Bill Summary – FastDemocracy

The Florida Senate
                     BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                 (This document is based on the provisions contained in the legislation as of the latest date listed below.)
              Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
 BILL:             SB 36
 INTRODUCER:       Senator Stewart
 SUBJECT:          Comprehensive Waste Reduction and Recycling Plan
 DATE:             December 5, 2023                REVISED:
            ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Barriero                            Rogers                                EN              Favorable
2.                                                                          AEG
3.                                                                           FP
     I.    Summary:
           SB 36 directs the Department of Environmental Protection (DEP) to develop a comprehensive
           waste reduction and recycling plan by July 1, 2025, and convene a technical assistance group
           within DEP to help develop the plan. The bill provides minimum criteria for the plan and directs
           DEP to provide a report to the President of the Senate and the Speaker of the House of
           Representatives upon its completion.
     II.   Present Situation:
           Florida’s Recycling Goal
           In 2008, the Legislature set a statewide goal to recycle at least 75 percent of municipal solid
           waste (MSW) by 2020.1 The goal includes only MSW2 and is measured by weight.3 The Florida
           Department of Environmental Protection (DEP) established numerous programs and initiatives to
           reach the 75 percent recycling goal.4 In 2010, the Legislature amended s. 403.706, F.S., to
           require counties to implement local recycling programs with the following interim goals: a goal
           of recycling 40 percent of recyclable solid waste by December 31, 2012; 50 percent by
           December 31, 2014; 60 percent by December 31, 2016; 70 percent by December 31, 2018; and
           75 percent by December 31, 2020.5 While Florida achieved the interim goals for 2012 and 2014,
 1
   Section 403.7032, F.S.
 2
   MSW is any solid waste, except for sludge, resulting from the operation of residential, commercial, governmental, or
 institutional establishments that would normally be collected, processed, and disposed of through a public or private solid
 waste management service. Section 403.706(5), F.S. MSW also includes yard trash but does not include solid waste from
 industrial, mining, or agricultural operations. Id.
 3
   Department of Environmental Protection (DEP), Florida and the 2020 75% Recycling Goal: Final Report, 3, 8 (2020),
 available at https://floridadep.gov/waste/permitting-compliance-assistance/documents/75-recycling-goal-final-report.
 4
   DEP, Recycling, http://www.dep.state.fl.us/waste/categories/recycling/default.htm (last visited Dec. 5, 2023).
 5
   Section 403.706(2)(a), F.S. These are interim goals to help Florida reach the goal of recycling at least 75 percent of
 municipal solid waste by 2020; Ch. 2010-143, s. 7, Laws of Fla.; see also s. 403.7032(2), F.S.
BILL:   SB 36                                                                                                             Page 2
         the state’s recycling rate for 2016 was 56 percent, falling short of the 60 percent goal.6 Between
         2016 and 2020, Florida’s statewide recycling rate continued to decline, with a rate of 52 percent
         in 2019 and 50 percent in 2020.7 Only three of Florida’s 36 large counties—Charlotte, Lee, and
         Pinellas—successfully met the 75 percent recycling goal by 2020.8 However, there is evidence
         that recycling rates are rebounding: the single-family recycling participation rate increased 4
         percent from 2020 to 2022.9 Commercial recycling participation rates also showed a slight
         increase (approximately 1 percent) during the same timeframe.10
         Local Government Solid Waste and Recycling Responsibilities
         Each Florida county has the authority and responsibility to provide for the operation of solid
         waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the
         county.11 Counties may charge reasonable fees for the handling and disposal of solid waste at
         their facilities.12 Municipalities are responsible for collecting and transporting solid waste from
         their jurisdictions to a solid waste disposal facility operated by a county or county contractor.13
         Local governments are also authorized to provide for the collection of recyclable materials.14 A
         market must exist for the recyclable materials, and the local government must specifically intend
         for them to be recycled.15
         As discussed above, counties are required to implement recycling programs that include the
         statutory interim goals established in s. 403.706(2)(a), F.S.16 These programs must be designed
         to recover a significant portion of at least four of the following materials from the solid waste
         stream prior to final disposal at a solid waste disposal facility and to offer these materials for
         recycling:
          Newspapers;
6
  DEP, Florida and the 2020 75% Recycling Goal: Final Report at 2, available at https://floridadep.gov/waste/permitting-
compliance-assistance/documents/75-recycling-goal-final-report.
7
  DEP, Florida and the 2020 75% Recycling Goal: Final Report at 6. Notably, prior to the implementation of the 75 percent
recycling goal, Florida’s recycling rate, which was calculated based on recycling traditional materials, was 30 percent. Id. If
the same methodology was applied to 2020, the recycling rate would be only 25 percent. Id.
8
  Id. at 9. “Large counties” are those with a population of over 100,000. Id.
