Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS/HB 1609, 1st Eng.
       
       
       
       
       
       
                                Ì569736PÎ569736                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
               Floor: 1a/RE/2R         .                                
             04/29/2025 04:29 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Martin moved the following:
       
    1         Senate Amendment to Amendment (397706) (with title
    2  amendment)
    3  
    4         Delete lines 60 - 301
    5  and insert:
    6  of the State Constitution and, when s. 403.706(21) s.
    7  403.706(19) applies, means a special district or other entity.
    8         (22)(21) “Municipality,” or any like term, means a
    9  municipality created pursuant to general or special law
   10  authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
   11  the State Constitution and, when s. 403.706(21) s. 403.706(19)
   12  applies, means a special district or other entity.
   13         (36)(35) “Solid waste” means sludge unregulated under the
   14  federal Clean Water Act or Clean Air Act, sludge from a waste
   15  treatment works, water supply treatment plant, or air pollution
   16  control facility, or garbage, rubbish, refuse, special waste, or
   17  other discarded material, including solid, liquid, semisolid, or
   18  contained gaseous material resulting from domestic, industrial,
   19  commercial, mining, agricultural, or governmental operations.
   20  Recovered materials as defined in subsection (29) (28) and post
   21  use polymers as defined in subsection (25) (24) are not solid
   22  waste.
   23         Section 2. Section 403.7033, Florida Statutes, is amended
   24  to read:
   25         403.7033 Preemption of regulation for auxiliary containers
   26  Departmental analysis of particular recyclable materials.—The
   27  Legislature finds that prudent regulation of recyclable
   28  materials is crucial to the ongoing welfare of Florida’s ecology
   29  and economy. As such, the Department of Environmental Protection
   30  shall review and update its 2010 report on retail bags analyzing
   31  the need for new or different regulation of auxiliary
   32  containers, wrappings, or disposable plastic bags used by
   33  consumers to carry products from retail establishments. The
   34  updated report must include input from state and local
   35  government agencies, stakeholders, private businesses, and
   36  citizens and must evaluate the efficacy and necessity of both
   37  statewide and local regulation of these materials. To ensure
   38  consistent and effective implementation, the department shall
   39  submit the updated report with conclusions and recommendations
   40  to the Legislature no later than December 31, 2021. Until such
   41  time that the Legislature adopts the recommendations of the
   42  department,
   43         (1)The regulation of auxiliary containers is expressly
   44  preempted to the state. A local government, local governmental
   45  agency, or state governmental agency may not enact or enforce
   46  any rule, regulation, or ordinance regarding the use,
   47  disposition, sale, prohibition, restriction, or tax of such
   48  auxiliary containers unless explicitly permitted by statute.
   49         (2)Rules, regulations, or ordinances restricting the use
   50  of glass auxiliary containers within the boundaries of any
   51  public beach are explicitly permitted.
   52         (3)The Division of Recreation and Parks of the Department
   53  of Environmental Protection may regulate auxiliary containers
   54  within state parks consistent with its grant of authority in s.
   55  258.004, wrappings, or disposable plastic bags.
   56         Section 3. Present subsections (2) through (23) of section
   57  403.706, Florida Statutes, are redesignated as subsections (4)
   58  through (25), respectively, new subsections (2) and (3) are
   59  added to that section, and present subsections (4), (6), (7),
   60  and (20) of that section are amended, to read:
   61         403.706 Local government solid waste responsibilities.—
   62         (2)A local government may not issue a construction permit
   63  pursuant to this section for a new solid waste disposal facility
   64  that uses an ash-producing incinerator or for a waste-to-energy
   65  facility, if the proposed location of such facility is sited
   66  within a 1-mile radius of any school or any property zoned for
   67  residential use within that same county which has a density of
   68  one or more dwelling units per acre. The 1-mile radius must be
   69  measured from the stack of the facility. This subsection applies
   70  only to a county as defined in s. 125.011(1).
   71         (3)A local government may not issue a construction permit
   72  pursuant to this section for the expansion of any existing
   73  landfill that was permitted on or before December 2, 1970, the
   74  date on which the United States Environmental Protection Agency
   75  was established, and that is located within a 1-mile radius of
   76  any property zoned residential unless the entirety of the site
   77  is remediated and compliant with the department’s environmental
   78  standards.
