TITLE
ORDINANCE CREATING THE MIAMI-DADE COUNTY SOLID WASTE ADVISORY BOARD; CREATING ARTICLE CLXXII OF CHAPTER 2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING PURPOSE, COMPOSITION, AND DUTIES OF THE ADVISORY BOARD AND OTHER RELATED MATTERS; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, Miami-Dade County (the �County�) produces over 5 million tons of waste annually; and
WHEREAS, the Miami-Dade County Department of Solid Waste Management (�DSWM� or the �Department�), processes and disposes of approximately 2.4 million tons of solid waste annually, arising from both the solid waste collected by the Department as well as waste from 15 cities with which the County has a long-term disposal contract; and
WHEREAS, DSWM operates three landfills and three Regional Transfer Stations, and operated the Resources Recovery Facility (�RRF�), for waste disposal; and
WHEREAS, the RRF, located in the City of Doral, Florida, began commercial operations in 1982 and was originally sited on 100 acres of land, including the adjacent ash fill; and
WHEREAS, the RRF was the keystone of the County�s solid waste system, operating 24 hours a day, 365 days a year, and resulting in an average annual processing of over 1,000,000 tons of waste produced in the County; and
WHEREAS, on February 12, 2023, a fire occurred at the RRF, and, except for tire shredding, the RRF has remained inoperable since that date; and
WHEREAS, the County has explored and evaluated various site options for a new WTE facility, but to date no site for the WTE facility has been selected and construction of a new WTE facility has not commenced; and
WHEREAS, since the RRF fire the Department has managed and diverted the waste normally processed and disposed at the RRF to County-owned and other contracted landfills outside the County; and
WHEREAS, the loss of the waste reduction capability from the RRF fire has compressed the timeline on which the County�s landfills reach full capacity, with the North Dade and South Dade Landfills projected to reach capacity in 2026 and 2030, respectively; and
WHEREAS, the loss of the waste reduction capability from the RRF fire has also jeopardized the County�s ability to satisfy the solid waste concurrency requirement imposed by the Comprehensive Development Master Plan (�CDMP�), which requires the annual certification of a level of service with at least five year�s disposal capacity as a prerequisite to issue development permits; and
WHEREAS, the concurrency requirements for solid waste are state mandated and cannot be waived due to their importance to public health; and
WHEREAS, the Department�s current short-term solid strategy following the RRF fire is not sustainable in the long term given (i) the cost associated with hauling waste out of the County, (ii) how long the site selection for the WTE facility has taken, and (iii) the rapidly declining disposal capacity of the County�s landfills; and
WHEREAS, the County�s population has grown dramatically since 1982 and the future total waste generated in the County is projected to continue growing; and

WHEREAS, the Board of County Commissioners (the �Board�) desires to develop and establish a comprehensive solid waste management strategy that aligns the County�s current short-term solid waste solutions with a holistic, comprehensive, and long-term waste management solution that is both financially and environmentally sustainable; and
WHEREAS, it is imperative for the Board to convene local and regional experts from a cross-section of disciplines to advise the Board in developing and implementing a comprehensive long-term solid waste management strategy; and
WHEREAS, a Solid Waste Advisory Board will play a critical role in assisting the Board in (a) identifying new technologies and best practices for bringing financial stability to the solid waste system, (b) maintaining reasonable costs for customers, (c) complying with CDMP level of service requirements, (d) creating innovative solid waste disposal solutions, and (e) improving the reuse, recycling, and recovery or materials and organics; and
WHEREAS, the Board is committed to meeting the needs of the County and providing its residents with the world-class waste disposal system they deserve; and
WHEREAS, the Board believes that the creation of a Solid Waste Advisory Board will be a crucial step in developing long-term solutions to establish a better, newer, and more sustainable and cost-efficient solid waste management system,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Article CLXXII of the Code of Miami-Dade County, Florida, is hereby created to read as follows:


CHAPTER 2 - ADMINISTRATION

ARTICLE CLXXII

SOLID WASTE ADVISORY BOARD

Sec. 2-2476. Creation and Purpose.

