Florida Senate - 2017                                    SB 1104
       By Senator Perry
       8-00452-17                                            20171104__
    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 to fuels, chemicals,
    5         and feedstocks,” “post-use polymers,” “pyrolysis,” and
    6         “pyrolysis facility”; amending s. 403.7045, F.S.;
    7         providing that materials recovered via pyrolysis or
    8         gasification to fuels, chemicals, and feedstocks are
    9         to be considered used or reused materials; conforming
   10         a cross-reference; amending ss. 171.205, 316.003,
   11         377.709, and 487.048, F.S.; conforming cross
   12         references; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Present sections (10) through (22) of section
   17  403.703, Florida Statutes, are redesignated as sections (11)
   18  through (23), respectively, present section (23) of that section
   19  is redesignated as section (25), present sections (24) through
   20  (43) of that section are redesignated as sections (28) through
   21  (47), respectively, new subsections (10), (24), (26), and (27)
   22  are added to that section, and present subsections (24), (25),
   23  (27), and (32) of that section are amended, to read:
   24         403.703 Definitions.—As used in this part, the term:
   25         (10)“Gasification to fuels, chemicals, and feedstocks”
   26  means a process through which post-use polymers are heated in an
   27  oxygen-deficient atmosphere and converted to synthesis gas,
   28  which can be converted into fuels such as ethanol or into
   29  chemical feedstocks.
   30         (24)“Post-use polymers” means polymers that are derived
   31  from domestic, commercial, or municipal activities, or other
   32  activity sources, polymers that are recycled in commercial
   33  markets, or polymers that might otherwise become a waste, and
   34  where such polymers are processed through pyrolysis or
   35  gasification to manufacture crude oil, fuels, or other valuable
   36  final or intermediate products. Post-use polymers may contain
   37  incidental contaminants such as, but not limited to, paper
   38  labels on plastic bottles and metal rings on plastic bottle
   39  caps. Post-use polymers shall be considered recovered materials.
   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 are then cooled, condensed, and
   43  converted into crude oil or refined into fuels, including, but
   44  not limited to, diesel fuel, gasoline, and home heating oil;
   45  naphtha and other feedstocks; diesel fuel and gasoline
   46  blendstocks; or chemicals, waxes, lubricants, or other raw
   47  materials, intermediates, or final products.
   48         (27)“Pyrolysis facility” means a facility that collects,
   49  separates, or stores post-use polymers and converts them into
   50  fuels or other valuable final or intermediate products using a
   51  pyrolysis or gasification to fuels, chemicals, and feedstocks
   52  process. A pyrolysis facility is not a solid waste management
   53  facility.
   54         (28)(24) “Recovered materials” means metal, paper, glass,
   55  plastic, textile, or rubber materials that have known recycling
   56  potential, can be feasibly recycled, and have been diverted and
   57  source separated or have been removed from the solid waste
   58  stream for sale, use, or reuse as raw materials, whether or not
   59  the materials require subsequent processing or separation from
   60  each other, but the term does not include materials destined for
   61  any use that constitutes disposal. Recovered materials also
   62  include any post-use polymers that have subsequently been
   63  processed, using pyrolysis or gasification, into fuels,
   64  chemicals, and feedstocks. Recovered materials as described in
   65  this subsection are not solid waste.
   66         (29)(25) “Recovered materials processing facility” means a
   67  facility engaged solely in the storage, processing, recycling,
   68  resale, or reuse of recovered materials. This term shall also
   69  include pyrolysis facilities. A recovered materials processing
   70  Such a facility is not a solid waste management facility if it
   71  meets the conditions of s. 403.7045(1)(e).
   72         (31)(27) “Recycling” means any process by which solid
   73  waste, or materials that would otherwise become solid waste, are
   74  collected, separated, or processed and reused or returned to use
   75  in the form of raw materials, intermediates, or products. Such
   76  raw materials, intermediates, or products shall include, but are
   77  not limited to, crude oil, naphtha, monomers, chemical
   78  feedstocks, fuels, fuel blendstocks, and fuel substitutes.
   79         (36)(32) “Solid waste” means sludge unregulated under the
   80  federal Clean Water Act or Clean Air Act, sludge from a waste
   81  treatment works, water supply treatment plant, or air pollution
   82  control facility, or garbage, rubbish, refuse, special waste, or
   83  other discarded material, including solid, liquid, semisolid, or
   84  contained gaseous material resulting from domestic, industrial,
   85  commercial, mining, agricultural, or governmental operations.
   86  Recovered materials as defined in subsection (28) (24) are not
   87  solid waste.
   88         Section 2. Subsection (1) of section 403.7045, Florida
   89  Statutes, is amended to read:
   90         403.7045 Application of act and integration with other
   91  acts.—
   92         (1) The following wastes or activities may shall not be
   93  regulated pursuant to this act:
   94         (a) Byproduct material, source material, and special
   95  nuclear material, the generation, transportation, disposal,
   96  storage, or treatment of which is regulated under chapter 404 or
   97  the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat. 923,
   98  as amended.;
   99         (b) Suspended solids and dissolved materials in domestic
  100  sewage effluent or irrigation return flows or other discharges
  101  which are point sources subject to permits pursuant to this
  102  chapter or s. 402 of the Clean Water Act, Pub. L. No. 95-217.;
  103         (c) Emissions to the air from a stationary installation or
  104  source regulated under this chapter or the Clean Air Act, Pub.
