This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1405.WST
DATE: 3/20/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1405 Biosolids
SPONSOR(S): Tuck
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Water Quality, Supply & Treatment
Subcommittee
Curtin Curtin
2) Agriculture & Natural Resources Appropriations
Subcommittee
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
The majority of Florida’s domestic wastewater is controlled and treated by centralized treatment facilities
regulated by the Department of Environmental Protection (DEP). When domestic wastewater is treated, a
byproduct accumulates in the wastewater treatment plant and must be removed so that the plant may continue
operating properly. The byproduct is treated to produce a nutrient-rich product known as biosolids.
In Florida, biosolids are classified as “Class AA,” “Class A,” or “Class B.” Although all biosolids classes have
been treated to substantially reduce pathogens, the attractiveness of the biosolid to rodents, flies, mosquitoes,
or other organisms capable of transporting infectious agents, and the amount of toxic metals in the biosolids,
Class B biosolids receive the least amount of treatment. Class AA biosolids may be distributed and marketed
like other commercial fertilizers with few further restrictions. In addition to being treated, biosolids are subject
to regulatory requirements designed to protect human health and the environment.
The bill allows DEP, subject to appropriation, to provide grants from the wastewater grant program for projects
that convert wastewater residuals to Class A or Class AA biosolids and requires that projects be prioritized by
their cost-effectiveness and the overall environmental benefit of the project.
The bill prohibits DEP from authorizing land application site permits for Class B biosolids within the
subwatershed or upstream subwatershed of certain impaired waterbodies unless the applicant can
affirmatively demonstrate that particular nutrients in the biosolids will not increase nutrient loadings in the
impaired subwatershed. The bill requires:
The demonstration to be based on achieving a net balance between nutrient imports relative to exports
on the permitted application site and requires exports to include only nutrients removed from the
subwatershed through products generated on the permitted application site.
New or renewed Class B biosolids land application site permits issued after July 1, 2023 within the
subwatershed or upstream subwatershed of certain impaired waterbodies to meet the demonstration
requirements by July 1, 2024.
All land application site permits for Class B biosolids within the subwatershed or upstream
subwatershed of certain impaired waterbodies to meet the demonstration requirements by July 1,
2025.
DEP, beginning August 1, 2023, and each August 1 thereafter, to publish maps designating the
subwatersheds of certain impaired waterbodies.
DEP to reserve at least 15 percent of the funding made available each year for the Clean Water State
Revolving Fund program for projects that convert wastewater residuals to Class A or Class AA
biosolids during the year the funding is reserved.
The bill has an indeterminate fiscal impact on the state and local governments. See Fiscal Comments. STORAGE NAME: h1405.WST PAGE: 2
DATE: 3/20/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Phosphorus and nitrogen are naturally present in water and are essential nutrients for the healthy
growth of plant and animal life.
1
The correct balance of both nutrients is necessary for a healthy
ecosystem; however, excessive nitrogen and phosphorus can cause significant water quality
problems.
2
Phosphorus and nitrogen are derived from natural and human-made sources.
3
Human-made sources
include sewage disposal systems (wastewater treatment facilities and septic systems), overflows of
storm and sanitary sewers (untreated sewage), agricultural production and irrigation practices, and
stormwater runoff.
4
Excessive nutrient loads may result in harmful algal blooms, nuisance aquatic
weeds, and the alteration of the natural community of plants and animals.
5
Impaired Waters
The federal Clean Water Act establishes the framework to protect and restore the Nation’s waters.
6
Each state must establish water quality standards for waters within their borders and then develop a list
of impaired waters that do not meet the established water quality standards and a list of threatened
waters that may not meet water quality standards in the following reporting cycle.
7
In order to plan and prioritize projects to protect and restore water quality, the Department of
Environmental Protection (DEP) has sorted Florida’s water resources into 29 major watersheds and
organized those watersheds into 5 basin groups.
8
A watershed is an area of land that contributes to
the flow of water into a body of water
9
; it “sheds” water into the receiving body of water. Flowing water
carries organic debris and dissolved organic matter that provide food and shelter for aquatic life, but it
also carries pollutants such as fertilizers and pesticides over the land and into the receiving body of
water.
10
If DEP determines that any waters are impaired, the waterbody or segment must be placed on the
verified list of impaired waters and a total maximum daily load (TMDL) must be calculated.
11
A
waterbody or segment may be removed from the list at any time during the TMDL process if it attains
water quality standards.
