Florida Senate - 2020                       CS for CS for SB 996
       
       
        
       By the Committees on Environment and Natural Resources; and
       Community Affairs; and Senator Albritton
       
       
       
       
       592-03423-20                                           2020996c2
    1                        A bill to be entitled                      
    2         An act relating to local government waste programs;
    3         amending s. 403.706, F.S.; exempting fiscally
    4         constrained counties from certain local government
    5         recycling goals and requirements; providing an
    6         expiration date for the exemption; providing
    7         legislative findings; creating a recycled materials
    8         management pilot program for Polk County, in
    9         coordination with the University of Florida, for a
   10         specified purpose; authorizing the county to
   11         collaborate with other local governmental and private
   12         entities to carry out and finance the pilot program;
   13         exempting Polk County from specified recycling
   14         provisions while participating in the pilot program;
   15         requiring Polk County to communicate and collaborate
   16         with the Department of Environmental Protection for
   17         certain purposes; requiring Polk County to submit a
   18         report containing specified information to the
   19         Governor and the Legislature by a specified date;
   20         providing for expiration of the pilot program;
   21         amending s. 403.70605, F.S.; revising the definition
   22         of the term “displacement”; requiring a local
   23         government to pay a specified amount of compensation
   24         to a displaced private waste company at the end of a
   25         specified notice period; removing a provision
   26         authorizing a local government to pay a specified
   27         amount of compensation to a private waste company as
   28         an alternative to delaying displacement for a
   29         specified period; removing a provision authorizing a
   30         local government and a private waste company to
   31         negotiate such compensation and notice period;
   32         providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsections (23) and (24) are added to section
   37  403.706, Florida Statutes, to read:
   38         403.706 Local government solid waste responsibilities.—
   39         (23) A fiscally constrained county, as defined in s.
   40  218.67(1), is exempt from the goals and requirements of this
   41  section. This subsection expires July 1, 2035.
   42         (24)(a)The Legislature finds that local governments,
   43  regional solid waste management authorities, and government
   44  owned and privately owned waste management entities face
   45  significant challenges in meeting this state’s waste recycling
   46  goals, as provided in subsection (2), due to a variety of
   47  factors, including the diversity and magnitude of the waste
   48  stream and the ever-changing global demand and market conditions
   49  for recyclable materials. These factors make it necessary to
   50  investigate other options for the management of recyclable
   51  material resources to ensure the protection of the environment,
   52  as well as limit the cost to the residents of this state for
   53  solid waste collection and disposal.
   54         (b) A recycled materials management pilot project is
   55  created for Polk County, in coordination with the University of
   56  Florida, to identify sustainable, environmentally responsible,
   57  and cost-effective collection, storage, and retention methods
   58  for recyclable materials which have limited economic or
   59  industrial utility, but retain their potential to be
   60  reintroduced into the market through an economically viable
   61  recycling process.
   62         (c)Polk County may join with one or more counties,
   63  municipalities, special districts, publicly owned or privately
   64  owned waste utilities, multijurisdictional water management
   65  entities, or other entities in carrying out the pilot program
   66  and may contract with other entities to finance or otherwise
   67  implement the operation and maintenance of the pilot program.
   68  The contracts may provide for contributions to be made by each
   69  party to the contract for the division and apportionment of
   70  resulting costs, including operations and maintenance, benefits,
   71  services, and products. The contracts may contain other
   72  covenants and agreements necessary and appropriate to accomplish
   73  their purposes. The Legislature will not provide any funding
   74  assistance for the pilot program. However, this section may not
   75  be construed so as to limit or prevent the University of Florida
   76  or any other state entity wishing to participate in the pilot
   77  program from providing in-kind services in furtherance of the
   78  goals of the pilot program.
   79         (d)During the term of the pilot program, Polk County is
   80  exempt from meeting the goals and requirements set forth in this
   81  section.
   82         (e)Polk County shall periodically communicate and
   83  collaborate with the department regarding specific objectives of
   84  the pilot program, progress made in achieving such objectives,
   85  and any conclusions that may be drawn from the program.
   86         (f)Polk County shall submit a report to the Governor, the
   87  President of the Senate, and the Speaker of the House of
   88  Representatives by July 1, 2025, regarding the conclusions of
   89  the pilot program. The report must include all of the following
   90  information:
   91         1. A description of the pilot program, including a summary
