Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1104
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/14/2017           .                                

       Appropriations Subcommittee on the Environment and Natural
       Resources (Perry) recommended the following:
    1         Senate Amendment (with title amendment)
    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 renumbered as subsections (3) and
    7  (2), respectively, subsections (10) through (22) are renumbered
    8  as subsections (11) through (23), respectively, present
    9  subsection (23) is renumbered as subsection (25), present
   10  subsections (24) through (43) are renumbered as subsections (28)
   11  through (47), respectively, present subsections (24), (27),
   12  (32), and (35) are amended, and new subsections (10), (24),
   13  (26), and (27) are added to that section, to read:
   14         403.703 Definitions.—As used in this part, the term:
   15         (10)“Gasification” means a process through which post-use
   16  polymers are heated and converted to synthesis gas in an oxygen
   17  deficient atmosphere, and then converted to crude oil, fuels, or
   18  chemical feedstocks.
   19         (24)“Post-use polymer” means a plastic polymer that is
   20  derived from any domestic, commercial, or municipal activity and
   21  recycled in commercial markets which may otherwise become waste
   22  if not converted to manufacture crude oil, fuels, or other raw
   23  materials or intermediate or final products using gasification
   24  or pyrolysis. As used in this part, a post-use polymer may
   25  contain incidental contaminants or impurities such as paper
   26  labels or metal rings.
   27         (26)“Pyrolysis” means a process through which post-use
   28  polymers are heated in the absence of oxygen until melted and
   29  thermally decomposed, and then cooled, condensed, and converted
   30  to any of the following:
   31         (a)Crude oil, diesel, gasoline, home heating oil, or
   32  another fuel.
   33         (b)Feedstocks.
   34         (c)Diesel and gasoline blendstocks.
   35         (d)Chemicals, waxes, or lubricants.
   36         (e)Other raw materials or intermediate or final products.
   37         (27)“Pyrolysis facility” means a facility that receives,
   38  separates, stores, and converts post-use polymers, using
   39  gasification or pyrolysis. A pyrolysis facility meeting the
   40  conditions of s. 403.7045(1)(e) is not a solid waste management
   41  facility.
   42         (28)(24) “Recovered materials” means metal, paper, glass,
   43  plastic, textile, or rubber materials that have known recycling
   44  potential, can be feasibly recycled, and have been diverted and
   45  source separated or have been removed from the solid waste
   46  stream for sale, use, or reuse as raw materials, regardless of
   47  whether or not the materials require subsequent processing or
   48  separation from each other, and include post-use polymers that
   49  are converted to manufacture crude oil, fuels, or other raw
   50  materials or intermediate or final products using gasification
   51  or pyrolysis. but The term does not include materials destined
   52  for any use that constitutes disposal. As used in this part,
   53  recovered materials do not constitute as described in this
   54  subsection are not solid waste.
   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  including, but not limited to, crude oil, fuels, and fuel
   60  substitutes.
   61         (36)(32) “Solid waste” means sludge unregulated under the
   62  federal Clean Water Act or Clean Air Act, sludge from a waste
   63  treatment works, water supply treatment plant, or air pollution
   64  control facility, or garbage, rubbish, refuse, special waste, or
   65  other discarded material, including solid, liquid, semisolid, or
   66  contained gaseous material resulting from domestic, industrial,
   67  commercial, mining, agricultural, or governmental operations.
   68  Recovered materials as defined in subsection (28) (24) are not
   69  solid waste.
   70         (39)(35) “Solid waste management facility” means any solid
   71  waste disposal area, volume reduction plant, transfer station,
   72  materials recovery facility, or other facility, the purpose of
   73  which is resource recovery or the disposal, recycling,
   74  processing, or storage of solid waste. The term does not include
   75  recovered materials processing facilities or pyrolysis
   76  facilities that meet the requirements of s. 403.7046, except the
   77  portion of such facilities, if any, which is used for the
   78  management of solid waste.
