Bill Text: FL S1104 | 2017 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2017 CS for SB 1104 By the Committee on Environmental Preservation and Conservation; and Senator Perry 592-03010-17 20171104c1 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,” “post-use polymer,” 5 “pyrolysis,” and “pyrolysis facility”; amending s. 6 403.7045, F.S.; providing that certain pyrolysis 7 facilities are exempt from certain resource recovery 8 regulations; conforming a cross-reference; amending s. 9 403.7046, F.S.; authorizing recovered materials 10 dealers to use pyrolysis facilities for recovered 11 materials processing; amending ss. 171.205, 316.003, 12 377.709, and 487.048, F.S.; conforming cross 13 references; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Present subsections (2) and (3) of section 18 403.703, Florida Statutes, are redesignated as subsections (3) 19 and (2), respectively, present subsections (10) through (22) of 20 that section are redesignated as subsections (11) through (23), 21 respectively, present subsection (23) of that section is 22 redesignated as subsection (25), present subsections (24) 23 through (43) of that section are redesignated as subsections 24 (28) through (47), respectively, present subsections (27), (32), 25 and (35) of that section are amended, and new subsections (10), 26 (24), (26), and (27) are added to that section, to read: 27 403.703 Definitions.—As used in this part, the term: 28 (10) “Gasification” means a process through which post-use 29 polymers are heated and converted to synthesis gas in an oxygen 30 deficient atmosphere, and then converted to crude oil, fuels, or 31 chemical feedstocks. 32 (24) “Post-use polymer” means a plastic polymer that is 33 derived from any domestic, commercial, or municipal activity; 34 that is not recycled in commercial markets; and may otherwise 35 become waste if not converted to manufacture crude oil, fuels, 36 or other raw materials or intermediate or final products using 37 gasification or pyrolysis. A post-use polymer may contain 38 incidental contaminants or impurities such as paper labels or 39 metal rings. 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 then cooled, condensed, and converted 43 to: 44 (a) Crude oil, diesel, gasoline, home heating oil, or 45 another fuel; 46 (b) Feedstocks; 47 (c) Diesel and gasoline blendstocks; 48 (d) Chemicals, waxes, or lubricants; or 49 (e) Other raw materials or intermediate or final products. 50 (27) “Pyrolysis facility” means a facility that receives, 51 separates, stores, and converts post-use polymers, using 52 gasification or pyrolysis. A pyrolysis facility meeting the 53 conditions of s. 403.7045(1)(e) is not a solid waste management 54 facility. 55 (31)(27)“Recycling” means any process by which solid 56 waste, or materials that would otherwise become solid waste, are 57 collected, separated, or processed and reused or returned to use 58 in the form of raw materials or intermediate or final products. 59 Such raw materials or intermediate or final products may 60 include, but are not limited to, crude oil, fuels, and fuel 61 substitutes. 62 (36)(32)“Solid waste” means sludge unregulated under the 63 federal Clean Water Act or Clean Air Act, sludge from a waste 64 treatment works, water supply treatment plant, or air pollution 65 control facility, or garbage, rubbish, refuse, special waste, or 66 other discarded material, including solid, liquid, semisolid, or 67 contained gaseous material resulting from domestic, industrial, 68 commercial, mining, agricultural, or governmental operations. 69 Recovered materials as defined in subsection (28)(24)are not 70 solid waste. 71 (39)(35)“Solid waste management facility” means any solid 72 waste disposal area, volume reduction plant, transfer station, 73 materials recovery facility, or other facility, the purpose of 74 which is resource recovery or the disposal, recycling, 75 processing, or storage of solid waste. The term does not include 76 recovered materials processing facilities or pyrolysis 77 facilities that meet the requirements of s. 403.7046, except the 78 portion of such facilities, if any, which is used for the 79 management of solid waste. 80 Section 2. Subsection (1) of section 403.7045, Florida 81 Statutes, is amended to read: 82 403.7045 Application of act and integration with other 83 acts.— 84 (1) The following wastes or activities mayshallnot be 85 regulated pursuant to this act: 86 (a) Byproduct material, source material, and special 87 nuclear material, the generation, transportation, disposal, 88 storage, or treatment of which is regulated under chapter 404 or 89 the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat. 923, 90 as amended; 91 (b) Suspended solids and dissolved materials in domestic 92 sewage effluent or irrigation return flows or other discharges 93 which are point sources subject to permits pursuant to this 94 chapter or s. 402 of the Clean Water Act, Pub. L. No. 95-217; 95 (c) Emissions to the air from a stationary installation or 96 source regulated under this chapter or the Clean Air Act, Pub. 97 L. No. 95-95; 98 (d) Drilling fluids, produced waters, and other wastes 99 associated with the exploration for, or development and 100 production of, crude oil or natural gas which are regulated 101 under chapter 377; or 102 (e) Recovered materials,orrecovered materials processing 103 facilities, or pyrolysis facilities, except as provided in s. 104 403.7046, if: 105 1. A majority of the recovered materials at the facility 106 are demonstrated to be sold, used, or reused within 1 year. As 107 used in this subparagraph, the terms “used” or “reused” include, 108 but are not limited to, the conversion of post-use polymers into 109 crude oil, fuels, feedstocks, or other raw materials or 110 intermediate or final products by gasification or pyrolysis. 