THE BILL ITSELF
CS/HB 1089
Waste Facilities
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A bill to be entitled
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An act relating to waste facilities; amending ss.
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403.706 and 403.707, F.S.; prohibiting a local
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government and the Department of Environmental
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Protection from issuing a construction permit for
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certain solid waste disposal and waste-to-energy
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facilities under certain circumstances; amending ss.
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403.703, 403.7049, and 403.705, F.S.; conforming
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cross-references; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (2) through (23) of section
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403.706, Florida Statutes, are renumbered as subsections (3) through (24), respectively, present subsections (4), (6), (7),
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and (20) are amended, and a new subsection (2) is added to that
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section, to read:
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403.706 Local government solid waste responsibilities.—
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(2)(a) A local government may not issue a construction
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permit pursuant to s. 403.707 for a new solid waste disposal
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facility that uses an ash-producing incinerator or for a waste-
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to-energy facility if the proposed location of such facility is
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sited within 1 mile of any impoundment area authorized by
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Congress with an effective interior storage of at least 100
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acres for purposes of capturing, storing, and distributing
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surface water, improving hydroperiods and hydropatterns in any
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water conservation area, increasing spatial extent of wetlands,
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benefiting any federally listed threatened and endangered
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species, flood mitigation, or groundwater recharge.
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(b) Paragraph (a) does not apply to:
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1. Any canal.
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2. Any existing construction, current operation, or
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modification to such structure or operation in existence as of
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July 1, 2026.
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3. Any parcel located in a county with a population of
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less than 1.7 million according to the United States 2020
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decennial census.
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(5)(4)(a) In order to promote the production of renewable
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energy from solid waste, each megawatt-hour produced by a
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renewable energy facility using solid waste as a fuel shall
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count as 1 ton of recycled material and shall be applied toward
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meeting the recycling goals set forth in this section. If a
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county creating renewable energy from solid waste implements and
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maintains a program to recycle at least 50 percent of municipal
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solid waste by a means other than creating renewable energy,
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that county shall count 1.25 tons of recycled material for each
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megawatt-hour produced. If waste originates from a county other
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than the county in which the renewable energy facility resides,
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the originating county shall receive such recycling credit. Any
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byproduct resulting from the creation of renewable energy that
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is recycled shall count towards the county recycling goals in
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accordance with the methods and criteria developed pursuant to
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paragraph (3)(h) (2)(h).
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(b) A county may receive credit for one-half of the
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recycling goal set forth in subsection (3) (2) from the use of
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yard trash, or other clean wood waste or paper waste, in
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innovative programs including, but not limited to, programs that
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produce alternative clean-burning fuels such as ethanol or that
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provide for the conversion of yard trash or other clean wood
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waste or paper waste to clean-burning fuel for the production of
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energy for use at facilities other than a waste-to-energy
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facility as defined in s. 403.7061. The provisions of this
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paragraph apply only if a county can demonstrate that:
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1. The county has implemented a yard trash mulching or
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composting program, and
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2. As part of the program, compost and mulch made from
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yard trash is available to the general public and in use at
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county-owned or maintained and municipally owned or maintained
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facilities in the county and state agencies operating in the
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county as required by this section.
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(c) A county with a population of 100,000 or less may
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provide its residents with the opportunity to recycle in lieu of
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achieving the goal set forth in this section. For the purposes
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of this section, the "opportunity to recycle" means that the
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county:
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1.a. Provides a system for separating and collecting
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recyclable materials prior to disposal that is located at a
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solid waste management facility or solid waste disposal area; or
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b. Provides a system of places within the county for
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collection of source-separated recyclable materials.
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2. Provides a public education and promotion program that
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is conducted to inform its residents of the opportunity to
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recycle, encourages source separation of recyclable materials,
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and promotes the benefits of reducing, reusing, recycling, and
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composting materials.
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(7)(6) The department may reduce or modify the municipal
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solid waste recycling goal that a county is required to achieve
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pursuant to subsection (3) (2) if the county demonstrates to the
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department that:
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(a) The achievement of the goal set forth in subsection
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(3)(2) would have an adverse effect on the financial obligations
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of a county that are directly related to a waste-to-energy
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facility owned or operated by or on behalf of the county; and
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(b) The county cannot remove normally combustible
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materials from solid waste that is to be processed at a waste-
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to-energy facility because of the need to maintain a sufficient
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amount of solid waste to ensure the financial viability of the
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facility.
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The goal shall not be waived entirely and may only be reduced or
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modified to the extent necessary to alleviate the adverse
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effects of achieving the goal on the financial viability of a
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county's waste-to-energy facility. Nothing in this subsection
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shall exempt a county from developing and implementing a
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recycling program pursuant to this act.
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(8)(7) In order to assess the progress in meeting the goal
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set forth in subsection (3) (2), each county shall, by April 1
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each year, provide information to the department regarding its
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annual solid waste management program and recycling activities.
