Address the regulation of renewable biomass

hb954_00_IN

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 Revised Code
to
address the regulation of renewable biomass.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 125.091 and 3734.01 of the Revised Code be amended to read
as follows:

Sec.
125.091.
As
used in this section and sections 125.092 and 125.093 of the Revised
Code:

(A)
"Agricultural materials" means agricultural-based materials
or residues, including plant, animal, and marine materials or
residues, used in the manufacture of commercial or industrial nonfood
products.

(B)
"Biobased product" means a product determined by the United
States secretary of agriculture to be a commercial or industrial
product, other than food or feed, that is composed, in whole or
significant part, of biological products, renewable domestic
agricultural materials, or forestry material, or is an intermediate
ingredient or feedstock.

(C)
"Biological products" means products derived from living
materials other than agricultural or forestry materials.

(D)
"Designated item" means a generic grouping of biobased
products identified in subpart B, 7 C.F.R. 2902.10 to 2902.42.

(E)
"Forest thinnings" means woody materials removed from a
dense forest to improve growth, enhance forest health, or remove
trees to recover potential mortality.

(F)
"Forestry materials" means materials derived from the
practice of planting and caring for forests and the management of
growing timber where such materials come from short-rotation woody
crops that are less than ten years old, sustainably managed forests,
wood residues, or forest thinnings.

(G)
"Intermediate ingredient or feedstock" means a material or
compound made, in whole or in significant part, from biological
products, renewable agricultural materials,
renewable
biomass,
or
forestry materials that are subsequently used to make a more complex
compound or product.

(H)

"National
forest system" means the national forests and national
grasslands managed by the United States forest service.

(I)
"Public lands" has the same meaning as in 43 U.S.C. 1702.

(J)
"Renewable biomass" means either of the following:

(1)
Materials, including pre-commercial thinnings, or invasive species,
from national forest system land and public lands to which both of
the following apply:

(a)
The materials are byproducts of preventive treatments that are
removed to reduce hazardous fuels, to reduce or contain disease or
insect infestation, or to restore ecosystem health.

(b)
The materials are harvested in accordance with both of the following:

(i)
All applicable laws and land management plans;

(ii)
Requirements for old growth stand maintenance, restoration, and
management direction and large tree retention under

section
102(e) and (f) of the "Healthy Forests Restoration Act of 2003,"
16 U.S.C. 6512.

(2)
Any organic matter that is available on a renewable or recurring
basis from nonfederal or Indian tribe land that is held in trust by
the United States or subject to a restriction against alienation
imposed by the United States, including both of the following:

(a)
Renewable plant material, including feed grains and other
agricultural materials; plants and trees; algae; and microorganisms;

(b)
Waste material, including crop residue; vegetative waste material,
including wood waste and wood residue; animal waste and byproducts,
including fats, oils, greases, and manure; food waste and yard waste;
plant-derived waste oils; municipal solid waste; and waste derived
from a treatment works, as defined in section 6111.01 of the Revised
Code.

(K)

"Sustainably
managed forests" means the practice of land stewardship that
integrates the reforestation, management, growing, nurturing, and
harvesting of trees for useful products while conserving soil and
improving air and water quality, wildlife, fish habitat, and
aesthetics.

Sec.
3734.01.
As
used in this chapter:

(A)
"Board of health" means the board of health of a city or
general health district or the authority having the duties of a board
of health in any city as authorized by section 3709.05 of the Revised
Code.

(B)
"Director" means the director of environmental protection.

(C)
"Health district" means a city or general health district
as created by or under authority of Chapter 3709. of the Revised
Code.

(D)
"Agency" means the environmental protection agency.

(E)
"Solid wastes" means such unwanted residual solid or
semisolid material as results from industrial, commercial,
agricultural, and community operations, excluding earth or material
from construction, mining, or demolition operations, or other waste
materials of the type that normally would be included in demolition
debris, nontoxic fly ash and bottom ash, including at least ash that
results from the combustion of coal and ash that results from the
combustion of coal in combination with scrap tires where scrap tires
comprise not more than fifty per cent of heat input in any month,
spent nontoxic foundry sand, nontoxic, nonhazardous, unwanted fired
and unfired, glazed and unglazed, structural products made from shale
and clay products, materials converted into a feedstock that replaces
a raw material in a manufacturing process at an advanced recycling
facility, materials used as a legitimate fuel at an advanced
recycling facility, and slag and other substances that are not
harmful or inimical to public health, and includes, but is not
limited to, garbage, scrap tires, combustible and noncombustible
material, street dirt, and debris. "Solid wastes" does not
include any material that is an infectious waste or a hazardous
waste.

