FL
Florida House Bill H1641

Florida 2024 Regular Session

Florida House Bill H1641 Compare Versions

OldNewDifferences
11
22
3-CS/HB 1641 2024
3+HB 1641 2024
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1641-01-c1
8+hb1641-00
99 Page 1 of 5
1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to regulation of auxiliary containers; 2
1616 amending s. 403.703, F.S.; defining the term 3
1717 "auxiliary container"; amending s. 403.7033, F.S.; 4
1818 removing obsolete provisions requiring the Department 5
1919 of Environmental Protection to review and update a 6
2020 specified report; prohibiting local regulation of 7
2121 auxiliary containers; preempting such regulation to 8
2222 the state; amending s. 403.707, F.S.; conforming 9
2323 cross-references; providing an effective date. 10
2424 11
2525 Be It Enacted by the Legislature of the State of Florida: 12
2626 13
2727 Section 1. Subsections (2) through (48) of section 14
2828 403.703, Florida Statutes, are renumbered as sections (3) 15
2929 through (49), respectively, present subse ction (35) of that 16
3030 section is amended, and a new subsection (2) is added to that 17
3131 section, to read: 18
3232 403.703 Definitions. —As used in this part, the term: 19
3333 (2) "Auxiliary container" means a reusable or single -use 20
34-bag, cup, bottle, can, or other packaging t hat meets both of the 21
34+bag, cup, bottle, or other packaging that m eets both of the 21
3535 following requirements: 22
3636 (a) Is made of cloth; paper; plastic, including, but not 23
3737 limited to, foamed plastic, expanded plastic, or polystyrene; 24
38-cardboard; corrugated material; molded fiber; aluminum; glass; 25
38+cardboard; molded fiber; corrugated material; aluminum; glass; 25
3939
40-CS/HB 1641 2024
40+HB 1641 2024
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1641-01-c1
45+hb1641-00
4646 Page 2 of 5
4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4848
4949
5050
5151 postconsumer recycled material; or similar material or 26
5252 substrates, including coated, laminated, or multilayer 27
5353 substrates. 28
5454 (b) Is designed for transporting, consuming, or protecting 29
55-merchandise, food, or beverages from or at a public food service 30
56-establishment as defined in s. 509 .013(5), a food establishment 31
57-as defined in s. 500.03(1), or a retailer as defined in s. 32
58-212.02(13). 33
59- (36)(35) "Solid waste" means sludge unregulated under the 34
60-federal Clean Water Act or Clean Air Act, sludge from a waste 35
61-treatment works, water supply tre atment plant, or air pollution 36
62-control facility, or garbage, rubbish, refuse, special waste, or 37
63-other discarded material, including solid, liquid, semisolid, or 38
64-contained gaseous material resulting from domestic, industrial, 39
65-commercial, mining, agricultura l, or governmental operations. 40
66-Recovered materials as defined in subsection (29) (28) and post-41
67-use polymers as defined in subsection (25) (24) are not solid 42
68-waste. 43
69- Section 2. Section 403.7033, Florida Statutes, is amended 44
70-to read: 45
71- 403.7033 Preemption of regulation for auxiliary containers 46
72-Departmental analysis of particular recyclable materials .—The 47
73-Legislature finds that prudent regulation of recyclable 48
74-materials is crucial to the ongoing welfare of Florida's ecology 49
75-and economy. As such, the Departm ent of Environmental Protection 50
55+merchandise, food, or beverages from or at a food service or 30
56+retail facility. 31
57+ (36)(35) "Solid waste" means sludge unregulated under the 32
58+federal Clean Water Act or Clean Air Act, sludge from a waste 33
59+treatment works, water supply treatment plant, or air pollution 34
60+control facility, or garbage, rubbish, refuse, special waste, or 35
61+other discarded material, inclu ding solid, liquid, semisolid, or 36
62+contained gaseous material resulting from domestic, industrial, 37
63+commercial, mining, agricultural, or governmental operations. 38
64+Recovered materials as defined in subsection (29) (28) and post-39
65+use polymers as defined in subse ction (25) (24) are not solid 40
66+waste. 41
67+ Section 2. Section 403.7033, Florida Statutes, is amended 42
68+to read: 43
69+ 403.7033 Preemption of regulation for auxiliary containers 44
70+Departmental analysis of particular recyclable materials .—The 45
