Storm-generated Debris and Solid Waste (Oppose – Preemption) 

Storm-generated Debris and Solid Waste (Oppose – Preemption) 

CS/HB 879 (Toledo) and SB 1326 (Baxley) address the regulation and management of recovered materials, solid waste and storm-generated debris. The bills expand the statutory definition of “recovered materials” to include wood, asphalt and concrete. This change would eliminate the authority of local governments to regulate these materials as “solid waste” or to include them within franchise agreements. The bills also require local governments to suspend any exclusive contracts for the collection, hauling, staging or disposal of storm-generated debris or commercial or residential solid waste if the local government “reasonably” determines the contractor will not be able to provide the contracted level of service. After March 1, 2018, a local government is prohibited from entering a new exclusive contract, or from extending an existing exclusive contract, for the collection, hauling, staging or disposal of storm-generated debris. CS/HB 879 was substantially amended to remove all sections of the bill concerning storm debris. As amended, the bill now only changes the statutory definition of “recovered materials.” The amended bill also clarifies the change in definition is not intended to impair or modify contracts existing on or before July 1, 2018. (O’Hara)