Bill Text: FL S0694 | 2021 | Regular Session | Enrolled
Bill Title: Waste Management
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-23 - Chapter No. 2021-125 [S0694 Detail]
Download: Florida-2021-S0694-Enrolled.html
ENROLLED 2021 Legislature CS for CS for SB 694 2021694er 1 2 An act relating to waste management; amending s. 3 403.7033, F.S.; requiring the Department of 4 Environmental Protection to review and update its 5 report on retail bags and submit the updated report to 6 the Legislature by a specified date; amending s. 7 403.70605, F.S.; requiring a local government to pay a 8 specified amount of compensation to a displaced 9 private waste company at the end of a specified notice 10 period; removing a provision authorizing a local 11 government to pay a specified amount of compensation 12 to a private waste company as an alternative to 13 delaying displacement for a specified period; 14 providing applicability; amending s. 403.703, F.S.; 15 defining the term “storm-generated yard trash”; 16 reenacting and amending s. 403.7071, F.S.; providing 17 that private solid waste or debris management service 18 providers are not required to collect storm-generated 19 yard trash unless required to do so by contract or 20 franchise agreement with a local government; providing 21 an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 403.7033, Florida Statutes, is amended 26 to read: 27 403.7033 Departmental analysis of particular recyclable 28 materials.—The Legislature finds that prudent regulation of 29 recyclable materials is crucial to the ongoing welfare of 30 Florida’s ecology and economy. As such, the Department of 31 Environmental Protection shall review and update its 2010 report 32 on retail bags analyzingundertake an analysis ofthe need for 33 new or different regulation of auxiliary containers, wrappings, 34 or disposable plastic bags used by consumers to carry products 35 from retail establishments. The updated report mustanalysis36shallinclude input from state and local government agencies, 37 stakeholders, private businesses, and citizens,and mustshall38 evaluate the efficacy and necessity of both statewide and local 39 regulation of these materials. To ensure consistent and 40 effective implementation, the department shall submit the 41 updatedareport with conclusions and recommendations to the 42 Legislature no later than December 31, 2021February 1, 2010. 43 Until such time that the Legislature adopts the recommendations 44 of the department, anolocal government, local governmental 45 agency, or state governmentalgovernmentagency may not enact 46 any rule, regulation, or ordinance regarding use, disposition, 47 sale, prohibition, restriction, or tax of such auxiliary 48 containers, wrappings, or disposable plastic bags. 49 Section 2. Paragraph (c) of subsection (3) of section 50 403.70605, Florida Statutes, is amended to read: 51 403.70605 Solid waste collection services in competition 52 with private companies.— 53 (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.— 54 (c) Following the final public hearing held under paragraph 55 (b), but not later than 1 year after the hearing, the local 56 government may proceed to take those measures necessary to 57 provide the service. TheAlocal government shall provide 3 58 years’ notice to theaprivate company before it engages in the 59 actual provision of the service that displaces the company. At 60 the end of the 3-year notice periodAs an alternative to61delaying displacement 3 years, thealocal government shallmay62 pay theadisplaced company an amount equal to the company’s 63 preceding 1815months’ gross receipts for the displaced service 64 in the displacement area. The 3-year notice period shall lapse 65 as to any private company being displaced when the company 66 ceases to provide service within the displacement area.Nothing67inThis paragraph does not prohibitprohibitsthe local 68 government and the company from voluntarily negotiating a 69 different notice period or amount of compensation. 70 Section 3. This act does not apply to any displacement as 71 defined in s. 403.70605(3)(a), Florida Statutes, if the local 72 government provided 3 years’ notice to the displaced private 73 company or companies on or before December 31, 2020. 74 Section 4. Present subsections (42) through (47) of section 75 403.703, Florida Statutes, are redesignated as subsections (43) 76 through (48), respectively, and a new subsection (42) is added 77 to that section, to read: 78 403.703 Definitions.—As used in this part, the term: 79 (42)(a) “Storm-generated yard trash” means vegetative 80 matter that: 81 1. Results from a tropical storm, a hurricane, a tornado, 82 or any other significant weather event and is located or placed 83 within a federally designated disaster area on public property 84 or a public right-of-way; 85 2. Is eligible for federal reimbursement under 42 U.S.C. s. 86 5121 et seq.; and 87 3. Is placed curbside or on public property or a public 88 right-of-way within the 15-day period after the tropical storm, 89 hurricane, tornado, or other significant weather event that is 90 the subject of the federally declared disaster. 91 (b) The term includes storm-generated debris under s. 92 403.7071. 93 Section 5. Subsection (7) is added to section 403.7071, 94 Florida Statutes, and subsection (6) of that section is 95 reenacted, to read: 96 403.7071 Management of storm-generated debris.—Solid waste 97 generated as a result of a storm event that is the subject of an 98 emergency order issued by the department may be managed as 99 follows: 100 (6) Local governments or their agents may conduct the 101 burning of storm-generated yard trash, other storm-generated 102 vegetative debris, or untreated wood from construction and 103 demolition debris in air-curtain incinerators without prior 104 notice to the department. Within 10 days after commencing such 105 burning, the local government shall notify the department in 106 writing describing the general nature of the materials burned; 107 the location and method of burning; and the name, address, and 108 telephone number of the representative of the local government 109 to contact concerning the work. The operator of the air-curtain 110 incinerator is subject to any requirement of the Florida Forest 111 Service or of any other agency concerning authorization to 112 conduct open burning. Any person conducting open burning of 113 vegetative debris is also subject to such requirements. 114 (7) Unless otherwise specified in a contract or franchise 115 agreement between a local government and a private solid waste 116 or debris management service provider, a private solid waste or 117 debris management service provider is not required to collect 118 storm-generated yard trash. 119 Section 6. This act shall take effect July 1, 2021.