CS for CS for SB 570                             First Engrossed
    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; providing for
   31         the creation of a voluntary recyclers certification
   32         program; amending s. 403.706, F.S.; revising
   33         requirements for the implementation of recyclable
   34         materials recycling programs by counties; providing
   35         legislative intent; providing requirements for the
   36         provision of recycling services; providing authority
   37         for the Department of Environmental Protection to
   38         require a plan under certain conditions; requiring a
   39         report to the Legislature by the Department of
   40         Environmental Protection if recycling benchmarks are
   41         not met; requiring the department to adopt rules;
   42         eliminating a requirement that counties develop
   43         composting goals; encouraging counties to develop
   44         composting plans; providing for waivers; providing
   45         deadlines for the reporting of recycling data;
   46         revising requirements for the enactment of ordinances
   47         by local governments relating to programs for the
   48         separation of recyclable materials; amending s.
   49         403.7061, F.S.; revising requirements for review of
   50         new waste-to-energy facility capacity by the
   51         Department of Environmental Protection; clarifying an
   52         exemption; amending s. 403.707, F.S.; requiring liners
   53         for new construction and demolition debris landfills
   54         under certain conditions; providing reporting
   55         requirements for certain construction and demolition
   56         debris; requiring the department to adopt rules;
   57         providing rule requirements; providing an exemption;
   58         amending s. 403.7095, F.S.; deleting application
   59         requirements for the solid waste management program;
   60         deleting a requirement for the Department of
   61         Environmental Protection to evaluate and prioritize
   62         proposals for inclusion in its annual budget request;
   63         amending s. 403.7145, F.S.; revising recycling
   64         requirements for state buildings; providing for a
   65         pilot project; requiring each public airport in the
   66         state to collect beverage containers and recyclable
   67         plastic and glass from the entities doing business at
   68         the airport and to offer such materials for recycling;
   69         amending s. 553.77, F.S.; authorizing the Florida
   70         Building Commission to develop recommendations for
   71         recycling and composting; amending s. 403.7049, F.S.;
   72         conforming a cross-reference; repealing s. 288.1185,
   73         F.S., relating to the Recycling Markets Advisory
   74         Committee; providing an effective date.
   76  Be It Enacted by the Legislature of the State of Florida:
   78         Section 1. Section 403.44, Florida Statutes, is amended to
   79  read:
   80         403.44 Florida Climate Protection Act.—
   81         (3) A major emitter shall be required to use The Climate
   82  Registry for purposes of emission registration and reporting.
   83         (4) The department shall establish the methodologies,
   84  reporting periods, and reporting systems that shall be used when
   85  major emitters report to The Climate Registry. The department
   86  may require the use of quality-assured data from continuous
   87  emissions monitoring systems.
   88         (3)(5) The department may adopt rules for a cap-and-trade
   89  regulatory program to reduce greenhouse gas emissions from major
   90  emitters. When developing the rules, the department shall
   91  consult with the Florida Energy and Climate Commission and the
   92  Florida Public Service Commission and may consult with the
   93  Governor’s Action Team for Energy and Climate Change. The
   94  department shall not adopt rules until after January 1, 2010.
   95  The rules shall not become effective until ratified by the
   96  Legislature.
   97         (4)(6) The rules of the cap-and-trade regulatory program
   98  shall include, but are not limited to:
   99         (a) A statewide limit or cap on the amount of greenhouse
  100  gases emitted by major emitters.
  101         (b) Methods, requirements, and conditions for allocating
  102  the cap among major emitters.
  103         (c) Methods, requirements, and conditions for emissions
  104  allowances and the process for issuing emissions allowances.
  105         (d) The relationship between allowances and the specific
  106  amounts of greenhouse gas emissions they represent.
  107         (e) The length of allowance periods and the time over which
  108  entities must account for emissions and surrender allowances
  109  equal to emissions.
  110         (f) The timeline of allowances from the initiation of the
  111  program through to 2050.
  112         (g) A process for the trade of allowances between major
  113  emitters, including a registry, tracking, or accounting system
  114  for such trades.
  115         (h) Cost containment mechanisms to reduce price and cost
  116  risks associated with the electric generation market in this
  117  state. Cost containment mechanisms to be considered for
  118  inclusion in the rules include, but are not limited to:
  119         1. Allowing major emitters to borrow allowances from future
  120  time periods to meet their greenhouse gas emission limits.
  121         2. Allowing major emitters to bank greenhouse gas emission
  122  reductions in the current year to be used to meet emission
  123  limits in future years.
  124         3. Allowing major emitters to purchase emissions offsets
  125  from other entities that produce verifiable reductions in
  126  unregulated greenhouse gas emissions or that produce verifiable
  127  reductions in greenhouse gas emissions through voluntary
  128  practices that capture and store greenhouse gases that otherwise
  129  would be released into the atmosphere. In considering this cost
  130  containment mechanism, the department shall identify sectors and
  131  activities outside of the capped sectors, including other state,
  132  federal, or international activities, and the conditions under
  133  which reductions there can be credited against emissions of
  134  capped entities in place of allowances issued by the department.
  135  The department shall also consider potential methods and their
  136  effectiveness to avoid double-incentivizing such activities.
  137         4. Providing a safety valve mechanism to ensure that the
  138  market prices for allowances or offsets do not surpass a
  139  predetermined level compatible with the affordability of
  140  electric utility rates and the well-being of the state’s
  141  economy. In considering this cost containment mechanism, the
  142  department shall evaluate different price levels for the safety
  143  valve and methods to change the price level over time to reflect
  144  changing state, federal, and international markets, regulatory
  145  environments, and technological advancements.
  147  In considering cost containment mechanisms for inclusion in the
  148  rules, the department shall evaluate the anticipated overall
  149  effect of each mechanism on the abatement of greenhouse gas
  150  emissions and on electricity ratepayers and the benefits and
  151  costs of each to the state’s economy, and shall also consider
  152  the interrelationships between the mechanisms under
  153  consideration.
