Florida Senate - 2019                             CS for SB 1278
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Mayfield
       
       
       
       
       592-02966-19                                          20191278c1
    1                        A bill to be entitled                      
    2         An act relating to biosolids management; creating s.
    3         403.0855, F.S.; providing legislative findings and
    4         intent; defining the term “biosolids”; requiring the
    5         Department of Environmental Protection to adopt rules
    6         for biosolids management which meet certain
    7         requirements; exempting the rulemaking from specified
    8         requirements; providing applicability; authorizing a
    9         county or municipality to enact or retain in effect
   10         certain ordinances, moratoriums, or regulations;
   11         providing that certain ordinances, moratoriums, or
   12         regulations remain in effect until they are repealed
   13         or expire; defining the term “biosolids”; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 403.0855, Florida Statutes, is created
   19  to read:
   20         403.0855 Biosolids management.—
   21         (1) The Legislature finds that it is in the best interest
   22  of this state to regulate biosolids management in order to
   23  minimize the migration of nutrients that impair waterbodies. The
   24  Legislature further finds that the expedited implementation of
   25  the recommendations of the Biosolids Technical Advisory
   26  Committee, including permitting according to site-specific
   27  application conditions, an increased inspection rate,
   28  groundwater and surface water monitoring protocols, and nutrient
   29  management research, will improve biosolids management and
   30  assist in protecting this state’s water resources and water
   31  quality. The Legislature intends for innovative technologies in
   32  biosolids processing to be implemented as a means to improve
   33  biosolids management and to protect this state’s water resources
   34  and water quality.
   35         (2) As used in this section, the term “biosolids” has the
   36  same meaning as in s. 373.4595(2).
   37         (3) The department shall adopt rules for biosolids
   38  management which include, but are not limited to, the following:
   39         (a) Biosolids land application rates that ensure that
   40  nutrients do not impair or add to an existing impairment of
   41  surface water quality or groundwater quality in nearby or
   42  downstream waterbodies;
   43         (b) Site-specific land application criteria; and
   44         (c) Monitoring requirements.
   45         (4) Rules adopted pursuant to this section are not subject
   46  to ss. 120.541(3) and 403.804(2).
   47         (5) Nothing herein shall be construed to conflict with or
   48  supersede s. 373.4595.
   49         Section 2. A county or municipality may enact or retain in
   50  effect an ordinance, moratorium, or regulation relating to the
   51  land application of Class B biosolids. An ordinance, moratorium,
   52  or regulation relating to the land application of Class B
   53  biosolids adopted by a county or municipality shall remain in
   54  effect until the county or municipality repeals or lets expire
   55  the ordinance, moratorium, or regulation. The term “biosolids”
   56  has the same meaning as in s. 373.4595(2), Florida Statutes.
   57         Section 3. This act shall take effect upon becoming a law.