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

       Appropriations Subcommittee on the Environment and Natural
       Resources (Perry) recommended the following:
    1         Senate Substitute for Amendment (193212) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Present subsections (2) and (3) of section
    7  403.703, Florida Statutes, are renumbered as subsections (3) and
    8  (2), respectively, present subsections (10) through (22) are
    9  renumbered as subsections (11) through (23), respectively,
   10  subsection (23) is renumbered as subsection (25), present
   11  subsections (24) through (43) are renumbered as subsections (28)
   12  through (47), respectively, present subsections (27), (32), and
   13  (35) are amended, and new subsections (10), (24), (26), and (27)
   14  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 post-use
   17  polymers are heated and converted to synthesis gas in an oxygen
   18  deficient atmosphere, and then converted to crude oil, fuels, or
   19  chemical feedstocks.
   20         (24)“Post-use polymer” means a plastic polymer that is
   21  derived from any domestic, commercial, or municipal activity and
   22  which might otherwise become waste if not converted to
   23  manufacture crude oil, fuels, or other raw materials or
   24  intermediate or final products using gasification or pyrolysis.
   25  As used in this part, post-use polymer may contain incidental
   26  contaminants or impurities, such as paper labels or metal rings.
   27  Post-use polymers intended to be converted as described in this
   28  subsection are not solid waste.
   29         (26)“Pyrolysis” means a process through which post-use
   30  polymers are heated in the absence of oxygen until melted and
   31  thermally decomposed, and then cooled, condensed, and converted
   32  to any of the following:
   33         (a)Crude oil, diesel, gasoline, home heating oil, or
   34  another fuel.
   35         (b)Feedstocks.
   36         (c)Diesel and gasoline blendstocks.
   37         (d)Chemicals, waxes, or lubricants.
   38         (e)Other raw materials or intermediate or final products.
   39         (27)“Pyrolysis facility” means a facility that receives,
   40  separates, stores, and converts post-use polymers, using
   41  gasification or pyrolysis. A pyrolysis facility meeting the
   42  conditions of s. 403.7045(1)(e) is not a solid waste management
   43  facility.
   44         (31)(27) “Recycling” means any process by which solid
   45  waste, or materials that would otherwise become solid waste, are
   46  collected, separated, or processed and reused or returned to use
   47  in the form of raw materials or intermediate or final products.
   48  Such raw materials or intermediate or final products include,
   49  but are not limited to, crude oil, fuels, and fuel substitutes.
   50         (36)(32) “Solid waste” means sludge unregulated under the
   51  federal Clean Water Act or Clean Air Act, sludge from a waste
   52  treatment works, water supply treatment plant, or air pollution
   53  control facility, or garbage, rubbish, refuse, special waste, or
   54  other discarded material, including solid, liquid, semisolid, or
   55  contained gaseous material resulting from domestic, industrial,
   56  commercial, mining, agricultural, or governmental operations.
   57  Recovered materials as defined in subsection (28) and post-use
   58  polymers as defined in subsection (24) are not solid waste.
   59         (39)(35) “Solid waste management facility” means any solid
   60  waste disposal area, volume reduction plant, transfer station,
   61  materials recovery facility, or other facility, the purpose of
   62  which is resource recovery or the disposal, recycling,
   63  processing, or storage of solid waste. The term does not include
   64  recovered materials processing facilities or pyrolysis
   65  facilities that meet the requirements of s. 403.7046, except the
   66  portion of such facilities, if any, which is used for the
   67  management of solid waste.
   68         Section 2. Subsection (1) of section 403.7045, Florida
   69  Statutes, is amended to read:
   70         403.7045 Application of act and integration with other
   71  acts.—
   72         (1) The following wastes or activities may shall not be
   73  regulated pursuant to this act:
   74         (a) Byproduct material, source material, and special
   75  nuclear material, the generation, transportation, disposal,
   76  storage, or treatment of which is regulated under chapter 404 or
   77  the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat. 923,
   78  as amended.;
   79         (b) Suspended solids and dissolved materials in domestic
   80  sewage effluent or irrigation return flows or other discharges
   81  which are point sources subject to permits pursuant to this
   82  chapter or s. 402 of the Clean Water Act, Pub. L. No. 95-217.;
   83         (c) Emissions to the air from a stationary installation or
   84  source regulated under this chapter or the Clean Air Act, Pub.
