CS/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; creating s. 403.0674, 2
F.S.; establishing a biosolids grant program within 3
the Department of Environmental Protection; 4
authorizing the department, subject to legislative 5
appropriation, to provide grants to counties and 6
municipalities for certain wastewater conversion 7
projects; providing requirements for the 8
prioritization and funding of such projects; 9
authorizing the department to wai ve the funding match 10
requirement for specified projects; amending s. 11
403.0855, F.S.; prohibiting the department from 12
authorizing land application site permits for Class B 13
biosolids within subwatersheds of certain impaired 14
waterbodies and waterbody segments unless applicants 15
can demonstrate that such biosolids meet certain 16
requirements; requiring the department to annually 17
publish certain maps; requiring land application site 18
permits for Class B biosolids to meet certain 19
requirements by specified dates; prov iding an 20
effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
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Section 1. Section 403.0674, Florida Statutes, is created 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
to read: 26
403.0674 Biosolids grant program. —A biosolids grant 27
program is established within the departme nt. 28
(1) Subject to the appropriation of funds by the 29
Legislature, the department may provide grants to counties and 30
municipalities in this state to support projects to construct, 31
upgrade, expand, or retrofit domestic facilities that convert 32
wastewater residuals to Class AA biosolids. An applicant for a 33
biosolids grant must be a county or municipal governmental 34
entity; however, applicants are encouraged to form public -35
private partnerships with private utilities and firms. 36
(2) In allocating grant funds, t he department shall 37
prioritize projects by considering the economic and market 38
feasibility of each project, as well as the environmental 39
benefit that a project may provide. 40
(a) To evaluate the economic and market feasibility of a 41
project, the department shall review a detailed cost -benefit 42
analysis for the project which includes the overall economic 43
impact and current and future market potential of the project, 44
including current or prospective buyers or users of the Class AA 45
biosolids of the project. 46
(b) To evaluate the environmental benefit of a project, 47
the department shall review an analysis of how the Class AA 48
biosolids of the project are projected to minimize the migration 49
of nutrients and other pollutants that degrade water quality. 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
(3) The department shall administer the grant program so 51
that, of the funds made available each year under this section: 52
(a) At least 33 percent is reserved for projects that 53
convert wastewater residuals into composted Class AA biosolids 54
that meet the requirements of the United States Composting 55
Council Seal of Testing Assurance Program as being fully 56
stabilized. 57
(b) At least 33 percent is reserved for projects that 58
convert wastewater residuals into Class AA biosolids and a 59
solution of ammonia nitrogen, a valuable a lternative to 60
synthetic nitrogen fertilizers. 61
(c) At least 10 percent is reserved for projects within an 62
area designated as a rural area of opportunity under s. 63
288.0656. 64
(4) If the department does not receive sufficient 65
applications for projects descr ibed in subsection (3), the 66
department may reallocate the reserved funds to other projects 67
prioritized by the department pursuant to subsection (2). 68
(5)(a) Except as provided in paragraph (b), the department 69
shall require that each biosolids grant has a minimum of a 50 70
percent funding match from local, state, federal, or private 71
funds. 72
(b) The department may waive, in whole or in part, the 73
funding match requirement in paragraph (a) for proposed projects 74
within an area designated as a rural area of opportunity under 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
s. 288.0656. 76
Section 2. Subsections (7) and (8) are added to section 77
403.0855, Florida Statutes, to read: 78
403.0855 Biosolids management. — 79
(7) The department may not authorize a land application 80
site permit for Class B biosolids within the subwatershed of a 81
waterbody or waterbody segment listed as impaired for nitrogen 82
or phosphorus pursuant to s. 403.067 or within an adjoining 83
upstream subwatershed containing surface waters that flow to a 84
waterbody listed as impaired for nitrogen or phosphorus pursuant 85
to s. 403.067 unless the applicant affirmatively demonstrates 86
that the phosphorus and nitrogen in such biosolids will not add 87
to the nutrient load in the impaired subwatershed. This 88
demonstration must be based on achieving a net balance between 89
nutrient imports relative to exports on the permitted land 90
application site. Ex ports may only include nutrients removed 91
from the subwatershed through products generated on the 92
permitted land application site. Beginning November 1, 2023, and 93
each November 1 thereafter, the department shall publish updated 94
maps designating the subwater sheds of waterbodies protected 95
under this subsection. 96
(8) New or renewed land application site permits for Class 97
B biosolids issued after November 1, 2023, must meet the 98
requirements of subsection (7) by July 1, 2024. All land 99
application site permits fo r Class B biosolids must meet the 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
requirements of subsection (7) by July 1, 2025. 101
Section 3. This act shall take effect July 1, 2023. 102