   79         (a)A feasibility study must be conducted before the
   80  issuance of a permit to expand the existing landfill. The
   81  feasibility study must do all of the following:
   82         1.Identify potential waste-to-energy technologies and
   83  processes that reduce landfill dependence and greenhouse gas
   84  emissions including, but not limited to, anaerobic digestion,
   85  plasma arc technology, and mixed waste processing.
   86         2.Evaluate the financial costs of using such technologies
   87  and processes and the benefits of local siting and government
   88  ownership.
   89         3.Evaluate the technical feasibility of expansion,
   90  considering engineering requirements, infrastructure needs,
   91  technological advancements, and regulatory compliance.
   92         4.Evaluate relevant and appropriate data and analyses,
   93  such as surveys, studies, community goals and vision, and data
   94  used in preparation of the comprehensive plan, from
   95  professionally accepted sources.
   96         5.Identify and evaluate potential risks and challenges
   97  associated with the project.
   98         (b)The local government shall review and discuss in a
   99  public meeting the results of the feasibility study and provide
  100  a rationale for expanding the landfill.
  101         (6)(a)(4)(a) In order to promote the production of
  102  renewable energy from solid waste, each megawatt-hour produced
  103  by a renewable energy facility using solid waste as a fuel shall
  104  count as 1 ton of recycled material and shall be applied toward
  105  meeting the recycling goals set forth in this section. If a
  106  county creating renewable energy from solid waste implements and
  107  maintains a program to recycle at least 50 percent of municipal
  108  solid waste by a means other than creating renewable energy,
  109  that county shall count 1.25 tons of recycled material for each
  110  megawatt-hour produced. If waste originates from a county other
  111  than the county in which the renewable energy facility resides,
  112  the originating county shall receive such recycling credit. Any
  113  byproduct resulting from the creation of renewable energy that
  114  is recycled shall count towards the county recycling goals in
  115  accordance with the methods and criteria developed pursuant to
  116  paragraph (4)(h) (2)(h).
  117         (b) A county may receive credit for one-half of the
  118  recycling goal set forth in subsection (4) (2) from the use of
  119  yard trash, or other clean wood waste or paper waste, in
  120  innovative programs including, but not limited to, programs that
  121  produce alternative clean-burning fuels such as ethanol or that
  122  provide for the conversion of yard trash or other clean wood
  123  waste or paper waste to clean-burning fuel for the production of
  124  energy for use at facilities other than a waste-to-energy
  125  facility as defined in s. 403.7061. The provisions of this
  126  paragraph apply only if a county can demonstrate that:
  127         1. The county has implemented a yard trash mulching or
  128  composting program, and
  129         2. As part of the program, compost and mulch made from yard
  130  trash is available to the general public and in use at county
  131  owned or maintained and municipally owned or maintained
  132  facilities in the county and state agencies operating in the
  133  county as required by this section.
  134         (c) A county with a population of 100,000 or less may
  135  provide its residents with the opportunity to recycle in lieu of
  136  achieving the goal set forth in this section. For the purposes
  137  of this section, the “opportunity to recycle” means that the
  138  county:
  139         1.a. Provides a system for separating and collecting
  140  recyclable materials prior to disposal that is located at a
  141  solid waste management facility or solid waste disposal area; or
  142         b. Provides a system of places within the county for
  143  collection of source-separated recyclable materials.
  144         2. Provides a public education and promotion program that
  145  is conducted to inform its residents of the opportunity to
  146  recycle, encourages source separation of recyclable materials,
  147  and promotes the benefits of reducing, reusing, recycling, and
  148  composting materials.
  149         (8)(6) The department may reduce or modify the municipal
  150  solid waste recycling goal that a county is required to achieve
  151  pursuant to subsection (4) (2) if the county demonstrates to the
  152  department that:
  153         (a) The achievement of the goal set forth in subsection (4)
  154  (2) would have an adverse effect on the financial obligations of
  155  a county that are directly related to a waste-to-energy facility
  156  owned or operated by or on behalf of the county; and
  157         (b) The county cannot remove normally combustible materials
  158  from solid waste that is to be processed at a waste-to-energy
  159  facility because of the need to maintain a sufficient amount of
  160  solid waste to ensure the financial viability of the facility.
