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 978
INTRODUCER: Environment and Natural Resources Committee and Senator Berman
SUBJECT: Advanced Wastewater Treatment
DATE: April 9, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Fav/CS
2. Reagan Betta AEG Favorable
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 978 provides that, by December 31, 2025, the Department of Environmental Protection
(DEP), in collaboration with water management districts and wastewater facilities, must submit
to the Governor and Legislature a report detailing specific information about all sewage disposal
facilities with a permitted capacity of greater than 1 million gallons per day. The report must
include, among other things, the year of construction and any maintenance or upgrades,
permitted and actual wastewater treatment volumes, current treatment levels with concentrations
of specified contaminants, pollutant load estimates, disposal methods and volumes discharged to
receiving waterbodies, spill history, and facility location relative to floodplains and coastal
hazards.
The bill provides that, by December 31, 2026, the DEP must submit a report to the Governor and
Legislature outlining a priority ranking process for upgrading all sewage disposal facilities with a
permitted capacity of greater than one million gallons per day in the state to advanced waste
treatment by 2036.
The bill also directs the DEP to provide a progress report to the Governor and Legislature on the
status of upgrades by June 30, 2027. This progress report must include a list of the sewage
disposal facilities required to upgrade to advanced wastewater treatment, preliminary cost
estimates, projected timelines for upgrade commencement and completion, and the anticipated
operational start dates of the upgraded facilities.
REVISED: BILL: CS/SB 978 Page 2
The DEP may incur costs to prepare the reports required by this bill. These costs can be
absorbed within current resources. See Section V., Fiscal Impact Statement.
The bill has an effective date of July 1, 2025.
II. Present Situation:
Wastewater
Domestic sewage contains toxicants, solid waste, plastics, and bacterial contaminants.
1
It also
contains nutrients such as nitrogen and phosphorus.
2
Once wastewater is treated to standards set
and monitored by state and federal officials, it is typically released into a local waterbody.
3
However, conventional wastewater treatment is often ineffective at removing certain pollutants,
such as contaminants of emerging concern,
4
heavy metals, Escherichia coli (e. coli),
pharmaceuticals, pesticides, and microplastics.
5
As a result, the discharge of conventionally
treated wastewater can be a significant source of pollution in aquatic ecosystems, leading to
documented declines in biodiversity and essential ecosystem functions.
6
1
Mehtab Haseena et al., Water pollution and human health, Environmental Risk Assessment and Remediation, vol. 1, 16, 18
(2017), available at https://www.researchgate.net/publication/326828651_Water_pollution_and_human_health. See also C.
Chahal et al., Pathogen and particle Associations in wastewater: Significance and Implications for Treatment and
Disinfection Processes, Advances in Applied Microbiology, vol. 97, 68 (2016), available at
https://www.sciencedirect.com/science/article/pii/S0065216416300971.
2
See EPA, Nutrient Pollution: Sources and Solutions: Wastewater, https://www.epa.gov/nutrientpollution/sources-and-
solutions-wastewater (last visited Mar. 7, 2025).
3
EPA, Nutrient Pollution: Sources and Solutions: Wastewater, https://www.epa.gov/nutrientpollution/sources-and-solutions-
wastewater (last visited Mar. 7, 2025).
4
Contaminants of Emerging Concern (CECs) are chemicals that are being discovered in water that previously had not been
detected or are being detected at levels that may be different than expected. While there are no regulatory limits, there may be
a long-term potential risk to human health or the environment associated with CECs. EPA prioritizes CECs for research and
data collection. DEP, Regulated Drinking Water Contaminants and Contaminants of Emerging Concern,
https://floridadep.gov/comm/press-office/content/regulated-drinking-water-contaminants-and-contaminants-emerging-
concern (last visited Mar. 6, 2025).
5
See Joshua Matesun et al., Limitations of wastewater treatment plants in removing trace anthropogenic biomarkers and
future directions: A review, Ecotoxicology and Environmental Safety, 1 (2024), available at
https://www.sciencedirect.com/science/article/pii/S0147651324006869; Jonas Margot et al., Treatment of micropollutants in
municipal wastewater: Ozone or powdered activated carbon?, Science of The Total Environment, 480 (2013), available at
https://www.sciencedirect.com/science/article/abs/pii/S0048969713005779?via%3Dihub; Sunanda Mishra et al., Membrane
bioreactor (MBR) as an advanced wastewater treatment technology for removal of synthetic microplastics, Development in
Wastewater Treatment Research and processes, 45 (2022), available at
https://www.sciencedirect.com/science/article/abs/pii/B9780323855839000223.