(F)
"Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, emitting, or placing of any solid wastes
or hazardous waste into or on any land or ground or surface water or
into the air. When used in connection with solid waste, "disposal"
does not include any of the following:

(1)
A disposition or placement that constitutes legitimate recycling;

(2)
A disposition or placement that constitutes storage;

(3)
A disposition or placement of scrap tires that constitutes a
beneficial use or that occurs at a scrap tire recovery facility
licensed under section 3734.81 of the Revised Code;

(4)
A disposition or placement of materials constituting a beneficial use
authorized by a beneficial use permit issued under this chapter;

(5)
Advanced recycling or the storage of post-use polymers and recovered
feedstocks prior to conversion through advanced recycling
;

(6)
Storage of renewable biomass feedstocks prior to conversion to one or
more renewable chemicals
.

(G)
"Person" includes the state, any political subdivision and
other state or local body, the United States and any agency or
instrumentality thereof, and any legal entity defined as a person
under section 1.59 of the Revised Code.

(H)
"Open burning" means the burning of solid wastes in an open
area or burning of solid wastes in a type of chamber or vessel that
is not approved or authorized in rules adopted by the director under
section 3734.02 of the Revised Code or, if the solid wastes consist
of scrap tires, in rules adopted under division (V) of this section
or section 3734.73 of the Revised Code, or the burning of treated or
untreated infectious wastes in an open area or in a type of chamber
or vessel that is not approved in rules adopted by the director under
section 3734.021 of the Revised Code.

(I)
"Open dumping" means any of the following:

(1)
The depositing of solid wastes into a body or stream of water or onto
the surface of the ground at a site that is not any of the following:

(a)
Licensed as a solid waste facility under section 3734.05 of the
Revised Code;

(b)
A legitimate recycling facility;

(c)
An advanced recycling facility;

(d)
If the solid wastes consist of scrap tires, licensed as a scrap tire
collection, storage, monocell, monofill, or recovery facility under
section 3734.81 of the Revised Code.

(2)
The depositing of solid wastes that consist of scrap tires onto the
surface of the ground at a site or in a manner not specifically
identified in divisions (C)(2) to (5), (7), or (10) of section
3734.85 of the Revised Code;

(3)
The depositing of untreated infectious wastes into a body or stream
of water or onto the surface of the ground; or the depositing of
treated infectious wastes into a body or stream of water or onto the
surface of the ground at a site that is not licensed as a solid waste
facility under section 3734.05 of the Revised Code;

(4)
The disposal of scrap tires in a trailer, vehicle, or building that
is not licensed as a scrap tire collection, storage, monocell,
monofill, or recovery facility.

(J)
"Hazardous waste" means any waste or combination of wastes
in solid, liquid, semisolid, or contained gaseous form that in the
determination of the director, because of its quantity,
concentration, or physical or chemical characteristics, may do either
of the following:

(1)
Cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible
illness;

(2)
Pose a substantial present or potential hazard to human health or
safety or to the environment when improperly stored, treated,
transported, disposed of, or otherwise managed.

"Hazardous
waste" includes any substance identified by regulation as
hazardous waste under the "Resource Conservation and Recovery
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, and
does not include any substance that is subject to the "Atomic
Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as amended.

(K)
"Treat" or "treatment," when used in connection
with hazardous waste, means any method, technique, or process,
including neutralization, designed to change the physical, chemical,
or biological character or composition of any hazardous waste so as
to neutralize the waste; recover energy or material resources from
the waste; render the waste nonhazardous or less hazardous, safer to
transport, store, or dispose of, or amenable for recovery or storage;
or reduce the volume of the waste. When used in connection with
infectious wastes, "treat" or "treatment" means
any method, technique, or process that renders the wastes
noninfectious so that it is no longer an infectious waste and is no
longer an infectious substance as defined in applicable federal law,
including, without limitation, steam sterilization and incineration,
and, in the instance of wastes identified in division (R)(7) of this
section, to substantially reduce or eliminate the potential for the
wastes to cause lacerations or puncture wounds.

(L)
"Manifest" means the form used for identifying the
quantity, composition, origin, routing, and destination of hazardous
waste during its transportation from the point of generation to the
point of disposal, treatment, or storage.

