HB 954

As Introduced
136th General Assembly
   Regular Session  H. B. No. 954
       2025-2026
  Representative Miller, K.
  To amend sections 125.091 and 3734.01 of the  1
  Revised Code to address the regulation of  2
  renewable biomass.  3
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 125.091 and 3734.01 of the  4
Revised Code be amended to read as follows:  5
     Sec. 125.091. As used in this section and sections 125.092        6
and 125.093 of the Revised Code:  7
     (A) "Agricultural materials" means agricultural-based  8
materials or residues, including plant, animal, and marine  9
materials or residues, used in the manufacture of commercial or        10
industrial nonfood products.  11
     (B) "Biobased product" means a product determined by the  12
United States secretary of agriculture to be a commercial or  13
industrial product, other than food or feed, that is composed,  14
in whole or significant part, of biological products, renewable        15
domestic agricultural materials, or forestry material, or is an        16
intermediate ingredient or feedstock.  17
     (C) "Biological products" means products derived from  18
living materials other than agricultural or forestry materials.        19
H. B. No. 954  Page 2
As Introduced
        (D) "Designated item" means a generic grouping of biobased  20
products identified in subpart B, 7 C.F.R. 2902.10 to 2902.42.  21
        (E) "Forest thinnings" means woody materials removed from  22
a dense forest to improve growth, enhance forest health, or  23
remove trees to recover potential mortality.  24
        (F) "Forestry materials" means materials derived from the  25
practice of planting and caring for forests and the management  26
of growing timber where such materials come from short-rotation  27
woody crops that are less than ten years old, sustainably  28
managed forests, wood residues, or forest thinnings.  29
        (G) "Intermediate ingredient or feedstock" means a  30
material or compound made, in whole or in significant part, from  31
biological products, renewable agricultural materials, renewable  32
biomass, or forestry materials that are subsequently used to  33
make a more complex compound or product.  34
        (H) "National forest system" means the national forests  35
and national grasslands managed by the United States forest  36
service.  37
        (I) "Public lands" has the same meaning as in 43 U.S.C.  38
1702.  39
        (J) "Renewable biomass" means either of the following:  40
        (1) Materials, including pre-commercial thinnings, or  41
invasive species, from national forest system land and public  42
lands to which both of the following apply:  43
        (a) The materials are byproducts of preventive treatments  44
that are removed to reduce hazardous fuels, to reduce or contain  45
disease or insect infestation, or to restore ecosystem health.  46
        (b) The materials are harvested in accordance with both of  47
H. B. No. 954  Page 3
As Introduced
the following:  48
       (i) All applicable laws and land management plans;  49
       (ii) Requirements for old growth stand maintenance,  50
restoration, and management direction and large tree retention  51
under section 102(e) and (f) of the "Healthy Forests Restoration  52
Act of 2003," 16 U.S.C. 6512.  53
       (2) Any organic matter that is available on a renewable or  54
recurring basis from nonfederal or Indian tribe land that is  55
held in trust by the United States or subject to a restriction  56
against alienation imposed by the United States, including both  57
of the following:  58
       (a) Renewable plant material, including feed grains and  59
other agricultural materials; plants and trees; algae; and  60
microorganisms;  61
       (b) Waste material, including crop residue; vegetative  62
waste material, including wood waste and wood residue; animal  63
waste and byproducts, including fats, oils, greases, and manure;  64
food waste and yard waste; plant-derived waste oils; municipal  65
solid waste; and waste derived from a treatment works, as  66
defined in section 6111.01 of the Revised Code.  67
       (K) "Sustainably managed forests" means the practice of  68
land stewardship that integrates the reforestation, management,  69
growing, nurturing, and harvesting of trees for useful products  70
while conserving soil and improving air and water quality,  71
wildlife, fish habitat, and aesthetics.  72
       Sec. 3734.01. As used in this chapter:  73
       (A) "Board of health" means the board of health of a city  74
or general health district or the authority having the duties of  75
H. B. No. 954  Page 4
As Introduced
a board of health in any city as authorized by section 3709.05  76
of the Revised Code.  77
       (B) "Director" means the director of environmental  78
protection.  79
       (C) "Health district" means a city or general health  80
district as created by or under authority of Chapter 3709. of  81
the Revised Code.  82
       (D) "Agency" means the environmental protection agency.  83
       (E) "Solid wastes" means such unwanted residual solid or  84
semisolid material as results from industrial, commercial,  85
