Florida Senate - 2024 SB 1126 By Senator Martin 33-01432B-24 20241126__ 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.; expressly preempting the 6 regulation of auxiliary containers to the state; 7 deleting obsolete provisions requiring the Department 8 of Environmental Protection to review and update a 9 specified report; 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: 20 403.703Definitions.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, cardboard, corrugated 25 material, aluminum, glass, postconsumer recycled material, or 26 similar material or substrates, including coated, laminated, or 27 multilayer substrates. 28 (b)Is designed for transporting, consuming, or protecting 29 merchandise, food, or beverages from or at a food service or 30 retail facility. 31 (36)(35)Solid waste means sludge unregulated under the 32 federal Clean Water Act or Clean Air Act, sludge from a waste 33 treatment works, water supply treatment plant, or air pollution 34 control facility, or garbage, rubbish, refuse, special waste, or 35 other discarded material, including solid, liquid, semisolid, or 36 contained gaseous material resulting from domestic, industrial, 37 commercial, mining, agricultural, or governmental operations. 38 Recovered materials as defined in subsection (29) (28) and post 39 use polymers as defined in subsection (25) (24) are not solid 40 waste. 41 Section 2.Section 403.7033, Florida Statutes, is amended 42 to read: 43 403.7033Preemption of regulation for auxiliary containers 44 Departmental analysis of particular recyclable materials.The 45 regulation of auxiliary containers is expressly preempted to the 46 state Legislature finds that prudent regulation of recyclable 47 materials is crucial to the ongoing welfare of Floridas ecology 48 and economy. As such, the Department of Environmental Protection 49 shall review and update its 2010 report on retail bags analyzing 50 the need for new or different regulation of auxiliary 51 containers, wrappings, or disposable plastic bags used by 52 consumers to carry products from retail establishments. The 53 updated report must include input from state and local 54 government agencies, stakeholders, private businesses, and 55 citizens and must evaluate the efficacy and necessity of both 56 statewide and local regulation of these materials. To ensure 57 consistent and effective implementation, the department shall 58 submit the updated report with conclusions and recommendations 59 to the Legislature no later than December 31, 2021. Until such 60 time that the Legislature adopts the recommendations of the 61 department, A local government, local governmental agency, or 62 state governmental agency may not enact any rule, regulation, or 63 ordinance regarding use, disposition, sale, prohibition, 64 restriction, or tax of such auxiliary containers, wrappings, or 65 disposable plastic bags. 66 Section 3.Paragraph (j) of subsection (9) of section 67 403.707, Florida Statutes, is amended to read: 68 403.707Permits. 69 (9)The department shall establish a separate category for 70 solid waste management facilities that accept only construction 71 and demolition debris for disposal or recycling. The department 72 shall establish a reasonable schedule for existing facilities to 73 comply with this section to avoid undue hardship to such 74 facilities. However, a permitted solid waste disposal unit that 75 receives a significant amount of waste prior to the compliance 76 deadline established in this schedule shall not be required to 77 be retrofitted with liners or leachate control systems. 78 (j)The Legislature recognizes that recycling, waste 79 reduction, and resource recovery are important aspects of an 80 integrated solid waste management program and as such are 81 necessary to protect the public health and the environment. If 82 necessary to promote such an integrated program, the county may 83 determine, after providing notice and an opportunity for a 84 hearing prior to April 30, 2008, that some or all of the 85 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be 86 excluded from the definition of construction and demolition 87 debris in s. 403.703(7) s. 403.703(6) within the jurisdiction 88 of such county. The county may make such a determination only if 89 it finds that, prior to June 1, 2007, the county has established 90 an adequate method for the use or recycling of such wood 91 material at an existing or proposed solid waste management 92 facility that is permitted or authorized by the department on 93 June 1, 2007. The county is not required to hold a hearing if 94 the county represents that it previously has held a hearing for 95 such purpose, or if the county represents that it previously has 96 held a public meeting or hearing that authorized such method for 97 the use or recycling of trash or other nonputrescible waste 98 materials and that such materials include those materials 99 described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall 100 provide written notice of its determination to the department by 101 no later than April 30, 2008; thereafter, the materials 102 described in s. 403.703(7) s. 403.703(6) shall be excluded from 103 the definition of construction and demolition debris in s. 104 403.703(7) s. 403.703(6) within the jurisdiction of such county. 105 The county may withdraw or revoke its determination at any time 106 by providing written notice to the department. 107 Section 4.This act shall take effect July 1, 2024.