Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1196
Ì370166,Î370166
LEGISLATIVE ACTION
Senate . House
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The Committee on Environment and Natural Resources (Sharief)
recommended the following:
1 Senate Amendment
2
3 Delete lines 32 - 155
4 and insert:
5 (b) Paragraph (a) does not apply to the following:
6 1. Any canal.
7 2. Any existing construction, current operation, or
8 modification to such structure or operation in existence as of
9 July 1, 2026.
10 3. Any parcel located in a county with a population of less
11 than 1.7 million according to the most recent decennial census.
12 (5)(4)(a) In order to promote the production of renewable
13 energy from solid waste, each megawatt-hour produced by a
14 renewable energy facility using solid waste as a fuel shall
15 count as 1 ton of recycled material and shall be applied toward
16 meeting the recycling goals set forth in this section. If a
17 county creating renewable energy from solid waste implements and
18 maintains a program to recycle at least 50 percent of municipal
19 solid waste by a means other than creating renewable energy,
20 that county shall count 1.25 tons of recycled material for each
21 megawatt-hour produced. If waste originates from a county other
22 than the county in which the renewable energy facility resides,
23 the originating county shall receive such recycling credit. Any
24 byproduct resulting from the creation of renewable energy that
25 is recycled shall count towards the county recycling goals in
26 accordance with the methods and criteria developed pursuant to
27 paragraph (3)(h) (2)(h).
28 (b) A county may receive credit for one-half of the
29 recycling goal set forth in subsection (3) (2) from the use of
30 yard trash, or other clean wood waste or paper waste, in
31 innovative programs including, but not limited to, programs that
32 produce alternative clean-burning fuels such as ethanol or that
33 provide for the conversion of yard trash or other clean wood
34 waste or paper waste to clean-burning fuel for the production of
35 energy for use at facilities other than a waste-to-energy
36 facility as defined in s. 403.7061. The provisions of this
37 paragraph apply only if a county can demonstrate that:
38 1. The county has implemented a yard trash mulching or
39 composting program, and
40 2. As part of the program, compost and mulch made from yard
41 trash is available to the general public and in use at county
42 owned or maintained and municipally owned or maintained
43 facilities in the county and state agencies operating in the
44 county as required by this section.
45 (c) A county with a population of 100,000 or less may
46 provide its residents with the opportunity to recycle in lieu of
47 achieving the goal set forth in this section. For the purposes
48 of this section, the “opportunity to recycle” means that the
49 county:
50 1.a. Provides a system for separating and collecting
51 recyclable materials prior to disposal that is located at a
52 solid waste management facility or solid waste disposal area; or
53 b. Provides a system of places within the county for
54 collection of source-separated recyclable materials.
55 2. Provides a public education and promotion program that
56 is conducted to inform its residents of the opportunity to
57 recycle, encourages source separation of recyclable materials,
58 and promotes the benefits of reducing, reusing, recycling, and
59 composting materials.
60 (7)(6) The department may reduce or modify the municipal
61 solid waste recycling goal that a county is required to achieve
62 pursuant to subsection (3) (2) if the county demonstrates to the
63 department that:
64 (a) The achievement of the goal set forth in subsection (3)
65 (2) would have an adverse effect on the financial obligations of
66 a county that are directly related to a waste-to-energy facility
67 owned or operated by or on behalf of the county; and
68 (b) The county cannot remove normally combustible materials
69 from solid waste that is to be processed at a waste-to-energy
70 facility because of the need to maintain a sufficient amount of
71 solid waste to ensure the financial viability of the facility.
72
73 The goal shall not be waived entirely and may only be reduced or
74 modified to the extent necessary to alleviate the adverse
75 effects of achieving the goal on the financial viability of a
76 county’s waste-to-energy facility. Nothing in this subsection
77 shall exempt a county from developing and implementing a
78 recycling program pursuant to this act.
79 (8)(7) In order to assess the progress in meeting the goal
80 set forth in subsection (3) (2), each county shall, by April 1
81 each year, provide information to the department regarding its
82 annual solid waste management program and recycling activities.
83 (a) The information submitted to the department by the
84 county must, at a minimum, include:
85 1. The amount of municipal solid waste disposed of at solid
86 waste disposal facilities, by type of waste such as yard trash,
87 white goods, clean debris, tires, and unseparated solid waste;
88 2. The amount and type of materials from the municipal
89 solid waste stream that were recycled; and
90 3. The percentage of the population participating in
91 various types of recycling activities instituted.
92 (b) Beginning with the data for the 2012 calendar year, the
93 department shall by July 1 each year post on its website the
94 recycling rates of each county for the prior calendar year.
95 (21)(20) In addition to any other penalties provided by
96 law, a local government that does not comply with the
97 requirements of subsections (3) (2) and (5) is (4) shall not be
98 eligible for grants from the Solid Waste Management Trust Fund,
99 and the department may notify the Chief Financial Officer to
100 withhold payment of all or a portion of funds payable to the
101 local government by the department from the General Revenue Fund
102 or by the department from any other state fund, to the extent
103 not pledged to retire bonded indebtedness, unless the local
104 government demonstrates that good faith efforts to meet the
105 requirements of subsections (3) (2) and (5) (4) have been made
106 or that the funds are being or will be used to finance the
107 correction of a pollution control problem that spans
108 jurisdictional boundaries.
109 Section 2. Present subsections (6) through (14) of section
110 403.707, Florida Statutes, are redesignated as subsections (7)
111 through (15), respectively, and a new subsection (6) is added to
112 that section to read:
113 403.707 Permits.—
114 (6)(a) The department may not issue a construction permit
115 pursuant to this section for a new solid waste disposal facility
116 that uses an ash-producing incinerator or for a waste-to-energy
117 facility if the proposed location of such facility is sited
118 within a 2-mile radius, as measured from the stack, of any
119 impoundment area authorized by Congress with an effective
120 interior storage of at least 100 acres for purposes of
121 capturing, storing, and distributing surface water; improving
122 hydroperiods and hydropatterns in any water conservation area;
123 increasing the spatial extent of wetlands; benefiting any
124 federally listed threatened and endangered species; flood
125 mitigation; or groundwater recharge.
126 (b) Paragraph (a) does not apply to the following:
127 1. Any canal.
128 2. Any existing construction, current operation, or
129 modification to such structure or operation in existence as of
130 July 1, 2026.
131 3. Any parcel located in a county with a population of less
132 than 1.7 million according to the most recent decennial census.