111 2. The recovered materials handled by the facility or the 112 products or byproducts of operations that process recovered 113 materials are not discharged, deposited, injected, dumped, 114 spilled, leaked, or placed into or upon any land or water by the 115 owner or operator of thesuchfacility so that thesuch116 recovered materials, products or byproducts, or any constituent 117 thereof may enter other lands or be emitted into the air or 118 discharged into any waters, including groundwaters, or otherwise 119 enter the environment such that a threat of contamination in 120 excess of applicable department standards and criteria is 121 caused. 122 3. The recovered materials handled by the facility are not 123 hazardous wastes as defined inunders. 403.703,and in rules 124 adopted under this sectionpromulgated pursuant thereto. 125 4. The facility is registered as required in s. 403.7046. 126 (f) Industrial byproducts, if: 127 1. A majority of the industrial byproducts are demonstrated 128 to be sold, used, or reused within 1 year. 129 2. The industrial byproducts are not discharged, deposited, 130 injected, dumped, spilled, leaked, or placed upon any land or 131 water so that such industrial byproducts, or any constituent 132 thereof, may enter other lands or be emitted into the air or 133 discharged into any waters, including groundwaters, or otherwise 134 enter the environment such that a threat of contamination in 135 excess of applicable department standards and criteria or a 136 significant threat to public health is caused. 137 3. The industrial byproducts are not hazardous wastes as 138 defined inunders. 403.703 and in rules adopted under this 139 section. 140 141 Sludge from an industrial waste treatment works that meets the 142 exemption requirements of this paragraph is not solid waste as 143 defined in s. 403.703403.703(32). 144 Section 3. Paragraph (b) of subsection (3) of section 145 403.7046, Florida Statutes, is amended to read: 146 403.7046 Regulation of recovered materials.— 147 (3) Except as otherwise provided in this section or 148 pursuant to a special act in effect on or before January 1, 149 1993, a local government may not require a commercial 150 establishment that generates source-separated recovered 151 materials to sell or otherwise convey its recovered materials to 152 the local government or to a facility designated by the local 153 government, nor may the local government restrict such a 154 generator’s right to sell or otherwise convey such recovered 155 materials to any properly certified recovered materials dealer 156 who has satisfied the requirements of this section. A local 157 government may not enact any ordinance that prevents such a 158 dealer from entering into a contract with a commercial 159 establishment to purchase, collect, transport, process, or 160 receive source-separated recovered materials. 161 (b)1. Before engaging in business within the jurisdiction 162 of the local government, a recovered materials dealer must 163 provide the local government with a copy of the certification 164 provided for in this section. In addition, the local government 165 may establish a registration process whereby a recovered 166 materials dealer must register with the local government before 167 engaging in business within the jurisdiction of the local 168 government. Such registration process is limited to requiring 169 the dealer to register its name, including the owner or operator 170 of the dealer, and, if the dealer is a business entity, its 171 general or limited partners, its corporate officers and 172 directors, its permanent place of business, evidence of its 173 certification under this section, and a certification that the 174 recovered materials will be processed at a recovered materials 175 processing facility or pyrolysis facility satisfying the 176 requirements of this section. The local government may not use 177 the information provided in the registration application to 178 compete unfairly with the recovered materials dealer until 90 179 days after receipt of the application. All counties, and 180 municipalities whose population exceeds 35,000 according to the 181 population estimates determined pursuant to s. 186.901, may 182 establish a reporting process that must be limited to the 183 regulations, reporting format, and reporting frequency 184 established by the department pursuant to this section, which 185 must, at a minimum, include requiring the dealer to identify the 186 types and approximate amount of recovered materials collected, 187 recycled, or reused during the reporting period; the approximate 188 percentage of recovered materials reused, stored, or delivered 189 to a recovered materials processing facility or pyrolysis 190 facility or disposed of in a solid waste disposal facility; and 191 the locations where any recovered materials were disposed of as 192 solid waste. The local government may charge the dealer a 193 registration fee commensurate with and no greater than the cost 194 incurred by the local government in operating its registration 195 program. Registration program costs are limited to those costs 196 associated with the activities described in this subparagraph. 