Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. CS for SB 1278 Ì778974aÎ778974 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Agriculture, Environment, and General Government (Mayfield) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 403.0616, Florida Statutes, is created 6 to read: 7 403.0616 Real-time water quality monitoring program.– 8 (1) Subject to appropriation, the department shall 9 establish a real-time water quality monitoring program to assist 10 in the restoration, preservation, and enhancement of impaired 11 water bodies and coastal resources. 12 (2) In order to expedite the creation and implementation of 13 the program, the department is encouraged to form public-private 14 partnerships with established scientific entities with existing, 15 proven real-time water quality monitoring equipment and 16 experience in deploying such equipment. 17 Section 2. Section 403.08715, Florida Statutes, is created 18 to read: 19 403.08715 Biosolids management.— 20 (1) LEGISLATIVE FINDINGS.-The Legislature finds it is in 21 the best interest of the state to: 22 (a) Regulate biosolids management to minimize the migration 23 of nutrients that impair or contribute to the impairment of 24 water bodies. 25 (b) Expedite implementation of the recommendations of the 26 Biosolids Technical Advisory Committee, which includes 27 permitting based on site-specific application conditions, 28 increased inspection frequencies, groundwater and surface water 29 monitoring protocols, and nutrient management research to 30 improve the management of biosolids and protect this state’s 31 water resources and water quality. 32 (c) Expedite the implementation of biosolids processing 33 innovative technologies as a means to improve biosolids 34 management and protect water resources and water quality. 35 (2) DEFINITION.—As used in this section, the term 36 “biosolids” has the same meaning as in s. 373.4595(2). 37 (3) PROHIBITED LAND APPLICATION.— 38 (a) Beginning July 1, 2020, the land application of 39 biosolids is prohibited on any site where the biosolids 40 application zone interacts with the seasonal high water table. 41 (b) The department may not issue a new permit or renew an 42 existing permit for the land application of biosolids for any 43 site where the land application of biosolids is prohibited 44 pursuant to paragraph (a). 45 (4) RULEMAKING.— 46 (a) For sites that are not subject to the prohibition under 47 subsection (3), the department shall adopt rules for biosolids 48 management to: 49 1. Permit the use of biosolids in a manner that minimizes 50 the migration of nutrients and that prevents impairment of 51 surface water and groundwater quality, including: 52 a. Site-specific land application rates of biosolids based 53 on soil characteristics, soil adsorption capacity, water table 54 characteristics, hydrogeology, site use, and distance to surface 55 water; 56 b. An evaluation of the percentage of water-extractable 57 phosphorus in all biosolids to inform the appropriate 58 application rate; 59 c. Criteria for low-, medium-, and high-risk sites that 60 guide application practices and required water quality 61 monitoring; and 62 d. Site-specific agronomic rates based on soil and plant 63 tissue tests. The application volume is limited to the amount 64 necessary to meet the agronomic need demonstrated by the soil 65 and plant tissue test. 66 2. Establish site-specific groundwater and surface water 67 monitoring requirements. 68 (b) The department shall initiate rulemaking by August 1, 69 2019. 70 (5) WATER QUALITY MONITORING.—The department shall 71 implement an offsite water quality monitoring program sufficient 72 to determine impacts from the land application of biosolids on 73 downstream and nearby surface water and groundwater quality. 74 (6) APPLICABILITY.— 75 (a) This section does not conflict with or supersede s. 76 373.4595 or s. 373.811. 77 (b) This section does not apply to Class AA biosolids that 78 are marketed and distributed as fertilizer products in 79 accordance with department rule. 80 (c)1. An ordinance, moratorium, or regulation adopted by a 81 municipality or county before February 1, 2019, relating to the 82 land application of Class B biosolids shall remain in effect 83 until the ordinance, moratorium, or regulation is repealed by 84 the municipality or county or until the effective date of the 85 rules adopted by the department pursuant to subsection (4). 86 2. This section does not limit the ability of a 87 municipality or county to extend an ordinance, moratorium, 88 resolution, or regulation adopted before February 1, 2019, 89 relating to the land application of Class B biosolids until the 90 effective date of the rules adopted by the department pursuant 91 to subsection (4). 92 Section 3. This act shall take effect July 1, 2019. 93 94 ================= T I T L E A M E N D M E N T ================ 95 And the title is amended as follows: 96 Delete everything before the enacting clause 97 and insert: 98 A bill to be entitled 99 An act relating to biosolids management; creating s. 100 403.0616, F.S.; requiring the Department of 101 Environmental Protection, subject to appropriation, to 102 establish a real-time water quality monitoring 103 program; encouraging the formation of public-private 104 partnerships; creating s. 403.08715, F.S.; providing 105 legislative findings; defining the term “biosolids”; 106 prohibiting the land application of biosolids on 107 certain sites; prohibiting the department from issuing 108 or renewing certain permits; directing the department 109 to initiate rulemaking by a specified date, adopt 110 specified rules for biosolids management, and 111 implement a specified water quality monitoring 112 program; providing applicability; providing an 113 effective date.