Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1278
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Agriculture, Environment, and
       General Government)
    1                        A bill to be entitled                      
    2         An act relating to biosolids management; creating s.
    3         403.0616, F.S.; requiring the Department of
    4         Environmental Protection, subject to appropriation, to
    5         establish a real-time water quality monitoring
    6         program; encouraging the formation of public-private
    7         partnerships; creating s. 403.08715, F.S.; providing
    8         legislative findings; defining the term “biosolids”;
    9         prohibiting the land application of biosolids on
   10         certain sites; prohibiting the department from issuing
   11         or renewing certain permits; directing the department
   12         to initiate rulemaking by a specified date, adopt
   13         specified rules for biosolids management, and
   14         implement a specified water quality monitoring
   15         program; providing applicability; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 403.0616, Florida Statutes, is created
   21  to read:
   22         403.0616Real-time water quality monitoring program.—
   23         (1) Subject to appropriation, the department shall
   24  establish a real-time water quality monitoring program to assist
   25  in the restoration, preservation, and enhancement of impaired
   26  water bodies and coastal resources.
   27         (2)In order to expedite the creation and implementation of
   28  the program, the department is encouraged to form public-private
   29  partnerships with established scientific entities with existing,
   30  proven real-time water quality monitoring equipment and
   31  experience in deploying such equipment.
   32         Section 2. Section 403.08715, Florida Statutes, is created
   33  to read:
   34         403.08715Biosolids management.—
   35         (1)LEGISLATIVE FINDINGS.—The Legislature finds it is in
   36  the best interest of the state to:
   37         (a)Regulate biosolids management to minimize the migration
   38  of nutrients that impair or contribute to the impairment of
   39  water bodies.
   40         (b)Expedite implementation of the recommendations of the
   41  Biosolids Technical Advisory Committee, which includes
   42  permitting based on site-specific application conditions,
   43  increased inspection frequencies, groundwater and surface water
   44  monitoring protocols, and nutrient management research to
   45  improve the management of biosolids and protect this state’s
   46  water resources and water quality.
   47         (c)Expedite the implementation of biosolids processing
   48  innovative technologies as a means to improve biosolids
   49  management and protect water resources and water quality.
   50         (2)DEFINITION.—As used in this section, the term
   51  “biosolids” has the same meaning as in s. 373.4595(2).
   53         (a)Beginning July 1, 2020, the land application of
   54  biosolids is prohibited on any site where the biosolids
   55  application zone interacts with the seasonal high water table.
   56         (b)The department may not issue a new permit or renew an
   57  existing permit for the land application of biosolids for any
   58  site where the land application of biosolids is prohibited
   59  pursuant to paragraph (a).
   60         (4)RULEMAKING.—
   61         (a)For sites that are not subject to the prohibition under
   62  subsection (3), the department shall adopt rules for biosolids
   63  management to:
   64         1.Permit the use of biosolids in a manner that minimizes
   65  the migration of nutrients and that prevents impairment of
   66  surface water and groundwater quality, including:
   67         a.Site-specific land application rates of biosolids based
   68  on soil characteristics, soil adsorption capacity, water table
   69  characteristics, hydrogeology, site use, and distance to surface
   70  water;
   71         b.An evaluation of the percentage of water-extractable
   72  phosphorus in all biosolids to inform the appropriate
   73  application rate;
   74         c.Criteria for low-, medium-, and high-risk sites that
   75  guide application practices and required water quality
   76  monitoring; and
   77         d.Site-specific agronomic rates based on soil and plant
   78  tissue tests. The application volume is limited to the amount
   79  necessary to meet the agronomic need demonstrated by the soil
   80  and plant tissue test.
   81         2.Establish site-specific groundwater and surface water
   82  monitoring requirements.
   83         (b)The department shall initiate rulemaking by August 1,
   84  2019.
   85         (5)WATER QUALITY MONITORING.—The department shall
   86  implement an offsite water quality monitoring program sufficient
   87  to determine impacts from the land application of biosolids on
   88  downstream and nearby surface water and groundwater quality.
   89         (6)APPLICABILITY.—
   90         (a)This section does not conflict with or supersede s.
   91  373.4595 or s. 373.811.
   92         (b)This section does not apply to Class AA biosolids that
   93  are marketed and distributed as fertilizer products in
   94  accordance with department rule.
   95         (c)1.An ordinance, moratorium, or regulation adopted by a
   96  municipality or county before February 1, 2019, relating to the
   97  land application of Class B biosolids shall remain in effect
   98  until the ordinance, moratorium, or regulation is repealed by
   99  the municipality or county or until the effective date of the
  100  rules adopted by the department pursuant to subsection (4).
  101         2.This section does not limit the ability of a
  102  municipality or county to extend an ordinance, moratorium,
  103  resolution, or regulation adopted before February 1, 2019,
  104  relating to the land application of Class B biosolids until the
  105  effective date of the rules adopted by the department pursuant
  106  to subsection (4).
  107         Section 3. This act shall take effect July 1, 2019.