Legislative Updates

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Posted 1/28/19

General Bill by Stewart Preemption of Recyclable and Polystyrene Materials: Deleting preemptions of local law relating to the regulation of auxiliary containers, wrappings, or disposable plastic bags; repealing the preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture and Consumer Services, etc. Effective Date: 07/01/2019

Last Event: 12/13/18 S Referred to Community Affairs; Environment and Natural Resources; Rules on Thursday, December 13, 2018 9:26 AM

Posted 1/2/19

The 2018 Farm Bill also includes several new provisions that address food waste, promote knowledge about biodigester technologies, and which look at establishing a task force who’s role will be to identify biogas opportunities. The provisions are outlined in more detail below.

2018 Farm Bill Promotes Reducing Food Waste
Several funding opportunities exist under the Bill to promote the recycling of food waste in order to prevent food waste from being discarded onto landfills, including:

1.     Increasing Community Composting and Reducing Food Waste — US$ 25 million has been allocated annually for the next five years to develop an effective plan and strategy to reduce food waste through municipal composting in 10 or more states. The aim is to produce compost; provide agricultural producers with ready access to compost in order to improve crop production; reduce farmer’s dependence on, and use of chemical fertilizers; improve the quality of soils; promote waste management and the development of permaculture business enterprises; increase water retention in soils; and ultimately reduce the volume of food waste that ends up on municipal landfills.
2.     Local Agriculture Market Program — this program has grants of up to US$ 500,000 available to help establish new business opportunities or to promote marketing strategies that will reduce food waste on farms.
3.     Office of Urban Agriculture and Innovative Production —  the bill has established a grant program “to encourage and promote urban, indoor, and other emerging agricultural production practices,” which should give sustainable urban crop production methods such as aquaponics and hydroponics a boost.
4.     Food Loss and Waste Reduction Liaison — The new Bill directs the US Department of Agriculture (USDA) to establish liaison who will serve as an intermediary promoting interagency collaboration. The USDA will also conduct a food waste study looking at methodologies used to measure food waste, factors that contribute to food waste, financial costs associated with food waste, the effectiveness of current liability protection for food donors, as well as other relevant issues.

Interagency Biogas Opportunities Task Force

The Bill also establishes an Interagency Biogas Opportunities Task Force who will be responsible for coordinating policies and overseeing programs to promote biogas research and investment in the biogas industry.

Carbon Utilization and Biogas Education Program

Furthermore, the Bill also establishes the Carbon Utilization and Biogas Education Program, which earmarks US$ 1 million annually over the next five years (from 2019 to 2023) to educate agricultural growers and other stakeholders about opportunities for collecting organic waste from various sources for processing in a single biodigester.

Posted 8/14/18

The EPA has released the2019 draft fuel targets for the Renewable Fuel Standard and they are accepting industry comments until the end of the week. You should submit comments if your business is, in any way, impacted by the RFS. This is an important annual exercise as it’s EPA’s chance to check in with those of us in the industry to see what we think about the plans for the RFS for next year.

Posted 7/27/18

Last week Senator Jim Inhofe (R-OK), introduced the Light Duty Natural Gas Vehicle Parity Act of 2018. The legislation ensures that EPA provides light-duty natural gas vehicles (NGVs) with vastly similar incentives as those provided to encourage automaker support of electric vehicles (EVs). The Act is intended to direct EPA to invite a portfolio of solutions that includes NGVs to maximize the 2012 rulemaking objectives of reduced pollution and petroleum use, and achieve the broader benefits of job creation, economic growth, trade deficit reduction, and energy independence – all while protecting automakers and offering consumers a lower and more stable priced fuel. 

Posted 3/22/18

CRC Session – Week 1

Posted 2/23/18

CS/CS/SB 1308: Environmental Regulation

GENERAL BILL by Community Affairs ; Environmental Preservation and Conservation ; PerryEnvironmental Regulation; Revising the required provisions of the water resource implementation rule; requiring the Department of Environmental Protection and the water management districts to develop and enter into a memorandum of agreement providing for a coordinated review of any reclaimed water project requiring a reclaimed water facility permit, an underground injection control permit, and a consumptive use permit; requiring counties and municipalities to address contamination of recyclable material in specified contracts; prohibiting counties and municipalities from requiring the collection or transport of contaminated recyclable material by residential recycling collectors except under certain conditions, etc.

UPDATE (3.12.18) – SB 1308 was read a second time and substituted for HB 1149, which the Senate passed (27-0) and the House filed enrolled text, on Friday, March 9th.  The bill must be signed by the Legislative Officers before it is presented to the Governor.

SB 1326: Management of Storm-generated Debris and Solid Waste


Management of Storm-generated Debris and Solid Waste; Revising the definition of “recovered materials” to include certain wood, asphalt, and concrete materials; requiring local governments to suspend exclusive contracts for the collection, hauling, staging, or disposal of storm-generated debris and solid waste under certain conditions; prohibiting local governments from entering into and extending such contracts after a specified date, etc.

