Florida Senate - 2023 CS for SB 880
By the Committee on Environment and Natural Resources; and
Senator Brodeur
592-02542-23 2023880c1
1 A bill to be entitled
2 An act relating to biosolids; creating s. 403.0674,
3 F.S.; establishing a biosolids grant program within
4 the Department of Environmental Protection;
5 authorizing the department, subject to appropriation,
6 to provide biosolid grants for certain projects that
7 convert wastewater residuals to Class AA biosolids;
8 providing applicant requirements; providing for the
9 prioritization of projects; providing for the
10 administration of the grant program; authorizing the
11 department to waive requirements for certain projects;
12 amending s. 403.0855, F.S.; prohibiting the department
13 from authorizing land application site permits for
14 Class B biosolids unless a certain demonstration can
15 be made; requiring the department to publish and
16 annually update maps of protected subwatersheds;
17 requiring land application site permits to meet
18 certain requirements by specified dates; providing an
19 effective date.
20
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 and
25 innovative and alternative uses for biosolids, NOW, THEREFORE,
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 403.0674, Florida Statutes, is created
30 to read:
31 403.0674 Biosolids grant program.—A biosolids grant program
32 is established within the Department of Environmental
33 Protection.
34 (1) Subject to the appropriation of funds by the
35 Legislature, the department may provide grants to counties and
36 municipalities in this state to support projects to construct,
37 upgrade, expand, or retrofit domestic facilities that convert
38 wastewater residuals to Class AA biosolids. An applicant for a
39 biosolids grant must be a county or municipal governmental
40 entity; however, applicants are encouraged to form public
41 private partnerships with private utilities and firms.
42 (2) In allocating grant funds, the department shall
43 prioritize projects by considering each project’s economic and
44 market feasibility, as well as the environmental benefit that a
45 project may provide.
46 (a) To evaluate a project’s economic and market
47 feasibility, the department shall review a detailed cost-benefit
48 analysis for the project which includes the project’s overall
49 economic impact and both current and future market potential,
50 including current or prospective buyers or users of the
51 project’s Class AA biosolids.
52 (b) To evaluate the environmental benefit of a project, the
53 department shall review an analysis of how the project’s Class
54 AA biosolids are projected to minimize the migration of
55 nutrients and other pollutants that degrade water quality.
56 (3) The department shall administer the grant program so
57 that, of the funds made available each year under this section:
58 (a) At least 33 percent is reserved for projects that
59 convert wastewater residuals into composted Class AA biosolids
60 that meet the requirements of the United States Compost
61 Council’s Seal of Testing Assurance Program as being fully
62 stabilized.
63 (b) At least 33 percent is reserved for projects that
64 convert wastewater residuals into both Class AA biosolids and a
65 solution of ammonia nitrogen, a valuable alternative to
66 synthetic nitrogen fertilizers.
67 (c) At least 10 percent is reserved for projects within an
68 area designated as a rural area of opportunity under s.
69 288.0656.
70 (4) If the department does not receive sufficient
71 applications for projects described in subsection (3), the
72 department may reallocate the reserved funds to other projects
73 that are prioritized based on the department’s evaluation of
74 projects under subsection (2).
75 (5)(a) Except as provided in paragraph (b), the department
76 shall require that each project grant have a minimum of a 50
77 percent funding match from local, state, federal, or private
78 funds.
79 (b) The department may waive, in whole or in part, the
80 match requirement in paragraph (a) for proposed projects within
81 an area designated as a rural area of opportunity under s.
82 288.0656.
83 Section 2. Subsections (7) and (8) are added to section
84 403.0855, Florida Statutes, to read:
85 403.0855 Biosolids management.—
86 (7) The department may not authorize a land application
87 site permit for Class B biosolids within the subwatershed of a
88 waterbody or waterbody segment listed as impaired for either
89 nitrogen or phosphorus pursuant to s. 403.067 or within an
90 adjoining upstream subwatershed containing surface waters that
91 flow to a waterbody listed as impaired for either nitrogen or
92 phosphorus pursuant to s. 403.067 unless the applicant
93 affirmatively demonstrates that the phosphorus and nitrogen in
94 the biosolids will not add to the nutrient load in the impaired
95 subwatershed. This demonstration must be based on achieving a
96 net balance between nutrient imports relative to exports on the
97 permitted land application site. Exports may include only
98 nutrients removed from the subwatershed through products
99 generated on the permitted land application site. Beginning
100 November 1, 2023, and each November 1 thereafter, the department
101 shall publish updated maps designating the subwatersheds of
102 water bodies protected under this subsection.
103 (8) New or renewed Class B biosolid land application site
104 permits issued after November 1, 2023, must meet the
105 requirements of this section by July 1, 2024. All permits for
106 biosolid land application sites must meet the requirements of
107 this section by July 1, 2025.
108 Section 3. This act shall take effect July 1, 2023.