Bill Amendment: FL S1104 | 2017 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Resource Recovery and Management
Status: 2017-05-03 - Laid on Table, companion bill(s) passed, see CS/HB 335 (Ch. 2017-167) [S1104 Detail]
Download: Florida-2017-S1104-Senate_Committee_Amendment_228236.html
Bill Title: Resource Recovery and Management
Status: 2017-05-03 - Laid on Table, companion bill(s) passed, see CS/HB 335 (Ch. 2017-167) [S1104 Detail]
Download: Florida-2017-S1104-Senate_Committee_Amendment_228236.html
Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 1104 Ì228236.Î228236 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present subsections (2) and (3) of section 6 403.703, Florida Statutes, are redesignated as subsections (3) 7 and (2), respectively, present subsections (10) through (22) of 8 that section are redesignated as subsections (11) through (23), 9 respectively, present subsection (23) of that section is 10 redesignated as subsection (25), present subsections (24) 11 through (43) of that section are redesignated as subsections 12 (28) through (47), respectively, present subsections (24), (27), 13 (32), and (35) of that section are amended, and new subsections 14 (10), (24), (26), and (27) are added to that section, to read: 15 403.703 Definitions.—As used in this part, the term: 16 (10) “Gasification” means a process through which recovered 17 materials are heated and converted to synthesis gas in an 18 oxygen-deficient atmosphere, and then converted to crude oil, 19 fuels, or chemical feedstocks. 20 (24) “Post-use polymer” means a plastic polymer that is 21 derived from any domestic, commercial, or municipal activity and 22 recycled in commercial markets and that might otherwise become 23 waste if not converted to manufacture crude oil, fuels, or other 24 raw materials or intermediate or final products using 25 gasification or pyrolysis. A post-use polymer may contain 26 incidental contaminants or impurities such as paper labels or 27 metal rings. 28 (26) “Pyrolysis” means a process through which post-use 29 polymers are heated in the absence of oxygen until melted and 30 thermally decomposed, and then cooled, condensed, and converted 31 to: 32 (a) Crude oil, diesel, gasoline, home heating oil, or 33 another fuel; 34 (b) Feedstocks; 35 (c) Diesel and gasoline blendstocks; 36 (d) Chemicals, waxes, or lubricants; or 37 (e) Other raw materials or intermediate or final products. 38 (27) “Pyrolysis facility” means a facility that receives, 39 separates, stores, and converts recovered materials, including 40 post-use polymers, using gasification or pyrolysis. A pyrolysis 41 facility meeting the conditions of s. 403.7045(1)(e) is not a 42 solid waste management facility. 43 (28)(a)(24)“Recovered materials” means metal, paper, 44 glass, plastic, textile, or rubber materials that have known 45 recycling potential, can be feasibly recycled, and have been 46 diverted and source separated or have been removed from the 47 solid waste stream for sale, use, or reuse as raw materials, 48 whether or not the materials require subsequent processing or 49 separation from each other. 50 (b) The term includes post-use polymers that are converted 51 to manufacture crude oil, fuels, or other raw materials or 52 intermediate or final products using gasification or pyrolysis, 53 butThe termdoes not include materials destined for any use 54 that constitutes disposal. Recovered materials as defined 55describedin this subsection are not solid waste. 56 (31)(27)“Recycling” means any process by which solid 57 waste, or materials that would otherwise become solid waste, are 58 collected, separated, or processed and reused or returned to use 59 in the form of raw materials or intermediate or final products. 60 Such raw materials or intermediate or final products may 61 include, but are not limited to, crude oil, fuels, and fuel 62 substitutes. 63 (36)(32)“Solid waste” means sludge unregulated under the 64 federal Clean Water Act or Clean Air Act, sludge from a waste 65 treatment works, water supply treatment plant, or air pollution 66 control facility, or garbage, rubbish, refuse, special waste, or 67 other discarded material, including solid, liquid, semisolid, or 68 contained gaseous material resulting from domestic, industrial, 69 commercial, mining, agricultural, or governmental operations. 70 Recovered materials as defined in subsection (28)(24)are not 71 solid waste. 72 (39)(35)“Solid waste management facility” means any solid 73 waste disposal area, volume reduction plant, transfer station, 74 materials recovery facility, or other facility, the purpose of 75 which is resource recovery or the disposal, recycling, 76 processing, or storage of solid waste. The term does not include 77 recovered materials processing facilities or pyrolysis 78 facilities that meet the requirements of s. 403.7046, except the 79 portion of such facilities, if any, which is used for the 80 management of solid waste. 81 Section 2. Subsection (1) of section 403.7045, Florida 82 Statutes, is amended to read: 83 403.7045 Application of act and integration with other 84 acts.