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:
20 403.703 Definitions.—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:
43 403.7033 Preemption 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 Florida’s 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:
68 403.707 Permits.—
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.