   85  L. No. 95-95.;
   86         (d) Drilling fluids, produced waters, and other wastes
   87  associated with the exploration for, or development and
   88  production of, crude oil or natural gas which are regulated
   89  under chapter 377,; or
   90         (e) Recovered materials, post-use polymers, or recovered
   91  materials processing facilities, or pyrolysis facilities, except
   92  as provided in s. 403.7046, if:
   93         1. A majority of the recovered materials or post-use
   94  polymers at the facility are demonstrated to be sold, used, or
   95  reused within 1 year. As used in this subparagraph, the terms
   96  “used” or “reused” include, but are not limited to, the
   97  conversion of post-use polymers into crude oil, fuels,
   98  feedstocks, or other raw materials or intermediate or final
   99  products by gasification or pyrolysis, as defined in s. 403.703.
  100         2. The recovered materials or post-use polymers handled by
  101  the facility or the products or byproducts of operations that
  102  process recovered materials or post-use polymers are not
  103  discharged, deposited, injected, dumped, spilled, leaked, or
  104  placed into or upon any land or water by the owner or operator
  105  of the such facility so that the such recovered materials or
  106  post-use polymers, products or byproducts, or any constituent
  107  thereof may enter other lands or be emitted into the air or
  108  discharged into any waters, including groundwaters, or otherwise
  109  enter the environment such that a threat of contamination in
  110  excess of applicable department standards and criteria is
  111  caused.
  112         3. The recovered materials or post-use polymers handled by
  113  the facility are not hazardous wastes as defined in under s.
  114  403.703, and rules adopted under this section promulgated
  115  pursuant thereto.
  116         4. The facility is registered as required in s. 403.7046.
  117         (f) Industrial byproducts, if:
  118         1. A majority of the industrial byproducts are demonstrated
  119  to be sold, used, or reused within 1 year.
  120         2. The industrial byproducts are not discharged, deposited,
  121  injected, dumped, spilled, leaked, or placed upon any land or
  122  water so that such industrial byproducts, or any constituent
  123  thereof, may enter other lands or be emitted into the air or
  124  discharged into any waters, including groundwaters, or otherwise
  125  enter the environment such that a threat of contamination in
  126  excess of applicable department standards and criteria or a
  127  significant threat to public health is caused.
  128         3. The industrial byproducts are not hazardous wastes as
  129  defined in under s. 403.703 and rules adopted under this
  130  section.
  132  Sludge from an industrial waste treatment works that meets the
  133  exemption requirements of this paragraph is not solid waste as
  134  defined in s. 403.703 s. 403.703(32).
  135         Section 3. Subsection (1) of section 403.7046, Florida
  136  Statutes, and paragraph (b) of subsection (3) of that section,
  137  are amended to read:
  138         403.7046 Regulation of recovered materials.—
  139         (1) Any person who handles, purchases, receives, recovers,
  140  sells, or is an end user of recovered materials or post-use
  141  polymers shall annually certify to the department on forms
  142  provided by the department. The department may by rule exempt
  143  from this requirement generators of recovered materials or post
  144  use polymers; persons who handle or sell recovered materials or
  145  post-use polymers as an activity which is incidental to the
  146  normal primary business activities of that person; or persons
  147  who handle, purchase, receive, recover, sell, or are end users
  148  of recovered materials or post-use polymers in small quantities
  149  as defined by the department. The department shall adopt rules
  150  for the certification of and reporting by such persons and shall
  151  establish criteria for revocation of such certification. Such
  152  rules shall be designed to elicit, at a minimum, the amount and
  153  types of recovered materials or post-use polymers handled by
  154  registrants, and the amount and disposal site, or name of person
  155  with whom such disposal was arranged, of any solid waste
  156  generated by such facility. By February 1 of each year,
  157  registrants shall report all required information to the
  158  department and to all counties from which it received materials.