9
  DEP, 2022 Single-Family Participation in Recycling (2023), available at
https://floridadep.gov/sites/default/files/2022_Single_Family_Participation.pdf; DEP, 2021 Single-Family Participation in
Recycling (2022), available at
https://floridadep.gov/sites/default/files/2021%20Single%20Family%20Recycling%20Participation%20in%20Florida.pdf;
DEP, 2020 Single-Family Participation in Recycling (2021), available at
https://floridadep.gov/sites/default/files/2020%20Single-Family%20Participation%20in%20Recycling.pdf.
10
   DEP, 2022 Commercial Participation in Recycling (2023), available at
https://floridadep.gov/sites/default/files/2022_Commercial_Participation.pdf; DEP, 2021 Commercial Participation in
Recycling (2022), available at
https://floridadep.gov/sites/default/files/2021%20Commercial%20Recycling%20Participation%20in%20Florida.pdf; DEP,
2020 Commercial Participation in Recycling (2021), available at
https://floridadep.gov/sites/default/files/2020%20Commercial%20Participation%20in%20Recycling.pdf.
11
   Section 403.706(1), F.S. Municipalities are also authorized to construct and operate solid waste disposal facilities if certain
statutory requirements are met. Fla. Admin. Code Ch. 62-701.
12
   Id.
13
   Id.
14
   Section 403.706(21), F.S.
15
   Id.
16
   Section 403.706(2)(a), F.S.
BILL:   SB 36                                                                                                          Page 3
            Aluminum cans;
            Steel cans;
            Glass;
            Plastic bottles;
            Cardboard;
            Office paper; and
            Yard trash.17
         In addition, each county must ensure, to the maximum extent possible, that municipalities within
         its boundaries participate in the preparation and implementation of recycling and solid waste
         management programs through interlocal agreements or other means provided by law.18 Counties
         and municipalities are encouraged to form cooperative arrangements for implementing recycling
         programs,19 and must enter into negotiations with a franchisee who is operating to exclusively
         collect solid waste within a specified service area for a county or municipality.20
         Certain activities are eligible for special credit towards achieving a county’s recycling goals,
         including the use of solid waste as fuel in a renewable energy facility, the innovative use of yard
         trash or other clean wood waste or paper waste, and providing opportunities to recycle in
         counties with smaller populations.21 To assess progress, counties must provide information on
         their solid waste management programs and recycling activities to DEP by April 1 of each
         year.22
         DEP may reduce or modify a county’s recycling goal if the county demonstrates that:
          The achievement of the goal would have an adverse effect on the financial obligations of the
           county that are directly related to the county’s waste-to-energy facility; and
          The county cannot remove normally combustible materials from solid waste that is to be
           processed at a waste-to-energy facility because of the need to maintain a sufficient amount of
           solid waste to ensure the financial viability of the facility.23
         However, the goal may only be reduced or modified to the extent necessary to alleviate the
         adverse effects on the financial viability of a county’s waste-to-energy facility.24
         Local governments can require all residential properties, multifamily dwellings, apartment
         complexes, and industrial, commercial, and institutional establishments to create programs for
         the separation of recyclable materials designated by the local government.25 Local governments
17
   Section 403.706(2)(f), F.S.
18
   Section 403.706(3), F.S.
19
   Section 403.706(2)(a), F.S.
20
   Section 403.706(9), F.S.
21
   Section 403.706(4), F.S.
22
   Section 403.706(7), F.S.; Fla. Admin. Code R. 62-716.450.
23
   Section 403.706(6), F.S.
24
   Id.
25
   Section 403.706(21), F.S. Such ordinances may include, but are not limited to, prohibiting any person from knowingly
disposing of recyclable materials and ensuring the collection of recovered materials as necessary to protect public health and
safety. Id.
BILL:   SB 36                                                                                                            Page 4
         can also require a commercial establishment to source-separate the recovered materials generated
         on the premises.26 However, a local government may not:
          Require a commercial establishment that generates source-separated recovered materials to
             sell its recovered materials to the local government or to a facility designated by the local
             government;
          Restrict such a generator’s right to sell such recovered materials to any properly certified
             recovered materials dealer who has satisfied the statutory requirements; or
          Enact any ordinance that prevents such a dealer from entering into a contract with a
             commercial establishment to purchase, collect, transport, process, or receive source-separated
             recovered materials.27
         DEP’s Recycling Report
         DEP was required to submit a report to the President of the Senate and the Speaker of the House
         of Representatives in years when the interim recycling goals established in s. 403.706(2)(a), F.S.,
         were not met.28 These reports had to identify additional programs or statutory changes needed to
         achieve the recycling goals.29 In 2020, DEP released its final report titled “Florida and the 2020
         75% Recycling Goal.”30 The report explains that in 2020 alone, the amount of MSW generated
         in Florida was equivalent to over two tons per resident—approximately twice the national
         average.31 However, there is no universal methodology for measuring progress toward recycling
         goals, making it difficult to compare states’ recycling rates. Moreover, Florida’s MSW
         calculations do not account for tourists—while calculations by the U.S. Environmental
         Protection Agency and other states do—thereby inflating the amount of MSW generated “per
         resident.”32
         In its final report, DEP recommends convening a technical assistance group (TAG) to develop a
         comprehensive waste reduction and recycling plan for Florida. The TAG, if convened, would
         include the Florida Recycling Workgroup, local governments, and other interested parties, and
         the comprehensive plan would implement stakeholder recommendations by:
          Identifying a set of recycling goals that use sustainable materials management33 and waste
              diversion34 concepts;
26
   Section 403.7046(2)(a), F.S.