  154         (i) A process to allow the department to exercise its
  155  authority to discourage leakage of GHG emissions to neighboring
  156  states attributable to the implementation of this program.
  157         (j) Provisions for a trial period on the trading of
  158  allowances before full implementation of a trading system.
  159         (5)(7) In recommending and evaluating proposed features of
  160  the cap-and-trade system, the following factors shall be
  161  considered:
  162         (a) The overall cost-effectiveness of the cap-and-trade
  163  system in combination with other policies and measures in
  164  meeting statewide targets.
  165         (b) Minimizing the administrative burden to the state of
  166  implementing, monitoring, and enforcing the program.
  167         (c) Minimizing the administrative burden on entities
  168  covered under the cap.
  169         (d) The impacts on electricity prices for consumers.
  170         (e) The specific benefits to the state’s economy for early
  171  adoption of a cap-and-trade system for greenhouse gases in the
  172  context of federal climate change legislation and the
  173  development of new international compacts.
  174         (f) The specific benefits to the state’s economy associated
  175  with the creation and sale of emissions offsets from economic
  176  sectors outside of the emissions cap.
  177         (g) The potential effects on leakage if economic activity
  178  relocates out of the state.
  179         (h) The effectiveness of the combination of measures in
  180  meeting identified targets.
  181         (i) The implications for near-term periods of long-term
  182  targets specified in the overall policy.
  183         (j) The overall costs and benefits of a cap-and-trade
  184  system to the state economy.
  185         (k) How to moderate impacts on low-income consumers that
  186  result from energy price increases.
  187         (l) Consistency of the program with other state and
  188  possible federal efforts.
  189         (m) The feasibility and cost-effectiveness of extending the
  190  program scope as broadly as possible among emitting activities
  191  and sinks in Florida.
  192         (n) Evaluation of the conditions under which Florida should
  193  consider linking its trading system to the systems of other
  194  states or other countries and how that might be affected by the
  195  potential inclusion in the rule of a safety valve.
  196         (6)(8) Recognizing that the international, national, and
  197  neighboring state policies and the science of climate change
  198  will evolve, prior to submitting the proposed rules to the
  199  Legislature for consideration, the department shall submit the
  200  proposed rules to the Florida Energy and Climate Commission,
  201  which shall review the proposed rules and submit a report to the
  202  Governor, the President of the Senate, the Speaker of the House
  203  of Representatives, and the department. The report shall
  204  address:
  205         (a) The overall cost-effectiveness of the proposed cap-and
  206  trade system in combination with other policies and measures in
  207  meeting statewide targets.
  208         (b) The administrative burden to the state of implementing,
  209  monitoring, and enforcing the program.
  210         (c) The administrative burden on entities covered under the
  211  cap.
  212         (d) The impacts on electricity prices for consumers.
  213         (e) The specific benefits to the state’s economy for early
  214  adoption of a cap-and-trade system for greenhouse gases in the
  215  context of federal climate change legislation and the
  216  development of new international compacts.
  217         (f) The specific benefits to the state’s economy associated
  218  with the creation and sale of emissions offsets from economic
  219  sectors outside of the emissions cap.
  220         (g)  The potential effects on leakage if economic activity
  221  relocates out of the state.
  222         (h) The effectiveness of the combination of measures in
  223  meeting identified targets.
  224         (i) The economic implications for near-term periods of
  225  short-term and long-term targets specified in the overall
  226  policy.
  227         (j) The overall costs and benefits of a cap-and-trade
  228  system to the economy of the state.
  229         (k) The impacts on low-income consumers that result from
  230  energy price increases.
  231         (l) The consistency of the program with other state and
  232  possible federal efforts.
  233         (m) The evaluation of the conditions under which the state
  234  should consider linking its trading system to the systems of
  235  other states or other countries and how that might be affected
  236  by the potential inclusion in the rule of a safety valve.
  237         (n) The timing and changes in the external environment,
  238  such as proposals by other states or implementation of a federal
  239  program that would spur reevaluation of the Florida program.
  240         (o) The conditions and options for eliminating the Florida
  241  program if a federal program were to supplant it.
  242         (p) The need for a regular reevaluation of the progress of
  243  other emitting regions of the country and of the world, and
  244  whether other regions are abating emissions in a commensurate
  245  manner.
  246         (q) The desirability of and possibilities of broadening the
  247  scope of the state’s cap-and-trade system at a later date to
  248  include more emitting activities as well as sinks in Florida,
  249  the conditions that would need to be met to do so, and how the
  250  program would encourage these conditions to be met, including
  251  developing monitoring and measuring techniques for land use
  252  emissions and sinks, regulating sources upstream, and other
  253  considerations.
  254         Section 2. 403.7032, Florida Statutes, is amended to read:
  255         403.7032 Recycling.—
  256         (1) The Legislature finds that the failure or inability to
  257  economically recover material and energy resources from solid
  258  waste results in the unnecessary waste and depletion of our
  259  natural resources. As the state continues to grow, so will the
  260  potential amount of discarded material that must be treated and
  261  disposed of, necessitating the improvement of solid waste
  262  collection and disposal. Therefore, the maximum recycling and
  263  reuse of such resources are considered high-priority goals of
  264  the state.
  265         (2) By the year 2020, the long-term goal for the recycling
  266  efforts of state and local governmental entities, private
  267  companies and organizations, and the general public is to
  268  recycle at least 75 percent of the municipal solid waste that
  269  would otherwise be reduce the amount of recyclable solid waste
  270  disposed of in waste management facilities, landfills, or
  271  incineration facilities by a statewide average of at least 75
  272  percent. However, any solid waste used for the production of
  273  renewable energy shall count toward the long-term recycling goal
  274  as set forth in this part section.
