Florida Senate - 2023 SB 1258 By Senator Trumbull 2-01100A-23 20231258__ 1 A bill to be entitled 2 An act relating to the use of phosphogypsum; amending 3 s. 336.044, F.S.; authorizing the Department of 4 Transportation to undertake demonstration projects 5 using phosphogypsum in road construction aggregate 6 material to determine its feasibility as a paving 7 material; creating s. 337.02611, F.S.; requiring the 8 department to conduct a study on the suitability of 9 using phosphogypsum as a construction aggregate 10 material; providing requirements for the study; 11 providing that such materials may be used as a 12 construction aggregate material in accordance with 13 specified regulations if the department determines it 14 suitable for such use; amending s. 403.7045, F.S.; 15 prohibiting phosphogypsum placed in specified stack 16 systems from being regulated as solid waste under 17 certain circumstances; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1.Subsection (2) of section 336.044, Florida 22 Statutes, is amended to read: 23 336.044Use of recyclable materials in construction. 24 (2)The Legislature declares it to be in the public 25 interest to find alternative ways to use certain recyclable 26 materials that currently are part of the solid waste stream and 27 that contribute to problems of declining space in landfills. To 28 determine the feasibility of using certain recyclable materials 29 for paving materials, the department may undertake demonstration 30 projects using all of the following materials in road 31 construction: 32 (a)Ground rubber from automobile tires in road resurfacing 33 or subbase materials for roads.; 34 (b)Ash residue from coal combustion byproducts for 35 concrete and ash residue from waste incineration facilities and 36 oil combustion byproducts for subbase material.; 37 (c)Recycled mixed-plastic material for guardrail posts or 38 right-of-way fence posts.; 39 (d)Construction steel, including reinforcing rods and I 40 beams, manufactured from scrap metals disposed of in the state.; 41 and 42 (e)Glass, and glass aggregates. 43 (f)Phosphogypsum from phosphate production in road 44 construction aggregate material. 45 Section 2.Section 337.02611, Florida Statutes, is created 46 to read: 47 337.02611Phosphogypsum as a construction aggregate 48 material; study. 49 (1)The department shall conduct a study to evaluate the 50 suitability of using phosphogypsum as a construction aggregate 51 material as defined in s. 337.0261(1). The department may 52 consider any prior or ongoing studies of phosphogypsums road 53 suitability in the fulfillment of this duty. The study and a 54 determination of suitability must be completed by January 1, 55 2024. 56 (2)Upon a determination of suitability by the department, 57 phosphogypsum from phosphate production may be used as a 58 construction aggregate material in accordance with the 59 conditions of the United States Environmental Protection Agency 60 approval for the use. 61 Section 3.Paragraph (f) of subsection (1) of section 62 403.7045, Florida Statutes, is amended to read: 63 403.7045Application of act and integration with other 64 acts. 65 (1)The following wastes or activities may not be regulated 66 pursuant to this act: 67 (f)Industrial byproducts, if: 68 1.A majority of the industrial byproducts are demonstrated 69 to be sold, used, or reused within 1 year;. 70 2.The industrial byproducts are not discharged, deposited, 71 injected, dumped, spilled, leaked, or placed upon any land or 72 water so that such industrial byproducts, or any constituent 73 thereof, may enter other lands or be emitted into the air or 74 discharged into any waters, including groundwaters, or otherwise 75 enter the environment such that a threat of contamination in 76 excess of applicable department standards and criteria or a 77 significant threat to public health is caused; and. 78 3.The industrial byproducts are not hazardous wastes as 79 defined in s. 403.703 and rules adopted under this section. 80 81 Sludge from an industrial waste treatment works that meets the 82 exemption requirements of this paragraph is not solid waste as 83 defined in s. 403.703. Phosphogypsum placed in a phosphogypsum 84 stack system permitted by the department or used in accordance 85 with an allowed use expressly specified in United States 86 Environmental Protection Agency regulations or pursuant to an 87 express United States Environmental Protection Agency approval 88 for the specific use is not solid waste as defined in s. 403.703 89 and shall be an allowed use in this state. 90 Section 4.This act shall take effect July 1, 2023.