SB 1764 — Municipal Solid Waste-to-Energy Program

Florida Senate - 2022 CS for SB 1764 FirstBy Engrossed 20221764e1 A bill to be entitled An act relating to the MunicipalCommittee Solidon Waste-to-EnergyAppropriations; Program;

and Senator Albritton 576-03238-22 20221764c1 A bill to be entitled An act relating to the Municipal Solid Waste-to-Energy Program;

authorizing the balance of certain unexpended funds to be carried forward for a specified number of years;

providing anappropriations; effective date.

authorizing the balance of certain unexpended funds to be carried forward for a specified number of years;

Florida Senate - 2022 CS for SB 1764 First576-03238-22 Engrossed20221764c1 20221764e1authorizing WHEREAS,positions; as provided in s.

providing an effective date.

WHEREAS, as provided in s.

The purpose of the program is to provide financial assistance grants and incentive grants to municipal solid waste-to-energy facilities to incentivize the production and sale of energy from municipal solid waste-to-energy facilities while also reducing Page 2 of 7 CODING:

Florida Senate - 2022 CS for SB 1764 First576-03238-22 Engrossed20221764c1 20221764e1municipal solid waste-to-energy facilities while also reducing the amount of waste that would otherwise be disposed of in a landfill.

(b) “Municipal solid waste-to-energy facility” means a publicly owned or government affiliate-owned facility that uses an enclosed device using controlled combustion to thermally break down solid waste to an ash residue that contains little or no combustible material and that produces electricity, steam, or other energy as a result.

(3) FINANCIAL ASSISTANCE GRANT PROGRAM.—The department, subject to appropriation, shall provide annual financial assistance grants to municipal solid waste-to-energy facilities that entered into a power purchase agreement with an electric utility before January 1, 2022, which included capacity and energy payments, and the owner of the municipal solid waste-to- energy facility has entered into a new or amended power purchase agreement that either no longer includes capacity payments or includes capacity and energy payments in an amount less than the total of the capacity and energy payments the municipal solid waste-to-energy facility received under the power purchase Page 3 of 7 CODING:

Florida Senate - 2022 CS for SB 1764 First576-03238-22 Engrossed20221764c1 20221764e1waste-to-energy facility received under the power purchase agreement entered into before January 1, 2022.

(c) The department shall establish a process to verify the amount of electric power purchased from a municipal solid waste- Page 4 of 7 CODING:

Florida Senate - 2022 CS for SB 1764 First576-03238-22 Engrossed20221764c1 20221764e1amount of electric power purchased from a municipal solid waste- to-energy facility by an electric utility during each preceding state fiscal year.

(d) Funds awarded under the incentive grant program may not be used to promote, establish, or convert a residential collection system that does not provide for the separate collection of residential solid waste from recovered materials Page 5 of 7 CODING:

Florida Senate - 2022 CS for SB 1764 First576-03238-22 Engrossed20221764c1 20221764e1collection of residential solid waste from recovered materials as defined in s.

(5) FUNDING.—FUNDING.—Funds (a) Funds appropriated for the Municipal Solid Waste-to-Waste-to-Energy Energy Program must first be used for financial assistance grants.

(b) Funds awarded under the grant programs set forth in this section may not be used to support, subsidize, or enable the sale of electric power generated by a municipal solid waste- to-energy facility to any small electric utility eligible to petition the commission under s.

366.06(4).

(c) Notwithstanding s.

216.301 and pursuant to s.

216.351, funds allocated for the purpose of this section which are not disbursed by June 30 of the fiscal year in which the funds are allocated may be carried forward for up to 5 years after the effective date of the original appropriation.

In adopting rules for the incentive grant program, the department shall consult the PageDepartment 6 of 7Environmental CODING:Protection.

Section 2.

(1) For the 2022-2023 fiscal year, the sum of $100 million in recurring funds is appropriated from the General Revenue Fund to the Department of Agriculture and Consumer Services for the Municipal Solid Waste-to-Energy Program, as provided in s.

377.814, Florida Statutes.

(2) Notwithstanding s.

216.301, Florida Statutes, and pursuant to s.

216.351, Florida Statutes, funds allocated for the purpose of this section which are not disbursed by June 30 of the fiscal year in which the funds are allocated may be Page 6 of 7 CODING:

Florida Senate - 2022 CS for SB 1764 First576-03238-22 Engrossed20221764c1 20221764e1carried Departmentforward for up to 5 years after the effective date of Environmentalthe Protection.original appropriation.

Section 2.3.

For the 2022-2023 fiscal year, the sums of $149,832 in recurring funds and $9,984 in nonrecurring funds are appropriated from the General Revenue Fund to the Department of Agriculture and Consumer Services, and two full-time equivalent positions with associated salary rate of 80,540 are authorized, for the purpose of implementing this act.

Section 4.