HB 1405 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to biosolids; amending s. 403.0673, 2
F.S.; authorizing the Department of Environmental 3
Protection, subject to appropriation, to provide 4
grants for certain wastewater conversion projects; 5
providing for prioritization of the projects; amending 6
s. 403.0855, F.S.; prohibiting the authorization of 7
land application site permits for Class B biosolids 8
within subwatersheds with certain impaired waterbodies 9
unless applicants can demonstrate that such biosolids 10
meet certain requirements; requiring land application 11
site permits for Class B biosolids within 12
subwatersheds with certain impaired waterbodies to 13
meet certain requirements by specified dates; 14
requiring the department to annually publish certain 15
maps by a specified date; amending s. 403.1835, F.S.; 16
requiring the department to reserve a certain 17
percentage of water pollution control financial 18
assistance for certain wastewater conversion projects; 19
providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
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Section 1. Section 403.0673, Florida Statutes, is amended, 24
to read: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
403.0673 Wastewater grant program. —A wastewater grant 26
program is established within the Department of Environmental 27
Protection. 28
(1)(a) Subject to the appropriation of funds by the 29
Legislature, the department may provide grants for the following 30
projects within a basin management action plan, an alternative 31
restoration plan adopted by final order, or a rural area of 32
opportunity under s. 288.0656 which will individually or 33
collectively reduce excess nutrient pollution: 34
1.(a) Projects to retrofit onsite sewage treatment and 35
disposal systems to upgrade such systems to enhanced nutrient -36
reducing onsite sewage treatment and disposal systems. 37
2.(b) Projects to construct, upgrade, or expand facilities 38
to provide advanced waste treatment, as defined in s. 39
403.086(4). 40
3.(c) Projects to connect onsite sewage treatment and 41
disposal systems to central sewer fa cilities. 42
(b)(2) In allocating such funds, Priority must be given to 43
projects that subsidize the connection of onsite sewage 44
treatment and disposal systems to wastewater treatment 45
facilities. 46
1. First priority must be given to subsidize the 47
connection of onsite sewage treatment and disposal systems to 48
existing infrastructure. 49
2. Second priority must be given to any expansion of a 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
collection or transmission system that promotes efficiency by 51
planning the installation of wastewater transmission faciliti es 52
to be constructed concurrently with other construction projects 53
occurring within or along a transportation facility right -of-54
way. 55
3. Third priority must be given to all other connections 56
of onsite sewage treatment and disposal systems to wastewater 57
treatment facilities. 58
(c) The department shall consider the estimated reduction 59
in nutrient load per project; project readiness; the cost -60
effectiveness of the project; the overall environmental benefit 61
of a project; the location of a project; the availabil ity of 62
local matching funds; and projected water savings or quantity 63
improvements associated with a project. 64
(2) Subject to the appropriation, the department may 65
provide grants for projects that convert wastewater residuals 66
into Class A or Class AA bioso lids. Projects must be prioritized 67
by the cost-effectiveness and overall environmental benefit of 68
the project. 69
(3) Each grant for a project described in paragraoh (1)(a) 70
subsection (1) must require a minimum of a 50 -percent local 71
match of funds. However, the department may, at its discretion, 72
waive, in whole or in part, this consideration of the local 73
contribution for proposed projects within an area designated as 74
a rural area of opport unity under s. 288.0656. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) The department shall coordinate with each water 76
management district, as necessary, to identify grant recipients 77
in each district. 78
(5) Beginning January 1, 2021, and each January 1 79
thereafter, the department shall submit a r eport regarding the 80
projects funded pursuant to this section to the Governor, the 81
President of the Senate, and the Speaker of the House of 82
Representatives. 83
Section 2. Subsection (7) is added to section 403.0855, 84
Florida Statutes, to read: 85
403.0855 Biosolids management.— 86
(7)(a) The department may not authorize land application 87
site permits for Class B biosolids within the subwatershed of a 88
waterbody that is designated as impaired for nitrogen or 89
phosphorus or within any upstream subwatershed hydrolog ically 90
connected to a waterbody that is designated as impaired for 91
nitrogen or phosphorus unless the applicant can affirmatively 92
demonstrate that the phosphorus and nitrogen in the biosolids 93
will not increase nutrient loadings in the impaired 94
subwatershed. The demonstration must be based on achieving a net 95
balance between nutrient imports relative to exports on the 96
permitted application site. Exports may only include nutrients 97
removed from the subwatershed through products generated on the 98
permitted application site. 99
(b) New or renewed land application site permits for Class 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
B biosolids within the subwatershed of a waterbody designated as 101
impaired for nitrogen or phosphorus or within any upstream 102
subwatershed hydrologically connected to a waterbody that is 103
designated as impaired for nitrogen or phosphorus that are 104
issued after July 1, 2023, must meet the demonstration 105
requirements in paragraph (a) by July 1, 2024. 106
(c) All land application site permits for Class B 107
biosolids within the subwatershed of a wat erbody designated as 108
impaired for nitrogen or phosphorus or within any upstream 109
subwatershed hydrologically connected to a waterbody that is 110
designated as impaired for nitrogen or phosphorus must meet the 111
demonstration requirements in paragraph (a) by July 1, 2025. 112
(d) Beginning August 1, 2023, and each August 1 113
thereafter, the department shall publish maps designating the 114
subwatersheds of impaired waterbodies subject to this 115
subsection. 116
Section 3. Paragraph (e) is added to subsection (3) of 117
section 403.1835, Florida Statutes, to read: 118
403.1835 Water pollution control financial assistance. — 119
(3) The department may provide financial assistance 120
through any program authorized under 33 U.S.C. s. 1383, as 121
amended, including, but not limited to, making gr ants and loans, 122
providing loan guarantees, purchasing loan insurance or other 123
credit enhancements, and buying or refinancing local debt. This 124
financial assistance must be administered in accordance with 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this section and applicable federal authorities. 126
(e) The department shall administer financial assistance 127
so that at least 15 percent of the funding made available each 128
year under this section is reserved for projects that convert 129
wastewater residuals to Class A or Class AA biosolids during the 130
year it is reserved. 131
Section 4. This act shall take effect July 1, 2023. 132