This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1405e.ISC
DATE: 4/20/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1405 Biosolids
SPONSOR(S): Infrastructure Strategies Committee, Water Quality, Supply & Treatment Subcommittee, Tuck
TIED BILLS: IDEN./SIM. BILLS: CS/SB 880
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Water Quality, Supply & Treatment
Subcommittee
17 Y, 0 N, As CS Curtin Curtin
2) Agriculture & Natural Resources Appropriations
Subcommittee
13 Y, 0 N Byrd Pigott
3) Infrastructure Strategies Committee 18 Y, 0 N, As CS Curtin Harrington
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.” Biosolids must be 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.
In 2020, the Legislature passed the Clean Waterways Act to address a number of environmental issues
relating to water quality improvement. In pertinent part, the Clean Waterways Act required DEP to promulgate
rules for biosolids management in Florida. In 2021, the Legislature passed House Bill 1309, which ratified
those rules; the rules became effective in June of 2021.
The bill establishes a biosolids grant program within DEP and provides that, subject to the appropriation of
funds by the Legislature, DEP may provide grants to counties, special districts, and municipalities to support
projects that:
Evaluate and implement innovative technologies and solutions for the disposal of biosolids; or
Construct, upgrade, expand, or retrofit domestic facilities that convert wastewater residuals to Class AA
biosolids, nonfertilizer uses or disposal methods, or alternatives to synthetic fertilizers.
The bill encourages applicants to form public-private partnerships with private utilities and firms.
The bill provides that projects eligible for funding by the biosolids grant program may include, but are not
limited to, projects that reduce the amount of nutrients in biosolids, projects that reduce the amount of
emerging contaminants in biosolids, or projects that provide alternatives to the land application or landfilling of
biosolids as a method of disposal. The bill requires DEP, in allocating grant funds, to prioritize projects by
considering the environmental benefit that a project may provide.
The bill requires DEP to administer the biosolids grant program so that, of the funds made available each year
for the program, 10 percent of those funds are reserved for projects located within an area designated a rural
area of opportunity.
The bill requires DEP to develop annual reporting requirements for grant recipients.
The bill does not appear to have a fiscal impact on the state or local governments. STORAGE NAME: h1405e.ISC PAGE: 2
DATE: 4/20/2023
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
Biosolids Rulemaking
The Legislature passed the Clean Waterways Act in 2020 to address a number of environmental issues
relating to water quality improvement, including biosolids, and it directed the Department of
Environmental Protection (DEP) to promulgate rules to implement the Clean Waterways Act, including
rules addressing biosolids management in Florida.
6
“The Legislature determined that protecting water
resources and water quality could be improved by permitting biosolids according to site-specific
application conditions; increasing biosolids inspection rates; implementing groundwater and surface
water monitoring protocols; and supporting nutrient management research.”
7
The biosolids rulemaking
process included multiple workshops and opportunities for public input,
8
and the rules were developed
to minimize the migration of nutrients to waterbodies.
9
In 2021, the Legislature passed House Bill
1309, which ratified those rules; the rules became effective in June of 2021.
10
Impaired Waters
The federal Clean Water Act establishes the framework to protect and restore the Nation’s waters.
11
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.
12
1
U.S. Environmental Protection Agency (EPA), The Issue (last updated Aug. 11, 2022), https://www.epa.gov/nutrientpollution/issue
(last visited Mar. 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 Mar. 18, 2023).
5
EPA, supra note 1.
6
Ch. 2020-150, Laws of Fla.
7
DEP, Clean Water Ways Act Implementation, p. 8 (on file with the House Water Quality, Supply & Treatment Subcommittee).
8
Department of Environmental Protection (DEP), DEP Chapter 62-640, F.A.C., Rulemaking (last updated Feb. 7, 2023),
https://floridadep.gov/water/domestic-wastewater/content/dep-chapter-62-640-fac-rulemaking (last visited Apr. 17, 2023).
9
Id.
10
DEP, supra note 7.
11
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 Mar. 18, 2023);
12
Id.; 40 C.F.R. § 130.7 (Following the development of the list of impaired waters, states must develop a total maximum daily load
(TMDL) for every pollutant/waterbody combination on the list. A TMDL 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); 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 Mar. 18, 2023). STORAGE NAME: h1405e.ISC PAGE: 3
DATE: 4/20/2023
In order to plan and prioritize projects to protect and restore water quality, DEP has sorted Florida’s
water resources into 29 major watersheds and organized those watersheds into 5 basin groups.
