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Bill Summary Details

Environmental Regulation (Watch)

CS/SB 326 (Perry) and CS/HB 73 (Overdorf) would require that contracts between local governments and vendors for the collection, transport and processing of residential recycling materials must include terms and conditions to define and reduce levels of contamination. Specifically, the bills provide that a recyclable materials collector or facility is not required to collect, transport or process “contaminated recyclable material,” as defined in the appropriate contract. Each contract is required to define “contaminated recyclable material.” The bills specify that contracts should define the term in a manner that is appropriate for the local community, based on available markets and other relevant factors. Contracts must include provisions for identifying and documenting contamination, as well as the respective obligations of the parties regarding education and enforcement, but specific terms are left to the discretion of the contracting parties. The new requirements would apply to new contracts and contracts extended after October 1, 2020. In addition, the bills clarify an exemption in current law from state environmental permitting requirements for various projects by specifying that local governments may not require a person to provide additional verification from the Department of Environmental Protection of entitlement to such an exemption. Also, the bills modify an existing state permit exemption for the replacement and repair of existing docks and piers, by specifying the replacement or repair must be “within 5 feet of the same location and no larger in size," and that no additional aquatic resources may be adversely impacted. (O’Hara)