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.
   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,
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Section 403.0674, Florida Statutes, is created
   30  to read:
   31         403.0674Biosolids 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.