There is hereby created and established the Miami-Dade County Solid Waste Advisory Board (�Solid Waste Advisory Board�). The purpose of the Solid Waste Advisory Board is to convene a team of experts who will guide Miami-Dade County in identifying, developing, and implementing long-term solutions to its solid waste management challenges. Such assistance shall include, but is not limited to, identifying new technologies and best practices for bringing financial stability to the solid waste management system, maintaining reasonable costs for customers, complying with the level of service requirements in the Comprehensive Development Master Plan, creating innovative solid waste disposal solutions, and improving the reuse, recycling, and diversion of organics.

The goal of the Solid Waste Advisory Board is to create a coordinated planning effort that engages a diverse cross-section of experts to assist the Board of County Commissioners in developing a holistic, comprehensive, and long-term waste management strategy that is both financially and environmentally sustainable in order to provide Miami-Dade County residents with a world-class waste disposal system.

Sec. 2-2477. Composition; membership.

(a) Composition. The Solid Waste Advisory Board shall be comprised of a total of 15 voting members, 13 of which shall be appointed by the Board of County Commissioners, with each member of the County Commission appointing one member of the Board. Additionally, one member shall be appointed by the Miami-Dade County Mayor and one member shall be appointed by the Miami-Dade County League of Cities. Each member of the Solid Waste Advisory Board shall be a permanent resident and duly qualified elector of either Miami-Dade, Broward, or Palm Beach counties, unless the Board of County Commissioners waives the residency requirement by a two-thirds (2/3) vote of its membership, and shall be of an outstanding reputation of integrity, responsibility, and commitment to serving the community. Unless the Board of County Commissioners by two-thirds (2/3) vote of its membership waives the residency requirement, any member of the Solid Waste Advisory Board who ceases to be a resident of Miami-Dade, Broward, or Palm Beach counties during the term of his or her office shall immediately advise the Clerk of the Board of County Commissioners. Upon being advised by the Clerk of such circumstances, the position shall be deemed vacant.
(b) Experience. The members of the Board shall be individuals who have one or more of the following relevant experiences:
(1) An individual who is a banking or financial executive for a firm with a physical presence in Miami-Dade, Broward, or Palm Beach county;
(2) an individual with professional experience in the creation, development, and/or implementation of solid waste management strategies;
(3) an individual with professional experience in finance and/or accounting;
(4) an individual with professional experience in revenue bonds utilized to fund the acquisition and construction of solid waste management facilities or capital improvements;
(5) an individual with professional experience in marketing;
(6) a subject matter expert in the field of landfills, renewable energy, advanced metals recovery, biosolids processing, recovered materials processing, and/or transfer station facilities;
(7) a subject matter expert in the field of recycling, recovery, composting, solid waste collection and disposal, and/or solid waste management;
(8) an individual involved in the Miami-Dade, Broward, or Palm Beach County solid waste management industry;
(9) an individual with professional experience as a member of the Solid Waste Authority of Palm Beach or Broward County; and
(10) an individual with professional experience in environmental compliance and sustainability.
(c) Conflict of Interest. Members of the Solid Waste Advisory Board shall not be an officer or employee of any vendor, supplier, contractor, or service provider of Miami-Dade County.
(d) Compensation. Members of the Solid Waste Advisory Board shall serve without compensation but shall be entitled to reimbursement for parking in a County leased or owned parking facility only when parking to attend a Solid Waste Advisory Board meeting or function or other event related to their membership on the Solid Waste Advisory Board.

(e) Vacancies. Vacancies shall be filled in the same manner by which original members were appointed.

(f) Term. The Miami-Dade Board of County Commissioners may remove members of the Solid Waste Advisory Board by a majority vote, for good cause, if it is determined to be in the best interest of the County or the Solid Waste Advisory Board. In the event the Miami-Dade Board of County Commissioners votes to remove any member of the Solid Waste Advisory Board, the Clerk of the Board shall transmit a memorandum to the Solid Waste Advisory Board member who was removed, with a copy to the Chairperson of the Solid Waste Advisory Board, advising of the removal and setting forth the good cause for such removal. Upon removal, the Board of County Commissioners, the County Mayor, or the League of Cities shall make an appointment to fill the vacancy in the same manner in which the original appointment was made.

(g) Attendance. Attendance requirements for members shall be in accordance with section 2-11.39 of the Code, as may be amended from time to time.

Sec. 2-2478. Organization and procedures at meetings.

