The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Agriculture, Environment, and General
Government
BILL: CS/SB 880
INTRODUCER: Environment and Natural Resources Committee and Senators Brodeur and Stewart
SUBJECT: Biosolids
DATE: April 11, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Fav/CS
2. Reagan Betta AEG Favorable
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 880 creates the biosolids grant program. Subject to the appropriation of funds by the
Legislature, the Department of Environmental Protection (DEP) may provide grants to local
governmental entities for projects that construct, upgrade, expand, or retrofit domestic facilities
that convert wastewater residuals to Class AA biosolids.
The bill requires prioritization of projects based on their economic and market feasibility and
environmental benefit. The bill specifies how grant funds will be distributed and requires a 50
percent local match for certain projects.
The bill prohibits the DEP from authorizing a land application site permit for Class B biosolids
within the subwatershed of a waterbody listed as impaired for either nitrogen or phosphorus or
within an adjoining upstream subwatershed containing surface waters that flow to an impaired
waterbody unless the applicant affirmatively demonstrates that the phosphorus and nitrogen in
the biosolids will not add to the nutrient load in the impaired subwatershed. The DEP must
publish updated maps designating the subwatersheds of waterbodies protected under this
prohibition.
The bill provides that new or renewed Class B biosolids land application site permits issued after
July 1, 2023, must meet statutory biosolids management requirements by July 1, 2024. All
permits for biosolids land application sites must meet the requirements by July 1, 2025.
REVISED: BILL: CS/SB 880 Page 2
The bill has an indeterminate fiscal impact subject to appropriations.
The effective date of the bill is July 1, 2023.
II. Present Situation:
Water Quality and Nutrients
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
Under section 303(d) of the federal Clean Water Act, states 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.
6
Due to limited funds and the wide variety of surface waters in Florida, the DEP has sorted those
waters into 29 major watersheds, or basins, and further organized them into five basin groups for
assessment purposes.
7
If the 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.
8
A waterbody or segment may be removed from the list at any time
1
U.S. Environmental Protection Agency, The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Feb. 10, 2023).
2
Id.
3
Id.
4
U.S. Environmental Protection Agency (EPA), Sources and Solutions, https://www.epa.gov/nutrientpollution/sources-and-
solutions (last visited Feb 10, 2023).
5
EPA, The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Feb. 10, 2023).
6
EPA, Overview of Identifying and Restoring Impaired Waters under Section 303(d) of the CWA,
https://www.epa.gov/tmdl/overview-identifying-and-restoring-impaired-waters-under-section-303d-cwa (last visited Feb. 24,
2023); 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. DEP, Total
Maximum Daily Loads Program, https://floridadep.gov/dear/water-quality-evaluation-tmdl/content/total-maximum-daily-
loads-tmdl-program (last visited Feb. 10, 2023).
7
DEP, Assessment Lists, https://floridadep.gov/dear/watershed-assessment-section/content/assessment-lists (last visited Feb.
24, 2023).
8
Id.; DEP, Verified List Waterbody Ids (WBIDs), https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-waterbody-ids-
wbids/about (last visited Feb. 24, 2023); and s. 403.067(4), F.S. BILL: CS/SB 880 Page 3
during the TMDL process if it attains water quality criteria.
9
If the 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.
10
Biosolids
The proper treatment and disposal or reuse of domestic wastewater is an important part of
protecting Florida’s water resources. The majority of Florida’s domestic wastewater is controlled
and treated by centralized treatment facilities regulated by the DEP. Florida has approximately
2,000 permitted domestic wastewater treatment facilities.
11
When domestic wastewater is treated, solid, semisolid, or liquid residue known as biosolids
12
accumulates in the wastewater treatment plant and must be removed periodically to keep the
plant operating properly.
13
Biosolids also include products and treated material from biosolids
treatment facilities and septage management facilities regulated by the DEP.
14
The collected
residue is high in organic content and contains moderate amounts of nutrients.
15
According to the DEP’s estimates in 2019, wastewater treatment facilities produce about 340,000
dry tons of biosolids each year.
16
Biosolids can be disposed of in several ways: transfer to
another facility, placement in a landfill, distribution and marketing as fertilizer, incineration,
bioenergy, and land application to pasture or agricultural lands.
17
In 2019, about one-third of the
total amount of biosolids produced was used for land application
18
and is subject to regulatory
requirements established by the DEP to protect public health and the environment.
