Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for HB 335
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .         Floor: SENA1/C         
             05/03/2017 10:31 AM       .      05/05/2017 01:23 PM       

       Senator Perry moved 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 renumbered as subsections (3) and
    7  (2), respectively, present subsections (10) through (22) are
    8  renumbered as subsections (11) through (23), respectively,
    9  present subsection (23) is renumbered as subsection (25),
   10  present subsections (24) through (43) are renumbered as
   11  subsections (28) through (47), respectively, present subsections
   12  (27), (32), and (35) of that section are amended, and new
   13  subsections (10), (24), (26), and (27) are added to that
   14  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) and paragraph (b) of subsection
  136  (3) of section 403.7046, Florida Statutes, are amended to read:
  137         403.7046 Regulation of recovered materials.—
  138         (1) Any person who handles, purchases, receives, recovers,
  139  sells, or is an end user of recovered materials or post-use
  140  polymers shall annually certify to the department on forms
  141  provided by the department. The department may by rule exempt
  142  from this requirement generators of recovered materials or post
  143  use polymers; persons who handle or sell recovered materials or
  144  post-use polymers as an activity which is incidental to the
  145  normal primary business activities of that person; or persons
  146  who handle, purchase, receive, recover, sell, or are end users
  147  of recovered materials or post-use polymers in small quantities
  148  as defined by the department. The department shall adopt rules
  149  for the certification of and reporting by such persons and shall
  150  establish criteria for revocation of such certification. Such
  151  rules shall be designed to elicit, at a minimum, the amount and
  152  types of recovered materials or post-use polymers handled by
  153  registrants, and the amount and disposal site, or name of person
  154  with whom such disposal was arranged, of any solid waste
  155  generated by such facility. By February 1 of each year,
  156  registrants shall report all required information to the
  157  department and to all counties from which it received materials.
  158  Such rules may provide for the department to conduct periodic
  159  inspections. The department may charge a fee of up to $50 for
  160  each registration, which shall be deposited into the Solid Waste
  161  Management Trust Fund for implementation of the program.
  162         (3) Except as otherwise provided in this section or
  163  pursuant to a special act in effect on or before January 1,
  164  1993, a local government may not require a commercial
  165  establishment that generates source-separated recovered
  166  materials to sell or otherwise convey its recovered materials to
  167  the local government or to a facility designated by the local
  168  government, nor may the local government restrict such a
  169  generator’s right to sell or otherwise convey such recovered
  170  materials to any properly certified recovered materials dealer
  171  who has satisfied the requirements of this section. A local
  172  government may not enact any ordinance that prevents such a
  173  dealer from entering into a contract with a commercial
  174  establishment to purchase, collect, transport, process, or
  175  receive source-separated recovered materials.
  176         (b)1. Before engaging in business within the jurisdiction
  177  of the local government, a recovered materials dealer or
  178  pyrolysis facility must provide the local government with a copy
  179  of the certification provided for in this section. In addition,
  180  the local government may establish a registration process
  181  whereby a recovered materials dealer or pyrolysis facility must
  182  register with the local government before engaging in business
  183  within the jurisdiction of the local government. Such
  184  registration process is limited to requiring the dealer or
  185  pyrolysis facility to register its name, including the owner or
  186  operator of the dealer or pyrolysis facility, and, if the dealer
  187  or pyrolysis facility is a business entity, its general or
  188  limited partners, its corporate officers and directors, its
  189  permanent place of business, evidence of its certification under
  190  this section, and a certification that the recovered materials
  191  or post-use polymers will be processed at a recovered materials
  192  processing facility or pyrolysis facility satisfying the
  193  requirements of this section. The local government may not use
  194  the information provided in the registration application to
  195  compete unfairly with the recovered materials dealer until 90
  196  days after receipt of the application. All counties, and
  197  municipalities whose population exceeds 35,000 according to the
  198  population estimates determined pursuant to s. 186.901, may
  199  establish a reporting process that must be limited to the
  200  regulations, reporting format, and reporting frequency
  201  established by the department pursuant to this section, which
  202  must, at a minimum, include requiring the dealer or pyrolysis
  203  facility to identify the types and approximate amount of
  204  recovered materials or post-use polymers collected, recycled, or
  205  reused during the reporting period; the approximate percentage
  206  of recovered materials or post-use polymers reused, stored, or
  207  delivered to a recovered materials processing facility or
  208  pyrolysis facility or disposed of in a solid waste disposal
  209  facility; and the locations where any recovered materials or
  210  post-use polymers were disposed of as solid waste. The local
  211  government may charge the dealer or pyrolysis facility a
  212  registration fee commensurate with and no greater than the cost
  213  incurred by the local government in operating its registration
  214  program. Registration program costs are limited to those costs
  215  associated with the activities described in this subparagraph.
  216  Any reporting or registration process established by a local
  217  government with regard to recovered materials or post-use
  218  polymers is governed by this section and department rules
  219  adopted pursuant thereto.
  220         2. Information reported under this subsection which, if
  221  disclosed, would reveal a trade secret, as defined in s.
