum beverage cans
  896  and recyclable plastic and glass from the airlines and other
  897  entities doing business at the airport and offer such materials
  898  for recycling and may retain the economic benefit of these
  899  activities to offset the costs associated with such collection.
  900  Airport administration offices, airport vendors, and airlines
  901  are encouraged to coordinate the collection of recyclable waste
  902  to the greatest extent practicable. The provisions of this
  903  subsection are not intended to interfere with any established
  904  recycling activity.
  905         Section 11. Paragraph (m) is added to subsection (1) of
  906  section 553.77, Florida Statutes, to read:
  907         553.77 Specific powers of the commission.—
  908         (1) The commission shall:
  909         (m)Develop recommendations that increase residential and
  910  commercial recycling and composting, and strongly encourages the
  911  use of recyclable materials and the recycling of construction
  912  and demolition debris.
  913         Section 12. Subsection (5) of section 403.7049, Florida
  914  Statutes, is amended to read:
  915         403.7049 Determination of full cost for solid waste
  916  management; local solid waste management fees.—
  917         (5) In order to assist in achieving the municipal solid
  918  waste reduction goal and the recycling provisions of s.
  919  403.706(2) s. 403.706(4), a county or a municipality which owns
  920  or operates a solid waste management facility is hereby
  921  authorized to charge solid waste disposal fees which may vary
  922  based on a number of factors, including, but not limited to, the
  923  amount, characteristics, and form of recyclable materials
  924  present in the solid waste that is brought to the county’s or
  925  the municipality’s facility for processing or disposal.
  926         Section 13. Section 288.1185, Florida Statutes, is
  927  repealed.
  928         Section 14. This act shall take effect July 1, 2010.

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