Florida Senate - 2019 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1278 Ì263818AÎ263818 576-04091-19 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Agriculture, Environment, and General Government) 1 A bill to be entitled 2 An act relating to biosolids management; creating s. 3 403.0616, F.S.; requiring the Department of 4 Environmental Protection, subject to appropriation, to 5 establish a real-time water quality monitoring 6 program; encouraging the formation of public-private 7 partnerships; creating s. 403.08715, F.S.; providing 8 legislative findings; defining the term “biosolids”; 9 prohibiting the land application of biosolids on 10 certain sites; prohibiting the department from issuing 11 or renewing certain permits; directing the department 12 to initiate rulemaking by a specified date, adopt 13 specified rules for biosolids management, and 14 implement a specified water quality monitoring 15 program; providing applicability; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 403.0616, Florida Statutes, is created 21 to read: 22 403.0616 Real-time water quality monitoring program.— 23 (1) Subject to appropriation, the department shall 24 establish a real-time water quality monitoring program to assist 25 in the restoration, preservation, and enhancement of impaired 26 water bodies and coastal resources. 27 (2) In order to expedite the creation and implementation of 28 the program, the department is encouraged to form public-private 29 partnerships with established scientific entities with existing, 30 proven real-time water quality monitoring equipment and 31 experience in deploying such equipment. 32 Section 2. Section 403.08715, Florida Statutes, is created 33 to read: 34 403.08715 Biosolids management.— 35 (1) LEGISLATIVE FINDINGS.—The Legislature finds it is in 36 the best interest of the state to: 37 (a) Regulate biosolids management to minimize the migration 38 of nutrients that impair or contribute to the impairment of 39 water bodies. 40 (b) Expedite implementation of the recommendations of the 41 Biosolids Technical Advisory Committee, which includes 42 permitting based on site-specific application conditions, 43 increased inspection frequencies, groundwater and surface water 44 monitoring protocols, and nutrient management research to 45 improve the management of biosolids and protect this state’s 46 water resources and water quality. 47 (c) Expedite the implementation of biosolids processing 48 innovative technologies as a means to improve biosolids 49 management and protect water resources and water quality. 50 (2) DEFINITION.—As used in this section, the term 51 “biosolids” has the same meaning as in s. 373.4595(2). 52 (3) PROHIBITED LAND APPLICATION.— 53 (a) Beginning July 1, 2020, the land application of 54 biosolids is prohibited on any site where the biosolids 55 application zone interacts with the seasonal high water table. 56 (b) The department may not issue a new permit or renew an 57 existing permit for the land application of biosolids for any 58 site where the land application of biosolids is prohibited 59 pursuant to paragraph (a). 60 (4) RULEMAKING.— 61 (a) For sites that are not subject to the prohibition under 62 subsection (3), the department shall adopt rules for biosolids 63 management to: 64 1. Permit the use of biosolids in a manner that minimizes 65 the migration of nutrients and that prevents impairment of 66 surface water and groundwater quality, including: 67 a. Site-specific land application rates of biosolids based 68 on soil characteristics, soil adsorption capacity, water table 69 characteristics, hydrogeology, site use, and distance to surface 70 water; 71 b. An evaluation of the percentage of water-extractable 72 phosphorus in all biosolids to inform the appropriate 73 application rate; 74 c. Criteria for low-, medium-, and high-risk sites that 75 guide application practices and required water quality 76 monitoring; and 77 d. Site-specific agronomic rates based on soil and plant 78 tissue tests. The application volume is limited to the amount 79 necessary to meet the agronomic need demonstrated by the soil 80 and plant tissue test. 81 2. Establish site-specific groundwater and surface water 82 monitoring requirements. 83 (b) The department shall initiate rulemaking by August 1, 84 2019. 85 (5) WATER QUALITY MONITORING.—The department shall 86 implement an offsite water quality monitoring program sufficient 87 to determine impacts from the land application of biosolids on 88 downstream and nearby surface water and groundwater quality. 89 (6) APPLICABILITY.— 90 (a) This section does not conflict with or supersede s. 91 373.4595 or s. 373.811. 92 (b) This section does not apply to Class AA biosolids that 93 are marketed and distributed as fertilizer products in 94 accordance with department rule. 95 (c)1. An ordinance, moratorium, or regulation adopted by a 96 municipality or county before February 1, 2019, relating to the 97 land application of Class B biosolids shall remain in effect 98 until the ordinance, moratorium, or regulation is repealed by 99 the municipality or county or until the effective date of the 100 rules adopted by the department pursuant to subsection (4). 101 2. This section does not limit the ability of a 102 municipality or county to extend an ordinance, moratorium, 103 resolution, or regulation adopted before February 1, 2019, 104 relating to the land application of Class B biosolids until the 105 effective date of the rules adopted by the department pursuant 106 to subsection (4). 107 Section 3. This act shall take effect July 1, 2019.