Florida Senate - 2017                      CS for CS for SB 1104
       By the Committees on Appropriations; and Environmental
       Preservation and Conservation; and Senator Perry
       576-04384-17                                          20171104c2
    1                        A bill to be entitled                      
    2         An act relating to resource recovery and management;
    3         amending s. 403.703, F.S.; defining the terms
    4         “gasification,” “post-use polymer,” “pyrolysis,” and
    5         “pyrolysis facility” and revising definitions;
    6         amending s. 403.7045, F.S.; providing that certain
    7         pyrolysis facilities are exempt from certain resource
    8         recovery regulations; conforming a cross-reference;
    9         amending s. 403.7046, F.S.; requiring certain handlers
   10         of post-use polymers to certify to the Department of
   11         Environmental Protection; revising rule requirements
   12         relating to such certification; authorizing recovered
   13         materials dealers to use pyrolysis facilities for
   14         recovered materials or post-use polymers processing;
   15         amending ss. 171.205, 316.003, 377.709, and 487.048,
   16         F.S.; conforming cross-references; providing an
   17         effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Present subsections (2) and (3) of section
   22  403.703, Florida Statutes, are renumbered as subsections (3) and
   23  (2), respectively, present subsections (10) through (22) are
   24  renumbered as subsections (11) through (23), respectively,
   25  subsection (23) is renumbered as subsection (25), present
   26  subsections (24) through (43) are renumbered as subsections (28)
   27  through (47), respectively, present subsections (27), (32), and
   28  (35) are amended, and new subsections (10), (24), (26), and (27)
   29  are added to that section, to read:
   30         403.703 Definitions.—As used in this part, the term:
   31         (10)“Gasification” means a process through which post-use
   32  polymers are heated and converted to synthesis gas in an oxygen
   33  deficient atmosphere, and then converted to crude oil, fuels, or
   34  chemical feedstocks.
   35         (24)“Post-use polymer” means a plastic polymer that is
   36  derived from any domestic, commercial, or municipal activity and
   37  which might otherwise become waste if not converted to
   38  manufacture crude oil, fuels, or other raw materials or
   39  intermediate or final products using gasification or pyrolysis.
   40  As used in this part, post-use polymer may contain incidental
   41  contaminants or impurities, such as paper labels or metal rings.
   42  Post-use polymers intended to be converted as described in this
   43  subsection are not solid waste.
   44         (26)“Pyrolysis” means a process through which post-use
   45  polymers are heated in the absence of oxygen until melted and
   46  thermally decomposed, and then cooled, condensed, and converted
   47  to any of the following:
   48         (a)Crude oil, diesel, gasoline, home heating oil, or
   49  another fuel.
   50         (b)Feedstocks.
   51         (c)Diesel and gasoline blendstocks.
   52         (d)Chemicals, waxes, or lubricants.
   53         (e)Other raw materials or intermediate or final products.
   54         (27)“Pyrolysis facility” means a facility that receives,
   55  separates, stores, and converts post-use polymers, using
   56  gasification or pyrolysis. A pyrolysis facility meeting the
   57  conditions of s. 403.7045(1)(e) is not a solid waste management
   58  facility.
   59         (31)(27) “Recycling” means any process by which solid
   60  waste, or materials that would otherwise become solid waste, are
   61  collected, separated, or processed and reused or returned to use
   62  in the form of raw materials or intermediate or final products.
   63  Such raw materials or intermediate or final products include,
   64  but are not limited to, crude oil, fuels, and fuel substitutes.
   65         (36)(32) “Solid waste” means sludge unregulated under the
   66  federal Clean Water Act or Clean Air Act, sludge from a waste
   67  treatment works, water supply treatment plant, or air pollution
   68  control facility, or garbage, rubbish, refuse, special waste, or
   69  other discarded material, including solid, liquid, semisolid, or
   70  contained gaseous material resulting from domestic, industrial,
   71  commercial, mining, agricultural, or governmental operations.
   72  Recovered materials as defined in subsection (28) and post-use
   73  polymers as defined in subsection (24) are not solid waste.