12
If DEP determines that a waterbody is impaired, but further study is needed
1
U.S. Environmental Protection Agency (EPA), The Issue (last updated Aug. 11, 2022), https://www.epa.gov/nutrientpollution/issue
(last visited March 18, 2023).
2
Id.
3
Id.
4
EPA, Nutrient Pollution, Sources and Solutions (last updated Aug. 11, 2022), https://www.epa.gov/nutrientpollution/sources-and-
solutions (last visited March 18, 2023).
5
EPA, supra note 1.
6
EPA, Overview of Identifying and Restoring Impaired Waters under Section 303(d) of the CWA (last updated Aug. 31, 2022),
https://www.epa.gov/tmdl/overview-identifying-and-restoring-impaired-waters-under-section-303d-cwa (last visited March 18, 2023);
7
Id.; 40 C.F.R. § 130.7 (Following the development of the list of impaired waters, states must develop a total maximum daily load for
every pollutant/waterbody combination on the list. A total maximum daily load is a scientific determination of the maximum amount
of a given pollutant that can be absorbed by a waterbody and still meet water quality standards); Department of Environmental
Protection (DEP), Total Maximum Daily Loads Program (last updated Dec. 6, 2022), https://floridadep.gov/dear/water-quality-
evaluation-tmdl/content/total-maximum-daily-loads-tmdl-program (last visited March 18, 2023).
8
DEP, Assessment Lists, https://floridadep.gov/dear/watershed-assessment-section/content/assessment-lists (last visited March 17,
2023).
9
S. 403.031(18), F.S.
10
S. Shukla, What is a Watershed?, University of Florida IFAS Extension Ask IFAS (Dec. 2019),
https://edis.ifas.ufl.edu/publication/AE265 (last visited March 17, 2023).
11
DEP, supra note 7; DEP, Verified List Waterbody Ids (WBIDs), https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-
waterbody-ids-wbids/about (last visited March 18, 2023); and s. 403.067(4), F.S.
12
S. 403.067(5), F.S. STORAGE NAME: h1405.WST PAGE: 3
DATE: 3/20/2023
to determine the causative pollutants or other factors contributing to impairment before the waterbody is
placed on the verified list, the waterbody or segment will be placed on the statewide comprehensive
study list.
13
Wastewater Treatment and Biosolids
The majority of Florida’s domestic wastewater is controlled and treated by centralized treatment
facilities regulated by DEP. There are approximately 2,000 permitted domestic wastewater treatment
facilities in Florida and those facilities have a total treatment capacity of over 2.7 billion gallons per
day.
14
When domestic wastewater is treated, a byproduct accumulates in the wastewater treatment plant and
must be removed so that the plant may continue operating properly.
15
The collected material is the
solid, semisolid, or slurry residual material that is a byproduct of wastewater treatment processes.
16
The byproduct is treated
17
to produce a nutrient-rich product known as biosolids, which are useful as a
soil conditioner and fertilizer, and which may then be applied to land.
18
Recycling biosolids to soils
benefits society and the environment for a number of reasons, including enhancing soil health,
recycling nutrients, and putting to productive use residual solids from wastewater treatment, which is a
vital public health service.
19
However, biosolids are receivers of Per- and Polyfluoroalkyl Substances
(PFAS).
20
As of 2019, DEP estimated that wastewater treatment facilities produced approximately 340,000 dry
tons of biosolids each year, with two-thirds being beneficially used for land application or distributed
and marketed as fertilizer and one-third being landfilled.
21
Land application involves the spreading of
biosolids on the soil surface or incorporating or injecting biosolids into the soil and it is conducted at
“various sites including agricultural lands, forests, mine reclamation sites, and other disturbed lands,
parks, and golf courses.”
22
Regulation of Biosolids
In addition to being treated, biosolids are subject to regulatory requirements designed to protect human
health and the environment.
23
Biosolids are classified at the federal level as “Class A” or “Class B”
biosolids in terms of pathogen reduction requirements.
24
In Florida, there is a special “Class AA”
13
Section 403.067(2), F.S.; R. 62-303.150(1), F.A.C.
14
DEP, General Facts and Statistics about Wastewater in Florida (last updated April 20, 2022)
https://floridadep.gov/water/domestic-wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited March 18,
2023).
15
DEP, Domestic Wastewater Biosolids (last updated April, 20, 2022), https://floridadep.gov/water/domestic-
wastewater/content/domestic-wastewater-biosolids (last visited March 18, 2023).
16
Id.; see also Brittanica, Sludge Treatment and Disposal, https://www.britannica.com/technology/wastewater-treatment/Sludge-
treatment-and-disposal (last visited March 18, 2023).
