Florida Senate - 2017                             CS for SB 1104
       By the Committee on Environmental Preservation and Conservation;
       and Senator Perry
       592-03010-17                                          20171104c1
    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,” “post-use polymer,”
    5         “pyrolysis,” and “pyrolysis facility”; amending s.
    6         403.7045, F.S.; providing that certain pyrolysis
    7         facilities are exempt from certain resource recovery
    8         regulations; conforming a cross-reference; amending s.
    9         403.7046, F.S.; authorizing recovered materials
   10         dealers to use pyrolysis facilities for recovered
   11         materials processing; amending ss. 171.205, 316.003,
   12         377.709, and 487.048, F.S.; conforming cross
   13         references; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Present subsections (2) and (3) of section
   18  403.703, Florida Statutes, are redesignated as subsections (3)
   19  and (2), respectively, present subsections (10) through (22) of
   20  that section are redesignated as subsections (11) through (23),
   21  respectively, present subsection (23) of that section is
   22  redesignated as subsection (25), present subsections (24)
   23  through (43) of that section are redesignated as subsections
   24  (28) through (47), respectively, present subsections (27), (32),
   25  and (35) of that section are amended, and new subsections (10),
   26  (24), (26), and (27) are added to that section, to read:
   27         403.703 Definitions.—As used in this part, the term:
   28         (10)“Gasification” means a process through which post-use
   29  polymers are heated and converted to synthesis gas in an oxygen
   30  deficient atmosphere, and then converted to crude oil, fuels, or
   31  chemical feedstocks.
   32         (24)“Post-use polymer” means a plastic polymer that is
   33  derived from any domestic, commercial, or municipal activity;
   34  that is not recycled in commercial markets; and may otherwise
   35  become waste if not converted to manufacture crude oil, fuels,
   36  or other raw materials or intermediate or final products using
   37  gasification or pyrolysis. A post-use polymer may contain
   38  incidental contaminants or impurities such as paper labels or
   39  metal rings.
   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 then cooled, condensed, and converted
   43  to:
   44         (a)Crude oil, diesel, gasoline, home heating oil, or
   45  another fuel;
   46         (b)Feedstocks;
   47         (c)Diesel and gasoline blendstocks;
   48         (d)Chemicals, waxes, or lubricants; or
   49         (e)Other raw materials or intermediate or final products.
   50         (27)“Pyrolysis facility” means a facility that receives,
   51  separates, stores, and converts post-use polymers, using
   52  gasification or pyrolysis. A pyrolysis facility meeting the
   53  conditions of s. 403.7045(1)(e) is not a solid waste management
   54  facility.
   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  Such raw materials or intermediate or final products may
   60  include, but are not limited to, crude oil, fuels, and fuel
   61  substitutes.
   62         (36)(32) “Solid waste” means sludge unregulated under the
   63  federal Clean Water Act or Clean Air Act, sludge from a waste
   64  treatment works, water supply treatment plant, or air pollution
   65  control facility, or garbage, rubbish, refuse, special waste, or
   66  other discarded material, including solid, liquid, semisolid, or
   67  contained gaseous material resulting from domestic, industrial,
   68  commercial, mining, agricultural, or governmental operations.
   69  Recovered materials as defined in subsection (28) (24) are not
   70  solid waste.
   71         (39)(35) “Solid waste management facility” means any solid
   72  waste disposal area, volume reduction plant, transfer station,
   73  materials recovery facility, or other facility, the purpose of
   74  which is resource recovery or the disposal, recycling,
   75  processing, or storage of solid waste. The term does not include
   76  recovered materials processing facilities or pyrolysis
   77  facilities that meet the requirements of s. 403.7046, except the
   78  portion of such facilities, if any, which is used for the
   79  management of solid waste.
