Florida Senate - 2016                              CS for SB 922
       
       
        
       By the Committee on Appropriations; and Senator Montford
       
       576-03789-16                                           2016922c1
    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 Solid Waste
   16         Management Trust Fund to pay for or reimburse
   17         specified expenses under certain circumstances;
   18         deleting a solid waste landfill closure account within
   19         the Solid Waste Management Trust Fund; amending s.
   20         403.7095, F.S.; authorizing waste tire abatement
   21         programs under the small county consolidated grant
   22         program; removing the waste tire abatement program
   23         supported by the solid waste management grant program;
   24         removing distribution requirements; deleting an
   25         obsolete provision; reenacting ss. 403.413(6)(a) and
   26         403.7032(5)(h), F.S., relating to the Florida Litter
   27         Law and recycling, respectively, to incorporate the
   28         amendments made to s. 403.7095, F.S., in references
   29         thereto; providing effective dates.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (e) of subsection (1) and subsection
   34  (5) of section 403.709, Florida Statutes, are amended, present
   35  subsections (2) through (4) of that section are redesignated as
   36  subsections (3) through (5), respectively, and a new subsection
   37  (2) is added to that section, to read:
   38         403.709 Solid Waste Management Trust Fund; use of waste
   39  tire fees.—There is created the Solid Waste Management Trust
   40  Fund, to be administered by the department.
   41         (1) From the annual revenues deposited in the trust fund,
   42  unless otherwise specified in the General Appropriations Act:
   43         (e) Up to 37 percent shall be used for funding a waste tire
   44  abatement program and a solid waste management grant program
   45  pursuant to s. 403.7095 for activities relating to recycling and
   46  waste reduction, including waste tires requiring final disposal.
   47  Of the funding specified in this paragraph, no more than 5
   48  percent of the total may be used for funding the waste tire
   49  abatement program.
   50         (2) Notwithstanding subsection (1), a solid waste landfill
   51  closure account is established within the Solid Waste Management
   52  Trust Fund to provide funding for the closing and long-term care
   53  of solid waste management facilities.
   54         (a) The department may use funds from the account to
   55  contract with a third party for the closing and long-term care
   56  of a solid waste management facility if:
   57         1. The facility has, had, or was not required to obtain a
   58  department permit to operate the facility;
   59         2. The permittee, where required by permit or rule,
   60  provided proof of financial assurance for closure in the form of
   61  an insurance certificate or an alternative form of financial
   62  assurance mechanism established pursuant to s. 403.7125;
   63         3. The department has ordered the facility closed or has
   64  deemed the facility abandoned;
   65         4. The closure of the facility is accomplished in
   66  substantial accordance with a closure plan approved by the
   67  department; and
   68         5. The department has sufficient documentation to confirm
   69  that the issuer of the insurance policy or alternative form of
   70  financial assurance will provide or reimburse the funds required
   71  to complete the closing and long-term care of the facility.
   72         (b) The department shall deposit all funds received from
   73  the insurer or other parties for reimbursing the costs of
   74  closing or long-term care of the facility under this subsection
   75  into the solid waste landfill closure account.
   76         (c) If the amount available under the insurance policy or
   77  alternative form of financial assurance is insufficient, or is
   78  otherwise unavailable, to perform or complete the facility
   79  closing or long-term care under this subsection, and the
   80  department has used all such funds from the insurance policy or
   81  alternative form of financial assurance, the department may use
   82  funds from the Solid Waste Management Trust Fund to pay for or
   83  reimburse additional expenses needed for performing or
   84  completing the approved facility closure or longterm care
   85  activities.
   86         (5)(a) Notwithstanding subsection (1), a solid waste
   87  landfill closure account is established within the Solid Waste
   88  Management Trust Fund to provide funding for the closing and
   89  long-term care of solid waste management facilities. The
   90  department may use funds from the account to contract with a
   91  third party for the closing and long-term care of a solid waste
   92  management facility if:
   93         1. The facility has or had a department permit to operate
   94  the facility;
   95         2. The permittee provided proof of financial assurance for
   96  closure in the form of an insurance certificate;
   97         3. The facility is deemed to be abandoned or was ordered to
   98  close by the department;
   99         4. Closure is accomplished in substantial accordance with a
  100  closure plan approved by the department; and
