Bill Text: FL S0922 | 2016 | Regular Session | Enrolled
Bill Title: Solid Waste Management
Spectrum: Bipartisan Bill
Status: (Passed) 2016-04-01 - Chapter No. 2016-174, companion bill(s) passed, see CS/CS/CS/HB 589 (Ch. 2016-130) [S0922 Detail]
Download: Florida-2016-S0922-Enrolled.html
ENROLLED 2016 Legislature CS for SB 922 2016922er 1 2 An act relating to solid waste management; amending s. 3 403.709, F.S.; providing for the funding of a waste 4 tire abatement program from the Solid Waste Management 5 Trust Fund up to a specified percentage of total 6 funds; establishing a solid waste landfill closure 7 account within the Solid Waste Management Trust Fund; 8 specifying the purpose of the account; authorizing the 9 Department of Environmental Protection to use account 10 funds to contract with a third party for the closing 11 and long-term care of solid waste management 12 facilities under specified circumstances; requiring 13 the department to deposit certain funds into the solid 14 waste landfill closure account; authorizing the 15 department to use funds from the Solid Waste 16 Management Trust Fund to pay for or reimburse 17 specified expenses under certain circumstances; 18 deleting a solid waste landfill closure account within 19 the Solid Waste Management Trust Fund; amending s. 20 403.7095, F.S.; authorizing waste tire abatement 21 programs under the small county consolidated grant 22 program; removing the waste tire abatement program 23 supported by the solid waste management grant program; 24 removing distribution requirements; deleting an 25 obsolete provision; reenacting ss. 403.413(6)(a) and 26 403.7032(5)(h), F.S., relating to the Florida Litter 27 Law and recycling, respectively, to incorporate the 28 amendments made to s. 403.7095, F.S., in references 29 thereto; providing effective dates. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Paragraph (e) of subsection (1) and subsection 34 (5) of section 403.709, Florida Statutes, are amended, present 35 subsections (2) through (4) of that section are redesignated as 36 subsections (3) through (5), respectively, and a new subsection 37 (2) is added to that section, to read: 38 403.709 Solid Waste Management Trust Fund; use of waste 39 tire fees.—There is created the Solid Waste Management Trust 40 Fund, to be administered by the department. 41 (1) From the annual revenues deposited in the trust fund, 42 unless otherwise specified in the General Appropriations Act: 43 (e) Up to 37 percent shall be used for funding a waste tire 44 abatement program and a solid waste management grant program 45 pursuant to s. 403.7095 for activities relating to recycling and 46 waste reduction, including waste tires requiring final disposal. 47 Of the funding specified in this paragraph, no more than 5 48 percent of the total may be used for funding the waste tire 49 abatement program. 50 (2) Notwithstanding subsection (1), a solid waste landfill 51 closure account is established within the Solid Waste Management 52 Trust Fund to provide funding for the closing and long-term care 53 of solid waste management facilities. 54 (a) The department may use funds from the account to 55 contract with a third party for the closing and long-term care 56 of a solid waste management facility if: 57 1. The facility has, had, or was not required to obtain a 58 department permit to operate the facility; 59 2. The permittee, where required by permit or rule, 60 provided proof of financial assurance for closure in the form of 61 an insurance certificate or an alternative form of financial 62 assurance mechanism established pursuant to s. 403.7125; 63 3. The department has ordered the facility closed or has 64 deemed the facility abandoned; 65 4. The closure of the facility is accomplished in 66 substantial accordance with a closure plan approved by the 67 department; and 68 5. The department has sufficient documentation to confirm 69 that the issuer of the insurance policy or alternative form of 70 financial assurance will provide or reimburse the funds required 71 to complete the closing and long-term care of the facility. 72 (b) The department shall deposit all funds received from 73 the insurer or other parties for reimbursing the costs of 74 closing or long-term care of the facility under this subsection 75 into the solid waste landfill closure account. 76 (c) If the amount available under the insurance policy or 77 alternative form of financial assurance is insufficient, or is 78 otherwise unavailable, to perform or complete the facility 79 closing or long-term care under this subsection, and the 80 department has used all such funds from the insurance policy or 81 alternative form of financial assurance, the department may use 82 funds from the Solid Waste Management Trust Fund to pay for or 83 reimburse additional expenses needed for performing or 84 completing the approved facility closure or longterm care 85 activities. 