agricultural, and community operations, excluding earth or  86
material from construction, mining, or demolition operations, or  87
other waste materials of the type that normally would be  88
included in demolition debris, nontoxic fly ash and bottom ash,  89
including at least ash that results from the combustion of coal  90
and ash that results from the combustion of coal in combination  91
with scrap tires where scrap tires comprise not more than fifty  92
per cent of heat input in any month, spent nontoxic foundry  93
sand, nontoxic, nonhazardous, unwanted fired and unfired, glazed  94
and unglazed, structural products made from shale and clay  95
products, materials converted into a feedstock that replaces a  96
raw material in a manufacturing process at an advanced recycling  97
facility, materials used as a legitimate fuel at an advanced  98
recycling facility, and slag and other substances that are not  99
harmful or inimical to public health, and includes, but is not  100
limited to, garbage, scrap tires, combustible and noncombustible  101
material, street dirt, and debris. "Solid wastes" does not  102
include any material that is an infectious waste or a hazardous  103
waste.  104
H. B. No. 954  Page 5
As Introduced
        (F) "Disposal" means the discharge, deposit, injection,  105
dumping, spilling, leaking, emitting, or placing of any solid  106
wastes or hazardous waste into or on any land or ground or  107
surface water or into the air. When used in connection with  108
solid waste, "disposal" does not include any of the following:  109
        (1) A disposition or placement that constitutes legitimate  110
recycling;  111
        (2) A disposition or placement that constitutes storage;  112
        (3) A disposition or placement of scrap tires that  113
constitutes a beneficial use or that occurs at a scrap tire  114
recovery facility licensed under section 3734.81 of the Revised  115
Code;  116
        (4) A disposition or placement of materials constituting a  117
beneficial use authorized by a beneficial use permit issued  118
under this chapter;  119
        (5) Advanced recycling or the storage of post-use polymers  120
and recovered feedstocks prior to conversion through advanced  121
recycling;  122
        (6) Storage of renewable biomass feedstocks prior to  123
conversion to one or more renewable chemicals.  124
        (G) "Person" includes the state, any political subdivision  125
and other state or local body, the United States and any agency  126
or instrumentality thereof, and any legal entity defined as a  127
person under section 1.59 of the Revised Code.  128
        (H) "Open burning" means the burning of solid wastes in an  129
open area or burning of solid wastes in a type of chamber or  130
vessel that is not approved or authorized in rules adopted by  131
the director under section 3734.02 of the Revised Code or, if  132
H. B. No. 954  Page 6
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the solid wastes consist of scrap tires, in rules adopted under  133
division (V) of this section or section 3734.73 of the Revised  134
Code, or the burning of treated or untreated infectious wastes  135
in an open area or in a type of chamber or vessel that is not  136
approved in rules adopted by the director under section 3734.021  137
of the Revised Code.  138
       (I) "Open dumping" means any of the following:  139
       (1) The depositing of solid wastes into a body or stream  140
of water or onto the surface of the ground at a site that is not  141
any of the following:  142
       (a) Licensed as a solid waste facility under section  143
3734.05 of the Revised Code;  144
       (b) A legitimate recycling facility;  145
       (c) An advanced recycling facility;  146
       (d) If the solid wastes consist of scrap tires, licensed  147
as a scrap tire collection, storage, monocell, monofill, or  148
recovery facility under section 3734.81 of the Revised Code.  149
       (2) The depositing of solid wastes that consist of scrap  150
tires onto the surface of the ground at a site or in a manner  151
not specifically identified in divisions (C)(2) to (5), (7), or  152
(10) of section 3734.85 of the Revised Code;  153
       (3) The depositing of untreated infectious wastes into a  154
body or stream of water or onto the surface of the ground; or  155
the depositing of treated infectious wastes into a body or  156
stream of water or onto the surface of the ground at a site that  157
is not licensed as a solid waste facility under section 3734.05  158
of the Revised Code;  159
       (4) The disposal of scrap tires in a trailer, vehicle, or  160
H. B. No. 954  Page 7
As Introduced
building that is not licensed as a scrap tire collection,  161
storage, monocell, monofill, or recovery facility.  162
       (J) "Hazardous waste" means any waste or combination of  163
wastes in solid, liquid, semisolid, or contained gaseous form  164
that in the determination of the director, because of its  165
quantity, concentration, or physical or chemical  166
characteristics, may do either of the following:  167
       (1) Cause or significantly contribute to an increase in  168
mortality or an increase in serious irreversible or  169
