Florida Senate - 2016 SB 922
By Senator Montford
3-00576A-16 2016922__
1 A bill to be entitled
2 An act relating to solid waste management; amending s.
3 403.709, F.S.; providing for the funding of a waste
4 tire abatement program from the Solid Waste Management
5 Trust Fund up to a specified percentage of total
6 funds; establishing a solid waste landfill closure
7 account within the Solid Waste Management Trust Fund;
8 specifying the purpose of the account; authorizing the
9 Department of Environmental Protection to use account
10 funds to contract with a third party for the closing
11 and long-term care of solid waste management
12 facilities under specified circumstances; requiring
13 the department to deposit certain funds into the solid
14 waste landfill closure account; authorizing the
15 department to use funds from the account to pay for or
16 reimburse specified expenses under certain
17 circumstances; deleting a solid waste landfill closure
18 account within the Solid Waste Management Trust Fund;
19 amending s. 403.7095, F.S.; authorizing waste tire
20 abatement programs under the small county consolidated
21 grant program; removing the waste tire abatement
22 program supported by the solid waste management grant
23 program; removing distribution requirements; deleting
24 an obsolete provision; reenacting ss. 403.413(6)(a)
25 and 403.7032(5)(h), F.S., relating to the Florida
26 Litter Law and recycling, respectively, to incorporate
27 the amendments made to s. 403.7095, F.S., in
28 references thereto; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Paragraph (e) of subsection (1) and subsection
33 (5) of section 403.709, Florida Statutes, are amended, present
34 subsections (2) through (4) of that section are redesignated as
35 subsections (3) through (5), respectively, and a new subsection
36 (2) is added to that section, to read:
37 403.709 Solid Waste Management Trust Fund; use of waste
38 tire fees.—There is created the Solid Waste Management Trust
39 Fund, to be administered by the department.
40 (1) From the annual revenues deposited in the trust fund,
41 unless otherwise specified in the General Appropriations Act:
42 (e) Up to 37 percent shall be used for funding a waste tire
43 abatement program and a solid waste management grant program
44 pursuant to s. 403.7095 for activities relating to recycling and
45 waste reduction, including waste tires requiring final disposal.
46 Of the funding specified in this paragraph, no more than 5
47 percent of the total may be used for funding the waste tire
48 abatement program.
49 (2) Notwithstanding subsection (1), a solid waste landfill
50 closure account is established within the Solid Waste Management
51 Trust Fund to provide funding for the closing and long-term care
52 of solid waste management facilities.
53 (a) The department may use funds from the account to
54 contract with a third party for the closing and long-term care
55 of a solid waste management facility if:
56 1. The facility has, had, or was not required to obtain a
57 department permit to operate the facility;
58 2. The permittee, where required by permit or rule,
59 provided proof of financial assurance for closure in the form of
60 an insurance certificate or an alternative form of financial
61 assurance mechanism established pursuant to s. 403.7125;
62 3. The department has ordered the facility closed or has
63 deemed the facility abandoned;
64 4. The closure of the facility is accomplished in
65 substantial accordance with a closure plan approved by the
66 department; and
67 5. The department has sufficient documentation to confirm
68 that the issuer of the insurance policy or alternative form of
69 financial assurance will provide or reimburse the funds required
70 to complete the closing and long-term care of the facility.
71 (b) The department shall deposit all funds received from
72 the insurer or other parties for reimbursing the costs of
73 closing or long-term care of the facility under this subsection
74 into the solid waste landfill closure account.
75 (c) If the amount available under the insurance policy or
76 alternative form of financial assurance is insufficient, or is
77 otherwise inaccessible, to perform or complete the facility
78 closing or long-term care under this subsection, and the
79 department has used all such funds from the insurance policy or
80 alternative form of financial assurance, the department may use
81 funds from the solid waste landfill closure account to pay for
82 or reimburse additional expenses needed for performing or
83 completing the approved facility closure or longterm care
84 activities.
85 (5)(a) Notwithstanding subsection (1), a solid waste
86 landfill closure account is established within the Solid Waste
87 Management Trust Fund to provide funding for the closing and
88 long-term care of solid waste management facilities. The
89 department may use funds from the account to contract with a
90 third party for the closing and long-term care of a solid waste
91 management facility if:
92 1. The facility has or had a department permit to operate
93 the facility;
94 2. The permittee provided proof of financial assurance for
95 closure in the form of an insurance certificate;
96 3. The facility is deemed to be abandoned or was ordered to
97 close by the department;
98 4. Closure is accomplished in substantial accordance with a
99 closure plan approved by the department; and
100 5. The department has written documentation that the
101 insurance company issuing the closure insurance policy will
102 provide or reimburse the funds required to complete closing and
103 long-term care of the facility.