   80         Section 2. Subsection (1) of section 403.7045, Florida
   81  Statutes, is amended to read:
   82         403.7045 Application of act and integration with other
   83  acts.—
   84         (1) The following wastes or activities may shall not be
   85  regulated pursuant to this act:
   86         (a) Byproduct material, source material, and special
   87  nuclear material, the generation, transportation, disposal,
   88  storage, or treatment of which is regulated under chapter 404 or
   89  the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat. 923,
   90  as amended;
   91         (b) Suspended solids and dissolved materials in domestic
   92  sewage effluent or irrigation return flows or other discharges
   93  which are point sources subject to permits pursuant to this
   94  chapter or s. 402 of the Clean Water Act, Pub. L. No. 95-217;
   95         (c) Emissions to the air from a stationary installation or
   96  source regulated under this chapter or the Clean Air Act, Pub.
   97  L. No. 95-95;
   98         (d) Drilling fluids, produced waters, and other wastes
   99  associated with the exploration for, or development and
  100  production of, crude oil or natural gas which are regulated
  101  under chapter 377; or
  102         (e) Recovered materials, or recovered materials processing
  103  facilities, or pyrolysis facilities, except as provided in s.
  104  403.7046, if:
  105         1. A majority of the recovered materials at the facility
  106  are demonstrated to be sold, used, or reused within 1 year. As
  107  used in this subparagraph, the terms “used” or “reused” include,
  108  but are not limited to, the conversion of post-use polymers into
  109  crude oil, fuels, feedstocks, or other raw materials or
  110  intermediate or final products by gasification or pyrolysis.
  111         2. The recovered materials handled by the facility or the
  112  products or byproducts of operations that process recovered
  113  materials are not discharged, deposited, injected, dumped,
  114  spilled, leaked, or placed into or upon any land or water by the
  115  owner or operator of the such facility so that the such
  116  recovered materials, products or byproducts, or any constituent
  117  thereof may enter other lands or be emitted into the air or
  118  discharged into any waters, including groundwaters, or otherwise
  119  enter the environment such that a threat of contamination in
  120  excess of applicable department standards and criteria is
  121  caused.
  122         3. The recovered materials handled by the facility are not
  123  hazardous wastes as defined in under s. 403.703, and in rules
  124  adopted under this section promulgated pursuant thereto.
  125         4. The facility is registered as required in s. 403.7046.
  126         (f) Industrial byproducts, if:
  127         1. A majority of the industrial byproducts are demonstrated
  128  to be sold, used, or reused within 1 year.
  129         2. The industrial byproducts are not discharged, deposited,
  130  injected, dumped, spilled, leaked, or placed upon any land or
  131  water so that such industrial byproducts, or any constituent
  132  thereof, may enter other lands or be emitted into the air or
  133  discharged into any waters, including groundwaters, or otherwise
  134  enter the environment such that a threat of contamination in
  135  excess of applicable department standards and criteria or a
  136  significant threat to public health is caused.
  137         3. The industrial byproducts are not hazardous wastes as
  138  defined in under s. 403.703 and in rules adopted under this
  139  section.
  141  Sludge from an industrial waste treatment works that meets the
  142  exemption requirements of this paragraph is not solid waste as
  143  defined in s. 403.703 403.703(32).
  144         Section 3. Paragraph (b) of subsection (3) of section
  145  403.7046, Florida Statutes, is amended to read:
  146         403.7046 Regulation of recovered materials.—
  147         (3) Except as otherwise provided in this section or
  148  pursuant to a special act in effect on or before January 1,
  149  1993, a local government may not require a commercial
  150  establishment that generates source-separated recovered
  151  materials to sell or otherwise convey its recovered materials to
  152  the local government or to a facility designated by the local
  153  government, nor may the local government restrict such a
  154  generator’s right to sell or otherwise convey such recovered
  155  materials to any properly certified recovered materials dealer
  156  who has satisfied the requirements of this section. A local
  157  government may not enact any ordinance that prevents such a
  158  dealer from entering into a contract with a commercial
  159  establishment to purchase, collect, transport, process, or
  160  receive source-separated recovered materials.
