HB 73 – Relating to Environmental Regulation

On Wednesday, February 26, HB 73 by Representative Toby Overdorf (R-Stuart) was read a third time on the Senate floor and passed with 40 yeas and 0 nays.

Current state law requires each county to implement a recyclable materials recycling program within its boundaries and encourages counties to work with municipalities for this purpose. Recyclable materials can become contaminated when residents place materials that are not recyclable into curbside recycling bins. While facilities are equipped to handle some non-recyclable materials, excessive contamination can undermine the recycling process and result in increased costs due to equipment downtime, repair, or replacement needs. In addition to the increased recycling processing costs, contamination also results in poorer quality recyclables, increased rejection, and landfilling of unusable materials. Counties and municipalities may contract with private companies to operate their recycling programs, but current law does not require the contracts to address the contamination of recyclable materials.

The bill requires counties and municipalities to address nonhazardous contamination of recyclable materials in contracts with residential recycling collectors and recovered materials processing facilities. Contracts executed or renewed after October 1, 2020, must:

• Define the term “contaminated recyclable material” in a manner that is appropriate for the local community;
• Include strategies and obligations to reduce the amount of contaminated recyclable materials being collected or processed;
• Create procedures for identifying, documenting, managing, and rejecting contaminated recyclable materials;
• Authorize remedies in handling contaminated containers; and
• Provide education and enforcement measures for collection contracts.

Additionally, state law allows water management districts and the Department of Environmental Protection (DEP) to require an environmental resource permit (ERP) and impose reasonable conditions to ensure certain construction activities comply with the law and will not harm water resources. Some projects can be exempted from ERP permitting if they meet specific statutory restrictions, and local governments may require an applicant get verification from DEP that an activity qualifies for an ERP exception. For example, an ERP exception currently exists for the replacement or repair of a dock or pier if the replacement or repaired dock or pier is in the same location and under specific conditions. The exception allows minor deviations to upgrade the dock or pier to current structural and design standards.

The bill prohibits local governments from requiring further verification from DEP that a construction activity meets an ERP exception. In addition, the bill revises the ERP exception for docks and piers to allow for the repair or replacement if it is within five feet of the same location and no larger than the existing dock or pier and no additional aquatic resources are adversely and permanently impacted.

HB 73 will now go to the Governor for consideration.

AIF supports efforts to streamline recycling systems and scale back onerous permits thus creating a more efficient and productive business climate in Florida.