   79         Section 2. Subsection (1) of section 403.7045, Florida
   80  Statutes, is amended to read:
   81         403.7045 Application of act and integration with other
   82  acts.—
   83         (1) The following wastes or activities may shall not be
   84  regulated pursuant to this act:
   85         (a) Byproduct material, source material, and special
   86  nuclear material, the generation, transportation, disposal,
   87  storage, or treatment of which is regulated under chapter 404 or
   88  the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat. 923,
   89  as amended;
   90         (b) Suspended solids and dissolved materials in domestic
   91  sewage effluent or irrigation return flows or other discharges
   92  which are point sources subject to permits pursuant to this
   93  chapter or s. 402 of the Clean Water Act, Pub. L. No. 95-217;
   94         (c) Emissions to the air from a stationary installation or
   95  source regulated under this chapter or the Clean Air Act, Pub.
   96  L. No. 95-95;
   97         (d) Drilling fluids, produced waters, and other wastes
   98  associated with the exploration for, or development and
   99  production of, crude oil or natural gas which are regulated
  100  under chapter 377; or
  101         (e) Recovered materials, or recovered materials processing
  102  facilities, or pyrolysis facilities, except as provided in s.
  103  403.7046, if:
  104         1. A majority of the recovered materials at the facility
  105  are demonstrated to be sold, used, or reused within 1 year. As
  106  used in this subparagraph, the term “used or reused” includes
  107  the conversion of post-use polymers into crude oil, fuels,
  108  feedstocks, or other raw materials or intermediate or final
  109  products by gasification or pyrolysis, as defined in s. 403.703.
  110         2. The recovered materials handled by the facility or the
  111  products or byproducts of operations that process recovered
  112  materials are not discharged, deposited, injected, dumped,
  113  spilled, leaked, or placed into or upon any land or water by the
  114  owner or operator of the such facility so that the such
  115  recovered materials, products or byproducts, or any constituent
  116  thereof may enter other lands or be emitted into the air or
  117  discharged into any waters, including groundwaters, or otherwise
  118  enter the environment such that a threat of contamination in
  119  excess of applicable department standards and criteria is
  120  caused.
  121         3. The recovered materials handled by the facility are not
  122  hazardous wastes as defined in under s. 403.703, and rules
  123  adopted under this section promulgated pursuant thereto.
  124         4. The facility is registered as required in s. 403.7046.
  125         (f) Industrial byproducts, if:
  126         1. A majority of the industrial byproducts are demonstrated
  127  to be sold, used, or reused within 1 year.
  128         2. The industrial byproducts are not discharged, deposited,
  129  injected, dumped, spilled, leaked, or placed upon any land or
  130  water so that such industrial byproducts, or any constituent
  131  thereof, may enter other lands or be emitted into the air or
  132  discharged into any waters, including groundwaters, or otherwise
  133  enter the environment such that a threat of contamination in
  134  excess of applicable department standards and criteria or a
  135  significant threat to public health is caused.
  136         3. The industrial byproducts are not hazardous wastes as
  137  defined in under s. 403.703 and rules adopted under this
  138  section.
  140  Sludge from an industrial waste treatment works that meets the
  141  exemption requirements of this paragraph is not solid waste as
  142  defined in s. 403.703 s. 403.703(32).
  143         Section 3. Paragraph (b) of subsection (3) of section
  144  403.7046, Florida Statutes, is amended to read:
  145         403.7046 Regulation of recovered materials.—
  146         (3) Except as otherwise provided in this section or
  147  pursuant to a special act in effect on or before January 1,
  148  1993, a local government may not require a commercial
  149  establishment that generates source-separated recovered
  150  materials to sell or otherwise convey its recovered materials to
  151  the local government or to a facility designated by the local
  152  government, nor may the local government restrict such a
  153  generator’s right to sell or otherwise convey such recovered
  154  materials to any properly certified recovered materials dealer
  155  who has satisfied the requirements of this section. A local
  156  government may not enact any ordinance that prevents such a
  157  dealer from entering into a contract with a commercial
  158  establishment to purchase, collect, transport, process, or
  159  receive source-separated recovered materials.