incapacitating reversible illness;  170
       (2) Pose a substantial present or potential hazard to  171
human health or safety or to the environment when improperly  172
stored, treated, transported, disposed of, or otherwise managed.  173
       "Hazardous waste" includes any substance identified by  174
regulation as hazardous waste under the "Resource Conservation  175
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as  176
amended, and does not include any substance that is subject to  177
the "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011,  178
as amended.  179
       (K) "Treat" or "treatment," when used in connection with  180
hazardous waste, means any method, technique, or process,  181
including neutralization, designed to change the physical,  182
chemical, or biological character or composition of any  183
hazardous waste so as to neutralize the waste; recover energy or  184
material resources from the waste; render the waste nonhazardous  185
or less hazardous, safer to transport, store, or dispose of, or  186
amenable for recovery or storage; or reduce the volume of the  187
waste. When used in connection with infectious wastes, "treat"  188
or "treatment" means any method, technique, or process that  189
H. B. No. 954  Page 8
As Introduced
renders the wastes noninfectious so that it is no longer an  190
infectious waste and is no longer an infectious substance as  191
defined in applicable federal law, including, without  192
limitation, steam sterilization and incineration, and, in the  193
instance of wastes identified in division (R)(7) of this  194
section, to substantially reduce or eliminate the potential for  195
the wastes to cause lacerations or puncture wounds.  196
       (L) "Manifest" means the form used for identifying the  197
quantity, composition, origin, routing, and destination of  198
hazardous waste during its transportation from the point of  199
generation to the point of disposal, treatment, or storage.  200
       (M)(1) When used in connection with hazardous waste,  201
"storage" means the holding of hazardous waste for a temporary  202
period in such a manner that it remains retrievable and  203
substantially unchanged physically and chemically and, at the  204
end of the period, is treated; disposed of; stored elsewhere; or  205
reused, recycled, or reclaimed in a beneficial manner;  206
       (2) When used in connection with legitimate recycling of  207
solid waste other than scrap tires, "storage" means the  208
placement of solid waste on the ground prior to legitimate  209
recycling for a period of less than ninety days provided all the  210
following apply:  211
       (a) The solid waste remains retrievable and substantially  212
unchanged.  213
       (b) The solid waste does not cause a nuisance.  214
       (c) The storage of solid waste occurs at a legitimate  215
recycling facility.  216
       (d) The storage of solid waste does not pose a threat from  217
vectors.  218
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As Introduced
       (e) The storage of solid waste does not adversely impact  219
public health, safety, or the environment.  220
       (f) Prior to the end of the storage period of less than  221
ninety days, the solid waste is lawfully disposed, beneficially  222
used, or recycled in accordance with this chapter and rules  223
adopted under it.  224
       (3) When used in connection with scrap tires, "storage"  225
means the holding of scrap tires for a temporary period in such  226
a manner that they remain retrievable and, at the end of that  227
period, are beneficially used; stored elsewhere; placed in a  228
scrap tire monocell or monofill facility licensed under section  229
3734.81 of the Revised Code; processed at a scrap tire recovery  230
facility licensed under that section or a solid waste  231
incineration or energy recovery facility subject to regulation  232
under this chapter; or transported to a scrap tire monocell,  233
monofill, or recovery facility, any other solid waste facility  234
authorized to dispose of scrap tires, or a facility that will  235
beneficially use the scrap tires, that is located in another  236
state and is operating in compliance with the laws of the state  237
in which the facility is located.  238
       (N) "Facility" means any site, location, tract of land,  239
installation, or building used for incineration, composting,  240
sanitary landfilling, or other methods of disposal of solid  241
wastes or, if the solid wastes consist of scrap tires, for the  242
collection, storage, or processing of the solid wastes; for the  243
transfer of solid wastes; for the treatment of infectious  244
wastes; or for the storage, treatment, or disposal of hazardous  245
waste.  246
       (O) "Closure" means the time at which a hazardous waste  247
facility will no longer accept hazardous waste for treatment,  248
H. B. No. 954  Page 10
As Introduced
storage, or disposal, the time at which a solid waste facility  249
will no longer accept solid wastes for transfer or disposal or,  250
if the solid wastes consist of scrap tires, for storage or  251
processing, or the effective date of an order revoking the  252
