Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 922
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2016           .                                

       Appropriations Subcommittee on General Government (Dean)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 77 - 185
    4  and insert:
    5  otherwise unavailable, to perform or complete the facility
    6  closing or long-term care under this subsection, and the
    7  department has used all such funds from the insurance policy or
    8  alternative form of financial assurance, the department may use
    9  funds from the Solid Waste Management Trust Fund to pay for or
   10  reimburse additional expenses needed for performing or
   11  completing the approved facility closure or longterm care
   12  activities.
   13         (5)(a) Notwithstanding subsection (1), a solid waste
   14  landfill closure account is established within the Solid Waste
   15  Management Trust Fund to provide funding for the closing and
   16  long-term care of solid waste management facilities. The
   17  department may use funds from the account to contract with a
   18  third party for the closing and long-term care of a solid waste
   19  management facility if:
   20         1. The facility has or had a department permit to operate
   21  the facility;
   22         2. The permittee provided proof of financial assurance for
   23  closure in the form of an insurance certificate;
   24         3. The facility is deemed to be abandoned or was ordered to
   25  close by the department;
   26         4. Closure is accomplished in substantial accordance with a
   27  closure plan approved by the department; and
   28         5. The department has written documentation that the
   29  insurance company issuing the closure insurance policy will
   30  provide or reimburse the funds required to complete closing and
   31  long-term care of the facility.
   32         (b) The department shall deposit the funds received from
   33  the insurance company as reimbursement for the costs of closing
   34  or long-term care of the facility into the solid waste landfill
   35  closure account.
   36         (c) This subsection expires July 1, 2016.
   37         Section 2. Effective upon becoming a law, section 403.7095,
   38  Florida Statutes, is amended to read:
   39         403.7095 Solid waste management grant program.—
   40         (1) The department shall develop a consolidated grant
   41  program for small counties having populations fewer than
   42  100,000, with grants to be distributed equally among eligible
   43  counties. Programs to be supported with the small-county
   44  consolidated grants include those for the purpose of general
   45  solid waste management, litter prevention and control, waste
   46  tire abatement, and recycling and education programs.
   47         (2) The department shall develop a waste tire grant program
   48  making grants available to all counties. The department shall
   49  ensure that at least 25 percent of the funding available for
   50  waste tire grants is distributed equally to each county having a
   51  population fewer than 100,000. Of the remaining funds
   52  distributed to counties having a population of 100,000 or
   53  greater, the department shall distribute those funds on the
   54  basis of population.
   55         (3) From the funds made available pursuant to s.
   56  403.709(1)(e) for the grant program created by this section, the
   57  following distributions shall be made:
   58         (a) Up to 50 percent for the program described in
   59  subsection (1); and
   60         (b) Up to 50 percent for the program described in
   61  subsection (2).
   62         (2)(4) The department may adopt rules necessary to
   63  administer this section, including, but not limited to, rules
   64  governing timeframes for submitting grant applications, criteria
   65  for prioritizing, matching criteria, maximum grant amounts, and
   66  allocation of appropriated funds based upon project and
   67  applicant size.
   68         (5) Notwithstanding any other provision of this section,
   69  and for the 2014-2015 fiscal year only, the Department of
   70  Environmental Protection shall award the sum of $3 million in
   71  grants equally to counties having populations of fewer than
   72  100,000 for waste tire and litter prevention, recycling
   73  education, and general solid waste programs. This subsection
   74  expires July 1, 2015.
   75         Section 3. For the purpose of incorporating the amendments
   76  made by this act to section 403.7095, Florida Statutes, in a
   77  reference thereto, paragraph (a) of subsection (6) of section
   78  403.413, Florida Statutes, is reenacted to read:
   79         403.413 Florida Litter Law.—
   80         (6) PENALTIES; ENFORCEMENT.—
   81         (a) Any person who dumps litter in violation of subsection
   82  (4) in an amount not exceeding 15 pounds in weight or 27 cubic
   83  feet in volume and not for commercial purposes is guilty of a
   84  noncriminal infraction, punishable by a civil penalty of $100,
   85  from which $50 shall be deposited into the Solid Waste
   86  Management Trust Fund to be used for the solid waste management
   87  grant program pursuant to s. 403.7095. In addition, the court
   88  may require the violator to pick up litter or perform other
   89  labor commensurate with the offense committed.
   90         Section 4. For the purpose of incorporating the amendments
   91  made by this act to section 403.7095, Florida Statutes, in a
   92  reference thereto, paragraph (h) of subsection (5) of section
   93  403.7032, Florida Statutes, is reenacted to read:
   94         403.7032 Recycling.—
   95         (5) The Department of Environmental Protection shall create
   96  the Recycling Business Assistance Center by December 1, 2010. In
   97  carrying out its duties under this subsection, the department
   98  shall consult with state agency personnel appointed to serve as
   99  economic development liaisons under s. 288.021 and seek
  100  technical assistance from Enterprise Florida, Inc., to ensure
  101  the Recycling Business Assistance Center is positioned to
  102  succeed. The purpose of the center shall be to serve as the
  103  mechanism for coordination among state agencies and the private
  104  sector in order to coordinate policy and overall strategic
  105  planning for developing new markets and expanding and enhancing
  106  existing markets for recyclable materials in this state, other
  107  states, and foreign countries. The duties of the center must
  108  include, at a minimum:
  109         (h) Providing evaluation of solid waste management grants,
  110  pursuant to s. 403.7095, to reduce the flow of solid waste to
  111  disposal facilities and encourage the sustainable recovery of
  112  materials from Florida’s waste stream.
  113         Section 5. Except as otherwise expressly provided in this
  114  act, this act shall take effect July 1, 2016.
  116  ================= T I T L E  A M E N D M E N T ================
  117  And the title is amended as follows:
  118         Delete lines 13 - 28
  119  and insert:
  120         the department to deposit certain funds into the solid
  121         waste landfill closure account; authorizing the
  122         department to use funds from the Solid Waste
  123         Management Trust Fund to pay for or reimburse
  124         specified expenses under certain circumstances;
  125         deleting a solid waste landfill closure account within
  126         the Solid Waste Management Trust Fund; amending s.
  127         403.7095, F.S.; authorizing waste tire abatement
  128         programs under the small county consolidated grant
  129         program; removing the waste tire abatement program
  130         supported by the solid waste management grant program;
  131         removing distribution requirements; deleting an
  132         obsolete provision; reenacting ss. 403.413(6)(a) and
  133         403.7032(5)(h), F.S., relating to the Florida Litter
  134         Law and recycling, respectively, to incorporate the
  135         amendments made to s. 403.7095, F.S., in references
  136         thereto; providing effective dates.