SB 996 — Local Government Waste Programs

Florida Senate - 2020 CS for CS for SB 996 By the CommitteesCommittee on EnvironmentCommunity andAffairs; Natural Resources;

and CommunitySenator Affairs;Albritton 578-02662-20 2020996c1 A bill to be entitled An act relating to displacement of private waste companies;

and Senator Albritton 592-03423-20 2020996c2 A bill to be entitled An act relating to local government waste programs;

403.706, F.S.;

exempting fiscally constrained counties from certain local government recycling goals and requirements;

providing an expiration date for the exemption;

providing legislative findings;

creating a recycled materials management pilot program for Polk County, in coordination with the University of Florida, for a specified purpose;

authorizing the county to collaborate with other local governmental and private entities to carry out and finance the pilot program;

exempting Polk County from specified recycling provisions while participating in the pilot program;

requiring Polk County to communicate and collaborate with the Department of Environmental Protection for certain purposes;

requiring Polk County to submit a report containing specified information to the Governor and the Legislature by a specified date;

providing for expiration of the pilot program;

amending s.

revising the definition of the term “displacement”;

3415 Be It Enacted by the Legislature of the State of Florida:

3617 Section 1. Subsections1. Paragraph (23)(c) andof (24)subsection are(3) addedof to section 403.706,403.70605, Florida Statutes, is amended to read:

403.706 Local403.70605 Solid waste collection services in competition with private companies.— (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.— (c) Following the final public hearing held under paragraph (b), but not later than 1 year after the hearing, the local government solidmay wasteproceed responsibilities.—to (23) Atake fiscallythose constrainedmeasures county,necessary asto definedprovide inthe s.service.

218.67(1), is exempt from the goals and requirements of this section.

This subsection expires July 1, 2035.

(24)(a) The Legislature finds that local governments, regional solid waste management authorities, and government owned and privately owned waste management entities face significant challenges in meeting this state’s waste recycling goals, as provided in subsection (2), due to a variety of factors, including the diversity and magnitude of the waste stream and the ever-changing global demand and market conditions for recyclable materials.

These factors make it necessary to investigate other options for the management of recyclable material resources to ensure the protection of the environment, as well as limit the cost to the residents of this state for solid waste collection and disposal.

(b) A recycled materials management pilot project is created for Polk County, in coordination with the University of Florida, to identify sustainable, environmentally responsible, and cost-effective collection, storage, and retention methods for recyclable materials which have limited economic or industrial utility, but retain their potential to be reintroduced into the market through an economically viable recycling process.

(c) Polk County may join with one or more counties, municipalities, special districts, publicly owned or privately owned waste utilities, multijurisdictional water management entities, or other entities in carrying out the pilot program and may contract with other entities to finance or otherwise implement the operation and maintenance of the pilot program.

The contracts may provide for contributions to be made by each party to the contract for the division and apportionment of resulting costs, including operations and maintenance, benefits, services, and products.

The contracts may contain other covenants and agreements necessary and appropriate to accomplish their purposes.

The Legislature will not provide any funding assistance for the pilot program.

However, this section may not be construed so as to limit or prevent the University of Florida or any other state entity wishing to participate in the pilot program from providing in-kind services in furtherance of the goals of the pilot program.

(d) During the term of the pilot program, Polk County is exempt from meeting the goals and requirements set forth in this section.

(e) Polk County shall periodically communicate and collaborate with the department regarding specific objectives of the pilot program, progress made in achieving such objectives, and any conclusions that may be drawn from the program.

(f) Polk County shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by July 1, 2025, regarding the conclusions of the pilot program.

The report must include all of the following information:

1. A description of the pilot program, including a summary of its goals and an overview of the methodology used to identify the specific recyclable materials that were determined to provide the greatest environmental benefit and opportunity for retention and later reintroduction to the recyclable materials market.

2. An overview of the methodology implemented to segregate the recyclable materials of greatest environmental benefit while minimizing the handling and processing of recyclable materials of low environmental benefit.

3. Any progress made in developing and implementing the pilot program in comparison to the development and implementation of other processes currently being used for the collection, disposal, or reuse of the same recyclable materials.

4. The capital and operating costs Polk County estimates it would expend to fully implement any economically feasible recycling and solid waste management practices revealed by the pilot program in comparison to the same estimated costs it would expend to fully implement other alternative recycling and solid waste management practices that counties, municipalities, or special districts have implemented in this state.

5. The source of funds used in developing and implementing the pilot program.

6. The benefits to Polk County and this state from implementation of any economically viable recycling and solid waste management practices revealed by the pilot program.

7. A recommendation as to whether any economically viable recycling and solid waste management practices revealed by the pilot program should be available as an acceptable alternative to the traditional processes that counties, municipalities, or special districts have used to manage recyclable materials and, if so, identification of the statutory changes necessary to do so.

(g) The pilot program and this subsection shall expire July 1, 2025.