6
See Daniel Stalter et al., Do Contaminants Originating from State-of-the-Art Treated Wastewater Impact the Ecological
Quality of Surface Waters?, Plos One, vol. 8, 8 (2013), available at
https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0060616; Katja Bunzel et al., Effects of organic pollutants
from wastewater treatment plants on aquatic invertebrate communities, Water Research, vol. 47, 597 (2013), available at
https://www.sciencedirect.com/science/article/abs/pii/S0043135412007610?via%3Dihub; Dania Albini et al., The combined
effects of treated sewage discharge and land use on rivers, Global Change Biology, 6415 (2023), available at
https://pmc.ncbi.nlm.nih.gov/articles/PMC10946937/. BILL: CS/SB 978 Page 3
Advanced wastewater treatment (AWT) has been shown to be more effective at reducing effluent
toxicity than conventional treatment.
7
There are several types of AWT technologies. Some AWT
methods such as membrane bioreactor filtration can treat wastewater to match the physical,
chemical, and biological properties of the waterbody the treated water will be discharged into.
8
Membrane bioreactors and other AWT technologies, including oxidation processes and
powdered activated carbon, have also been shown to be effective at removing micropollutants
such as pharmaceuticals, pesticides, and microplastics,
9
and nutrients like phosphorus.
10
Adsorption processes have also been shown to be potential solutions for the removal of
micropollutants in advanced treatment plants.
11
Domestic Wastewater Treatment Facilities in Florida
The majority of the state’s wastewater is controlled and treated by centralized treatment facilities
regulated by the Department of Environmental Protection (DEP).
12
Florida has approximately
2,000 permitted domestic wastewater treatment facilities.
13
Wastewater treatment facilities are required to provide secondary treatment prior to reuse or
disposal.
14
Such treatment requires that carbonaceous biochemical oxygen demand (CBOD5)
and total suspended solids (TSS) not exceed specific levels based on the method of disposal (i.e.,
surface water disposal, reuse, land application, or groundwater discharge).
15
For example, for
land application or groundwater discharge, the annual average of CBOD5 and total suspended
solids may not exceed 20.0 milligrams per liter (mg/L), and the maximum-permissible
concentration in any single sample may not exceed 60.0 mg/L.
16
AWT provides a reclaimed water product containing no more than the following concentrations
of pollutants:
• five mg/L of Biochemical Oxygen Demand;
• five mg/L of Suspended Solids;
7
Johannes Völker et al., Systematic Review of Toxicity Removal by Advanced Wastewater Treatment Technologies via
Ozonation and Activated Carbon, American Chemical Society ES&T, vol. 53, 7226 (2019), available at
https://pubs.acs.org/doi/full/10.1021/acs.est.9b00570.
8
University of Florida Institute of Food and Agricultural Sciences, Advanced Wastewater Treatment (AWT),
https://blogs.ifas.ufl.edu/sarasotaco/2020/07/30/advanced-wastewater-treatment-awt/.
9
See Margot, Treatment of micropollutants in municipal wastewater: Ozone or powdered activated carbon? at 480;
Radhakrishnan Krishnan et al., Recent approaches and advanced wastewater treatment technologies for mitigating emerging
microplastics contamination—A critical review, Science of the Total Environment, vol. 858 (2023), available at
https://www.sciencedirect.com/science/article/abs/pii/S004896972206781X?via%3Dihub.
10
EPA, Advanced Wastewater Treatment to Achieve Low Concentration of Phosphorus, 3 (2007), available at
https://www.epa.gov/sites/default/files/2019-02/documents/advanced-wastewater-treatment-low-concentration-
phosphorus.pdf.
11
Biniam Belete et al., Micropollutant Removal Efficiency of Advanced Wastewater Treatment Plants: A Systematic Review,
Environmental Health Insights, vol. 17, 1 (2023), available at
https://journals.sagepub.com/doi/full/10.1177/11786302231195158.
12
DEP, Domestic Wastewater Program, https://floridadep.gov/water/domestic-wastewater (last visited Mar. 6, 2025).
13
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 Mar. 6, 2025).
14
Sections 403.086(1)(a) and (2), F.S.; Fla. Admin. Code R. 62-600.420.