19
Land application of biosolids involves spreading biosolids on the soil surface or incorporating or
injecting biosolids into the soil at a permitted site.
20
This practice provides nutrients and organic
matter to the soil on agricultural land, golf courses, forests, parks, mine reclamation sites, and
9
Section 403.067(5), F.S.
10
Section 403.067(2), F.S.; ch. 62-303.150, F.A.C.
11
DEP, General Facts and Statistics about Wastewater in Florida, https://floridadep.gov/water/domestic-
wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited Feb. 10, 2023).
12
Biosolids are the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic
wastewater treatment facility and include products and treated material from biosolids treatment facilities and septage
management facilities. The term does not include the treated effluent or reclaimed water from a domestic wastewater
treatment facility, solids removed from pump stations and lift stations, screenings and grit removed from the preliminary
treatment components of domestic wastewater treatment facilities, or ash generated during the incineration of biosolids.
Section 373.4595, F.S.
13
DEP, Domestic Wastewater Biosolids, https://floridadep.gov/water/domestic-wastewater/content/domestic-wastewater-
biosolids (last visited Mar. 7, 2023).
14
Fla. Admin. Code R. 62-640.200(6).
15
DEP, Domestic Wastewater Biosolids.
16
DEP, Biosolids in Florida, 5 (2019), available at 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. 7, 2023).
17
Id. at 4.
18
Id. at 5.
19
Fla. Admin. Code R. 62-640.
20
EPA, Land Application of Biosolids, https://www.epa.gov/biosolids/land-application-biosolids (last visited Mar. 8, 2023). BILL: CS/SB 880 Page 4
other disturbed lands. Composted and treated biosolids are used by landscapers and nurseries,
and by homeowners for their lawns and home gardens.
21
A recent study in the Upper St. Johns
River Basin compared the timing and intensity of Class B land applications of biosolids to long-
term trends in total phosphorus and total nitrogen concentrations and fluxes in eight pasture-
dominated, small-to-medium watersheds with varying intensity and cumulative history of land
application of biosolids.
22
The study showed strong correlative evidence that intensified land
applications of Class B biosolids caused increases in the total phosphorus and total nitrogen
fluxes in the Upper St. Johns River Basin.
23
U.S. Composting Council
The U.S. Composting Council works to advance compost manufacturing, compost utilization,
and organics recycling to benefit its members, society, and the environment.
24
The Seal of
Testing Assurance Program was created in 2000 to create national lab standards for
composting.
25
The program intends to provide clear and consistent information to compost
producers and buyers regarding compost testing results, components, and recommended
directions for use.
Regulation of Biosolids in Florida
The DEP regulates three classes of biosolids for beneficial use: Class AA, Class A, and Class B
biosolids.
26
The classes are categorized based on treatment and quality, with Class AA biosolids
receiving the highest level of treatment, and Class B receiving the lowest.
27
Treatment of
biosolids must reduce pathogens, the attractiveness of the biosolids for pests like insects and
rodents, and the amount of toxic metals in the biosolids.
28
Class AA biosolids can be distributed and marketed like other commercial fertilizers with few
further restrictions.
29
Typically, Class B biosolids are used in land application and the map on the
following page shows current permitted Class B biosolids land application sites.
30
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.
31
Biosolids may not be applied on soils where
the seasonal high-water table is less than six inches from the intended depth of biosolids
21
Id.
22
Andy Canion, et al., Trends in phosphorus fluxes are driven by intensification of biosolids applications in the Upper St.
Johns River Basin (Florida, United States), Lake and Reservoir Management, 2 (2022) (on file with the Senate Committee on
Environment and Natural Resources).
23
Id. at 1.
24
U.S. Composting Council, Mission Statement, https://www.compostingcouncil.org/ (last visited Mar. 14, 2023).
25
U.S. Composting Council, Seal of Testing Assurance Program for Compost Manufacturers,
https://www.compostingcouncil.org/page/CompostManufacturersSTA (last visited Mar. 14, 2023).
26
Chapter 62-640.200, F.A.C.
27
Id.; DEP, Domestic Wastewater Biosolids.
28
Chapter 62-640.200, F.A.C.
29
DEP, Domestic Wastewater Biosolids; National Biosolids Data Project, Florida Biosolids,
https://www.biosolidsdata.org/florida (last visited Mar. 8, 2023); ch. 62-640.850, F.A.C.
