Bill Text: FL S0996 | 2020 | Regular Session | Comm Sub

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Bill Title: Local Government Waste Programs

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2020-03-14 - Died in Rules [S0996 Detail]

Download: Florida-2020-S0996-Comm_Sub.html

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       Florida Senate - 2020                CS for CS for CS for SB 996
       
       
        
       By the Committees on Community Affairs; Environment and Natural
       Resources; and Community Affairs; and Senator Albritton
       
       
       
       
       578-03801-20                                           2020996c3
    1                        A bill to be entitled                      
    2         An act relating to local government waste programs;
    3         amending s. 403.706, F.S.; exempting fiscally
    4         constrained counties from certain local government
    5         recycling goals and requirements; providing an
    6         expiration date for the exemption; providing
    7         legislative findings; creating a recycled materials
    8         management pilot program for Polk County, in
    9         coordination with the University of Florida, for a
   10         specified purpose; authorizing the county to
   11         collaborate with other local governmental and private
   12         entities to carry out and finance the pilot program;
   13         exempting Polk County from specified recycling
   14         provisions while participating in the pilot program;
   15         requiring Polk County to communicate and collaborate
   16         with the Department of Environmental Protection for
   17         certain purposes; requiring Polk County to submit a
   18         report containing specified information to the
   19         Governor and the Legislature by a specified date;
   20         providing for expiration of the pilot program;
   21         amending s. 403.70605, F.S.; revising the definition
   22         of the term “displacement”; requiring a local
   23         government to pay a specified amount of compensation
   24         to a displaced private waste company at the end of a
   25         specified notice period; removing a provision
   26         authorizing a local government to pay a specified
   27         amount of compensation to a private waste company as
   28         an alternative to delaying displacement for a
   29         specified period; removing a provision authorizing a
   30         local government and a private waste company to
   31         negotiate such compensation and notice period;
   32         providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsections (23) and (24) are added to section
   37  403.706, Florida Statutes, to read:
   38         403.706 Local government solid waste responsibilities.—
   39         (23) A fiscally constrained county, as defined in s.
   40  218.67(1), is exempt from the recycling goals set forth in this
   41  section and any requirements relating thereto. This subsection
   42  expires July 1, 2035.
   43         (24)(a) The Legislature finds that local governments,
   44  regional solid waste management authorities, and government
   45  owned and privately owned waste management entities face
   46  significant challenges in meeting this state’s waste recycling
   47  goals, as provided in subsection (2), due to a variety of
   48  factors, including the diversity and magnitude of the waste
   49  stream and the ever-changing global demand and market conditions
   50  for recyclable materials. These factors make it necessary to
   51  investigate other options for the management of recyclable
   52  material resources to ensure the protection of the environment
   53  and to limit the cost to the residents of this state for solid
   54  waste collection and disposal.
   55         (b) A recycled materials management pilot project is
   56  created for Polk County, in coordination with the University of
   57  Florida, to identify sustainable, environmentally responsible,
   58  and cost-effective collection, storage, and retention methods
   59  for recyclable materials which have limited economic or
   60  industrial utility, but retain their potential to be
   61  reintroduced into the market through an economically viable
   62  recycling process.
   63         (c) Polk County may join with one or more counties,
   64  municipalities, special districts, publicly owned or privately
   65  owned waste utilities, multijurisdictional water management
   66  entities, or other entities in carrying out the pilot program
   67  and may contract with other entities to finance or otherwise
   68  implement the operation and maintenance of the pilot program.
   69  The contracts may provide for contributions to be made by each
   70  party to the contract for the division and apportionment of
   71  resulting costs, including operations and maintenance, benefits,
   72  services, and products. The contracts may contain other
   73  covenants and agreements necessary and appropriate to accomplish
   74  their purposes. The Legislature will not provide any funding
   75  assistance for the pilot program. However, this section may not
   76  be construed so as to limit or prevent the University of Florida
   77  or any other state entity wishing to participate in the pilot
   78  program from providing in-kind services in furtherance of the
   79  goals of the pilot program.
   80         (d) During the term of the pilot program, Polk County is
   81  exempt from the recycling goals set forth in this section and
   82  any requirements relating thereto.
   83         (e) Polk County shall periodically communicate and
   84  collaborate with the department regarding specific objectives of
   85  the pilot program, progress made in achieving such objectives,
   86  and any conclusions that may be drawn from the program.
   87         (f) Polk County shall submit a report to the Governor, the
   88  President of the Senate, and the Speaker of the House of