permit for a hazardous waste facility or the registration  253
certificate, permit, or license for a solid waste facility, as  254
applicable. "Closure" includes measures performed to protect  255
public health or safety, to prevent air or water pollution, or  256
to make the facility suitable for other uses, if any, including,  257
but not limited to, the removal of processing residues resulting  258
from solid wastes that consist of scrap tires; the establishment  259
and maintenance of a suitable cover of soil and vegetation over  260
cells in which hazardous waste or solid wastes are buried;  261
minimization of erosion, the infiltration of surface water into  262
such cells, the production of leachate, and the accumulation and  263
runoff of contaminated surface water; the final construction of  264
facilities for the collection and treatment of leachate and  265
contaminated surface water runoff, except as otherwise provided  266
in this division; the final construction of air and water  267
quality monitoring facilities, except as otherwise provided in  268
this division; the final construction of methane gas extraction  269
and treatment systems; or the removal and proper disposal of  270
hazardous waste or solid wastes from a facility when necessary  271
to protect public health or safety or to abate or prevent air or  272
water pollution. With regard to a solid waste facility that is a  273
scrap tire facility, "closure" includes the final construction  274
of facilities for the collection and treatment of leachate and  275
contaminated surface water runoff and the final construction of  276
air and water quality monitoring facilities only if those  277
actions are determined to be necessary.  278
       (P) "Premises" means either of the following:  279
H. B. No. 954  Page 11
As Introduced
       (1) Geographically contiguous property owned by a  280
generator;  281
       (2) Noncontiguous property that is owned by a generator  282
and connected by a right-of-way that the generator controls and  283
to which the public does not have access. Two or more pieces of  284
property that are geographically contiguous and divided by  285
public or private right-of-way or rights-of-way are a single  286
premises.  287
       (Q) "Post-closure" means that period of time following  288
closure during which a hazardous waste facility is required to  289
be monitored and maintained under this chapter and rules adopted  290
under it, including, without limitation, operation and  291
maintenance of methane gas extraction and treatment systems, or  292
the period of time after closure during which a scrap tire  293
monocell or monofill facility licensed under section 3734.81 of  294
the Revised Code is required to be monitored and maintained  295
under this chapter and rules adopted under it.  296
       (R) "Infectious wastes" means any wastes or combination of  297
wastes that include cultures and stocks of infectious agents and  298
associated biologicals, human blood and blood products, and  299
substances that were or are likely to have been exposed to or  300
contaminated with or are likely to transmit an infectious agent  301
or zoonotic agent, including all of the following:  302
       (1) Laboratory wastes;  303
       (2) Pathological wastes;  304
       (3) Animal blood and blood products;  305
       (4) Animal carcasses and parts;  306
       (5) Waste materials from the rooms of humans, or the  307
H. B. No. 954  Page 12
As Introduced
enclosures of animals, that have been isolated because of  308
diagnosed communicable disease that are likely to transmit  309
infectious agents. Such waste materials from the rooms of humans  310
do not include any wastes of patients who have been placed on  311
blood and body fluid precautions under the universal precaution  312
system established by the centers for disease control in the  313
public health service of the United States department of health  314
and human services, except to the extent specific wastes  315
generated under the universal precautions system have been  316
identified as infectious wastes by rules adopted under division  317
(R)(7) of this section.  318
       (6) Sharp wastes used in the treatment, diagnosis, or  319
inoculation of human beings or animals;  320
       (7) Any other waste materials generated in the diagnosis,  321
treatment, or immunization of human beings or animals, in  322
research pertaining thereto, or in the production or testing of  323
biologicals, that the director of health, by rules adopted in  324
accordance with Chapter 119. of the Revised Code, identifies as  325
infectious wastes after determining that the wastes present a  326
substantial threat to human health when improperly managed  327
because they are contaminated with, or are likely to be  328
contaminated with, infectious agents.  329
       As used in this division, "blood products" does not  330
include patient care waste such as bandages or disposable gowns  331
that are lightly soiled with blood or other body fluids unless  332
those wastes are soiled to the extent that the generator of the  333
wastes determines that they should be managed as infectious  334
wastes.  335