27
   Section 403.7046(2), F.S.
28
   Section 403.706(2)(e), F.S.; see s. 403.705(3), F.S. DEP must evaluate and report biennially to the President of the Senate
and the Speaker of the House on the state’s success in meeting the solid waste recycling goal in s. 403.706(2), F.S.
29
   Section 403.706(2)(e), F.S.
30
   DEP, Florida and the 2020 75% Recycling Goal: Final Report at 2, available at https://floridadep.gov/waste/permitting-
compliance-assistance/documents/75-recycling-goal-final-report.
31
   Id. at 8.
32
   Id.
33
   Sustainable materials management is a term for alternative approaches to recycling that recognize the differences among
waste components with respect to environmental and resource outcomes. Sustainable materials management focuses on using
and reusing materials more productively over their life cycles. Id. at 4.
34
   Waste diversion is the process of diverting waste from landfills; it is the amount of material that is reduced, reused, and/or
recycled per capita and can be measured by the amount of waste not being disposed of in landfills. Waste diversion reduces
disposal costs and the burden on landfills. United States Environmental Protection Agency (EPA), Waste Diversion at EPA,
https://www.epa.gov/greeningepa/waste-diversion-epa (last visited Oct. 25, 2023); DEP, Florida and the 2020 75%
Recycling Goal: Final Report at 4.
BILL:   SB 36                                                                                                              Page 5
             Developing objectives and proposing a three-year plan to develop a recycling market,
              education and outreach, and local government assistance; and
             Proposing statutory language to implement the revised recycling goals and strategies.35
         DEP’s final report also provides recommendations from the Florida Recycling Workgroup and a
         group of local governments, including:
          Replacing the current 75 percent weight-based goal with a goal or set of goals that are better
            indicators of program performance and desired environmental and economic outcomes;36
          Using sustainable materials management to prioritize which materials to recycle based on
            environmental metrics and market availability and setting recycling goals for these specific
            materials; and
          Focusing on three strategies: education and outreach, funding and incentives to support local
            government recycling efforts, and developing recycling markets.37
         Recycling Education and Outreach
         Education on the types of recycling services available, how materials are collected, and which
         materials are accepted is important for a successful recycling program. Because recycling
         programs within the state vary significantly, education should be tailored to local recycling
         programs.38
         Currently, DEP operates several education programs, including:
          The Florida Food Waste Prevention Week, which focuses on engagement with local
            municipalities, universities, national food recovery networks, and the hospitality industry to
            raise awareness about food waste;
          Phase Three of the Rethink.Reset.Recycle. Program, which focuses on providing counties
            and municipalities with a variety of customized digital products illustrating correct
            preparation of recyclables prior to disposing of them; and
          The Recycling Recognition Program, which encourages private businesses, institutions,
            schools, organizations, and the public to increase recycling by setting recycling goals. 39
         DEP’s final report explains that the TAG, if convened, would propose an education and outreach
         approach that evaluates statewide solutions but is customized for local needs, including a
         possible application for mobile devices that provides recycling information based on location.
         Local Government Assistance
         In 1988, the Solid Waste Management Act required counties to initiate recycling programs to
         address the growing costs and environmental problems associated with solid waste disposal in
         the state. To aid counties in setting up recycling programs, the Legislature established the
         Recycling and Education Grant Program. Under the program, counties received funds for initial
35
   DEP, Florida and the 2020 75% Recycling Goal: Final Report at 4, available at https://floridadep.gov/waste/permitting-
compliance-assistance/documents/75-recycling-goal-final-report.
36
   Id. at 4. There is a consensus in Florida’s recycling industry (as well as other states and at the federal level) that using a
weight-based goal does not result in efficient or effective recycling. Id. at 6.
37
   Id. at 4.
38
   DEP, Florida and the 2020 75% Recycling Goal: Final Report at 4.
39
   Id. at 20-21.
BILL:   SB 36                                                                                                       Page 6
         capital costs, operations, recycling education, market development, and special projects. The
         program sunset in 2001.
         In its final report, DEP recommends that the TAG evaluate the benefits and problems of the now
         defunct Recycling and Education Grant Program, make a recommendation to r