   74         (39)(35) “Solid waste management facility” means any solid
   75  waste disposal area, volume reduction plant, transfer station,
   76  materials recovery facility, or other facility, the purpose of
   77  which is resource recovery or the disposal, recycling,
   78  processing, or storage of solid waste. The term does not include
   79  recovered materials processing facilities or pyrolysis
   80  facilities that meet the requirements of s. 403.7046, except the
   81  portion of such facilities, if any, which is used for the
   82  management of solid waste.
   83         Section 2. Subsection (1) of section 403.7045, Florida
   84  Statutes, is amended to read:
   85         403.7045 Application of act and integration with other
   86  acts.—
   87         (1) The following wastes or activities may shall not be
   88  regulated pursuant to this act:
   89         (a) Byproduct material, source material, and special
   90  nuclear material, the generation, transportation, disposal,
   91  storage, or treatment of which is regulated under chapter 404 or
   92  the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat. 923,
   93  as amended.;
   94         (b) Suspended solids and dissolved materials in domestic
   95  sewage effluent or irrigation return flows or other discharges
   96  which are point sources subject to permits pursuant to this
   97  chapter or s. 402 of the Clean Water Act, Pub. L. No. 95-217.;
   98         (c) Emissions to the air from a stationary installation or
   99  source regulated under this chapter or the Clean Air Act, Pub.
  100  L. No. 95-95.;
  101         (d) Drilling fluids, produced waters, and other wastes
  102  associated with the exploration for, or development and
  103  production of, crude oil or natural gas which are regulated
  104  under chapter 377,; or
  105         (e) Recovered materials, post-use polymers, or recovered
  106  materials processing facilities, or pyrolysis facilities, except
  107  as provided in s. 403.7046, if:
  108         1. A majority of the recovered materials or post-use
  109  polymers at the facility are demonstrated to be sold, used, or
  110  reused within 1 year. As used in this subparagraph, the terms
  111  “used” or “reused” include, but are not limited to, the
  112  conversion of post-use polymers into crude oil, fuels,
  113  feedstocks, or other raw materials or intermediate or final
  114  products by gasification or pyrolysis, as defined in s. 403.703.
  115         2. The recovered materials or post-use polymers handled by
  116  the facility or the products or byproducts of operations that
  117  process recovered materials or post-use polymers are not
  118  discharged, deposited, injected, dumped, spilled, leaked, or
  119  placed into or upon any land or water by the owner or operator
  120  of the such facility so that the such recovered materials or
  121  post-use polymers, products or byproducts, or any constituent
  122  thereof may enter other lands or be emitted into the air or
  123  discharged into any waters, including groundwaters, or otherwise
  124  enter the environment such that a threat of contamination in
  125  excess of applicable department standards and criteria is
  126  caused.
  127         3. The recovered materials or post-use polymers handled by
  128  the facility are not hazardous wastes as defined in under s.
  129  403.703, and rules adopted under this section promulgated
  130  pursuant thereto.
  131         4. The facility is registered as required in s. 403.7046.
  132         (f) Industrial byproducts, if:
  133         1. A majority of the industrial byproducts are demonstrated
  134  to be sold, used, or reused within 1 year.
  135         2. The industrial byproducts are not discharged, deposited,
  136  injected, dumped, spilled, leaked, or placed upon any land or
  137  water so that such industrial byproducts, or any constituent
  138  thereof, may enter other lands or be emitted into the air or
  139  discharged into any waters, including groundwaters, or otherwise
  140  enter the environment such that a threat of contamination in
  141  excess of applicable department standards and criteria or a
  142  significant threat to public health is caused.
  143         3. The industrial byproducts are not hazardous wastes as
  144  defined in under s. 403.703 and rules adopted under this
  145  section.
  147  Sludge from an industrial waste treatment works that meets the
  148  exemption requirements of this paragraph is not solid waste as
  149  defined in s. 403.703 s. 403.703(32).
