Bill Text: FL S1126 | 2024 | Regular Session | Comm Sub

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Bill Title: Regulation of Auxiliary Containers

Spectrum: Bipartisan Bill

Status: (Failed) 2024-03-08 - Died in Community Affairs [S1126 Detail]

Download: Florida-2024-S1126-Comm_Sub.html

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       Florida Senate - 2024                             CS for SB 1126
       
       
        
       By the Committee on Commerce and Tourism; and Senator Martin
       
       
       
       
       
       577-02159-24                                          20241126c1
    1                        A bill to be entitled                      
    2         An act relating to regulation of auxiliary containers;
    3         amending s. 403.703, F.S.; defining the term
    4         “auxiliary container”; conforming cross-references;
    5         amending s. 403.7033, F.S.; deleting obsolete
    6         provisions requiring the Department of Environmental
    7         Protection to review and update a specified report;
    8         expressly preempting the regulation of auxiliary
    9         containers to the state; amending s. 403.707, F.S.;
   10         conforming cross-references; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present subsections (2) through (48) of section
   16  403.703, Florida Statutes, are redesignated as subsections (3)
   17  through (49), respectively, a new subsection (2) is added to
   18  that section, and present subsection (35) of that section is
   19  amended, to read:
   20         403.703 Definitions.—As used in this part, the term:
   21         (2) “Auxiliary container” means a reusable or single-use
   22  bag, cup, bottle, or other packaging that meets both of the
   23  following requirements:
   24         (a) Is made of cloth; paper; plastic, including, but not
   25  limited to, foamed plastic, expanded plastic, or polystyrene;
   26  cardboard; molded fiber; corrugated material; aluminum; glass;
   27  postconsumer recycled material; or similar material or
   28  substrates, including coated, laminated, or multilayer
   29  substrates.
   30         (b) Is designed for transporting, consuming, or protecting
   31  merchandise, food, or beverages from or at a public food service
   32  establishment as defined in s. 509.013(5), a food establishment
   33  as defined in s. 500.03(1), or a retailer as defined in s.
   34  212.02(13).
   35         (36)(35) “Solid waste” means sludge unregulated under the
   36  federal Clean Water Act or Clean Air Act, sludge from a waste
   37  treatment works, water supply treatment plant, or air pollution
   38  control facility, or garbage, rubbish, refuse, special waste, or
   39  other discarded material, including solid, liquid, semisolid, or
   40  contained gaseous material resulting from domestic, industrial,
   41  commercial, mining, agricultural, or governmental operations.
   42  Recovered materials as defined in subsection (29) (28) and post
   43  use polymers as defined in subsection (25) (24) are not solid
   44  waste.
   45         Section 2. Section 403.7033, Florida Statutes, is amended
   46  to read:
   47         403.7033 Preemption of regulation for auxiliary containers
   48  Departmental analysis of particular recyclable materials.—The
   49  Legislature finds that prudent regulation of recyclable
   50  materials is crucial to the ongoing welfare of Florida’s ecology
   51  and economy. As such, the Department of Environmental Protection
   52  shall review and update its 2010 report on retail bags analyzing
   53  the need for new or different regulation of auxiliary
   54  containers, wrappings, or disposable plastic bags used by
   55  consumers to carry products from retail establishments. The
   56  updated report must include input from state and local
   57  government agencies, stakeholders, private businesses, and
   58  citizens and must evaluate the efficacy and necessity of both
   59  statewide and local regulation of these materials. To ensure
   60  consistent and effective implementation, the department shall
   61  submit the updated report with conclusions and recommendations
   62  to the Legislature no later than December 31, 2021. Until such
   63  time that the Legislature adopts the recommendations of the
   64  department, A local government, local governmental agency, or
   65  state governmental agency may not enact any rule, regulation, or
   66  ordinance regarding use, disposition, sale, prohibition,
   67  restriction, or tax of such auxiliary containers. The regulation
   68  of auxiliary containers is expressly preempted to the state,
   69  wrappings, or disposable plastic bags.
   70         Section 3. Paragraph (j) of subsection (9) of section
   71  403.707, Florida Statutes, is amended to read:
   72         403.707 Permits.—
   73         (9) The department shall establish a separate category for
   74  solid waste management facilities that accept only construction
   75  and demolition debris for disposal or recycling. The department
   76  shall establish a reasonable schedule for existing facilities to
   77  comply with this section to avoid undue hardship to such
   78  facilities. However, a permitted solid waste disposal unit that
   79  receives a significant amount of waste prior to the compliance
   80  deadline established in this schedule shall not be required to
   81  be retrofitted with liners or leachate control systems.
   82         (j) The Legislature recognizes that recycling, waste
   83  reduction, and resource recovery are important aspects of an
   84  integrated solid waste management program and as such are
   85  necessary to protect the public health and the environment. If
   86  necessary to promote such an integrated program, the county may
   87  determine, after providing notice and an opportunity for a
   88  hearing prior to April 30, 2008, that some or all of the
   89  material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
   90  excluded from the definition of “construction and demolition
   91  debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
   92  of such county. The county may make such a determination only if
   93  it finds that, prior to June 1, 2007, the county has established
   94  an adequate method for the use or recycling of such wood
   95  material at an existing or proposed solid waste management
   96  facility that is permitted or authorized by the department on
   97  June 1, 2007. The county is not required to hold a hearing if
   98  the county represents that it previously has held a hearing for
   99  such purpose, or if the county represents that it previously has
  100  held a public meeting or hearing that authorized such method for
  101  the use or recycling of trash or other nonputrescible waste
  102  materials and that such materials include those materials
  103  described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
  104  provide written notice of its determination to the department by
  105  no later than April 30, 2008; thereafter, the materials
  106  described in s. 403.703(7) s. 403.703(6) shall be excluded from
  107  the definition of “construction and demolition debris” in s.
  108  403.703(7) s. 403.703(6) within the jurisdiction of such county.
  109  The county may withdraw or revoke its determination at any time
  110  by providing written notice to the department.
  111         Section 4. This act shall take effect July 1, 2024.