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.