   92  of its goals and an overview of the methodology used to identify
   93  the specific recyclable materials that were determined to
   94  provide the greatest environmental benefit and opportunity for
   95  retention and later reintroduction to the recyclable materials
   96  market.
   97         2.An overview of the methodology implemented to segregate
   98  the recyclable materials of greatest environmental benefit while
   99  minimizing the handling and processing of recyclable materials
  100  of low environmental benefit.
  101         3.Any progress made in developing and implementing the
  102  pilot program in comparison to the development and
  103  implementation of other processes currently being used for the
  104  collection, disposal, or reuse of the same recyclable materials.
  105         4. The capital and operating costs Polk County estimates it
  106  would expend to fully implement any economically feasible
  107  recycling and solid waste management practices revealed by the
  108  pilot program in comparison to the same estimated costs it would
  109  expend to fully implement other alternative recycling and solid
  110  waste management practices that counties, municipalities, or
  111  special districts have implemented in this state.
  112         5. The source of funds used in developing and implementing
  113  the pilot program.
  114         6. The benefits to Polk County and this state from
  115  implementation of any economically viable recycling and solid
  116  waste management practices revealed by the pilot program.
  117         7. A recommendation as to whether any economically viable
  118  recycling and solid waste management practices revealed by the
  119  pilot program should be available as an acceptable alternative
  120  to the traditional processes that counties, municipalities, or
  121  special districts have used to manage recyclable materials and,
  122  if so, identification of the statutory changes necessary to do
  123  so.
  124         (g)The pilot program and this subsection shall expire July
  125  1, 2025.
  126         Section 2. Paragraphs (a) and (c) of subsection (3) of
  127  section 403.70605, Florida Statutes, are amended to read:
  128         403.70605 Solid waste collection services in competition
  129  with private companies.—
  130         (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.—
  131         (a) As used in this subsection, the term “displacement”
  132  means a local government’s provision of a collection service
  133  which prohibits a private company from continuing to provide the
  134  same service that it was providing when the decision to displace
  135  was made. The term does not include:
  136         1. Competition between the public sector and private
  137  companies for individual contracts;
  138         2. Actions by which a local government, at the end of a
  139  contract with a private company or at the end of any franchise a
  140  local government has granted to a private company, refuses to
  141  renew the contract or franchise and either awards the contract
  142  or grants a franchise to another private company or companies or
  143  decides for any reason to provide the collection service itself;
  144         3. Actions taken against a private company because the
  145  company has acted in a manner threatening to the public health
  146  or safety or resulting in a substantial public nuisance;
  147         4. Actions taken against a private company because the
  148  company has materially breached its contract with the local
  149  government;
  150         5. Refusal by a private company to continue operations
  151  under the terms and conditions of its existing agreement during
  152  the 3-year notice period;
  153         6. Entering into a contract with a private company to
  154  provide garbage, trash, or refuse collection which contract is
  155  not entered into under an ordinance that displaces or authorizes
  156  the displacement of another private company providing garbage,
  157  trash, or refuse collection;
  158         7. Situations in which a majority of the property owners in
  159  the displacement area petition the governing body to take over
  160  the collection service;
  161         8. Situations in which the private companies are
  162  franchised, licensed, or permitted to do business within the
  163  local government for a limited time and such franchise, license,
  164  or permit expires and is not renewed by the local government.
  165  This subparagraph does not apply to licensing or permitting
  166  processes enacted after May 1, 1999, or to occupational
  167  licenses; or
  168         9. Annexations, but only to the extent that the provisions
  169  of s. 171.062(4) apply.
  170         (c) Following the final public hearing held under paragraph
  171  (b), but not later than 1 year after the hearing, the local
  172  government may proceed to take those measures necessary to
  173  provide the service. The A local government shall provide 3
  174  years’ notice to the a private company before it engages in the
  175  actual provision of the service that displaces the company. At
  176  the end of the 3-year notice period As an alternative to
  177  delaying displacement 3 years, the a local government shall may
  178  pay the a displaced company an amount equal to the company’s
  179  preceding 18 15 months’ gross receipts for the displaced service
  180  in the displacement area. The 3-year notice period shall lapse
  181  as to any private company being displaced when the company
  182  ceases to provide service within the displacement area. Nothing
  183  in this paragraph prohibits the local government and the company
  184  from voluntarily negotiating a different notice period or amount
  185  of compensation.
  186         Section 3. This act shall take effect July 1, 2020.