       (S) "Infectious agent" means a type of microorganism,  336
pathogen, virus, or proteinaceous infectious particle that can  337
H. B. No. 954  Page 13
As Introduced
cause or significantly contribute to disease in or death of  338
human beings.  339
        (T) "Zoonotic agent" means a type of microorganism,  340
pathogen, or virus that causes disease in vertebrate animals, is  341
transmissible to human beings, and can cause or significantly  342
contribute to disease in or death of human beings.  343
        (U) "Solid waste transfer facility" means any site,  344
location, tract of land, installation, or building that is used  345
or intended to be used primarily for the purpose of transferring  346
solid wastes that were generated off the premises of the  347
facility from vehicles or containers into other vehicles for  348
transportation to a solid waste disposal facility. "Solid waste  349
transfer facility" does not include an advanced recycling  350
facility, a legitimate recycling facility, or any facility that  351
consists solely of portable containers that have an aggregate  352
volume of fifty cubic yards or less.  353
        (V) "Beneficially use" includes:  354
        (1) With regard to scrap tires, to use a scrap tire in a  355
manner that results in a commodity for sale or exchange or in  356
any other manner authorized as a beneficial use in rules adopted  357
by the director in accordance with Chapter 119. of the Revised  358
Code;  359
        (2) With regard to material from a horizontal well that  360
has come in contact with a refined oil-based substance and that  361
is not technologically enhanced naturally occurring radioactive  362
material, to use the material in any manner authorized as a  363
beneficial use in rules adopted by the director under section  364
3734.125 of the Revised Code.  365
        (W) "Commercial car," "commercial tractor," "farm  366
H. B. No. 954  Page 14
As Introduced
machinery," "motor bus," "vehicles," "motor vehicle," and  367
"semitrailer" have the same meanings as in section 4501.01 of  368
the Revised Code.  369
       (X) "Construction equipment" means road rollers, traction  370
engines, power shovels, power cranes, and other equipment used  371
in construction work, or in mining or producing or processing  372
aggregates, and not designed for or used in general highway  373
transportation.  374
       (Y) "Motor vehicle salvage dealer" has the same meaning as  375
in section 4738.01 of the Revised Code.  376
       (Z) "Scrap tire" means an unwanted or discarded tire.  377
       (AA) "Scrap tire collection facility" means any facility  378
that meets all of the following qualifications:  379
       (1) The facility is used for the receipt and storage of  380
whole scrap tires from the public prior to their transportation  381
to a scrap tire storage, monocell, monofill, or recovery  382
facility licensed under section 3734.81 of the Revised Code; a  383
solid waste incineration or energy recovery facility subject to  384
regulation under this chapter; a premises within the state where  385
the scrap tires will be beneficially used; or a scrap tire  386
storage, monocell, monofill, or recovery facility, any other  387
solid waste disposal facility authorized to dispose of scrap  388
tires, or a facility that will beneficially use the scrap tires,  389
that is located in another state, and that is operating in  390
compliance with the laws of the state in which the facility is  391
located.  392
       (2) The facility exclusively stores scrap tires in  393
portable containers.  394
       (3) The aggregate storage of the portable containers in  395
H. B. No. 954  Page 15
As Introduced
which the scrap tires are stored does not exceed five thousand  396
cubic feet.  397
       (BB) "Scrap tire monocell facility" means an individual  398
site within a solid waste landfill that is used exclusively for  399
the environmentally sound storage or disposal of whole scrap  400
tires or scrap tires that have been shredded, chipped, or  401
otherwise mechanically processed.  402
       (CC) "Scrap tire monofill facility" means an engineered  403
facility used or intended to be used exclusively for the storage  404
or disposal of scrap tires, including at least facilities for  405
the submergence of whole scrap tires in a body of water.  406
       (DD) "Scrap tire recovery facility" means any facility, or  407
portion thereof, for the processing of scrap tires for the  408
purpose of extracting or producing usable products, materials,  409
or energy from the scrap tires through a controlled combustion  410
process, mechanical process, or chemical process. "Scrap tire  411
recovery facility" includes any facility that uses the  412
controlled combustion of scrap tires in a manufacturing process  413
to produce process heat or steam or any facility that produces  414
usable heat or electric power through the controlled combustion  415
of scrap tires in combination with another fuel, but does not  416
include any solid waste incineration or energy recovery facility  417
that is designed, constructed, and used for the primary purpose  418
of incinerating mixed municipal solid wastes and that burns  419