17
R. 62-640.200(49), F.A.C. (“‘Treatment’ means the process of altering the character or physical or chemical condition of waste to
prevent pollution of water, air, or soil, to safeguard the public health, or enable the waste to be beneficially used. Treatment includes
blending, dewatering, and any process that alters the quality or quantity of the material for the purpose of meeting the requirements of
this chapter. Treatment does not include storage of biosolids.”)
18
EPA, Basic Information About Biosolids, https://www.epa.gov/biosolids/basic-information-about-biosolids (last visited March 17,
2023); DEP, supra note 14.
19
Water Environment Federation, PFAS in Municipal Biosolids (April, 2021 webcast),
https://learn.wef.org/course/view.php?id=17&pageid=197.
20
Id.
21
DEP, Biosolids in Florida, at 5 (2019), https://www.florida-stormwater.org/assets/MemberServices/Conference/AC19/02%20-
%20Frick%20Tom.pdf#:~:text=Biosolids%20and%20Management%20in%20Florida%20Estimated%20Total%20Production,two-
thirds%20are%20beneficially%20used%20and%20onethird%20is%20landfilled (last visited March 18, 2023).
22
EPA, Land Application of Biosolids (last updated March 10, 2023), https://www.epa.gov/biosolids/land-application-biosolids (last
visited March 18, 2023).
23
DEP, General Facts and Statistics about Wastewater in Florida, supra note 14.
24
40 C.F.R. Part 503; see also EPA, Land Application of Biosolids (last updated March 10, 2023),
https://www.epa.gov/biosolids/land-application-biosolids (last visited March 18, 2023). STORAGE NAME: h1405.WST PAGE: 4
DATE: 3/20/2023
designation for biosolids treated to the highest quality standard, which are distributed and marketed as
fertilizer.
25
Although all biosolids classes have been treated to substantially reduce pathogen indicators below
levels typically found in manure, Class B biosolids have the least.
26
Treatment of biosolids must reduce
pathogens, the attractiveness of the biosolid to rodents, flies, mosquitoes, or other organisms capable
of transporting infectious agents, and the amount of toxic metals in the biosolids.
27
Biosolids may be “appli[ed] to land in farming and ranching operations, forest lands, and public areas
such as parks, or in land reclamation projects such as restoration of mining properties.”
28
Either Class
A or Class B pathogen requirements and site restrictions must be met before biosolids may be land
applied.
29
Class AA biosolids may be distributed and marketed like other commercial fertilizers with few
further restrictions and, like other commercial fertilizers, they are primarily regulated by the Department
of Agriculture & Consumer Services.
30
The following map depicts the land application sites in Florida where Class B biosolids are permitted
and allowed to be applied following the development of a site-specific nutrient management plan
(NMP).
31
At the time of land application, there must be a minimum unsaturated soil depth of two feet between the
depth of biosolids placement and the water table level.
32
“Biosolids may not be applied on soils that
have a seasonal high-water table less than [six] inches from the soil surface or within [six] inches of the
25
R. 62-640.200(11), F.A.C.; see also National Biosolids Data Project, Florida Biosolids (last updated 2018),
https://www.biosolidsdata.org/florida (last visited March 18, 2023).
26
R. 62-640.200(10)-(12), F.A.C.; see also J. Hallas, C. Mackowiak, and A. Wilkie, Florida Biosolids: Management and Land
Application Rules (Nov. 2019), University of Florida IFAS Extension.
27
R. 62-640.600, F.A.C.
28
DEP, Domestic Wastewater Biosolids (last updated April, 20, 2022), https://floridadep.gov/water/domestic-
wastewater/content/domestic-wastewater-biosolids (last visited March 18, 2023).
29
EPA, A Plain English Guide to the EPA Part 503 Biosolids Rule, p.30 (Sept. 1994), https://www.epa.gov/biosolids/plain-english-
guide-epa-part-503-biosolids-rule (last visited March 19, 2023).
30
R. 62-640.850, F.A.C.; Id.
31
DEP, Wastewater Facility Regulation Map, https://www.arcgis.com/home/item.html?id=3a1f04a423784536b1ac94e361eaf206 (last
visited March 18, 2023).
32
S. 403.0855(3)(a), F.S. STORAGE NAME: h1405.WST PAGE: 5
DATE: 3/20/2023
intended depth of biosolids placement, unless a department-approved [NMP] and water quality
monitoring plan provide reasonable assurances that the land application of biosolids at the site will not
cause or contribute to a violation of the state’s surface water quality standards or groundwater
standards.”