  161  
  162  The goal shall not be waived entirely and may only be reduced or
  163  modified to the extent necessary to alleviate the adverse
  164  effects of achieving the goal on the financial viability of a
  165  county’s waste-to-energy facility. Nothing in this subsection
  166  shall exempt a county from developing and implementing a
  167  recycling program pursuant to this act.
  168         (9)(7) In order to assess the progress in meeting the goal
  169  set forth in subsection (4) (2), each county shall, by April 1
  170  each year, provide information to the department regarding its
  171  annual solid waste management program and recycling activities.
  172         (a) The information submitted to the department by the
  173  county must, at a minimum, include:
  174         1. The amount of municipal solid waste disposed of at solid
  175  waste disposal facilities, by type of waste such as yard trash,
  176  white goods, clean debris, tires, and unseparated solid waste;
  177         2. The amount and type of materials from the municipal
  178  solid waste stream that were recycled; and
  179         3. The percentage of the population participating in
  180  various types of recycling activities instituted.
  181         (b) Beginning with the data for the 2012 calendar year, the
  182  department shall by July 1 each year post on its website the
  183  recycling rates of each county for the prior calendar year.
  184         (22)(20) In addition to any other penalties provided by
  185  law, a local government that does not comply with the
  186  requirements of subsections (4) and (6) is (2) and (4) shall not
  187  be eligible for grants from the Solid Waste Management Trust
  188  Fund, and the department may notify the Chief Financial Officer
  189  to withhold payment of all or a portion of funds payable to the
  190  local government by the department from the General Revenue Fund
  191  or by the department from any other state fund, to the extent
  192  not pledged to retire bonded indebtedness, unless the local
  193  government demonstrates that good faith efforts to meet the
  194  requirements of subsections (4) and (6) (2) and (4) have been
  195  made or that the funds are being or will be used to finance the
  196  correction of a pollution control problem that spans
  197  jurisdictional boundaries.
  198         Section 4. Present subsections (6) through (14) of section
  199  403.707, Florida Statutes, are redesignated as subsections (8)
  200  through (16), respectively, new subsections (6) and (7) are
  201  added to that section, and paragraph (j) of present subsection
  202  (9) of that section is amended, to read:
  203         403.707 Permits.—
  204         (6) The department may not issue a construction permit
  205  pursuant to this section for a new solid waste disposal facility
  206  that uses an ash-producing incinerator or for a waste-to-energy
  207  facility, if the proposed location of such facility is sited
  208  within a 1-mile radius of any school or any property zoned for
  209  residential use within that same county which has a density of
  210  one or more dwelling units per acre. The 1-mile radius must be
  211  measured from the stack of the facility. This subsection applies
  212  only to a county as defined in s. 125.011(1).
  213         (7)The department may not issue a construction permit
  214  pursuant to this section for the expansion of any existing
  215  landfill that was permitted on or before December 2, 1970, the
  216  date on which the United States Environmental Protection Agency
  217  was established, and that is located within a 1-mile radius of
  218  any property zoned residential unless the entirety of the site
  219  is remediated and compliant with the department’s environmental
  220  standards.
  221         (a)A feasibility study must be conducted before the
  222  issuance of a permit to expand the existing landfill. The
  223  feasibility study must do all of the following:
  224         1.Identify potential waste-to-energy technologies and
  225  processes that reduce landfill dependence and greenhouse gas
  226  emissions including, but not limited to, anaerobic digestion,
  227  plasma arc technology, and mixed waste processing.
  228         2.Evaluate the financial costs of such technologies and
  229  processes and the benefits of local siting and government
  230  ownership.
  231         3.Evaluate the technical feasibility of expansion,
  232  considering engineering requirements, infrastructure needs,
  233  technological advancements, and regulatory compliance.
  234         4.Evaluate relevant and appropriate data and analyses,
  235  such as surveys, studies, community goals and vision, and data
  236  used in preparation of the comprehensive plan, from
  237  professionally accepted sources.
  238         5.Identify and evaluate potential risks and challenges
  239  associated with the project.
  240         (b)The department shall review and discuss in a public
  241  meeting the results of the feasibility study and provide a
  242  rationale for expanding the landfill.
  243         (11)(9) The department shall establish a separate category
  244  for solid waste management facilities that accept only
  245  construction and demolition debris for disposal or recycling.