(M)(1)
When used in connection with hazardous waste, "storage"
means the holding of hazardous waste for a temporary period in such a
manner that it remains retrievable and substantially unchanged
physically and chemically and, at the end of the period, is treated;
disposed of; stored elsewhere; or reused, recycled, or reclaimed in a
beneficial manner;

(2)
When used in connection with legitimate recycling of solid waste
other than scrap tires, "storage" means the placement of
solid waste on the ground prior to legitimate recycling for a period
of less than ninety days provided all the following apply:

(a)
The solid waste remains retrievable and substantially unchanged.

(b)
The solid waste does not cause a nuisance.

(c)
The storage of solid waste occurs at a legitimate recycling facility.

(d)
The storage of solid waste does not pose a threat from vectors.

(e)
The storage of solid waste does not adversely impact public health,
safety, or the environment.

(f)
Prior to the end of the storage period of less than ninety days, the
solid waste is lawfully disposed, beneficially used, or recycled in
accordance with this chapter and rules adopted under it.

(3)
When used in connection with scrap tires, "storage" means
the holding of scrap tires for a temporary period in such a manner
that they remain retrievable and, at the end of that period, are
beneficially used; stored elsewhere; placed in a scrap tire monocell
or monofill facility licensed under section 3734.81 of the Revised
Code; processed at a scrap tire recovery facility licensed under that
section or a solid waste incineration or energy recovery facility
subject to regulation under this chapter; or transported to a scrap
tire monocell, monofill, or recovery facility, any other solid waste
facility authorized to dispose of scrap tires, or a facility that
will beneficially use the scrap tires, that is located in another
state and is operating in compliance with the laws of the state in
which the facility is located.

(N)
"Facility" means any site, location, tract of land,
installation, or building used for incineration, composting, sanitary
landfilling, or other methods of disposal of solid wastes or, if the
solid wastes consist of scrap tires, for the collection, storage, or
processing of the solid wastes; for the transfer of solid wastes; for
the treatment of infectious wastes; or for the storage, treatment, or
disposal of hazardous waste.

(O)
"Closure" means the time at which a hazardous waste
facility will no longer accept hazardous waste for treatment,
storage, or disposal, the time at which a solid waste facility will
no longer accept solid wastes for transfer or disposal or, if the
solid wastes consist of scrap tires, for storage or processing, or
the effective date of an order revoking the permit for a hazardous
waste facility or the registration certificate, permit, or license
for a solid waste facility, as applicable. "Closure"
includes measures performed to protect public health or safety, to
prevent air or water pollution, or to make the facility suitable for
other uses, if any, including, but not limited to, the removal of
processing residues resulting from solid wastes that consist of scrap
tires; the establishment and maintenance of a suitable cover of soil
and vegetation over cells in which hazardous waste or solid wastes
are buried; minimization of erosion, the infiltration of surface
water into such cells, the production of leachate, and the
accumulation and runoff of contaminated surface water; the final
construction of facilities for the collection and treatment of
leachate and contaminated surface water runoff, except as otherwise
provided in this division; the final construction of air and water
quality monitoring facilities, except as otherwise provided in this
division; the final construction of methane gas extraction and
treatment systems; or the removal and proper disposal of hazardous
waste or solid wastes from a facility when necessary to protect
public health or safety or to abate or prevent air or water
pollution. With regard to a solid waste facility that is a scrap tire
facility, "closure" includes the final construction of
facilities for the collection and treatment of leachate and
contaminated surface water runoff and the final construction of air
and water quality monitoring facilities only if those actions are
determined to be necessary.

(P)
"Premises" means either of the following:

(1)
Geographically contiguous property owned by a generator;

(2)
Noncontiguous property that is owned by a generator and connected by
a right-of-way that the generator controls and to which the public
does not have access. Two or more pieces of property that are
geographically contiguous and divided by public or private
right-of-way or rights-of-way are a single premises.

(Q)
"Post-closure" means that period of time following closure
during which a hazardous waste facility is required to be monitored
and maintained under this chapter and rules adopted under it,
including, without limitation, operation and maintenance of methane
gas extraction and treatment systems, or the period of time after
closure during which a scrap tire monocell or monofill facility
licensed under section 3734.81 of the Revised Code is required to be
monitored and maintained under this chapter and rules adopted under
it.

