Bill Text: FL S1030 | 2023 | Regular Session | Comm Sub


Bill Title: Recycling of Covered Electronic Devices

Spectrum:

Status: (Failed) 2023-05-05 - Died in Appropriations Committee on Agriculture, Environment, and General Government [S1030 Detail]

Download: Florida-2023-S1030-Comm_Sub.html
       Florida Senate - 2023                             CS for SB 1030
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Trumbull
       
       
       
       
       592-02543-23                                          20231030c1
    1                        A bill to be entitled                      
    2         An act relating to the recycling of covered electronic
    3         devices; creating s. 403.71853, F.S.; defining terms;
    4         establishing the statewide Covered Electronic Device
    5         Recovery Program within the Department of
    6         Environmental Protection; authorizing the department
    7         to use specified funds to administer the program;
    8         specifying requirements for a statewide plan for the
    9         recycling of covered electronic devices; requiring
   10         counties to submit a specified plan for the disposal
   11         of covered electronic devices by a specified date;
   12         requiring the owners or operators of certain
   13         facilities to dispose of such facilities’ covered
   14         electronic devices in a permitted reclamation facility
   15         beginning on a specified date; prohibiting any person
   16         from disposing of covered electronic devices except at
   17         a permitted reclamation facility beginning on a
   18         specified date; providing civil penalties; authorizing
   19         such penalties to be waived under certain conditions;
   20         providing applicability; requiring the department to
   21         deposit any funds received pursuant to the program
   22         into the Solid Waste Management Trust Fund to be used
   23         for specified purposes; requiring the department to
   24         adopt rules by a specified date which meet certain
   25         requirements; providing an effective date.
   26  
   27         WHEREAS, it is recognized that China presents the broadest,
   28  most active and persistent cyber espionage threat to the United
   29  States Government and private sector networks, and
   30         WHEREAS, the technology products and services most
   31  vulnerable to malicious foreign exploitation are sold by
   32  companies that the Chinese Government influences through whole
   33  or partial ownership, direct funding, or members placed in high
   34  ranking company positions, and
   35         WHEREAS, it is the intent of the Legislature to incentivize
   36  and provide the necessary infrastructure to recycle electronic
   37  and technology products in the state in order to reduce our
   38  economic reliance on such products made in China, NOW,
   39  THEREFORE,
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 403.71853, Florida Statutes, is created
   44  to read:
   45         403.71853Recycling of covered electronic devices.—
   46         (1)DEFINITIONS.—As used in this section, the term:
   47         (a)“Covered electronic device”:
   48         1.Includes all of the following electronic devices,
   49  whether the device has a cathode-ray tube or flat panel based on
   50  any technology:
   51         a.Computers.
   52         b.Portable computers.
   53         c.Computer monitors.
   54         d.Printers.
   55         e.Fax machines.
   56         f.Scanners.
   57         g.Stereos.
   58         h.DVD players.
   59         i.Radios.
   60         j.Telephones, including mobile phones.
   61         k.Televisions.
   62         l.Small household appliances, including, but not limited
   63  to, coffee pots, toasters, toaster ovens, blenders, and
   64  microwaves.
   65         m.Computer peripherals, including, but not limited to,
   66  mice, keyboards, and speakers.
   67         2.Does not include electronic devices that are:
   68         a.Part of a motor vehicle or any component part of a motor
   69  vehicle assembled by or for a vehicle manufacturer or franchised
   70  dealer, including, but not limited to, replacement parts for use
   71  in a motor vehicle;
   72         b.Functionally or physically a part of a larger piece of
   73  equipment designed and intended for use in an industrial,
   74  commercial, or medical setting, including, but not limited to,
   75  diagnostic, monitoring, or control equipment; or
   76         c.Contained within a clothes washer, clothes dryer,
   77  refrigerator, freezer, refrigerator and freezer, microwave oven,
   78  conventional oven or range, dishwasher, room air conditioner,
   79  dehumidifier, or air purifier.
   80         (b)“Reclamation facility” means a site permitted by the
   81  department where equipment is used to handle, process,
   82  disassemble, dismantle, shred, recapture, or store recoverable
   83  materials. The term includes, but is not limited to, composting
   84  or remediation facilities.
   85         (2)STATEWIDE COVERED ELECTRONIC DEVICE RECOVERY PROGRAM.
   86  The statewide Covered Electronic Device Recovery Program is
   87  established within the Department of Environmental Protection.
   88  The department may use funds from the Solid Waste Management
   89  Trust Fund to administer the program. The purpose of the program
   90  is to create a statewide plan for the recycling of covered
   91  electronic devices. In creating the statewide plan, the
   92  department must consider all of the following:
   93         (a)Existing collection and consolidation infrastructure
   94  for collecting covered electronic devices.
   95         (b)Convenience standards for each county or solid waste
   96  authority serving one or more counties.
   97         (c)County population statistics and data of residents.
   98         (d)Administrative costs and other authorized expenses
   99  necessary to prevent the disposal of covered electric devices in
  100  landfills.
  101         (3)COMPLIANCE TIMELINE.—
  102         (a)By January 1, 2025, each county must submit a plan to
  103  the department for ensuring the county will appropriately
  104  dispose of covered electronic devices at a permitted reclamation
  105  facility.
  106         (b)Effective January 1, 2026, any person who owns or
  107  operates an industrial, institutional, or commercial facility in
  108  this state shall dispose of that facility’s covered electronic
  109  devices in a permitted reclamation facility.
  110         (c)Effective January 1, 2028, it is unlawful for any
  111  person to dispose of covered electronic devices in this state
  112  except at a permitted reclamation facility.
  113         (4)CIVIL PENALTY.—A person who engages in an unlawful act
  114  as provided in this section or who violates the rules of the
  115  department adopted pursuant to this section is liable for
  116  damages and subject to civil penalties under s. 403.141. The
  117  penalty may be waived if the person has previously taken
  118  appropriate corrective action to remedy the actual damages, if
  119  any, caused by the unlawful act or rule violation. Section
  120  403.161 does not apply to this section.
  121         (5)PROGRAM FUNDS.—The department shall deposit any funds
  122  received pursuant to this section into the Solid Waste
  123  Management Trust Fund and shall account for such funds
  124  separately within the fund. The funds may be used upon
  125  appropriation to provide grants to local governments and other
  126  public and private entities to develop and operate regional
  127  covered electronic device recycling programs and for
  128  administrative costs and other authorized expenses necessary to
  129  carry out the responsibilities of this section.
  130         (6)RULES.—By July 1, 2024, the department shall adopt
  131  rules to carry out this section. Such rules must include all of
  132  the following:
  133         (a)Criteria and procedures for obtaining a reclamation
  134  facility permit.
  135         (b)Standards for reclamation facilities and associated
  136  collection centers and standards for the storage of covered
  137  electronic devices.
  138         (c)Requirements for the collection of data on the amounts
  139  of precious metals recovered through the program.
  140         Section 2. This act shall take effect July 1, 2023.

feedback