  246  The department shall establish a reasonable schedule for
  247  existing facilities to comply with this section to avoid undue
  248  hardship to such facilities. However, a permitted solid waste
  249  disposal unit that receives a significant amount of waste prior
  250  to the compliance deadline established in this schedule shall
  251  not be required to be retrofitted with liners or leachate
  252  control systems.
  253         (j) The Legislature recognizes that recycling, waste
  254  reduction, and resource recovery are important aspects of an
  255  integrated solid waste management program and as such are
  256  necessary to protect the public health and the environment. If
  257  necessary to promote such an integrated program, the county may
  258  determine, after providing notice and an opportunity for a
  259  hearing prior to April 30, 2008, that some or all of the
  260  material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
  261  excluded from the definition of “construction and demolition
  262  debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
  263  of such county. The county may make such a determination only if
  264  it finds that, prior to June 1, 2007, the county has established
  265  an adequate method for the use or recycling of such wood
  266  material at an existing or proposed solid waste management
  267  facility that is permitted or authorized by the department on
  268  June 1, 2007. The county is not required to hold a hearing if
  269  the county represents that it previously has held a hearing for
  270  such purpose, or if the county represents that it previously has
  271  held a public meeting or hearing that authorized such method for
  272  the use or recycling of trash or other nonputrescible waste
  273  materials and that such materials include those materials
  274  described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
  275  provide written notice of its determination to the department by
  276  no later than April 30, 2008; thereafter, the materials
  277  described in s. 403.703(7) s. 403.703(6) shall be excluded from
  278  the definition of “construction and demolition debris” in s.
  279  403.703(7) s. 403.703(6) within the jurisdiction of such county.
  280  The county may withdraw or revoke its determination at any time
  281  by providing written notice to the department.
  282         Section 5. Subsection (5) of section 403.7049, Florida
  283  Statutes, is amended to read:
  284         403.7049 Determination of full cost for solid waste
  285  management; local solid waste management fees.—
  286         (5) In order to assist in achieving the municipal solid
  287  waste reduction goal and the recycling provisions of s.
  288  403.706(4) s. 403.706(2), a county or a municipality which owns
  289  or operates a solid waste management facility is hereby
  290  authorized to charge solid waste disposal fees which may vary
  291  based on a number of factors, including, but not limited to, the
  292  amount, characteristics, and form of recyclable materials
  293  present in the solid waste that is brought to the county’s or
  294  the municipality’s facility for processing or disposal.
  295         Section 6. Paragraph (c) of subsection (2) and subsection
  296  (3) of section 403.705, Florida Statutes, are amended to read:
  297         403.705 State solid waste management program.—
  298         (2) The state solid waste management program shall include,
  299  at a minimum:
  300         (c) Planning guidelines and technical assistance to
  301  counties and municipalities to aid in meeting the municipal
  302  solid waste recycling goals established in s. 403.706(4) s.
  303  403.706(2).
  304         (3) The department shall evaluate and report biennially to
  305  the President of the Senate and the Speaker of the House of
  306  Representatives on the state’s success in meeting the solid
  307  waste recycling goal as described in s. 403.706(4) s.
  308  
  309  ================= T I T L E  A M E N D M E N T ================
  310  And the title is amended as follows:
  311         Delete lines 322 - 327
  312  and insert:
  313         state parks; amending s. 403.706, F.S.; prohibiting a
  314         local government from issuing a construction permit
  315         for certain solid waste disposal facilities in certain
  316         counties; providing applicability; prohibiting a local
  317         government from issuing a permit for the expansion of
  318         certain existing landfills unless a feasibility study
  319         is conducted; specifying requirements for the
  320         feasibility study; requiring the local government to
  321         review and discuss at a certain meeting the results of
  322         the feasibility study and provide a rationale for
  323         expanding the landfill; amending s. 403.707, F.S.;
  324         prohibiting the Department of Environmental Protection
  325         from issuing a construction permit for certain solid
  326         waste disposal facilities in certain counties;
  327         providing applicability; prohibiting the department
  328         from issuing a permit for the expansion of certain
  329         existing landfills unless a feasibility study is
  330         conducted; specifying requirements for the feasibility
  331         study; requiring the department to review and discuss
  332         at a certain meeting the results of the feasibility
  333         study and provide a rationale for expanding the
  334         landfill; conforming a provision to changes made