— 85 (1) The following wastes or activities mayshallnot be 86 regulated pursuant to this act: 87 (a) Byproduct material, source material, and special 88 nuclear material, the generation, transportation, disposal, 89 storage, or treatment of which is regulated under chapter 404 or 90 the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat. 923, 91 as amended; 92 (b) Suspended solids and dissolved materials in domestic 93 sewage effluent or irrigation return flows or other discharges 94 which are point sources subject to permits pursuant to this 95 chapter or s. 402 of the Clean Water Act, Pub. L. No. 95-217; 96 (c) Emissions to the air from a stationary installation or 97 source regulated under this chapter or the Clean Air Act, Pub. 98 L. No. 95-95; 99 (d) Drilling fluids, produced waters, and other wastes 100 associated with the exploration for, or development and 101 production of, crude oil or natural gas which are regulated 102 under chapter 377; or 103 (e) Recovered materials,orrecovered materials processing 104 facilities, or pyrolysis facilities, except as provided in s. 105 403.7046, if: 106 1. A majority of the recovered materials at the facility 107 are demonstrated to be sold, used, or reused within 1 year. As 108 used in this subparagraph, the term “used or reused” includes 109 the conversion of recovered materials into crude oil, fuels, 110 feedstocks, or other raw materials or intermediate or final 111 products by gasification or pyrolysis. 112 2. The recovered materials handled by the facility or the 113 products or byproducts of operations that process recovered 114 materials are not discharged, deposited, injected, dumped, 115 spilled, leaked, or placed into or upon any land or water by the 116 owner or operator of thesuchfacility so that thesuch117 recovered materials, products or byproducts, or any constituent 118 thereof may enter other lands or be emitted into the air or 119 discharged into any waters, including groundwaters, or otherwise 120 enter the environment such that a threat of contamination in 121 excess of applicable department standards and criteria is 122 caused. 123 3. The recovered materials handled by the facility are not 124 hazardous wastes as defined inunders. 403.703,and in rules 125 adopted under this sectionpromulgated pursuant thereto. 126 4. The facility is registered as required in s. 403.7046. 127 (f) Industrial byproducts, if: 128 1. A majority of the industrial byproducts are demonstrated 129 to be sold, used, or reused within 1 year. 130 2. The industrial byproducts are not discharged, deposited, 131 injected, dumped, spilled, leaked, or placed upon any land or 132 water so that such industrial byproducts, or any constituent 133 thereof, may enter other lands or be emitted into the air or 134 discharged into any waters, including groundwaters, or otherwise 135 enter the environment such that a threat of contamination in 136 excess of applicable department standards and criteria or a 137 significant threat to public health is caused. 138 3. The industrial byproducts are not hazardous wastes as 139 defined inunders. 403.703 and in rules adopted under this 140 section. 141 142 Sludge from an industrial waste treatment works that meets the 143 exemption requirements of this paragraph is not solid waste as 144 defined in s. 403.703403.703(32). 145 Section 3. Paragraph (b) of subsection (3) of section 146 403.7046, Florida Statutes, is amended to read: 147 403.7046 Regulation of recovered materials.— 148 (3) Except as otherwise provided in this section or 149 pursuant to a special act in effect on or before January 1, 150 1993, a local government may not require a commercial 151 establishment that generates source-separated recovered 152 materials to sell or otherwise convey its recovered materials to 153 the local government or to a facility designated by the local 154 government, nor may the local government restrict such a 155 generator’s right to sell or otherwise convey such recovered 156 materials to any properly certified recovered materials dealer 157 who has satisfied the requirements of this section. A local 158 government may not enact any ordinance that prevents such a 159 dealer from entering into a contract with a commercial 160 establishment to purchase, collect, transport, process, or 161 receive source-separated recovered materials. 162 (b)1. Before engaging in business within the jurisdiction 163 of the local government, a recovered materials dealer must 164 provide the local government with a copy of the certification 165 provided for in this section. In addition, the local government 166 may establish a registration process whereby a recovered 167 materials dealer must register with the local government before 168 engaging in business within the jurisdiction of the local 169 government. Such registration process is limited to requiring 170 the dealer to register its name, including the owner or operator 171 of the dealer, and, if the dealer is a business entity, its 172 general or limited partners, its corporate officers and 173 directors, its permanent place of business, evidence of its 174 certification under this section, and a certification that the 175 recovered materials will be processed at a recovered materials 176 processing facility or pyrolysis facility satisfying the 177 requirements of this section. The local government may not use 178 the information provided in the registration application to 179 compete unfairly with the recovered materials dealer until 90 180 days after receipt of the application. All counties, and 181 municipalities whose population exceeds 35,000 according to the 182 population estimates determined pursuant to s. 186.901, may 183 establish a reporting process that must be limited to the 184 regulations, reporting format, and reporting frequency 185 established by the department pursuant to this section, which 186 must, at a minimum, include requiring the dealer to identify the 187 types and approximate amount of recovered materials collected, 188 recycled, or reused during the reporting period; the approximate 189 percentage of recovered materials reused, stored, or delivered 190 to a recovered materials processing facility or pyrolysis 191 facility or disposed of in a solid waste disposal facility; and 192 the locations where any recovered materials were disposed of as 193 solid waste. The local government may charge the dealer a 194 registration fee commensurate with and no greater than the cost 195 incurred by the local government in operating its registration 196 program. Registration program costs are limited to those costs 197 associated with the activities described in this subparagraph. 