Ethanol Fermentation definition removed from state legislative bill

A proposed definition of the process of producing ethanol as fermentation that would have cut the legs from a City of Fernandina Beach denial of Rayonier Advanced Materials (RYAM) efforts to build a production plant was removed today from a proposed bill before the State House of Representatives.

Bill 1080 had included an amendment that said ethanol production was a fermentation process and not chemical manufacturing. The bill was being considered for passage before a session of the full House of Representatives.

The ethanol amendment was removed by another amendment midway in discussion by the bill's sponsor Rep. Toby Ovberdorf, R-Palm City. There was a smattering of 'nay' votes as the amendment was passed by the House and the ethanol definition removed. In introducing the ethanol definition several weeks ago before the House Commerce Committee, Overdorf told the committee that ethanol production was similar to making beer as a fermentation process.

The definition had stated: "Production of ethanol from plants or plant products by fermentation, distillation, or drying does not constitute chemical manufacturing or chemical refining. This subsection is intended to be remedial and clarifying in nature and shall apply retroactively to any law, regulation, or ordinance or any interpretation thereof."

"Fernandina residents - you’re allowed to clap your hands and stamp your feet. The ethanol language was removed in the House discussion, so we won this round. It does however have to go back to the Senate for further discussion," Julie Ferreira of No Ethanol Fernandina wrote on Facebook. "Let’s just smile, clap a little and stay up on our toes. The message is: Please continue to respect the choices of Fernandina Beach and do not include any new definitions of ethanol production in SB 1080."

However, in order to become law both the House and Senate bills must be identical in language and then approved by the governor.

RYAM is currently suing the city of Fernandina Beach over its denial to build the facility on the grounds that bioethanol is 'chemical manufacturing', which is not allowed under the city's Comprehensive Plan and Land Development Code.

If passed into law, the bill would nullify the city's outside legal expert's previous opinion that RYAM's proposed bioethanol process is 'chemical manufacturing.' The legal ruling was the basis of the city's rejection of RYAM's application to construct the $51 million facility at its Gum Street complex.

Once in operation, the production plant would generate 7.5 million gallons of bioethanol yearly that would be transported for sale at other locations. The facility would include several large storage tanks.

Last month, City Manager Sarah Campbell sent RYAM a notice that its application to construct the bioethanol facility would not be reviewed by the city because chemical manufacturing is not permitted in the city.

RYAM has also filed a lawsuit against the city in federal court claiming the city failed to follow any established procedures in order to deny its application and acted improperly towards the company.

 That action by RYAM followed a lawsuit in Nassau County claiming the city acted improperly in processing its application for the project.