Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1104
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2017           .                                

       The Committee on Environmental Preservation and Conservation
       (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 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  but The term does not include materials destined for any use
   54  that constitutes disposal. Recovered materials as defined
   55  described in 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 may shall not 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, or recovered 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 the such facility so that the such
  117  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 in under s. 403.703, and in rules
  125  adopted under this section promulgated 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 in under s. 403.703 and in rules adopted under this
  140  section.
  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. 403.703 403.703(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
  217  403.703(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. 403.703 403.703(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, as that term is defined in s.
  248  403.703 403.703(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. 403.703 403.703(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.