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(a) The information submitted to the department by the
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county must, at a minimum, include:
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1. The amount of municipal solid waste disposed of at
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solid waste disposal facilities, by type of waste such as yard
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trash, white goods, clean debris, tires, and unseparated solid
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waste;
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2. The amount and type of materials from the municipal
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solid waste stream that were recycled; and
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3. The percentage of the population participating in
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various types of recycling activities instituted.
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(b) Beginning with the data for the 2012 calendar year,
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the department shall by July 1 each year post on its website the
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recycling rates of each county for the prior calendar year.
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(21)(20) In addition to any other penalties provided by
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law, a local government that does not comply with the
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requirements of subsections (3) (2) and (5) is (4) shall not be
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eligible for grants from the Solid Waste Management Trust Fund,
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and the department may notify the Chief Financial Officer to
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withhold payment of all or a portion of funds payable to the
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local government by the department from the General Revenue Fund
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or by the department from any other state fund, to the extent
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not pledged to retire bonded indebtedness, unless the local
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government demonstrates that good faith efforts to meet the
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requirements of subsections (3) (2) and (5) (4) have been made
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or that the funds are being or will be used to finance the
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correction of a pollution control problem that spans
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jurisdictional boundaries.
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Section 2. Subsections (6) through (14) of section
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403.707, Florida Statutes, are renumbered as subsections (7)
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through (15), respectively, and a new subsection (6) is added to that section to read:
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403.707 Permits.—
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(6)(a) The department may not issue a construction permit
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pursuant to this section for a new solid waste disposal facility
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that uses an ash-producing incinerator or for a waste-to-energy
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facility if the proposed location of such facility is sited
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within 1 mile of any impoundment area authorized by Congress
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with an effective interior storage of at least 100 acres for
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purposes of capturing, storing, and distributing surface water,
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improving hydroperiods and hydropatterns in any water
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conservation area, increasing spatial extent of wetlands,
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benefiting any federally listed threatened and endangered
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species, flood mitigation, or groundwater recharge.
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(b) Paragraph (a) does not apply to:
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1. Any canal.
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2. Any existing construction, current operation, or
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modification to such structure or operation in existence as of
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July 1, 2026.
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3. Any parcel located in a county with a population of
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less than 1.7 million according to the United States 2020
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decennial census.
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Section 3. Paragraph (b) of subsection (6) and subsections
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(7) and (21) of section 403.703, Florida Statutes, are amended
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to read:
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403.703 Definitions.—As used in this part, the term:
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(6) "Construction and demolition debris" means discarded
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materials generally considered to be not water-soluble and
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nonhazardous in nature, including, but not limited to, steel,
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glass, brick, concrete, asphalt roofing material, pipe, gypsum
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wallboard, and lumber, from the construction or destruction of a
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structure as part of a construction or demolition project or
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from the renovation of a structure, and includes rocks, soils,
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tree remains, trees, and other vegetative matter that normally
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results from land clearing or land development operations for a
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construction project, including such debris from construction of
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structures at a site remote from the construction or demolition
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project site. Mixing of construction and demolition debris with
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other types of solid waste will cause the resulting mixture to
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be classified as other than construction and demolition debris.
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The term also includes:
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(b) Except as provided in s. 403.707(10)(j) s.
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403.707(9)(j), yard trash and unpainted, nontreated wood scraps
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and wood pallets from sources other than construction or
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demolition projects;
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(7) "County," or any like term, means a political
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subdivision of the state established pursuant to s. 1, Art. VIII
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of the State Constitution and, when s. 403.706(20) s.
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403.706(19) applies, means a special district or other entity.
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(21) "Municipality," or any like term, means a
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municipality created pursuant to general or special law
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authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
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the State Constitution and, when s. 403.706(20) s. 403.706(19)
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applies, means a special district or other entity.
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Section 4. Subsection (5) of section 403.7049, Florida
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Statutes, is amended to read:
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403.7049 Determination of full cost for solid waste
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management; local solid waste management fees.—
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(5) In order to assist in achieving the municipal solid
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waste reduction goal and the recycling provisions of s.
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403.706(3) s. 403.706(2), a county or a municipality which owns
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or operates a solid waste management facility is hereby
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authorized to charge solid waste disposal fees which may vary
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based on a number of factors, including, but not limited to, the
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amount, characteristics, and form of recyclable materials
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present in the solid waste that is brought to the county's or
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the municipality's facility for processing or disposal.
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Section 5. Paragraph (c) of subsection (2) and subsection
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(3) of section 403.705, Florida Statutes, are amended to read:
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403.705 State solid waste management program.—
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(2) The state solid waste management program shall
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include, at a minimum:
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(c) Planning guidelines and technical assistance to
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counties and municipalities to aid in meeting the municipal
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solid waste recycling goals established in s. 403.706(3) s.
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403.706(2).
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(3) The department shall evaluate and report biennially to
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the President of the Senate and the Speaker of the House of
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Representatives on the state's success in meeting the solid
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waste recycling goal as described in s. 403.706(3) s.
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403.706(2).
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Section 6. This act shall take effect July 1, 2026.