Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 880
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2023           .                                

       The Committee on Environment and Natural Resources (Brodeur)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 403.0674, Florida Statutes, is created
    6  to read:
    7         403.0674Biosolids grant program.—A biosolids grant program
    8  is established within the Department of Environmental
    9  Protection.
   10         (1)Subject to the appropriation of funds by the
   11  Legislature, the department may provide grants to counties and
   12  municipalities in this state to support projects to construct,
   13  upgrade, expand, or retrofit domestic facilities that convert
   14  wastewater residuals to Class AA biosolids. An applicant for a
   15  biosolids grant must be a county or municipal governmental
   16  entity; however, applicants are encouraged to form public
   17  private partnerships with private utilities and firms.
   18         (2)In allocating grant funds, the department shall
   19  prioritize projects by considering each project’s economic and
   20  market feasibility, as well as the environmental benefit that a
   21  project may provide.
   22         (a)To evaluate a project’s economic and market
   23  feasibility, the department shall review a detailed cost-benefit
   24  analysis for the project which includes the project’s overall
   25  economic impact and both current and future market potential,
   26  including current or prospective buyers or users of the
   27  project’s Class AA biosolids.
   28         (b)To evaluate the environmental benefit of a project, the
   29  department shall review an analysis of how the project’s Class
   30  AA biosolids are projected to minimize the migration of
   31  nutrients and other pollutants that degrade water quality.
   32         (3)The department shall administer the grant program so
   33  that, of the funds made available each year under this section:
   34         (a)At least 33 percent is reserved for projects that
   35  convert wastewater residuals into composted Class AA biosolids
   36  that meet the requirements of the United States Compost
   37  Council’s Seal of Testing Assurance Program as being fully
   38  stabilized.
   39         (b)At least 33 percent is reserved for projects that
   40  convert wastewater residuals into both Class AA biosolids and a
   41  solution of ammonia nitrogen, a valuable alternative to
   42  synthetic nitrogen fertilizers.
   43         (c)At least 10 percent is reserved for projects within an
   44  area designated as a rural area of opportunity under s.
   45  288.0656.
   46         (4) If the department does not receive sufficient
   47  applications for projects described in subsection (3), the
   48  department may reallocate the reserved funds to other projects
   49  that are prioritized based on the department’s evaluation of
   50  projects under subsection (2).
   51         (5)(a)Except as provided in paragraph (b), the department
   52  shall require that each project grant have a minimum of a 50
   53  percent funding match from local, state, federal, or private
   54  funds.
   55         (b)The department may waive, in whole or in part, the
   56  match requirement in paragraph (a) for proposed projects within
   57  an area designated as a rural area of opportunity under s.
   58  288.0656.
   59         Section 2. Subsections (7) and (8) are added to section
   60  403.0855, Florida Statutes, to read:
   61         403.0855 Biosolids management.—
   62         (7) The department may not authorize a land application
   63  site permit for Class B biosolids within the subwatershed of a
   64  waterbody or waterbody segment listed as impaired for either
   65  nitrogen or phosphorus pursuant to s. 403.067 or within an
   66  adjoining upstream subwatershed containing surface waters that
   67  flow to a waterbody listed as impaired for either nitrogen or
   68  phosphorus pursuant to s. 403.067 unless the applicant
   69  affirmatively demonstrates that the phosphorus and nitrogen in
   70  the biosolids will not add to the nutrient load in the impaired
   71  subwatershed. This demonstration must be based on achieving a
   72  net balance between nutrient imports relative to exports on the
   73  permitted land application site. Exports may include only
   74  nutrients removed from the subwatershed through products
   75  generated on the permitted land application site. Beginning
   76  November 1, 2023, and each November 1 thereafter, the department
   77  shall publish updated maps designating the subwatersheds of
   78  water bodies protected under this subsection.
   79         (8)New or renewed Class B biosolid land application site
   80  permits issued after November 1, 2023, must meet the
   81  requirements of this section by July 1, 2024. All permits for
   82  biosolid land application sites must meet the requirements of
   83  this section by July 1, 2025.
   84         Section 3. This act shall take effect July 1, 2023.
   86  ================= T I T L E  A M E N D M E N T ================
   87  And the title is amended as follows:
   88         Delete everything before the enacting clause
   89  and insert:
   90                        A bill to be entitled                      
   91         An act relating to biosolids; creating s. 403.0674,
   92         F.S.; establishing a biosolids grant program within
   93         the Department of Environmental Protection;
   94         authorizing the department, subject to appropriation,
   95         to provide biosolid grants for certain projects that
   96         convert wastewater residuals to Class AA biosolids;
   97         providing applicant requirements; providing for the
   98         prioritization of projects; providing for the
   99         administration of the grant program; authorizing the
  100         department to waive requirements for certain projects;
  101         amending s. 403.0855, F.S.; prohibiting the department
  102         from authorizing land application site permits for
  103         Class B biosolids unless a certain demonstration can
  104         be made; requiring the department to publish and
  105         annually update maps of protected subwatersheds;
  106         requiring land application site permits to meet
  107         certain requirements by specified dates; providing an
  108         effective date.
  110         WHEREAS, the Legislature encourages the highest levels of
  111  treatment, quality, and use for biosolids, and
  112         WHEREAS, the Legislature encourages the beneficial use of
  113  biosolids in a manner that will foster public acceptance and
  114  innovative and alternative uses for biosolids, NOW, THEREFORE,