  161         (b)1. Before engaging in business within the jurisdiction
  162  of the local government, a recovered materials dealer must
  163  provide the local government with a copy of the certification
  164  provided for in this section. In addition, the local government
  165  may establish a registration process whereby a recovered
  166  materials dealer must register with the local government before
  167  engaging in business within the jurisdiction of the local
  168  government. Such registration process is limited to requiring
  169  the dealer to register its name, including the owner or operator
  170  of the dealer, and, if the dealer is a business entity, its
  171  general or limited partners, its corporate officers and
  172  directors, its permanent place of business, evidence of its
  173  certification under this section, and a certification that the
  174  recovered materials will be processed at a recovered materials
  175  processing facility or pyrolysis facility satisfying the
  176  requirements of this section. The local government may not use
  177  the information provided in the registration application to
  178  compete unfairly with the recovered materials dealer until 90
  179  days after receipt of the application. All counties, and
  180  municipalities whose population exceeds 35,000 according to the
  181  population estimates determined pursuant to s. 186.901, may
  182  establish a reporting process that must be limited to the
  183  regulations, reporting format, and reporting frequency
  184  established by the department pursuant to this section, which
  185  must, at a minimum, include requiring the dealer to identify the
  186  types and approximate amount of recovered materials collected,
  187  recycled, or reused during the reporting period; the approximate
  188  percentage of recovered materials reused, stored, or delivered
  189  to a recovered materials processing facility or pyrolysis
  190  facility or disposed of in a solid waste disposal facility; and
  191  the locations where any recovered materials were disposed of as
  192  solid waste. The local government may charge the dealer a
  193  registration fee commensurate with and no greater than the cost
  194  incurred by the local government in operating its registration
  195  program. Registration program costs are limited to those costs
  196  associated with the activities described in this subparagraph.
  197  Any reporting or registration process established by a local
  198  government with regard to recovered materials is governed by
  199  this section and department rules adopted pursuant thereto.
  200         2. Information reported under this subsection which, if
  201  disclosed, would reveal a trade secret, as defined in s.
  202  812.081, is confidential and exempt from s. 119.07(1) and s.
  203  24(a), Art. I of the State Constitution. This subparagraph is
  204  subject to the Open Government Sunset Review Act in accordance
  205  with s. 119.15 and shall stand repealed on October 2, 2021,
  206  unless reviewed and saved from repeal through reenactment by the
  207  Legislature.
  208         Section 4. Subsection (2) of section 171.205, Florida
  209  Statutes, is amended to read:
  210         171.205 Consent requirements for annexation of land under
  211  this part.—Notwithstanding part I, an interlocal service
  212  boundary agreement may provide a process for annexation
  213  consistent with this section or with part I.
  214         (2) If the area to be annexed includes a privately owned
  215  solid waste disposal facility as defined in s. 403.703
  216  403.703(33) which receives municipal solid waste collected
  217  within the jurisdiction of multiple local governments, the
  218  annexing municipality must set forth in its plan the effects
  219  that the annexation of the solid waste disposal facility will
  220  have on the other local governments. The plan must also indicate
  221  that the owner of the affected solid waste disposal facility has
  222  been contacted in writing concerning the annexation, that an
  223  agreement between the annexing municipality and the solid waste
  224  disposal facility to govern the operations of the solid waste
  225  disposal facility if the annexation occurs has been approved,
  226  and that the owner of the solid waste disposal facility does not
  227  object to the proposed annexation.
  228         Section 5. Subsection (28) of section 316.003, Florida
  229  Statutes, is amended to read:
  230         316.003 Definitions.—The following words and phrases, when
  231  used in this chapter, shall have the meanings respectively
  232  ascribed to them in this section, except where the context
  233  otherwise requires:
  234         (28) HAZARDOUS MATERIAL.—Any substance or material which
  235  has been determined by the secretary of the United States
  236  Department of Transportation to be capable of imposing an
  237  unreasonable risk to health, safety, and property. This term
  238  includes hazardous waste as defined in s. 403.703 403.703(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  403.703 403.703(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. 403.703 403.703(13).
  273         Section 8. This act shall take effect July 1, 2017.