197 Any reporting or registration process established by a local 198 government with regard to recovered materials is governed by 199 this section and department rules adopted pursuant thereto. 200 2. Information reported under this subsection which, if 201 disclosed, would reveal a trade secret, as defined in s. 202 812.081, is confidential and exempt from s. 119.07(1) and s. 203 24(a), Art. I of the State Constitution. This subparagraph is 204 subject to the Open Government Sunset Review Act in accordance 205 with s. 119.15 and shall stand repealed on October 2, 2021, 206 unless reviewed and saved from repeal through reenactment by the 207 Legislature. 208 Section 4. Subsection (2) of section 171.205, Florida 209 Statutes, is amended to read: 210 171.205 Consent requirements for annexation of land under 211 this part.—Notwithstanding part I, an interlocal service 212 boundary agreement may provide a process for annexation 213 consistent with this section or with part I. 214 (2) If the area to be annexed includes a privately owned 215 solid waste disposal facility as defined in s. 403.703 216403.703(33)which receives municipal solid waste collected 217 within the jurisdiction of multiple local governments, the 218 annexing municipality must set forth in its plan the effects 219 that the annexation of the solid waste disposal facility will 220 have on the other local governments. The plan must also indicate 221 that the owner of the affected solid waste disposal facility has 222 been contacted in writing concerning the annexation, that an 223 agreement between the annexing municipality and the solid waste 224 disposal facility to govern the operations of the solid waste 225 disposal facility if the annexation occurs has been approved, 226 and that the owner of the solid waste disposal facility does not 227 object to the proposed annexation. 228 Section 5. Subsection (28) of section 316.003, Florida 229 Statutes, is amended to read: 230 316.003 Definitions.—The following words and phrases, when 231 used in this chapter, shall have the meanings respectively 232 ascribed to them in this section, except where the context 233 otherwise requires: 234 (28) HAZARDOUS MATERIAL.—Any substance or material which 235 has been determined by the secretary of the United States 236 Department of Transportation to be capable of imposing an 237 unreasonable risk to health, safety, and property. This term 238 includes hazardous waste as defined in s. 403.703403.703(13). 239 Section 6. Paragraph (f) of subsection (2) of section 240 377.709, Florida Statutes, is amended to read: 241 377.709 Funding by electric utilities of local governmental 242 solid waste facilities that generate electricity.— 243 (2) DEFINITIONS.—As used in this section, the term: 244 (f) “Solid waste facility” means a facility owned or 245 operated by, or on behalf of, a local government for the purpose 246 of disposing of solid waste, asthat term isdefined in s. 247 403.703403.703(32), by any process that produces heat and 248 incorporates, as a part of the facility, the means of converting 249 heat to electrical energy in amounts greater than actually 250 required for the operation of the facility. 251 Section 7. Subsection (1) of section 487.048, Florida 252 Statutes, is amended to read: 253 487.048 Dealer’s license; records.— 254 (1) Each person holding or offering for sale, selling, or 255 distributing restricted-use pesticides must obtain a dealer’s 256 license from the department. Application for the license shall 257 be filed with the department by using a form prescribed by the 258 department or by using the department’s website. The license 259 must be obtained before entering into business or transferring 260 ownership of a business. The department may require examination 261 or other proof of competency of individuals to whom licenses are 262 issued or of individuals employed by persons to whom licenses 263 are issued. Demonstration of continued competency may be 264 required for license renewal, as set by rule. The license shall 265 be renewed annually as provided by rule. An annual license fee 266 not exceeding $250 shall be established by rule. However, a user 267 of a restricted-use pesticide may distribute unopened containers 268 of a properly labeled pesticide to another user who is legally 269 entitled to use that restricted-use pesticide without obtaining 270 a pesticide dealer license. The exclusive purpose of 271 distribution of the restricted-use pesticide is to keep it from 272 becoming a hazardous waste as defined in s. 403.703403.703(13). 273 Section 8. This act shall take effect July 1, 2017. 274