  275         (3)Each state agency, K-12 public school, public
  276  institution of higher learning, community college, and state
  277  university, including all buildings that are occupied by
  278  municipal, county, or state employees and entities occupying
  279  buildings managed by the Department of Management Services,
  280  must, at a minimum, annually report all recycled materials to
  281  the county using the department’s designated reporting format.
  282  Private businesses, other than certified recovered materials
  283  dealers, that recycle paper, metals, glass, plastics, textiles,
  284  rubber materials, and mulch, are encouraged to report the amount
  285  of materials they recycle to the county annually beginning
  286  January 1, 2011, using the department’s designated reporting
  287  format. Using the information provided, the department shall
  288  recognize those private businesses that demonstrate outstanding
  289  recycling efforts. Private businesses that do not report
  290  recycling rates to the department shall be recorded as having a
  291  zero percent recycling rate. Notwithstanding any other provision
  292  of state or county law, private businesses, other than certified
  293  recovered materials dealers, shall not be required to report
  294  recycling rates. Cities with less than a population of 2,500 and
  295  per capita taxable value less than $4,800 and cities with a per
  296  capita taxable value less than $30,000 are exempt from the
  297  reporting requirement specified in this paragraph.
  298         (4)(3) The Department of Environmental Protection shall
  299  develop a comprehensive recycling program that is designed to
  300  achieve the percentage under subsection (2) and submit the
  301  program to the President of the Senate and the Speaker of the
  302  House of Representatives by January 1, 2010. The program may not
  303  be implemented until approved by the Legislature. The program
  304  must be developed in coordination with input from state and
  305  local entities, private businesses, and the public. Under the
  306  program, recyclable materials shall include, but are not limited
  307  to, metals, paper, glass, plastic, textile, rubber materials,
  308  and mulch. Components of the program shall include, but are not
  309  limited to:
  310         (a) Programs to identify environmentally preferable
  311  purchasing practices to encourage the purchase of recycled,
  312  durable, and less toxic goods. The Department of Management
  313  Services shall modify its procurement system to report on green
  314  and recycled products purchased through the system by September
  315  30, 2011.
  316         (b) Programs to educate students in grades K-12 in the
  317  benefits of, and proper techniques for, recycling.
  318         (c) Programs for statewide recognition of successful
  319  recycling efforts by schools, businesses, public groups, and
  320  private citizens.
  321         (d) Programs for municipalities and counties to develop and
  322  implement efficient recycling efforts to return valuable
  323  materials to productive use, conserve energy, and protect
  324  natural resources.
  325         (e) Programs by which the department can provide technical
  326  assistance to municipalities and counties in support of their
  327  recycling efforts.
  328         (f) Programs to educate and train the public in proper
  329  recycling efforts.
  330         (g) Evaluation of how financial assistance can best be
  331  provided to municipalities and counties in support of their
  332  recycling efforts.
  333         (h) Evaluation of why existing waste management and
  334  recycling programs in the state have not been better used.
  335         (5)The department shall create the Recycling Business
  336  Assistance Center by December 1, 2010. In carrying out its
  337  duties under this subsection, the department shall consult with
  338  state agency personnel appointed to serve as economic
  339  development liaisons under s. 288.021 and seek technical
  340  assistance from Enterprise Florida, Inc., to ensure the
  341  Recycling Business Assistance Center is positioned to succeed.
  342  The purpose of the center shall be to serve as the mechanism for
  343  coordination among state agencies and the private sector in
  344  order to coordinate policy and overall strategic planning for
  345  developing new markets and expanding and enhancing existing
  346  markets for recyclable materials in this state, other states,
  347  and foreign countries. The duties of the center shall include,
  348  at a minimum:
  349         (a)Identifying and developing new markets and expanding
  350  and enhancing existing markets for recyclable materials;
  351         (b)Pursuing expanded end uses for recycled materials;
  352         (c)Targeting materials for concentrated market-development
  353  efforts;
  354         (d)Developing proposals for new incentives for market
  355  development, particularly focusing on targeted materials;
  356         (e)Providing guidance on issues such as permitting,
  357  finance options for recycling market development, site location,
  358  research and development, grant program criteria for recycled
  359  materials markets, recycling markets education and information,
  360  and minimum content;
  361         (f)Coordinating the efforts of various governmental
  362  entities having market-development responsibilities in order to
  363  optimize supply and demand for recyclable materials;
  364         (g)Evaluating source-reduced products as they relate to
  365  state procurement policy. The evaluation shall include, but is
  366  not limited to, the environmental and economic impact of source
  367  reduced product purchases to the state. For the purposes of this
  368  paragraph, the term “source-reduced” means any method, process,
  369  product, or technology that significantly or substantially
  370  reduces the volume or weight of a product while providing, at a
  371  minimum, equivalent or generally similar performance and service
  372  to and for the users of such materials;
  373         (h)Providing evaluation of solid waste management grants,
  374  pursuant to s. 403.7095, to reduce the flow of solid waste to
  375  disposal facilities and encourage the sustainable recovery of
  376  materials from Florida’s waste stream;
  377         (i)Providing below-market financing for companies that
  378  manufacture products from recycled materials or convert
  379  recyclable materials into raw materials for use in
  380  manufacturing, pursuant to the Florida Recycling Loan Program as
  381  administered by the Florida First Capital Finance Corporation;
  382         (j)Maintaining a continuously updated online directory,
  383  listing the public and private entities that collect, transport,
  384  broker, process, or remanufacture recyclable materials in the
  385  state;
  386         (k)Providing information on the availability and benefits
  387  of using recycled materials to private entities and industries
  388  in the state;
  389         (l)Distributing any materials prepared in implementing
  390  this subsection to the public, private entities, industries,
  391  governmental entities, or other organizations upon request; and
  392         (m)Coordinating with the Agency for Workforce Innovation
  393  and its partners to provide job placement and job training
  394  services to job seekers through the state’s workforce services
  395  programs.