(a) Bylaws, Rules, and Regulations. The Solid Waste Advisory Board shall establish, adopt, and amend bylaws, rules, and regulations for its own governance. In the event that the Solid Waste Advisory Board does not adopt rules, or its adopted rules or policies do not address a particular situation, then the applicable provisions of the Board of County Commissioners� Rules of Procedure, as may be amended from time to time, shall apply.

(b) Officers. The members of the Solid Waste Advisory Board shall select, from among its own members, a Chairperson and Vice-Chairperson, and such other additional officers as the Solid Waste Advisory Board deems necessary. The Chairperson shall preside at all meetings at which he or she is present. The Vice-Chairperson shall act as Chairperson in the absence of the Chairperson. In the event the Chairperson or Vice-Chairperson are absent from a meeting, the members of the Solid Waste Advisory Board shall vote on a member to serve as the presiding officer at any such meeting.

(c) Committees. The Solid Waste Advisory Board may create committees and subcommittees to accomplish its tasks, including but not limited to a Planning Committee, and other ad hoc committees.

(d) Staff Support. The County Mayor or County Mayor�s designee shall provide adequate staff and support services to the Solid Waste Advisory Board as may be required by the Board. The Office of the County Attorney shall provide legal counsel to the Solid Waste Advisory Board. The County Mayor or County Mayor�s designee shall provide adequate staff support to: (1) ensure the Solid Waste Advisory Board�s membership is current; (2) maintain and keep records of the Solid Waste Advisory Board, including its reports and recommendations; (3) take minutes; and (4) make minutes available on the Miami-Dade County website. The Solid Waste Advisory Board may be assisted by any experts selected by the Board, including any representative from Miami-Dade County Department of Solid Waste Management (�Department� or �DSWM�) or such other designee of the County Mayor with expertise in solid waste management.

(e) Quorum. A quorum shall be required to transact any business or exercise any power vested in the Solid Waste Advisory Board. A quorum shall consist of a majority of the duly appointed members.

(f) Meetings. The Solid Waste Advisory Board shall hold regular meetings as it deems necessary. Meetings may be called by the Chairperson or by a written request of the majority of those persons duly appointed to the Solid Waste Advisory Board.
Sec. 2-2479. Duties and powers.

The Solid Waste Advisory Board shall have the power, duty, and responsibility of advising the Board of County Commissioners and serve as its advisory body in all solid waste matters, including but not limited to the development of an economical and environmentally conscious comprehensive long-term solid waste management strategies and solutions for solving the solid waste management challenges impacting Miami-Dade County, budget recommendations to DSWM, proposals related to DSWM, and other related items, and providing recommendations to the Department and the Board of County Commissioners.

Sec. 2-2480. Applicability of State and County laws, rules, and procedures.

(a) All proceedings of the Solid Waste Advisory Board shall be conducted in accordance with Florida�s open government laws, including but not limited to, the Government in the Sunshine Law and the Citizens� Bill of Rights of the Miami-Dade County Home Rule Charter.

(b) The Solid Waste Advisory Board shall be deemed an �agency� for the purposes of the State�s public records laws and shall be governed by all State and County conflict of interest laws, as applicable, including the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance, section 2-11.1 of this Code, as may be amended from time to time.

(c) The Solid Waste Advisory Board shall provide members of the public with a reasonable opportunity to be heard on any proposition before the Board, which shall be consistent with section 286.0114, Florida Statutes. Accordingly, Rule 6.06 of the Miami-Dade Board of County Commissioners� Rules of Procedure is incorporated herein.

Sec. 2-2481. Reports.
The Chairperson or Vice-Chairperson of the Solid Waste Advisory Board may request to present to the Board of County Commissioners on an annual basis a written report describing the Solid Waste Advisory Board�s recommendations and activities and shall appear as needed before the Board of County Commissioners to present on matters pertinent to the Solid Waste Advisory Board. Any completed reports required by this section shall be placed on an agenda of the Board of County Commissioners, without committee review, pursuant to Rule 5.06(j) of the Miami-Dade Board of County Commissioners� Rules of Procedure.

Sec. 2-2482. Sunset.

Unless extended or superseded by ordinance, the Solid Waste Advisory Board shall sunset and stand dismissed five years after its establishment.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word �ordinance� may be changed to �section,� �article,� or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.