  159  Such rules may provide for the department to conduct periodic
  160  inspections. The department may charge a fee of up to $50 for
  161  each registration, which shall be deposited into the Solid Waste
  162  Management Trust Fund for implementation of the program.
  163         (3) Except as otherwise provided in this section or
  164  pursuant to a special act in effect on or before January 1,
  165  1993, a local government may not require a commercial
  166  establishment that generates source-separated recovered
  167  materials to sell or otherwise convey its recovered materials to
  168  the local government or to a facility designated by the local
  169  government, nor may the local government restrict such a
  170  generator’s right to sell or otherwise convey such recovered
  171  materials to any properly certified recovered materials dealer
  172  who has satisfied the requirements of this section. A local
  173  government may not enact any ordinance that prevents such a
  174  dealer from entering into a contract with a commercial
  175  establishment to purchase, collect, transport, process, or
  176  receive source-separated recovered materials.
  177         (b)1. Before engaging in business within the jurisdiction
  178  of the local government, a recovered materials dealer or
  179  pyrolysis facility must provide the local government with a copy
  180  of the certification provided for in this section. In addition,
  181  the local government may establish a registration process
  182  whereby a recovered materials dealer or pyrolysis facility must
  183  register with the local government before engaging in business
  184  within the jurisdiction of the local government. Such
  185  registration process is limited to requiring the dealer or
  186  pyrolysis facility to register its name, including the owner or
  187  operator of the dealer or pyrolysis facility, and, if the dealer
  188  or pyrolysis facility is a business entity, its general or
  189  limited partners, its corporate officers and directors, its
  190  permanent place of business, evidence of its certification under
  191  this section, and a certification that the recovered materials
  192  or post-use polymers will be processed at a recovered materials
  193  processing facility or pyrolysis facility satisfying the
  194  requirements of this section. The local government may not use
  195  the information provided in the registration application to
  196  compete unfairly with the recovered materials dealer until 90
  197  days after receipt of the application. All counties, and
  198  municipalities whose population exceeds 35,000 according to the
  199  population estimates determined pursuant to s. 186.901, may
  200  establish a reporting process that must be limited to the
  201  regulations, reporting format, and reporting frequency
  202  established by the department pursuant to this section, which
  203  must, at a minimum, include requiring the dealer or pyrolysis
  204  facility to identify the types and approximate amount of
  205  recovered materials or post-use polymers collected, recycled, or
  206  reused during the reporting period; the approximate percentage
  207  of recovered materials or post-use polymers reused, stored, or
  208  delivered to a recovered materials processing facility or
  209  pyrolysis facility or disposed of in a solid waste disposal
  210  facility; and the locations where any recovered materials or
  211  post-use polymers were disposed of as solid waste. The local
  212  government may charge the dealer or pyrolysis facility a
  213  registration fee commensurate with and no greater than the cost
  214  incurred by the local government in operating its registration
  215  program. Registration program costs are limited to those costs
  216  associated with the activities described in this subparagraph.
  217  Any reporting or registration process established by a local
  218  government with regard to recovered materials or post-use
  219  polymers is governed by this section and department rules
  220  adopted pursuant thereto.
  221         2. Information reported under this subsection which, if
  222  disclosed, would reveal a trade secret, as defined in s.
  223  812.081, is confidential and exempt from s. 119.07(1) and s.
  224  24(a), Art. I of the State Constitution. This subparagraph is
  225  subject to the Open Government Sunset Review Act in accordance
  226  with s. 119.15 and shall stand repealed on October 2, 2021,
  227  unless reviewed and saved from repeal through reenactment by the
  228  Legislature.
  229         Section 4. Subsection (2) of section 171.205, Florida
  230  Statutes, is amended to read:
  231         171.205 Consent requirements for annexation of land under
  232  this part.—Notwithstanding part I, an interlocal service
  233  boundary agreement may provide a process for annexation
  234  consistent with this section or with part I.
  235         (2) If the area to be annexed includes a privately owned
  236  solid waste disposal facility as defined in s. 403.703 s.