  396         Section 3. Subsection (9) is added to section 288.9015,
  397  Florida Statutes, to read:
  398         288.9015 Enterprise Florida, Inc.; purpose; duties.—
  399         (9)Enterprise Florida, Inc., shall provide technical
  400  assistance to the Department of Environmental Protection in the
  401  creation of the Recycling Business Assistance Center pursuant to
  402  s. 403.7032(5). As the state’s primary organization devoted to
  403  statewide economic development, Enterprise Florida, Inc., is
  404  encouraged to cooperate with the Department of Environmental
  405  Protection to ensure that the Recycling Business Assistance
  406  Center is positioned to succeed in helping to enhance and expand
  407  existing markets for recyclable materials in Florida, other
  408  states, and foreign countries.
  409         Section 4. Subsection (1) of section 403.7046, Florida
  410  Statutes, is amended to read:
  411         403.7046 Regulation of recovered materials.—
  412         (1) Any person who handles, purchases, receives, recovers,
  413  sells, or is an end user of recovered materials shall annually
  414  certify to the department on forms provided by the department.
  415  The department may by rule exempt from this requirement
  416  generators of recovered materials; persons who handle or sell
  417  recovered materials as an activity which is incidental to the
  418  normal primary business activities of that person; or persons
  419  who handle, purchase, receive, recover, sell, or are end users
  420  of recovered materials in small quantities as defined by the
  421  department. The department shall adopt rules for the
  422  certification of and reporting by such persons and shall
  423  establish criteria for revocation of such certification. Prior
  424  to the adoption of such rules, the department shall appoint a
  425  technical advisory committee of no more than nine persons,
  426  including, at a minimum, representatives of the Florida
  427  Association of Counties, the Florida League of Cities, the
  428  Florida Recyclers Association, and the Florida Chapter of the
  429  National Solid Waste Management Association, to aid in the
  430  development of such rules. Such rules shall be designed to
  431  elicit, at a minimum, the amount and types of recovered
  432  materials handled by registrants, and the amount and disposal
  433  site, or name of person with whom such disposal was arranged, of
  434  any solid waste generated by such facility. By February 1 of
  435  each year, registrants shall report all required information to
  436  the department and to all counties from which it received
  437  materials. Such rules may provide for the department to conduct
  438  periodic inspections. The department may charge a fee of up to
  439  $50 for each registration, which shall be deposited into the
  440  Solid Waste Management Trust Fund for implementation of the
  441  program.
  442         Section 5. Paragraph (c) of subsection (2) and subsection
  443  (3) of section 403.705, Florida Statutes, are amended and a new
  444  subsection (4) is created to read:
  445         403.705 State solid waste management program.—
  446         (2) The state solid waste management program shall include,
  447  at a minimum:
  448         (c) Planning guidelines and technical assistance to
  449  counties and municipalities to aid in meeting the municipal
  450  solid waste recycling reduction goals established in s.
  451  403.706(2) s. 403.706(4).
  452         (3) The department shall periodically seek information from
  453  counties to evaluate and report to the Legislature biennially on
  454  the state’s success in meeting the solid waste recycling
  455  reduction goal as described in s. 403.706(2).
  456         (4)The department shall adopt rules creating a voluntary
  457  certification program for materials recovery facilities. The
  458  certification criteria shall be based upon the amount and type
  459  of materials recycled and the compliance record of the facility,
  460  and may vary depending on the location in the state and the
  461  available markets for the materials that are processed. Any
  462  materials recovery facility seeking certification shall file an
  463  application to modify its permit, or shall include a
  464  certification application as part of its original permit
  465  application, which application shall not require an additional
  466  fee. The department shall adopt a form for certification
  467  applications, and shall require at least annual reports to
  468  verify the continued qualification for certification. After
  469  January 1, 2012, a county or city may consider utilizing a
  470  certified recycler when renewing or entering into a contract
  471  with a materials recovery facility to accept or process solid
  472  waste. In order to assist in the development of the
  473  certification program the department shall appoint a technical
  474  advisory committee.
  475         Section 6. Subsections (2), (6), (4), (7), and (21) of
  476  section 403.706, Florida Statutes, are amended to read:
  477         403.706 Local government solid waste responsibilities.—
  478         (2)(a) Each county shall implement a recyclable materials
  479  recycling program that shall have a goal of recycling solid
  480  waste by 40 percent by December 31, 2012, 50 percent by December
  481  31, 2014, 60 percent by December 31, 2016, 70 percent by
  482  December 31, 2018, and 75 percent by December 31, 2020. Counties
  483  and municipalities are encouraged to form cooperative
  484  arrangements for implementing recycling programs.
  485         (b) In order to assist in attaining the goals provided in
  486  this paragraph (a), the Legislature finds that the recycling of
  487  construction and demolition debris is in the state’s interest.
  488  Each county shall implement a program with the following goals
  489  for recycling construction and demolition debris: 40 percent by
  490  December 31, 2012; 50 percent by December 31, 2014; 60 percent
  491  by December 31, 2016; 70 percent by December 31, 2018; and 75
  492  percent by December 31, 2020.
  493         (c) Newly developed property receiving a building permit or
  494  its functional equivalent on or after March 1, 2011, which is
  495  used for multifamily residential purposes or for commercial
  496  purposes, must provide adequate space and an adequate receptacle
  497  for recycling by the tenant or owner of the property. This
  498  provision is limited to counties and cities that have an
  499  established commercial recycling program which provides
  500  recycling receptacles to multifamily residential properties and
  501  commercial properties and also provides regular pick-up service
  502  for those receptacles.
