S 1196

Florida Senate - 2026  CS for SB 1196
By the Committee on Environment and Natural Resources; and
Senator Sharief
592-02471-26  20261196c1
1A bill to be entitled
2An act relating to waste facilities; amending ss.
3403.706 and 403.707, F.S.; prohibiting a local
4government or the Department of Environmental
5Protection, respectively, from issuing a construction
6permit for certain solid waste disposal and waste-to
7energy facilities under certain circumstances;
8providing applicability; amending ss. 403.703,
9403.7049, and 403.705, F.S.; conforming cross
10references; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14Section 1. Present subsections (2) through (23) of section
15403.706, Florida Statutes, are redesignated as subsections (3)
16through (24), respectively, a new subsection (2) is added to
17that section, and present subsections (4), (6), (7), and (20)
18are amended, to read:
19403.706 Local government solid waste responsibilities.—
20(2)(a)A local government may not issue a construction
21permit pursuant to s. 403.707 for a new solid waste disposal
22facility that uses an ash-producing incinerator or for a waste
23to-energy facility if the proposed location of such facility is
24sited within a 2-mile radius, as measured from the stack, of any
25impoundment area authorized by Congress with an effective
26interior storage of at least 100 acres for purposes of
27capturing, storing, and distributing surface water; improving
28hydroperiods and hydropatterns in any water conservation area;
29increasing the spatial extent of wetlands; benefiting any
30federally listed threatened and endangered species; flood
31mitigation; or groundwater recharge.
32(b)Paragraph (a) does not apply to the following:
331.Any canal.
342.Any existing construction, current operation, or
35modification to such structure or operation in existence as of
36July 1, 2026.
373.Any parcel located in a county with a population of less
38than 1.7 million according to the most recent decennial census.
39(5)[(4)](a) In order to promote the production of renewable
40energy from solid waste, each megawatt-hour produced by a
41renewable energy facility using solid waste as a fuel shall
42count as 1 ton of recycled material and shall be applied toward
43meeting the recycling goals set forth in this section. If a
44county creating renewable energy from solid waste implements and
45maintains a program to recycle at least 50 percent of municipal
46solid waste by a means other than creating renewable energy,
47that county shall count 1.25 tons of recycled material for each
48megawatt-hour produced. If waste originates from a county other
49than the county in which the renewable energy facility resides,
50the originating county shall receive such recycling credit. Any
51byproduct resulting from the creation of renewable energy that
52is recycled shall count towards the county recycling goals in
53accordance with the methods and criteria developed pursuant to
54paragraph (3)(h) [(2)(h)].
55(b) A county may receive credit for one-half of the
56recycling goal set forth in subsection (3) [(2)] from the use of
57yard trash, or other clean wood waste or paper waste, in
58innovative programs including, but not limited to, programs that
59produce alternative clean-burning fuels such as ethanol or that
60provide for the conversion of yard trash or other clean wood
61waste or paper waste to clean-burning fuel for the production of
62energy for use at facilities other than a waste-to-energy
63facility as defined in s. 403.7061. The provisions of this
64paragraph apply only if a county can demonstrate that:
651. The county has implemented a yard trash mulching or
66composting program, and
672. As part of the program, compost and mulch made from yard
68trash is available to the general public and in use at county
69owned or maintained and municipally owned or maintained
70facilities in the county and state agencies operating in the
71county as required by this section.
72(c) A county with a population of 100,000 or less may
73provide its residents with the opportunity to recycle in lieu of
74achieving the goal set forth in this section. For the purposes
75of this section, the “opportunity to recycle” means that the
76county:
771.a. Provides a system for separating and collecting
78recyclable materials prior to disposal that is located at a
79solid waste management facility or solid waste disposal area; or
80b. Provides a system of places within the county for
81collection of source-separated recyclable materials.
822. Provides a public education and promotion program that
83is conducted to inform its residents of the opportunity to
84recycle, encourages source separation of recyclable materials,
85and promotes the benefits of reducing, reusing, recycling, and
86composting materials.
87(7)[(6)] The department may reduce or modify the municipal
88solid waste recycling goal that a county is required to achieve
89pursuant to subsection (3) [(2)] if the county demonstrates to the
90department that:
91(a) The achievement of the goal set forth in subsection (3)
92[(2)] would have an adverse effect on the financial obligations of
93a county that are directly related to a waste-to-energy facility
94owned or operated by or on behalf of the county; and
95(b) The county cannot remove normally combustible materials
96from solid waste that is to be processed at a waste-to-energy
97facility because of the need to maintain a sufficient amount of
98solid waste to ensure the financial viability of the facility.
99
100The goal shall not be waived entirely and may only be reduced or
101modified to the extent necessary to alleviate the adverse
102effects of achieving the goal on the financial viability of a
103county’s waste-to-energy facility. Nothing in this subsection
104shall exempt a county from developing and implementing a
105recycling program pursuant to this act.
106(8)[(7)] In order to assess the progress in meeting the goal
107set forth in subsection (3) [(2)], each county shall, by April 1
108each year, provide information to the department regarding its
109annual solid waste management program and recycling activities.