198 Any reporting or registration process established by a local 199 government with regard to recovered materials is governed by 200 this section and department rules adopted pursuant thereto. 201 2. Information reported under this subsection which, if 202 disclosed, would reveal a trade secret, as defined in s. 203 812.081, is confidential and exempt from s. 119.07(1) and s. 204 24(a), Art. I of the State Constitution. This subparagraph is 205 subject to the Open Government Sunset Review Act in accordance 206 with s. 119.15 and shall stand repealed on October 2, 2021, 207 unless reviewed and saved from repeal through reenactment by the 208 Legislature. 209 Section 4. Subsection (2) of section 171.205, Florida 210 Statutes, is amended to read: 211 171.205 Consent requirements for annexation of land under 212 this part.—Notwithstanding part I, an interlocal service 213 boundary agreement may provide a process for annexation 214 consistent with this section or with part I. 215 (2) If the area to be annexed includes a privately owned 216 solid waste disposal facility as defined in s. 403.703 217403.703(33)which receives municipal solid waste collected 218 within the jurisdiction of multiple local governments, the 219 annexing municipality must set forth in its plan the effects 220 that the annexation of the solid waste disposal facility will 221 have on the other local governments. The plan must also indicate 222 that the owner of the affected solid waste disposal facility has 223 been contacted in writing concerning the annexation, that an 224 agreement between the annexing municipality and the solid waste 225 disposal facility to govern the operations of the solid waste 226 disposal facility if the annexation occurs has been approved, 227 and that the owner of the solid waste disposal facility does not 228 object to the proposed annexation. 229 Section 5. Subsection (28) of section 316.003, Florida 230 Statutes, is amended to read: 231 316.003 Definitions.—The following words and phrases, when 232 used in this chapter, shall have the meanings respectively 233 ascribed to them in this section, except where the context 234 otherwise requires: 235 (28) HAZARDOUS MATERIAL.—Any substance or material which 236 has been determined by the secretary of the United States 237 Department of Transportation to be capable of imposing an 238 unreasonable risk to health, safety, and property. This term 239 includes hazardous waste as defined in s. 403.703403.703(13). 240 Section 6. Paragraph (f) of subsection (2) of section 241 377.709, Florida Statutes, is amended to read: 242 377.709 Funding by electric utilities of local governmental 243 solid waste facilities that generate electricity.— 244 (2) DEFINITIONS.—As used in this section, the term: 245 (f) “Solid waste facility” means a facility owned or 246 operated by, or on behalf of, a local government for the purpose 247 of disposing of solid waste, asthat term isdefined in s. 248 403.703403.703(32), by any process that produces heat and 249 incorporates, as a part of the facility, the means of converting 250 heat to electrical energy in amounts greater than actually 251 required for the operation of the facility. 252 Section 7. Subsection (1) of section 487.048, Florida 253 Statutes, is amended to read: 254 487.048 Dealer’s license; records.— 255 (1) Each person holding or offering for sale, selling, or 256 distributing restricted-use pesticides must obtain a dealer’s 257 license from the department. Application for the license shall 258 be filed with the department by using a form prescribed by the 259 department or by using the department’s website. The license 260 must be obtained before entering into business or transferring 261 ownership of a business. The department may require examination 262 or other proof of competency of individuals to whom licenses are 263 issued or of individuals employed by persons to whom licenses 264 are issued. Demonstration of continued competency may be 265 required for license renewal, as set by rule. The license shall 266 be renewed annually as provided by rule. An annual license fee 267 not exceeding $250 shall be established by rule. However, a user 268 of a restricted-use pesticide may distribute unopened containers 269 of a properly labeled pesticide to another user who is legally 270 entitled to use that restricted-use pesticide without obtaining 271 a pesticide dealer license. The exclusive purpose of 272 distribution of the restricted-use pesticide is to keep it from 273 becoming a hazardous waste as defined in s. 403.703403.703(13). 274 Section 8. This act shall take effect July 1, 2017. 275 276 ================= T I T L E A M E N D M E N T ================ 277 And the title is amended as follows: 278 Delete everything before the enacting clause 279 and insert: 280 A bill to be entitled 281 An act relating to resource recovery and management; 282 amending s. 403.703, F.S.; revising definitions; 283 defining the terms “gasification,” “post-use polymer,” 284 “pyrolysis,” and “pyrolysis facility”; amending s. 285 403.7045, F.S.; providing that certain pyrolysis 286 facilities are exempt from certain resource recovery 287 regulations; conforming a cross-reference; amending s. 288 403.7046, F.S.; authorizing recovered materials 289 dealers to use pyrolysis facilities for recovered 290 materials processing; amending ss. 171.205, 316.003, 291 377.709, and 487.048, F.S.; conforming cross 292 references; providing an effective date.