  503         (d) If, by January 1 of 2013, 2015, 2017, 2019, or 2021,
  504  the county, as determined by the department in accordance with
  505  applicable rules, has not reached the recycling goals provided
  506  in paragraph (a), the department may direct the county to
  507  develop a plan to expand recycling programs to existing
  508  commercial and multifamily dwellings, including, but not limited
  509  to, apartment complexes.
  510         (e) If the state’s recycling rate for the 2013 calendar
  511  year is below 40 percent, or below 50 percent by January 1,
  512  2015, or below 60 percent by January 1, 2017, or below 70
  513  percent by January 1, 2019, or below 75 percent by January 1,
  514  2021, the department shall provide a report to the Legislature.
  515  The report shall identify those additional programs or statutory
  516  changes needed to achieve the goals provided in this subsection.
  517  The report shall be provided no later than 30 days prior to the
  518  Regular Session of the Legislature. If the state reaches its
  519  recycling goals as described in this paragraph, the department
  520  shall not provide a report to the Legislature.
  521         (f)(b) Such programs shall be designed to recover a
  522  significant portion of at least four of the following materials
  523  from the solid waste stream prior to final disposal at a solid
  524  waste disposal facility and to offer these materials for
  525  recycling: newspaper, aluminum cans, steel cans, glass, plastic
  526  bottles, cardboard, office paper, and yard trash. Local
  527  governments which operate permitted waste-to-energy facilities
  528  may retrieve ferrous and nonferrous metal as a byproduct of
  529  combustion.
  530         (g)(c) Local governments are encouraged to separate all
  531  plastics, metal, and all grades of paper for recycling prior to
  532  final disposal and are further encouraged to recycle yard trash
  533  and other mechanically treated solid waste into compost
  534  available for agricultural and other acceptable uses.
  535         (h) The department shall adopt rules establishing the
  536  method and criteria to be used by a county in calculating the
  537  recycling rates pursuant to this subsection.
  538         (d) By July 1, 2010, each county shall develop and
  539  implement a plan to achieve a goal to compost organic materials
  540  that would otherwise be disposed of in a landfill. The goal
  541  shall provide that up to 10 percent and no less than 5 percent
  542  of organic material would be composted within the county and the
  543  municipalities within its boundaries. The department may reduce
  544  or modify the compost goal if the county demonstrates to the
  545  department that achievement of the goal would be impractical
  546  given the county’s unique demographic, urban density, or
  547  inability to separate normally compostable material from the
  548  solid waste stream. The composting plan is encouraged to address
  549  partnership with the private sector.
  550         (i)(e) Each county is encouraged to consider plans for
  551  composting or mulching organic materials that would otherwise be
  552  disposed of in a landfill. The composting or mulching plans are
  553  encouraged to address partnership with the private sector.
  554         (4)(a) A county’s solid waste management and recycling
  555  programs shall be designed to provide for sufficient reduction
  556  of the amount of solid waste generated within the county and the
  557  municipalities within its boundaries in order to meet goals for
  558  the reduction of municipal solid waste prior to the final
  559  disposal or the incineration of such waste at a solid waste
  560  disposal facility. The goals shall provide, at a minimum, that
  561  the amount of municipal solid waste that would be disposed of
  562  within the county and the municipalities within its boundaries
  563  is reduced by at least 30 percent.
  564         (a)(b) A county may receive credit for one-half of the
  565  recycling goal in subsection (2) for waste reduction from the
  566  use of yard trash, or other clean wood waste or paper waste, in
  567  innovative programs including, but not limited to, programs that
  568  produce alternative clean-burning fuels such as ethanol or that
  569  provide for the conversion of yard trash or other clean wood
  570  waste or paper waste to clean-burning fuel for the production of
  571  energy for use at facilities other than a waste-to-energy
  572  facility as defined in s. 403.7061. The provisions of this
  573  paragraph apply only if a county can demonstrate that:
  574         1. The county has implemented a yard trash mulching or
  575  composting program, and
  576         2. As part of the program, compost and mulch made from yard
  577  trash is available to the general public and in use at county
  578  owned or maintained and municipally owned or maintained
  579  facilities in the county and state agencies operating in the
  580  county as required by this section.
  581         (b)(c) A county with a population of 100,000 or less may
  582  provide its residents with the opportunity to recycle in lieu of
  583  achieving the goal set forth in this section paragraph (a). For
  584  the purposes of this section subsection, the “opportunity to
  585  recycle” means that the county:
  586         1.a. Provides a system for separating and collecting
  587  recyclable materials prior to disposal that is located at a
  588  solid waste management facility or solid waste disposal area; or
  589         b. Provides a system of places within the county for
  590  collection of source-separated recyclable materials.
  591         2. Provides a public education and promotion program that
  592  is conducted to inform its residents of the opportunity to
  593  recycle, encourages source separation of recyclable materials,
  594  and promotes the benefits of reducing, reusing, recycling, and
  595  composting materials.
  596         (6) The department may reduce or modify the municipal solid
  597  waste recycling reduction goal that a county is required to
  598  achieve pursuant to subsection (2) (4) if the county
  599  demonstrates to the department that:
  600         (a) The achievement of the goal set forth in subsection (2)
  601  (4) would have an adverse effect on the financial obligations of
  602  a county or a city that are directly related to a waste-to
  603  energy facility owned or operated by or on behalf of the county
  604  or the city; and
  605         (b) The county or the city cannot remove normally
  606  combustible materials from solid waste that is to be processed
  607  at a waste-to-energy facility because of the need to maintain a
  608  sufficient amount of solid waste to ensure the financial
  609  viability of the facility.
  611  The goal shall not be waived entirely and may only be reduced or
  612  modified to the extent necessary to alleviate the adverse
  613  effects of achieving the goal on the financial viability of a
  614  county’s waste-to-energy facility. Nothing in this subsection
  615  shall exempt a county from developing and implementing a
  616  recycling program pursuant to this act.