  150         Section 3. Subsection (1) of section 403.7046, Florida
  151  Statutes, and paragraph (b) of subsection (3) of that section,
  152  are amended to read:
  153         403.7046 Regulation of recovered materials.—
  154         (1) Any person who handles, purchases, receives, recovers,
  155  sells, or is an end user of recovered materials or post-use
  156  polymers shall annually certify to the department on forms
  157  provided by the department. The department may by rule exempt
  158  from this requirement generators of recovered materials or post
  159  use polymers; persons who handle or sell recovered materials or
  160  post-use polymers as an activity which is incidental to the
  161  normal primary business activities of that person; or persons
  162  who handle, purchase, receive, recover, sell, or are end users
  163  of recovered materials or post-use polymers in small quantities
  164  as defined by the department. The department shall adopt rules
  165  for the certification of and reporting by such persons and shall
  166  establish criteria for revocation of such certification. Such
  167  rules shall be designed to elicit, at a minimum, the amount and
  168  types of recovered materials or post-use polymers handled by
  169  registrants, and the amount and disposal site, or name of person
  170  with whom such disposal was arranged, of any solid waste
  171  generated by such facility. By February 1 of each year,
  172  registrants shall report all required information to the
  173  department and to all counties from which it received materials.
  174  Such rules may provide for the department to conduct periodic
  175  inspections. The department may charge a fee of up to $50 for
  176  each registration, which shall be deposited into the Solid Waste
  177  Management Trust Fund for implementation of the program.
  178         (3) Except as otherwise provided in this section or
  179  pursuant to a special act in effect on or before January 1,
  180  1993, a local government may not require a commercial
  181  establishment that generates source-separated recovered
  182  materials to sell or otherwise convey its recovered materials to
  183  the local government or to a facility designated by the local
  184  government, nor may the local government restrict such a
  185  generator’s right to sell or otherwise convey such recovered
  186  materials to any properly certified recovered materials dealer
  187  who has satisfied the requirements of this section. A local
  188  government may not enact any ordinance that prevents such a
  189  dealer from entering into a contract with a commercial
  190  establishment to purchase, collect, transport, process, or
  191  receive source-separated recovered materials.
  192         (b)1. Before engaging in business within the jurisdiction
  193  of the local government, a recovered materials dealer or
  194  pyrolysis facility must provide the local government with a copy
  195  of the certification provided for in this section. In addition,
  196  the local government may establish a registration process
  197  whereby a recovered materials dealer or pyrolysis facility must
  198  register with the local government before engaging in business
  199  within the jurisdiction of the local government. Such
  200  registration process is limited to requiring the dealer or
  201  pyrolysis facility to register its name, including the owner or
  202  operator of the dealer or pyrolysis facility, and, if the dealer
  203  or pyrolysis facility is a business entity, its general or
  204  limited partners, its corporate officers and directors, its
  205  permanent place of business, evidence of its certification under
  206  this section, and a certification that the recovered materials
  207  or post-use polymers will be processed at a recovered materials
  208  processing facility or pyrolysis facility satisfying the
  209  requirements of this section. The local government may not use
  210  the information provided in the registration application to
  211  compete unfairly with the recovered materials dealer until 90
  212  days after receipt of the application. All counties, and
  213  municipalities whose population exceeds 35,000 according to the
  214  population estimates determined pursuant to s. 186.901, may
  215  establish a reporting process that must be limited to the
  216  regulations, reporting format, and reporting frequency
  217  established by the department pursuant to this section, which
  218  must, at a minimum, include requiring the dealer or pyrolysis
  219  facility to identify the types and approximate amount of
  220  recovered materials or post-use polymers collected, recycled, or
  221  reused during the reporting period; the approximate percentage
  222  of recovered materials or post-use polymers reused, stored, or
  223  delivered to a recovered materials processing facility or
  224  pyrolysis facility or disposed of in a solid waste disposal
  225  facility; and the locations where any recovered materials or
  226  post-use polymers were disposed of as solid waste. The local
  227  government may charge the dealer or pyrolysis facility a
  228  registration fee commensurate with and no greater than the cost
  229  incurred by the local government in operating its registration
  230  program. Registration program costs are limited to those costs
  231  associated with the activities described in this subparagraph.
  232  Any reporting or registration process established by a local
  233  government with regard to recovered materials or post-use
  234  polymers is governed by this section and department rules
  235  adopted pursuant thereto.