13
A
watershed is an area of land that contributes to the flow of water into a body of water
14
; 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.
15
Waterbodies or waterbody segments that fail to meet applicable water quality standards are
“impaired.”
16
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.
17
A waterbody or segment may be removed from the list at any time during the TMDL
process if it attains water quality standards.
18
If DEP determines that a waterbody is impaired, but
further study is needed 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.
19
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.
20
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.
21
The collected material
is the solid, semisolid, or slurry residual material that is a byproduct of wastewater treatment
processes.
22
The byproduct is treated
23
to produce a nutrient-rich product known as biosolids, which may then be
applied to agricultural land and reclamation sites
24
.
25
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
13
DEP, Assessment Lists, https://floridadep.gov/dear/watershed-assessment-section/content/assessment-lists (last visited Apr. 10,
2023).
14
S. 403.031(18), F.S.
15
S. Shukla, What is a Watershed?, University of Florida IFAS Extension Ask IFAS (Dec. 2019),
https://edis.ifas.ufl.edu/publication/AE265 (last visited Mar. 17, 2023).
16
R. 62-303.200(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.”)
17
DEP, supra note 13 DEP, Verified List Waterbody Ids (WBIDs), https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-
waterbody-ids-wbids/about (last visited Mar. 18, 2023); and s. 403.067(4), F.S.
18
S. 403.067(5), F.S.; DEP, Impaired Waters Listing Process (last updated Jan. 11, 2023), https://floridadep.gov/dear/water-quality-
assessment/content/impaired-waters-listing-process (last visited Apr. 10, 2023).
19
R. 62-303.150(1), F.A.C.; DEP, supra note 13.
20
DEP, General Facts and Statistics about Wastewater in Florida (last updated Apr. 20, 2022) https://floridadep.gov/water/domestic-
wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited Mar. 18, 2023).
21
DEP, Domestic Wastewater Biosolids (last updated April, 20, 2022), https://floridadep.gov/water/domestic-
wastewater/content/domestic-wastewater-biosolids (last visited Mar. 18, 2023).
22
Id.; see also Brittanica, Sludge Treatment and Disposal, https://www.britannica.com/technology/wastewater-treatment/Sludge-
treatment-and-disposal (last visited Mar. 18, 2023).
23
“‘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.” R. 62-640.200(49), F.A.C.
24
On reclamation sites “[b]iosolids have been used successfully to establish sustainable vegetation, reduce the bioavailability of toxic
substances often found in soils, control soil erosion, and regenerate soil layers at sites that have damaged soils. Soil regeneration is
very important for reclaiming sites with little or no topsoil.” EPA, Basic Information About Biosolids – Reclamation Sites,
https://www.epa.gov/biosolids/basic-information-about-biosolids (last visited Apr. 10, 2023).
25
EPA, Basic Information About Biosolids (last updated Jan. 18, 2023), https://www.epa.gov/biosolids/basic-information-about-
biosolids (last visited Apr. 10, 2023); DEP, supra note 21. STORAGE NAME: h1405e.ISC PAGE: 4
DATE: 4/20/2023
service.
26
“When applied to land at the appropriate agronomic rate, biosolids provide a number of
benefits including nutrient addition, improved soil structure, and water reuse.”
27
In addition, land
application of biosolids may have economic and waste management benefits because landfill space is
not used for the disposal of biosolids.
28
However, biosolids are receivers of Per- and Polyfluoroalkyl
Substances (PFAS).
29
U.S. Environmental Protection Agency - Biosolids Use & Disposal Across the U.S.
30
In Florida, 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.
31
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.”
32
Regulation of Biosolids
In addition to being treated, biosolids are subject to regulatory requirements designed to protect human
health and the environment.
33
Biosolids are classified at the federal level as “Class A” or “Class B”
26
Water Environment Federation, PFAS in Municipal Biosolids (Apr. 2021 webcast),
https://learn.wef.org/course/view.php?id=17&pageid=197.
27
EPA, supra note 25.
28
Id.
29
Water Environment Federation, supra note 25.
30
EPA, supra note 25. A monofill is “a landfill that accepts only wastewater treatment plant biosolids.” EPA, Fact Sheet: Use of
Landfilling for Biosolids Management (last updated Feb. 13, 2023), https://www.epa.gov/biosolids/fact-sheet-use-landfilling-
biosolids-management (last visited Apr. 10, 2023).
