House Bill 1849e1

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                                          HB 1849, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the reuse, recycling and

  3         management of lead-containing products;

  4         amending s. 403.717, F.S.; amending

  5         definitions; authorizing the Department of

  6         Environmental Protection to use trust fund

  7         moneys as grants to Florida based businesses

  8         that recycle lead-acid batteries and other

  9         lead-containing materials; directing the

10         department to work with the Department of

11         Management Services to implement a pilot

12         program to collect lead-containing products;

13         providing an appropriation; providing an

14         effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsections (1) and (5) of section 403.717,

19  Florida Statutes, are amended to read:

20         403.717  Waste tire and lead-acid battery

21  requirements.--

22         (1)  For purposes of this section and ss. 403.718,

23  403.7185, and 403.719:

24         (a)  "Department" means the Department of Environmental

25  Protection.

26         (b)  "Motor vehicle" means an automobile, motorcycle,

27  truck, trailer, semitrailer, truck tractor and semitrailer

28  combination, or any other vehicle operated in this state, used

29  to transport persons or property and propelled by power other

30  than muscular power, but the term does not include traction

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                                          HB 1849, First Engrossed



  1  engines, road rollers, such vehicles as run only upon a track,

  2  bicycles, mopeds, or farm tractors and trailers.

  3         (c)  "Tire" means a continuous solid or pneumatic

  4  rubber covering encircling the wheel of a motor vehicle.

  5         (d)  "Waste tire" means a tire that has been removed

  6  from a motor vehicle and has not been retreaded or regrooved.

  7  "Waste tire" includes, but is not limited to, used tires and

  8  processed tires.

  9         (e)  "Waste tire collection center" means a site where

10  waste tires are collected from the public prior to being

11  offered for recycling and where fewer than 1,500 1,000 tires

12  are kept on the site on any given day.

13         (f)  "Waste tire processing facility" means a site

14  where equipment is used to recapture reusable byproducts from

15  waste tires or to cut, burn, or otherwise alter waste tires so

16  that they are no longer whole. The term includes mobile waste

17  tire processing equipment.

18         (g)  "Waste tire site" means a site at which 1,500

19  1,000 or more waste tires are accumulated.

20         (h)  "Lead-acid battery" means those lead-acid

21  batteries designed for use in motor vehicles, vessels, and

22  aircraft, and includes such batteries when sold as a component

23  part of a motor vehicle, vessel, or aircraft, but not when

24  sold to recycle components.

25         (i)  "Indoor" means within a structure which excludes

26  rain and public access and would control air flows in the

27  event of a fire.

28         (j)  "Processed tire" means a tire that has been

29  treated mechanically, chemically, or thermally so that the

30  resulting material is a marketable product or is suitable for

31  proper disposal.


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                                          HB 1849, First Engrossed



  1         (k)  "Used tire" means a waste tire which has a minimum

  2  tread depth of  3/32  inch or greater and is suitable for use

  3  on a motor vehicle.

  4         (5)  A permit is not required for tire storage at:

  5         (a)  A tire retreading business where fewer than 1,500

  6  1,000 waste tires are kept on the business premises;

  7         (b)  A business that, in the ordinary course of

  8  business, removes tires from motor vehicles if fewer than

  9  1,500 1,000 of these tires are kept on the business premises;

10  or

11         (c)  A retail tire-selling business which is serving as

12  a waste tire collection center if fewer than 1,500 1,000 waste

13  tires are kept on the business premises.

14         Section 2.  The Legislature recognizes a need for

15  providing a capability within the state for responding to the

16  reuse, recycling, and proper management of waste products

17  generated by users of lead-containing products within the

18  state.

19         Section 3.  The Department of Environmental Protection

20  is hereby authorized to use funds from the Solid Waste

21  Management Trust Fund as grants to Florida-based businesses

22  that recycle lead-acid batteries and other lead-containing

23  materials, including products such as televisions and computer

24  monitors which utilize lead containing cathode ray tubes.

25  This incentive funding may be used for research and

26  development in methods to recover and recycle lead from the

27  environment; for innovative technologies and equipment to

28  process and recycle lead-containing materials; and for

29  establishing an infrastructure to collect and transport

30  lead-containing material to Florida based recycling

31  businesses.


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                                          HB 1849, First Engrossed



  1         Section 4.  The department is directed to work with the

  2  Department of Management Services to implement a pilot program

  3  to collect lead-containing products, including end-of-life

  4  computers and other electronic equipment from state and local

  5  agencies.  Local governments are encouraged to establish

  6  collection and recycling programs for publicly and privately

  7  owned lead-containing products, including end-of-life

  8  televisions, computers and other electronic products through

  9  existing recycling and household hazardous waste management

10  programs.

11         Section 5.  The sum of $400,000 is hereby appropriated

12  from the Solid Waste Management Trust Fund to the Department

13  of Environmental Protection for fiscal year 1999-2000 to fund

14  the grants authorized by this act.  The department is

15  authorized to request annual funding for these grants through

16  the fiscal year 2004-2005.

17         Section 6.  This act shall take effect July 1, 1999.

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