Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Solid Waste & Recycling
Information
Requested Action
title
MOTION TO APPROVE First Amendment (“Facilities Amendment”) to the Interlocal Agreement for Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County, Florida (“ILA”), in substantially the form as Exhibit 1, and authorizing the County Administrator to approve nonsubstantive modifications provided such modifications are approved for legal sufficiency by the County Attorney’s Office.
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Why Action is Necessary
Board approval is needed to approve, renew, or amend interlocal agreements. Adoption of the Facilities Amendment is one of the required formation conditions for the continuation of the Solid Waste and Recyclable Materials Processing Authority of Broward County (“Authority”).
What Action Accomplishes
Approves the Facilities Amendment required under the ILA in substantially the form as Exhibit 1 and permits nonsubstantive modifications (including in response to modification requests from participating municipalities) provided they are legally approved.
Goal Related Icon(s)
☐County Commission
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Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE SOLID WASTE AND RECYCLING SERVICES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
This item supports the County’s goal of advancing a coordinated, sustainable, and resilient regional solid waste management system.
Background of the Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County (“Authority”)
On May 2, 2023, the Board of County Commissioners (“Commission”) approved the “Interlocal Agreement for Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County, Florida” (Agenda Item No. 47; Exhibit 2). In addition to the Commission, the Interlocal Agreement (ILA) was approved by 28 municipalities countywide (“Municipal Parties”). The ILA established the Authority as an independent legal entity to coordinate regional solid waste disposal and recycling programs. The Authority is intended to provide regional governance for:
• Coordination of solid waste and recycling infrastructure and services;
• Promotion of recycling, waste reduction, and reuse; and
• Implementation of a long-term, environmentally sustainable solid waste system.
The ILA has an initial 40-year term, subject to specific “formation conditions” being met.
Formation Conditions under the ILA
Article 3 of the ILA requires the Parties to satisfy two “formation conditions” before the Authority may fully exercise key powers. These conditions are:
• Adoption of a Master Plan by the Authority Governing Board; and
• Approval of a Facilities Amendment by the County Commission and municipal elected bodies representing 80% of the population of the 28 Municipal Parties.
If these conditions are not satisfied by August 16, 2026, the ILA will automatically terminate, and the Authority will be dissolved.
Facilities Amendment Purpose and Contents
The Facilities Amendment is intended to clearly define (i) the types of solid waste and recycling assets and facilities the Authority may own, (ii) how operational authority over those assets and facilities will be exercised, and (iii) the disposition of these assets and facilities should the Authority expire or be dissolved. One of the main goals of the Facilities Amendment is to avoid the disputes experienced as a result of the disbanding of the prior regional solid waste system. Additionally, the Facilities Amendment includes guidelines for how the Authority will handle facilities, capacity, and assets, especially in long-term and end-of-life scenarios. It also provides additional procedural mechanisms regarding future increases to service charges.
In short, the Facilities Amendment:
• Limits the Authority’s ownership of solid waste management facilities to transfer stations, recycling facilities, and drop-off centers;
• Prohibits Authority ownership of solid waste disposal facilities absent an additional amendment to the ILA, which would be subject to approval by the County Commission and a requisite number of Municipal Parties;
• Establishes procedures for the use and disposition of Authority assets and facilities in the event of termination of the ILA or the “Wind Down” of the Authority, including the allocation of assets and liabilities, the transfer of services, and the protection
of public investments, with a focus on preserving the County’s ability to meet its statutory responsibility to ensure adequate disposal capacity exists;
• Adds County technical review rights and oversight mechanisms related to system performance and statutory obligations; and
• Incorporates safeguards intended to ensure transparent operations, cost protections, and continuity of service.
All Parties retain protections in the Facilities Amendment to hold the Authority accountable, including through caps on maximum service charges. The County also has the right to initiate a technical review process. These are in addition to the ILA's existing accountability mechanisms like default provisions, a County right to receive capital expansion contributions from the Authority under certain circumstances, a requirement that the County’s Governing Board member approve certain Authority actions and significant Master Plan amendments, and independent counsel procedures.
Master Plan
Unlike the Facilities Amendment, neither the Commission nor the elected body of any Municipal Party will vote on the Master Plan. Instead, it is adopted by the Governing Board of the Authority. On April 17, 2026, the Governing Board of the Authority unanimously approved the Master Plan.
The Master Plan provides a framework for the development of a regional solid waste management system that is ultimately intended to meet the State of Florida’s 75% recycling goal. In addition, the Master Plan is intended to allow the Authority the operational ability to evaluate future needs, analyze innovative technologies, and address development of education and outreach campaigns. The Master Plan also includes a financial overview and implementation timelines.
Pursuant to the ILA, the Master Plan is a comprehensive operational document that must:
• Describe the Authority’s system, operations, and facilities in sufficient detail to allow implementation and financing;
• Identify revenues, funding mechanisms, and reserve requirements;
• Establish system capacity, facilities, and service strategies;
• Provide diversion, recycling, and waste reduction programs;
• Include contingency planning and alternative facilities; and
• Address long-term operational, environmental, and financial planning requirements.
Implications for the County
If the ILA’s Formation Conditions are satisfied, the Master Plan’s phased implementation imposes various requirements on the County, including:
• Requiring County contributions to the Authority’s budget based on the population of the Broward Municipal Services District (“BMSD”);
• Potentially requiring amendments to current collection agreements allowing franchise haulers to pass through any Authority-imposed surcharge to customers;
• Enacting and maintaining a reporting ordinance for System Waste collected by haulers and at receiving facilities (including the Broward County Landfill);
• Enacting an ordinance to introduce surcharge rate at the Broward County Landfill; and
• Enacting a Flow Control Ordinance directing all BMSD System Waste to designated facilities (all System Waste generated by municipal members will also be so directed).
Separate from the Master Plan, County staff will need to coordinate with the Authority on logistics related to the County’s current disposal contract, which remains in place through 2028. Although the current disposal agreement may be renewed through 2033 (and allows the County to assign it to the Authority), the Authority has indicated it plans to issue solicitations for yard trash and recyclable materials processing, and eventually for disposal facilities. Those facilities will be subject to the tipping fee surcharges outlined in the Master Plan.
Based on County staff conversations with the Authority's consultant, it is also likely that the Authority will require the County and the Municipal Parties to implement various additional services without providing funding support. For example, the Authority's consultant suggested that all Parties implement mandatory construction and demolition (“C&D”) debris recycling, curbside residential yard waste collection programs, commercial recycling programs, and multifamily recycling collection programs that would likely require additional vendor contracts.
If the Facilities Amendment is effectuated through approval by the Commission and a sufficient number of Municipal Parties, the County will remain a Party to the ILA and commit to participating in a regional solid waste management system through the Authority until at least 2063 (absent termination or dissolution of the Authority pursuant to the mechanisms provided in the ILA).
A memorandum prepared by the County Attorney’s Office with detail regarding legal matters associated with the Facilities Amendment, the Master Plan, and the County’s participation in the Authority (Exhibit 3) will be distributed prior to the Board meeting as additional material.
A memorandum prepared by Solid Waste and Recycling Services Division addressing operational and financial aspects of the County’s continued participation in the Authority (Exhibit 4) will be distributed prior to the Board meeting as additional material.
Source of Additional Information
Notosha Austin, Director, Solid Waste and Recycling Services (954) 474-1880.
Fiscal Impact
Fiscal Impact/Cost Summary
Fiscal Year 2027 costs are estimated at $21,000 for Phase I annual municipal contribution.
Fiscal Year 2028 costs are estimated at $25,000 for Phase II for BMSD residential collections surcharge based on tonnage.