31
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 Mar. 18, 2023).
32
EPA, Land Application of Biosolids (last updated Mar. 10, 2023), https://www.epa.gov/biosolids/land-application-biosolids (last
visited Apr. 10, 2023).
33
DEP, supra note 20. STORAGE NAME: h1405e.ISC PAGE: 5
DATE: 4/20/2023
biosolids in terms of pathogen reduction requirements.
34
In Florida, there is a special “Class AA”
designation for biosolids treated to the highest quality standard, which are distributed and marketed as
fertilizer.
35
Although all biosolids classes have been treated to substantially reduce pathogen indicators below
levels typically found in manure, Class B biosolids have the least.
36
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.
37
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.”
38
Either Class
A or Class B pathogen requirements and site restrictions must be met before biosolids may be land
applied.
39
“Class A biosolids are essentially free of pathogens prior to application. . . . [and] Class B
biosolids may have low levels of pathogens which rapidly die off when applied to soils, essentially
becoming pathogen-free within a short period following application in accordance with” federal
regulations.
40
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 Florida
Department of Agriculture & Consumer Services.
41
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).
42
34
40 C.F.R. Part 503; see also EPA, supra note 32.
35
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 Mar. 18, 2023).
36
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.
37
R. 62-640.600, F.A.C.
38
DEP, Domestic Wastewater Biosolids (last updated Apr. 20, 2022), https://floridadep.gov/water/domestic-
wastewater/content/domestic-wastewater-biosolids (last visited Mar. 18, 2023).
39
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 Mar. 19, 2023).
40
State of California, CalRecycle, https://calrecycle.ca.gov/Organics/Biosolids/ (last visited Mar. 23, 2023).
41
R. 62-640.850(2), F.A.C.; see also S. 576.181(1), F.S. and r. ch. 5E-1, F.A.C.
42
DEP, Wastewater Facility Regulation Map, https://www.arcgis.com/home/item.html?id=3a1f04a423784536b1ac94e361eaf206 (last
visited Mar. 18, 2023). STORAGE NAME: h1405e.ISC PAGE: 6
DATE: 4/20/2023
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.
43
“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
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.”
44
DEP has promulgated rules to establish minimum requirements, including monitoring and reporting
requirements, for the treatment, management, use, and disposal of biosolids.
45
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,
46
and
include permit requirements for both treatment facilities and biosolids application sites.
47
Each permit application for a biosolids land application site
48
must include a site-specific NMP.
49
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),
50
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
51
.”
52
43
S. 403.0855(3)(a), F.S.
44
Id.
45
Ch. 62-640, F.A.C.
46
R. 62-640.100(5)(b)-(c), F.A.C.
47
R. 62-640.300(1), F.A.C.
48
“‘Application site’ means a property (such as a farm, a ranch or a mining property) where biosolids or septage are applied to land.
Application sites are identified as either agricultural sites or reclamation sites.” R. 62-640.200(3), F.A.C.
49
R. 62-640.500(a), F.A.C.
50
R. 62-640.500(5)(c), F.A.C.
51
“‘Application zone’ means a parcel of land (e.g., a field) within an application site to which biosolids are applied.” R. 62-
640.200(4), F.A.C.
52
R. 62-640.500(5)(f), F.A.C. STORAGE NAME: h1405e.ISC PAGE: 7
DATE: 4/20/2023
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).
53
An
impaired waterbody is one that does not meet applicable water quality standards,
54
and a BMAP
addresses the pollutant causing the impairment.
55
Thirty-three BMAPs have been developed
statewide.
56
Impaired waterbodies with plans that provide reasonable assurance that they will attain water quality
standards may avoid placement on DEP’s Verified List.
57
RAPs are adopted by order of the Secretary
of DEP,
58
and they “may obviate the need to use limited state resources to . . . implement BMAPs.”
59
Five reasonable assurance plans have been adopted.
60
Biosolids may only be applied to sites that are permitted by DEP and have a valid NMP.
61
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
62
and cumulative concentrations.
63
There
are many other requirements for Class A and Class B application sites, such as setback distances and
runoff prevention requirements.
64
Class B biosolids application sites must be posted with appropriate
advisory signs
65
and the sites are subject to additional restrictions, including food crops harvesting
restrictions and animal grazing restrictions.
66
Once a site is permitted, it is subject to monitoring, record-keeping, reporting, and notification
requirements.
67
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.”