30
DEP, Biosolids in Florida at 4; DEP, Domestic Wastewater Biosolids; DEP, Wastewater Facility Regulation (WAFR) Map
– Residual Application Sites,
https://www.arcgis.com/apps/mapviewer/index.html?layers=70300d6abaa5463e83091786599d06dd (last visited Mar. 8,
2023).
31
Section 403.0855(3), F.S. BILL: CS/SB 880 Page 5
placement, unless a nutrient
management plan 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
surface water quality
standards or groundwater
standards.
32
Biosolids are regulated
under Rule 62-640 of the
Florida Administrative
Code. The rules provide
minimum requirements,
including monitoring and
reporting requirements, for
the treatment, management,
use, and disposal of
biosolids. The rules are
applicable to wastewater treatment facilities, appliers, and distributors
33
and include permit
requirements for both treatment facilities and biosolids application sites.
34
Each permit application for a biosolids land application site must include a site-specific nutrient
management plan (NMP) that establishes the specific rates of application and procedures.
35
Biosolids may only be applied to sites that are permitted by the DEP and have a valid NMP.
36
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 ceiling and cumulative concentrations
determined by rule.
37
Once a facility or site is permitted, it is subject to monitoring, record-keeping, reporting, and
notification requirements.
38
The requirements are site-specific and can be increased or reduced
by the 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.
39
32
Id.
33
Fla. Admin. Code R. 62-640.100.
34
Fla. Admin. Code R. 62-640.300.
35
Fla. Admin. Code R. 62-640.500.
36
Id.
37
Fla. Admin. Code R. 62-640.700.
38
Fla. Admin. Code R. 62-640.650.
39
Id. BILL: CS/SB 880 Page 6
Bans on the Land Application of Biosolids
Section 373.4595, F.S., sets out the statutory guidelines for the Northern Everglades and
Estuaries Protection Program. This statute is designed to protect and promote the hydrology of
Lake Okeechobee and the Caloosahatchee and St. Lucie rivers and their estuaries. As part of
those protections, the Legislature banned the disposal of domestic wastewater biosolids within
the Lake Okeechobee, Caloosahatchee River, and St. Lucie River watersheds unless the
applicant can affirmatively demonstrate that the nutrients in the biosolids will not add to nutrient
loadings in the watershed.
40
The prohibition against land application in these watersheds does not
apply to Class AA biosolids that are distributed as fertilizer products in accordance with
Rule 62-640.850 of the Florida Administrative Code.
41
This ban resulted in increases in land
application of Class B biosolids in the northern part of the state, particularly in the Upper St.
Johns River Basin, which received 78 percent of statewide Class B biosolids applications by
2019.
42
The land application of Class A and Class B biosolids is also prohibited within priority focus
areas in effect for Outstanding Florida Springs if the land application is not in accordance with
an NMP that has been approved by the DEP.
43
The NMP must establish 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 and waters of the states.
44
A municipality or county may regulate the land application of Class A or Class B biosolids if the
regulation was adopted before November 1, 2019. Such regulations are valid until repealed by
the municipality or county.
45
III. Effect of Proposed Changes:
The bill contains whereas clauses that acknowledge the following:
The Legislature encourages the highest levels of treatment, quality, and use for biosolids; and
The Legislature encourages the beneficial use of biosolids in a manner that will foster public
acceptance, as well as innovative and alternative uses for biosolids.
Section 1 creates s. 403.0674, F.S., to create the biosolids grant program within the DEP. The
bill provides that, subject to the appropriation of funds by the Legislature, the DEP may provide
grants to counties and municipalities in the state to support projects to construct, upgrade,
expand, or retrofit domestic facilities that convert wastewater residuals to Class AA biosolids.
An applicant must be a county or municipal governmental entity; however, applicants are
encouraged to form public-private partnerships with private utilities and firms.
40
Chapter 2016-1, Laws of Florida; see s. 373.4595, F.S.
41
Id.
42
Andy Canion, et al., Trends in phosphorus fluxes are driven by intensification of biosolids applications in the Upper St.
Johns River Basin (Florida, United States) at 1.
43
Section 373.811(4), F.S.
44
Id.
45
Section 403.0855, F.S. BILL: CS/SB 880 Page 7
The bill directs the DEP to prioritize grant funding for projects by considering each project’s
economic and market feasibility, as well as the environmental benefit that a project may provide.