   89  Representatives by July 1, 2025, regarding the conclusions of
   90  the pilot program. The report must include all of the following
   91  information:
   92         1. A description of the pilot program, including a summary
   93  of its goals and an overview of the methodology used to identify
   94  the specific recyclable materials that were determined to
   95  provide the greatest environmental benefit and opportunity for
   96  retention and later reintroduction to the recyclable materials
   97  market.
   98         2. An overview of the methodology implemented to segregate
   99  the recyclable materials of greatest environmental benefit while
  100  minimizing the handling and processing of recyclable materials
  101  of low environmental benefit.
  102         3. Any progress made in developing and implementing the
  103  pilot program in comparison to the development and
  104  implementation of other processes currently being used for the
  105  collection, disposal, or reuse of the same recyclable materials.
  106         4. The capital and operating costs Polk County estimates it
  107  would expend to fully implement any economically feasible
  108  recycling and solid waste management practices revealed by the
  109  pilot program in comparison to the same estimated costs it would
  110  expend to fully implement other alternative recycling and solid
  111  waste management practices that counties, municipalities, or
  112  special districts have implemented in this state.
  113         5. The source of funds used in developing and implementing
  114  the pilot program.
  115         6. The benefits to Polk County and this state from
  116  implementation of any economically viable recycling and solid
  117  waste management practices revealed by the pilot program.
  118         7. A recommendation as to whether any economically viable
  119  recycling and solid waste management practices revealed by the
  120  pilot program should be available as an acceptable alternative
  121  to the traditional processes that counties, municipalities, or
  122  special districts have used to manage recyclable materials and,
  123  if so, identification of the statutory changes necessary to do
  124  so.
  125         (g) The pilot program and this subsection shall expire July
  126  1, 2025.
  127         Section 2. Paragraphs (a) and (c) of subsection (3) of
  128  section 403.70605, Florida Statutes, are amended to read:
  129         403.70605 Solid waste collection services in competition
  130  with private companies.—
  131         (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.—
  132         (a) As used in this subsection, the term “displacement”
  133  means a local government’s provision of a collection service
  134  which prohibits a private company from continuing to provide the
  135  same service that it was providing when the decision to displace
  136  was made. The term does not include:
  137         1. Competition between the public sector and private
  138  companies for individual contracts;
  139         2. Actions by which a local government, at the end of a
  140  contract with a private company or at the end of any franchise a
  141  local government has granted to a private company, refuses to
  142  renew the contract or franchise and either awards the contract
  143  or grants a franchise to another private company or companies or
  144  decides for any reason to provide the collection service itself;
  145         3. Actions taken against a private company because the
  146  company has acted in a manner threatening to the public health
  147  or safety or resulting in a substantial public nuisance;
  148         4. Actions taken against a private company because the
  149  company has materially breached its contract with the local
  150  government;
  151         5. Refusal by a private company to continue operations
  152  under the terms and conditions of its existing agreement during
  153  the 3-year notice period;
  154         6. Entering into a contract with a private company to
  155  provide garbage, trash, or refuse collection which contract is
  156  not entered into under an ordinance that displaces or authorizes
  157  the displacement of another private company providing garbage,
  158  trash, or refuse collection;
  159         7. Situations in which a majority of the property owners in
  160  the displacement area petition the governing body to take over
  161  the collection service;
  162         8. Situations in which the private companies are
  163  franchised, licensed, or permitted to do business within the
  164  local government for a limited time and such franchise, license,
  165  or permit expires and is not renewed by the local government.
  166  This subparagraph does not apply to licensing or permitting
  167  processes enacted after May 1, 1999, or to occupational
  168  licenses; or
  169         9. Annexations, but only to the extent that the provisions
  170  of s. 171.062(4) apply.
  171         (c) Following the final public hearing held under paragraph
  172  (b), but not later than 1 year after the hearing, the local
  173  government may proceed to take those measures necessary to
  174  provide the service. The A local government shall provide 3
  175  years’ notice to the a private company before it engages in the
  176  actual provision of the service that displaces the company. At
  177  the end of the 3-year notice period As an alternative to
  178  delaying displacement 3 years, the a local government shall may
  179  pay the a displaced company an amount equal to the company’s
  180  preceding 18 15 months’ gross receipts for the displaced service
  181  in the displacement area. The 3-year notice period shall lapse
  182  as to any private company being displaced when the company
  183  ceases to provide service within the displacement area. Nothing
  184  in this paragraph prohibits the local government and the company
  185  from voluntarily negotiating a different notice period or amount
  186  of compensation.
  187         Section 3. This act shall take effect July 1, 2020.