Bill Text: FL S1258 | 2023 | Regular Session | Comm Sub

Bill Title: Use of Phosphogypsum

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced) 2023-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1191 (Ch. 2023-311) [S1258 Detail]

Download: Florida-2023-S1258-Comm_Sub.html
       Florida Senate - 2023                      CS for CS for SB 1258
       By the Committees on Fiscal Policy; and Transportation; and
       Senators Trumbull, Burgess, Gruters, and Ingoglia
       594-03813-23                                          20231258c2
    1                        A bill to be entitled                      
    2         An act relating to the use of phosphogypsum; amending
    3         s. 336.044, F.S.; authorizing the Department of
    4         Transportation to undertake demonstration projects
    5         using phosphogypsum in road construction aggregate
    6         material to determine its feasibility as a paving
    7         material; creating s. 337.02611, F.S.; requiring the
    8         department to conduct a study on the suitability of
    9         using phosphogypsum as a construction aggregate
   10         material; providing requirements for the study;
   11         providing that such materials may be used as a
   12         construction aggregate material in accordance with
   13         specified regulations if the department determines it
   14         suitable for such use; amending s. 403.7045, F.S.;
   15         prohibiting phosphogypsum from being regulated as
   16         solid waste if used in accordance with an allowed use
   17         under specified federal regulations and approvals;
   18         providing that phosphogypsum may be placed in stack
   19         systems permitted by the department; providing an
   20         effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Subsection (2) of section 336.044, Florida
   25  Statutes, is amended to read:
   26         336.044 Use of recyclable materials in construction.—
   27         (2) The Legislature declares it to be in the public
   28  interest to find alternative ways to use certain recyclable
   29  materials that currently are part of the solid waste stream and
   30  that contribute to problems of declining space in landfills. To
   31  determine the feasibility of using certain recyclable materials
   32  for paving materials, the department may undertake demonstration
   33  projects using all of the following materials in road
   34  construction:
   35         (a) Ground rubber from automobile tires in road resurfacing
   36  or subbase materials for roads.;
   37         (b) Ash residue from coal combustion byproducts for
   38  concrete and ash residue from waste incineration facilities and
   39  oil combustion byproducts for subbase material.;
   40         (c) Recycled mixed-plastic material for guardrail posts or
   41  right-of-way fence posts.;
   42         (d) Construction steel, including reinforcing rods and I
   43  beams, manufactured from scrap metals disposed of in the state.;
   44  and
   45         (e) Glass, and glass aggregates.
   46         (f)Phosphogypsum from phosphate production in road
   47  construction aggregate material.
   48         Section 2. Section 337.02611, Florida Statutes, is created
   49  to read:
   50         337.02611 Phosphogypsum as a construction aggregate
   51  material; study.—
   52         (1)The department shall conduct a study to evaluate the
   53  suitability of using phosphogypsum as a construction aggregate
   54  material as defined in s. 337.0261(1). The department may
   55  consider any prior or ongoing studies of phosphogypsum’s road
   56  suitability in the fulfillment of this duty. The study and a
   57  determination of suitability must be completed by April 1, 2024.
   58         (2)Upon a determination of suitability by the department,
   59  phosphogypsum from phosphate production may be used as a
   60  construction aggregate material in accordance with the
   61  conditions of the United States Environmental Protection Agency
   62  approval for the use.
   63         Section 3. Paragraph (f) of subsection (1) of section
   64  403.7045, Florida Statutes, is amended to read:
   65         403.7045 Application of act and integration with other
   66  acts.—
   67         (1) The following wastes or activities may not be regulated
   68  pursuant to this act:
   69         (f) Industrial byproducts, if:
   70         1. A majority of the industrial byproducts are demonstrated
   71  to be sold, used, or reused within 1 year;.
   72         2. The industrial byproducts are not discharged, deposited,
   73  injected, dumped, spilled, leaked, or placed upon any land or
   74  water so that such industrial byproducts, or any constituent
   75  thereof, may enter other lands or be emitted into the air or
   76  discharged into any waters, including groundwaters, or otherwise
   77  enter the environment such that a threat of contamination in
   78  excess of applicable department standards and criteria or a
   79  significant threat to public health is caused; and.
   80         3. The industrial byproducts are not hazardous wastes as
   81  defined in s. 403.703 and rules adopted under this section.
   83  Sludge from an industrial waste treatment works that meets the
   84  exemption requirements of this paragraph is not solid waste as
   85  defined in s. 403.703. Phosphogypsum used in accordance with an
   86  allowed use expressly specified in United States Environmental
   87  Protection Agency regulations or pursuant to an express United
   88  States Environmental Protection Agency approval for the specific
   89  use is not solid waste as defined in s. 403.703 and shall be an
   90  allowed use in this state. Phosphogypsum may be placed in a
   91  phosphogypsum stack system permitted by the department pursuant
   92  to ss. 403.4154 and 403.4155.
   93         Section 4. This act shall take effect July 1, 2023.