71+Legislature finds that pr udent regulation of recyclable 46
72+materials is crucial to the ongoing welfare of Florida's ecology 47
73+and economy. As such, the Department of Environmental Protection 48
74+shall review and update its 2010 report on retail bags analyzing 49
75+the need for new or different regulation of auxiliary 50
7676
77-CS/HB 1641 2024
77+HB 1641 2024
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1641-01-c1
82+hb1641-00
8383 Page 3 of 5
8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8585
8686
8787
88-shall review and update its 2010 report on retail bags analyzing 51
89-the need for new or different regulation of auxiliary 52
90-containers, wrappings, or disposable plastic bags used by 53
91-consumers to carry products from retail establi shments. The 54
92-updated report must include input from state and local 55
93-government agencies, stakeholders, private businesses, and 56
94-citizens and must evaluate the efficacy and necessity of both 57
95-statewide and local regulation of these materials. To ensure 58
96-consistent and effective implementation, the department shall 59
97-submit the updated report with conclusions and recommendations 60
98-to the Legislature no later than December 31, 2021. Until such 61
99-time that the Legislature adopts the recommendations of the 62
100-department, A local government, local governmental agency, or 63
101-state governmental agency may not enact any rule, regulation, or 64
102-ordinance regarding use, disposition, sale, prohibition, 65
103-restriction, or tax of such auxiliary containers . The regulation 66
104-of auxiliary containe rs is expressly preempted to the state , 67
105-wrappings, or disposable plastic bags . 68
106- Section 3. Paragraph (j) of subsection (9) of section 69
107-403.707, Florida Statutes, is amended to read: 70
108- 403.707 Permits.— 71
109- (9) The department shall establish a separate cate gory for 72
110-solid waste management facilities that accept only construction 73
111-and demolition debris for disposal or recycling. The department 74
112-shall establish a reasonable schedule for existing facilities to 75
88+containers, wrappings, or disposable plastic bags used by 51
89+consumers to carry products from retail establishments. The 52
90+updated report must include input from state and local 53
91+government agencies, stakeholders, private businesses, and 54
92+citizens and must evaluate the efficacy and necessity of both 55
93+statewide and local regulation of these materials. To ensure 56
94+consistent and effective implementation, the department shall 57
95+submit the updated report with conclusions and recommendations 58
96+to the Legislature no later than December 31, 2021. Until such 59
97+time that the Legislature adopts the recommendations of the 60
98+department, A local government, local governmental agency, or 61
99+state governmental agency may not enact any rule, regulation, or 62
100+ordinance regarding use, disposition, sale, prohibition, 63
101+restriction, or tax of such auxiliary containers . The regulation 64
102+of auxiliary containers is expressly preempted to the state , 65
103+wrappings, or disposable plastic bags . 66
104+ Section 3. Paragraph (j) of subsection (9) o f section 67
105+403.707, Florida Statutes, is amended to read: 68
106+ 403.707 Permits.— 69
107+ (9) The department shall establish a separate category for 70
108+solid waste management facilities that accept only construction 71
109+and demolition debris for disposal or recycling. The d epartment 72
110+shall establish a reasonable schedule for existing facilities to 73
111+comply with this section to avoid undue hardship to such 74
112+facilities. However, a permitted solid waste disposal unit that 75
113113
114-CS/HB 1641 2024
114+HB 1641 2024
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1641-01-c1
119+hb1641-00
120120 Page 4 of 5
121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122122
123123
124124
125-comply with this section to avoid undue hardship to su ch 76
126-facilities. However, a permitted solid waste disposal unit that 77
127-receives a significant amount of waste prior to the compliance 78
128-deadline established in this schedule shall not be required to 79
129-be retrofitted with liners or leachate control systems. 80
130- (j) The Legislature recognizes that recycling, waste 81
131-reduction, and resource recovery are important aspects of an 82