  617         (7) In order to assess the progress in meeting the goal
  618  established in subsection (2) (4), each county shall, by April 1
  619  November each year, provide information to the department
  620  regarding its annual solid waste management program and
  621  recycling activities. The information by the county must, at a
  622  minimum, include:
  623         (a) The amount of municipal solid waste disposed of at
  624  solid waste disposal facilities, by type of waste such as yard
  625  trash, white goods, clean debris, tires, and unseparated solid
  626  waste;
  627         (b) The amount and type of materials from the municipal
  628  solid waste stream that were recycled; and
  629         (c) The percentage of the population participating in
  630  various types of recycling activities instituted.
  631         (d) Beginning with the data for the 2012 calendar year, the
  632  department shall annually, by July 1, post on its website the
  633  recycling rates of each county for the prior calendar year.
  634         (21) Local governments are authorized to enact ordinances
  635  that require and direct all residential properties, multifamily
  636  dwellings, and apartment complexes and industrial, commercial,
  637  and institutional establishments as defined by the local
  638  government to establish programs for the separation of
  639  recyclable materials designated by the local government, which
  640  recyclable materials are specifically intended for purposes of
  641  recycling and for which a market exists, and to provide for
  642  their collection. Such ordinances may include, but are not
  643  limited to, provisions that prohibit any person from knowingly
  644  disposing of recyclable materials designated by the local
  645  government and that ensure the collection of recovered materials
  646  as necessary to protect public health and safety.
  647         Section 7. Paragraph (c) of subsection (3) of section
  648  403.7061, Florida Statutes, is amended to read:
  649         403.7061 Requirements for review of new waste-to-energy
  650  facility capacity by the Department of Environmental
  651  Protection.—
  652         (3) An applicant must provide reasonable assurance that the
  653  construction of a new waste-to-energy facility or the expansion
  654  of an existing waste-to-energy facility will comply with the
  655  following criteria:
  656         (c) The county in which the facility is located has
  657  implemented and maintains a solid waste management and recycling
  658  program that is designed to achieve a the waste recycling
  659  reduction goal of 30 percent set forth in s. 403.706(4). For the
  660  purposes of this section, the provisions of s. 403.706(4)(c) for
  661  counties having populations of 100,000 or fewer do not apply.
  662         Section 8. Subsection (9) of section 403.707, Florida
  663  Statutes, is amended to read:
  664         403.707 Permits.—
  665         (9) The department shall establish a separate category for
  666  solid waste management facilities that accept only construction
  667  and demolition debris for disposal or recycling. The department
  668  shall establish a reasonable schedule for existing facilities to
  669  comply with this section to avoid undue hardship to such
  670  facilities. However, a permitted solid waste disposal unit that
  671  receives a significant amount of waste prior to the compliance
  672  deadline established in this schedule shall not be required to
  673  be retrofitted with liners or leachate control systems.
  674         (a) The department shall establish reasonable construction,
  675  operation, monitoring, recordkeeping, financial assurance, and
  676  closure requirements for such facilities. The department shall
  677  take into account the nature of the waste accepted at various
  678  facilities when establishing these requirements, and may impose
  679  less stringent requirements, including a system of general
  680  permits or registration requirements, for facilities that accept
  681  only a segregated waste stream which is expected to pose a
  682  minimal risk to the environment and public health, such as clean
  683  debris. The Legislature recognizes that incidental amounts of
  684  other types of solid waste are commonly generated at
  685  construction or demolition projects. In any enforcement action
  686  taken pursuant to this section, the department shall consider
  687  the difficulty of removing these incidental amounts from the
  688  waste stream.
  689         (b) The department shall not require liners and leachate
  690  collection systems at individual disposal units and lateral
  691  expansions of existing disposal units that have not received a
  692  department permit authorizing construction or operation prior to
  693  July 1, 2010, facilities unless the owner or operator it
  694  demonstrates, based upon the types of waste received, the
  695  methods for controlling types of waste disposed of, the
  696  proximity of groundwater and surface water, and the results of
  697  the hydrogeological and geotechnical investigations, that the
  698  facility is not reasonably expected to result in violations of
  699  groundwater standards and criteria if built without a liner
  700  otherwise.
  701         (c) The owner or operator shall provide financial assurance
  702  for closing of the facility in accordance with the requirements
  703  of s. 403.7125. The financial assurance shall cover the cost of
  704  closing the facility and 5 years of long-term care after
  705  closing, unless the department determines, based upon
  706  hydrogeologic conditions, the types of wastes received, or the
  707  groundwater monitoring results, that a different long-term care
  708  period is appropriate. However, unless the owner or operator of
  709  the facility is a local government, the escrow account described
  710  in s. 403.7125(2) may not be used as a financial assurance
  711  mechanism.
  712         (d) The department shall establish training requirements
  713  for operators of facilities, and shall work with the State
  714  University System or other providers to assure that adequate
  715  training courses are available. The department shall also assist
  716  the Florida Home Builders Association in establishing a
  717  component of its continuing education program to address proper
  718  handling of construction and demolition debris, including best
  719  management practices for reducing contamination of the
  720  construction and demolition debris waste stream.
  721         (e) The issuance of a permit under this subsection does not
  722  obviate the need to comply with all applicable zoning and land
  723  use regulations.
  724         (f) A permit is not required under this section for the
  725  disposal of construction and demolition debris on the property
  726  where it is generated, but such property must be covered,
  727  graded, and vegetated as necessary when disposal is complete.
  728         (g) By January 1, 2012, the amount of construction and
  729  demolition debris processed and recycled prior to disposal at a
  730  permitted materials recovery facility or at any other permitted
  731  disposal facility shall be reported by the county of origin to
  732  the department and to the county on an annual basis in
  733  accordance with rules adopted by the department. The rules shall
  734  establish criteria to ensure accurate and consistent reporting
  735  for purposes of determining the recycling rate in s. 403.706.
