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Florida Senate - 2025 CS for CS for SB 1822 By the Committees on Rules; and Community Affairs; and Senator Martin 595-03677-25 20251822c2 1 A bill to be entitled 2 An act relating to waste management; amending s. 3 403.703, F.S.; defining the term auxiliary 4 container; conforming cross-references; amending s. 5 403.7033, F.S.; deleting obsolete provisions that 6 provide legislative findings and require the 7 Department of Environmental Protection to review and 8 update a specified report; preempting the regulation 9 of auxiliary containers to the state; permitting 10 rules, regulations, or ordinances restricting the use 11 of glass auxiliary containers within the boundaries of 12 a public beach; authorizing the Division of Recreation 13 and Parks to regulate auxiliary containers within 14 state parks; amending ss. 403.706 and 403.707, F.S.; 15 prohibiting a local government and the Department of 16 Environmental Protection, respectively, from issuing a 17 construction permit for certain solid waste disposal 18 facilities in certain counties; providing 19 applicability; conforming a provision to changes made 20 by the act; conforming cross-references; amending ss. 21 403.7049 and 403.705, F.S.; conforming cross 22 references; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1.Present subsections (2) through (48) of section 27 403.703, Florida Statutes, are redesignated as sections (3) 28 through (49), respectively, a new subsection (2) is added to 29 that section, and present subsections (6), (7), (21), and (35) 30 of that section are amended, to read: 31 403.703Definitions.As used in this part, the term: 32 (2)Auxiliary container means a reusable or single-use 33 bag, cup, bottle, can, or other packaging that meets both of the 34 following requirements: 35 (a)Is made of cloth; paper; plastic, including, but not 36 limited to, foamed plastic, expanded plastic, or polystyrene; 37 cardboard; corrugated material; molded fiber; aluminum; glass; 38 postconsumer recycled material; or similar material or 39 substrates, including coated, laminated, or multilayer 40 substrates. 41 (b)Is designed for transporting, consuming, or protecting 42 merchandise, food, or beverages from or at a public food service 43 establishment as defined in s. 509.013(5), a food establishment 44 as defined in s. 500.03(1), or a retailer as defined in s. 45 212.02(13). 46 (7)(6)Construction and demolition debris means discarded 47 materials generally considered to be not water-soluble and 48 nonhazardous in nature, including, but not limited to, steel, 49 glass, brick, concrete, asphalt roofing material, pipe, gypsum 50 wallboard, and lumber, from the construction or destruction of a 51 structure as part of a construction or demolition project or 52 from the renovation of a structure, and includes rocks, soils, 53 tree remains, trees, and other vegetative matter that normally 54 results from land clearing or land development operations for a 55 construction project, including such debris from construction of 56 structures at a site remote from the construction or demolition 57 project site. Mixing of construction and demolition debris with 58 other types of solid waste will cause the resulting mixture to 59 be classified as other than construction and demolition debris. 60 The term also includes: 61 (a)Clean cardboard, paper, plastic, wood, and metal scraps 62 from a construction project; 63 (b)Except as provided in s. 403.707(10)(j) s. 64 403.707(9)(j), yard trash and unpainted, nontreated wood scraps 65 and wood pallets from sources other than construction or 66 demolition projects; 67 (c)Scrap from manufacturing facilities which is the type 68 of material generally used in construction projects and which 69 would meet the definition of construction and demolition debris 70 if it were generated as part of a construction or demolition 71 project. This includes debris from the construction of 72 manufactured homes and scrap shingles, wallboard, siding 73 concrete, and similar materials from industrial or commercial 74 facilities; and 75 (d)De minimis amounts of other nonhazardous wastes that 76 are generated at construction or destruction projects, provided 77 such amounts are consistent with best management practices of 78 the industry. 79 (8)(7)County, or any like term, means a political 80 subdivision of the state established pursuant to s. 1, Art. VIII 81 of the State Constitution and, when s. 403.706(20) s. 82 403.706(19) applies, means a special district or other entity. 83 (22)(21)Municipality, or any like term, means a 84 municipality created pursuant to general or special law 85 authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of 86 the State Constitution and, when s. 403.706(20) s. 403.706(19) 87 applies, means a special district or other entity. 