68
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,
69
Caloosahatchee River,
70
and St. Lucie
River
71
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.
72
53
S. 403.067(7)(a)1., F.S.; R. 62-303.100(1), F.A.C.
54
R. 62-303.200(7), F.A.C.
55
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 Mar. 1, 2023).
56
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 Mar. 1, 2023).
57
R. 62-303.600(2), F.A.C.
58
EDR, supra note 56, at 29.
59
Id. at 27.
60
Id. at 29.
61
R. 62-640.500, F.A.C.
62
R. 62-640.700(5), F.A.C.
63
R. 62-640.700(7), F.A.C.
64
R. 62-640.700(8), (11), F.A.C.
65
R. 62-640.700(6)(f), F.A.C.
66
R. 62-640.700(12)(d)-(h), F.A.C.
67
R. 62-640.650, F.A.C.
68
Id.
69
S. 373.4595(3)(b)16., F.S.
70
S. 373.4595(4)(b)5., F.S.
71
S. 373.4595(4)(d)5., F.S.
72
Id.; ss. 373.4595(3)(b)16. and 373.4595(4)(b)5., F.S.; see also R. 62-640.850, F.A.C. STORAGE NAME: h1405e.ISC PAGE: 8
DATE: 4/20/2023
The land application of Class A and Class B biosolids is also prohibited within priority focus areas
73
in
effect for Outstanding Florida Springs if the land application is not in accordance with an NMP that has
been approved by DEP.
74
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.”
75
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.
76
Such regulations are valid until repealed by the
municipality or county.
77
Rural Area of Opportunity
A rural area of opportunity (RAO) is a rural community
78
or region of communities which have “been
adversely affected by an extraordinary economic event, severe or chronic distress, or a natural disaster
or that presents a unique economic development opportunity of regional impact.”
79
The Governor may
designate no more than three RAOs.
80
The designated RAOs are:
The Northwest Rural Area of Opportunity: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson,
Liberty, Wakulla, and Washington counties, and the area within the city limits of Freeport and
Walton County north of the Choctawhatchee Bay and intercoastal waterway;
The South Central Rural Area of Opportunity: DeSoto, Glades, Hardee, Hendry, Highlands, and
Okeechobee counties, and the cities of Pahokee, Belle Glade, and South Bay (Palm Beach
County), and Immokalee (Collier County); and
The North Central Rural Area of Opportunity: Baker, Bradford, Columbia, Dixie, Gilchrist,
Hamilton, Jefferson, Lafayette, Levy, Madison, Putnam, Suwannee, Taylor, and Union
counties.
81
Effect of the Bill
The bill establishes a biosolids grant program within DEP and provides that, subject to the
appropriation of funds by the Legislature, DEP may provide grants to counties, special districts, and
municipalities to support projects that:
Evaluate and implement innovative technologies and solutions for the disposal of biosolids; or
Construct, upgrade, expand, or retrofit domestic facilities that convert wastewater residuals to
Class AA biosolids, nonfertilizer uses or disposal methods, or alternatives to synthetic fertilizers.
The bill encourages applicants to form public-private partnerships with private utilities and firms.
The bill provides that projects eligible for funding by the biosolids grant program may include, but are
not limited to, projects that reduce the amount of nutrients in biosolids, projects that reduce the amount
of emerging contaminants in biosolids, or projects that provide alternatives to the land application or
landfilling of biosolids as a method of disposal.
73
“‘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.”
S. 373.802(5), F.S.
74
S. 373.811(4), F.S.
75
Id.
76
S. 403.0855(6), F.S.
77
Id.
78
“Rural community” means: 1. A county with a population of 75,000 or fewer. 2. A county with a population of 125,000 or fewer
which is contiguous to a county with a population of 75,000 or fewer. 3. A municipality within a county described in subparagraph 1.
or subparagraph 2. 4. An unincorporated federal enterprise community or an incorporated rural city with a population of 25,000 or
fewer and an employment base focused on traditional agricultural or resource-based industries, located in a county not defined as
rural, which has at least three or more economic distress factors verified by the Department of Economic Opportunity. S.
288.0656(2)(e), F.S.
