Florida Senate - 2023 CS for CS for SB 1258 By the Committees on Fiscal Policy; and Transportation; and Senators Trumbull, Burgess, Gruters, and Ingoglia 594-03813-23 20231258c2 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 from being regulated as 16 solid waste if used in accordance with an allowed use 17 under specified federal regulations and approvals; 18 providing that phosphogypsum may be placed in stack 19 systems permitted by the department; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Subsection (2) of section 336.044, Florida 25 Statutes, is amended to read: 26 336.044Use of recyclable materials in construction. 27 (2)The Legislature declares it to be in the public 28 interest to find alternative ways to use certain recyclable 29 materials that currently are part of the solid waste stream and 30 that contribute to problems of declining space in landfills. To 31 determine the feasibility of using certain recyclable materials 32 for paving materials, the department may undertake demonstration 33 projects using all of the following materials in road 34 construction: 35 (a)Ground rubber from automobile tires in road resurfacing 36 or subbase materials for roads.; 37 (b)Ash residue from coal combustion byproducts for 38 concrete and ash residue from waste incineration facilities and 39 oil combustion byproducts for subbase material.; 40 (c)Recycled mixed-plastic material for guardrail posts or 41 right-of-way fence posts.; 42 (d)Construction steel, including reinforcing rods and I 43 beams, manufactured from scrap metals disposed of in the state.; 44 and 45 (e)Glass, and glass aggregates. 46 (f)Phosphogypsum from phosphate production in road 47 construction aggregate material. 48 Section 2.Section 337.02611, Florida Statutes, is created 49 to read: 50 337.02611Phosphogypsum as a construction aggregate 51 material; study. 52 (1)The department shall conduct a study to evaluate the 53 suitability of using phosphogypsum as a construction aggregate 54 material as defined in s. 337.0261(1). The department may 55 consider any prior or ongoing studies of phosphogypsums road 56 suitability in the fulfillment of this duty. The study and a 57 determination of suitability must be completed by April 1, 2024. 58 (2)Upon a determination of suitability by the department, 59 phosphogypsum from phosphate production may be used as a 60 construction aggregate material in accordance with the 61 conditions of the United States Environmental Protection Agency 62 approval for the use. 63 Section 3.Paragraph (f) of subsection (1) of section 64 403.7045, Florida Statutes, is amended to read: 65 403.7045Application of act and integration with other 66 acts. 67 (1)The following wastes or activities may not be regulated 68 pursuant to this act: 69 (f)Industrial byproducts, if: 70 1.A majority of the industrial byproducts are demonstrated 71 to be sold, used, or reused within 1 year;. 72 2.The industrial byproducts are not discharged, deposited, 73 injected, dumped, spilled, leaked, or placed upon any land or 74 water so that such industrial byproducts, or any constituent 75 thereof, may enter other lands or be emitted into the air or 76 discharged into any waters, including groundwaters, or otherwise 77 enter the environment such that a threat of contamination in 78 excess of applicable department standards and criteria or a 79 significant threat to public health is caused; and. 80 3.The industrial byproducts are not hazardous wastes as 81 defined in s. 403.703 and rules adopted under this section. 82 83 Sludge from an industrial waste treatment works that meets the 84 exemption requirements of this paragraph is not solid waste as 85 defined in s. 403.703. Phosphogypsum used in accordance with an 86 allowed use expressly specified in United States Environmental 87 Protection Agency regulations or pursuant to an express United 88 States Environmental Protection Agency approval for the specific 89 use is not solid waste as defined in s. 403.703 and shall be an 90 allowed use in this state. Phosphogypsum may be placed in a 91 phosphogypsum stack system permitted by the department pursuant 92 to ss. 403.4154 and 403.4155. 93 Section 4.This act shall take effect July 1, 2023.