(R)
"Infectious wastes" means any wastes or combination of
wastes that include cultures and stocks of infectious agents and
associated biologicals, human blood and blood products, and
substances that were or are likely to have been exposed to or
contaminated with or are likely to transmit an infectious agent or
zoonotic agent, including all of the following:

(1)
Laboratory wastes;

(2)
Pathological wastes;

(3)
Animal blood and blood products;

(4)
Animal carcasses and parts;

(5)
Waste materials from the rooms of humans, or the enclosures of
animals, that have been isolated because of diagnosed communicable
disease that are likely to transmit infectious agents. Such waste
materials from the rooms of humans do not include any wastes of
patients who have been placed on blood and body fluid precautions
under the universal precaution system established by the centers for
disease control in the public health service of the United States
department of health and human services, except to the extent
specific wastes generated under the universal precautions system have
been identified as infectious wastes by rules adopted under division
(R)(7) of this section.

(6)
Sharp wastes used in the treatment, diagnosis, or inoculation of
human beings or animals;

(7)
Any other waste materials generated in the diagnosis, treatment, or
immunization of human beings or animals, in research pertaining
thereto, or in the production or testing of biologicals, that the
director of health, by rules adopted in accordance with Chapter 119.
of the Revised Code, identifies as infectious wastes after
determining that the wastes present a substantial threat to human
health when improperly managed because they are contaminated with, or
are likely to be contaminated with, infectious agents.

As
used in this division, "blood products" does not include
patient care waste such as bandages or disposable gowns that are
lightly soiled with blood or other body fluids unless those wastes
are soiled to the extent that the generator of the wastes determines
that they should be managed as infectious wastes.

(S)
"Infectious agent" means a type of microorganism, pathogen,
virus, or proteinaceous infectious particle that can cause or
significantly contribute to disease in or death of human beings.

(T)
"Zoonotic agent" means a type of microorganism, pathogen,
or virus that causes disease in vertebrate animals, is transmissible
to human beings, and can cause or significantly contribute to disease
in or death of human beings.

(U)
"Solid waste transfer facility" means any site, location,
tract of land, installation, or building that is used or intended to
be used primarily for the purpose of transferring solid wastes that
were generated off the premises of the facility from vehicles or
containers into other vehicles for transportation to a solid waste
disposal facility. "Solid waste transfer facility" does not
include an advanced recycling facility, a legitimate recycling
facility, or any facility that consists solely of portable containers
that have an aggregate volume of fifty cubic yards or less.

(V)
"Beneficially use" includes:

(1)
With regard to scrap tires, to use a scrap tire in a manner that
results in a commodity for sale or exchange or in any other manner
authorized as a beneficial use in rules adopted by the director in
accordance with Chapter 119. of the Revised Code;

(2)
With regard to material from a horizontal well that has come in
contact with a refined oil-based substance and that is not
technologically enhanced naturally occurring radioactive material, to
use the material in any manner authorized as a beneficial use in
rules adopted by the director under section 3734.125 of the Revised
Code.

(W)
"Commercial car," "commercial tractor," "farm
machinery," "motor bus," "vehicles," "motor
vehicle," and "semitrailer" have the same meanings as
in section 4501.01 of the Revised Code.

(X)
"Construction equipment" means road rollers, traction
engines, power shovels, power cranes, and other equipment used in
construction work, or in mining or producing or processing
aggregates, and not designed for or used in general highway
transportation.

(Y)
"Motor vehicle salvage dealer" has the same meaning as in
section 4738.01 of the Revised Code.

(Z)
"Scrap tire" means an unwanted or discarded tire.

(AA)
"Scrap tire collection facility" means any facility that
meets all of the following qualifications:

(1)
The facility is used for the receipt and storage of whole scrap tires
from the public prior to their transportation to a scrap tire
storage, monocell, monofill, or recovery facility licensed under
section 3734.81 of the Revised Code; a solid waste incineration or
energy recovery facility subject to regulation under this chapter; a
premises within the state where the scrap tires will be beneficially
used; or a scrap tire storage, monocell, monofill, or recovery
facility, any other solid waste disposal facility authorized to
dispose of scrap tires, or a facility that will beneficially use the
scrap tires, that is located in another state, and that is operating
in compliance with the laws of the state in which the facility is
located.

(2)
The facility exclusively stores scrap tires in portable containers.

(3)
The aggregate storage of the portable containers in which the scrap
tires are stored does not exceed five thousand cubic feet.

(BB)
"Scrap tire monocell facility" means an individual site
within a solid waste landfill that is used exclusively for the
environmentally sound storage or disposal of whole scrap tires or
scrap tires that have been shredded, chipped, or otherwise
mechanically processed.