33
DEP has promulgated rules to establish minimum requirements, including monitoring and reporting
requirements, for the treatment, management, use, and disposal of biosolids.
34
In addition to
wastewater treatment facilities, the rules are also applicable to appliers or distributors of biosolids or
biosolids products, and to owners or operators of application sites which receive biosolids,
35
and
include permit requirements for both treatment facilities and biosolids application sites.
36
Each permit application for a biosolids land application site must include a site-specific NMP.
37
There
are many requirements for a NMP, including a description of how the NMP complies with any
applicable basin management action plans (BMAPs) and with any applicable reasonable assurance
plans (RAPs),
38
and the NMP must “[e]stablish specific rates of application of biosolids based on
nitrogen and phosphorus as well as procedures to land apply biosolids and all other nutrient sources to
each application zone.”
39
A BMAP is a restoration plan developed for the watersheds and basins connected to impaired
waterbodies that are included on DEP’s verified list of impaired waterbodies (Verified List).
40
An
impaired waterbody is one that does not meet applicable water quality standards,
41
and a BMAP
addresses the pollutant causing the impairment.
42
Thirty-three BMAPs have been developed
statewide.
43
Impaired waterbodies with plans that provide reasonable assurance that they will attain water quality
standards may avoid placement on DEP’s Verified List.
44
RAPs are adopted by order of the Secretary
of DEP,
45
and they “may obviate the need to use limited state resources to . . . implement BMAPs.”
46
Five reasonable assurance plans have been adopted.
47
Biosolids may only be applied to sites that are permitted by DEP and have a valid NMP.
48
Biosolids
must be applied at rates established in accordance with the NMP and may be applied to a site only if all
concentrations of minerals do not exceed established ceiling
49
and cumulative concentrations.
50
33
Id.
34
Ch. 62-640, F.A.C.
35
R. 62-640.100(5)(b)-(c), F.A.C.
36
R. 62-640.300(1), F.A.C.
37
R. 62-640.500(a), F.A.C.
38
R. 62-640.500(5)(c), F.A.C.
39
R. 62-640.500(5)(f), F.A.C.
40
S. 403.067(7)(a)1., F.S.; R. 62-303.100(1), F.A.C.
41
R. 62-300.200(7), F.A.C. (“Impaired water” shall mean a waterbody or waterbody segment that does not meet its applicable water
quality standards as set forth in Chapters 62-302 and 62-4, F.A.C. . . . due in whole or in part to discharges of pollutants from point or
nonpoint sources).
42
DEP, Division of Environmental Assessment and Restoration, Guidance on Developing Restoration Plans as Alternatives to
TMDLs – Assessment Category 4b and 4e Plans, p. 2 (June 2015) https://floridadep.gov/sites/default/files/4b4ePlansGuidance.pdf
(last visited March 1, 2023).
43
Office of Economic & Demographic Research (EDR), Annual Assessment of Florida’s Water Resources: Quality, p. 5 (2023),
http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf (last visited March 1, 2023).
44
R. 62-303.600(2), F.A.C.
45
EDR, supra note 43, at 29.
46
Id. at 27.
47
Id. at 29.
48
R. 62-640.500, F.A.C.
49
R. 62-640.700(5), F.A.C.
50
R. 62-640.700(7), F.A.C. STORAGE NAME: h1405.WST PAGE: 6
DATE: 3/20/2023
Once a site is permitted, it is subject to monitoring, record-keeping, reporting, and notification
requirements.
51
The requirements are site-specific and may be increased or reduced by DEP based
on: “the quality or quantity of wastewater or biosolids treated; historical variations in biosolids
characteristics; industrial wastewater or sludge contributions to the facility; the use, land application, or
disposal of the biosolids; the water quality of surface and ground water and the hydrogeology of the
area; wastewater or biosolids treatment processes; and the compliance history of the facility or
application site.”
52
Prohibitions on the Application of Biosolids
The application of biosolids is prohibited in certain areas. The Legislature banned the disposal of
domestic wastewater biosolids within the Lake Okeechobee,
53
Caloosahatchee River,
54
and St. Lucie
River
55
watersheds unless the applicant can affirmatively demonstrate that the nutrients in the biosolids
will not add to nutrient loadings in the watershed. The prohibition against land application in these
watersheds does not apply to Class AA biosolids that are distributed as fertilizer products.