15
CBOD5 is the quantity of oxygen utilized in the carbonaceous biochemical oxidation of organic matter present in water or
wastewater, reported as a five-day value determined using approved methods. Fla. Admin. Code R. 62-600.200(8).
16
Fla. Admin. Code R. 62-600.420(3). BILL: CS/SB 978 Page 4
• three mg/L of total nitrogen; and
• one mg/L of total phosphorous.
17
AWT is required before discharging into certain impaired waterbodies, including, but not limited
to, the Indian River Lagoon beginning July 1, 2025, and by January 1, 2033, waterbodies that are
not attaining nutrient-related standards or that are subject to a nutrient basin management action
plan (BMAP) or reasonable assurance plan.
18
In addition, in 2024, the Legislature passed a law
requiring that by July 1, 2034, wastewater treatment facilities providing reclaimed water for
irrigation or land application in areas within a nutrient BMAP or a reasonable assurance plan
must meet AWT standards for total nitrogen and total phosphorus if the DEP determines that the
use of reclaimed water is causing or contributing to nutrient impairment.
19
For such
determinations made by the DEP after July 1, 2024, the facility has 10 years to meet AWT
standards.
20
The DEP may also order AWT if deemed necessary.
21
17
Section 403.086(4)(a), F.S. DEP, Domestic Wastewater Treatment Process, available at
https://floridadep.gov/water/domestic-wastewater/documents/domestic-wastewater-treatment-process (showing flowchart of
wastewater treatment process).
18
Section 403.086(1)(c)1. and 2., F.S.
19
Chapter 2024-180, s. 13, Laws of Fla.; section 403.086(1)(c)3., F.S.
20
Id.
21
Section 403.086(1)(a), F.S. BILL: CS/SB 978 Page 5
Wastewater treatment facilities may be required to provide additional treatment to satisfy water
quality standards for receiving surface and ground waters.
22
Systems within Monroe County are
subject to different treatment requirements.
23
Wastewater treatment facilities must monitor the flow, the influent for CBOD5 and TSS, and the
effluent for all effluent parameters as required by the permit.
24
The minimum schedule for
sampling is based on the facility’s permitted capacity. For example, for facilities with a permitted
capacity of five million gallons per day (mgd) up to 15 mgd, sampling must be conducted
according to the following parameters:
25
• Continuous testing for flow, pH, and chlorine residual;
26
• Weekly testing for e. coli or enterococci;
• Daily (seven days per week) testing for TSS, CBOD5, nutrients, chlorine residual, and total
coliform.
27
Impaired Waters, Total Maximum Daily Loads (TMDLs), and BMAPs
Under section 303(d) of the federal Clean Water Act, states must establish water quality
standards for waters within their borders and develop a list of impaired waters that do not meet
such water quality standards.
28
States must also develop a list of threatened waters that may not
meet water quality standards in the following reporting cycle.
29
Due to limited funds and the wide variety of surface waters in Florida, the DEP sorted those
waters into 29 major watersheds, or basins, and further organized them into five basin groups for
assessment purposes.
30
If the DEP determines that any waters are impaired, the waterbody must
be placed on the verified list of impaired waters, and a TMDL must be calculated.
31
A TMDL is
a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet
water quality standards.
32
A waterbody may be removed from the verified list at any time during
the TMDL process if it attains water quality standards.
33
If the DEP determines that a waterbody
is impaired but further study is needed to determine the causative pollutants or other factors
22
Fla. Admin. Code R. 62-600.430.
23
Section 403.086(11), F.S.
24
Fla. Admin. Code R. 62-600.660(1).
25
Id. at Figure 1.
26
Total chlorine residual measured for disinfection effectiveness. Id. at n. 2.
27
Fecal coliform must be tested five days per week, but total coliform must be tested seven days per week. Id. at Figure 1.
28
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 Mar. 9,
2025); 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. DEP, Watershed Evaluation and Total Maximum Daily Loads
(TMDL) Section, https://floridadep.gov/dear/water-quality-evaluation-tmdl/content/total-maximum-daily-loads-tmdl-program
(last visited Mar. 9, 2025).
29
Id.
30
DEP, Assessment Lists, https://floridadep.gov/dear/watershed-assessment-section/content/assessment-lists (last visited Jan.
26, 2024).
31
Id.; DEP, Verified List Waterbody Ids (WBIDs), https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-waterbody-ids-
wbids/about (last visited Mar. 9, 2025); section 403.067(4), F.S.