132-integrated solid waste management program and as such are 83
133-necessary to protect the public health and the environment. If 84
134-necessary to promote such an integrated program, the county may 85
135-determine, after providing notice and an opportunity for a 86
136-hearing prior to April 30, 2008, that some or all of the 87
137-material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be 88
138-excluded from the definition of "cons truction and demolition 89
139-debris" in s. 403.703(7) s. 403.703(6) within the jurisdiction 90
140-of such county. The county may make such a determination only if 91
141-it finds that, prior to June 1, 2007, the county has established 92
142-an adequate method for the use or recyc ling of such wood 93
143-material at an existing or proposed solid waste management 94
144-facility that is permitted or authorized by the department on 95
145-June 1, 2007. The county is not required to hold a hearing if 96
146-the county represents that it previously has held a hea ring for 97
147-such purpose, or if the county represents that it previously has 98
148-held a public meeting or hearing that authorized such method for 99
149-the use or recycling of trash or other nonputrescible waste 100
125+receives a significant amount of waste prior to the complian ce 76
126+deadline established in this schedule shall not be required to 77
127+be retrofitted with liners or leachate control systems. 78
128+ (j) The Legislature recognizes that recycling, waste 79
129+reduction, and resource recovery are important aspects of an 80
130+integrated solid waste management program and as such are 81
131+necessary to protect the public health and the environment. If 82
132+necessary to promote such an integrated program, the county may 83
133+determine, after providing notice and an opportunity for a 84
134+hearing prior to April 30, 200 8, that some or all of the 85
135+material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be 86
136+excluded from the definition of "construction and demolition 87
137+debris" in s. 403.703(7) s. 403.703(6) within the jurisdiction 88
138+of such county. The county may make such a determination only if 89
139+it finds that, prior to June 1, 2007, the county has established 90
140+an adequate method for the use or recycling of such wood 91
141+material at an existing or proposed solid waste management 92
142+facility that is permitted or authorized by the de partment on 93
143+June 1, 2007. The county is not required to hold a hearing if 94
144+the county represents that it previously has held a hearing for 95
145+such purpose, or if the county represents that it previously has 96
146+held a public meeting or hearing that authorized such method for 97
147+the use or recycling of trash or other nonputrescible waste 98
148+materials and that such materials include those materials 99
149+described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall 100
150150
151-CS/HB 1641 2024
151+HB 1641 2024
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb1641-01-c1
156+hb1641-00
157157 Page 5 of 5
158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159159
160160
161161
162-materials and that such materials include those materials 101
163-described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall 102
164-provide written notice of its determination to the department by 103
165-no later than April 30, 2008; thereafter, the materials 104
166-described in s. 403.703(7) s. 403.703(6) shall be excluded from 105
167-the definition of "construction and demolition debris" in s. 106
168-403.703(7) s. 403.703(6) within the jurisdiction of such county. 107
169-The county may withdraw or revoke its determination at any time 108
170-by providing written notice to the department. 109
171- Section 4. This act shall take effect July 1, 2024. 110
162+provide written notice of its determination to the department by 101
163+no later than April 30, 2008; thereafter, the materials 102
164+described in s. 403.703(7) s. 403.703(6) shall be excluded from 103
165+the definition of "construction and demolition debris" in s. 104
166+403.703(7) s. 403.703(6) within the jurisdiction of such county. 105
167+The county may withdraw or revoke its determination at any time 106
168+by providing written notice to the department. 107
169+ Section 4. This act shall take effect July 1, 2024. 108