Florida Senate - 2026                      CS for CS for SB 1294
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; the Committee on Environment and Natural
       Resources; and Senator Bradley
       
       
       
       601-02833-26                                          20261294c2
    1                        A bill to be entitled                      
    2         An act relating to biosolids management; amending s.
    3         403.0855, F.S.; prohibiting the land application of
    4         bulk Class AA biosolids fertilizer and compost
    5         products from exceeding the appropriate agronomic
    6         rate; providing requirements for the management of the
    7         land application of bulk Class AA biosolids fertilizer
    8         and biosolids compost products at or below the
    9         agronomic rate; defining the term “agronomic rate”;
   10         prohibiting the bulk land application of biosolids
   11         when such bulk application constitutes disposal;
   12         defining the term “disposal”; requiring the owner or
   13         operator of certain land application sites to maintain
   14         application records for a specified timeframe and make
   15         such records available to the Department of
   16         Environmental Protection upon request; providing
   17         requirements for such records; requiring the
   18         University of Florida Institute of Food and
   19         Agricultural Sciences to, on a specified basis and
   20         beginning on a specified date, publish and make
   21         publicly available recommended agronomic rates for the
   22         reuse of bulk Class AA biosolids fertilizer and
   23         compost products; providing requirements for such
   24         recommendations; providing applicability for specified
   25         inspection fees and tonnage reporting; prohibiting
   26         biosolids fertilizer products or biosolids compost
   27         products from being marketed or distributed for bulk
   28         land application as Class AA biosolids unless
   29         specified labeling and registration requirements are
   30         met; providing applicability; providing an effective
   31         date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsections (7) through (12) are added to
   36  section 403.0855, Florida Statutes, to read:
   37         403.0855 Biosolids management.—
   38         (7)(a)The land application of bulk Class AA biosolids
   39  fertilizer and biosolids compost products may not exceed the
   40  appropriate agronomic rate. Land application of bulk Class AA
   41  biosolids fertilizer and biosolids compost products at or below
   42  the agronomic rate must be managed so that beneficial reuse,
   43  rather than biosolids disposal, is the primary objective as
   44  evidenced by the manner and circumstances of the application. As
   45  used in this subsection, the term “agronomic rate” means the
   46  nutrient application rate established using generally accepted,
   47  science-based nutrient management principles, including
   48  recommendations published by the University of Florida Institute
   49  of Food and Agricultural Sciences, which considers plant
   50  nutrient requirements; site-specific characteristics, including
   51  soil conditions; characteristics of the biosolids fertilizer or
   52  biosolids compost products, including nutrient release rates and
   53  soil amendment functions; other nutrient inputs applied to the
   54  site; and the protection of groundwater and surface water
   55  resources.
   56         (b)Bulk land application of biosolids, including Class AA
   57  biosolids, to the extent that such bulk land application
   58  constitutes disposal, is prohibited, and violations shall be
   59  subject to chapter 403. As used in this subsection, the term
   60  “disposal” means the bulk land application of biosolids,
   61  including any application exceeding the agronomic rate, where,
   62  considering the manner and circumstances of the application, the
   63  nutrients applied cannot reasonably be expected to be taken up
   64  by a crop or vegetative cover during the relevant growing
   65  season, and the application results in the discard of biosolids
   66  on the land application site.
   67         (8) The owner or operator of a land application site at
   68  which bulk agricultural land application of biosolids fertilizer
   69  or biosolids compost products occurs shall maintain application
   70  records for at least 5 years. Such records must be made
   71  available to the department upon request and must include all of
   72  the following:
   73         (a)The classification and characteristics of the biosolids
   74  applied to the land application site.
   75         (b)The physical address of the land application site.
   76         (c)The quantity of biosolids transported to the land
   77  application site and received by the owner or operator of the
   78  land application site.
   79         (d)The date on which such biosolids were received by the
   80  owner or operator of the land application site.
   81         (e)The name of the person or entity responsible for the
   82  transportation of the biosolids to the land application site.
   83         (f)The quantity of biosolids applied to the land
   84  application site.
   85         (g)The name of the person or entity responsible for the
   86  physical application of the biosolids on the land application
   87  site.
   88         (h)The date on which land application of such biosolids
   89  occurred.
   90         (9) The University of Florida Institute of Food and
   91  Agricultural Sciences shall, on a biennial basis, publish and
   92  make publicly available recommended agronomic rates for the
   93  beneficial reuse of bulk Class AA biosolids fertilizer and
   94  biosolids compost products. The initial publication must occur
   95  by November 1, 2027. The recommendations must be informed by a
   96  review of the scientific literature and applicable available
   97  agronomic guidance and must include, but may not be limited to,
   98  all of the following:
   99         (a)The characteristics of commonly produced biosolids
  100  products relevant to nutrient availability and environmental
  101  risk, including nutrient content, nutrient release
  102  characteristics, and physical form.
  103         (b)Recommended agronomic rate ranges or application
  104  approaches that account for crop type, soil conditions,
  105  environmental vulnerabilities, seasonal factors, and management
  106  practices.
  107         (c)The scientific basis and degree of supporting research
  108  for recommended agronomic rates, distinguishing recommendations
  109  suitable for general application from those requiring site
  110  specific evaluation.
  111         (d)Data gaps and product types, conditions, or practices
  112  for which additional field verification or research would
  113  improve future recommendations, including identification of
  114  relevant research priorities and associated resource
  115  considerations.
  116         (e)Best practices for on-the-ground implementation and
  117  verification consistent with agronomic principles.
  118         (10) Applicable inspection fees and tonnage reporting
  119  requirements required pursuant to chapter 576 apply to all Class
  120  AA biosolids fertilizer and biosolids compost products marketed
  121  or distributed for land application, including such products
  122  that are not sold and products that are land applied on property
  123  owned or controlled by the biosolids generator, distributor, or
  124  applicator.
  125         (11) A biosolids fertilizer product or biosolids compost
  126  product may not be marketed or distributed for bulk agricultural
  127  land application as Class AA biosolids unless the product meets
  128  all applicable labeling and registration requirements of chapter
  129  576.
  130         (12)Subsections (10) and (11) do not apply to Class AA
  131  biosolids compost products when the labeling does not claim any
  132  plant nutrients or beneficial plant growth properties, as
  133  described in s. 576.011(14), and when such biosolids compost
  134  products are enrolled in and certified under the U.S. Composting
  135  Council Seal of Testing Assurance program.
  136         Section 2. This act shall take effect November 1, 2026.