110(a) The information submitted to the department by the
111county must, at a minimum, include:
1121. The amount of municipal solid waste disposed of at solid
113waste disposal facilities, by type of waste such as yard trash,
114white goods, clean debris, tires, and unseparated solid waste;
1152. The amount and type of materials from the municipal
116solid waste stream that were recycled; and
1173. The percentage of the population participating in
118various types of recycling activities instituted.
119(b) Beginning with the data for the 2012 calendar year, the
120department shall by July 1 each year post on its website the
121recycling rates of each county for the prior calendar year.
122(21)[(20)] In addition to any other penalties provided by
123law, a local government that does not comply with the
124requirements of subsections (3) [(2)] and (5) is [(4) shall] not [be]
125eligible for grants from the Solid Waste Management Trust Fund,
126and the department may notify the Chief Financial Officer to
127withhold payment of all or a portion of funds payable to the
128local government by the department from the General Revenue Fund
129or by the department from any other state fund, to the extent
130not pledged to retire bonded indebtedness, unless the local
131government demonstrates that good faith efforts to meet the
132requirements of subsections (3) [(2)] and (5) [(4)] have been made
133or that the funds are being or will be used to finance the
134correction of a pollution control problem that spans
135jurisdictional boundaries.
136Section 2. Present subsections (6) through (14) of section
137403.707, Florida Statutes, are redesignated as subsections (7)
138through (15), respectively, and a new subsection (6) is added to
139that section, to read:
140403.707 Permits.—
141(6)(a)The department may not issue a construction permit
142pursuant to this section for a new solid waste disposal facility
143that uses an ash-producing incinerator or for a waste-to-energy
144facility if the proposed location of such facility is sited
145within a 2-mile radius, as measured from the stack, of any
146impoundment area authorized by Congress with an effective
147interior storage of at least 100 acres for purposes of
148capturing, storing, and distributing surface water; improving
149hydroperiods and hydropatterns in any water conservation area;
150increasing the spatial extent of wetlands; benefiting any
151federally listed threatened and endangered species; flood
152mitigation; or groundwater recharge.
153(b)Paragraph (a) does not apply to the following:
1541.Any canal.
1552.Any existing construction, current operation, or
156modification to such structure or operation in existence as of
157July 1, 2026.
1583.Any parcel located in a county with a population of less
159than 1.7 million according to the most recent decennial census.
160Section 3. Paragraph (b) of subsection (6) and subsections
161(7) and (21) of section 403.703, Florida Statutes, are amended
162to read:
163403.703 Definitions.—As used in this part, the term:
164(6) “Construction and demolition debris” means discarded
165materials generally considered to be not water-soluble and
166nonhazardous in nature, including, but not limited to, steel,
167glass, brick, concrete, asphalt roofing material, pipe, gypsum
168wallboard, and lumber, from the construction or destruction of a
169structure as part of a construction or demolition project or
170from the renovation of a structure, and includes rocks, soils,
171tree remains, trees, and other vegetative matter that normally
172results from land clearing or land development operations for a
173construction project, including such debris from construction of
174structures at a site remote from the construction or demolition
175project site. Mixing of construction and demolition debris with
176other types of solid waste will cause the resulting mixture to
177be classified as other than construction and demolition debris.
178The term also includes:
179(b) Except as provided in s. 403.707(10)(j) [s.]
180[403.707(9)(j)], yard trash and unpainted, nontreated wood scraps
181and wood pallets from sources other than construction or
182demolition projects;
183(7) “County,” or any like term, means a political
184subdivision of the state established pursuant to s. 1, Art. VIII
185of the State Constitution and, when s. 403.706(20) [s.]
186[403.706(19)] applies, means a special district or other entity.
187(21) “Municipality,” or any like term, means a municipality
188created pursuant to general or special law authorized or
189recognized pursuant to s. 2 or s. 6, Art. VIII of the State
190Constitution and, when s. 403.706(20) [s. 403.706(19)] applies,
191means a special district or other entity.
192Section 4. Subsection (5) of section 403.7049, Florida
193Statutes, is amended to read:
194403.7049 Determination of full cost for solid waste
195management; local solid waste management fees.—
196(5) In order to assist in achieving the municipal solid
197waste reduction goal and the recycling provisions of s.
198403.706(3) [s. 403.706(2)], a county or a municipality which owns
199or operates a solid waste management facility is hereby
200authorized to charge solid waste disposal fees which may vary
201based on a number of factors, including, but not limited to, the
202amount, characteristics, and form of recyclable materials
203present in the solid waste that is brought to the county’s or
204the municipality’s facility for processing or disposal.
205Section 5. Paragraph (c) of subsection (2) and subsection
206(3) of section 403.705, Florida Statutes, are amended to read:
207403.705 State solid waste management program.—
208(2) The state solid waste management program shall include,
209at a minimum:
210(c) Planning guidelines and technical assistance to
211counties and municipalities to aid in meeting the municipal
212solid waste recycling goals established in s. 403.706(3) [s.]
213[403.706(2)].
214(3) The department shall evaluate and report biennially to
215the President of the Senate and the Speaker of the House of
216Representatives on the state’s success in meeting the solid
217waste recycling goal as described in s. 403.706(3) [s.]
218[403.706(2)].
219Section 6. This act shall take effect July 1, 2026.