88 (36)(35)Solid waste means sludge unregulated under the 89 federal Clean Water Act or Clean Air Act, sludge from a waste 90 treatment works, water supply treatment plant, or air pollution 91 control facility, or garbage, rubbish, refuse, special waste, or 92 other discarded material, including solid, liquid, semisolid, or 93 contained gaseous material resulting from domestic, industrial, 94 commercial, mining, agricultural, or governmental operations. 95 Recovered materials as defined in subsection (29) (28) and post 96 use polymers as defined in subsection (25) (24) are not solid 97 waste. 98 Section 2.Section 403.7033, Florida Statutes, is amended 99 to read: 100 403.7033Preemption of regulation for auxiliary containers 101 Departmental analysis of particular recyclable materials.The 102 Legislature finds that prudent regulation of recyclable 103 materials is crucial to the ongoing welfare of Floridas ecology 104 and economy. As such, the Department of Environmental Protection 105 shall review and update its 2010 report on retail bags analyzing 106 the need for new or different regulation of auxiliary 107 containers, wrappings, or disposable plastic bags used by 108 consumers to carry products from retail establishments. The 109 updated report must include input from state and local 110 government agencies, stakeholders, private businesses, and 111 citizens and must evaluate the efficacy and necessity of both 112 statewide and local regulation of these materials. To ensure 113 consistent and effective implementation, the department shall 114 submit the updated report with conclusions and recommendations 115 to the Legislature no later than December 31, 2021. Until such 116 time that the Legislature adopts the recommendations of the 117 department, 118 (1)The regulation of auxiliary containers is expressly 119 preempted to the state. A local government, local governmental 120 agency, or state governmental agency may not enact or enforce 121 any rule, regulation, or ordinance regarding the use, 122 disposition, sale, prohibition, restriction, or tax of such 123 auxiliary containers unless explicitly permitted by statute. 124 (2)Rules, regulations, or ordinances restricting the use 125 of glass auxiliary containers within the boundaries of any 126 public beach are explicitly permitted. 127 (3)The Division of Recreation and Parks of the Department 128 of Environmental Protection may regulate auxiliary containers 129 within state parks consistent with its grant of authority in s. 130 258.004, wrappings, or disposable plastic bags. 131 Section 3.Present subsections (2) through (23) of section 132 403.706, Florida Statutes, are redesignated as subsections (3) 133 through (24), respectively, a new subsection (2) is added to 134 that section, and present subsections (4), (6), (7), and (20) of 135 that section are amended, to read: 136 403.706Local government solid waste responsibilities. 137 (2)A local government may not issue a construction permit 138 pursuant to this section for a new solid waste disposal facility 139 that uses an ash-producing incinerator or for a waste-to-energy 140 facility, if the proposed location of such facility is sited 141 within a one mile radius of any school or any property zoned for 142 residential use which has a density of one or more dwelling 143 units per acre. The one-mile radius must be measured from the 144 stack of the facility. This subsection applies only to a county 145 as defined in s. 125.011(1). 146 (5)(a)(4)(a)In order to promote the production of 147 renewable energy from solid waste, each megawatt-hour produced 148 by a renewable energy facility using solid waste as a fuel shall 149 count as 1 ton of recycled material and shall be applied toward 150 meeting the recycling goals set forth in this section. If a 151 county creating renewable energy from solid waste implements and 152 maintains a program to recycle at least 50 percent of municipal 153 solid waste by a means other than creating renewable energy, 154 that county shall count 1.25 tons of recycled material for each 155 megawatt-hour produced. If waste originates from a county other 156 than the county in which the renewable energy facility resides, 157 the originating county shall receive such recycling credit. Any 158 byproduct resulting from the creation of renewable energy that 159 is recycled shall count towards the county recycling goals in 160 accordance with the methods and criteria developed pursuant to 161 paragraph (3)(h) (2)(h). 