Bill Text: FL S0570 | 2010 | Regular Session | Engrossed
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
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 Climate82Registry for purposes of emission registration and reporting.83(4) The department shall establish the methodologies,84reporting periods, and reporting systems that shall be used when85major emitters report to The Climate Registry. The department86may require the use of quality-assured data from continuous87emissions 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 bereduce the amount of recyclable solid waste270 disposed of in waste management facilities, landfills, or 271 incineration facilitiesby a statewide average of at least 75272percent. 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 partsection. 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.Prior424to the adoption of such rules, the department shall appoint a425technical advisory committee of no more than nine persons,426including, at a minimum, representatives of the Florida427Association of Counties, the Florida League of Cities, the428Florida Recyclers Association, and the Florida Chapter of the429National Solid Waste Management Association, to aid in the430development 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 recyclingreductiongoals established in s. 451 403.706(2)s.403.706(4). 452 (3) The department shallperiodically seek information from453counties toevaluate and report to the Legislature biennially on 454 the state’s success in meeting the solid waste recycling 455reductiongoal 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 and539implement a plan to achieve a goal to compost organic materials540that would otherwise be disposed of in a landfill. The goal541shall provide that up to 10 percent and no less than 5 percent542of organic material would be composted within the county and the543municipalities within its boundaries. The department may reduce544or modify the compost goal if the county demonstrates to the545department that achievement of the goal would be impractical546given the county’s unique demographic, urban density, or547inability to separate normally compostable material from the548solid waste stream. The composting plan is encouraged to address549partnership 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 recycling555programs shall be designed to provide for sufficient reduction556of the amount of solid waste generated within the county and the557municipalities within its boundaries in order to meet goals for558the reduction of municipal solid waste prior to the final559disposal or the incineration of such waste at a solid waste560disposal facility. The goals shall provide, at a minimum, that561the amount of municipal solid waste that would be disposed of562within the county and the municipalities within its boundaries563is 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 reductionfrom 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 sectionparagraph (a). For 584 the purposes of this sectionsubsection, 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 recyclingreductiongoal 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 619Novembereach 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 athewaste recycling 659reductiongoal of 30 percentset 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 fewerdo 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 shallnotrequire 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,facilitiesunless the owner or operatorit694 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 notreasonablyexpected to result in violations of 699 groundwater standards and criteria if built without a liner 700otherwise. 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. 756It is the policy of the Legislature to encourage facilities to757recycle. The department shall establish criteria and guidelines758that encourage recycling where practical and provide for the use759of recycled materials in a manner that protects the public760health and the environment. Facilities are authorized to761recycle, provided such activities do not conflict with such762criteria 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 and813innovative grant program for counties, municipalities, special814districts, and nonprofit organizations that have legal815responsibility for the provision of solid waste management816services. For purposes of this program, “innovative” means that817the process, technology, or activity for which funding is sought818has not previously been implemented within the jurisdiction of819the applicant. The applicant must:820(a)Demonstrate technologies or processes that represent a821novel application of an existing technology or process to822recycle or reduce waste, or that overcome obstacles to recycling823or waste reduction in new or innovative ways;824(b)Demonstrate innovative processes to collect and recycle825or reduce materials targeted by the department and the recycling826industry; or827(c)Demonstrate effective solutions to solving solid waste828problems resulting from waste tires, particularly in the areas829of enforcement and abatement of illegal tire dumping and830activities to promote market development of waste tire products.831 832Because the Legislature recognizes that input from the recycling833industry is essential to the success of this grant program, the834department shall cooperate with private sector entities to835develop a process and define specific criteria for allowing836their participation with grant recipients.837(2)The department shall evaluate and prioritize the annual838grant proposals and present the annual prioritized list of839projects to be funded to the Governor and the Legislature as840part of its annual budget request submitted pursuant to chapter841216. Potential grant recipients are encouraged to demonstrate842local support for grant proposals by the commitment of cash or843in-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 in863subsection (1);864 (a)(b)Up to 5035percent 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 the875contrary, and for the 2009-2010 fiscal year only, the Department876of Environmental Protection shall award the sum of $2,600,000 in877grants equally to counties having populations of fewer than878100,000 for waste tire and litter prevention, recycling879education, and general solid waste programs. This subsection880expires July 1, 2010.881(8)(a)Notwithstanding any provision of this section to the882contrary, and for the 2008-2009 fiscal year only, the Department883of Environmental Protection shall award:8841.The sum of $9,428,773 in grants equally to counties885having populations of fewer than 100,000 for waste tire and886litter prevention, recycling education, and general solid waste887programs.8882.The sum of $2,000,781 to be used for the Innovative889Grant 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 emptyaluminumbeverage containerscansgenerated 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 recyclingreduction 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.