32
Section 403.067(6)(a), F.S. See also 33 U.S.C. § 1251, s. 303(d) (the Clean Water Act).
33
Section 403.067(5), F.S. BILL: CS/SB 978 Page 6
contributing to impairment before the waterbody is placed on the verified list, the waterbody will
be placed on a statewide comprehensive study list.
34
BMAPs are one of the primary mechanisms the DEP uses to achieve TMDLs. BMAPs are plans
that address the entire pollution load, including point and nonpoint discharges,
35
for a watershed.
There are currently 34 adopted BMAPs in Florida.
36
The DEP may establish a BMAP as part of the development and implementation of a TMDL for
a specific waterbody. First, the BMAP equitably allocates pollutant reductions to individual
basins, to all basins as a whole, or to each identified point source or category of nonpoint
sources.
37
Then, the BMAP establishes the schedule for implementing projects and activities to
meet the pollution reduction allocations.
38
Producers of nonpoint source pollution included in a
BMAP must comply with the established pollutant reductions by implementing appropriate best
management practices or conducting water quality monitoring.
39
Public Notification of Pollution Releases
Florida law requires public notification of certain pollution releases.
40
A reportable pollution
release is any unauthorized release or discharge of a substance into the air, land, or waters of the
state that must be reported to the Division of Emergency Management’s State Watch Office
under applicable rules, permits, orders, or variances.
41
If an owner or operator of an installation
discovers such a release, they must notify DEP within 24 hours.
42
If no notification is made, the
DEP may take enforcement action against all parties subject to the notification requirement.
43
If
the pollution release migrates beyond the facility’s property, the owner or operator must provide
an additional notice to the DEP within 24 hours of the discovery of the migration.
44
The DEP must publish all pollution notifications on its websites within 24 hours of receipt and
maintain an electronic mailing list for local governments, health departments, news media, and
other interested parties to receive announcements of any notices.
45
The DEP must also provide
an online form and email submission option for reporting pollution releases.
46
34
Section 403.067(2), F.S.; ch. 62-303.150, F.A.C.
35
“Point source” is defined as any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection
system, vessel or other floating craft from which pollutants are or may be discharged. Nonpoint sources of pollution are
sources of pollution that are not point sources. Fla. Admin. Code R. 62-620.200(37).
36
DEP, Basin Management Action Plans (BMAPs), https://floridadep.gov/dear/water-quality-restoration/content/basin-
management-action-plans-bmaps (last visited Jan. 26, 2024).
37
Id.
38
Id.
39
Section 403.067(7)(b)2.g., F.S. For example, BMPs for agriculture include activities such as managing irrigation water to
minimize losses, limiting the use of fertilizers, and waste management.
40
Section 403.077, F.S.
41
Section 403.077(1), F.S.
42
Section 403.077(2)(a), F.S.
43
Section 403.077(2)(b), F.S.
44
Section 403.077(2)(d), F.S.
45
Section 403.077(3)(a) and (b), F.S. See DEP, Public Notice of Pollution, https://floridadep.gov/sec/sec/content/public-
notice-pollution (last visited Mar. 9, 2025).
46
Section 403.077(3)(c), F.S. BILL: CS/SB 978 Page 7
Providing notice of a pollution release does not constitute an admission of liability or harm.
47
However, failure to provide the required notification can result in civil penalties.
48
Contaminants of Emerging Concern
Contaminants of Emerging Concern (CECs) are chemicals that are being discovered in water that
previously had not been detected or are being detected at levels that may be different than
expected.
49
While there are no regulatory limits, there may be a long-term potential risk to
human health or the environment associated with CECs. Additional studies may also bring new
or changing health exposure information. The United States Environmental Protection Agency
prioritizes CECs for research and data collection. As part of this data collection, all large and
selected smaller public water systems across the U.S. are required to monitor for the targeted
CECs.
50
III. Effect of Proposed Changes:
Section 1 includes the following legislative findings:
• The discharge of inadequately treated wastewater and aging sewage disposal facilities
compromise the quality of the environment, including freshwater, brackish water, and
nearshore and offshore salt waters, and threatens the quality of life and local economies in
the state that depend on those resources.
• The only practical and cost-effective way to fundamentally improve wastewater management
is to implement advanced wastewater treatment or better at all sewage disposal facilities with
a permitted capacity of greater than one million gallons per day in the state.
