Florida Senate - 2023                                     SB 880
       By Senator Brodeur
       10-01091-23                                            2023880__
    1                        A bill to be entitled                      
    2         An act relating to biosolids; amending s. 403.0673,
    3         F.S.; authorizing the Department of Environmental
    4         Protection, subject to appropriation, to provide
    5         grants within the wastewater grant program for
    6         projects that convert wastewater residuals to
    7         biosolids; providing for the prioritization of such
    8         projects; amending s. 403.0855, F.S.; prohibiting the
    9         department from authorizing land application site
   10         permits for Class B biosolids unless a certain
   11         demonstration can be made; requiring the department to
   12         publish and annually update maps of protected
   13         subwatersheds; requiring land application site permits
   14         to meet certain requirements by specified dates;
   15         amending s. 403.1835, F.S.; requiring that department
   16         water pollution control financial assistance be
   17         administered to provide a specified percentage of
   18         available funding to projects that convert wastewater
   19         residuals to biosolids; providing an effective date.
   21         WHEREAS, the Legislature encourages the highest levels of
   22  treatment, quality, and use for biosolids, and
   23         WHEREAS, the Legislature encourages the beneficial use of
   24  biosolids in a manner that will foster public acceptance, as
   25  well as innovative and alternative uses for biosolids, NOW,
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Present subsections (4) and (5) of section
   31  403.0673, Florida Statutes, are redesignated as subsections (5)
   32  and (6), respectively, a new subsection (4) is added to that
   33  section, and subsection (2) of that section is amended, to read:
   34         403.0673 Wastewater grant program.—A wastewater grant
   35  program is established within the Department of Environmental
   36  Protection.
   37         (2) In allocating such funds pursuant to subsection (1),
   38  priority must be given to projects that subsidize the connection
   39  of onsite sewage treatment and disposal systems to wastewater
   40  treatment facilities. First priority must be given to subsidize
   41  the connection of onsite sewage treatment and disposal systems
   42  to existing infrastructure. Second priority must be given to any
   43  expansion of a collection or transmission system that promotes
   44  efficiency by planning the installation of wastewater
   45  transmission facilities to be constructed concurrently with
   46  other construction projects occurring within or along a
   47  transportation facility right-of-way. Third priority must be
   48  given to all other connections of onsite sewage treatment and
   49  disposal systems to wastewater treatment facilities. The
   50  department shall consider the estimated reduction in nutrient
   51  load per project; project readiness; the cost-effectiveness of
   52  the project; the overall environmental benefit of a project; the
   53  location of a project; the availability of local matching funds;
   54  and projected water savings or quantity improvements associated
   55  with a project.
   56         (4) Subject to the appropriation of funds by the
   57  Legislature, the department may provide grants throughout this
   58  state for projects that convert wastewater residuals to class A
   59  and class AA biosolids. In allocating such grants, the
   60  department shall prioritize projects by considering the cost
   61  effectiveness of a project and the overall environmental benefit
   62  of a project.
   63         Section 2. Subsections (7) and (8) are added to section
   64  403.0855, Florida Statutes, to read:
   65         403.0855 Biosolids management.—
   66         (7) The department may not authorize a land application
   67  site permit for a Class B biosolid within the subwatershed of a
   68  waterbody designated as impaired for either nitrogen or
   69  phosphorus or within an adjoining upstream subwatershed
   70  containing surface waters that flow to a waterbody designated as
   71  impaired for either nitrogen or phosphorus unless the applicant
   72  affirmatively demonstrates that the phosphorus and nitrogen in
   73  the biosolids will not add to the nutrient load in the impaired
   74  subwatershed. This demonstration must be based on achieving a
   75  net balance between nutrient imports relative to exports on the
   76  permitted land application site. Exports may include only
   77  nutrients removed from the subwatershed through products
   78  generated on the permitted land application site. Beginning
   79  August 1, 2023, and each August 1 thereafter, the department
   80  shall publish updated maps designating the subwatersheds of
   81  waterbodies protected under this subsection.
   82         (8)New or renewed Class B biosolid land application site
   83  permits issued after July 1, 2023, must meet the requirements of
   84  this section by July 1, 2024. All permits for biosolid land
   85  application sites must meet the requirements of this section by
   86  July 1, 2025.
   87         Section 3. Paragraph (e) is added to subsection (3) of
   88  section 403.1835, Florida Statutes, to read:
   89         403.1835 Water pollution control financial assistance.—
   90         (3) The department may provide financial assistance through
   91  any program authorized under 33 U.S.C. s. 1383, as amended,
   92  including, but not limited to, making grants and loans,
   93  providing loan guarantees, purchasing loan insurance or other
   94  credit enhancements, and buying or refinancing local debt. This
   95  financial assistance must be administered in accordance with
   96  this section and applicable federal authorities.
   97         (e)The department shall administer financial assistance so
   98  that at least 15 percent of the funding made available each year
   99  under this section is reserved for projects that convert
  100  wastewater residuals to Class A and Class AA biosolids during
  101  the year such funding is reserved.
  102         Section 4. This act shall take effect July 1, 2023.