Bill Text: FL S0570 | 2010 | Regular Session | Engrossed

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Bill Title: Environmental Protection [EPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-04-29 - Read 3rd time -SJ 01089; Substituted HB 7243 -SJ 01089; Laid on Table, companion bill(s) passed, see HB 7243 (Ch. 2010-143), CS/CS/CS/SB 550 (Ch. 2010-205), CS/CS/SB 1412 (Ch. 2010-102) -SJ 01089 [S0570 Detail]

Download: Florida-2010-S0570-Engrossed.html

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CS for CS for SB 570                             First Engrossed 
2010570e1 
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. 
75 
76  Be It Enacted by the Legislature of the State of Florida: 
77 
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. 
146 
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. 
610 
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. 
831 
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.