79
S. 288.0656(2)(d).
80
S. 288.0656(7)(a), F.S.
81
Department of Economic Opportunity, Rural Areas of Opportunity, https://floridajobs.org/community-planning-and-
development/rural-community-programs/rural-areas-of-opportunity (last visited Apr. 17, 2023). STORAGE NAME: h1405e.ISC PAGE: 9
DATE: 4/20/2023
The bill requires DEP, in allocating grant funds, to prioritize projects by considering the environmental
benefit that a project may provide, and requires DEP to review an analysis of how the project’s
conversion to Class AA biosolids, nonfertilizer uses or disposal methods, alternatives to synthetic
fertilizers derived from wastewater residuals, or innovative technologies are projected to minimize the
impact of nutrients and other pollutants on water quality and the environment.
The bill requires DEP to administer the biosolids grant program so that, of the funds made available
each year for the program, 10 percent of those funds are reserved for projects located within an area
designated a RAO and authorizes DEP, if it does not receive sufficient applications for projects within
an area designated as a RAO, to reallocate the reserved funds to other projects prioritized by DEP.
The bill requires each biosolids grant to have a minimum of a 50 percent funding match from local,
state, federal, or private funds, and authorizes DEP to waive, in whole or in part, the funding match
requirement for proposed projects within an area designated as a RAO.
The bill requires DEP to develop annual reporting requirements for grant recipients, and requires the
annual report to include the phosphorous and nitrogen content, the type, and the amount of each grant-
funded product derived from the wastewater residuals and the buyers and users of such products.
B. SECTION DIRECTORY:
Section 1. Creates s. 403.0674, F.S., related to a biosolids grant program.
Section 2. 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:
Subject to the appropriation, the bill establishes a biosolids grant program within DEP to provide
grants to counties, special districts, and municipalities to support specified projects.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None. STORAGE NAME: h1405e.ISC PAGE: 10
DATE: 4/20/2023
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
On March 22, 2023, the Water Quality, Supply & Treatment Subcommittee considered one amendment,
which was adopted, and reported the bill favorably as a committee substitute (CS). The amendment:
Removes the authorization for DEP to provide grants from the wastewater grant program for
projects that convert wastewater residuals to Class A or Class AA biosolids;
Establishes a biosolids grant program within DEP and authorizes DEP to provide grants to counties
and municipalities to support projects to construct, upgrade, expand, or retrofit domestic facilities
that convert wastewater residuals to Class AA biosolids;
Requires DEP to administer the grant program so that, of the funds made available each year for
the program, certain percentages of those funds are reserved for particular types of projects; and
Removes the requirement for 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.
On April 17, 2023, the Infrastructure Strategies Committee considered one amendment, which was
adopted, and reported the bill favorably as a CS. The amendment:
Removes the requirement that DEP consider each project’s economic and market feasibility when
prioritizing projects, and removes the requirement that DEP review a detailed cost-benefit analysis
for the project which includes the project’s overall economic impact and both current and future
market potential, including current or prospective buyers or users of the project’s Class AA
biosolids.
Revises what DEP must review when evaluating the environmental benefit of a project.
Removes the requirement that DEP administer the grant program so that, of the funds made
available each year, at least 33 percent is reserved for projects that convert wastewater residuals
into composted Class AA biosolids that meet the requirements of the United States Composting
Council’s Seal of Testing Assurance Program as being fully stabilized, and at least 33 percent is
reserved for projects that convert wastewater residuals into both Class AA biosolids and a solution
of ammonia nitrogen.
Removes the prohibition on DEP from authorizing land application site permits for Class B biosolids
within the subwatershed of a waterbody or waterbody segment listed as impaired for either nitrogen
or phosphorus pursuant to s. 403.067, F.S., or within an adjoining upstream subwatershed
containing surface waters that flow to a waterbody listed as impaired for either nitrogen or
phosphorus pursuant to s. 403.067, F.S., unless the applicant affirmatively demonstrates that the
phosphorus and nitrogen in the biosolids will not add to the nutrient load in the impaired
subwatershed; STORAGE NAME: h1405e.ISC PAGE: 11
DATE: 4/20/2023
Removes the requirement that DEP, beginning November 1, 2023, and each November 1
thereafter, publish updated maps designating the subwatersheds of water bodies protected under s.
403.0855(7), F.S.;
Removes the requirement that new or renewed Class B biosolid land application site permits issued
after November 1, 2023, meet the requirements of s. 403.0855, F.S., by July 1, 2024; and
Removes the requirement that, by July 1, 2025, all permits for biosolid land application sites meet
the requirements of s. 403.0855, F.S.
The staff analysis has been updated to reflect the committee substitute approved by the Infrastructure
Strategies Committee.