  105  L. No. 95-95.;
  106         (d) Drilling fluids, produced waters, and other wastes
  107  associated with the exploration for, or development and
  108  production of, crude oil or natural gas which are regulated
  109  under chapter 377.; or
  110         (e) Recovered materials or recovered materials processing
  111  facilities, except as provided in s. 403.7046, if:
  112         1. A majority of the recovered materials at the facility
  113  are demonstrated to be sold, used, or reused within 1 year. For
  114  purposes of this subparagraph, used or reused includes
  115  converting the recovered materials via pyrolysis or gasification
  116  to fuels, chemicals, and feedstocks as defined in s. 403.703.
  117         2. The recovered materials handled by the facility or the
  118  products or byproducts of operations that process recovered
  119  materials are not discharged, deposited, injected, dumped,
  120  spilled, leaked, or placed into or upon any land or water by the
  121  owner or operator of such facility so that such recovered
  122  materials, products or byproducts, or any constituent thereof
  123  may enter other lands or be emitted into the air or discharged
  124  into any waters, including groundwaters, or otherwise enter the
  125  environment such that a threat of contamination in excess of
  126  applicable department standards and criteria is caused.
  127         3. The recovered materials handled by the facility are not
  128  hazardous wastes as defined under s. 403.703, and rules
  129  promulgated pursuant thereto.
  130         4. The facility is registered as required in s. 403.7046.
  131         (f) Industrial byproducts, if:
  132         1. A majority of the industrial byproducts are demonstrated
  133  to be sold, used, or reused within 1 year.
  134         2. The industrial byproducts are not discharged, deposited,
  135  injected, dumped, spilled, leaked, or placed upon any land or
  136  water so that such industrial byproducts, or any constituent
  137  thereof, may enter other lands or be emitted into the air or
  138  discharged into any waters, including groundwaters, or otherwise
  139  enter the environment such that a threat of contamination in
  140  excess of applicable department standards and criteria or a
  141  significant threat to public health is caused.
  142         3. The industrial byproducts are not hazardous wastes as
  143  defined under s. 403.703 and rules adopted under this section.
  145  Sludge from an industrial waste treatment works that meets the
  146  exemption requirements of this paragraph is not solid waste as
  147  defined in s. 403.703(36) s. 403.703(32).
  148         Section 3. Subsection (2) of section 171.205, Florida
  149  Statutes, is amended to read:
  150         171.205 Consent requirements for annexation of land under
  151  this part.—Notwithstanding part I, an interlocal service
  152  boundary agreement may provide a process for annexation
  153  consistent with this section or with part I.
  154         (2) If the area to be annexed includes a privately owned
  155  solid waste disposal facility as defined in s. 403.703(37) s.
  156  403.703(33) which receives municipal solid waste collected
  157  within the jurisdiction of multiple local governments, the
  158  annexing municipality must set forth in its plan the effects
  159  that the annexation of the solid waste disposal facility will
  160  have on the other local governments. The plan must also indicate
  161  that the owner of the affected solid waste disposal facility has
  162  been contacted in writing concerning the annexation, that an
  163  agreement between the annexing municipality and the solid waste
  164  disposal facility to govern the operations of the solid waste
  165  disposal facility if the annexation occurs has been approved,
  166  and that the owner of the solid waste disposal facility does not
  167  object to the proposed annexation.
  168         Section 4. Subsection (28) of section 316.003, Florida
  169  Statutes, is amended to read:
  170         316.003 Definitions.—The following words and phrases, when
  171  used in this chapter, shall have the meanings respectively
  172  ascribed to them in this section, except where the context
  173  otherwise requires:
  174         (28) HAZARDOUS MATERIAL.—Any substance or material which
  175  has been determined by the secretary of the United States
  176  Department of Transportation to be capable of imposing an
  177  unreasonable risk to health, safety, and property. This term
  178  includes hazardous waste as defined in s. 403.703(14) s.
  179  403.703(13).
  180         Section 5. Paragraph (f) of subsection (2) of section
  181  377.709, Florida Statutes, is amended to read:
  182         377.709 Funding by electric utilities of local governmental
  183  solid waste facilities that generate electricity.—
  184         (2) DEFINITIONS.—As used in this section, the term:
  185         (f) “Solid waste facility” means a facility owned or
  186  operated by, or on behalf of, a local government for the purpose
  187  of disposing of solid waste, as that term is defined in s.
  188  403.703(36) s. 403.703(32), by any process that produces heat
  189  and incorporates, as a part of the facility, the means of
  190  converting heat to electrical energy in amounts greater than
  191  actually required for the operation of the facility.
  192         Section 6. Subsection (1) of section 487.048, Florida
  193  Statutes, is amended to read:
  194         487.048 Dealer’s license; records.—
  195         (1) Each person holding or offering for sale, selling, or
  196  distributing restricted-use pesticides must obtain a dealer’s
  197  license from the department. Application for the license shall
  198  be filed with the department by using a form prescribed by the
  199  department or by using the department’s website. The license
  200  must be obtained before entering into business or transferring
  201  ownership of a business. The department may require examination
  202  or other proof of competency of individuals to whom licenses are
  203  issued or of individuals employed by persons to whom licenses
  204  are issued. Demonstration of continued competency may be
  205  required for license renewal, as set by rule. The license shall
  206  be renewed annually as provided by rule. An annual license fee
  207  not exceeding $250 shall be established by rule. However, a user
  208  of a restricted-use pesticide may distribute unopened containers
  209  of a properly labeled pesticide to another user who is legally
  210  entitled to use that restricted-use pesticide without obtaining
  211  a pesticide dealer license. The exclusive purpose of
  212  distribution of the restricted-use pesticide is to keep it from
  213  becoming a hazardous waste as defined in s. 403.703(14) s.
  214  403.703(13).
  215         Section 7. This act shall take effect upon becoming a law.