(CC)
"Scrap tire monofill facility" means an engineered facility
used or intended to be used exclusively for the storage or disposal
of scrap tires, including at least facilities for the submergence of
whole scrap tires in a body of water.

(DD)
"Scrap tire recovery facility" means any facility, or
portion thereof, for the processing of scrap tires for the purpose of
extracting or producing usable products, materials, or energy from
the scrap tires through a controlled combustion process, mechanical
process, or chemical process. "Scrap tire recovery facility"
includes any facility that uses the controlled combustion of scrap
tires in a manufacturing process to produce process heat or steam or
any facility that produces usable heat or electric power through the
controlled combustion of scrap tires in combination with another
fuel, but does not include any solid waste incineration or energy
recovery facility that is designed, constructed, and used for the
primary purpose of incinerating mixed municipal solid wastes and that
burns scrap tires in conjunction with mixed municipal solid wastes,
or any tire retreading business, tire manufacturing finishing center,
or tire adjustment center having on the premises of the business a
single, covered scrap tire storage area at which not more than four
thousand scrap tires are stored.

(EE)
"Scrap tire storage facility" means any facility where
whole scrap tires are stored prior to their transportation to a scrap
tire monocell, monofill, or recovery facility licensed under section
3734.81 of the Revised Code; a solid waste incineration or energy
recovery facility subject to regulation under this chapter; a
premises within the state where the scrap tires will be beneficially
used; or a scrap tire storage, monocell, monofill, or recovery
facility, any other solid waste disposal facility authorized to
dispose of scrap tires, or a facility that will beneficially use the
scrap tires, that is located in another state, and that is operating
in compliance with the laws of the state in which the facility is
located.

(FF)
"Used oil" means any oil that has been refined from crude
oil, or any synthetic oil, that has been used and, as a result of
that use, is contaminated by physical or chemical impurities. "Used
oil" includes only those substances identified as used oil by
the United States environmental protection agency under the "Used
Oil Recycling Act of 1980," 94 Stat. 2055, 42 U.S.C.A. 6901a, as
amended.

(GG)
"Accumulated speculatively" has the same meaning as in
rules adopted by the director under section 3734.12 of the Revised
Code.

(HH)
"Horizontal well" has the same meaning as in section
1509.01 of the Revised Code.

(II)
"Technologically enhanced naturally occurring radioactive
material" has the same meaning as in section 3748.01 of the
Revised Code.

(JJ)
"Post-use polymer" means a plastic to which all of the
following apply:

(1)
It is derived from any industrial, commercial, agricultural, or
domestic activities, and includes pre-consumer recovered materials
and post-consumer materials.

(2)
Its use or intended use is as feedstock for the manufacturing of
feedstocks, raw materials, other intermediate products, or final
products using advanced recycling.

(3)
It has been sorted from solid waste and other regulated waste, but
may contain incidental contaminants or impurities, such as paper
labels or metal rings.

(4)
It is not mixed with solid waste or hazardous waste onsite or during
processing at the advanced recycling facility.

(5)
It is processed at an advanced recycling facility or held at such
facility prior to processing;

(6)
It is not accumulated speculatively.

(KK)
"Pyrolysis" means a manufacturing process through which
post-use polymers or recovered feedstocks are heated in the absence
of oxygen until melted and thermally decomposed, either
noncatalytically or catalytically, and are then cooled, condensed,
and converted into valuable raw materials, intermediate products,
final products, including plastic monomers, chemicals, naphtha,
waxes, or plastic and chemical feedstocks that are returned to
economic utility in the form of raw materials and products.

(LL)
"Gasification" means a manufacturing process through which
post-use polymers or recovered feedstocks are heated in an
oxygen-controlled atmosphere and converted into syngas, followed by
conversion into valuable raw, intermediate, and final products,
including plastic monomers, chemicals, waxes, lubricants, coatings,
and plastic and chemical feedstocks that are returned to economic
utility in the form of raw materials or products.

(MM)
"Recovered feedstock" means one or more of the following
materials that have not been mixed with solid waste or hazardous
waste on-site or during processing at an advanced recycling facility
and have been processed for use as a feedstock in an advanced
recycling facility:

(1)
Post-use polymers;

(2)
Materials for which the United States environmental protection agency
has made a non-waste determination or has otherwise determined are
feedstocks and are not solid waste.