  160         (b)1. Before engaging in business within the jurisdiction
  161  of the local government, a recovered materials dealer must
  162  provide the local government with a copy of the certification
  163  provided for in this section. In addition, the local government
  164  may establish a registration process whereby a recovered
  165  materials dealer must register with the local government before
  166  engaging in business within the jurisdiction of the local
  167  government. Such registration process is limited to requiring
  168  the dealer to register its name, including the owner or operator
  169  of the dealer, and, if the dealer is a business entity, its
  170  general or limited partners, its corporate officers and
  171  directors, its permanent place of business, evidence of its
  172  certification under this section, and a certification that the
  173  recovered materials will be processed at a recovered materials
  174  processing facility or pyrolysis facility satisfying the
  175  requirements of this section. The local government may not use
  176  the information provided in the registration application to
  177  compete unfairly with the recovered materials dealer until 90
  178  days after receipt of the application. All counties, and
  179  municipalities whose population exceeds 35,000 according to the
  180  population estimates determined pursuant to s. 186.901, may
  181  establish a reporting process that must be limited to the
  182  regulations, reporting format, and reporting frequency
  183  established by the department pursuant to this section, which
  184  must, at a minimum, include requiring the dealer to identify the
  185  types and approximate amount of recovered materials collected,
  186  recycled, or reused during the reporting period; the approximate
  187  percentage of recovered materials reused, stored, or delivered
  188  to a recovered materials processing facility or pyrolysis
  189  facility or disposed of in a solid waste disposal facility; and
  190  the locations where any recovered materials were disposed of as
  191  solid waste. The local government may charge the dealer a
  192  registration fee commensurate with and no greater than the cost
  193  incurred by the local government in operating its registration
  194  program. Registration program costs are limited to those costs
  195  associated with the activities described in this subparagraph.
  196  Any reporting or registration process established by a local
  197  government with regard to recovered materials is governed by
  198  this section and department rules adopted pursuant thereto.
  199         2. Information reported under this subsection which, if
  200  disclosed, would reveal a trade secret, as defined in s.
  201  812.081, is confidential and exempt from s. 119.07(1) and s.
  202  24(a), Art. I of the State Constitution. This subparagraph is
  203  subject to the Open Government Sunset Review Act in accordance
  204  with s. 119.15 and shall stand repealed on October 2, 2021,
  205  unless reviewed and saved from repeal through reenactment by the
  206  Legislature.
  207         Section 4. Subsection (2) of section 171.205, Florida
  208  Statutes, is amended to read:
  209         171.205 Consent requirements for annexation of land under
  210  this part.—Notwithstanding part I, an interlocal service
  211  boundary agreement may provide a process for annexation
  212  consistent with this section or with part I.
  213         (2) If the area to be annexed includes a privately owned
  214  solid waste disposal facility as defined in s. 403.703 s.
  215  403.703(33) which receives municipal solid waste collected
  216  within the jurisdiction of multiple local governments, the
  217  annexing municipality must set forth in its plan the effects
  218  that the annexation of the solid waste disposal facility will
  219  have on the other local governments. The plan must also indicate
  220  that the owner of the affected solid waste disposal facility has
  221  been contacted in writing concerning the annexation, that an
  222  agreement between the annexing municipality and the solid waste
  223  disposal facility to govern the operations of the solid waste
  224  disposal facility if the annexation occurs has been approved,
  225  and that the owner of the solid waste disposal facility does not
  226  object to the proposed annexation.
  227         Section 5. Subsection (28) of section 316.003, Florida
  228  Statutes, is amended to read:
  229         316.003 Definitions.—The following words and phrases, when
  230  used in this chapter, shall have the meanings respectively
  231  ascribed to them in this section, except where the context
  232  otherwise requires:
  233         (28) HAZARDOUS MATERIAL.—Any substance or material which
  234  has been determined by the secretary of the United States
  235  Department of Transportation to be capable of imposing an
  236  unreasonable risk to health, safety, and property. This term
  237  includes hazardous waste as defined in s. 403.703 s.
  238  403.703(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, as that term is defined in s.
  247  403.703 s. 403.703(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. 403.703 s.
  273  403.703(13).
  274         Section 8. This act shall take effect July 1, 2017.
  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.