162 (b)A county may receive credit for one-half of the 163 recycling goal set forth in subsection (3) (2) from the use of 164 yard trash, or other clean wood waste or paper waste, in 165 innovative programs including, but not limited to, programs that 166 produce alternative clean-burning fuels such as ethanol or that 167 provide for the conversion of yard trash or other clean wood 168 waste or paper waste to clean-burning fuel for the production of 169 energy for use at facilities other than a waste-to-energy 170 facility as defined in s. 403.7061. The provisions of this 171 paragraph apply only if a county can demonstrate that: 172 1.The county has implemented a yard trash mulching or 173 composting program, and 174 2.As part of the program, compost and mulch made from yard 175 trash is available to the general public and in use at county 176 owned or maintained and municipally owned or maintained 177 facilities in the county and state agencies operating in the 178 county as required by this section. 179 (c)A county with a population of 100,000 or less may 180 provide its residents with the opportunity to recycle in lieu of 181 achieving the goal set forth in this section. For the purposes 182 of this section, the opportunity to recycle means that the 183 county: 184 1.a.Provides a system for separating and collecting 185 recyclable materials prior to disposal that is located at a 186 solid waste management facility or solid waste disposal area; or 187 b.Provides a system of places within the county for 188 collection of source-separated recyclable materials. 189 2.Provides a public education and promotion program that 190 is conducted to inform its residents of the opportunity to 191 recycle, encourages source separation of recyclable materials, 192 and promotes the benefits of reducing, reusing, recycling, and 193 composting materials. 194 (7)(6)The department may reduce or modify the municipal 195 solid waste recycling goal that a county is required to achieve 196 pursuant to subsection (3) (2) if the county demonstrates to the 197 department that: 198 (a)The achievement of the goal set forth in subsection (3) 199 (2) would have an adverse effect on the financial obligations of 200 a county that are directly related to a waste-to-energy facility 201 owned or operated by or on behalf of the county; and 202 (b)The county cannot remove normally combustible materials 203 from solid waste that is to be processed at a waste-to-energy 204 facility because of the need to maintain a sufficient amount of 205 solid waste to ensure the financial viability of the facility. 206 207 The goal shall not be waived entirely and may only be reduced or 208 modified to the extent necessary to alleviate the adverse 209 effects of achieving the goal on the financial viability of a 210 countys waste-to-energy facility. Nothing in this subsection 211 shall exempt a county from developing and implementing a 212 recycling program pursuant to this act. 213 (8)(7)In order to assess the progress in meeting the goal 214 set forth in subsection (3) (2), each county shall, by April 1 215 each year, provide information to the department regarding its 216 annual solid waste management program and recycling activities. 217 (a)The information submitted to the department by the 218 county must, at a minimum, include: 219 1.The amount of municipal solid waste disposed of at solid 220 waste disposal facilities, by type of waste such as yard trash, 221 white goods, clean debris, tires, and unseparated solid waste; 222 2.The amount and type of materials from the municipal 223 solid waste stream that were recycled; and 224 3.The percentage of the population participating in 225 various types of recycling activities instituted. 226 (b)Beginning with the data for the 2012 calendar year, the 227 department shall by July 1 each year post on its website the 228 recycling rates of each county for the prior calendar year. 229 (21)(20)In addition to any other penalties provided by 230 law, a local government that does not comply with the 231 requirements of subsections (3) and (5) is (2) and (4) shall not 232 be eligible for grants from the Solid Waste Management Trust 233 Fund, and the department may notify the Chief Financial Officer 234 to withhold payment of all or a portion of funds payable to the 235 local government by the department from the General Revenue Fund 236 or by the department from any other state fund, to the extent 237 not pledged to retire bonded indebtedness, unless the local 238 government demonstrates that good faith efforts to meet the 239 requirements of subsections (3) and (5) (2) and (4) have been 240 made or that the funds are being or will be used to finance the 241 correction of a pollution control problem that spans 242 jurisdictional boundaries. 