Florida Senate - 2018                                    SB 1326
       By Senator Baxley
       12-01214-18                                           20181326__
    1                        A bill to be entitled                      
    2         An act relating to the management of storm-generated
    3         debris and solid waste; amending s. 403.703, F.S.;
    4         revising the definition of “recovered materials” to
    5         include certain wood, asphalt, and concrete materials;
    6         amending s. 403.7071, F.S.; specifying that the
    7         Governor may also order or proclaim storm events that
    8         result in certain storm-generated debris provisions;
    9         requiring local governments to suspend exclusive
   10         contracts for the collection, hauling, staging, or
   11         disposal of storm-generated debris and solid waste
   12         under certain conditions; prohibiting local
   13         governments from entering into and extending such
   14         contracts after a specified date; providing
   15         applicability; providing a directive to the Division
   16         of Law Revision and Information; providing an
   17         effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (28) of section 403.703, Florida
   22  Statutes, is amended to read:
   23         403.703 Definitions.—As used in this part, the term:
   24         (28) “Recovered materials” means metal, paper, glass,
   25  plastic, textile, or rubber, wood, asphalt, or concrete
   26  materials that have known recycling potential, can be feasibly
   27  recycled, and have been diverted and source separated or have
   28  been removed from the solid waste stream for sale, use, or reuse
   29  as raw materials, whether or not the materials require
   30  subsequent processing or separation from each other, but the
   31  term does not include materials destined for any use that
   32  constitutes disposal. Recovered materials as described in this
   33  subsection are not solid waste.
   34         Section 2. Section 403.7071, Florida Statutes, is amended
   35  to read:
   36         403.7071 Management of storm-generated debris.—Solid waste
   37  generated as a result of a storm event that is the subject of an
   38  executive order or proclamation of the Governor or an emergency
   39  order issued by the department may be managed as follows:
   40         (1) Recycling and reuse of storm-generated vegetative
   41  debris is encouraged to the greatest extent practicable. Such
   42  recycling and reuse must be conducted in accordance with
   43  applicable department rules and may include, but is not limited
   44  to, chipping and grinding of the vegetative debris to be
   45  beneficially used as a ground cover or soil amendment, compost,
   46  or as a combustible fuel for any applicable commercial or
   47  industrial application.
   48         (2) The department may issue field authorizations for
   49  staging areas in those counties affected by a storm event. Such
   50  staging areas may be used for the temporary storage and
   51  management of storm-generated debris, including the chipping,
   52  grinding, or burning of vegetative debris. Field authorizations
   53  may include specific conditions for the operation and closure of
   54  the staging area and must specify the date that closure is
   55  required. To the greatest extent possible, staging areas may not
   56  be located in wetlands or other surface waters. The area that is
   57  used or affected by a staging area must be fully restored upon
   58  cessation of the use of the area.
   59         (3) Storm-generated vegetative debris managed at a staging
   60  area may be disposed of in a permitted lined or unlined
   61  landfill, a permitted land clearing debris facility, a permitted
   62  or certified waste-to-energy facility, or a permitted
   63  construction and demolition debris disposal facility. Vegetative
   64  debris may also be managed at a permitted waste processing
   65  facility or a registered yard trash processing facility.
   66         (4) Construction and demolition debris that is mixed with
   67  other storm-generated debris need not be segregated from other
   68  solid waste before disposal in a lined landfill. Construction
   69  and demolition debris that is source separated or is separated
   70  from other hurricane-generated debris at an authorized staging
   71  area, or at another area permitted or specifically authorized by
   72  the department, may be managed at a permitted construction and
   73  demolition debris disposal facility, a Class III landfill, or a
   74  recycling facility upon approval by the department of the
   75  methods and operational practices used to inspect the waste
   76  during segregation.
   77         (5) Unsalvageable refrigerators and freezers containing
   78  solid waste, such as rotting food, which may create a sanitary
   79  nuisance may be disposed of in a permitted lined landfill;
   80  however, chlorofluorocarbons and capacitors must be removed and
   81  recycled to the greatest extent practicable.
   82         (6) A local government or its agent Local governments or
   83  their agents may conduct the burning of storm-generated yard
   84  trash, other storm-generated vegetative debris, or untreated
   85  wood from construction and demolition debris in air-curtain
   86  incinerators without prior notice to the department. Within 10
   87  days after commencing such burning, the local government shall
   88  notify the department in writing describing the general nature
   89  of the materials burned; the location and method of burning; and
   90  the name, address, and telephone number of the representative of
   91  the local government to contact concerning the work. The
   92  operator of the air-curtain incinerator is subject to any
   93  requirement of the Florida Forest Service or of any other agency
   94  concerning authorization to conduct open burning. Any person
   95  conducting open burning of vegetative debris is also subject to
   96  such requirements.
   97         (7)A local government must suspend any exclusive contracts
   98  for the collection, hauling, staging, or disposal of storm
   99  generated debris or commercial or residential solid waste if the
  100  local government reasonably determines that the contractor will
  101  not be able to provide the contracted level of service or that
  102  the contracted level of service is expected to be insufficient
  103  to meet the needs of the local government. After the effective
  104  date of this act, a local government may not enter into a new
  105  exclusive contract or extend an existing exclusive contract for
  106  the collection, hauling, staging, or disposal of storm-generated
  107  debris. This subsection does not impair, void, or cause the
  108  modification of any contract entered into on or before the
  109  effective date of this act between a local government and an
  110  exclusive contractor or franchisee.
  111         Section 3. The Division of Law Revision and Information is
  112  directed to replace the phrase “the effective date of this act”
  113  wherever it occurs in this act with the date the act becomes a
  114  law.
  115         Section 4. This act shall take effect upon becoming a law.