scrap tires in conjunction with mixed municipal solid wastes, or  420
any tire retreading business, tire manufacturing finishing  421
center, or tire adjustment center having on the premises of the  422
business a single, covered scrap tire storage area at which not  423
more than four thousand scrap tires are stored.  424
       (EE) "Scrap tire storage facility" means any facility  425
H. B. No. 954  Page 16
As Introduced
where whole scrap tires are stored prior to their transportation  426
to a scrap tire monocell, monofill, or recovery facility  427
licensed under section 3734.81 of the Revised Code; a solid  428
waste incineration or energy recovery facility subject to  429
regulation under this chapter; a premises within the state where  430
the scrap tires will be beneficially used; or a scrap tire  431
storage, monocell, monofill, or recovery facility, any other  432
solid waste disposal facility authorized to dispose of scrap  433
tires, or a facility that will beneficially use the scrap tires,  434
that is located in another state, and that is operating in  435
compliance with the laws of the state in which the facility is  436
located.  437
       (FF) "Used oil" means any oil that has been refined from  438
crude oil, or any synthetic oil, that has been used and, as a  439
result of that use, is contaminated by physical or chemical  440
impurities. "Used oil" includes only those substances identified  441
as used oil by the United States environmental protection agency  442
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42  443
U.S.C.A. 6901a, as amended.  444
       (GG) "Accumulated speculatively" has the same meaning as  445
in rules adopted by the director under section 3734.12 of the  446
Revised Code.  447
       (HH) "Horizontal well" has the same meaning as in section  448
1509.01 of the Revised Code.  449
       (II) "Technologically enhanced naturally occurring  450
radioactive material" has the same meaning as in section 3748.01  451
of the Revised Code.  452
       (JJ) "Post-use polymer" means a plastic to which all of  453
the following apply:  454
H. B. No. 954  Page 17
As Introduced
       (1) It is derived from any industrial, commercial,  455
agricultural, or domestic activities, and includes pre-consumer  456
recovered materials and post-consumer materials.  457
       (2) Its use or intended use is as feedstock for the  458
manufacturing of feedstocks, raw materials, other intermediate  459
products, or final products using advanced recycling.  460
       (3) It has been sorted from solid waste and other  461
regulated waste, but may contain incidental contaminants or  462
impurities, such as paper labels or metal rings.  463
       (4) It is not mixed with solid waste or hazardous waste  464
onsite or during processing at the advanced recycling facility.  465
       (5) It is processed at an advanced recycling facility or  466
held at such facility prior to processing;  467
       (6) It is not accumulated speculatively.  468
       (KK) "Pyrolysis" means a manufacturing process through  469
which post-use polymers or recovered feedstocks are heated in  470
the absence of oxygen until melted and thermally decomposed,  471
either noncatalytically or catalytically, and are then cooled,  472
condensed, and converted into valuable raw materials,  473
intermediate products, final products, including plastic  474
monomers, chemicals, naphtha, waxes, or plastic and chemical  475
feedstocks that are returned to economic utility in the form of  476
raw materials and products.  477
       (LL) "Gasification" means a manufacturing process through  478
which post-use polymers or recovered feedstocks are heated in an  479
oxygen-controlled atmosphere and converted into syngas, followed  480
by conversion into valuable raw, intermediate, and final  481
products, including plastic monomers, chemicals, waxes,  482
lubricants, coatings, and plastic and chemical feedstocks that  483
H. B. No. 954  Page 18
As Introduced
are returned to economic utility in the form of raw materials or  484
products.  485
        (MM) "Recovered feedstock" means one or more of the  486
following materials that have not been mixed with solid waste or  487
hazardous waste on-site or during processing at an advanced  488
recycling facility and have been processed for use as a  489
feedstock in an advanced recycling facility:  490
        (1) Post-use polymers;  491
        (2) Materials for which the United States environmental  492
protection agency has made a non-waste determination or has  493
otherwise determined are feedstocks and are not solid waste.  494
        "Recovered feedstock" does not include unprocessed  495
municipal solid waste and is not accumulated speculatively.  496
        (NN) "Advanced recycling" means a manufacturing process  497
for the conversion of post-use polymers and recovered feedstocks  498
into basic raw materials, feedstocks, chemicals, and other  499
recycled products through processes that include pyrolysis,  500
gasification, depolymerization, catalytic cracking, reforming,  501
hydrogenation, solvolysis, chemolysis, and other similar  502
technologies. "Advanced recycling" does not include incineration  503