  736  The rule also shall provide that, to the extent economically
  737  feasible, all construction and demolition debris must be
  738  processed prior to disposal, either at a permitted waste
  739  processing facility or a permitted disposal facility. The rule
  740  also shall provide for uniform criteria and methodologies that
  741  are to be utilized, by the department, a city or a county, or an
  742  owner or operator of a facility, when determining or evidencing
  743  that the processing of construction and demolition debris is not
  744  economically feasible. This requirement does not apply to any
  745  recovered materials that have been source separated and offered
  746  for recycling or to materials that have been previously
  747  processed. As part of the rule development process, the
  748  department shall appoint a technical advisory committee
  749  including a representative from the Florida Association of
  750  Counties, the Florida League of Cities, the construction and
  751  demolition debris industry, the Florida Home Builders
  752  Association, the Florida Sunshine Chapter of the Solid Wastes
  753  Association of North America, the Florida Chapter of the
  754  National Solid Wastes Management Association, and the Florida
  755  Recyclers Association to aid in the development of such rules.
  756  It is the policy of the Legislature to encourage facilities to
  757  recycle. The department shall establish criteria and guidelines
  758  that encourage recycling where practical and provide for the use
  759  of recycled materials in a manner that protects the public
  760  health and the environment. Facilities are authorized to
  761  recycle, provided such activities do not conflict with such
  762  criteria and guidelines.
  763         (h) The department shall ensure that the requirements of
  764  this section are applied and interpreted consistently throughout
  765  the state. In accordance with s. 20.255, the Division of Waste
  766  Management shall direct the district offices and bureaus on
  767  matters relating to the interpretation and applicability of this
  768  section.
  769         (i) The department shall provide notice of receipt of a
  770  permit application for the initial construction of a
  771  construction and demolition debris disposal facility to the
  772  local governments having jurisdiction where the facility is to
  773  be located.
  774         (j) The Legislature recognizes that recycling, waste
  775  reduction, and resource recovery are important aspects of an
  776  integrated solid waste management program and as such are
  777  necessary to protect the public health and the environment. If
  778  necessary to promote such an integrated program, the county may
  779  determine, after providing notice and an opportunity for a
  780  hearing prior to April 30, 2008, that some or all of the
  781  material described in s. 403.703(6)(b) shall be excluded from
  782  the definition of “construction and demolition debris” in s.
  783  403.703(6) within the jurisdiction of such county. The county
  784  may make such a determination only if it finds that, prior to
  785  June 1, 2007, the county has established an adequate method for
  786  the use or recycling of such wood material at an existing or
  787  proposed solid waste management facility that is permitted or
  788  authorized by the department on June 1, 2007. The county is not
  789  required to hold a hearing if the county represents that it
  790  previously has held a hearing for such purpose, or if the county
  791  represents that it previously has held a public meeting or
  792  hearing that authorized such method for the use or recycling of
  793  trash or other nonputrescible waste materials and that such
  794  materials include those materials described in s. 403.703(6)(b).
  795  The county shall provide written notice of its determination to
  796  the department by no later than April 30, 2008; thereafter, the
  797  materials described in s. 403.703(6) shall be excluded from the
  798  definition of “construction and demolition debris” in s.
  799  403.703(6) within the jurisdiction of such county. The county
  800  may withdraw or revoke its determination at any time by
  801  providing written notice to the department.
  802         (k) Brazilian pepper and other invasive exotic plant
  803  species as designated by the department resulting from
  804  eradication projects may be processed at permitted construction
  805  and demolition debris recycling facilities or disposed of at
  806  permitted construction and demolition debris disposal facilities
  807  or Class III facilities. The department may adopt rules to
  808  implement this paragraph.
  809         Section 9. Section 403.7095, Florida Statutes, is amended
  810  to read:
  811         403.7095 Solid waste management grant program.—
  812         (1)The department shall develop a competitive and
  813  innovative grant program for counties, municipalities, special
  814  districts, and nonprofit organizations that have legal
  815  responsibility for the provision of solid waste management
  816  services. For purposes of this program, “innovative” means that
  817  the process, technology, or activity for which funding is sought
  818  has not previously been implemented within the jurisdiction of
  819  the applicant. The applicant must:
  820         (a)Demonstrate technologies or processes that represent a
  821  novel application of an existing technology or process to
  822  recycle or reduce waste, or that overcome obstacles to recycling
  823  or waste reduction in new or innovative ways;
  824         (b)Demonstrate innovative processes to collect and recycle
  825  or reduce materials targeted by the department and the recycling
  826  industry; or
  827         (c)Demonstrate effective solutions to solving solid waste
  828  problems resulting from waste tires, particularly in the areas
  829  of enforcement and abatement of illegal tire dumping and
  830  activities to promote market development of waste tire products.
  832  Because the Legislature recognizes that input from the recycling
  833  industry is essential to the success of this grant program, the
  834  department shall cooperate with private sector entities to
  835  develop a process and define specific criteria for allowing
  836  their participation with grant recipients.
  837         (2)The department shall evaluate and prioritize the annual
  838  grant proposals and present the annual prioritized list of
  839  projects to be funded to the Governor and the Legislature as
  840  part of its annual budget request submitted pursuant to chapter
  841  216. Potential grant recipients are encouraged to demonstrate
  842  local support for grant proposals by the commitment of cash or
  843  in-kind matching funds.
  844         (1)(3) The department shall develop a consolidated grant
  845  program for small counties having populations fewer than
  846  100,000, with grants to be distributed equally among eligible
  847  counties. Programs to be supported with the small-county
  848  consolidated grants include general solid waste management,
  849  litter prevention and control, and recycling and education
  850  programs.