To evaluate a project’s economic and market feasibility, the bill directs the DEP to review a
detailed cost-benefit analysis 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.
To evaluate the environmental benefit of a project, the bill directs the DEP to review an analysis
of how the project’s Class AA biosolids are projected to minimize the migration of nutrients and
other pollutants that degrade water quality.
The bill requires the DEP to administer the grant program so that, of the funds made available
each year under the grant program:
At least 33 percent is reserved for projects that convert wastewater residuals into composted
Class AA biosolids that meet the requirements of the U.S. Compost Council’s Seal of Testing
Assurance Program as being fully stabilized.
At least 33 percent is reserved for projects that convert wastewater residuals into both Class
AA biosolids and a solution of ammonia nitrogen, a valuable alternative to synthetic nitrogen
fertilizers.
At least 10 percent is reserved for projects within an area designated as a rural area of
opportunity.
The bill permits the DEP to reallocate the reserved funds to other projects that are prioritized
based on the DEP’s evaluation if the DEP does not receive sufficient project applications.
The bill directs the DEP to require that each project grant have a minimum of a 50 percent
funding match from local, state, federal, or private funds. The DEP may waive, in whole or in
part, the match requirement for proposed projects within an area designated as a rural area of
opportunity.
Section 2 amends s. 403.0855, F.S., to prohibit the DEP from authorizing a land application site
permit for Class B biosolids within the subwatershed of a waterbody or waterbody segment listed
as impaired for either nitrogen or phosphorus or within an adjoining upstream subwatershed
containing surface waters that flow to a waterbody designated as impaired for either nitrogen or
phosphorus unless the applicant affirmatively demonstrates that the phosphorus and nitrogen in
the biosolids will not add to the nutrient load in the impaired subwatershed.
The demonstration must be based on achieving a net balance between nutrient imports relative to
exports on the permitted land application site. Exports may include only nutrients removed from
the subwatershed through products generated on the permitted land application site. Beginning
November 1, 2023, and each November 1 thereafter, the DEP must publish updated maps
designating the subwatersheds of waterbodies protected under this subsection.
The bill provides that new or renewed Class B biosolids land application site permits issued after
July 1, 2023, must meet statutory biosolids management requirements by July 1, 2024. All
permits for biosolids land application sites must meet the requirements by July 1, 2025.
BILL: CS/SB 880 Page 8
Section 3 provides an effective date of July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Any private person or entity involved in biosolids disposal will likely experience a
negative fiscal impact due to the restriction of biosolids land application. These impacts
may be offset by the grant program.
C. Government Sector Impact:
Any county or municipal governmental entity involved in biosolids disposal will likely
experience a negative fiscal impact due to the restriction of biosolids land application. If
funded, these impacts may be offset by the grant program.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: CS/SB 880 Page 9
VIII. Statutes Affected:
This bill creates section 403.0674 of the Florida Statutes.
This bill substantially amends section 403.0855 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Environment and Natural Resources on March 14, 2023:
Removes allocations from the wastewater grant program and the Clean Water State
Revolving Fund for projects that convert wastewater residuals to Class A and Class
AA biosolids to create a separate biosolids grant program for projects to construct,
upgrade, expand, or retrofit domestic facilities that convert wastewater residuals to
Class AA biosolids.
Requires that an applicant for a biosolids grant must be a county or municipal
governmental entity.
Encourages applicants to form public-private partnerships with private utilities and
firms.
Provides for prioritization for projects based on each project’s economic and market
feasibility and environmental benefit.
Assigns specific percentages of funds to certain projects and allows the Department
of Environmental Protection (DEP) to reallocate those funds if DEP does not receive
sufficient applications.
Requires each project grant to have a minimum of a 50 percent funding match from
local, state, federal, or private funds and allows DEP to waive the match requirement
for proposed projects within a rural area of opportunity.
Specifies that DEP may not authorize a land application site permit for Class B
biosolids within the subwatershed of a waterbody or waterbody segment or an
upstream subwatershed that is listed as impaired for either nitrogen or phosphorus
pursuant to s. 403.067, F.S.
Delays the date by which DEP must publish updated maps designating the
subwatershed of protected waterbodies by four months.
Changes the issuance date after which new or renewed Class B biosolids land application
site permits must meet biosolids management requirements.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.