243 Section 4.Present subsections (6) through (14) of section 244 403.707, Florida Statutes, are redesignated as subsections (7) 245 through (15), respectively, a new subsection (6) is added to 246 that section, and paragraph (j) of present subsection (9) of 247 that section is amended, to read: 248 403.707Permits. 249 (6)The department may not issue a construction permit 250 pursuant to this section for a new solid waste disposal facility 251 that uses an ash-producing incinerator or for a waste-to-energy 252 facility, if the proposed location of such facility is sited 253 within a one mile radius of any school or any property zoned for 254 residential use which has a density of one or more dwelling 255 units per acre. The one-mile radius must be measured from the 256 stack of the facility. This subsection applies only to a county 257 as defined in s. 125.011(1). 258 (10)(9)The department shall establish a separate category 259 for solid waste management facilities that accept only 260 construction and demolition debris for disposal or recycling. 261 The department shall establish a reasonable schedule for 262 existing facilities to comply with this section to avoid undue 263 hardship to such facilities. However, a permitted solid waste 264 disposal unit that receives a significant amount of waste prior 265 to the compliance deadline established in this schedule shall 266 not be required to be retrofitted with liners or leachate 267 control systems. 268 (j)The Legislature recognizes that recycling, waste 269 reduction, and resource recovery are important aspects of an 270 integrated solid waste management program and as such are 271 necessary to protect the public health and the environment. If 272 necessary to promote such an integrated program, the county may 273 determine, after providing notice and an opportunity for a 274 hearing prior to April 30, 2008, that some or all of the 275 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be 276 excluded from the definition of construction and demolition 277 debris in s. 403.703(7) s. 403.703(6) within the jurisdiction 278 of such county. The county may make such a determination only if 279 it finds that, prior to June 1, 2007, the county has established 280 an adequate method for the use or recycling of such wood 281 material at an existing or proposed solid waste management 282 facility that is permitted or authorized by the department on 283 June 1, 2007. The county is not required to hold a hearing if 284 the county represents that it previously has held a hearing for 285 such purpose, or if the county represents that it previously has 286 held a public meeting or hearing that authorized such method for 287 the use or recycling of trash or other nonputrescible waste 288 materials and that such materials include those materials 289 described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall 290 provide written notice of its determination to the department by 291 no later than April 30, 2008; thereafter, the materials 292 described in s. 403.703(7) s. 403.703(6) shall be excluded from 293 the definition of construction and demolition debris in s. 294 403.703(7) s. 403.703(6) within the jurisdiction of such county. 295 The county may withdraw or revoke its determination at any time 296 by providing written notice to the department. 297 Section 5.Subsection (5) of section 403.7049, Florida 298 Statutes, is amended to read: 299 403.7049Determination of full cost for solid waste 300 management; local solid waste management fees. 301 (5)In order to assist in achieving the municipal solid 302 waste reduction goal and the recycling provisions of s. 303 403.706(3) s. 403.706(2), a county or a municipality which owns 304 or operates a solid waste management facility is hereby 305 authorized to charge solid waste disposal fees which may vary 306 based on a number of factors, including, but not limited to, the 307 amount, characteristics, and form of recyclable materials 308 present in the solid waste that is brought to the countys or 309 the municipalitys facility for processing or disposal. 310 Section 6.Paragraph (c) of subsection (2) and subsection 311 (3) of section 403.705, Florida Statutes, are amended to read: 312 403.705State solid waste management program. 313 (2)The state solid waste management program shall include, 314 at a minimum: 315 (c)Planning guidelines and technical assistance to 316 counties and municipalities to aid in meeting the municipal 317 solid waste recycling goals established in s. 403.706(3) s. 318 403.706(2). 319 (3)The department shall evaluate and report biennially to 320 the President of the Senate and the Speaker of the House of 321 Representatives on the states success in meeting the solid 322 waste recycling goal as described in s. 403.706(3) s. 323 403.706(2). 324 Section 7.This act shall take effect July 1, 2025.
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