56
The land application of Class A and Class B biosolids is also prohibited within priority focus areas
57
in
effect for Outstanding Florida Springs if the land application is not in accordance with an NMP that has
been approved by DEP.
58
The NMP must “[e]stablish the rate at which all biosolids, soil amendments,
and nutrient sources at the land application site can be applied to the land for crop production, while
minimizing the amount of pollutants and nutrients discharged into groundwater or waters of the state.”
59
A municipality or county may regulate the land application of Class A or Class B biosolids if the
regulation was adopted prior to November 1, 2019.
60
Such regulations are valid until repealed by the
municipality or county.
61
Wastewater Grant Program
The Clean Waterways Act (Act), enacted in 2020, is comprehensive legislation that requires certain
state agencies, local governments, and private sector entities to improve water quality through stricter
regulations and close monitoring of Florida’s water resources.
62
The Act includes a wide range of water
quality protection provisions, one of which is a wastewater grant program.
63
The wastewater grant program allows DEP, in consultation with the Water Management Districts, to
award grants to governmental entities for the following projects: to retrofit onsite sewage treatment and
disposal systems (OSTDSs) to upgrade them to enhanced nutrient-reducing OSTDSs; to construct,
upgrade, or expand facilities to provide advanced waste treatment; and to connect OSTDSs to central
sewer facilities.
64
The projects must individually or collectively reduce excess nutrient pollution and they must be located
within of one three areas:
65
a BMAP; a RAP; or a rural area of opportunity (RAO). A RAO is a
51
R. 62-640.650, F.A.C.
52
Id.
53
S. 373.4595(3)(b)16., F.S.
54
S. 373.4595(4)(b)5., F.S.
55
S. 373.4595(4)(d)5., F.S.
56
Id.; Ss. 373.4595(3)(b)16. and 373.4595(4)(b)5., F.S.; see also R. 62-640.850, F.A.C.
57
S. 373.802(5), F.S. (“‘Priority focus area’ means the area or areas of a basin where the Floridan Aquifer is generally most
vulnerable to pollutant inputs where there is a known connectivity between groundwater pathways and an Outstanding Florida Spring,
as determined by the department in consultation with the appropriate water management districts, and delineated in a basin
management action plan.”)
58
S. 373.811(4), F.S.
59
Id.
60
S. 403.0855(6), F.S.
61
Id.
62
Ch. 2020-150, Laws of Fla.
63
S. 403.0673, F.S.
64
S. 403.0673(1) and (4), F.S.
65
S. 403.0673(1), F.S. STORAGE NAME: h1405.WST PAGE: 7
DATE: 3/20/2023
community or region of communities which are uniquely distressed and are priority assignments for the
Rural Economic Development Initiative.
66
The Governor may designate no more than three RAOs.
67
Each grant for a wastewater project requires a minimum 50 percent local match, but DEP may waive
the match for projects within an area designated as a RAO.
68
DEP submits an annual report that
identifies the projects funded through the grant program to the Governor and the Legislature.
69
The wastewater grant program is funded by documentary stamp tax revenues.
70
After required
distributions from documentary stamp tax revenues are disbursed,
71
an amount equaling 5.4175
percent of the remainder is paid into the Water Protection and Sustainability Program Trust Fund to be
used to fund wastewater grants.
72
The Office of Economic and Demographic Research estimates that
the distribution for wastewater grants in fiscal year 2023-2024 will be $95.2 million.
73
Clean Water State Revolving Fund
The Clean Water State Revolving Fund (CWSRF) program is a joint federal and state program
administered in Florida by DEP through the State Revolving Fund Program,
74
which provides low-
interest loans for planning, designing, and constructing water pollution control facilities.
75
DEP receives
requests throughout the year for funding of wastewater, stormwater, and certain other projects that are
eligible for funding pursuant to the federal Clean Water Act.
76
DEP establishes a list of projects in order
of priority for funding at the beginning of each fiscal year and, as funds are available, each quarter
thereafter.
77
The CWSRF program may fund a wide variety of infrastructure projects, such as: construction of
publicly owned treatment works; decentralized wastewater treatment systems; stormwater
management, reduction, treatment, or recapture; and watershed pilot projects.
78
EPA guidance
indicates CWSRF-eligible centralized wastewater treatment projects and energy conservation projects
include biosolids drying/dewatering and energy conversion equipment.
79
Effect of the Bill
The bill allows DEP, subject to appropriation, to provide grants from the wastewater grant program for
projects that convert wastewater residuals to Class A or Class AA biosolids and requires that projects
be prioritized by their cost-effectiveness and the overall environmental benefit of the project.