of plastics or waste-to-energy processes. "Advanced recycling"  504
is "recycling" as defined in section 3736.01 of the Revised  505
Code.  506
        (OO) "Recycled products" include products produced at  507
advanced recycling facilities, including, monomers, oligomers,  508
recycled plastics, plastic and chemical feedstocks, basic and  509
unfinished chemicals, waxes, lubricants, coatings, and  510
adhesives. "Recycled products" does not include products sold as  511
fuel.  512
H. B. No. 954  Page 19
As Introduced
       (PP) "Advanced recycling facility" means a manufacturing  513
facility that stores and converts post-use polymers and  514
recovered feedstocks it receives using advanced recycling and  515
that is subject to applicable agency regulations for air, water,  516
waste, and land use. An "advanced recycling facility" is not a  517
solid waste facility, a solid waste disposal facility, a solid  518
waste management facility, a solid waste processing facility, a  519
legitimate recycling facility, a solid waste recovery facility,  520
an incinerator, or a waste-to-energy facility.  521
       (QQ) "Depolymerization" means a manufacturing process  522
where post-use polymers are broken into smaller molecules such  523
as monomers and oligomers or raw, intermediate, or final  524
products, plastics and chemical feedstocks, basic and unfinished  525
chemicals, waxes, lubricants, and coatings.  526
       (RR) "Mass balance attribution" means a chain of custody  527
accounting methodology with rules defined by a third-party  528
certification system that enables the either of the following:  529
       (1) The attribution of the mass of advanced recycling  530
feedstocks to one or more advanced recycling products;  531
       (2) The attribution of the mass of renewable biomass  532
feedstocks to one or more renewable chemicals.  533
       (SS) "Recycled plastic" means products that are produced  534
from either of the following:  535
       (1) Mechanical recycling of pre-consumer recovered  536
feedstocks or plastics, and post-consumer plastics;  537
       (2) The advanced recycling of pre-consumer recovered  538
feedstocks or plastics, and post-consumer plastics via mass  539
balance attribution under a third-party certification system.  540
H. B. No. 954  Page 20
As Introduced
       (TT) "Solvolysis" means a manufacturing process to make  541
useful products through which post-use polymers are purified by  542
removing additives and contaminants with the aid of solvents and  543
are heated at low temperatures or pressurized. "Solvolysis"  544
includes hydrolysis, aminolysis, ammonoloysis, methanolysis, and  545
glycolysis.  546
       (UU) "Useful products" means products produced through  547
solvolysis, including monomers, intermediates, valuable  548
chemicals, plastics and chemical feedstocks, and raw materials.  549
       (VV) "Third-party certification system" means an  550
international and multi-national third-party certification  551
system that consists of a set of rules for the implementation of  552
mass balance attribution approaches for advanced recycling of  553
materials. "Third-party certification system" includes  554
international sustainability and carbon certification,  555
underwriter laboratories, SCS recycled content, roundtable on  556
sustainable biomaterials, ecoloop, and REDcert2.  557
       (WW) "Legitimate recycling facility" means any site,  558
location, tract of land, installation, or building to which all  559
of the following apply:  560
       (1) It is used or intended to be used for the purpose of  561
processing, storing, or recycling solid waste that was generated  562
off the premises of the facility.  563
       (2) Not less than sixty per cent of the weight of solid  564
waste received in any nine months during a rolling twelve-month  565
period is recycled monthly as shown by records, including  566
invoices and contracts, maintained by the owner or operator of  567
the facility.  568
       (3) Receipt, storage, and processing activities do not  569
H. B. No. 954  Page 21
As Introduced
cause a nuisance, do not pose a threat from vectors, or do not  570
adversely impact public health, safety, or the environment, or  571
cause or contribute to air or water pollution.  572
       (XX) "Legitimate recycling" means processing, storing, or  573
recycling of solid waste and returning the material to commerce  574
as a commodity for use in a beneficial manner, including as a  575
raw ingredient in a manufacturing process or as a legitimate  576
fuel that does not constitute disposal.  577
       (YY) "Renewable chemical" means a monomer, polymer,  578
plastic, formulated product, or chemical substance produced from  579
renewable biomass feedstocks or certified under a third-party  580
certification system for mass balance attribution.  581
       (ZZ) "Renewable biomass feedstocks" means renewable  582
biomass, as defined in section 125.091 of the Revised Code, that  583
is intended for subsequent use to make one or more renewable  584
chemicals.  585
       Section 2. That existing sections 125.091 and 3734.01 of  586
the Revised Code are hereby repealed.  587