Recycling
HB 7243 by the General Government Policy Council, Rep. Troutman, and Others andCS/CS/SB 570 by Constantine
FAC staff was actively involved in the development of this bill. Policy discussions centered largely around the recycling of construction and demolition debris as well as whether and how to count waste to energy toward the 75% recycling goal passed in HB 7135 in the 2008 Regular Session. Earlier versions of the Senate bill contained detrimental and even dangerous environmental policy. Proposed bill language would have completely deregulated construction and demolition debris, removing any kind of environmental protection or control over the collection and disposal of this activity. The language also would have preempted local control, preventing counties from ensuring that these materials are handled in a safe manner from both an environmental and public health and safety perspective. Early language also would have been punitive toward waste to energy facilities. Again, this would have been contrary to current state policy, since counties have invested billions of taxpayer dollars at the urging of the State.
As passed, the bill is much improved from earlier drafts. It creates a voluntary certification program for materials recovery facilities. DEP is directed to form a technical advisory committee to explore the creation of this program. The bill also set thresholds for meeting gradual increases in recycling rates, up to a final percentage of 75% by 2020. It also requires counties to create programs for recycling construction and demolition debris, but does not specify what must be included in a local program. The bill requires newly developed property receiving a certificate of occupancy after July 1, 2012, that is used for multifamily residential or commercial purposes, to provide adequate space and an adequate receptacle for recycling. This provision is limited to counties with an established residential or commercial program that provides regular pick-up services.
If the state fails to meet the recycling thresholds provided in the bill, the DEP will provide an update to the Legislature for their future review. DEP is also directed to do a rulemaking on accounting, to ensure that there is a more accurate reporting and accounting system for recycled materials. The bill also provides a formula for calculating the credit for waste to energy facilities. Processing of construction and demolition debris is required to the extent that it is economically feasible, in order to encourage recycling of those materials. Additionally, there are provisions intended to increase the reporting of recycled construction and demolition debris. The bill also directs the Florida Building Commission to develop recommendations that increase residential and commercial recycling and composting and strongly encourage the use of recyclable materials and the recycling of construction and demolition debris.
Also, the bill removes the mandate for counties to create composting operations, which was instituted in HB 7135 in the 2008 Regular Session. Small counties continue to be held harmless and are allowed to provide an opportunity to recycle in lieu of meeting the specific thresholds contained in HB 7243. FAC staff worked hard to ensure that the compost mandate was removed for all counties and that small counties were held harmless. Effective date: July 1, 2010.
Landfills
CS/HB 569 by Rep. Poppell and CS/SB 1052 by Sen. Gaetz
This bill lifts the ban on yard trash going into Class I landfills, if the landfill uses an active gas-collection system. A permit modification is required. The county in which the landfill is located must be given notice and an opportunity to comment on the permit modification. Additionally, the bill provides that yard trash may be mulched and used for cover at Class I landfills. The DEP is directed to develop a rule for counting these activities toward the 75% recycling goal. Effective date: July 1, 2010.