SB 1856: Beverage Container Deposits


Beverage Container Deposits; Citing this act as the “Florida Beverage Container Deposit Act”; establishing a refund value for specified beverage containers; requiring consumers and dealers to pay a deposit fee for specified beverage containers, etc.

General Bill by Natural Resources & Public Lands Subcommittee and Payne
Environmental Regulation: Provides examples of reclaimed water use that may create impact offset; revises required provisions of water resource implementation rule; requires DEP & water management districts to develop & enter into certain memorandum of agreement; requires counties & municipalities to address contamination of recyclable material in specified contracts; prohibits counties & municipalities from requiring certain collection & transport of contaminated recyclable material; requires specified provisions in contracts between residential recycling collectors & materials recovery facilities & counties & municipalities; provides that local government may not require further verification from department for certain projects; revises types of dock & pier replacements & repairs that are exempt from such verification & certain permitting requirements.
Effective Date: upon becoming a law
Last Event: Added to Government Accountability Committee agenda on Tuesday, February 20, 2018 4:24 PM
General Bill by Ways & Means Committee and Renner
Taxation: Provides an exemption from excise tax on certain documents notes & mortgages related to housing financing authority; provides sales tax exemptions for specified products destroyed or reduced in value as a result of hurricanes; authorizes ad valorem tax exemptions under specified situations; provides documentary stamp tax exemption for certain transfers of homestead property between spouses; reduces tax levied on specified fees charged for use of real property; revises total amount of community contribution tax credits for projects related to housing opportunities; modifies calculation of dealer’s collection allowance; revises provisions regarding adjusted taxable income for corporate income tax purposes; increases total amount of contaminated site rehabilitation tax credits; requires specified reduction of civil penalties; increases tax credits for rehabilitation of drycleaning-solvent-contaminated sites & brownfield sites; extends carry forward period for unused tax credits; provides an appropriation.
Effective Date: July 1, 2018
Last Event: PCS added to Appropriations Committee agenda on Tuesday, February 20, 2018 4:21 PM

Posted 2/5/18

SB 1368/HB 971 – Section 180.06, Florida Statutes, Interruption of Services revised to include garbage pickup services prohibiting a municipality or private company from charging for garbage pick-up services that are not rendered within a specified period.

SB 1308/HB 1149 – Section 403.706, Florida Statutes, Local government solid waste responsibilities revised to address contamination of recyclable materials in contracts for the collection, transportation, and processing of residential recyclable material.

SB 1326/HB 879 Management of Storm-generated Debris and Solid Waste – Revises definition of “recovered materials” to include certain wood, asphalt, & concrete materials; requires local governments to suspend exclusive contracts for collection, hauling, staging, or disposal of storm-generated debris & solid waste under certain conditions; prohibits local governments from entering into & extending such contracts after specified date.

SB 348 Disposable Plastic Bags – Defining the term “coastal community”; authorizing certain municipalities to establish pilot programs to regulate or ban disposable plastic bags; directing participating municipalities to collect data and submit reports to the municipal governing bodies and the Department of Environmental Protection, etc…

Posted 4/25/17

Pre-Hearing Submittal for Florida’s Proposed 111(d) State Plan for Municipal Solid Waste (MSW) Landfills
On April 7, 2017, and pursuant to 40 C.F.R. 60.23, the Department of Environmental Protection (Department) announced the opportunity to offer comments and participate in a public hearing, if requested, on the proposed submission of Florida’s State Plan for Municipal Solid Waste (MSW) Landfills to the U.S. Environmental Protection Agency (EPA) under the Clean Air Act. The Department is proposing to submit this State Plan so that Florida may enforce the Emission Guidelines promulgated by EPA on August 29, 2016, which set emissions limitations for MSW Landfills that commenced construction or modification on or before July 17, 2014. The proposed State Plan adopts the model rules contained in 40 C.F.R. Part 60, Subpart Cf, and contains information on the facilities subject to regulation under this subpart. Once EPA approves Florida’s State Plan, the Department will be the agency tasked with ensuring that MSW Landfills subject to 40 C.F.R. Part 60, Subpart Cf, comply with the applicable emissions limitations.

Looks like the hearing, should it occur, is scheduled for May 10, 2017, 10:00 a.m.

In simpler terms, The DEP has opened up a comment period related to their request to EPA to approve their rules and primacy of enforcement/regulation related to the State Plan required under EPA’s recent rulemaking under 40 CFR Part 60, Subpart Cf.  If no requests for a hearing are received, the hearing will be cancelled. 

Posted 3/13/17

House Bill 789 Procurement of Professional Services

This bill relates to the procurement of professional services and, among other things, allows for compensation to be considered as up to 50% of the weight of total evaluation criteria for professional services.

Posted 3/2/17

Senate Bill 1288
This proposed bill modifies 403.703 F.S. and would add certain materials (organic materials, wood, asphalt and concrete) to the list of “recovered materials”.  The bill adds a definition of “organic materials” and cleans up references to within the statute due to numbering changes. 

Note:  As it relates to municipal services, “recovered materials” are materials that are not permitted to be restricted by government regulations under 403.7046(3).