HB 1089 — Waste Facilities

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1089 2026 A bill to be entitled An act relating to waste facilities;

prohibiting a local government and the Department of Environmental Protection from issuing a construction permit for certain solid waste disposal and waste-to-energy facilities under certain circumstances;

403.707 for a new solid waste disposal facility that uses an ash-producing incinerator or for a waste- to-energy facility if the proposed location of such facility is sited within 21 miles,mile as measured from the stack, of any impoundment area authorized by Congress with an effective interior storage of at least 100 acres for purposes of capturing, storing, and distributing surface water, improving Page 1 of 9 CODING:

hb1089-00hb1089-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1089 2026 surface water, improving hydroperiods and hydropatterns in any water conservation area, increasing spatial extent of wetlands, benefiting any federally listed threatened and endangered species, flood mitigation, or groundwater recharge.

3.

Any parcel located in a county with a population of less than 1.7 million according to the United States 2020 decennial census.

Any byproduct resulting from the creation of renewable energy that isPage recycled2 shallof count9 towardsCODING: the county recycling goals in accordance with the methods and criteria developed pursuant to paragraph (3)(h) (2)(h).

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hb1089-00hb1089-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1089 2026 (b)is Arecycled countyshall maycount receivetowards credit for one-half of the county recycling goalgoals set forth in subsectionaccordance (3)with (2) from the usemethods ofand yardcriteria trash,developed orpursuant other clean wood waste or paper waste, in innovative programs including, but not limited to, programs that produce alternative clean-burning fuels such as ethanol or that provide for the conversion of yard trash or other clean wood waste or paper waste to clean-burningparagraph fuel(3)(h) for(2)(h). the production of energy for use at facilities other than a waste-to-energy facility as defined in s.

(b) A county may receive credit for one-half of the recycling goal set forth in subsection (3) (2) from the use of yard trash, or other clean wood waste or paper waste, in innovative programs including, but not limited to, programs that produce alternative clean-burning fuels such as ethanol or that provide for the conversion of yard trash or other clean wood waste or paper waste to clean-burning fuel for the production of energy for use at facilities other than a waste-to-energy facility as defined in s.

1.a.Page 3 of 9 CODING:

Provides a system for separating and collecting recyclable materials prior to disposal that is located at a solid waste management facility or solid waste disposal area;

or Page 3 of 9 CODING:

hb1089-00hb1089-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1089 2026 b.1.a.

Provides a system for separating and collecting recyclable materials prior to disposal that is located at a solid waste management facility or solid waste disposal area;

or b.

97 The goal shall not be waived entirely and may only be reduced or modifiedPage to4 the extent necessary to alleviate the adverse effects of achieving9 theCODING: goal on the financial viability of a county's waste-to-energy facility.

Nothing in this subsection Page 4 of 9 CODING:

hb1089-00hb1089-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1089 2026 shallmodified exemptto athe countyextent fromnecessary developingto andalleviate implementingthe aadverse recyclingeffects programof pursuantachieving tothe thisgoal act.on the financial viability of a county's waste-to-energy facility.

Nothing in this subsection shall exempt a county from developing and implementing a recycling program pursuant to this act.

(21)(20) In addition to any other penalties provided by law, a local government that does not comply with the requirements of subsections (3) (2) and (5) is (4) shall not be eligible for grants from the Solid Waste Management Trust Fund, and the department may notify the Chief Financial Officer to withhold payment of all or a portion of funds payable to the Page 5 of 9 CODING:

hb1089-00hb1089-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1089 2026 eligible for grants from the Solid Waste Management Trust Fund, and the department may notify the Chief Financial Officer to withhold payment of all or a portion of funds payable to the local government by the department from the General Revenue Fund or by the department from any other state fund, to the extent not pledged to retire bonded indebtedness, unless the local government demonstrates that good faith efforts to meet the requirements of subsections (3) (2) and (5) (4) have been made or that the funds are being or will be used to finance the correction of a pollution control problem that spans jurisdictional boundaries.

403.707 Permits.— (6)(a) The department may not issue a construction permit pursuant to this section for a new solid waste disposal facility that uses an ash-producing incinerator or for a waste-to-energy facility if the proposed location of such facility is sited within 21 miles,mile as measured from the stack, of any impoundment area authorized by Congress with an effective interior storage of at least 100 acres for purposes of capturing, storing, and distributing surface water, improving hydroperiods and hydropatterns in any water conservation area, increasing spatial extent of wetlands, benefitingPage any6 federallyof listed9 threatenedCODING: and endangered species, flood mitigation, or groundwater recharge.

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hb1089-00hb1089-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1089 2026 (b)benefiting Paragraphany (a)federally doeslisted notthreatened applyand to:endangered species, flood mitigation, or groundwater recharge.

(b) Paragraph (a) does not apply to:

3.

Any parcel located in a county with a population of less than 1.7 million according to the United States 2020 decennial census.

(6) "Construction and demolition debris" means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition projectPage site.7 of 9 CODING:

Words stricken are deletions;

words underlined are additions.

hb1089-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1089 2026 project site.

Page403.707(9)(j), 7yard oftrash 9and CODING:unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects;

Words stricken are deletions;

words underlined are additions.

hb1089-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1089 2026 403.707(9)(j), yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects;

403.706(2), a county or a municipality which owns or operates a solid waste management facility is hereby authorizedPage to8 charge solid waste disposal fees which may vary based on a number of factors,9 including,CODING: but not limited to, the amount, characteristics, and form of recyclable materials present in the solid waste that is brought to the county's or the municipality's facility for processing or disposal.

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hb1089-00hb1089-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1089 2026 Sectionauthorized 5.to charge solid waste disposal fees which may vary based on a number of factors, including, but not limited to, the amount, characteristics, and form of recyclable materials present in the solid waste that is brought to the county's or the municipality's facility for processing or disposal.

Section 5.