The bill provides that, in order to prioritize the upgrade of sewage disposal facilities, by
December 31, 2025, the Department of Environmental Protection (DEP), in consultation with the
water management districts and wastewater facilities, must submit to the Governor and the
Legislature a report detailing all of the following for all sewage disposal facilities with a
permitted capacity of greater than one million gallons per day in the state:
• Year of construction for the facility and any maintenance or upgrades.
• Total permitted volume of wastewater treated daily.
• Actual permitted volume of wastewater treated daily including the most recent one-year and
five-year averages.
• Current level of treatment, including concentrations for each of the following:
o Biochemical oxygen demand.
o Suspended solids.
o Total nitrogen.
o Total phosphorus.
o 1,4-dioxane.
47
Section 403.077(4), F.S.
48
Section 403.077(5), F.S.
49
DEP, Regulated Drinking Water Contaminants and Contaminants of Emerging Concern,
https://floridadep.gov/comm/press-office/content/regulated-drinking-water-contaminants-and-contaminants-emerging-
concern (last visited Jan. 18, 2024).
50
Id. BILL: CS/SB 978 Page 8
o Perfluorooctanoic acid.
o Perfluorooctanesulfonic acid.
o Molybdenum.
o Other contaminants of emerging concern as determined by DEP.
• Estimated total pollutant load based on permitted volume and concentrations.
• Disposal methods and the volume discharged to any receiving waterbodies, if applicable,
pursuant to s. 403.064(16), F.S.
51
• Impairment status of any receiving waterbodies within the watershed.
• Implementation status of total maximum daily loads (TMDL) and basin management action
plans (BMAPs) and recommended reductions for load allocations and wasteload allocations
for pollutants of concern.
• Total volume and concentration of any permitted and nonpermitted wastewater spills since
2010.
• Elevation of the facility and supporting infrastructure.
• Location within a floodplain, flood zone, or coastal high-hazard area and, if applicable, the
corresponding zone number.
The bill provides that, by December 31, 2026, the DEP, in consultation with the water
management districts and sewage disposal facilities, must submit to the Governor and
Legislature a report outlining a priority ranking process to upgrade all sewage disposal facilities
with a permitted capacity of greater than 1 million gallons per day in the state to advanced waste
treatment by 2036, based on all the following:
• Overall environmental benefit of a project based on:
o Water quality in receiving waterbodies, including impairment status;
o Severity and duration of documented algal blooms;
o Loss of submerged vegetation;
o Death of fish and wildlife;
o Public health advisories;
o Quantity and concentration of permitted and nonpermitted spills; and
o Risk of failure.
• Estimated reduction in nutrient and pollutant loads with advanced waste treatment.
• An explanation of additional projects necessary to meet any adopted TMDL and BMAPs if
upgrading to advanced waste treatment is not sufficient.
• Cost-effectiveness as determined by a planning-level cost estimate.
• Potential financial assistance available, including the water quality improvement grant
program and availability of local matching funds.
• Project readiness and the estimated date of completion.
The bill provides that, by June 30, 2027, the DEP, in consultation with the water management
districts and sewage disposal facilities, must submit to the Governor and Legislature a progress
report on the status of upgrades established through the priority ranking process for each sewage
disposal facility with a permitted capacity of greater than one million gallons per day in this
state. The report must include:
51
Section 403.064(16), F.S., requires domestic wastewater utilities to eliminate nonbeneficial surface water discharges by
January 1, 2032. BILL: CS/SB 978 Page 9
• The priority list identified by the DEP in its 2026 report;
• The preliminary cost estimates for the upgrades;
• A projected timeline of the dates by which the upgrades would begin and be completed; and
• The date by which operations of the upgraded sewage disposal facility would begin.
Section 2 provides an effective date of July 1, 2025.
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:
Indeterminate.
C. Government Sector Impact:
The Department of Environmental Protection may incur costs to prepare the reports
required by this bill which can be handled with existing resources.
VI. Technical Deficiencies:
None. BILL: CS/SB 978 Page 10
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates an undesignated section of Florida law.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Environment and Natural Resources on March 17, 2025:
• Clarifies that the bill does not require sewage disposal facilities to upgrade to
advanced wastewater treatment;
• Clarifies that “the department” refers to the Department of Environmental Protection
(DEP) and that DEP’s report outlining a priority ranking process must include all
sewage disposal facilities with a permitted capacity of greater than one million
gallons per day.
• Corrects a statutory reference, changing it from s. 403.064(17), F.S., to
s. 403.064(16), F.S.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.