  222  812.081, is confidential and exempt from s. 119.07(1) and s.
  223  24(a), Art. I of the State Constitution. This subparagraph is
  224  subject to the Open Government Sunset Review Act in accordance
  225  with s. 119.15 and shall stand repealed on October 2, 2021,
  226  unless reviewed and saved from repeal through reenactment by the
  227  Legislature.
  228         Section 4. Subsection (2) of section 171.205, Florida
  229  Statutes, is amended to read:
  230         171.205 Consent requirements for annexation of land under
  231  this part.—Notwithstanding part I, an interlocal service
  232  boundary agreement may provide a process for annexation
  233  consistent with this section or with part I.
  234         (2) If the area to be annexed includes a privately owned
  235  solid waste disposal facility as defined in s. 403.703 s.
  236  403.703(33) which receives municipal solid waste collected
  237  within the jurisdiction of multiple local governments, the
  238  annexing municipality must set forth in its plan the effects
  239  that the annexation of the solid waste disposal facility will
  240  have on the other local governments. The plan must also indicate
  241  that the owner of the affected solid waste disposal facility has
  242  been contacted in writing concerning the annexation, that an
  243  agreement between the annexing municipality and the solid waste
  244  disposal facility to govern the operations of the solid waste
  245  disposal facility if the annexation occurs has been approved,
  246  and that the owner of the solid waste disposal facility does not
  247  object to the proposed annexation.
  248         Section 5. Subsection (28) of section 316.003, Florida
  249  Statutes, is amended to read:
  250         316.003 Definitions.—The following words and phrases, when
  251  used in this chapter, shall have the meanings respectively
  252  ascribed to them in this section, except where the context
  253  otherwise requires:
  254         (28) HAZARDOUS MATERIAL.—Any substance or material which
  255  has been determined by the secretary of the United States
  256  Department of Transportation to be capable of imposing an
  257  unreasonable risk to health, safety, and property. This term
  258  includes hazardous waste as defined in s. 403.703 s.
  259  403.703(13).
  260         Section 6. Paragraph (f) of subsection (2) of section
  261  377.709, Florida Statutes, is amended to read:
  262         377.709 Funding by electric utilities of local governmental
  263  solid waste facilities that generate electricity.—
  264         (2) DEFINITIONS.—As used in this section, the term:
  265         (f) “Solid waste facility” means a facility owned or
  266  operated by, or on behalf of, a local government for the purpose
  267  of disposing of solid waste, as that term is defined in s.
  268  403.703 s. 403.703(32), by any process that produces heat and
  269  incorporates, as a part of the facility, the means of converting
  270  heat to electrical energy in amounts greater than actually
  271  required for the operation of the facility.
  272         Section 7. Subsection (1) of section 487.048, Florida
  273  Statutes, is amended to read:
  274         487.048 Dealer’s license; records.—
  275         (1) Each person holding or offering for sale, selling, or
  276  distributing restricted-use pesticides must obtain a dealer’s
  277  license from the department. Application for the license shall
  278  be filed with the department by using a form prescribed by the
  279  department or by using the department’s website. The license
  280  must be obtained before entering into business or transferring
  281  ownership of a business. The department may require examination
  282  or other proof of competency of individuals to whom licenses are
  283  issued or of individuals employed by persons to whom licenses
  284  are issued. Demonstration of continued competency may be
  285  required for license renewal, as set by rule. The license shall
  286  be renewed annually as provided by rule. An annual license fee
  287  not exceeding $250 shall be established by rule. However, a user
  288  of a restricted-use pesticide may distribute unopened containers
  289  of a properly labeled pesticide to another user who is legally
  290  entitled to use that restricted-use pesticide without obtaining
  291  a pesticide dealer license. The exclusive purpose of
  292  distribution of the restricted-use pesticide is to keep it from
  293  becoming a hazardous waste as defined in s. 403.703 s.
  294  403.703(13).
  295         Section 8. This act shall take effect July 1, 2017.
  297  ================= T I T L E  A M E N D M E N T ================
  298  And the title is amended as follows:
  299         Delete everything before the enacting clause
  300  and insert:
  301                        A bill to be entitled                      
  302         An act relating to resource recovery and management;
  303         amending s. 403.703, F.S.; defining the terms
  304         “gasification,” “post-use polymer,” “pyrolysis,” and
  305         “pyrolysis facility” and revising definitions;
  306         amending s. 403.7045, F.S.; providing that certain
  307         pyrolysis facilities are exempt from certain resource
  308         recovery regulations; conforming a cross-reference;
  309         amending s. 403.7046, F.S.; requiring certain handlers
  310         of post-use polymers to certify to the Department of
  311         Environmental Protection; revising rule requirements
  312         relating to such certification; authorizing recovered
  313         materials dealers to use pyrolysis facilities for
  314         recovered materials or post-use polymers processing;
  315         amending ss. 171.205, 316.003, 377.709, and 487.048,
  316         F.S.; conforming cross-references; providing an
  317         effective date.