  237  403.703(33) which receives municipal solid waste collected
  238  within the jurisdiction of multiple local governments, the
  239  annexing municipality must set forth in its plan the effects
  240  that the annexation of the solid waste disposal facility will
  241  have on the other local governments. The plan must also indicate
  242  that the owner of the affected solid waste disposal facility has
  243  been contacted in writing concerning the annexation, that an
  244  agreement between the annexing municipality and the solid waste
  245  disposal facility to govern the operations of the solid waste
  246  disposal facility if the annexation occurs has been approved,
  247  and that the owner of the solid waste disposal facility does not
  248  object to the proposed annexation.
  249         Section 5. Subsection (28) of section 316.003, Florida
  250  Statutes, is amended to read:
  251         316.003 Definitions.—The following words and phrases, when
  252  used in this chapter, shall have the meanings respectively
  253  ascribed to them in this section, except where the context
  254  otherwise requires:
  255         (28) HAZARDOUS MATERIAL.—Any substance or material which
  256  has been determined by the secretary of the United States
  257  Department of Transportation to be capable of imposing an
  258  unreasonable risk to health, safety, and property. This term
  259  includes hazardous waste as defined in s. 403.703 s.
  260  403.703(13).
  261         Section 6. Paragraph (f) of subsection (2) of section
  262  377.709, Florida Statutes, is amended to read:
  263         377.709 Funding by electric utilities of local governmental
  264  solid waste facilities that generate electricity.—
  265         (2) DEFINITIONS.—As used in this section, the term:
  266         (f) “Solid waste facility” means a facility owned or
  267  operated by, or on behalf of, a local government for the purpose
  268  of disposing of solid waste, as that term is defined in s.
  269  403.703 s. 403.703(32), by any process that produces heat and
  270  incorporates, as a part of the facility, the means of converting
  271  heat to electrical energy in amounts greater than actually
  272  required for the operation of the facility.
  273         Section 7. Subsection (1) of section 487.048, Florida
  274  Statutes, is amended to read:
  275         487.048 Dealer’s license; records.—
  276         (1) Each person holding or offering for sale, selling, or
  277  distributing restricted-use pesticides must obtain a dealer’s
  278  license from the department. Application for the license shall
  279  be filed with the department by using a form prescribed by the
  280  department or by using the department’s website. The license
  281  must be obtained before entering into business or transferring
  282  ownership of a business. The department may require examination
  283  or other proof of competency of individuals to whom licenses are
  284  issued or of individuals employed by persons to whom licenses
  285  are issued. Demonstration of continued competency may be
  286  required for license renewal, as set by rule. The license shall
  287  be renewed annually as provided by rule. An annual license fee
  288  not exceeding $250 shall be established by rule. However, a user
  289  of a restricted-use pesticide may distribute unopened containers
  290  of a properly labeled pesticide to another user who is legally
  291  entitled to use that restricted-use pesticide without obtaining
  292  a pesticide dealer license. The exclusive purpose of
  293  distribution of the restricted-use pesticide is to keep it from
  294  becoming a hazardous waste as defined in s. 403.703 s.
  295  403.703(13).
  296         Section 8. This act shall take effect July 1, 2017.
  298  ================= T I T L E  A M E N D M E N T ================
  299  And the title is amended as follows:
  300         Delete everything before the enacting clause
  301  and insert:
  302                        A bill to be entitled                      
  303         An act relating to resource recovery and management;
  304         amending s. 403.703, F.S.; defining the terms
  305         “gasification,” “post-use polymer,” “pyrolysis,” and
  306         “pyrolysis facility” and revising definitions;
  307         amending s. 403.7045, F.S.; providing that certain
  308         pyrolysis facilities are exempt from certain resource
  309         recovery regulations; conforming a cross-reference;
  310         amending s. 403.7046, F.S.; requiring certain handlers
  311         of post-use polymers to certify to the Department of
  312         Environmental Protection; revising rule requirements
  313         relating to such certification; authorizing recovered
  314         materials dealers to use pyrolysis facilities for
  315         recovered materials or post-use polymers processing;
  316         amending ss. 171.205, 316.003, 377.709, and 487.048,
  317         F.S.; conforming cross-references; providing an
  318         effective date.