86(5)(a) Notwithstanding subsection (1), a solid waste87landfill closure account is established within the Solid Waste88Management Trust Fund to provide funding for the closing and89long-term care of solid waste management facilities. The90department may use funds from the account to contract with a91third party for the closing and long-term care of a solid waste92management facility if:931. The facility has or had a department permit to operate94the facility;952. The permittee provided proof of financial assurance for96closure in the form of an insurance certificate;973. The facility is deemed to be abandoned or was ordered to98close by the department;994. Closure is accomplished in substantial accordance with a100closure plan approved by the department; and1015. The department has written documentation that the102insurance company issuing the closure insurance policy will103provide or reimburse the funds required to complete closing and104long-term care of the facility.105(b) The department shall deposit the funds received from106the insurance company as reimbursement for the costs of closing107or long-term care of the facility into the solid waste landfill108closure account.109(c) This subsection expires July 1, 2016.110 Section 2. Effective upon becoming a law, section 403.7095, 111 Florida Statutes, is amended to read: 112 403.7095 Solid waste management grant program.— 113 (1) The department shall develop a consolidated grant 114 program for small counties having populations fewer than 110,000 115100,000, with grants to be distributed equally among eligible 116 counties. Programs to be supported with the small-county 117 consolidated grants include those for the purpose of general 118 solid waste management, litter prevention and control, waste 119 tire abatement, and recycling and education programs. 120(2) The department shall develop a waste tire grant program121making grants available to all counties. The department shall122ensure that at least 25 percent of the funding available for123waste tire grants is distributed equally to each county having a124population fewer than 100,000. Of the remaining funds125distributed to counties having a population of 100,000 or126greater, the department shall distribute those funds on the127basis of population.128(3) From the funds made available pursuant to s.129403.709(1)(e) for the grant program created by this section, the130following distributions shall be made:131(a) Up to 50 percent for the program described in132subsection (1); and133(b) Up to 50 percent for the program described in134subsection (2).135 (2)(4)The department may adopt rules necessary to 136 administer this section, including, but not limited to, rules 137 governing timeframes for submitting grant applications, criteria 138 for prioritizing, matching criteria, maximum grant amounts, and 139 allocation of appropriated funds based upon project and 140 applicant size. 141(5) Notwithstanding any other provision of this section,142and for the 2014-2015 fiscal year only, the Department of143Environmental Protection shall award the sum of $3 million in144grants equally to counties having populations of fewer than145100,000 for waste tire and litter prevention, recycling146education, and general solid waste programs. This subsection147expires July 1, 2015.148 Section 3. For the purpose of incorporating the amendments 149 made by this act to section 403.7095, Florida Statutes, in a 150 reference thereto, paragraph (a) of subsection (6) of section 151 403.413, Florida Statutes, is reenacted to read: 152 403.413 Florida Litter Law.— 153 (6) PENALTIES; ENFORCEMENT.— 154 (a) Any person who dumps litter in violation of subsection 155 (4) in an amount not exceeding 15 pounds in weight or 27 cubic 156 feet in volume and not for commercial purposes is guilty of a 157 noncriminal infraction, punishable by a civil penalty of $100, 158 from which $50 shall be deposited into the Solid Waste 159 Management Trust Fund to be used for the solid waste management 160 grant program pursuant to s. 403.7095. In addition, the court 161 may require the violator to pick up litter or perform other 162 labor commensurate with the offense committed. 163 Section 4. For the purpose of incorporating the amendments 164 made by this act to section 403.7095, Florida Statutes, in a 165 reference thereto, paragraph (h) of subsection (5) of section 166 403.7032, Florida Statutes, is reenacted to read: 167 403.7032 Recycling.— 168 (5) The Department of Environmental Protection shall create 169 the Recycling Business Assistance Center by December 1, 2010. In 170 carrying out its duties under this subsection, the department 171 shall consult with state agency personnel appointed to serve as 172 economic development liaisons under s. 288.021 and seek 173 technical assistance from Enterprise Florida, Inc., to ensure 174 the Recycling Business Assistance Center is positioned to 175 succeed. The purpose of the center shall be to serve as the 176 mechanism for coordination among state agencies and the private 177 sector in order to coordinate policy and overall strategic 178 planning for developing new markets and expanding and enhancing 179 existing markets for recyclable materials in this state, other 180 states, and foreign countries. The duties of the center must 181 include, at a minimum: 182 (h) Providing evaluation of solid waste management grants, 183 pursuant to s. 403.7095, to reduce the flow of solid waste to 184 disposal facilities and encourage the sustainable recovery of 185 materials from Florida’s waste stream. 186 Section 5. Except as otherwise expressly provided in this 187 act and except for this section, which shall become effective 188 upon this act becoming a law, this act shall take effect July 1, 189 2016.