104 (b) The department shall deposit the funds received from
105 the insurance company as reimbursement for the costs of closing
106 or long-term care of the facility into the solid waste landfill
107 closure account.
108 (c) This subsection expires July 1, 2016.
109 Section 2. Section 403.7095, Florida Statutes, is amended
110 to read:
111 403.7095 Solid waste management grant program.—
112 (1) The department shall develop a consolidated grant
113 program for small counties having populations fewer than
114 100,000, with grants to be distributed equally among eligible
115 counties. Programs to be supported with the small-county
116 consolidated grants include those for the purpose of general
117 solid waste management, litter prevention and control, waste
118 tire abatement, and recycling and education programs.
119 (2) The department shall develop a waste tire grant program
120 making grants available to all counties. The department shall
121 ensure that at least 25 percent of the funding available for
122 waste tire grants is distributed equally to each county having a
123 population fewer than 100,000. Of the remaining funds
124 distributed to counties having a population of 100,000 or
125 greater, the department shall distribute those funds on the
126 basis of population.
127 (3) From the funds made available pursuant to s.
128 403.709(1)(e) for the grant program created by this section, the
129 following distributions shall be made:
130 (a) Up to 50 percent for the program described in
131 subsection (1); and
132 (b) Up to 50 percent for the program described in
133 subsection (2).
134 (2)(4) The department may adopt rules necessary to
135 administer this section, including, but not limited to, rules
136 governing timeframes for submitting grant applications, criteria
137 for prioritizing, matching criteria, maximum grant amounts, and
138 allocation of appropriated funds based upon project and
139 applicant size.
140 (5) Notwithstanding any other provision of this section,
141 and for the 2014-2015 fiscal year only, the Department of
142 Environmental Protection shall award the sum of $3 million in
143 grants equally to counties having populations of fewer than
144 100,000 for waste tire and litter prevention, recycling
145 education, and general solid waste programs. This subsection
146 expires July 1, 2015.
147 Section 3. For the purpose of incorporating the amendments
148 made by this act to section 403.7095, Florida Statutes, in a
149 reference thereto, paragraph (a) of subsection (6) of section
150 403.413, Florida Statutes, is reenacted to read:
151 403.413 Florida Litter Law.—
152 (6) PENALTIES; ENFORCEMENT.—
153 (a) Any person who dumps litter in violation of subsection
154 (4) in an amount not exceeding 15 pounds in weight or 27 cubic
155 feet in volume and not for commercial purposes is guilty of a
156 noncriminal infraction, punishable by a civil penalty of $100,
157 from which $50 shall be deposited into the Solid Waste
158 Management Trust Fund to be used for the solid waste management
159 grant program pursuant to s. 403.7095. In addition, the court
160 may require the violator to pick up litter or perform other
161 labor commensurate with the offense committed.
162 Section 4. For the purpose of incorporating the amendments
163 made by this act to section 403.7095, Florida Statutes, in a
164 reference thereto, paragraph (h) of subsection (5) of section
165 403.7032, Florida Statutes, is reenacted to read:
166 403.7032 Recycling.—
167 (5) The Department of Environmental Protection shall create
168 the Recycling Business Assistance Center by December 1, 2010. In
169 carrying out its duties under this subsection, the department
170 shall consult with state agency personnel appointed to serve as
171 economic development liaisons under s. 288.021 and seek
172 technical assistance from Enterprise Florida, Inc., to ensure
173 the Recycling Business Assistance Center is positioned to
174 succeed. The purpose of the center shall be to serve as the
175 mechanism for coordination among state agencies and the private
176 sector in order to coordinate policy and overall strategic
177 planning for developing new markets and expanding and enhancing
178 existing markets for recyclable materials in this state, other
179 states, and foreign countries. The duties of the center must
180 include, at a minimum:
181 (h) Providing evaluation of solid waste management grants,
182 pursuant to s. 403.7095, to reduce the flow of solid waste to
183 disposal facilities and encourage the sustainable recovery of
184 materials from Florida’s waste stream.
185 Section 5. This act shall take effect July 1, 2016.