  236         2. Information reported under this subsection which, if
  237  disclosed, would reveal a trade secret, as defined in s.
  238  812.081, is confidential and exempt from s. 119.07(1) and s.
  239  24(a), Art. I of the State Constitution. This subparagraph is
  240  subject to the Open Government Sunset Review Act in accordance
  241  with s. 119.15 and shall stand repealed on October 2, 2021,
  242  unless reviewed and saved from repeal through reenactment by the
  243  Legislature.
  244         Section 4. Subsection (2) of section 171.205, Florida
  245  Statutes, is amended to read:
  246         171.205 Consent requirements for annexation of land under
  247  this part.—Notwithstanding part I, an interlocal service
  248  boundary agreement may provide a process for annexation
  249  consistent with this section or with part I.
  250         (2) If the area to be annexed includes a privately owned
  251  solid waste disposal facility as defined in s. 403.703 s.
  252  403.703(33) which receives municipal solid waste collected
  253  within the jurisdiction of multiple local governments, the
  254  annexing municipality must set forth in its plan the effects
  255  that the annexation of the solid waste disposal facility will
  256  have on the other local governments. The plan must also indicate
  257  that the owner of the affected solid waste disposal facility has
  258  been contacted in writing concerning the annexation, that an
  259  agreement between the annexing municipality and the solid waste
  260  disposal facility to govern the operations of the solid waste
  261  disposal facility if the annexation occurs has been approved,
  262  and that the owner of the solid waste disposal facility does not
  263  object to the proposed annexation.
  264         Section 5. Subsection (28) of section 316.003, Florida
  265  Statutes, is amended to read:
  266         316.003 Definitions.—The following words and phrases, when
  267  used in this chapter, shall have the meanings respectively
  268  ascribed to them in this section, except where the context
  269  otherwise requires:
  270         (28) HAZARDOUS MATERIAL.—Any substance or material which
  271  has been determined by the secretary of the United States
  272  Department of Transportation to be capable of imposing an
  273  unreasonable risk to health, safety, and property. This term
  274  includes hazardous waste as defined in s. 403.703 s.
  275  403.703(13).
  276         Section 6. Paragraph (f) of subsection (2) of section
  277  377.709, Florida Statutes, is amended to read:
  278         377.709 Funding by electric utilities of local governmental
  279  solid waste facilities that generate electricity.—
  280         (2) DEFINITIONS.—As used in this section, the term:
  281         (f) “Solid waste facility” means a facility owned or
  282  operated by, or on behalf of, a local government for the purpose
  283  of disposing of solid waste, as that term is defined in s.
  284  403.703 s. 403.703(32), by any process that produces heat and
  285  incorporates, as a part of the facility, the means of converting
  286  heat to electrical energy in amounts greater than actually
  287  required for the operation of the facility.
  288         Section 7. Subsection (1) of section 487.048, Florida
  289  Statutes, is amended to read:
  290         487.048 Dealer’s license; records.—
  291         (1) Each person holding or offering for sale, selling, or
  292  distributing restricted-use pesticides must obtain a dealer’s
  293  license from the department. Application for the license shall
  294  be filed with the department by using a form prescribed by the
  295  department or by using the department’s website. The license
  296  must be obtained before entering into business or transferring
  297  ownership of a business. The department may require examination
  298  or other proof of competency of individuals to whom licenses are
  299  issued or of individuals employed by persons to whom licenses
  300  are issued. Demonstration of continued competency may be
  301  required for license renewal, as set by rule. The license shall
  302  be renewed annually as provided by rule. An annual license fee
  303  not exceeding $250 shall be established by rule. However, a user
  304  of a restricted-use pesticide may distribute unopened containers
  305  of a properly labeled pesticide to another user who is legally
  306  entitled to use that restricted-use pesticide without obtaining
  307  a pesticide dealer license. The exclusive purpose of
  308  distribution of the restricted-use pesticide is to keep it from
  309  becoming a hazardous waste as defined in s. 403.703 s.
  310  403.703(13).
  311         Section 8. This act shall take effect July 1, 2017.