66
S. 288.0656(2)(d) and (7)(a), F.S.
67
S. 288.0656(7)(a), F.S.
68
S. 403.0673(3), F.S.
69
S. 403.0673(5), F.S.
70
S. 201.15(4)(h), F.S. Documentary stamp tax revenues are collected under ch. 201, F.S., which requires an excise tax to be levied
on two classes of documents: deeds and other documents related to real property, which are taxed at the rate of 70 cents per $100; and
certificates of indebtedness, promissory notes, wage assignments, and retail charge account agreements, which are taxed at 35 cents
per $100. See ss. 201.02(1)(a) and 201.08(1)(a), F.S.
71
S. 201.15(4), F.S. (The required distributions are to the Land Acquisition Trust Fund and the service charge representing the
estimated pro rata share of the cost of general government paid from the General Revenue Fund.)
72
S. 201.15(4)(h), F.S.
73
Office of Economic and Demographic Research, Conference Results (2022),
http://edr.state.fl.us/Content/conferences/docstamp/docstampresults.pdf.
74
S. 403.1835(1), F.S.
75
DEP, CWSRF Program (last updated June 30, 2022), https://floridadep.gov/wra/srf/content/cwsrf-program (last visited March 18,
2023).
76
S. 403.1835(1), F.S.; Id.
77
DEP, supra note 76.
78
EPA, Clean Water State Revolving Fund, About the Clean Water State Revolving Fund (last updated March 11, 2023),
https://www.epa.gov/cwsrf/about-clean-water-state-revolving-fund-cwsrf#eligibilities (last visited March 18, 2023).
79
EPA, Overview of Clean Water State Revolving Fund Eligibilities (May 2016), https://www.epa.gov/sites/default/files/2016-
07/documents/overview_of_cwsrf_eligibilities_may_2016.pdf. STORAGE NAME: h1405.WST PAGE: 8
DATE: 3/20/2023
The bill prohibits DEP from authorizing land application site permits for Class B biosolids within the
subwatershed of a waterbody that is designated as impaired for nitrogen or phosphorus or within any
upstream subwatershed hydrologically connected to a waterbody that is designated as impaired for
nitrogen or phosphorus unless the applicant can affirmatively demonstrate that the phosphorus and
nitrogen in the biosolids will not increase nutrient loadings in the impaired subwatershed. The bill
requires the demonstration to be based on achieving a net balance between nutrient imports relative to
exports on the permitted application site and requires exports to include only nutrients removed from
the subwatershed through products generated on the permitted application site.
The bill requires new or renewed Class B biosolids land application site permits issued after July 1,
2023 within the subwatershed of a waterbody designated as impaired for nitrogen or phosphorus or
within any upstream subwatershed hydrologically connected to a waterbody that is designated as
impaired for nitrogen or phosphorus to meet the demonstration requirements by July 1, 2024.
The bill requires all land application site permits for Class B biosolids within the subwatershed of a
waterbody designated as impaired for nitrogen or phosphorus or within any upstream subwatershed
hydrologically connected to a waterbody that is designated as impaired for nitrogen or phosphorus
must meet the demonstration requirements by July 1, 2025.
The bill requires DEP, beginning August 1, 2023, and each August 1 thereafter, to publish maps
designating the subwatersheds of impaired waterbodies subject to this subsection.
The bill requires DEP to reserve at least 15 percent of the funding made available each year for the
Clean Water State Revolving Fund program for projects that convert wastewater residuals to Class A or
Class AA biosolids during the year it is reserved.
B. SECTION DIRECTORY:
Section 1. Amends s. 403.0673, F.S., related to a wastewater grant program.
Section 2. Amends s. 403.0855, F.S., related to biosolids management.
Section 3. Amends s. 403.1835, F.S., related to water pollution control financial assistance.
Section 4. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None. STORAGE NAME: h1405.WST PAGE: 9
DATE: 3/20/2023
D. FISCAL COMMENTS:
The bill may have an indeterminate fiscal impact on the state and local governments. The bill may
reduce the allowable application of Class B biosolids to land; if such activities are permitted, the bill will
increase the regulations that apply to the application.
The bill authorizes the use of the Wastewater Grant Program for projects that convert wastewater
residuals to Class A or Class AA biosolids. In addition, the bill requires DEP to reserve at least 15
percent of the funding made available each year for the Clean Water State Revolving Fund program for
projects that convert wastewater residuals to Class A or Class AA biosolids during the year it is
reserved.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.