  851         (2)(4) The department shall develop a waste tire grant
  852  program making grants available to all counties. The department
  853  shall ensure that at least 25 percent of the funding available
  854  for waste tire grants is distributed equally to each county
  855  having a population fewer than 100,000. Of the remaining funds
  856  distributed to counties having a population of 100,000 or
  857  greater, the department shall distribute those funds on the
  858  basis of population.
  859         (3)(5) From the funds made available pursuant to s.
  860  403.709(1)(e) for the grant program created by this section, the
  861  following distributions shall be made:
  862         (a)Up to 15 percent for the program described in
  863  subsection (1);
  864         (a)(b) Up to 50 35 percent for the program described in
  865  subsection (1)(3); and
  866         (b)(c) Up to 50 percent for the program described in
  867  subsection (2)(4).
  868         (4)(6) The department may adopt rules necessary to
  869  administer this section, including, but not limited to, rules
  870  governing timeframes for submitting grant applications, criteria
  871  for prioritizing, matching criteria, maximum grant amounts, and
  872  allocation of appropriated funds based upon project and
  873  applicant size.
  874         (7)Notwithstanding any provision of this section to the
  875  contrary, and for the 2009-2010 fiscal year only, the Department
  876  of Environmental Protection shall award the sum of $2,600,000 in
  877  grants equally to counties having populations of fewer than
  878  100,000 for waste tire and litter prevention, recycling
  879  education, and general solid waste programs. This subsection
  880  expires July 1, 2010.
  881         (8)(a)Notwithstanding any provision of this section to the
  882  contrary, and for the 2008-2009 fiscal year only, the Department
  883  of Environmental Protection shall award:
  884         1.The sum of $9,428,773 in grants equally to counties
  885  having populations of fewer than 100,000 for waste tire and
  886  litter prevention, recycling education, and general solid waste
  887  programs.
  888         2.The sum of $2,000,781 to be used for the Innovative
  889  Grant Program.
  890         (b)This subsection expires July 1, 2009.
  891         Section 10. Subsection (1) of section 403.7145, Florida
  892  Statutes, is amended, and subsections (3) and (4) are added to
  893  that section, to read:
  894         403.7145 Recycling.—
  895         (1) The Capitol and the House and Senate office buildings
  896  constitute the Capitol recycling area. The Florida House of
  897  Representatives, the Florida Senate, and the Office of the
  898  Governor, the Secretary of State, and each Cabinet officer who
  899  heads a department that occupies office space in the Capitol,
  900  shall institute a recycling program for their respective offices
  901  in the House and Senate office buildings and the Capitol.
  902  Provisions shall be made to collect and sell wastepaper and
  903  empty aluminum beverage containers cans generated by employee
  904  activities in these offices. The collection and sale of such
  905  materials shall be reported to Leon County using the
  906  department’s designated reporting format and coordinated with
  907  Department of Management Services recycling activities to
  908  maximize the efficiency and economy of this program. The
  909  Governor, the Speaker of the House of Representatives, the
  910  President of the Senate, the Secretary of State, and the Cabinet
  911  officers may authorize the use of proceeds from recyclable
  912  material sales for employee benefits and other purposes, in
  913  order to provide incentives to their respective employees for
  914  participation in the recycling program. Such proceeds may also
  915  be used to offset any costs of the recycling program. As a
  916  demonstration of leading by example, the Capitol Building’s
  917  recycling rates shall be posted on the website of the Department
  918  of Management Services and shall include the details of the
  919  recycling rates for each Department of Management Services pool
  920  facility. The Department of Environmental Protection shall post
  921  recycling rates of each state-owned facility reported to the
  922  Department of Management Services.
  923         (3) The department shall develop and contract for an
  924  innovative recycling pilot project for the Capitol recycling
  925  area. The project shall be designed to collect recyclable
  926  materials and create a more sustainable recycling system.
  927  Components of the project shall be designed to increase
  928  convenience, incentivize and measure participation, reduce
  929  material volume, and assist in achieving the recycling goals
  930  enumerated in s. 403.706.
  931         (4) Each public airport operating in this state shall, to
  932  the greatest extent practicable, collect beverage containers and
  933  recyclable plastic and glass from the airlines and other
  934  entities doing business at the airport and offer such materials
  935  for recycling and may retain the economic benefit of these
  936  activities to offset the costs associated with such collection.
  937  Airport administration offices, airport vendors, and airlines
  938  are encouraged to coordinate the collection of recyclable waste
  939  to the greatest extent practicable. The provisions of this
  940  subsection are not intended to interfere with any established
  941  recycling activity.
  942         Section 11. Paragraph (m) is added to subsection (1) of
  943  section 553.77, Florida Statutes, to read:
  944         553.77 Specific powers of the commission.—
  945         (1) The commission shall:
  946         (m) Develop recommendations that increase residential and
  947  commercial recycling and composting, and strongly encourages the
  948  use of recyclable materials and the recycling of construction
  949  and demolition debris.
  950         Section 12. Subsection (5) of section 403.7049, Florida
  951  Statutes, is amended to read:
  952         403.7049 Determination of full cost for solid waste
  953  management; local solid waste management fees.—
  954         (5) In order to assist in achieving the municipal solid
  955  waste recycling reduction goal and the recycling provisions of
  956  s. 403.706(2) s. 403.706(4), a county or a municipality which
  957  owns or operates a solid waste management facility is hereby
  958  authorized to charge solid waste disposal fees which may vary
  959  based on a number of factors, including, but not limited to, the
  960  amount, characteristics, and form of recyclable materials
  961  present in the solid waste that is brought to the county’s or
  962  the municipality’s facility for processing or disposal.
  963         Section 13. Section 288.1185, Florida Statutes, is
  964  repealed.
  965         Section 14. This act shall take effect July 1, 2010.

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