Bill Text: FL S1104 | 2017 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Resource Recovery and Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2017-05-03 - Laid on Table, companion bill(s) passed, see CS/HB 335 (Ch. 2017-167) [S1104 Detail]
Download: Florida-2017-S1104-Introduced.html
Bill Title: Resource Recovery and Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2017-05-03 - Laid on Table, companion bill(s) passed, see CS/HB 335 (Ch. 2017-167) [S1104 Detail]
Download: Florida-2017-S1104-Introduced.html
Florida Senate - 2017 SB 1104 By Senator Perry 8-00452-17 20171104__ 1 A bill to be entitled 2 An act relating to resource recovery and management; 3 amending s. 403.703, F.S.; revising definitions; 4 defining the terms “gasification to fuels, chemicals, 5 and feedstocks,” “post-use polymers,” “pyrolysis,” and 6 “pyrolysis facility”; amending s. 403.7045, F.S.; 7 providing that materials recovered via pyrolysis or 8 gasification to fuels, chemicals, and feedstocks are 9 to be considered used or reused materials; conforming 10 a cross-reference; amending ss. 171.205, 316.003, 11 377.709, and 487.048, F.S.; conforming cross 12 references; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Present sections (10) through (22) of section 17 403.703, Florida Statutes, are redesignated as sections (11) 18 through (23), respectively, present section (23) of that section 19 is redesignated as section (25), present sections (24) through 20 (43) of that section are redesignated as sections (28) through 21 (47), respectively, new subsections (10), (24), (26), and (27) 22 are added to that section, and present subsections (24), (25), 23 (27), and (32) of that section are amended, to read: 24 403.703 Definitions.—As used in this part, the term: 25 (10) “Gasification to fuels, chemicals, and feedstocks” 26 means a process through which post-use polymers are heated in an 27 oxygen-deficient atmosphere and converted to synthesis gas, 28 which can be converted into fuels such as ethanol or into 29 chemical feedstocks. 30 (24) “Post-use polymers” means polymers that are derived 31 from domestic, commercial, or municipal activities, or other 32 activity sources, polymers that are recycled in commercial 33 markets, or polymers that might otherwise become a waste, and 34 where such polymers are processed through pyrolysis or 35 gasification to manufacture crude oil, fuels, or other valuable 36 final or intermediate products. Post-use polymers may contain 37 incidental contaminants such as, but not limited to, paper 38 labels on plastic bottles and metal rings on plastic bottle 39 caps. Post-use polymers shall be considered recovered materials. 40 (26) “Pyrolysis” means a process through which post-use 41 polymers are heated in the absence of oxygen until melted and 42 thermally decomposed, and are then cooled, condensed, and 43 converted into crude oil or refined into fuels, including, but 44 not limited to, diesel fuel, gasoline, and home heating oil; 45 naphtha and other feedstocks; diesel fuel and gasoline 46 blendstocks; or chemicals, waxes, lubricants, or other raw 47 materials, intermediates, or final products. 48 (27) “Pyrolysis facility” means a facility that collects, 49 separates, or stores post-use polymers and converts them into 50 fuels or other valuable final or intermediate products using a 51 pyrolysis or gasification to fuels, chemicals, and feedstocks 52 process. A pyrolysis facility is not a solid waste management 53 facility. 54 (28)(24)“Recovered materials” means metal, paper, glass, 55 plastic, textile, or rubber materials that have known recycling 56 potential, can be feasibly recycled, and have been diverted and 57 source separated or have been removed from the solid waste 58 stream for sale, use, or reuse as raw materials, whether or not 59 the materials require subsequent processing or separation from 60 each other, but the term does not include materials destined for 61 any use that constitutes disposal. Recovered materials also 62 include any post-use polymers that have subsequently been 63 processed, using pyrolysis or gasification, into fuels, 64 chemicals, and feedstocks. Recovered materials as described in 65 this subsection are not solid waste. 66 (29)(25)“Recovered materials processing facility” means a 67 facility engaged solely in the storage, processing, recycling, 68 resale, or reuse of recovered materials. This term shall also 69 include pyrolysis facilities. A recovered materials processing 70Such afacility is not a solid waste management facilityif it71meets the conditions of s. 403.7045(1)(e). 72 (31)(27)“Recycling” means any process by which solid 73 waste, or materials that would otherwise become solid waste, are 74 collected, separated, or processed and reused or returned to use 75 in the form of raw materials, intermediates, or products. Such 76 raw materials, intermediates, or products shall include, but are 77 not limited to, crude oil, naphtha, monomers, chemical 78 feedstocks, fuels, fuel blendstocks, and fuel substitutes. 79 (36)(32)“Solid waste” means sludge unregulated under the 80 federal Clean Water Act or Clean Air Act, sludge from a waste 81 treatment works, water supply treatment plant, or air pollution 82 control facility, or garbage, rubbish, refuse, special waste, or 83 other discarded material, including solid, liquid, semisolid, or 84 contained gaseous material resulting from domestic, industrial, 85 commercial, mining, agricultural, or governmental operations. 86 Recovered materials as defined in subsection (28)(24)are not 87 solid waste. 88 Section 2. Subsection (1) of section 403.7045, Florida 89 Statutes, is amended to read: 90 403.7045 Application of act and integration with other 91 acts.— 92 (1) The following wastes or activities mayshallnot be 93 regulated pursuant to this act: 94 (a) Byproduct material, source material, and special 95 nuclear material, the generation, transportation, disposal, 96 storage, or treatment of which is regulated under chapter 404 or 97 the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat. 923, 98 as amended.;99 (b) Suspended solids and dissolved materials in domestic 100 sewage effluent or irrigation return flows or other discharges 101 which are point sources subject to permits pursuant to this 102 chapter or s. 402 of the Clean Water Act, Pub. L. No. 95-217.;103 (c) Emissions to the air from a stationary installation or 104 source regulated under this chapter or the Clean Air Act, Pub. 105 L. No. 95-95.;106 (d) Drilling fluids, produced waters, and other wastes 107 associated with the exploration for, or development and 108 production of, crude oil or natural gas which are regulated 109 under chapter 377.; or110 (e) Recovered materials or recovered materials processing 111 facilities, except as provided in s. 403.7046, if: 112 1. A majority of the recovered materials at the facility 113 are demonstrated to be sold, used, or reused within 1 year. For 114 purposes of this subparagraph, used or reused includes 115 converting the recovered materials via pyrolysis or gasification 116 to fuels, chemicals, and feedstocks as defined in s. 403.703. 