S.F. 534 Section 1. Section 455B.301, Code 2019, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 9A. “Gasification” means a process through 3 which recoverable feedstocks are heated and converted into a 4 fuel and gas mixture in an oxygen-deficient atmosphere and 5 the mixture is converted to crude oil, diesel, gasoline, home 6 heating oil, or other fuels; chemicals, waxes, lubricants, 7 chemical feedstocks, diesel and gasoline blendstocks, or 8 other raw materials; or intermediate or final products that 9 are returned to the economic mainstream in the form of raw 10 materials, products, or fuels. 11 NEW SUBSECTION . 9B. “Gasification facility” means a 12 facility that receives, separates, stores, and converts 13 post-use polymers and recoverable feedstocks using 14 gasification. A gasification facility is not a sanitary 15 disposal project, solid waste disposal facility, or processing 16 facility. 17 NEW SUBSECTION . 16A. “ Post-use polymer” means a plastic 18 polymer to which all of the following apply: 19 a. The plastic polymer is derived from any industrial, 20 commercial, agricultural, or domestic activities. 21 b. The plastic polymer is used or is intended to be used 22 to manufacture crude oil, fuels, feedstocks, blendstocks, raw 23 materials, or other intermediate products or final products 24 using pyrolysis or gasification. 25 c. The plastic polymer may contain incidental contaminants 26 or impurities, such as paper labels or metal rings. 27 NEW SUBSECTION . 18A. “Pyrolysis” means a process through 28 which post-use polymers are heated in the absence of oxygen 29 until melted and thermally decomposed and are then cooled, 30 condensed, and converted to crude oil, diesel, gasoline, home 31 heating oil, or other fuels; chemicals, waxes, lubricants, 32 chemical feedstocks, diesel and gasoline blendstocks, or 33 other raw materials; or intermediate or final products that 34 are returned to the economic mainstream in the form of raw 35 -1- LSB 2320SV (3) 88 js/tm 1/ 4

S.F. 534 materials, products, or fuels. 1 NEW SUBSECTION . 18B. “Pyrolysis facility” means a facility 2 that receives, separates, stores, and converts post-use 3 polymers using pyrolysis. A pyrolysis facility is not a 4 sanitary disposal project, solid waste disposal facility, or 5 processing facility. 6 NEW SUBSECTION . 18C. “Recoverable feedstock” means one or 7 more of the following materials derived from recoverable waste 8 that has been processed so that it may be used as feedstock in a 9 gasification facility: 10 a. Post-use polymers. 11 b. Materials for which the United States environmental 12 protection agency has made a nonwaste determination pursuant to 13 40 C.F.R. 241.3(c), or has otherwise determined are not solid 14 waste. 15 Sec. 2. Section 455B.301, subsections 21, 23, and 24, Code 16 2019, are amended to read as follows: 17 21. “Sanitary disposal project” means all facilities 18 and appurtenances including all real and personal property 19 connected with such facilities, which are acquired, purchased, 20 constructed, reconstructed, equipped, improved, extended, 21 maintained, or operated to facilitate the final disposition of 22 solid waste without creating a significant hazard to the public 23 health or safety, and which are approved by the executive 24 director. “Sanitary disposal project” does not include a 25 pyrolysis or gasification facility. 26 23. “Solid waste” means garbage, refuse, rubbish, and other 27 similar discarded solid or semisolid materials, including 28 but not limited to such materials resulting from industrial, 29 commercial, agricultural, and domestic activities. “Solid 30 waste” may include vehicles, as defined by section 321.1, 31 subsection 90 . This definition does not prohibit the use of 32 rubble at places other than a sanitary disposal project. “Solid 33 waste” does not include any of the following: 34 a. Hazardous waste regulated under the federal Resource 35 -2- LSB 2320SV (3) 88 js/tm 2/ 4

S.F. 534 Conservation and Recovery Act, 42 U.S.C. §6921-6934. 1 b. Hazardous waste as defined in section 455B.411 , except 2 to the extent that rules allowing for the disposal of specific 3 wastes have been adopted by the commission. 4 c. Source, special nuclear, or by-product material as 5 defined in the Atomic Energy Act of 1954, as amended to January 6 1, 1979. 7 d. Petroleum contaminated soil that has been remediated to 8 acceptable state or federal standards. 9 e. Steel slag which is a product resulting from the steel 10 manufacturing process and is managed as an item of value in a 11 controlled manner and not as a discarded material. 12 f. Material that is legitimately recycled pursuant to 13 section 455D.4A . 14 g. Post-use polymers or recoverable feedstocks that are any 15 of the following: 16 (1) Processed at a pyrolysis or gasification facility. 17 (2) Held at a pyrolysis or gasification facility prior to 18 processing to ensure production is not interrupted. 19 24. “Waste conversion technologies” means thermal, chemical, 20 mechanical, and biological processes capable of converting 21 waste from which recyclable materials have been substantially 22 diverted or removed into useful products and chemicals, green 23 fuels such as ethanol and biodiesel, and clean, renewable 24 energy. “Waste conversion technologies” includes but is not 25 limited to anaerobic digestion, plasma gasification, and 26 pyrolysis , except the term does not include gasification 27 and pyrolysis facilities that process post-use polymers or 28 recoverable feedstocks . 29 Sec. 3. NEW SECTION . 455B.305B Pyrolysis or gasification 30 material ownership. 31 Preprocessed and postprocessed post-use polymers and 32 recoverable feedstocks stored at a pyrolysis facility 33 or gasification facility are the sole property of the 34 pyrolysis facility or gasification facility. Within sixty 35 -3- LSB 2320SV (3) 88 js/tm 3/ 4

S.F. 534 days of termination of operations at the facility, all 1 unused preprocessed and postprocessed post-use polymers and 2 recoverable feedstocks must be sold or disposed of by the 3 pyrolysis facility or gasification facility in compliance with 4 applicable laws. 5 Sec. 4. REPEAL. Section 455D.15A, Code 2019, is repealed. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the use of gasification and pyrolysis 10 facilities for the conversion of certain recoverable waste 11 materials. 12 The bill creates definitions for the processes of 13 gasification and pyrolysis, the facilities where those 14 processes take place (“gasification facility” and “pyrolysis 15 facility”), and the materials used in those processes 16 (“post-use polymer” and “recoverable feedstock”). The 17 bill excludes pyrolysis and gasification facilities from 18 the definition of “sanitary disposal project”, certain 19 post-use polymers and recoverable feedstocks from the 20 definition of “solid waste”, and certain gasification and 21 pyrolysis facilities from the definition of “waste conversion 22 technologies”. As such, certain post-use polymers and 23 recoverable feedstocks and certain gasification and pyrolysis 24 facilities are not subject to solid waste procedures and 25 requirements set forth in Code chapter 455B. 26 The bill also provides that preprocessed and postprocessed 27 post-use polymers and recoverable feedstocks are the sole 28 property of the pyrolysis or gasification facility at which 29 those materials are stored. Under the bill, those materials 30 shall be sold or lawfully disposed of within 60 days of the 31 termination of operations of a pyrolysis or gasification 32 facility. The bill also repeals permit and fee requirements 33 for facilities using waste conversion technologies. 34 -4- LSB 2320SV (3) 88 js/tm 4/ 4