"Recovered
feedstock" does not include unprocessed municipal solid waste
and is not accumulated speculatively.

(NN)
"Advanced recycling" means a manufacturing process for the
conversion of post-use polymers and recovered feedstocks into basic
raw materials, feedstocks, chemicals, and other recycled products
through processes that include pyrolysis, gasification,
depolymerization, catalytic cracking, reforming, hydrogenation,
solvolysis, chemolysis, and other similar technologies. "Advanced
recycling" does not include incineration of plastics or
waste-to-energy processes. "Advanced recycling" is
"recycling" as defined in section 3736.01 of the Revised
Code.

(OO)
"Recycled products" include products produced at advanced
recycling facilities
,

including
,

monomers, oligomers, recycled plastics, plastic and chemical
feedstocks, basic and unfinished chemicals, waxes, lubricants,
coatings, and adhesives. "Recycled products" does not
include products sold as fuel.

(PP)
"Advanced recycling facility" means a manufacturing
facility that stores and converts post-use polymers and recovered
feedstocks it receives using advanced recycling and that is subject
to applicable agency regulations for air, water, waste, and land use.
An "advanced recycling facility" is not a solid waste
facility, a solid waste disposal facility, a solid waste management
facility, a solid waste processing facility, a legitimate recycling
facility, a solid waste recovery facility, an incinerator, or a
waste-to-energy facility.

(QQ)
"Depolymerization" means a manufacturing process where
post-use polymers are broken into smaller molecules such as monomers
and oligomers or raw, intermediate, or final products, plastics and
chemical feedstocks, basic and unfinished chemicals, waxes,
lubricants, and coatings.

(RR)
"Mass balance attribution" means a chain of custody
accounting methodology with rules defined by a third-party
certification system that enables
the

either
of the following:

(1)
The
attribution
of the mass of advanced recycling feedstocks to one or more advanced
recycling products
;

(2)
The attribution of the mass of renewable biomass feedstocks to one or
more renewable chemicals
.

(SS)
"Recycled plastic" means products that are produced from
either of the following:

(1)
Mechanical recycling of pre-consumer recovered feedstocks or
plastics, and post-consumer plastics;

(2)
The advanced recycling of pre-consumer recovered feedstocks or
plastics, and post-consumer plastics via mass balance attribution
under a third
-
party
certification system.

(TT)
"Solvolysis" means a manufacturing process to make useful
products through which post-use polymers are purified by removing
additives and contaminants with the aid of solvents and are heated at
low temperatures or pressurized. "Solvolysis" includes
hydrolysis, aminolysis, ammonoloysis, methanolysis, and glycolysis.

(UU)
"Useful products" means products produced through
solvolysis, including monomers, intermediates, valuable chemicals,
plastics and chemical feedstocks, and raw materials.

(VV)
"Third-party certification system" means an international
and multi-national third-party certification system that consists of
a set of rules for the implementation of mass balance attribution
approaches for advanced recycling of materials. "Third-party
certification system" includes international sustainability and
carbon certification, underwriter laboratories, SCS recycled content,
roundtable on sustainable biomaterials, ecoloop, and REDcert2.

(WW)
"Legitimate recycling facility" means any site, location,
tract of land, installation, or building to which all of the
following apply:

(1)
It is used or intended to be used for the purpose of processing,
storing, or recycling solid waste that was generated off the premises
of the facility.

(2)
Not less than sixty per cent of the weight of solid waste received in
any nine months during a rolling twelve-month period is recycled
monthly as shown by records, including invoices and contracts,
maintained by the owner or operator of the facility.

(3)
Receipt, storage, and processing activities do not cause a nuisance,
do not pose a threat from vectors, or do not adversely impact public
health, safety, or the environment, or cause or contribute to air or
water pollution.

(XX)
"Legitimate recycling" means processing, storing, or
recycling of solid waste and returning the material to commerce as a
commodity for use in a beneficial manner, including as a raw
ingredient in a manufacturing process or as a legitimate fuel that
does not constitute disposal.

(YY)
"Renewable chemical" means a monomer, polymer, plastic,
formulated product, or chemical substance produced from renewable
biomass feedstocks or certified under a third-party certification
system for mass balance attribution.

(ZZ)
"Renewable biomass feedstocks" means renewable biomass, as
defined in section 125.091 of the Revised Code, that is intended for
subsequent use to make one or more renewable chemicals.

Section
2.
That
existing sections 125.091 and 3734.01 of the Revised Code are hereby
repealed.