  101         5. The department has written documentation that the
  102  insurance company issuing the closure insurance policy will
  103  provide or reimburse the funds required to complete closing and
  104  long-term care of the facility.
  105         (b) The department shall deposit the funds received from
  106  the insurance company as reimbursement for the costs of closing
  107  or long-term care of the facility into the solid waste landfill
  108  closure account.
  109         (c) This subsection expires July 1, 2016.
  110         Section 2. Effective upon becoming a law, section 403.7095,
  111  Florida Statutes, is amended to read:
  112         403.7095 Solid waste management grant program.—
  113         (1) The department shall develop a consolidated grant
  114  program for small counties having populations fewer than 110,000
  115  100,000, with grants to be distributed equally among eligible
  116  counties. Programs to be supported with the small-county
  117  consolidated grants include those for the purpose of general
  118  solid waste management, litter prevention and control, waste
  119  tire abatement, and recycling and education programs.
  120         (2) The department shall develop a waste tire grant program
  121  making grants available to all counties. The department shall
  122  ensure that at least 25 percent of the funding available for
  123  waste tire grants is distributed equally to each county having a
  124  population fewer than 100,000. Of the remaining funds
  125  distributed to counties having a population of 100,000 or
  126  greater, the department shall distribute those funds on the
  127  basis of population.
  128         (3) From the funds made available pursuant to s.
  129  403.709(1)(e) for the grant program created by this section, the
  130  following distributions shall be made:
  131         (a) Up to 50 percent for the program described in
  132  subsection (1); and
  133         (b) Up to 50 percent for the program described in
  134  subsection (2).
  135         (2)(4) The department may adopt rules necessary to
  136  administer this section, including, but not limited to, rules
  137  governing timeframes for submitting grant applications, criteria
  138  for prioritizing, matching criteria, maximum grant amounts, and
  139  allocation of appropriated funds based upon project and
  140  applicant size.
  141         (5) Notwithstanding any other provision of this section,
  142  and for the 2014-2015 fiscal year only, the Department of
  143  Environmental Protection shall award the sum of $3 million in
  144  grants equally to counties having populations of fewer than
  145  100,000 for waste tire and litter prevention, recycling
  146  education, and general solid waste programs. This subsection
  147  expires July 1, 2015.
  148         Section 3. For the purpose of incorporating the amendments
  149  made by this act to section 403.7095, Florida Statutes, in a
  150  reference thereto, paragraph (a) of subsection (6) of section
  151  403.413, Florida Statutes, is reenacted to read:
  152         403.413 Florida Litter Law.—
  153         (6) PENALTIES; ENFORCEMENT.—
  154         (a) Any person who dumps litter in violation of subsection
  155  (4) in an amount not exceeding 15 pounds in weight or 27 cubic
  156  feet in volume and not for commercial purposes is guilty of a
  157  noncriminal infraction, punishable by a civil penalty of $100,
  158  from which $50 shall be deposited into the Solid Waste
  159  Management Trust Fund to be used for the solid waste management
  160  grant program pursuant to s. 403.7095. In addition, the court
  161  may require the violator to pick up litter or perform other
  162  labor commensurate with the offense committed.
  163         Section 4. For the purpose of incorporating the amendments
  164  made by this act to section 403.7095, Florida Statutes, in a
  165  reference thereto, paragraph (h) of subsection (5) of section
  166  403.7032, Florida Statutes, is reenacted to read:
  167         403.7032 Recycling.—
  168         (5) The Department of Environmental Protection shall create
  169  the Recycling Business Assistance Center by December 1, 2010. In
  170  carrying out its duties under this subsection, the department
  171  shall consult with state agency personnel appointed to serve as
  172  economic development liaisons under s. 288.021 and seek
  173  technical assistance from Enterprise Florida, Inc., to ensure
  174  the Recycling Business Assistance Center is positioned to
  175  succeed. The purpose of the center shall be to serve as the
  176  mechanism for coordination among state agencies and the private
  177  sector in order to coordinate policy and overall strategic
  178  planning for developing new markets and expanding and enhancing
  179  existing markets for recyclable materials in this state, other
  180  states, and foreign countries. The duties of the center must
  181  include, at a minimum:
  182         (h) Providing evaluation of solid waste management grants,
  183  pursuant to s. 403.7095, to reduce the flow of solid waste to
  184  disposal facilities and encourage the sustainable recovery of
  185  materials from Florida’s waste stream.
  186         Section 5. Except as otherwise expressly provided in this
  187  act and except for this section, which shall become effective
  188  upon this act becoming a law, this act shall take effect July 1,
  189  2016.
  190