117 2. The recovered materials handled by the facility or the 118 products or byproducts of operations that process recovered 119 materials are not discharged, deposited, injected, dumped, 120 spilled, leaked, or placed into or upon any land or water by the 121 owner or operator of such facility so that such recovered 122 materials, products or byproducts, or any constituent thereof 123 may enter other lands or be emitted into the air or discharged 124 into any waters, including groundwaters, or otherwise enter the 125 environment such that a threat of contamination in excess of 126 applicable department standards and criteria is caused. 127 3. The recovered materials handled by the facility are not 128 hazardous wastes as defined under s. 403.703, and rules 129 promulgated pursuant thereto. 130 4. The facility is registered as required in s. 403.7046. 131 (f) Industrial byproducts, if: 132 1. A majority of the industrial byproducts are demonstrated 133 to be sold, used, or reused within 1 year. 134 2. The industrial byproducts are not discharged, deposited, 135 injected, dumped, spilled, leaked, or placed upon any land or 136 water so that such industrial byproducts, or any constituent 137 thereof, may enter other lands or be emitted into the air or 138 discharged into any waters, including groundwaters, or otherwise 139 enter the environment such that a threat of contamination in 140 excess of applicable department standards and criteria or a 141 significant threat to public health is caused. 142 3. The industrial byproducts are not hazardous wastes as 143 defined under s. 403.703 and rules adopted under this section. 144 145 Sludge from an industrial waste treatment works that meets the 146 exemption requirements of this paragraph is not solid waste as 147 defined in s. 403.703(36)s. 403.703(32). 148 Section 3. Subsection (2) of section 171.205, Florida 149 Statutes, is amended to read: 150 171.205 Consent requirements for annexation of land under 151 this part.—Notwithstanding part I, an interlocal service 152 boundary agreement may provide a process for annexation 153 consistent with this section or with part I. 154 (2) If the area to be annexed includes a privately owned 155 solid waste disposal facility as defined in s. 403.703(37)s.156403.703(33)which receives municipal solid waste collected 157 within the jurisdiction of multiple local governments, the 158 annexing municipality must set forth in its plan the effects 159 that the annexation of the solid waste disposal facility will 160 have on the other local governments. The plan must also indicate 161 that the owner of the affected solid waste disposal facility has 162 been contacted in writing concerning the annexation, that an 163 agreement between the annexing municipality and the solid waste 164 disposal facility to govern the operations of the solid waste 165 disposal facility if the annexation occurs has been approved, 166 and that the owner of the solid waste disposal facility does not 167 object to the proposed annexation. 168 Section 4. Subsection (28) of section 316.003, Florida 169 Statutes, is amended to read: 170 316.003 Definitions.—The following words and phrases, when 171 used in this chapter, shall have the meanings respectively 172 ascribed to them in this section, except where the context 173 otherwise requires: 174 (28) HAZARDOUS MATERIAL.—Any substance or material which 175 has been determined by the secretary of the United States 176 Department of Transportation to be capable of imposing an 177 unreasonable risk to health, safety, and property. This term 178 includes hazardous waste as defined in s. 403.703(14)s.179403.703(13). 180 Section 5. Paragraph (f) of subsection (2) of section 181 377.709, Florida Statutes, is amended to read: 182 377.709 Funding by electric utilities of local governmental 183 solid waste facilities that generate electricity.— 184 (2) DEFINITIONS.—As used in this section, the term: 185 (f) “Solid waste facility” means a facility owned or 186 operated by, or on behalf of, a local government for the purpose 187 of disposing of solid waste, as that term is defined in s. 188 403.703(36)s. 403.703(32), by any process that produces heat 189 and incorporates, as a part of the facility, the means of 190 converting heat to electrical energy in amounts greater than 191 actually required for the operation of the facility. 192 Section 6. Subsection (1) of section 487.048, Florida 193 Statutes, is amended to read: 194 487.048 Dealer’s license; records.— 195 (1) Each person holding or offering for sale, selling, or 196 distributing restricted-use pesticides must obtain a dealer’s 197 license from the department. Application for the license shall 198 be filed with the department by using a form prescribed by the 199 department or by using the department’s website. The license 200 must be obtained before entering into business or transferring 201 ownership of a business. The department may require examination 202 or other proof of competency of individuals to whom licenses are 203 issued or of individuals employed by persons to whom licenses 204 are issued. Demonstration of continued competency may be 205 required for license renewal, as set by rule. The license shall 206 be renewed annually as provided by rule. An annual license fee 207 not exceeding $250 shall be established by rule. However, a user 208 of a restricted-use pesticide may distribute unopened containers 209 of a properly labeled pesticide to another user who is legally 210 entitled to use that restricted-use pesticide without obtaining 211 a pesticide dealer license. The exclusive purpose of 212 distribution of the restricted-use pesticide is to keep it from 213 becoming a hazardous waste as defined in s. 403.703(14)s.214403.703(13). 215 Section 7. This act shall take effect upon becoming a law.